Text of MO HB 2526 (2026)

SECOND REGULAR SESSION HOUSE BILL NO. 2526 103RD GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE LAUBINGER. 6038H.01I JOSEPH ENGLER, Chief Clerk AN ACT To repeal sections 1.020, 9.372, 37.020, 37.735, 43.539, 43.540, 67.1660, 135.714, 160.410, 160.975, 161.223, 170.015, 173.831, 186.019, 191.1855, 211.425, 217.361, 221.097, 302.171, 303.425, 304.670, 324.203, 324.243, 333.151, 337.535, 337.739, 375.024, 375.936, 375.1402, 407.300, 443.863, 455.543, 566.200, 571.014, 571.101, 571.205, 589.407, 590.040, 590.650, 590.653, 595.201, 620.586, and 660.026, RSMo, and to enact in lieu thereof forty-three new sections relating to sex-related classifications. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Sections 1.020, 9.372, 37.020, 37.735, 43.539, 43.540, 67.1660, 135.714, 2 160.410, 160.975, 161.223, 170.015, 173.831, 186.019, 191.1855, 211.425, 217.361, 3 221.097, 302.171, 303.425, 304.670, 324.203, 324.243, 333.151, 337.535, 337.739, 4 375.024, 375.936, 375.1402, 407.300, 443.863, 455.543, 566.200, 571.014, 571.101, 5 571.205, 589.407, 590.040, 590.650, 590.653, 595.201, 620.586, and 660.026, RSMo, are 6 repealed and forty-three new sections enacted in lieu thereof, to be known as sections 1.020, 7 9.372, 37.020, 37.735, 43.539, 43.540, 67.1660, 135.714, 160.410, 160.975, 161.223, 8 170.015, 173.831, 186.019, 191.1855, 211.425, 217.361, 221.097, 302.171, 303.425, 9 304.670, 324.203, 324.243, 333.151, 337.535, 337.739, 375.024, 375.936, 375.1402, 10 407.300, 443.863, 455.543, 566.200, 571.014, 571.101, 571.205, 589.407, 590.040, 11 590.650, 590.653, 595.201, 620.586, and 660.026, to read as follows: 1.020. As used in the statutory laws of this state, unless otherwise specially provided 2 or unless plainly repugnant to the intent of the legislature or to the context thereof: 3 (1) Added text start: "Boy" means a minor human male; : end added text EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. 4 Added text start: : end added text "Certified mail" or "certified mail with return receipt requested", includes 5 certified mail carried by the United States Postal Service, or any parcel or letter carried by an 6 overnight, express, or ground delivery service that allows a sender or recipient to 7 electronically track its location and provides record of the signature of the recipient; 8 [(2)] (3) "County or circuit attorney" means prosecuting attorney; 9 [(3)] (4) "Executor" includes administrator where the subject matter applies to an 10 administrator; 11 [(4)] (5) Added text start: "Father" means a male parent; : end added text 12 (6) "Female" means an individual who naturally has, had, will have, or would 13 have, but for a congenital anomaly or intentional or unintentional disruption, the 14 reproductive system that at some point produces, transports, and utilizes eggs for 15 fertilization; 16 (7) "Gender identity", if used in state law, administrative rules, or guidelines, 17 shall not be considered a synonym or substitute for "sex" or "gender"; 18 Added text start: : end added text "General election" means the election required to be held on the Tuesday 19 succeeding the first Monday of November, biennially; 20 [(5)] (9) Added text start: "Girl" means a minor human female; : end added text 21 Added text start: : end added text "Guardian", if used in a section in a context relating to property rights or 22 obligations, means conservator of the estate as defined in chapter 475. "Guardianship", if 23 used in a section in a context relating to rights and obligations other than property rights or 24 obligations, means guardian of the person as defined in chapter 475; 25 [(6)] (11) "Handicap" means a mental or physical impairment that substantially limits 26 one or more major life activities, whether the impairment is congenital or acquired by 27 accident, injury, or disease, and where the impairment is verified by medical findings; 28 [(7)] (12) "Heretofore" means any time previous to the day when the statute 29 containing it takes effect; and "hereafter" means the time after the statute containing it takes 30 effect; 31 [(8)] (13) "In vacation" includes any adjournment of court for more than one day 32 whenever any act is authorized to be done by or any power given to a court, or judge thereof 33 in vacation, or whenever any act is authorized to be done by or any power given to a clerk of 34 any court in vacation; 35 [(9)] (14) "Incompetent", if used in a section in a context relating to actual 36 occupational ability without reference to a court adjudication of incompetency, means the 37 actual ability of a person to perform in that occupation. "Incompetent", if used in a section in 38 a context relating to the property rights and obligations of a person, means a disabled person 39 as defined in chapter 475. "Incompetent", if used in a section in a context relating to the HB 2526 2 40 rights and obligations of a person other than property rights and obligations, means an 41 incapacitated person as defined in chapter 475; 42 [(10)] (15) "Justice of the county court" means commissioner of the county 43 commission; 44 [(11)] (16) Added text start: "Male" means an individual who naturally has, had, will have, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization; : end added text 45 Added text start: "Male" means an individual who naturally has, had, will have, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization; : end added text 46 Added text st art: "M ale" mea ns an indiv idual who naturally ha s, h ad, will have, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization; : end added text 47 Added text start: "Male" means an individual who naturally has, had, will have, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization; : end added text 48 (17) "Man" means an adult human male; 49 Added text start: : end added text "Month" and "year". "Month" means a calendar month, and "year" means a 50 calendar year unless otherwise expressed, and is equivalent to the words year of our Lord; 51 [(12)] (19) Added text start: "Mother" means a female parent; : end added text 52 Added text start: : end added text The word "person" may extend and be applied to bodies politic and corporate, 53 and to partnerships and other unincorporated associations; 54 [(13)] (21) "Personal property" includes money, goods, chattels, things in action and 55 evidences of debt; 56 [(14)] (22) "Place of residence" means the place where the family of any person 57 permanently resides in this state, and the place where any person having no family generally 58 lodges; 59 [(15)] (23) "Preceding" and "following", when used by way of reference to any 60 section of the statutes, mean the section next preceding or next following that in which the 61 reference is made, unless some other section is expressly designated in the reference; 62 [(16)] (24) "Property" includes real and personal property; 63 [(17)] (25) "Real property" or "premises" or "real estate" or "lands" is coextensive 64 with lands, tenements and hereditaments; 65 [(18)] (26) Added text start: "Sex", if used to classify or describe a natural person, means the state of being either male or female as observed or clinically verified at birth. The term "sex" shall be interpreted in accordance with the following provisions: : end added text 66 Added text start: "Sex", if used to classify or describe a natural person, m eans the state of being either male or female as observed or clinically verified at birth. The term "sex" shall be interpreted in accordance with the following provisions: : end added text 67 Added text start: "Sex", if used to classify or describe a natural person, means the state of being either male or female as observed or clinically verified at birth. The term "sex" shall be interpreted in accordance with the following provisions: : end added text 68 Added text start: : end added text Added text start: There are only two sexes, and every individual is either male or female; : end added text 69 (b) Individuals with congenital and medically verifiable DSD conditions, 70 sometimes referred to as differences in sex development, disorders in sex development, 71 or intersex conditions, are not members of a third sex and shall be accommodated 72 consistent with state and federal law; and 73 (c) The term "sex" does not include "gender identity" or any other term 74 intended to convey a person's subjective sense of self. "Gender identity" and other 75 subjective terms shall not be considered synonyms or substitutes for "sex"; HB 2526 3 76 Added text start: : end added text "State", when applied to any of the United States, includes the District of 77 Columbia and the territories, and the words "United States" includes such district and 78 territories; 79 [(19)] (28) "Under legal disability" includes persons within the age of minority or of 80 unsound mind or imprisoned; 81 [(20)] (29) "Ward", if used in a section in a context relating to the property rights and 82 obligations of a person, means a protectee as defined in chapter 475. "Ward", if used in a 83 section in a context relating to the rights and obligations of a person other than property rights 84 and obligations, means a ward as defined in chapter 475; 85 [(21)] (30) "Will" includes the words testament and codicil; 86 [(22)] (31) Added text start: "Woman" means an adult human female; : end added text 87 Added text start: : end added text "Written" and "in writing" and "writing word for word" includes printing, 88 lithographing, or other mode of representing words and letters, but in all cases where the 89 signature of any person is required, the proper handwriting of the person, or his mark, is 90 intended. 9.372. The third Saturday of October of each year is hereby designated as "Domestic 2 Violence Awareness Day" in Missouri. The citizens of this state are encouraged to participate 3 in appropriate events and activities to bring awareness to domestic violence and its impacts on 4 individuals regardless of race, ethnicity, [Deleted text start: gender: end deleted text] Added text start: sex : end added text, religion, or socioeconomic status. 37.020. 1. As used in this section, the following words and phrases mean: 2 (1) "Certification", the determination, through whatever procedure is used by the 3 office of administration, that a legal entity is a socially and economically disadvantaged small 4 business concern for purposes of this section; 5 (2) "Department", the office of administration and any public institution of higher 6 learning in the state of Missouri; 7 (3) "Minority business enterprise", a business that is: 8 (a) A sole proprietorship owned and controlled by a minority; 9 (b) A partnership or joint venture owned and controlled by minorities in which at 10 least fifty-one percent of the ownership interest is held by minorities and the management and 11 daily business operations of which are controlled by one or more of the minorities who own 12 it; or 13 (c) A corporation or other entity whose management and daily business operations 14 are controlled by one or more minorities who own it, and which is at least fifty-one percent 15 owned by one or more minorities, or if stock is issued, at least fifty-one percent of the stock is 16 owned by one or more minorities; 17 (4) "Socially and economically disadvantaged individuals", individuals, regardless of 18 [Deleted text start: gender: end deleted text] Added text start: sex : end added text, who have been subjected to racial, ethnic, or sexual prejudice or cultural bias HB 2526 4 19 because of their identity as a member of a group without regard to their individual qualities 20 and whose ability to compete in the free enterprise system has been impaired due to 21 diminished capital and credit opportunities as compared to others in the same business area. 22 In determining the degree of diminished credit and capital opportunities the office of 23 administration shall consider, but not be limited to, the assets and net worth of such 24 individual; 25 (5) "Socially and economically disadvantaged small business concern", any small 26 business concern: 27 (a) Which is at least fifty-one percentum owned by one or more socially and 28 economically disadvantaged individuals; or, in the case of any publicly owned business, at 29 least fifty-one percentum of the stock of which is owned by one or more socially and 30 economically disadvantaged individuals; and 31 (b) Whose management and daily business operations are controlled by one or more 32 of such individuals; 33 (6) "Women's business enterprise", a business that is: 34 (a) A sole proprietorship owned and controlled by a woman; 35 (b) A partnership or joint venture owned and controlled by women in which at least 36 fifty-one percent of the ownership interest is held by women and the management and daily 37 business operations of which are controlled by one or more of the women who own it; or 38 (c) A corporation or other entity whose management and daily business operations 39 are controlled by one or more women who own it, and which is at least fifty-one percent 40 owned by women, or if stock is issued, at least fifty-one percent of the stock is owned by one 41 or more women. 42 2. The office of administration, in consultation with each department, shall establish 43 and implement a plan to increase and maintain the participation of certified socially and 44 economically disadvantaged small business concerns or minority business enterprises, 45 directly or indirectly, in contracts for supplies, services, and construction contracts, consistent 46 with goals determined after an appropriate study conducted to determine the availability of 47 socially and economically disadvantaged small business concerns and minority business 48 enterprises in the marketplace. The commissioner of administration shall appoint an 49 oversight review committee to oversee and review the results of such study. The committee 50 shall be composed of nine members, four of whom shall be members of business, three of 51 whom shall be from staff of selected departments, one of whom shall be a member of the 52 house of representatives, and one of whom shall be a member of the senate. 53 3. The goals to be pursued by each department under the provisions of this section 54 shall be construed to overlap with those imposed by federal law or regulation, if any, shall run 55 concurrently therewith and shall be in addition to the amount required by federal law only to HB 2526 5 56 the extent the percentage set by this section exceeds those required by federal law or 57 regulations. 58 4. The commissioner of administration may designate a nonprofit organization as a 59 minority business enterprise or women's business enterprise for the exclusive purpose of 60 competing in other states, provided that the organization is headquartered in Missouri and the 61 collective majority of the organization's board of directors and executive management in 62 charge of daily business operations are minorities or women. 37.735. 1. The "Governor's Council on Disability" is hereby assigned to the office of 2 administration. 3 2. The council shall consist of a chairperson, twenty members, and an executive 4 director. 5 3. The chairperson shall be appointed by the governor with the advice and consent of 6 the senate. The members of the council shall be appointed by the governor. Recruitment and 7 appointment of members to the council shall provide for representation of various ethnic, age, 8 [Deleted text start: gender: end deleted text] Added text start: sex : end added text, and physical and mental disability groups. 9 4. The funds necessary for the executive director and such other personnel as 10 necessary shall be appropriated through the office of administration. The executive director 11 shall serve under the supervision of the committee chairman. The executive director shall be 12 exempted from the state merit system. 13 5. All members shall be appointed for four-year terms. Vacancies occurring in the 14 membership of the council for any reason shall be filled by appointment by the governor for 15 the unexpired term. Upon expiration of their terms, members of the council shall continue to 16 hold office until the appointment and qualification of their successors. No person shall be 17 appointed for more than two consecutive terms, except that a person appointed to fill a 18 vacancy may serve for two additional successive terms. The governor may remove a member 19 for cause. 20 6. Members of the council shall be chosen to meet the following criteria: 21 (1) The majority of the council shall be comprised of people with disabilities, 22 representing the various disability groups. The remaining positions shall be filled by family 23 members of people with disabilities, persons who represent other disability-related groups, 24 and other advocates. A person considered to have a disability shall meet the federal definition 25 of disability as defined by P.L. 101-336; 26 (2) The council shall include at least one member from each congressional district; 27 (3) Members of the council shall be knowledgeable about disability-related issues and 28 have demonstrated a commitment to full participation of people with disabilities in all aspects 29 of community life. HB 2526 6 30 7. The chairperson of the council shall serve without compensation but shall be 31 reimbursed for actual and necessary travel and other expenses incurred in the performance of 32 the duties as chairperson of the council on disability. The members of the council shall serve 33 without compensation but may be reimbursed for their actual and necessary expenses 34 incurred in attending all meetings provided for by sections 37.735 to 37.745. 35 8. The council shall meet at least once each calendar quarter to conduct its business. 36 The executive director shall give notice to each member of the time and place of each meeting 37 of the council at least ten days before the scheduled date of the meeting, and notice of any 38 special meeting shall state the specific matters to be considered in the special meeting which 39 is not a regular quarterly meeting. 40 9. The chairperson, with the advice and consent of the council, shall appoint an 41 executive director who shall serve as a nonvoting member and executive officer of the 42 council. The executive director shall serve under the supervision of the chairperson of the 43 council. The executive director shall be a person who is knowledgeable about disability- 44 related issues and has demonstrated a commitment to full participation of people with 45 disabilities in all aspects of community life. 46 10. The director of each state department shall designate at least one employee who 47 shall act as a liaison with the council. 43.539. 1. As used in this section, the following terms mean: 2 (1) "Applicant", a person who: 3 (a) Is actively employed by or seeks employment with a qualified entity; 4 (b) Is actively licensed or seeks licensure with a qualified entity; 5 (c) Actively volunteers or seeks to volunteer with a qualified entity; 6 (d) Is actively contracted with or seeks to contract with a qualified entity; or 7 (e) Owns or operates a qualified entity; 8 (2) "Care", the provision of care, treatment, education, training, instruction, 9 supervision, or recreation to children, the elderly, or disabled persons; 10 (3) "Missouri criminal record review", a review of criminal history records and sex 11 offender registration records under sections 589.400 to 589.425 maintained by the Missouri 12 state highway patrol in the Missouri criminal records repository; 13 (4) "Missouri Rap Back program", any type of automatic notification made by the 14 Missouri state highway patrol to a qualified entity indicating that an applicant who is 15 employed, licensed, or otherwise under the purview of that entity has been arrested for a 16 reported criminal offense in Missouri as required under section 43.506; 17 (5) "National criminal record review", a review of the criminal history records 18 maintained by the Federal Bureau of Investigation; HB 2526 7 19 (6) "National Rap Back program", any type of automatic notification made by the 20 Federal Bureau of Investigation through the Missouri state highway patrol to a qualified 21 entity indicating that an applicant who is employed, licensed, or otherwise under the purview 22 of that entity has been arrested for a reported criminal offense outside the state of Missouri 23 and the fingerprints for that arrest were forwarded to the Federal Bureau of Investigation by 24 the arresting agency; 25 (7) "Patient or resident", a person who by reason of age, illness, disease, or physical 26 or mental infirmity receives or requires care or services furnished by an applicant, as defined 27 in this section, or who resides or boards in, or is otherwise kept, cared for, treated, or 28 accommodated in a facility as defined in section 198.006, for a period exceeding twenty-four 29 consecutive hours; 30 (8) "Qualified entity", a person, business, or organization that provides care, care 31 placement, or educational services for children, the elderly, or persons with disabilities as 32 patients or residents, including a business or organization that licenses or certifies others to 33 provide care or care placement services; 34 (9) "Youth services agency", any agency, school, or association that provides 35 programs, care, or treatment for or exercises supervision over minors. 36 2. The central repository shall have the authority to submit applicant fingerprints to 37 the National Rap Back program to be retained for the purpose of being searched against future 38 submissions to the National Rap Back program, including latent fingerprint searches. 39 Qualified entities may conduct Missouri and national criminal record reviews on applicants 40 and participate in Missouri and National Rap Back programs for the purpose of determining 41 suitability or fitness for a permit, license, or employment, and shall abide by the following 42 requirements: 43 (1) The qualified entity shall register with the Missouri state highway patrol prior to 44 submitting a request for screening under this section. As part of the registration, the qualified 45 entity shall indicate if it chooses to enroll applicants in the Missouri and National Rap Back 46 programs; 47 (2) Qualified entities shall notify applicants subject to a criminal record review under 48 this section that the applicant's fingerprints shall be retained by the state central repository and 49 the Federal Bureau of Investigation and shall be searched against other fingerprints on file, 50 including latent fingerprints; 51 (3) Qualified entities shall notify applicants subject to enrollment in the National Rap 52 Back program that the applicant's fingerprints, while retained, may continue to be compared 53 against other fingerprints submitted or retained by the Federal Bureau of Investigation, 54 including latent fingerprints; HB 2526 8 55 (4) The criminal record review and Rap Back process described in this section shall 56 be voluntary and conform to the requirements established in the National Child Protection 57 Act of 1993, as amended, and other applicable state or federal law. As a part of the 58 registration, the qualified entity shall agree to comply with state and federal law and shall 59 indicate so by signing an agreement approved by the Missouri state highway patrol. The 60 Missouri state highway patrol may periodically audit qualified entities to ensure compliance 61 with federal law and this section; 62 (5) A qualified entity shall submit to the Missouri state highway patrol a request for 63 screening on applicants covered under this section using a completed fingerprint card; 64 (6) Each request shall be accompanied by a reasonable fee, as provided in section 65 43.530, plus the amount required, if any, by the Federal Bureau of Investigation for the 66 national criminal record review and enrollment in the National Rap Back program in 67 compliance with the National Child Protection Act of 1993, as amended, and other applicable 68 state or federal laws; 69 (7) The Missouri state highway patrol shall provide, directly to the qualified entity, 70 the applicant's state criminal history records that are not exempt from disclosure under 71 chapter 610 or otherwise confidential under law; 72 (8) The national criminal history data shall be available to qualified entities to use 73 only for the purpose of screening applicants as described under this section. The Missouri 74 state highway patrol shall provide the applicant's national criminal history record information 75 directly to the qualified entity; 76 (9) The determination whether the criminal history record shows that the applicant 77 has been convicted of or has a pending charge for any crime that bears upon the fitness of the 78 applicant to have responsibility for the safety and well-being of children, the elderly, or 79 disabled persons shall be made solely by the qualified entity. This section shall not require 80 the Missouri state highway patrol to make such a determination on behalf of any qualified 81 entity; 82 (10) The qualified entity shall notify the applicant, in writing, of his or her right to 83 obtain a copy of any criminal record review, including the criminal history records, if any, 84 contained in the report and of the applicant's right to challenge the accuracy and completeness 85 of any information contained in any such report and obtain a determination as to the validity 86 of such challenge before a final determination regarding the applicant is made by the qualified 87 entity reviewing the criminal history information. A qualified entity that is required by law to 88 apply screening criteria, including any right to contest or request an exemption from 89 disqualification, shall apply such screening criteria to the state and national criminal history 90 record information received from the Missouri state highway patrol for those applicants 91 subject to the required screening; and HB 2526 9 92 (11) Failure to obtain the information authorized under this section, with respect to an 93 applicant, shall not be used as evidence in any negligence action against a qualified entity. 94 The state, any political subdivision of the state, or any agency, officer, or employee of the 95 state or a political subdivision shall not be liable for damages for providing the information 96 requested under this section. 97 3. The criminal record review shall include the submission of fingerprints to the 98 Missouri state highway patrol, who shall conduct a Missouri criminal record review, 99 including closed record information under section 610.120. The Missouri state highway 100 patrol shall also forward a copy of the applicant's fingerprints to the Federal Bureau of 101 Investigation for a national criminal record review. 102 4. The applicant subject to a criminal record review shall provide the following 103 information to the qualified entity: 104 (1) Consent to obtain the applicant's fingerprints, conduct the criminal record review, 105 and participate in the Missouri and National Rap Back programs; 106 (2) Consent to obtain the identifying information required to conduct the criminal 107 record review, which may include, but not be limited to: 108 (a) Name; 109 (b) Date of birth; 110 (c) Height; 111 (d) Weight; 112 (e) Eye color; 113 (f) Hair color; 114 (g) [Deleted text start: Gender: end deleted text] Added text start: Sex : end added text; 115 (h) Race; 116 (i) Place of birth; 117 (j) Social Security number; and 118 (k) The applicant's photo. 119 5. Any information received by an authorized state agency or a qualified entity under 120 the provisions of this section shall be used solely for internal purposes in determining the 121 suitability of an applicant. The dissemination of criminal history information from the 122 Federal Bureau of Investigation beyond the authorized state agency or related governmental 123 entity is prohibited. All criminal record check information shall be confidential, and any 124 person who discloses the information beyond the scope allowed is guilty of a class A 125 misdemeanor. 126 6. A qualified entity enrolled in either the Missouri or National Rap Back program 127 shall be notified by the Missouri state highway patrol that a new arrest has been reported on 128 an applicant who is employed, licensed, or otherwise under the purview of the qualified HB 2526 10 129 entity. Upon receiving the Rap Back notification, if the qualified entity deems that the 130 applicant is still serving in an active capacity, the entity may request and receive the 131 individual's updated criminal history record. This process shall only occur if: 132 (1) The entity has abided by all procedures and rules promulgated by the Missouri 133 state highway patrol and Federal Bureau of Investigation regarding the Missouri and National 134 Rap Back programs; 135 (2) The individual upon whom the Rap Back notification is being made has 136 previously had a Missouri and national criminal record review completed for the qualified 137 entity under this section; and 138 (3) The individual upon whom the Rap Back notification is being made is a current 139 employee, licensee, or otherwise still actively under the purview of the qualified entity. 140 7. The Missouri state highway patrol shall make available or approve the necessary 141 forms, procedures, and agreements necessary to implement the provisions of this section. 43.540. 1. As used in this section, the following terms mean: 2 (1) "Applicant", a person who: 3 (a) Is actively employed by or seeks employment with a qualified entity; 4 (b) Is actively licensed or seeks licensure with a qualified entity; 5 (c) Actively volunteers or seeks to volunteer with a qualified entity; or 6 (d) Is actively contracted with or seeks to contract with a qualified entity; 7 (2) "Missouri criminal record review", a review of criminal history records and sex 8 offender registration records pursuant to sections 589.400 to 589.425 maintained by the 9 Missouri state highway patrol in the Missouri criminal records repository; 10 (3) "Missouri Rap Back program", shall include any type of automatic notification 11 made by the Missouri state highway patrol to a qualified entity indicating that an applicant 12 who is employed, licensed, or otherwise under the purview of that entity has been arrested for 13 a reported criminal offense in Missouri as required under section 43.506; 14 (4) "National criminal record review", a review of the criminal history records 15 maintained by the Federal Bureau of Investigation; 16 (5) "National Rap Back program", shall include any type of automatic notification 17 made by the Federal Bureau of Investigation through the Missouri state highway patrol to a 18 qualified entity indicating that an applicant who is employed, licensed, or otherwise under the 19 purview of that entity has been arrested for a reported criminal offense outside the state of 20 Missouri and the fingerprints for that arrest were forwarded to the Federal Bureau of 21 Investigation by the arresting agency; 22 (6) "Qualified entity", an entity that is: HB 2526 11 23 (a) An office or division of state, county, or municipal government, including a 24 political subdivision or a board or commission designated by statute or approved local 25 ordinance, to issue or renew a license, permit, certification, or registration of authority; 26 (b) An office or division of state, county, or municipal government, including a 27 political subdivision or a board or commission designated by statute or approved local 28 ordinance, to make fitness determinations on applications for state, county, or municipal 29 government employment; or 30 (c) Any entity that is authorized to obtain criminal history record information under 31 28 CFR 20.33. 32 2. The central repository shall have the authority to submit applicant fingerprints to 33 the National Rap Back program to be retained for the purpose of being searched against future 34 submissions to the National Rap Back program, including latent fingerprint searches. 35 Qualified entities may conduct Missouri and national criminal record reviews on applicants 36 and participate in Missouri and National Rap Back programs for the purpose of determining 37 suitability or fitness for a permit, license, or employment, and shall abide by the following 38 requirements: 39 (1) The qualified entity shall register with the Missouri state highway patrol prior to 40 submitting a request for screening under this section. As part of such registration, the 41 qualified entity shall indicate if it chooses to enroll their applicants in the Missouri and 42 National Rap Back programs; 43 (2) Qualified entities shall notify applicants subject to a criminal record review under 44 this section that the applicant's fingerprints shall be retained by the state central repository and 45 the Federal Bureau of Investigation and shall be searched against other fingerprints on file, 46 including latent fingerprints; 47 (3) Qualified entities shall notify applicants subject to enrollment in the National Rap 48 Back program that the applicant's fingerprints, while retained, may continue to be compared 49 against other fingerprints submitted or retained by the Federal Bureau of Investigation, 50 including latent fingerprints; 51 (4) The criminal record review and Rap Back process described in this section shall 52 be voluntary and conform to the requirements established in Pub. L. 92-544 and other 53 applicable state or federal law. As a part of the registration, the qualified entity shall agree to 54 comply with state and federal law and shall indicate so by signing an agreement approved by 55 the Missouri state highway patrol. The Missouri state highway patrol may periodically audit 56 qualified entities to ensure compliance with federal law and this section; 57 (5) A qualified entity shall submit to the Missouri state highway patrol a request for 58 screening on applicants covered under this section using a completed fingerprint card; HB 2526 12 59 (6) Each request shall be accompanied by a reasonable fee, as provided in section 60 43.530, plus the amount required, if any, by the Federal Bureau of Investigation for the 61 national criminal record review and enrollment in the National Rap Back program in 62 compliance with applicable state or federal laws; 63 (7) The Missouri state highway patrol shall provide, directly to the qualified entity, 64 the applicant's state criminal history records that are not exempt from disclosure under 65 chapter 610 or are otherwise confidential under law; 66 (8) The national criminal history data shall be available to qualified entities to use 67 only for the purpose of screening applicants as described under this section. The Missouri 68 state highway patrol shall provide the applicant's national criminal history record information 69 directly to the qualified entity; 70 (9) This section shall not require the Missouri state highway patrol to make an 71 eligibility determination on behalf of any qualified entity; 72 (10) The qualified entity shall notify the applicant, in writing, of his or her right to 73 obtain a copy of any criminal record review, including the criminal history records, if any, 74 contained in the report, and of the applicant's right to challenge the accuracy and 75 completeness of any information contained in any such report and to obtain a determination 76 as to the validity of such challenge before a final determination regarding the applicant is 77 made by the qualified entity reviewing the criminal history information. A qualified entity 78 that is required by law to apply screening criteria, including any right to contest or request an 79 exemption from disqualification, shall apply such screening criteria to the state and national 80 criminal history record information received from the Missouri state highway patrol for those 81 applicants subject to the required screening; and 82 (11) Failure to obtain the information authorized under this section with respect to an 83 applicant shall not be used as evidence in any negligence action against a qualified entity. 84 The state, any political subdivision of the state, or any agency, officer, or employee of the 85 state or a political subdivision shall not be liable for damages for providing the information 86 requested under this section. 87 3. The criminal record review shall include the submission of fingerprints to the 88 Missouri state highway patrol, who shall conduct a Missouri criminal record review, 89 including closed record information under section 610.120. The Missouri state highway 90 patrol shall also forward a copy of the applicant's fingerprints to the Federal Bureau of 91 Investigation for a national criminal record review. 92 4. The applicant subject to a criminal record review shall provide the following 93 information to the qualified entity: 94 (1) Consent to obtain the applicant's fingerprints, conduct the criminal record review, 95 and participate in the Missouri and National Rap Back programs; HB 2526 13 96 (2) Consent to obtain the identifying information required to conduct the criminal 97 record review, which may include, but not be limited to: 98 (a) Name; 99 (b) Date of birth; 100 (c) Height; 101 (d) Weight; 102 (e) Eye color; 103 (f) Hair color; 104 (g) [Deleted text start: Gender: end deleted text] Added text start: Sex : end added text; 105 (h) Race; 106 (i) Place of birth; 107 (j) Social Security number; and 108 (k) The applicant's photo. 109 5. Any information received by an authorized state agency or a qualified entity 110 pursuant to the provisions of this section shall be used solely for internal purposes in 111 determining the suitability of an applicant. The dissemination of criminal history information 112 from the Federal Bureau of Investigation beyond the authorized state agency or related 113 governmental entity is prohibited. All criminal record check information shall be confidential 114 and any person who discloses the information beyond the scope allowed is guilty of a class A 115 misdemeanor. 116 6. A qualified entity enrolled in either the Missouri or National Rap Back programs 117 shall be notified by the Missouri state highway patrol that a new arrest has been reported on 118 an applicant who is employed, licensed, or otherwise under the purview of the qualified 119 entity. Upon receiving the Rap Back notification, if the qualified entity deems that the 120 applicant is still serving in an active capacity, the entity may request and receive the 121 individual's updated criminal history record. This process shall only occur if: 122 (1) The agency has abided by all procedures and rules promulgated by the Missouri 123 state highway patrol and Federal Bureau of Investigation regarding the Missouri and National 124 Rap Back programs; 125 (2) The individual upon whom the Rap Back notification is being made has 126 previously had a Missouri and national criminal record review completed for the qualified 127 entity under this section; and 128 (3) The individual upon whom the Rap Back notification is being made is a current 129 employee, licensee, or otherwise still actively under the purview of the qualified entity. 130 7. The highway patrol shall make available or approve the necessary forms, 131 procedures, and agreements necessary to implement the provisions of this section. HB 2526 14 67.1660. 1. No provision of sections 67.1600 to 67.1663 and no procedure, 2 regulation, or bylaw of a governing commission and program created pursuant to the 3 provisions of sections 67.1600 to 67.1663 shall abridge a member's right to forfeit the 4 registration fee and guarantee and withdraw from the program at any time and sell the 5 guaranteed residence in any legal manner he or she sees fit. 6 2. No provision of sections 67.1600 to 67.1663 or any procedure, regulation, or bylaw 7 of a governing commission and program created pursuant to the provisions of sections 8 67.1600 to 67.1663 is intended as, and none shall be used as, a means of discriminating 9 against any individual on the basis of ethnic background, [Deleted text start: gender: end deleted text] Added text start: sex : end added text, race or religion. 135.714. 1. Each educational assistance organization shall: 2 (1) Notify the state treasurer of such organization's intent to provide scholarship 3 accounts to qualified students; 4 (2) Demonstrate to the state treasurer that such organization is exempt from federal 5 income tax under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended; 6 (3) Provide a state treasurer-approved receipt to taxpayers for contributions made to 7 the organization; 8 (4) Ensure that grants are distributed to scholarship accounts of qualified students in 9 the following order: 10 (a) Qualified students who received a scholarship grant in the previous school year; 11 (b) Qualified students who are siblings of qualified students who will receive a 12 scholarship grant in the current school year; 13 (c) Qualified students that have an approved "individualized education plan" (IEP) 14 developed under the federal Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 15 Section 1400, et seq., as amended, or who have been diagnosed with dyslexia, as the term 16 "dyslexia" is defined in section 633.420; 17 (d) Qualified students who are eligible for free lunch as approved by the department 18 of elementary and secondary education in accordance with federal regulations and who reside 19 in an unaccredited or provisionally accredited school district; 20 (e) Qualified students who are eligible for reduced price lunch as approved by the 21 department of elementary and secondary education in accordance with federal regulations and 22 who reside in an unaccredited or provisionally accredited school district; 23 (f) Qualified students who are eligible for free lunch as approved by the department 24 of elementary and secondary education in accordance with federal regulations; 25 (g) Qualified students who are eligible for reduced price lunch as approved by the 26 department of elementary and secondary education in accordance with federal regulations; 27 (h) Qualified students who are active duty military dependents who have relocated to 28 Missouri and are enrolling in a school in the state for the first time; and HB 2526 15 29 (i) All other qualified students; 30 (5) Ensure that: 31 (a) One hundred percent of such organization's revenues from interest or investments 32 is spent on scholarship accounts; 33 (b) At least ninety percent of such organization's revenues from qualifying 34 contributions is spent on scholarship accounts; and 35 (c) Marketing and administrative expenses do not exceed the following limits of such 36 organization's remaining revenue from contributions: 37 a. Ten percent for the first two hundred fifty thousand dollars; 38 b. Eight percent for the next five hundred thousand dollars; and 39 c. Three percent thereafter; 40 (6) (a) Distribute scholarship account payments either four times per year or in a 41 single lump sum at the beginning of the year as requested by the parent of a qualified student, 42 based on the state adequacy target as defined in section 163.011 and calculated by the 43 department of elementary and secondary education, subject to the following total grant 44 amount limits: 45 a. For a qualified student who meets the criteria to be included in a school district's 46 limited English proficiency pupil count as set forth in subdivision (8) of section 163.011, not 47 more than one hundred sixty percent of the state adequacy target; 48 b. For a qualified student who is eligible for free or reduced price lunch as approved 49 by the department of elementary and secondary education in accordance with federal 50 regulations, not more than one hundred twenty-five percent of the state adequacy target; 51 c. For a qualified student who has an approved individualized education plan 52 developed under the federal Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 53 Section 1400, et seq., as amended, not more than one hundred seventy-five percent of the 54 state adequacy target; and 55 d. For all other qualified students, not more than the state adequacy target; 56 (b) Scholarship account payments distributed under this subdivision shall be in the 57 form of a deposit into the scholarship account of the qualified student; 58 (7) Provide the state treasurer, upon request, with criminal background checks on all 59 such organization's employees and board members and exclude from employment or 60 governance any individual who might reasonably pose a risk to the appropriate use of 61 contributed funds; 62 (8) Demonstrate such organization's financial accountability by: 63 (a) Submitting to the state treasurer annual audit financial statements by a certified 64 public accountant within six months of the end of the educational assistance organization's 65 fiscal year; and HB 2526 16 66 (b) Having an auditor certify that the report is free of material misstatements; and 67 (9) Ensure that participating students take the state achievement tests or nationally 68 norm-referenced tests that measure learning gains in math and English language arts, and 69 provide for value-added assessment, in grades that require testing under the statewide 70 assessment system set forth in section 160.518; 71 (10) Allow costs of the testing requirements to be covered by the scholarships 72 distributed by the educational assistance organization; 73 (11) Provide the parents of each student who was tested with a copy of the results of 74 the tests on an annual basis, beginning with the first year of testing; 75 (12) Provide the test results to the state treasurer, the department of elementary and 76 secondary education, and the board established in section 135.715 on an annual basis, 77 beginning with the first year of testing; 78 (13) Report student information that would allow the state treasurer, the department 79 of elementary and secondary education, and the board established in section 135.715 to 80 aggregate data by grade level, [Deleted text start: gender: end deleted text] Added text start: sex : end added text, family income level, and race; 81 (14) Provide rates of high school graduation, college attendance, and college 82 graduation for participating students to the state treasurer, the department of elementary and 83 secondary education, and the board established in section 135.715 in a manner consistent with 84 nationally recognized standards; 85 (15) Provide to the state treasurer, the department of elementary and secondary 86 education, and the board established in section 135.715 the results from an annual parental 87 satisfaction survey, including information about the number of years that the parent's child 88 has participated in the scholarship program. The annual satisfaction survey shall ask parents 89 of scholarship students to express: 90 (a) Their level of satisfaction with the child's academic achievement, including 91 academic achievement at the schools the child attends through the scholarship program versus 92 academic achievement at the school previously attended; 93 (b) Their level of satisfaction with school safety at the schools the child attends 94 through the scholarship program versus safety at the schools previously attended; 95 (16) Demonstrate such organization's financial viability, if such organization is to 96 receive donations of fifty thousand dollars or more during the school year, by filing with the 97 state treasurer before the start of the school year a surety bond payable to the state in an 98 amount equal to the aggregate amount of contributions expected to be received during the 99 school year or other financial information that demonstrates the financial viability of the 100 educational assistance organization. 101 2. The annual audit required under this section shall include: 102 (1) The name and address of the educational assistance organization; HB 2526 17 103 (2) The name and address of each qualified student for whom a parent opened a 104 scholarship account with the organization; 105 (3) The total number and total dollar amount of contributions received during the 106 previous calendar year; and 107 (4) The total number and total dollar amount of scholarship accounts opened during 108 the previous calendar year. 109 3. The state treasurer shall: 110 (1) Ensure compliance with all student privacy laws for data in the state treasurer's 111 possession; 112 (2) Collect all test results; 113 (3) Provide the test results and associated learning gains to the public via a state 114 website after the third year of test and test-related data collection. The findings shall be 115 aggregated by the students' grade level, [Deleted text start: gender: end deleted text] Added text start: sex : end added text, family income level, number of years of 116 participation in the scholarship program, and race; and 117 (4) Provide graduation rates to the public via a state website after the third year of test 118 and test-related data collection. 119 4. The state treasurer shall cause the following information to be posted on the state 120 treasurer's website annually, provided that no personally identifiable information of any 121 student is released: 122 (1) The number of students who have been awarded a scholarship to date and the 123 number of students who have been awarded a scholarship in the current school year; 124 (2) The number of scholarship recipients enrolled in each qualified school, along with 125 the number of recipients who qualify for free and reduced price lunch and the number of 126 recipients who receive special education services and the type of special education services 127 received. Such information shall be broken down by school year and the total to date; 128 (3) The total number of scholarship recipients who are eligible for free and reduced 129 price lunch as approved by the department of elementary and secondary education in 130 accordance with federal guidelines, broken down by school year and the total to date; 131 (4) The total number of scholarship recipients who have an individualized education 132 plan (IEP) developed under the federal Individuals with Disabilities Education Act, 20 U.S.C. 133 Section 1400, et seq., as amended, broken down by school year and the total to date; 134 (5) The number of scholarship recipients who have received a grant from each 135 educational assistance organization, broken down by school year and the total to date; 136 (6) The student test scores required to be posted online pursuant to subdivision (3) of 137 subsection 3 of this section; 138 (7) The results of the parent satisfaction survey required annually pursuant to 139 subdivision (15) of subsection 1 of this section; HB 2526 18 140 (8) The average dollar amount of a scholarship grant for all students who participate 141 in the program; 142 (9) The average dollar amount of a scholarship grant for all students who participate 143 in the program and who have an IEP; 144 (10) The average duration of a student's participation in the program; 145 (11) The number of students who are in their first year of participation in the 146 program; 147 (12) A list of the educational assistance organizations that make contributions to the 148 empowerment scholarship accounts of students enrolled in each qualified school; and 149 (13) The total amount of money that has been remitted from qualified students' 150 empowerment scholarship accounts to each qualified school, broken down by school year and 151 the total aggregate amount. 152 5. An educational assistance organization may contract with private financial 153 management firms to manage scholarship accounts with the supervision of the state treasurer, 154 provided that all laws and regulations that apply to employees of such educational assistance 155 organization shall also apply to the actions of any employees of the management firm while 156 they are conducting work relating to the direct decision-making of the operation of such 157 educational assistance organization. 160.410. 1. A charter school shall enroll: 2 (1) All pupils resident in the district in which it operates; 3 (2) Nonresident pupils eligible to attend a district's school under an urban voluntary 4 transfer program; 5 (3) Nonresident pupils who transfer from an unaccredited district under section 6 167.895, provided that the charter school is an approved charter school, as defined in section 7 167.895, and subject to all other provisions of section 167.895; 8 (4) In the case of a charter school whose mission includes student drop-out prevention 9 or recovery, any nonresident pupil from the same or an adjacent county who resides in a 10 residential care facility, a transitional living group home, or an independent living program 11 whose last school of enrollment is in the school district where the charter school is 12 established, who submits a timely application; and 13 (5) In the case of a workplace charter school, any student eligible to attend under 14 subdivision (1) or (2) of this subsection whose parent is employed in the business district, 15 who submits a timely application, unless the number of applications exceeds the capacity of a 16 program, class, grade level or building. The configuration of a business district shall be set 17 forth in the charter and shall not be construed to create an undue advantage for a single 18 employer or small number of employers. HB 2526 19 19 2. If capacity is insufficient to enroll all pupils who submit a timely application, the 20 charter school shall have an admissions process that assures all applicants of an equal chance 21 of gaining admission and does not discriminate based on parents' ability to pay fees or tuition 22 except that: 23 (1) A charter school may establish a geographical area around the school whose 24 residents will receive a preference for enrolling in the school, provided that such preferences 25 do not result in the establishment of racially or socioeconomically isolated schools and 26 provided such preferences conform to policies and guidelines established by the state board of 27 education; 28 (2) A charter school may also give a preference for admission of children whose 29 siblings attend the school or whose parents are employed at the school or in the case of a 30 workplace charter school, a child whose parent is employed in the business district or at the 31 business site of such school; 32 (3) Charter schools may also give a preference for admission to high-risk students, as 33 defined in subdivision (5) of subsection 2 of section 160.405, when the school targets these 34 students through its proposed mission, curriculum, teaching methods, and services; 35 (4) A charter school may also give a preference for admission to students who will be 36 eligible for the free and reduced price lunch program in the upcoming school year. 37 3. A charter school shall not limit admission based on race, ethnicity, national origin, 38 disability, income level, except as allowed under subdivision (4) of subsection 2 of this 39 section, proficiency in the English language or athletic ability, but may limit admission to 40 pupils within a given age group or grade level. Charter schools may limit admission based on 41 [Deleted text start: gender: end deleted text] Added text start: sex : end added text only when the school is a [Deleted text start: single-gender: end deleted text] Added text start: single-sex : end added text school. Students of a 42 charter school who have been enrolled for a full academic year shall be counted in the 43 performance of the charter school on the statewide assessments in that calendar year, unless 44 otherwise exempted as English language learners. For purposes of this subsection, "full 45 academic year" means the last Wednesday in September through the administration of the 46 Missouri assessment program test without transferring out of the school and re-enrolling. 47 4. A charter school shall make available for public inspection, and provide upon 48 request, to the parent, guardian, or other custodian of any school-age pupil resident in the 49 district in which the school is located the following information: 50 (1) The school's charter; 51 (2) The school's most recent annual report card published according to section 52 160.522; 53 (3) The results of background checks on the charter school's board members; and 54 (4) If a charter school is operated by a management company, a copy of the written 55 contract between the governing board of the charter school and the educational management HB 2526 20 56 organization or the charter management organization for services. The charter school may 57 charge reasonable fees, not to exceed the rate specified in section 610.026 for furnishing 58 copies of documents under this subsection. 59 5. When a student attending a charter school who is a resident of the school district in 60 which the charter school is located moves out of the boundaries of such school district, the 61 student may complete the current semester and shall be considered a resident student. The 62 student's parent or legal guardian shall be responsible for the student's transportation to and 63 from the charter school. 64 6. If a change in school district boundary lines occurs under section 162.223, 65 162.431, 162.441, or 162.451, or by action of the state board of education under section 66 162.081, including attachment of a school district's territory to another district or dissolution, 67 such that a student attending a charter school prior to such change no longer resides in a 68 school district in which the charter school is located, then the student may complete the 69 current academic year at the charter school. The student shall be considered a resident 70 student. The student's parent or legal guardian shall be responsible for the student's 71 transportation to and from the charter school. 72 7. The provisions of sections 167.018 and 167.019 concerning foster children's 73 educational rights are applicable to charter schools. 160.975. 1. Each public school and charter school shall post in a clearly visible 2 location in a public area of the school that is readily accessible to students a sign in English 3 and in Spanish that contains the toll-free child abuse and neglect hotline number established 4 by the children's division under section 210.145. Additionally, each school shall post signs 5 containing the same information in all student restrooms in the school, to allow for private 6 access to the information by students of either [Deleted text start: gender: end deleted text] Added text start: sex : end added text. 7 2. The information contained on the signs required under subsection 1 of this section 8 shall be presented on a poster at least 11 inches by 17 inches in size, contain large print, and 9 be placed at eye level to the student for easy viewing. The hotline number shall be displayed 10 in bold print. The signs shall contain instructions to call 911 for emergencies and directions 11 for accessing the children's division website for more information on reporting abuse, neglect, 12 and exploitation. 13 3. The children's division shall create an acronym to help children to remember the 14 toll-free child abuse and neglect hotline number. 15 4. The children's division may promulgate all necessary rules and regulations for the 16 administration of this section. Any rule or portion of a rule, as that term is defined in section 17 536.010, that is created under the authority delegated in this section shall become effective 18 only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, 19 section 536.028. This section and chapter 536 are nonseverable and if any of the powers HB 2526 21 20 vested with the general assembly pursuant to chapter 536 to review, to delay the effective 21 date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant 22 of rulemaking authority and any rule proposed or adopted after August 28, 2015, shall be 23 invalid and void. 161.223. 1. Subject to appropriation from general revenue, the department of 2 elementary and secondary education shall provide grants to assist local public school districts, 3 community-based organizations and nonprofit agencies, including resettlement programs, to 4 provide instruction in the English language to individuals residing in the community or 5 district who have language background other than English and who need assistance in 6 learning English. Preference in grants shall be given to communities and districts 7 demonstrating the most need. 8 2. Services provided through the grants authorized in this section shall be offered at 9 times and locations designed to best assure access to the services and may include the 10 provision of services at the individual's home, refugee resettlement center, community 11 centers, adult basic education offices, schools, and other places where such individuals 12 congregate. 13 3. An entity accepting a grant under this section shall not discriminate in the 14 provision of English language services on the grounds of the individual's race, color, religion, 15 [Deleted text start: gender: end deleted text] Added text start: sex : end added text, age or national origin. Such entity shall not discriminate against a child based 16 upon the nature of the child's school. Any entity accepting a grant under this section may 17 provide English language instruction to individuals of one specific language background. 18 4. As funds are appropriated by the Missouri general assembly, the department of 19 elementary and secondary education shall implement classes and provide instructional 20 material for all age groups to assist individuals who are not proficient in the English language. 170.015. 1. Any course materials and instruction relating to human sexuality and 2 sexually transmitted diseases shall be medically and factually accurate and shall: 3 (1) Present abstinence from sexual activity as the preferred choice of behavior in 4 relation to all sexual activity for unmarried pupils because it is the only method that is one 5 hundred percent effective in preventing pregnancy, sexually transmitted diseases and the 6 emotional trauma associated with adolescent sexual activity, and advise students that teenage 7 sexual activity places them at a higher risk of dropping out of school because of the 8 consequences of sexually transmitted diseases and unplanned pregnancy; 9 (2) Stress that sexually transmitted diseases are serious, possible, health hazards of 10 sexual activity. Pupils shall be provided with the latest medical information regarding 11 exposure to human immunodeficiency virus, acquired immune deficiency syndrome (AIDS), 12 human papilloma virus, hepatitis and other sexually transmitted diseases; HB 2526 22 13 (3) Present students with the latest medically factual information regarding both the 14 possible side effects and health benefits of all forms of contraception, including the success 15 and failure rates for the prevention of pregnancy and sexually transmitted diseases; or shall 16 present students with information on contraceptives and pregnancy in a manner consistent 17 with the provisions of the federal abstinence education law, 42 U.S.C. Section 710; 18 (4) Include a discussion of the possible emotional and psychological consequences of 19 preadolescent and adolescent sexual activity and the consequences of adolescent pregnancy, 20 as well as the advantages of adoption, including the adoption of special needs children, and 21 the processes involved in making an adoption plan; 22 (5) Teach skills of conflict management, personal responsibility and positive self- 23 esteem through discussion and role-playing at appropriate grade levels to emphasize that the 24 pupil has the power to control personal behavior. Pupils shall be encouraged to base their 25 actions on reasoning, self-discipline, sense of responsibility, self-control, and ethical 26 considerations, such as respect for one's self and others. Pupils shall be taught not to 27 make unwanted physical and verbal sexual advances or otherwise exploit another person. 28 Pupils shall be taught to resist unwanted sexual advances and other negative peer pressure; 29 (6) Advise pupils of the laws pertaining to their financial responsibility to children 30 born in and out of wedlock and advise pupils of the provisions of chapter 566 pertaining to 31 statutory rape; 32 (7) Teach pupils about the dangers of sexual predators, including online predators 33 when using electronic communication methods such as the internet, cell phones, text 34 messages, chat rooms, email, and instant messaging programs. Pupils shall be taught how to 35 behave responsibly and remain safe on the internet and the importance of having open 36 communication with responsible adults and reporting any inappropriate situation, activity, or 37 abuse to a responsible adult, and depending on intent and content, to local law enforcement, 38 the Federal Bureau of Investigation, or the National Center for Missing & Exploited 39 Children's CyberTipline; 40 (8) Teach pupils about the consequences, both personal and legal, of inappropriate 41 text messaging, even among friends; and 42 (9) Teach pupils about sexual harassment, sexual violence, and consent: 43 (a) For the purposes of this subdivision, the term "consent" shall mean a freely given 44 agreement to the conduct at issue by a competent person. An expression of lack of consent 45 through words or conduct means there is no consent. Lack of verbal or physical resistance or 46 submission resulting from the use of force, threat of force, or placing another person in fear 47 does not constitute consent. A current or previous dating or social or sexual relationship by 48 itself or the manner of dress of the person involved with the accused in the conduct at issue 49 shall not constitute consent; HB 2526 23 50 (b) For the purposes of this subdivision, the term "sexual harassment" shall mean 51 uninvited and unwelcome verbal or physical behavior of a sexual nature especially by a 52 person in authority toward a subordinate; 53 (c) For the purposes of this subdivision, the term "sexual violence" shall mean 54 causing or attempting to cause another to engage involuntarily in any sexual act by force, 55 threat of force, duress, or without that person's consent. 56 2. Policies concerning referrals and parental notification regarding contraception shall 57 be determined by local school boards or charter schools, consistent with the provisions of 58 section 167.611. 59 3. A school district or charter school which provides human sexuality instruction may 60 separate students according to [Deleted text start: gender: end deleted text] Added text start: sex : end added text for instructional purposes. 61 4. The board of a school district or charter school shall determine the specific content 62 of the district's or school's instruction in human sexuality, in accordance with subsections 1 to 63 3 of this section, and shall ensure that all instruction in human sexuality is appropriate to the 64 age of the students receiving such instruction. 65 5. A school district or charter school shall notify the parent or legal guardian of each 66 student enrolled in the district or school of: 67 (1) The basic content of the district's or school's human sexuality instruction to be 68 provided to the student; and 69 (2) The parent's right to remove the student from any part of the district's or school's 70 human sexuality instruction. 71 6. A school district or charter school shall make all curriculum materials used in the 72 district's or school's human sexuality instruction available for public inspection pursuant to 73 chapter 610 prior to the use of such materials in actual instruction. 74 7. No school district or charter school, or its personnel or agents, shall provide 75 abortion services, or permit a person or entity to offer, sponsor, or furnish in any manner any 76 course materials or instruction relating to human sexuality or sexually transmitted diseases to 77 its students if such person or entity is a provider of abortion services. 78 8. As used in this section, the following terms mean: 79 (1) "Abortion", the same meaning as such term is defined in section 188.015; 80 (2) "Abortion services": 81 (a) Performing, inducing, or assisting in the performance or inducing of an abortion 82 which is not necessary to save the life of the mother; 83 (b) Encouraging a patient to have an abortion or referring a patient for an abortion, 84 which is not necessary to save the life of the mother; or 85 (c) Developing or dispensing drugs, chemicals, or devices intended to be used to 86 induce an abortion which is not necessary to save the life of the mother. HB 2526 24 173.831. 1. As used in this section, the following terms mean: 2 (1) "Academic skill intake assessment", a criterion-referenced assessment of 3 numeracy and literacy skills with high reliability and validity as determined by third-party 4 research; 5 (2) "Accredited", holding an active accreditation from one of the seven United States 6 regional accreditors including, but not limited to, the Middle States Commission on Higher 7 Education, the New England Association of Schools and Colleges, the Higher Learning 8 Commission, the Northwest Commission on Colleges and Universities, the Southern 9 Association of Colleges and Schools, the Western Association of Schools and Colleges, and 10 the Accrediting Commission for Community and Junior Colleges, as well as any successor 11 entities or consolidations of the above including, but not limited to, AdvancEd or Cognia; 12 (3) "Adult dropout recovery services" includes, but is not limited to, sourcing, 13 recruitment, and engagement of eligible students, learning plan development, active teaching, 14 and proactive coaching and mentoring, resulting in an accredited high school diploma and 15 pathway to post secondary education opportunities; 16 (4) "Approved program provider", a public, not-for-profit, or other entity that meets 17 the requirements of subdivision (2) of subsection 3 of this section or any consortium of such 18 entities; 19 (5) "Average cost per graduate", the amount of the total program funding reimbursed 20 to an approved program provider for each cohort during the period of time from the beginning 21 of the same cohort through the subsequent twelve months after the close of the same cohort, 22 divided by the total number of students who graduated from the same cohort within twelve 23 months after the close of the same cohort or enrollment in postsecondary education; 24 (6) "Career pathways coursework", one or more courses that align with the skill needs 25 of industries in the economy of the state or region that help an individual enter or advance 26 within a specific occupation or occupational cluster; 27 (7) "Career placement services", services designed to assist students in obtaining 28 employment, such as career interest self-assessments and job search skills such as resume 29 development and mock interviews; 30 (8) "Coaching", proactive communication between the approved program provider 31 and the student related to the student's pace and progress through the student's learning plan; 32 (9) "Cohort", students who enter the program between July first and June thirtieth of 33 each program year; 34 (10) "Department", the department of elementary and secondary education; 35 (11) "Employability skills certification", a certificate earned by demonstrating 36 professional nontechnical skills through assessment, portfolio, or observation; HB 2526 25 37 (12) "Graduate", a student who has successfully completed all of the state and 38 approved program provider requirements in order to obtain a high school diploma; 39 (13) "Graduation rate", the total number of graduates from a cohort who graduated 40 within twelve months after the close of the cohort divided by the total number of students 41 included in the same cohort; 42 (14) "Graduation requirements", course and credit requirements for the approved 43 program provider's accredited high school diploma; 44 (15) "High school diploma", a diploma issued by an accredited institution; 45 (16) "Industry-recognized credential", an education-related credential or work-related 46 credential that verifies an individual's qualification or competence issued by a third party with 47 the relevant authority to issue such credential; 48 (17) "Learning plan", a documented plan for courses or credits needed for each 49 individual in order to complete program and approved program provider graduation 50 requirements; 51 (18) "Mentoring", a direct relationship between a coach and a student to facilitate the 52 completion of the student's learning plan designed to prepare the student to succeed in the 53 program and the student's future endeavors; 54 (19) "Milestones", objective measures of progress for which payment is made to an 55 approved program provider under this section such as earned units of high school credit, 56 attainment of an employability skills certificate, attainment of an industry-recognized 57 credential, attainment of a technical skills assessment, and attainment of an accredited high 58 school diploma; 59 (20) "Program", the workforce diploma program established in this section; 60 (21) "Request for qualifications", a request for interested potential program providers 61 to submit evidence that they meet the qualifications established in subsection 3 of this section; 62 (22) "Stackable credential", a third-party credential that is part of a sequence of 63 credentials that can be accumulated over time to build up an individual's qualifications to 64 advance along a career pathway; 65 (23) "Student", a participant in the program established in this section who is twenty- 66 one years of age or older, who is a resident of Missouri, and who has not yet earned a high 67 school diploma; 68 (24) "Technical skills assessment", a criterion-referenced assessment of an 69 individual's skills required for an entry-level career, or additional training in a technical 70 field, or other postsecondary opportunities; 71 (25) "Transcript evaluation", a documented summary of credits earned in previous 72 public or private accredited high schools compared with the program and approved program 73 provider graduation requirements; HB 2526 26 74 (26) "Unit of high school credit", credit awarded based on a student's demonstration 75 that the student has successfully met the content expectations for the credit area as defined by 76 subject area standards, expectations, or guidelines. 77 2. There is hereby established the "Workforce Diploma Program" within the 78 department of elementary and secondary education to assist students with obtaining a high 79 school diploma and developing employability and career technical skills. The program may 80 be delivered in campus-based, blended, or online modalities. 81 3. (1) Before September 1, 2022, and annually thereafter, the department shall issue a 82 request for qualifications for interested program providers to become approved program 83 providers and participate in the program. 84 (2) Each approved program provider shall meet all of the following qualifications: 85 (a) Be an accredited high school diploma-granting entity; 86 (b) Have a minimum of two years of experience providing adult dropout recovery 87 services; 88 (c) Provide academic skill intake assessments and transcript evaluations to each 89 student. Such academic skill intake assessments may be administered in person or online; 90 (d) Develop a learning plan for each student that integrates graduation requirements 91 and career goals; 92 (e) Provide a course catalog that includes all courses necessary to meet graduation 93 requirements; 94 (f) Offer remediation opportunities in literacy and numeracy, as applicable; 95 (g) Offer employability skills certification, as applicable; 96 (h) Offer career pathways coursework, as applicable; 97 (i) Ability to provide preparation for industry-recognized credentials or stackable 98 credentials, a technical skills assessment, or a combination thereof; and 99 (j) Offer career placement services, as applicable. 100 (3) Upon confirmation by the department that an interested program provider meets 101 all of the qualifications listed in subdivision (2) of this subsection, an interested program 102 provider shall become an approved program provider. 103 4. (1) The department shall announce the approved program providers before 104 October sixteenth annually, with authorization for the approved program providers to begin 105 enrolling students before November fifteenth annually. 106 (2) Approved program providers shall maintain approval without reapplying annually 107 if the approved program provider has not been removed from the approved program provider 108 list under this section. 109 5. All approved program providers shall comply with requirements as provided by the 110 department to ensure: HB 2526 27 111 (1) An accurate accounting of a student's accumulated credits toward a high school 112 diploma; 113 (2) An accurate accounting of credits necessary to complete a high school diploma; 114 and 115 (3) The provision of coursework aligned to the academic performance standards of 116 the state. 117 6. (1) Except as provided in subdivision (2) of this subsection, the department shall 118 pay an amount as set by the department to approved program providers for the following 119 milestones provided by the approved program provider: 120 (a) Completion of each half unit of high school credit; 121 (b) Attainment of an employability skills certification; 122 (c) Attainment of an industry-recognized credential, technical skills assessment, or 123 stackable credential requiring no more than fifty hours of training; 124 (d) Attainment of an industry-recognized credential or stackable credential requiring 125 at least fifty-one but no more than one hundred hours of training; 126 (e) Attainment of an industry-recognized credential or stackable credential requiring 127 more than one hundred hours of training; and 128 (f) Attainment of an accredited high school diploma. 129 inment of an industry-recognized credential or stackable credential requiring 125 at least fifty-one but no more than one hundred hours of training; 126 (e) Attainment of an industry-recognized credential or stackable credential requiring 127 more than one hundred hours of training; and 128 (f) Attainment of an accredited high school diploma. 129 (2) No approved program provider shall receive funding for a student under this 130 section if the approved program provider receives federal or state funding or private tuition 131 for that student. No approved program provider shall charge student fees of any kind 132 including, but not limited to, textbook fees, tuition fees, lab fees, or participation fees unless 133 the student chooses to obtain additional education offered by the approved program provider 134 that is not included in the state-funded program. 135 (3) Payments made under this subsection shall be subject to an appropriation made to 136 the department for such purposes. 137 7. (1) Approved program providers shall submit monthly invoices to the department 138 before the eleventh calendar day of each month for milestones met in the previous calendar 139 month. 140 (2) The department shall pay approved program providers in the order in which 141 invoices are submitted until all available funds are exhausted. 142 (3) The department shall provide a written update to approved program providers by 143 the last calendar day of each month. The update shall include the aggregate total dollars that 144 have been paid to approved program providers to date and the estimated number of 145 enrollments still available for the program year. 146 8. Before July sixteenth of each year, each provider shall report the following metrics 147 to the department for each individual cohort, on a cohort-by-cohort basis: HB 2526 28 148 (1) The total number of students who have been funded through the program; 149 (2) The total number of credits earned; 150 (3) The total number of employability skills certifications issued; 151 (4) The total number of industry-recognized credentials, stackable credentials, and 152 technical skills assessments earned for each tier of funding; 153 (5) The total number of graduates; 154 (6) The average cost per graduate once the stipulated time to make such a calculation 155 has passed; and 156 (7) The graduation rate once the stipulated time to make such a calculation has 157 passed. 158 9. (1) Before September sixteenth of each year, each approved program provider 159 shall conduct and submit to the department the aggregate results of a survey of each 160 individual cohort, on a cohort-by-cohort basis, who graduated from the program of the 161 approved program provider under this section. The survey shall be conducted in the year 162 after the year in which the individuals graduate and the next four consecutive years. 163 (2) The survey shall include at least the following data collection elements for each 164 year the survey is conducted: 165 (a) The individual's employment status, including whether the individual is employed 166 full time or part time; 167 (b) The individual's hourly wages; 168 (c) The individual's access to employer-sponsored health care; and 169 (d) The individual's postsecondary enrollment status, including whether the 170 individual has completed a postsecondary certificate or degree program. 171 10. (1) Beginning at the end of the second fiscal year of the program, the department 172 shall review data from each approved program provider to ensure that each is achieving 173 minimum program performance standards including, but not limited to: 174 (a) A minimum fifty percent average graduation rate per cohort; and 175 (b) An average cost per graduate per cohort of seven thousand dollars or less. 176 (2) Any approved program provider that fails to meet the minimum program 177 performance standards described in subdivision (1) of this subsection shall be placed on 178 probationary status for the remainder of the fiscal year by the department. 179 (3) Any approved program provider that fails to meet the minimum program 180 performance standards described in subdivision (1) of this subsection for two consecutive 181 years shall be removed from the approved program provider list by the department. 182 11. (1) No approved program provider shall discriminate against a student on the 183 basis of race, color, religion, national origin, ancestry, sex, [Deleted text start: sexuality, gender,: end deleted text] or age. HB 2526 29 184 (2) If an approved program provider determines that a student would be better served 185 by participating in a different program, the approved program provider may refer the student 186 to the state's adult basic education services. 187 12. (1) There is hereby created in the state treasury the "Workforce Diploma Program 188 Fund", which shall consist of any grants, gifts, donations, bequests, or moneys appropriated 189 under this section. The state treasurer shall be custodian of the fund. In accordance with 190 sections 30.170 and 30.180, the state treasurer may approve disbursements. The fund shall be 191 a dedicated fund and, upon appropriation, moneys in the fund shall be used solely as provided 192 in this section. 193 (2) Notwithstanding the provisions of section 33.080 to the contrary, any moneys 194 remaining in the fund at the end of the biennium shall not revert to the credit of the general 195 revenue fund. 196 (3) The state treasurer shall invest moneys in the fund in the same manner as other 197 funds are invested. Any interest and moneys earned on such investments shall be credited to 198 the fund. 199 13. The director of the department may promulgate all necessary rules and regulations 200 for the administration of this section. Any rule or portion of a rule, as that term is defined in 201 section 536.010, that is created under the authority delegated in this section shall become 202 effective only if it complies with and is subject to all of the provisions of chapter 536 and, if 203 applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the 204 powers vested with the general assembly pursuant to chapter 536 to review, to delay the 205 effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then 206 the grant of rulemaking authority and any rule proposed or adopted after August 28, 2022, 207 shall be invalid and void. 208 14. Under section 23.253 of the Missouri sunset act: 209 (1) The provisions of the new program authorized under this section shall 210 automatically sunset six years after August 28, 2022, unless reauthorized by an act of the 211 general assembly; and 212 (2) If such program is reauthorized, the program authorized under this section shall 213 automatically sunset twelve years after the effective date of the reauthorization of this section; 214 and 215 (3) This section shall terminate on September first of the calendar year immediately 216 following the calendar year in which the program authorized under this section is sunset. 217 15. If any provision of this section or its application to any person or circumstance is 218 held invalid, such determination shall not affect the provisions or applications of the 219 remainder of this act which may be given effect without the invalid provision or application, 220 and to that end the provisions of this section are severable. HB 2526 30 186.019. 1. Prior to April first of each year, starting in 1992, the information 2 described in subdivisions (1), (2), (3) and (4) of this subsection shall be delivered in report 3 form to the Missouri women's council, the governor's office, the secretary of the senate, and 4 the chief clerk of the house of representatives. The information shall apply only to activities 5 which occurred during the previous calendar year. Reports shall be required from the 6 following: 7 (1) The department of labor and industrial relations, and the division of workforce 8 development of the department of economic development, who shall assemble all available 9 data and report on all business start-ups and business failures which are fifty-one percent or 10 more owned by women. The reports shall distinguish, as best as possible, those businesses 11 which are sole proprietorships, partnerships, or corporations; 12 (2) The department of economic development, who shall assemble all available data 13 and report on financial assistance or other incentives given to all businesses which are fifty- 14 one percent or more owned by women. The report shall contain information relating to 15 assistance or incentives awarded for the retention of existing businesses, the expansion of 16 existing businesses, or the start-up of new businesses; 17 (3) The department of revenue, who shall assemble all available data and report on 18 the number, gross receipts and net income of all businesses which are fifty-one percent or 19 more owned by women. The reports shall distinguish those businesses which are sole 20 proprietorships, partnerships or corporations; 21 (4) The division of purchasing of the office of administration, who shall assemble all 22 available data and report on businesses which are fifty-one percent or more owned by women 23 which are recipients of contracts awarded by the state of Missouri. 24 2. Prior to December first of each year, starting in 1990, the information described in 25 subdivisions (1) and (2) of this subsection shall be delivered in report form to the Missouri 26 women's council, the governor's office, the secretary of the senate, and the chief clerk of the 27 house of representatives. The information shall apply only to activities which occurred 28 during the previous school year. Reports shall be required from the following: 29 (1) The department of elementary and secondary education shall assemble all 30 available data from the Vocational and Education Data System (VEDS) on class enrollments 31 by Instruction Program Codes (CIP); by secondary and postsecondary schools; and, 32 secondary, postsecondary, and adult level classes; and by [Deleted text start: gender: end deleted text] Added text start: sex : end added text. This data shall also be 33 reported by classes of traditional and nontraditional occupational areas; 34 (2) The coordinating board for higher education shall assemble all available data and 35 report on higher education degrees awarded by academic discipline; type of degree; type of 36 school; and [Deleted text start: gender: end deleted text] Added text start: sex : end added text. All available data shall also be reported on salaries received upon HB 2526 31 37 completion of degree program and subsequent hire, as well as any data available on follow-up 38 salaries. 191.1855. 1. Before January 1, 2025, and before January first every year thereafter, 2 the medical university shall provide a report to the general assembly that includes: 3 (1) A program summary update for that year on the incidence and prevalence of 4 Parkinson's disease in the state by county; 5 (2) The number of records that have been included and reported to the registry; and 6 (3) Demographic information, such as a breakdown of patients by age, [Deleted text start: gender: end deleted text] Added text start: sex : end added text, 7 and race. 8 2. The medical university shall also publish the annual report required under this 9 section in a downloadable format on its website or on the registry's webpage. 211.425. 1. Any person who has been adjudicated a delinquent by a juvenile court for 2 committing or attempting to commit a sex-related offense which if committed by an adult 3 would be considered a felony offense pursuant to chapter 566 including, but not limited to, 4 rape, forcible sodomy, child molestation and sexual abuse, shall be considered a juvenile sex 5 offender and shall be required to register as a juvenile sex offender by complying with the 6 registration requirements provided for in this section, unless such juvenile adjudicated as a 7 delinquent is fourteen years of age or older at the time of the offense and the offense 8 adjudicated would be considered a felony under chapter 566 if committed by an adult, which 9 is equal to or more severe than aggravated sexual abuse under 18 U.S.C. Section 2241, 10 including any attempt or conspiracy to commit such offense, in which case, the juvenile shall 11 be required to register as an adult sexual offender under sections 589.400 to 589.425. This 12 requirement shall also apply to any person who is or has been adjudicated a juvenile 13 delinquent in any other state or federal jurisdiction for committing, attempting to commit, or 14 conspiring to commit offenses which would be proscribed herein. 15 2. Any state agency having supervision over a juvenile required to register as a 16 juvenile sex offender or any court having jurisdiction over a juvenile required to register as a 17 juvenile sex offender, or any person required to register as a juvenile sex offender, shall, 18 within ten days of the juvenile offender moving into any county of this state, register with the 19 juvenile office of the county. If such juvenile offender changes residence or address, the state 20 agency, court or person shall inform the juvenile office within ten days of the new residence 21 or address and shall also be required to register with the juvenile office of any new county of 22 residence. Registration shall be accomplished by completing a registration form similar to the 23 form provided for in section 589.407. Such form shall include, but is not limited to, the 24 following: 25 (1) A statement in writing signed by the juvenile, giving the juvenile's name, address, 26 Social Security number, phone number, school in which enrolled, place of employment, HB 2526 32 27 offense which requires registration, including the date, place, and a brief description of such 28 offense, date and place of adjudication regarding such offense, and age and [Deleted text start: gender: end deleted text] Added text start: sex : end added text of 29 the victim at the time of the offense; and 30 (2) The fingerprints and a photograph of the juvenile. 31 3. Juvenile offices shall maintain the registration forms of those juvenile offenders in 32 their jurisdictions who register as required by this section. Information contained on the 33 registration forms shall be kept confidential and may be released by juvenile offices to only 34 those persons and agencies who are authorized to receive information from juvenile court 35 records as provided by law, including, but not limited to, those specified in section 211.321. 36 State agencies having custody of juveniles who fall within the registration requirements of 37 this section shall notify the appropriate juvenile offices when such juvenile offenders are 38 being transferred to a location falling within the jurisdiction of such juvenile offices. 39 4. Any juvenile who is required to register pursuant to this section but fails to do so or 40 who provides false information on the registration form is subject to disposition pursuant to 41 this chapter. Any person eighteen years of age or over who commits such violation is guilty 42 of a class A misdemeanor as provided for in section 211.431. 43 5. Any juvenile to whom the registration requirement of this section applies shall be 44 informed by the official in charge of the juvenile's custody, upon the juvenile's discharge or 45 release from such custody, of the requirement to register pursuant to this section. Such 46 official shall obtain the address where such juvenile expects to register upon being discharged 47 or released and shall report the juvenile's name and address to the juvenile office where the 48 juvenile shall be required to register. This requirement to register upon discharge or release 49 from custody does not apply in situations where the juvenile is temporarily released under 50 guard or direct supervision from a detention facility or similar custodial facility. 51 6. The requirement to register as a juvenile sex offender shall terminate upon the 52 juvenile offender reaching age twenty-one, unless such juvenile offender is required to 53 register as an adult offender pursuant to section 589.400. 217.361. 1. The department shall adopt streamlined, validated risk and need 2 assessment tools for men and women, and review the tools and scoring cutoffs every five 3 years for predictive validity across [Deleted text start: gender: end deleted text] Added text start: sex : end added text and racial groups. 4 2. This subsection applies to all programs operated with department funding. The 5 department shall develop procedures to promote the use of: 6 (1) Risk and need assessment and appropriate risk and need levels to prioritize access 7 to programs; 8 (2) Consistent criteria for admission into programs; and 9 (3) Recidivism measurement by risk and need level as part of assessing the 10 effectiveness of programs. HB 2526 33 11 3. For offenders under supervision, the department shall: 12 (1) Implement evidence-based cognitive-behavioral programs; 13 (2) Adopt behavior response policy guiding sanction and incentive responses; and 14 (3) Adopt policy for readministration of risk and need assessment tools to guide case 15 management practices and supervision level. 16 4. For department staff in institutional and community settings, the department shall: 17 (1) Require periodic training on how to complete risk and need assessment tools and 18 apply the results in making decisions affecting client interactions and program placements; 19 (2) Provide training on how to maximize client interactions and use of case plans; and 20 (3) Measure staff performance against best practices. 21 5. For community-based mental health treatment programs, the department shall 22 adopt a protocol to collect data on quality assurance. 23 6. The department shall adopt performance metrics to report on supervision 24 outcomes. 221.097. 1. Persons confined in private jails shall be separated and confined 2 according to [Deleted text start: gender: end deleted text] Added text start: sex : end added text. Persons confined under civil process or for civil causes, except 3 those persons confined awaiting a determination on whether probation or parole will be 4 revoked or continued, shall be kept separate from persons confined awaiting trial for criminal 5 charges, awaiting sentencing for criminal charges, awaiting determination on whether 6 probation or parole will be revoked or continued, or serving a sentence on a criminal 7 investigation. 8 2. The administrator shall arrange for necessary health care services for persons 9 confined in the private jail. 10 3. The administrator shall ensure that persons confined in the private jail have 11 adequate clothing, food, and bedding. Deprivation of adequate clothing, food, or bedding 12 shall not be used as a disciplinary action against any confined person. 13 4. No person confined in a private jail shall be used in any manner for the profit, 14 betterment, or personal gain of any employee of the county or of any employee of the private 15 jail. 16 5. Nothing in section 221.095 and this section shall create any new civil cause of 17 action under Missouri law nor shall it be interpreted so as to conflict with the civil rights and 18 constitutional rights of due process accorded to any person in any investigation of a crime or 19 potential crime. 20 6. Any investigation of a report made under subsection 2 or 3 of section 221.095 shall 21 be concluded in a timely manner by law enforcement and a written report of the conclusions 22 shall be provided to the private jail. HB 2526 34 23 7. The state or its political subdivisions shall not contract with any private jail to 24 provide services, unless such private jail provides written documentation of its ability to 25 indemnify the state or political subdivision for any liability which attaches to the state or 26 political subdivision as a result of the contract or services provided under the contract. Such 27 documentation shall demonstrate an ability to indemnify the state or political subdivision in 28 an amount acceptable to the state or political subdivision. 302.171. 1. The director shall verify that an applicant for a driver's license is a 2 Missouri resident or national of the United States or a noncitizen with a lawful immigration 3 status, and a Missouri resident before accepting the application. The director shall not issue a 4 driver's license for a period that exceeds the duration of an applicant's lawful immigration 5 status in the United States. The director may establish procedures to verify the Missouri 6 residency or United States naturalization or lawful immigration status and Missouri residency 7 of the applicant and establish the duration of any driver's license issued under this section. An 8 application for a license shall be made upon an approved form furnished by the director. 9 Every application shall state the full name, Social Security number, age, height, weight, color 10 of eyes, sex, residence, mailing address of the applicant, and the classification for which the 11 applicant has been licensed, and, if so, when and by what state, and whether or not such 12 license has ever been suspended, revoked, or disqualified, and, if revoked, suspended or 13 disqualified, the date and reason for such suspension, revocation or disqualification and 14 whether the applicant is making a one or more dollar donation to promote an organ donation 15 program as prescribed in subsection 2 of this section, to promote a blindness education, 16 screening and treatment program as prescribed in subsection 3 of this section, or the Missouri 17 medal of honor recipients fund prescribed in subsection 4 of this section. A driver's license, 18 nondriver's license, or instruction permit issued under this chapter shall contain the applicant's 19 legal name as it appears on a birth certificate or as legally changed through marriage or court 20 order. No name change by common usage based on common law shall be permitted. The 21 application shall also contain such information as the director may require to enable the 22 director to determine the applicant's qualification for driving a motor vehicle; and shall state 23 whether or not the applicant has been convicted in this or any other state for violating the laws 24 of this or any other state or any ordinance of any municipality, relating to driving without a 25 license, careless driving, or driving while intoxicated, or failing to stop after an accident and 26 disclosing the applicant's identity, or driving a motor vehicle without the owner's consent. 27 The application shall contain a certification by the applicant as to the truth of the facts stated 28 therein. Every person who applies for a license to operate a motor vehicle who is less than 29 twenty-one years of age shall be provided with educational materials relating to the hazards of 30 driving while intoxicated, including information on penalties imposed by law for violation of 31 the intoxication-related offenses of the state. Beginning January 1, 2001, if the applicant is HB 2526 35 32 less than eighteen years of age, the applicant must comply with all requirements for the 33 issuance of an intermediate driver's license pursuant to section 302.178. For persons 34 mobilized and deployed with the United States Armed Forces, an application under this 35 subsection shall be considered satisfactory by the department of revenue if it is signed by a 36 person who holds general power of attorney executed by the person deployed, provided the 37 applicant meets all other requirements set by the director. 38 2. An applicant for a license may make a donation of an amount not less than one 39 dollar to promote an organ donor program. The director of revenue shall collect the donations 40 and deposit all such donations in the state treasury to the credit of the organ donor program 41 fund established in sections 194.297 to 194.304. Moneys in the organ donor program fund 42 shall be used solely for the purposes established in sections 194.297 to 194.304 except that 43 the department of revenue shall retain no more than one percent for its administrative costs. 44 The donation prescribed in this subsection is voluntary and may be refused by the applicant 45 for the license at the time of issuance or renewal of the license. The director shall make 46 available an informational booklet or other informational sources on the importance of organ 47 and tissue donations to applicants for licensure as designed by the organ donation advisory 48 committee established in sections 194.297 to 194.304. The director shall inquire of each 49 applicant at the time the licensee presents the completed application to the director whether 50 the applicant is interested in making the one or more dollar donation prescribed in this 51 subsection and whether the applicant is interested in inclusion in the organ donor registry and 52 shall also specifically inform the licensee of the ability to consent to organ donation by 53 placing a donor symbol sticker authorized and issued by the department of health and senior 54 services on the back of his or her driver's license or identification card as prescribed by 55 subdivision (1) of subsection 1 of section 194.225. A symbol may be placed on the front of 56 the license or identification card indicating the applicant's desire to be listed in the registry at 57 the applicant's request at the time of his or her application for a driver's license or 58 identification card, or the applicant may instead request an organ donor sticker from the 59 department of health and senior services by application on the department of health and senior 60 services' website. Upon receipt of an organ donor sticker sent by the department of health and 61 senior services, the applicant shall place the sticker on the back of his or her driver's license or 62 identification card to indicate that he or she has made an anatomical gift. The director shall 63 notify the department of health and senior services of information obtained from applicants 64 who indicate to the director that they are interested in registry participation, and the 65 department of health and senior services shall enter the complete name, address, date of birth, 66 race, [Deleted text start: gender: end deleted text] Added text start: sex : end added text and a unique personal identifier in the registry established in subsection 1 67 of section 194.304. HB 2526 36 68 3. An applicant for a license may make a donation of one dollar to promote a 69 blindness education, screening and treatment program. The director of revenue shall collect 70 the donations and deposit all such donations in the state treasury to the credit of the blindness 71 education, screening and treatment program fund established in section 209.015. Moneys in 72 the blindness education, screening and treatment program fund shall be used solely for the 73 purposes established in section 209.015; except that the department of revenue shall retain no 74 more than one percent for its administrative costs. The donation prescribed in this subsection 75 is voluntary and may be refused by the applicant for the license at the time of issuance or 76 renewal of the license. The director shall inquire of each applicant at the time the licensee 77 presents the completed application to the director whether the applicant is interested in 78 making the one dollar donation prescribed in this subsection. 79 4. An applicant for registration may make a donation of one dollar to the Missouri 80 medal of honor recipients fund. The director of revenue shall collect the donations and 81 deposit all such donations in the state treasury to the credit of the Missouri medal of honor 82 recipients fund as established in section 226.925. Moneys in the medal of honor recipients 83 fund shall be used solely for the purposes established in section 226.925, except that the 84 department of revenue shall retain no more than one percent for its administrative costs. The 85 donation prescribed in this subsection is voluntary and may be refused by the applicant for 86 registration at the time of issuance or renewal. The director shall inquire of each applicant at 87 the time the applicant presents the completed application to the director whether the applicant 88 is interested in making the one dollar donation prescribed in this subsection. 89 5. Beginning July 1, 2005, the director shall deny the driving privilege of any person 90 who commits fraud or deception during the examination process or who makes application 91 for an instruction permit, driver's license, or nondriver's license which contains or is 92 substantiated with false or fraudulent information or documentation, or who knowingly 93 conceals a material fact or otherwise commits a fraud in any such application. The period of 94 denial shall be one year from the effective date of the denial notice sent by the director. The 95 denial shall become effective ten days after the date the denial notice is mailed to the person. 96 The notice shall be mailed to the person at the last known address shown on the person's 97 driving record. The notice shall be deemed received three days after mailing unless returned 98 by the postal authorities. No such individual shall reapply for a driver's examination, 99 instruction permit, driver's license, or nondriver's license until the period of denial is 100 completed. No individual who is denied the driving privilege under this section shall be 101 eligible for a limited driving privilege issued under section 302.309. 102 6. All appeals of denials under this section shall be made as required by section 103 302.311. HB 2526 37 104 7. The period of limitation for criminal prosecution under this section shall be 105 extended under subdivision (1) of subsection 3 of section 556.036. 106 8. The director may promulgate rules and regulations necessary to administer and 107 enforce this section. No rule or portion of a rule promulgated pursuant to the authority of this 108 section shall become effective unless it has been promulgated pursuant to chapter 536. 109 9. Notwithstanding any provision of this chapter that requires an applicant to provide 110 proof of Missouri residency for renewal of a noncommercial driver's license, noncommercial 111 instruction permit, or nondriver's license, an applicant who is sixty-five years and older and 112 who was previously issued a Missouri noncommercial driver's license, noncommercial 113 instruction permit, or Missouri nondriver's license is exempt from showing proof of Missouri 114 residency. 115 10. Notwithstanding any provision of this chapter, for the renewal of a 116 noncommercial driver's license, noncommercial instruction permit, or nondriver's license, a 117 photocopy of an applicant's United States birth certificate along with another form of 118 identification approved by the department of revenue, including, but not limited to, United 119 States military identification or United States military discharge papers, shall constitute 120 sufficient proof of Missouri citizenship. 121 11. Notwithstanding any other provision of this chapter, if an applicant does not meet 122 the requirements of subsection 9 of this section and does not have the required documents to 123 prove Missouri residency, United States naturalization, or lawful immigration status, the 124 department may issue a one-year driver's license renewal. This one-time renewal shall only 125 be issued to an applicant who previously has held a Missouri noncommercial driver's license, 126 noncommercial instruction permit, or nondriver's license for a period of fifteen years or more 127 and who does not have the required documents to prove Missouri residency, United States 128 naturalization, or lawful immigration status. After the expiration of the one-year period, no 129 further renewal shall be provided without the applicant producing proof of Missouri 130 residency, United States naturalization, or lawful immigration status. 303.425. 1. (1) There is hereby created within the department of revenue the motor 2 vehicle financial responsibility enforcement and compliance incentive program. The 3 department of revenue may enter into contractual agreements with third-party vendors to 4 facilitate the necessary technology and equipment, maintenance thereof, and associated 5 program management services. 6 (2) The department of revenue or a third-party vendor shall utilize technology to 7 compare vehicle registration information with the financial responsibility information 8 accessible through the system. The department of revenue shall utilize this information to 9 identify motorists who are in violation of the motor vehicle financial responsibility law. The 10 department of revenue may offer offenders under this program the option of pretrial diversion HB 2526 38 11 as an alternative to statutory fines or reinstatement fees prescribed under the motor vehicle 12 financial responsibility law as a method of encouraging compliance and discouraging 13 recidivism. 14 (3) The department of revenue or third-party vendors shall not use any data collected 15 from or technology associated with any automated motor vehicle financial responsibility 16 enforcement system. For purposes of this subdivision, "motor vehicle financial responsibility 17 enforcement system" means a device consisting of a camera or cameras and vehicle sensor or 18 sensors installed to record motor vehicle financial responsibility violations. 19 (4) All fees paid to or collected by third-party vendors under sections 303.420 to 20 303.440 may come from violator diversion fees generated by the pretrial diversion option 21 established under this section. 22 2. The department of revenue may authorize law enforcement agencies or third-party 23 vendors to use technology to collect data for the investigation, detection, analysis, and 24 enforcement of the motor vehicle financial responsibility law. 25 3. The department of revenue may authorize traffic enforcement officers or third- 26 party vendors to administer the processing and issuance of notices of violation, the collection 27 of fees for a violation of the motor vehicle financial responsibility law, or the referral of cases 28 for prosecution, under the program. 29 4. Access to the system shall be restricted to qualified agencies and the third-party 30 vendors with which the department of revenue contracts for purposes of the program, 31 provided that any third-party vendor with which a contract is executed to provide necessary 32 technology, equipment, or maintenance for the program shall be authorized as necessary to 33 collaborate for required updates and maintenance of system software. 34 5. For purposes of the program, any data collected and matched to a corresponding 35 vehicle insurance record as verified through the system, and any Missouri vehicle registration 36 database, may be used to identify violations of the motor vehicle financial responsibility law. 37 Such corresponding data shall constitute evidence of the violations. 38 6. Except as otherwise provided in this section, the department of revenue shall 39 suspend, in accordance with section 303.041, the registration of any motor vehicle that is 40 determined under the program to be in violation of the motor vehicle financial responsibility 41 law. 42 7. The department of revenue shall send to an owner whose vehicle is identified under 43 the program as being in violation of the motor vehicle financial responsibility law a notice 44 that the vehicle's registration may be suspended unless the owner, within thirty days, provides 45 proof of financial responsibility for the vehicle or proof, in a form specified by the department 46 of revenue, that the owner has a pending criminal charge for a violation of the motor vehicle 47 financial responsibility law. The notice shall include information on steps an individual may HB 2526 39 48 take to obtain proof of financial responsibility and a web address to a page on the department 49 of revenue's website where information on obtaining proof of financial responsibility shall be 50 provided. If proof of financial responsibility or a pending criminal charge is not provided 51 within the time allotted, the department of revenue shall provide a notice of suspension and 52 suspend the vehicle's registration in accordance with section 303.041, or shall send a notice of 53 vehicle registration suspension, clearly specifying the reason and statutory grounds for the 54 suspension and the effective date of the suspension, the right of the vehicle owner to request a 55 hearing, the procedure for requesting a hearing, and the date by which that request for a 56 hearing must be made, as well as informing the owner that the matter will be referred for 57 prosecution if a satisfactory response is not received in the time allotted, informing the owner 58 that the minimum penalty for the violation is three hundred dollars, and offering the owner 59 participation in a pretrial diversion option to preclude referral for prosecution and registration 60 suspension under sections 303.420 to 303.440. The notice of vehicle registration suspension 61 shall give a period of thirty-three days from mailing for the vehicle owner to respond, and 62 shall be deemed received three days after mailing. If no request for a hearing or agreement to 63 participate in the diversion option is received by the department of revenue prior to the date 64 provided on the notice of vehicle registration suspension, the director shall suspend the 65 vehicle's registration, effective immediately, and refer the case to the appropriate prosecuting 66 attorney. If an agreement by the vehicle owner to participate in the diversion option is 67 received by the department of revenue prior to the effective date provided on the notice of 68 vehicle registration suspension, then upon payment of a diversion participation fee not to 69 exceed two hundred dollars, agreement to secure proof of financial responsibility within the 70 time provided on the notice of suspension, and agreement that such financial responsibility 71 shall be maintained for a minimum of two years, no points shall be assessed to the vehicle 72 owner's driver's license under section 302.302 and the department of revenue shall not take 73 further action against the vehicle owner under sections 303.420 to 303.440, subject to 74 compliance with the terms of the pretrial diversion option. The department of revenue shall 75 suspend the vehicle registration of, and shall refer the case to the appropriate prosecuting 76 attorney for prosecution of, participating vehicle owners who violate the terms of the pretrial 77 diversion option. If a request for hearing is received by the department of revenue prior to the 78 effective date provided on the notice of vehicle registration suspension, then for all purposes 79 other than eligibility for participation in the diversion option, the effective date of the 80 suspension shall be stayed until a final order is issued following the hearing. The department 81 of revenue shall suspend the registration of vehicles determined under the final order to have 82 violated the motor vehicle financial responsibility law, and shall refer the case to the 83 appropriate prosecuting attorney for prosecution. Notices under this subsection shall be 84 mailed to the vehicle owner at the last known address shown on the department of revenue's HB 2526 40 85 records. The department of revenue or its third-party vendor shall issue receipts for the 86 collection of diversion participation fees. Except as otherwise provided in subsection 1 of 87 this section, all such fees shall be deposited into the motor vehicle financial responsibility 88 verification and enforcement fund established in section 303.422. A vehicle owner whose 89 registration has been suspended under sections 303.420 to 303.440 may obtain reinstatement 90 of the registration upon providing proof of financial responsibility and payment to the 91 department of revenue of a nonrefundable reinstatement fee equal to the fee that would be 92 applicable under subsection 2 of section 303.042 if the registration had been suspended under 93 section 303.041. 94 8. Data collected or retained under the program shall not be used by any entity for 95 purposes other than enforcement of the motor vehicle financial responsibility law. Data 96 collected and stored by law enforcement under the program shall be considered evidence if 97 noncompliance with the motor vehicle financial responsibility law is confirmed. The 98 evidence, and an affidavit stating that the evidence and system have identified a particular 99 vehicle as being in violation of the motor vehicle financial responsibility law, shall constitute 100 probable cause for prosecution and shall be forwarded in accordance with subsection 7 of this 101 section to the appropriate prosecuting attorney. 102 9. Owners of vehicles identified under the program as being in violation of the motor 103 vehicle financial responsibility law shall be provided with options for disputing such claims 104 which do not require appearance at any state or local court of law, or administrative facility. 105 Any person who presents timely proof that he or she was in compliance with the motor 106 vehicle financial responsibility law at the time of the alleged violation shall be entitled to 107 dismissal of the charge with no assessment of fees or fines. Proof provided by a vehicle 108 owner to the department of revenue that the vehicle was in compliance at the time of the 109 suspected violation of the motor vehicle financial responsibility law shall be recorded in the 110 system established by the department of revenue under section 303.430. 111 10. The collection of data pursuant to this section shall be done in a manner that 112 prohibits any bias towards a specific community, race, [Deleted text start: gender: end deleted text] Added text start: sex : end added text, or socioeconomic status 113 of vehicle owner. 114 11. Law enforcement agencies, third-party vendors, or other entities authorized to 115 operate under the program shall not sell data collected or retained under the program for any 116 purpose or share it for any purpose not expressly authorized in this section. All data shall be 117 secured and any third-party vendor or other entity authorized to operate under the program 118 may be liable for any data security breach. 119 12. The department of revenue shall not take action under sections 303.420 to 120 303.440 against vehicles registered as fleet vehicles under section 301.032, or against HB 2526 41 121 vehicles known to the department of revenue to be insured under a policy of commercial auto 122 coverage, as such term is defined in subdivision (10) of subsection 2 of section 303.430. 123 13. Following one year after the implementation of the program, and every year 124 thereafter for a period of five years, the department of revenue shall provide a report to the 125 president pro tempore of the senate, the speaker of the house of representatives, the chairs of 126 the house and senate committees with jurisdictions over insurance or transportation matters, 127 and the chairs of the house budget and senate appropriations committees. The report shall 128 include an evaluation of program operations, information as to the costs of the program 129 incurred by the department of revenue, insurers, and the public, information as to the 130 effectiveness of the program in reducing the number of uninsured motor vehicles, and 131 anonymized demographic information including the race and zip code of vehicle owners 132 identified under the program as being in violation of the motor vehicle financial responsibility 133 law, and may include any additional information and recommendations for improvement of 134 the program deemed appropriate by the department of revenue. The department of revenue 135 may, by rule, require the state, counties, and municipalities to provide information in order to 136 complete the report. 137 14. The department of revenue may promulgate rules as necessary for the 138 implementation of this section. Any rule or portion of a rule, as that term is defined in section 139 536.010, that is created under the authority delegated in this section shall become effective 140 only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, 141 section 536.028. This section and chapter 536 are nonseverable and if any of the powers 142 vested with the general assembly pursuant to chapter 536 to review, to delay the effective 143 date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant 144 of rulemaking authority and any rule proposed or adopted after August 28, 2023, shall be 145 invalid and void. 304.670. 1. The highway patrol and any local law enforcement agency may collect, 2 correlate and maintain the following information regarding traffic law enforcement: 3 (1) The number of drivers stopped for routine traffic enforcement and whether or not 4 a citation or warning was issued; 5 (2) Identifying characteristics of the drivers stopped, including race, ethnicity, age 6 and [Deleted text start: gender: end deleted text] Added text start: sex : end added text; 7 (3) The alleged violation that led to the stop; 8 (4) Whether a search was instituted as a result of the stop; 9 (5) Whether the vehicle, personal effects, driver or passengers were searched, and the 10 race, ethnicity, age and [Deleted text start: gender: end deleted text] Added text start: sex : end added text of any person searched; HB 2526 42 11 (6) Whether the search was conducted pursuant to consent, probable cause or 12 reasonable suspicion to suspect a crime, including the basis for the request for consent, or the 13 circumstances establishing probable cause or reasonable suspicion; 14 (7) Whether any contraband was found and the type and amount of any contraband; 15 (8) Whether an arrest was made; 16 (9) Whether any property was seized and a description of such property; 17 (10) Whether the officers making the stop encountered any physical resistance from 18 the driver or passengers; 19 (11) Whether the officers making the stop engaged in the use of force against the 20 driver or any passengers; 21 (12) Whether the circumstances surrounding the stop were the subject of any 22 investigation, and the results of such investigation. 23 2. The information to be collected pursuant to subsection 1 of this section need not be 24 collected in connection with roadblocks, vehicle checks or checkpoints, except when such 25 stops result in a warning, search, seizure or arrest. 26 3. The highway patrol shall conduct analyses of the information collected pursuant to 27 this section to determine whether law enforcement officers are using profiles in law 28 enforcement activities. 324.203. 1. There is hereby created within the division of professional registration, a 2 committee to be known as the "State Committee of Dietitians". The committee shall assist 3 the division in administering and enforcing the provisions of sections 324.200 to 324.225, 4 adopt, publish, and enforce such rules and regulations within the scope and purview of the 5 provisions of sections 324.200 to 324.225 as may be considered to be necessary or proper for 6 the effective administration and interpretation of the provisions of sections 324.200 to 7 324.225, and for the conduct of its business and management of its internal affairs. 8 2. The committee shall approve the examination required by section 324.210. 9 3. The committee shall consist of six members including one public member, 10 appointed by the governor with the advice and consent of the senate. Each member of the 11 committee shall be a citizen of the United States and a resident of this state, and, except as 12 provided in this section and except for the first members appointed, shall be licensed as a 13 dietitian by this state. Beginning with the first appointments made after August 28, 1998, two 14 members shall be appointed for four years, two members shall be appointed for three years 15 and two members shall be appointed for two years. Thereafter, all members shall be 16 appointed to serve four-year terms. No person shall be eligible for reappointment who has 17 served as a member of the committee for a total of eight years. The membership of the 18 committee shall reflect the differences in levels of education and work experience with 19 consideration being given to race, [Deleted text start: gender: end deleted text] Added text start: sex : end added text, and ethnic origins. No more than three HB 2526 43 20 members shall be from the same political party. The membership shall be representative of 21 the various geographic regions of the state. 22 4. A vacancy in the office of a member shall be filled by appointment by the governor 23 for the remainder of the unexpired term. 24 5. Each member of the committee shall receive as compensation an amount set by the 25 division not to exceed fifty dollars, and shall be reimbursed for necessary and actual expenses 26 incurred in the performance of the member's official duties. The director of the division of 27 professional registration shall establish by rule guidelines for payment. All staff for the 28 committee shall be provided by the division. 29 6. The committee shall hold an annual meeting at which it shall elect from its 30 membership a chairperson and secretary. The committee may hold such additional meetings 31 as may be required in the performance of its duties, provided that notice of every meeting 32 shall be given to each member at least three days prior to the date of the meeting. A quorum 33 of the committee shall consist of a majority of its members. 34 7. The governor may remove a committee member for misconduct, incompetency, 35 neglect of the member's official duties, or for cause. 36 8. The public member shall be at the time of the person's appointment a citizen of the 37 United States; a resident of this state for a period of one year and a registered voter; a person 38 who is not and never was a member of any profession licensed or regulated by sections 39 324.200 to 324.225, or the spouse of such a person; and a person who does not have and never 40 has had a material financial interest in either the providing of the professional services 41 regulated by sections 324.200 to 324.225, or an activity or organization directly related to any 42 profession licensed or regulated by sections 324.200 to 324.225. The duties of the public 43 member shall not include the determination of the technical requirements to be met for 44 licensure or whether any person meets such technical requirements or of the technical 45 competence or technical judgment of a licensee or a candidate for licensure. 324.243. 1. There is hereby established in the division of professional registration the 2 "Board of Therapeutic Massage" which shall guide, advise and make recommendations to the 3 division and fulfill other responsibilities designated by sections 324.240 to 324.275. The 4 board shall approve the examination required by section 324.265 and shall assist the division 5 in carrying out the provisions of sections 324.240 to 324.275. 6 2. The board shall consist of seven voting members, including one public member, 7 and one nonvoting member, appointed by the governor with the advice and consent of the 8 senate. Each member of the board shall be a citizen of the United States and a resident of this 9 state and, except for the members first appointed, shall be licensed as a massage therapist by 10 this state. The nonvoting member shall be a member of the massage education community in 11 the state and shall serve a four-year term. Beginning with the appointments made after HB 2526 44 12 August 28, 1998, three voting members shall be appointed for four years, two voting 13 members shall be appointed for three years and two voting members shall be appointed for 14 two years. Thereafter, all voting members shall be appointed to serve four-year terms. No 15 person shall be eligible for reappointment who has served as a member of the board for a total 16 of eight years. The membership of the board shall reflect the differences in work experience 17 and the professional affiliations of therapists with consideration being given to race, [Deleted text start: gender: end deleted text] 18 Added text start: sex, : end added text and ethnic origins. 19 3. A vacancy in the office of a member shall be filled by appointment by the governor 20 for the remainder of the unexpired term. 21 4. The board shall hold an annual meeting at which it shall elect from its membership 22 a chairperson, vice chairperson and secretary. The board may hold such additional meetings 23 as may be required in the performance of its duties, provided that notice of every meeting 24 shall be given to each member at least three days prior to the date of the meeting. A quorum 25 of the board shall consist of a majority of its voting members. 26 5. The governor may remove a board member for misconduct, incompetence or 27 neglect of official duties after giving the board member written notice of the charges and 28 allowing the board member an opportunity to be heard. 29 6. The public member shall be, at the time of appointment, a citizen of the United 30 States; a resident of this state for a period of one year and a registered voter; but may not have 31 been a member of any profession licensed or regulated pursuant to sections 324.240 to 32 324.275 or an immediate family member of such a person; and may not have had a material, 33 financial interest in either the providing of massage therapy as defined in sections 324.240 to 34 324.275 or in an activity or organization directly related to any profession licensed or 35 regulated pursuant to sections 324.240 to 324.275. The duties of the public member shall not 36 include any determination of the technical requirements to be met for licensure, whether a 37 candidate for licensure meets such technical requirements, or of the technical competence or 38 technical judgment of a licensee or a candidate for licensure. 39 7. The professional members shall not be officers in a professional massage 40 organization, nor may they be the owners or managers of any massage educational entity. 41 8. Notwithstanding any other provision of law to the contrary, any appointed member 42 of the board shall receive as compensation an amount established by the director of the 43 division of professional registration not to exceed seventy dollars per day for commission 44 business plus actual and necessary expenses. The director of the division of professional 45 registration shall establish by rule guidelines for payment. All staff for the board shall be 46 provided by the division. 333.151. 1. The state board of embalmers and funeral directors shall consist of six 2 members, including one voting public member appointed by the governor with the advice and HB 2526 45 3 consent of the senate. Each member, other than the public member, appointed shall possess 4 either a license to practice embalming or a license to practice funeral directing in this state or 5 both said licenses and shall have been actively engaged in the practice of embalming or 6 funeral directing for a period of five years next before his or her appointment. Each member 7 shall be a United States citizen, a resident of this state for a period of at least one year, a 8 qualified voter of this state and shall be of good moral character. Not more than three 9 members of the board shall be of the same political party. The nonpublic members shall be 10 appointed by the governor, with the advice and consent of the senate. A majority of the 11 members shall constitute a quorum. Members shall be appointed to represent diversity in 12 [Deleted text start: gender: end deleted text] Added text start: sex : end added text, race, ethnicity, and the various geographic regions of the state. 13 2. Each member of the board shall serve for a term of five years. Any vacancy on the 14 board shall be filled by the governor and the person appointed to fill the vacancy shall possess 15 the qualifications required by this chapter and shall serve until the end of the unexpired term 16 of his or her predecessor, if any. 17 3. The public member shall be at the time of his or her appointment a person who is 18 not and never was a member of any profession licensed or regulated pursuant to this chapter 19 or the spouse of such person; and a person who does not have and never has had a material, 20 financial interest in either the providing of the professional services regulated by this chapter, 21 or an activity or organization directly related to any profession licensed or regulated pursuant 22 to this chapter. All members, including public members, shall be chosen from lists submitted 23 by the director of the division of professional registration. The duties of the public member 24 shall not include the determination of the technical requirements to be met for licensure or 25 whether any person meets such technical requirements or of the technical competence or 26 technical judgment of a licensee or a candidate for licensure. 337.535. 1. There is hereby established the "Committee for Professional Counselors" 2 which shall guide, advise, and make recommendations to the division and fulfill other 3 responsibilities designated by this chapter. The committee shall approve the examination 4 required by section 337.510 and shall assist the division in carrying out the provisions of 5 sections 337.500 to 337.540. 6 2. The committee shall consist of six members, including one public member, 7 appointed by the governor with the advice and consent of the senate. Each member of the 8 committee shall be a citizen of the United States and a resident of this state and, except as 9 provided hereinafter, shall be licensed as a professional counselor by this state. Beginning 10 with the appointments made after August 28, 1992, two members shall be appointed for four 11 years, two members shall be appointed for three years and two members shall be appointed 12 for two years. Thereafter, all members shall be appointed to serve four-year terms. No 13 person shall be eligible for reappointment who has served as a member of the committee for a HB 2526 46 14 total of eight years. The membership of the committee shall reflect the differences in levels 15 of education and work experience with consideration being given to race, [Deleted text start: gender: end deleted text] Added text start: sex, : end added text and 16 ethnic origins. Not more than two counselor educators shall be members of the committee at 17 the same time. The president of the American Counseling Association of Missouri in office 18 at the time shall, at least ninety days prior to the expiration of the term of the committee 19 member, other than the public member, or as soon as feasible after the vacancy on the 20 committee otherwise occurs, submit to the director of the division of professional registration 21 a list of five professional counselors qualified and willing to fill the vacancy in question, with 22 the request and recommendation that the governor appoint one of the five persons so listed, 23 and with the list so submitted, the president of the American Counseling Association of 24 Missouri shall include in his or her letter of transmittal a description of the method by which 25 the names were chosen by that association. 26 3. A vacancy in the office of a member shall be filled by appointment by the governor 27 for the remainder of the unexpired term. 28 4. Each member of the committee shall receive as compensation, an amount set by the 29 committee not to exceed fifty dollars for each day devoted to the affairs of the committee, and 30 shall be reimbursed for necessary and actual expenses incurred in the performance of his or 31 her official duties. All staff for the committee shall be provided by the division. 32 5. The committee shall hold an annual meeting at which it shall elect from its 33 membership a chairperson and secretary. The committee may hold such additional meetings 34 as may be required in the performance of its duties, provided that notice of every meeting 35 must be given to each member at least three days prior to the date of the meeting. A quorum 36 of the committee shall consist of a majority of its members. 37 6. The governor may remove a committee member for misconduct, incompetency or 38 neglect of his or her official duties after giving the committee member written notice of the 39 charges against the committee member and an opportunity to be heard thereon. 40 7. The public member shall be at the time of his or her appointment a citizen of the 41 United States; a resident of this state for a period of one year and a registered voter; a person 42 who is not and never was a member of any profession licensed or regulated pursuant to 43 sections 337.500 to 337.540 or the spouse of such person; and a person who does not have 44 and never has had a material, financial interest in either the providing of the professional 45 services regulated by sections 337.500 to 337.540, or an activity or organization directly 46 related to any profession licensed or regulated pursuant to sections 337.500 to 337.540. The 47 duties of the public member shall not include the determination of the technical requirements 48 to be met for licensure or whether any person meets such technical requirements or of the 49 technical competence or technical judgment of a licensee or a candidate for licensure. HB 2526 47 337.739. 1. There is created and established the "State Committee of Marital and 2 Family Therapists" which shall consist of four family and marital therapists and two voting 3 public members. The committee shall be appointed by the governor with the advice and 4 consent of the senate. Committee members shall serve for a term of five years, except for the 5 members first appointed, one public member and one other member shall be appointed for 6 five years, two members shall be appointed for four years, the other public member and one 7 other member appointed for three years. No person shall be eligible for appointment to the 8 committee who has served as a member of the committee for a total of ten years. Members 9 shall be appointed to represent a diversity in [Deleted text start: gender: end deleted text] Added text start: sex : end added text, race and ethnicity. No more than 10 three members shall be from the same political party. 11 2. Each nonpublic committee member shall be a resident of the state of Missouri for 12 one year, shall be a United States citizen, and shall meet all the requirements for licensing 13 enumerated in sections 337.700 to 337.739, shall be licensed as a licensed marital and family 14 therapist under sections 337.700 to 337.739, except the members of the first committee, who 15 shall be licensed within six months of their appointment, and are actively engaged in the 16 practice of marital and family therapy. If a member of the committee shall, during the 17 member's term as a committee member, remove the member's domicile from the state of 18 Missouri, then the committee shall immediately notify the governor, and the seat of that 19 committee member shall be declared vacant. All such vacancies shall be filled by 20 appointment as in the same manner as the first appointment, and the member so appointed 21 shall serve for the unexpired term of the member whose seat has been declared vacant. The 22 public members shall be at the time of each member's appointment a citizen of the United 23 States; a resident of this state for a period of one year and a registered voter; a person who is 24 not and never was a member of any profession licensed or regulated pursuant to this chapter 25 or the spouse of such person; a person who does not have and never has had a material, 26 financial interest in either the provision of the professional services regulated by this chapter, 27 or an activity or organization directly related to any profession licensed or regulated pursuant 28 to this chapter. 29 3. The committee shall hold a regular annual meeting at which it shall select from 30 among its members a chairman and a secretary. A quorum of the committee shall consist of a 31 majority of its members. In the absence of the chairman, the secretary shall conduct the office 32 of the chairman. 33 4. No member of the committee shall receive any compensation for the performance 34 of the member's official duties but shall be entitled to reimbursement for necessary and actual 35 expenses incurred in the performance of the member's duties. The committee shall share 36 resources and facilities with the office for the committee for professional counselors provided HB 2526 48 37 for in sections 337.500 to 337.540. All staff for the committee shall be provided by the 38 director of the division of professional registration. 39 5. The governor may remove any member of the committee for misconduct, 40 inefficiency, incompetency or neglect of office. 375.024. 1. The provisions of this section shall only apply to life insurance producer 2 examinations. 3 2. The director or, at the director's discretion, a vendor under contract with the 4 department, shall review license producer examinations subject to the provisions of this 5 section if, during any twelve-month period beginning on September first of a year, the 6 examinations exhibit an overall pass rate of less than seventy percent for first-time examinees. 7 3. In conformance with appropriate law relating to privacy, the department shall 8 collect demographic information, including, race, [Deleted text start: gender: end deleted text] Added text start: sex : end added text, and national origin, from an 9 individual taking a license examination subject to the provisions of this section. 10 4. The department shall compile an annual report based on the review required under 11 subsection 2 of this section. The report shall indicate whether there was any disparity in the 12 examination pass rate based on demographic information. 13 5. The director by rule may establish procedures as necessary to: 14 (1) Collect demographic information necessary to implement the provisions of this 15 section; and 16 (2) Ensure that a review required under subsection 2 of this section is conducted and 17 the resulting report is prepared. 18 19 Any rule or portion of a rule, as that term is defined in section 536.010, that is created under 20 the authority delegated in this section shall become effective only if it complies with and is 21 subject to all of the provisions of chapter 536, and, if applicable, section 536.028. This 22 section and chapter 536 are nonseverable and if any of the powers vested with the general 23 assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and 24 annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority 25 and any rule proposed or adopted after August 28, 2010, shall be invalid and void. 26 6. The director shall deliver the report prepared under this section to the governor, the 27 lieutenant governor, the president pro tem of the senate, and the speaker of the house of 28 representatives not later than December first of each year. 29 7. The first twelve-month period for which a license examination review may be 30 required under this section shall begin September 1, 2010. 31 8. The director shall deliver the initial report required under this section, not later than 32 December 1, 2011. HB 2526 49 375.936. Any of the following practices, if committed in violation of section 375.934, 2 are hereby defined as unfair trade practices in the business of insurance: 3 (1) "Boycott, coercion, intimidation", entering into any agreement to commit, or by 4 any concerted action committing any act of boycott, coercion or intimidation resulting in or 5 tending to result in an unreasonable restraint of, or monopoly in, the business of insurance; 6 (2) "Defamation", making, publishing, disseminating, or circulating, directly or 7 indirectly, or aiding, abetting or encouraging the making, publishing, disseminating or 8 circulating of any oral or written statement or any pamphlet, circular, article or literature 9 which is false, or maliciously critical of or derogatory to the financial condition of any 10 insurer, and which is calculated to injure such insurer; 11 (3) "Failure to maintain complaint handling procedures", failure of any person to 12 maintain a complete record of all the complaints which it has received for a period of not less 13 than three years. This record shall indicate the total number of complaints, their classification 14 by line of insurance, the nature of each complaint, the disposition of these complaints, and the 15 time it took to process each complaint. For purposes of this subdivision, "complaint" shall 16 mean any written communication primarily expressing a grievance; 17 (4) "False information and advertising generally", making, publishing, disseminating, 18 circulating or placing before the public, or causing, directly or indirectly, to be made, 19 published, disseminated, circulated, or placed before the public, in a newspaper, magazine or 20 other publication, or in the form of a notice, circular, pamphlet, letter or poster or over any 21 radio or television station, or in any other way, an advertisement, announcement or statement 22 containing any assertion, representation or statement with respect to the business of insurance 23 or with respect to any insurer in the conduct of his insurance business, which is untrue, 24 deceptive or misleading; 25 (5) "False statements and entries:" 26 (a) Knowingly filing with any supervisory or other public official, or knowingly 27 making, publishing, disseminating, circulating or delivering to any person, or placing before 28 the public, or knowingly causing, directly or indirectly, to be made, published, disseminated, 29 circulated, delivered to any person, or placed before the public, any false material statement 30 of fact as to the financial condition or dealings of an insurer; 31 (b) Knowingly making any false entry of a material fact in any book, report or 32 statement of any insurer or knowingly omitting to make a true entry of any material fact 33 pertaining to the business of such insurer in any book, report or statement of such insurer; 34 (6) "Misrepresentations and false advertising of insurance policies", making, issuing, 35 circulating, or causing to be made, issued or circulated, any estimate, illustrations, circular or 36 statement, sales presentation, omission, or comparison which: 37 (a) Misrepresents the benefits, advantages, conditions, or terms of any policy; HB 2526 50 38 (b) Misrepresents the dividends or share of the surplus to be received on any policy; 39 (c) Makes any false or misleading statements as to the dividends or share of surplus 40 previously paid on any policy; 41 (d) Is misleading or is a misrepresentation as to the financial condition of any insurer, 42 or as to the legal reserve system upon which any life insurer operates; 43 (e) Uses any name or title of any policy or class of policies misrepresenting the true 44 nature thereof; 45 (f) Is a misrepresentation for the purpose of inducing or tending to induce the 46 purchase, lapse, forfeiture, exchange, conversion, or surrender of any policy, including any 47 intentional misquote of a premium rate; 48 (g) Is a misrepresentation for the purpose of effecting a pledge or assignment of or 49 effecting a loan against any policy; or 50 (h) Misrepresents any policy as being shares of stock; 51 (7) "Misrepresentation in insurance applications", making false or fraudulent 52 statements or representations on or relative to an application for a policy, for the purpose of 53 obtaining a fee, commission, money, or other benefit from any insurer, agent, agency, broker 54 or other person; 55 (8) "Prohibited group enrollments", no insurer shall offer more than one group 56 contract of insurance through any person unless such person is licensed pursuant to law; 57 however, this prohibition shall not apply to employer-employee relationships, nor to any such 58 enrollments; 59 (9) "Rebates": 60 (a) Except as otherwise expressly provided by law, knowingly permitting or offering 61 to make or making any contract of life insurance, life annuity, accident and health insurance 62 or other insurance, or agreement as to such contract other than as plainly expressed in the 63 insurance contract issued thereon, or paying or allowing, or giving or offering to pay, allow, 64 or give, directly or indirectly, as inducement to such insurance or annuity, any rebate of 65 premiums payable on the contract, or any special favor or advantage in the dividends or other 66 benefits thereon, or any valuable consideration or inducement whatever not specified in the 67 contract; or giving, or selling, or purchasing or offering or to give, sell, or purchase as 68 inducement to such insurance contract or annuity or in connection therewith, any stocks, 69 bonds or other securities of any insurance company or other corporation, association, or 70 partnership, or any dividends or profits accrued thereon, or anything of value whatsoever not 71 specified in the contract; 72 (b) Nothing in subdivision (11) or paragraph (a) of this subdivision shall be construed 73 as including within the definition of discrimination or rebates any of the following practices: HB 2526 51 74 a. In the case of any contract of life insurance or life annuity, paying bonuses to 75 nonparticipating policyholders or otherwise abating their premiums in whole or in part out of 76 surplus accumulated from nonparticipating insurance; provided that any such bonuses or 77 abatement of premiums shall be fair and equitable to policyholders and for the best interest of 78 the company and its policyholders; 79 b. In the case of life insurance policies issued on the industrial debit plan, making 80 allowance to policyholders who have continuously for a specified period made premium 81 payments directly to an office of the insurer in an amount which fairly represents the saving in 82 collection expenses; 83 c. Readjustment of the rate of premium for a group insurance policy based on the loss 84 or expense experience thereunder, at the end of the first or any subsequent policy year of 85 insurance thereunder, which may be made retroactive only for such policy year; 86 (10) "Stock operations and advisory board contracts", issuing or delivering or 87 permitting agents, officers or employees to issue or deliver, agency company stock or other 88 capital stock, or benefit certificates or shares in any common law corporation, or securities or 89 any special or advisory board contracts or other contracts of any kind promising returns and 90 profits as an inducement to insurance; 91 (11) "Unfair discrimination": 92 (a) Making or permitting any unfair discrimination between individuals of the same 93 class and equal expectation of life in the rates charged for any contract of life insurance or of 94 life annuity or in the dividends or other benefits payable thereon, or in any other of the terms 95 and conditions of such contract; 96 (b) Making or permitting any unfair discrimination between individuals of the same 97 class and of essentially the same hazard in the amount of premium, policy fees, or rates 98 charged for any policy or contract of accident or health insurance or in the benefits payable 99 thereunder, or in any of the terms or conditions of such contract, or in any other manner 100 whatever, including any unfair discrimination by not permitting the insured full freedom of 101 choice in the selection of any duly licensed physician, surgeon, optometrist, chiropractor, 102 dentist, psychologist, pharmacist, pharmacy, or podiatrist; except that the terms of this 103 paragraph shall not apply to health maintenance organizations licensed pursuant to chapter 104 354; 105 (c) Making or permitting any unfair discrimination between individuals or risks of the 106 same class and of essentially the same hazards by refusing to issue, refusing to renew, 107 cancelling or limiting the amount of insurance coverage on a property or casualty risk because 108 of the geographic location of the risk; 109 (d) Making or permitting any unfair discrimination between individuals or risks of the 110 same class and of essentially the same hazards by refusing to issue, refusing to renew, HB 2526 52 111 cancelling or limiting the amount of insurance coverage on a residential property risk, or the 112 personal property contained therein, because of the age of the residential property; 113 (e) Refusing to insure, refusing to continue to insure, or limiting the amount of 114 coverage available to an individual because of the [Deleted text start: gender: end deleted text] Added text start: sex : end added text or marital status of the 115 individual; however, nothing in this paragraph shall prohibit an insurer from taking marital 116 status into account for the purpose of defining persons eligible for dependent benefits; 117 (f) Refusing to insure solely because another insurer has refused to issue a policy, or 118 has cancelled or has refused to renew an existing policy for which that person was the named 119 insured, nor shall any insurance company or its agent or representative require any applicant 120 or policyholder to divulge in a written application or otherwise whether any insurer has 121 cancelled or refused to renew or issue to the applicant or policyholder a policy of insurance, 122 provided that an insurer may require the name of the prior carrier in order to verify the 123 applicant's previous claims or medical history; 124 (g) Cancelling or refusing to insure or refusing to continue to insure a policy solely 125 because of race, [Deleted text start: gender: end deleted text] Added text start: sex : end added text, color, creed, national origin, or ancestry of anyone who is or 126 seeks to become insured; 127 (h) Terminating, or modifying coverage or refusing to issue or refusing to renew any 128 property or casualty policy or contract of insurance solely because the applicant or insured or 129 any employee of either is mentally or physically impaired; except that this paragraph shall not 130 apply to accident and health insurance sold by a casualty insurer and, in addition, this 131 paragraph shall not be interpreted to modify any other provision of law relating to the 132 termination, modification, issuance or renewal of any insurance policy or contract; 133 (i) The provisions of paragraphs (c), (d), (e), (f), (g), and (h) of this subdivision shall 134 not apply if: 135 a. The refusal, cancellation, limitation, termination or modification is for a business 136 purpose which is not a mere pretext for unfair discrimination, or 137 b. The refusal, cancellation, limitation, termination or modification is required by law 138 or regulatory mandate; 139 (12) "Unfair financial planning practices", an insurance producer, agent, broker or 140 consultant: 141 (a) Holding himself out, directly or indirectly, to the public as a financial planner, 142 investment adviser, financial consultant, financial counselor, or any other specialist engaged 143 in the business of giving financial planning or advice relating to investments, insurance, real 144 estate, tax matters, or trust and estate matters when such person is in fact engaged only in the 145 sale of policies; provided, however, an insurance producer, agent, broker or consultant who 146 has passed a professional course of study may use the symbol of the professional designation 147 on his or her business card or stationery; HB 2526 53 148 (b) Engaging in the business of financial planning without disclosing to the client 149 prior to the execution of the agreement provided for in paragraph (c) of this subdivision or 150 solicitation of the sale of a product or service that: 151 a. He is also an insurance salesperson; and 152 b. That a commission for the sale of an insurance product will be received in addition 153 to a fee for financial planning, if such is the case. The disclosure requirement under this 154 paragraph may be met by including it in any disclosure required by federal or state securities 155 law; 156 (c) Charging fees, other than commissions, for financial planning by insurance 157 agents, brokers or consultants, unless such fees are based upon a written agreement, which is 158 signed by the party to be charged in advance of the performance of the services under the 159 agreement. A copy of the agreement shall be provided to the party to be charged at the time 160 the agreement is signed by the party and: 161 a. The services for which the fee is to be charged must be specifically stated in the 162 agreement; 163 b. The amount of the fee to be charged or how it will be determined or calculated 164 must be specifically stated in the agreement; 165 c. The agreement must state that the client is under no obligation to purchase any 166 insurance product through the insurance agent, broker or consultant. 167 168 The insurance agent, broker or consultant shall retain a copy of the agreement for not less 169 than three years after completion of services, and a copy shall be available to the director 170 upon request; 171 (13) Any violation of section 375.445. 375.1402. As used in sections 375.1400 to 375.1427, the following terms mean: 2 (1) "Authorized person", an individual known to and authorized by the licensee and 3 determined to be necessary and appropriate to have access to the nonpublic information held 4 by the licensee and its information systems; 5 (2) "Consumer", an individual, including, but not limited to, applicants, 6 policyholders, insureds, beneficiaries, claimants, and certificate holders, who is a resident 7 of this state and whose nonpublic information is in a licensee's possession, custody, or 8 control; 9 (3) "Cybersecurity event", an event resulting in unauthorized access to, malicious 10 disruption of, or misuse of an information system or nonpublic information in the possession, 11 custody, or control of a licensee or an authorized person; however: HB 2526 54 12 (a) The term "cybersecurity event" does not include the unauthorized acquisition of 13 encrypted, nonpublic information if the encryption, process, or key is not also acquired, 14 released, or used without authorization; and 15 (b) The term "cybersecurity event" does not include an event with regard to which the 16 licensee has determined that the nonpublic information accessed by an unauthorized person 17 has not been used or released and has been returned or destroyed; 18 (4) "Department", the department of commerce and insurance; 19 (5) "Director", the director of the department of commerce and insurance; 20 (6) "Encrypted", the transformation of data into a form that results in a low 21 probability of assigning meaning without the use of a protective process or key; 22 (7) "HIPAA", the federal Health Insurance Portability and Accountability Act (42 23 U.S.C. Section 1320d et seq.); 24 (8) "Information security program", the administrative, technical, and physical 25 safeguards that a licensee uses to access, collect, distribute, process, protect, store, use, 26 transmit, dispose of, or otherwise handle nonpublic information; 27 (9) "Information system", a discrete set of electronic information resources organized 28 for the collection, processing, maintenance, use, sharing, dissemination, or disposition of 29 electronic nonpublic information, as well as any specialized system such as industrial and 30 process controls systems, telephone switching and private branch exchange systems, and 31 environmental control systems; 32 (10) "Licensee", any person licensed, authorized to operate, or registered, or required 33 to be licensed, authorized, or registered under the insurance laws of this state, but shall not 34 include a purchasing group or a risk retention group chartered and licensed in a state other 35 than this state or a licensee that is acting as an assuming insurer that is domiciled in another 36 state or jurisdiction; 37 (11) "Multifactor authentication", authentication through verification of at least two 38 of the following types of authentication factors: 39 (a) Knowledge factors, such as a password; 40 (b) Possession factors, such as a token or text message on a mobile phone; or 41 (c) Inherence factors, such as a biometric characteristic; 42 (12) "Nonpublic information", information that is not publicly available information 43 and is: 44 (a) Business-related information of a licensee, the tampering with which, or 45 unauthorized disclosure, access, or use of which, would cause a material adverse impact to 46 the business, operations, or security of the licensee; HB 2526 55 47 (b) Any information concerning a consumer that, because of name, number, personal 48 mark, or other identifier, can be used to identify such consumer, in combination with any one 49 or more of the following data elements: 50 a. Social Security number; 51 b. Driver's license number or nondriver identification card number; 52 c. Financial account number or credit or debit card number; 53 d. Any security code, access code, or password that would permit access to a 54 consumer's financial account; 55 e. Biometric records; or 56 f. Military identification number; 57 (c) Any information or data, except age or [Deleted text start: gender: end deleted text] Added text start: sex : end added text, in any form or medium 58 created by or derived from a health care provider or a consumer and that relates to: 59 a. The past, present, or future physical, mental, or behavioral health or condition of 60 any consumer or a member of the consumer's family; 61 b. The provision of health care to any consumer; or 62 c. Payment for the provision of health care to any consumer; 63 (13) "Person", any individual or any nongovernmental entity including, but not 64 limited to, any nongovernmental partnership, corporation, branch, agency, or association; 65 (14) "Publicly available information", any information that a licensee has a 66 reasonable basis to believe is lawfully made available to the general public from federal, state, 67 or local government records; widely distributed media; or disclosures to the general public 68 that are required to be made by federal, state, or local law. For the purposes of this definition, 69 a licensee has a reasonable basis to believe that information is lawfully made available to the 70 general public if the licensee has taken steps to determine: 71 (a) That the information is of the type that is available to the general public; and 72 (b) Whether a consumer can direct that the information not be made available to the 73 general public and, if so, that such consumer has not done so; 74 (15) "Risk assessment", the risk assessment that each licensee is required to conduct 75 under subsection 3 of section 375.1405; 76 (16) "State", the state of Missouri; 77 (17) "Third-party service provider", a person, not otherwise defined as a licensee, that 78 contracts with a licensee to maintain, process, store, or otherwise is permitted access to 79 nonpublic information through its provision of services to the licensee. 407.300. 1. Every purchaser or collector of, or dealer in, junk, scrap metal, or any 2 secondhand property who obtains items for resale or profit shall keep a register containing a 3 written or electronic record for each purchase or trade in which each type of material subject HB 2526 56 4 to the provisions of this section is obtained for value. There shall be a separate record for 5 each transaction involving any: 6 (1) Copper, brass, or bronze; 7 (2) Aluminum wire, cable, pipe, tubing, bar, ingot, rod, fitting, or fastener; 8 (3) Material containing copper or aluminum that is knowingly used for farming 9 purposes as farming is defined in section 350.010; whatever may be the condition or length of 10 such metal; 11 (4) Detached catalytic converter; or 12 (5) Motor vehicle, heavy equipment, or tractor battery. 13 2. The record required by this section shall contain the following data: 14 (1) A copy of the driver's license or photo identification issued by the state or by the 15 United States government or agency thereof of the person from whom the material is 16 obtained; 17 (2) The current address, [Deleted text start: gender: end deleted text] Added text start: sex : end added text, birth date, and a color photograph of the person 18 from whom the material is obtained if not included or are different from the identification 19 required in subdivision (1) of this subsection; 20 (3) The date, time, and place of the transaction; 21 (4) The license plate number of the vehicle used by the seller during the transaction; 22 and 23 (5) A full description of the material, including the weight and purchase price. 24 3. The records required under this section shall be maintained for a minimum of 25 thirty-six months from when such material is obtained and shall be available for inspection by 26 any law enforcement officer. 27 4. No transaction that includes a detached catalytic converter shall occur at any 28 location other than the fixed place of business of the purchaser or collector of, or dealer in, 29 junk, scrap metal, or any secondhand property. No detached catalytic converter shall be 30 altered, modified, disassembled, or destroyed until it has been in the purchaser's, collector's, 31 or dealer's possession for five business days. 32 5. Anyone licensed under section 301.218 who knowingly purchases a stolen 33 detached catalytic converter shall be subject to the following penalties: 34 (1) For a first violation, a fine in the amount of five thousand dollars; 35 (2) For a second violation, a fine in the amount of ten thousand dollars; and 36 (3) For a third violation, revocation of the license for a business described under 37 section 301.218. 38 6. This section shall not apply to either of the following transactions: 39 (1) Any transaction for which the seller has an existing business relationship with the 40 scrap metal dealer and is known to the scrap metal dealer making the purchase to be an HB 2526 57 41 established business or political subdivision that operates a business with a fixed location that 42 can be reasonably expected to generate regulated scrap metal and can be reasonably identified 43 as such a business, and for which the seller is paid by check or by electronic funds transfer, or 44 the seller produces an acceptable identification, which shall be a copy of the driver's license 45 or photo identification issued by the state or by the United States government or agency 46 thereof, and a copy is retained by the purchaser; or 47 (2) Any transaction for which the type of metal subject to subsection 1 of this section 48 is a minor part of a larger item, except for heating and cooling equipment or equipment used 49 in the generation and transmission of electrical power or telecommunications. 443.863. It is unlawful discrimination to refuse loans or to vary the terms of loans or 2 the application procedures for loans because of: 3 (1) The borrower's race, color, religion, national origin, age, [Deleted text start: gender: end deleted text] Added text start: sex, : end added text or marital 4 status; or 5 (2) The location of the proposed security. 455.543. 1. In any incident investigated by a law enforcement agency involving a 2 homicide or suicide, the law enforcement agency shall make a determination as to whether 3 the homicide or suicide is related to domestic violence. 4 2. In making such determination, the local law enforcement agency may consider a 5 number of factors including, but not limited to, the following: 6 (1) If the relationship between the perpetrator and the victim is or was that of a family 7 or household member; 8 (2) Whether the victim or perpetrator had previously filed for an order of protection; 9 (3) Whether any of the subjects involved in the incident had previously been 10 investigated for incidents of domestic violence; and 11 (4) Any other evidence regarding the homicide or suicide that assists the agency in 12 making its determination. 13 3. After making a determination as to whether the homicide or suicide is related to 14 domestic violence, the law enforcement agency shall forward the information required to the 15 Missouri state highway patrol on a form or format approved by the patrol. The required 16 information shall include the [Deleted text start: gender: end deleted text] Added text start: sex : end added text and age of the victim, the type of incident 17 investigated, the disposition of the incident and the relationship of the victim to the 18 perpetrator. The state highway patrol shall develop a form for this purpose which shall be 19 distributed by the department of public safety to all law enforcement agencies by October 1, 20 2000. 566.200. As used in sections 566.200 to 566.218 and section 578.475, the following 2 terms shall mean: HB 2526 58 3 (1) "Basic rights information", information applicable to a noncitizen, including but 4 not limited to information about human rights, immigration, emergency assistance and 5 resources, and the legal rights and resources for victims of domestic violence; 6 (2) "Blackmail", any threat to reveal damaging or embarrassing information about a 7 person to that person's spouse, family, associates, or the public at large, including a threat to 8 expose any secret tending to subject any person to hatred, contempt, or ridicule; 9 (3) "Client", a person who is a resident of the United States and the state of Missouri 10 and who contracts with an international marriage broker to meet recruits; 11 (4) "Coercion": 12 (a) Threats of serious harm to or physical restraint against any person; 13 (b) Any scheme, plan, or pattern intended to cause a person to believe that failure to 14 perform an act would result in serious harm to or physical restraint against any person; or 15 (c) The abuse or threatened abuse of the legal process; 16 (5) "Commercial sex act", any sex act on account of which anything of value is given 17 to, promised, or received by any person; 18 (6) "Criminal history record information", criminal history record information, 19 including information provided in a criminal background check, obtained from the Missouri 20 state highway patrol and the Federal Bureau of Investigation; 21 (7) "Financial harm", detriment, injury, or loss of a financial nature, including credit 22 extortion, criminal violation of the usury laws under chapter 408, or employment contracts 23 that violate the statute of frauds provisions under chapter 432; 24 (8) "International marriage broker": 25 (a) A corporation, partnership, business, individual, or other legal entity, whether or 26 not organized under any law of the United States or any other state, that charges fees to 27 residents of Missouri for providing dating, matrimonial, or social referrals or matching 28 services between United States citizens or residents and nonresident aliens by providing 29 information or a forum that would permit individuals to contact each other. Such contact 30 shall include, but is not limited to: 31 a. Providing the name, telephone number, postal address, electronic mail address, or 32 voice message mailbox of an individual, or otherwise facilitating communication between 33 individuals; or 34 b. Providing an opportunity for an in-person meeting; 35 (b) Such term shall not include: 36 a. A traditional matchmaking organization of a religious nature that operates on a 37 nonprofit basis and otherwise operates in compliance with the laws of the countries in which 38 it operates, including the laws of the United States; HB 2526 59 39 b. An entity that provides dating services between United States citizens or residents 40 and other individuals who may be aliens, but does not do so as its principal business, and 41 charges comparable rates to all individuals it serves regardless of the [Deleted text start: gender: end deleted text] Added text start: sex : end added text or country 42 of citizenship or residence of the individual; or 43 c. An organization that does not charge a fee to any party for the services provided; 44 (9) "Involuntary servitude or forced labor", a condition of servitude induced by means 45 of: 46 (a) Any scheme, plan, or pattern of behavior intended to cause a person to believe 47 that, if the person does not enter into or continue the servitude, such person or another person 48 will suffer serious physical injury or physical restraint; or 49 (b) The abuse or threatened abuse of the legal process; 50 (10) "Marital history information", a declaration of the person's current marital status, 51 the number of times the person has previously been married, and whether any previous 52 marriages occurred as a result of service from an international marriage broker; 53 (11) "Nudity", the showing of the human male or female genitals, pubic area, vulva, 54 anus, or any part of the nipple or areola of the female breast; 55 (12) "Peonage", illegal and involuntary servitude in satisfaction of debt; 56 (13) "Recruit", a noncitizen, nonresident recruited by an international marriage broker 57 for the purpose of providing dating, matrimonial, or social referral services; 58 (14) "Sexual conduct", sexual intercourse as defined in section 566.010; deviate 59 sexual intercourse as defined in section 566.010; actual or simulated acts of human 60 masturbation; physical contact with a person's clothed or unclothed genitals, pubic area, 61 buttocks, or the breast of a female in an act of apparent sexual stimulation or gratification; or 62 any sadomasochistic abuse or acts including animals or any latent objects in an act of 63 apparent sexual stimulation or gratification; 64 (15) "Sexual performance", any play, motion picture, still picture, film, videotape, 65 video recording, dance, or exhibition which includes sexual conduct or nudity, performed 66 before an audience of one or more, whether in person or online or through other forms of 67 telecommunication; 68 (16) "Victim of trafficking", a person who is a victim of offenses under section 69 566.203, 566.206, 566.209, 566.210, or 566.211. 571.014. 1. A person commits the crime of unlawful refusal to transfer by denying 2 sale of a firearm to a nonlicensee, who is otherwise not prohibited from possessing a firearm 3 under state or federal law, solely on the basis that the nonlicensee purchased a firearm that 4 was later the subject of a trace request by law enforcement. 5 2. Violation of subsection 1 of this section shall be a class A misdemeanor. HB 2526 60 6 3. Notwithstanding any other provision of law to the contrary, no federal firearms 7 dealer licensed under 18 U.S.C. Section 923 who engages in the sale of firearms within this 8 state shall fail or refuse to complete the sale of a firearm to a customer in every case in which 9 the sale is authorized by federal law. 10 4. The provisions of this section shall not apply to any individual federal firearms 11 license holder, his agents, or employees to the extent they chose in their individual judgment 12 to not complete the sale or transfer of a firearm for articulable reasons specific to that 13 transaction, so long as those reasons are not based on the race, [Deleted text start: gender: end deleted text] Added text start: sex : end added text, religion, Added text start: or : end added text creed 14 of the buyer. 571.101. 1. All applicants for concealed carry permits issued pursuant to subsection 2 7 of this section must satisfy the requirements of sections 571.101 to 571.121. If the said 3 applicant can show qualification as provided by sections 571.101 to 571.121, the county or 4 city sheriff shall issue a concealed carry permit authorizing the carrying of a concealed 5 firearm on or about the applicant's person or within a vehicle. A concealed carry permit shall 6 be valid from the date of issuance or renewal until five years from the last day of the month in 7 which the permit was issued or renewed. The concealed carry permit is valid throughout this 8 state. Although the permit is considered valid in the state, a person who fails to renew his or 9 her permit within five years from the date of issuance or renewal shall not be eligible for an 10 exception to a National Instant Criminal Background Check under federal regulations 11 currently codified under 27 CFR 478.102(d), relating to the transfer, sale, or delivery of 12 firearms from licensed dealers. A concealed carry endorsement issued prior to August 28, 13 2013, shall continue from the date of issuance or renewal until three years from the last day of 14 the month in which the endorsement was issued or renewed to authorize the carrying of a 15 concealed firearm on or about the applicant's person or within a vehicle in the same manner as 16 a concealed carry permit issued under subsection 7 of this section on or after August 28, 2013. 17 2. A concealed carry permit issued pursuant to subsection 7 of this section shall be 18 issued by the sheriff or his or her designee of the county or city in which the applicant resides, 19 if the applicant: 20 (1) Is at least nineteen years of age, is a citizen or permanent resident of the United 21 States and either: 22 (a) Has assumed residency in this state; or 23 (b) Is a member of the Armed Forces stationed in Missouri, or the spouse of such 24 member of the military; 25 (2) Is at least nineteen years of age, or is at least eighteen years of age and a member 26 of the United States Armed Forces or honorably discharged from the United States Armed 27 Forces, and is a citizen of the United States and either: 28 (a) Has assumed residency in this state; HB 2526 61 29 (b) Is a member of the Armed Forces stationed in Missouri; or 30 (c) The spouse of such member of the military stationed in Missouri and nineteen 31 years of age; 32 (3) Has not pled guilty to or entered a plea of nolo contendere or been convicted of a 33 crime punishable by imprisonment for a term exceeding one year under the laws of any state 34 or of the United States other than a crime classified as a misdemeanor under the laws of any 35 state and punishable by a term of imprisonment of two years or less that does not involve an 36 explosive weapon, firearm, firearm silencer or gas gun; 37 (4) Has not been convicted of, pled guilty to or entered a plea of nolo contendere to 38 one or more misdemeanor offenses involving crimes of violence within a five-year period 39 immediately preceding application for a concealed carry permit or if the applicant has not 40 been convicted of two or more misdemeanor offenses involving driving while under the 41 influence of intoxicating liquor or drugs or the possession or abuse of a controlled substance 42 within a five-year period immediately preceding application for a concealed carry permit; 43 (5) Is not a fugitive from justice or currently charged in an information or indictment 44 with the commission of a crime punishable by imprisonment for a term exceeding one year 45 under the laws of any state of the United States other than a crime classified as a 46 misdemeanor under the laws of any state and punishable by a term of imprisonment of two 47 years or less that does not involve an explosive weapon, firearm, firearm silencer, or gas gun; 48 (6) Has not been discharged under dishonorable conditions from the United States 49 Armed Forces; 50 (7) Has not engaged in a pattern of behavior, documented in public or closed records, 51 that causes the sheriff to have a reasonable belief that the applicant presents a danger to 52 himself or others; 53 (8) Is not adjudged mentally incompetent at the time of application or for five years 54 prior to application, or has not been committed to a mental health facility, as defined in 55 section 632.005, or a similar institution located in another state following a hearing at which 56 the defendant was represented by counsel or a representative; 57 (9) Submits a completed application for a permit as described in subsection 3 of this 58 section; 59 (10) Submits an affidavit attesting that the applicant complies with the concealed 60 carry safety training requirement pursuant to subsections 1 and 2 of section 571.111; 61 (11) Is not the respondent of a valid full order of protection which is still in effect; 62 (12) Is not otherwise prohibited from possessing a firearm under section 571.070 or 63 18 U.S.C. Section 922(g). 64 3. The application for a concealed carry permit issued by the sheriff of the county of 65 the applicant's residence shall contain only the following information: HB 2526 62 66 (1) The applicant's name, address, telephone number, [Deleted text start: gender: end deleted text] Added text start: sex : end added text, date and place of 67 birth, and, if the applicant is not a United States citizen, the applicant's country of citizenship 68 and any alien or admission number issued by the Federal Bureau of Customs and Immigration 69 Enforcement or any successor agency; 70 (2) An affirmation that the applicant has assumed residency in Missouri or is a 71 member of the Armed Forces stationed in Missouri or the spouse of such a member of the 72 Armed Forces and is a citizen or permanent resident of the United States; 73 (3) An affirmation that the applicant is at least nineteen years of age or is eighteen 74 years of age or older and a member of the United States Armed Forces or honorably 75 discharged from the United States Armed Forces; 76 (4) An affirmation that the applicant has not pled guilty to or been convicted of a 77 crime punishable by imprisonment for a term exceeding one year under the laws of any state 78 or of the United States other than a crime classified as a misdemeanor under the laws of any 79 state and punishable by a term of imprisonment of two years or less that does not involve an 80 explosive weapon, firearm, firearm silencer, or gas gun; 81 (5) An affirmation that the applicant has not been convicted of, pled guilty to, or 82 entered a plea of nolo contendere to one or more misdemeanor offenses involving crimes of 83 violence within a five-year period immediately preceding application for a permit or if the 84 applicant has not been convicted of two or more misdemeanor offenses involving driving 85 while under the influence of intoxicating liquor or drugs or the possession or abuse of a 86 controlled substance within a five-year period immediately preceding application for a 87 permit; 88 (6) An affirmation that the applicant is not a fugitive from justice or currently charged 89 in an information or indictment with the commission of a crime punishable by imprisonment 90 for a term exceeding one year under the laws of any state or of the United States other than a 91 crime classified as a misdemeanor under the laws of any state and punishable by a term of 92 imprisonment of two years or less that does not involve an explosive weapon, firearm, firearm 93 silencer or gas gun; 94 (7) An affirmation that the applicant has not been discharged under dishonorable 95 conditions from the United States Armed Forces; 96 (8) An affirmation that the applicant is not adjudged mentally incompetent at the time 97 of application or for five years prior to application, or has not been committed to a mental 98 health facility, as defined in section 632.005, or a similar institution located in another state, 99 except that a person whose release or discharge from a facility in this state pursuant to chapter 100 632, or a similar discharge from a facility in another state, occurred more than five years ago 101 without subsequent recommitment may apply; HB 2526 63 102 (9) An affirmation that the applicant has received firearms safety training that meets 103 the standards of applicant firearms safety training defined in subsection 1 or 2 of section 104 571.111; 105 (10) An affirmation that the applicant, to the applicant's best knowledge and belief, is 106 not the respondent of a valid full order of protection which is still in effect; 107 (11) A conspicuous warning that false statements made by the applicant will result in 108 prosecution for perjury pursuant to the laws of the state of Missouri; and 109 (12) A government-issued photo identification. This photograph shall not be 110 included on the permit and shall only be used to verify the person's identity for permit 111 renewal, or for the issuance of a new permit due to change of address, or for a lost or 112 destroyed permit. 113 4. An application for a concealed carry permit shall be made to the sheriff of the 114 county or any city not within a county in which the applicant resides. An application shall be 115 filed in writing, signed under oath and under the penalties of perjury, and shall state whether 116 the applicant complies with each of the requirements specified in subsection 2 of this section. 117 In addition to the completed application, the applicant for a concealed carry permit must also 118 submit the following: 119 (1) A photocopy of a firearms safety training certificate of completion or other 120 evidence of completion of a firearms safety training course that meets the standards 121 established in subsection 1 or 2 of section 571.111; and 122 (2) A nonrefundable permit fee as provided by subsection 11 or 12 of this section. 123 5. (1) Before an application for a concealed carry permit is approved, the sheriff shall 124 make only such inquiries as he or she deems necessary into the accuracy of the statements 125 made in the application. The sheriff may require that the applicant display a Missouri driver's 126 license or nondriver's license or military identification and orders showing the person being 127 stationed in Missouri. In order to determine the applicant's suitability for a concealed carry 128 permit, the applicant shall be fingerprinted. No other biometric data shall be collected from 129 the applicant. The sheriff shall conduct an inquiry of the National Instant Criminal 130 Background Check System within three working days after submission of the properly 131 completed application for a concealed carry permit. If no disqualifying record is identified by 132 these checks at the state level, the fingerprints shall be forwarded to the Federal Bureau of 133 Investigation for a national criminal history record check. Upon receipt of the completed 134 report from the National Instant Criminal Background Check System and the response from 135 the Federal Bureau of Investigation national criminal history record check, the sheriff shall 136 examine the results and, if no disqualifying information is identified, shall issue a concealed 137 carry permit within three working days. HB 2526 64 138 (2) In the event the report from the National Instant Criminal Background Check 139 System and the response from the Federal Bureau of Investigation national criminal history 140 record check prescribed by subdivision (1) of this subsection are not completed within forty- 141 five calendar days and no disqualifying information concerning the applicant has otherwise 142 come to the sheriff's attention, the sheriff shall issue a provisional permit, clearly designated 143 on the certificate as such, which the applicant shall sign in the presence of the sheriff or the 144 sheriff's designee. This permit, when carried with a valid Missouri driver's or nondriver's 145 license or a valid military identification, shall permit the applicant to exercise the same rights 146 in accordance with the same conditions as pertain to a concealed carry permit issued under 147 this section, provided that it shall not serve as an alternative to an national instant criminal 148 background check required by 18 U.S.C. Section 922(t). The provisional permit shall remain 149 valid until such time as the sheriff either issues or denies the certificate of qualification under 150 subsection 6 or 7 of this section. The sheriff shall revoke a provisional permit issued under 151 this subsection within twenty-four hours of receipt of any report that identifies a disqualifying 152 record, and shall notify the concealed carry permit system established under subsection 5 of 153 section 650.350. The revocation of a provisional permit issued under this section shall be 154 proscribed in a manner consistent to the denial and review of an application under subsection 155 6 of this section. 156 6. The sheriff may refuse to approve an application for a concealed carry permit if he 157 or she determines that any of the requirements specified in subsection 2 of this section have 158 not been met, or if he or she has a substantial and demonstrable reason to believe that the 159 applicant has rendered a false statement regarding any of the provisions of sections 571.101 160 to 571.121. If the applicant is found to be ineligible, the sheriff is required to deny the 161 application, and notify the applicant in writing, stating the grounds for denial and informing 162 the applicant of the right to submit, within thirty days, any additional documentation relating 163 to the grounds of the denial. Upon receiving any additional documentation, the sheriff shall 164 reconsider his or her decision and inform the applicant within thirty days of the result of the 165 reconsideration. The applicant shall further be informed in writing of the right to appeal the 166 denial pursuant to subsections 2, 3, 4, and 5 of section 571.114. After two additional reviews 167 and denials by the sheriff, the person submitting the application shall appeal the denial 168 pursuant to subsections 2, 3, 4, and 5 of section 571.114. 169 7. If the application is approved, the sheriff shall issue a concealed carry permit to the 170 applicant within a period not to exceed three working days after his or her approval of the 171 application. The applicant shall sign the concealed carry permit in the presence of the sheriff 172 or his or her designee. 173 8. The concealed carry permit shall specify only the following information: HB 2526 65 174 (1) Name, address, date of birth, [Deleted text start: gender: end deleted text] Added text start: sex : end added text, height, weight, color of hair, color of 175 eyes, and signature of the permit holder; 176 (2) The signature of the sheriff issuing the permit; 177 (3) The date of issuance; and 178 (4) The expiration date. 179 180 The permit shall be no larger than two and one-eighth inches wide by three and three-eighths 181 inches long and shall be of a uniform style prescribed by the department of public safety. The 182 permit shall also be assigned a concealed carry permit system county code and shall be stored 183 in sequential number. 184 9. (1) The sheriff shall keep a record of all applications for a concealed carry permit 185 or a provisional permit and his or her action thereon. Any record of an application that is 186 incomplete or denied for any reason shall be kept for a period not to exceed one year. Any 187 record of an application that was approved shall be kept for a period of one year after the 188 expiration and nonrenewal of the permit. 189 (2) The sheriff shall report the issuance of a concealed carry permit or provisional 190 permit to the concealed carry permit system. All information on any such permit that is 191 protected information on any driver's or nondriver's license shall have the same personal 192 protection for purposes of sections 571.101 to 571.121. An applicant's status as a holder of a 193 concealed carry permit, provisional permit, or a concealed carry endorsement issued prior to 194 August 28, 2013, shall not be public information and shall be considered personal protected 195 information. Information retained in the concealed carry permit system under this subsection 196 shall not be distributed to any federal, state, or private entities and shall only be made 197 available for a single entry query of an individual in the event the individual is a subject of 198 interest in an active criminal investigation or is arrested for a crime. A sheriff may access the 199 concealed carry permit system for administrative purposes to issue a permit, verify the 200 accuracy of permit holder information, change the name or address of a permit holder, 201 suspend or revoke a permit, cancel an expired permit, or cancel a permit upon receipt of a 202 certified death certificate for the permit holder. Any person who violates the provisions of 203 this subdivision by disclosing protected information shall be guilty of a class A misdemeanor. 204 10. Information regarding any holder of a concealed carry permit, or a concealed 205 carry endorsement issued prior to August 28, 2013, is a closed record. No bulk download or 206 batch data shall be distributed to any federal, state, or private entity, except to MoSMART or a 207 designee thereof. Any state agency that has retained any documents or records, including 208 fingerprint records provided by an applicant for a concealed carry endorsement prior to 209 August 28, 2013, shall destroy such documents or records, upon successful issuance of a 210 permit. HB 2526 66 211 11. For processing an application for a concealed carry permit pursuant to sections 212 571.101 to 571.121, the sheriff in each county shall charge a nonrefundable fee not to exceed 213 one hundred dollars which shall be paid to the treasury of the county to the credit of the 214 sheriff's revolving fund. This fee shall include the cost to reimburse the Missouri state 215 highway patrol for the costs of fingerprinting and criminal background checks. An additional 216 fee shall be added to each credit card, debit card, or other electronic transaction equal to the 217 charge paid by the state or the applicant for the use of the credit card, debit card, or other 218 electronic payment method by the applicant. 219 12. For processing a renewal for a concealed carry permit pursuant to sections 220 571.101 to 571.121, the sheriff in each county shall charge a nonrefundable fee not to exceed 221 fifty dollars which shall be paid to the treasury of the county to the credit of the sheriff's 222 revolving fund. 223 13. For the purposes of sections 571.101 to 571.121, the term "sheriff" shall include 224 the sheriff of any county or city not within a county or his or her designee and in counties of 225 the first classification the sheriff may designate the chief of police of any city, town, or 226 municipality within such county. 227 14. For the purposes of this chapter, "concealed carry permit" shall include any 228 concealed carry endorsement issued by the department of revenue before January 1, 2014, 229 and any concealed carry document issued by any sheriff or under the authority of any sheriff 230 after December 31, 2013. 571.205. 1. Upon request and payment of the required fee, the sheriff shall issue a 2 concealed carry permit that is valid through the state of Missouri for the lifetime of the permit 3 holder to a Missouri resident who meets the requirements of sections 571.205 to 571.230, 4 known as a Missouri lifetime concealed carry permit. A person may also request, and the 5 sheriff shall issue upon payment of the required fee, a concealed carry permit that is valid 6 through the state of Missouri for a period of either ten years or twenty-five years from the 7 date of issuance or renewal to a Missouri resident who meets the requirements of sections 8 571.205 to 571.230. Such permit shall be known as a Missouri extended concealed carry 9 permit. A person issued a Missouri lifetime or extended concealed carry permit shall be 10 required to comply with the provisions of sections 571.205 to 571.230. If the applicant can 11 show qualification as provided by sections 571.205 to 571.230, the sheriff shall issue a 12 Missouri lifetime or extended concealed carry permit authorizing the carrying of a concealed 13 firearm on or about the applicant's person or within a vehicle. 14 2. A Missouri lifetime or extended concealed carry permit shall be suspended if the 15 permit holder becomes a resident of another state. The permit may be reactivated upon 16 reestablishment of Missouri residency if the applicant meets the requirements of sections HB 2526 67 17 571.205 to 571.230, and upon successful completion of a name-based inquiry of the National 18 Instant Background Check System. 19 3. A Missouri lifetime or extended concealed carry permit shall be issued by the 20 sheriff or his or her designee of the county or city in which the applicant resides, if the 21 applicant: 22 (1) Is at least nineteen years of age, is a citizen or permanent resident of the United 23 States and has assumed residency in this state, or is at least eighteen years of age and a 24 member of the United States Armed Forces or honorably discharged from the United States 25 Armed Forces, and is a citizen of the United States and has assumed residency in this state; 26 (2) Has not pled guilty to or entered a plea of nolo contendere or been convicted of a 27 crime punishable by imprisonment for a term exceeding one year under the laws of any state 28 or of the United States, other than a crime classified as a misdemeanor under the laws of any 29 state and punishable by a term of imprisonment of two years or less that does not involve an 30 explosive weapon, firearm, firearm silencer, or gas gun; 31 (3) Has not been convicted of, pled guilty to or entered a plea of nolo contendere to 32 one or more misdemeanor offenses involving crimes of violence within a five-year period 33 immediately preceding application for a Missouri lifetime or extended concealed carry permit 34 or if the applicant has not been convicted of two or more misdemeanor offenses involving 35 driving while under the influence of intoxicating liquor or drugs or the possession or abuse of 36 a controlled substance within a five-year period immediately preceding application for a 37 Missouri lifetime or extended concealed carry permit; 38 (4) Is not a fugitive from justice or currently charged in an information or indictment 39 with the commission of a crime punishable by imprisonment for a term exceeding one year 40 under the laws of any state of the United States, other than a crime classified as a 41 misdemeanor under the laws of any state and punishable by a term of imprisonment of two 42 years or less that does not involve an explosive weapon, firearm, firearm silencer, or gas gun; 43 (5) Has not been discharged under dishonorable conditions from the United States 44 Armed Forces; 45 (6) Has not engaged in a pattern of behavior, documented in public or closed records, 46 that causes the sheriff to have a reasonable belief that the applicant presents a danger to 47 himself or herself or others; 48 (7) Is not adjudged mentally incompetent at the time of application or for five years 49 prior to application, or has not been committed to a mental health facility, as defined in 50 section 632.005, or a similar institution located in another state following a hearing at which 51 the defendant was represented by counsel or a representative; 52 (8) Submits a completed application for a permit as described in subsection 4 of this 53 section; HB 2526 68 54 (9) Submits an affidavit attesting that the applicant complies with the concealed carry 55 safety training requirement under subsections 1 and 2 of section 571.111; 56 (10) Is not the respondent of a valid full order of protection which is still in effect; 57 (11) Is not otherwise prohibited from possessing a firearm under section 571.070 or 58 18 U.S.C. Section 922(g). 59 4. The application for a Missouri lifetime or extended concealed carry permit issued 60 by the sheriff of the county of the applicant's residence shall contain only the following 61 information: 62 (1) The applicant's name, address, telephone number, [Deleted text start: gender: end deleted text] Added text start: sex : end added text, date and place of 63 birth, and, if the applicant is not a United States citizen, the applicant's country of citizenship 64 and any alien or admission number issued by the United States Immigration and Customs 65 Enforcement or any successor agency; 66 (2) An affirmation that the applicant has assumed residency in Missouri and is a 67 citizen or permanent resident of the United States; 68 (3) An affirmation that the applicant is at least nineteen years of age or is eighteen 69 years of age or older and a member of the United States Armed Forces or honorably 70 discharged from the United States Armed Forces; 71 (4) An affirmation that the applicant has not pled guilty to or been convicted of a 72 crime punishable by imprisonment for a term exceeding one year under the laws of any state 73 or of the United States other than a crime classified as a misdemeanor under the laws of any 74 state and punishable by a term of imprisonment of two years or less that does not involve an 75 explosive weapon, firearm, firearm silencer, or gas gun; 76 (5) An affirmation that the applicant has not been convicted of, pled guilty to, or 77 entered a plea of nolo contendere to one or more misdemeanor offenses involving crimes of 78 violence within a five-year period immediately preceding application for a permit or that the 79 applicant has not been convicted of two or more misdemeanor offenses involving driving 80 while under the influence of intoxicating liquor or drugs or the possession or abuse of a 81 controlled substance within a five-year period immediately preceding application for a 82 permit; 83 (6) An affirmation that the applicant is not a fugitive from justice or currently charged 84 in an information or indictment with the commission of a crime punishable by imprisonment 85 for a term exceeding one year under the laws of any state or of the United States other than a 86 crime classified as a misdemeanor under the laws of any state and punishable by a term of 87 imprisonment of two years or less that does not involve an explosive weapon, firearm, firearm 88 silencer, or gas gun; 89 (7) An affirmation that the applicant has not been discharged under dishonorable 90 conditions from the United States Armed Forces; HB 2526 69 91 (8) An affirmation that the applicant is not adjudged mentally incompetent at the time 92 of application or for five years prior to application, or has not been committed to a mental 93 health facility, as defined in section 632.005, or a similar institution located in another state, 94 except that a person whose release or discharge from a facility in this state under chapter 632, 95 or a similar discharge from a facility in another state, occurred more than five years ago 96 without subsequent recommitment may apply; 97 (9) An affirmation that the applicant has received firearms safety training that meets 98 the standards of applicant firearms safety training defined in subsection 1 or 2 of section 99 571.111; 100 (10) An affirmation that the applicant, to the applicant's best knowledge and belief, is 101 not the respondent of a valid full order of protection which is still in effect; 102 (11) A conspicuous warning that false statements made by the applicant will result in 103 prosecution for perjury under the laws of the state of Missouri; and 104 (12) A government-issued photo identification. This photograph shall not be 105 included on the permit and shall only be used to verify the person's identity for the issuance of 106 a new permit, issuance of a new permit due to change of name or address, renewal of an 107 extended permit, or for a lost or destroyed permit, or reactivation under subsection 2 of this 108 section. 109 5. An application for a Missouri lifetime or extended concealed carry permit shall be 110 made to the sheriff of the county in which the applicant resides. An application shall be filed 111 in writing, signed under oath and under the penalties of perjury, and shall state whether the 112 applicant complies with each of the requirements specified in subsection 3 of this section. In 113 addition to the completed application, the applicant for a Missouri lifetime or extended 114 concealed carry permit shall also submit the following: 115 (1) A photocopy of a firearms safety training certificate of completion or other 116 evidence of completion of a firearms safety training course that meets the standards 117 established in subsection 1 or 2 of section 571.111; and 118 (2) A nonrefundable permit fee as provided by subsection 12 of this section. 119 6. (1) Before an application for a Missouri lifetime or extended concealed carry 120 permit is approved, the sheriff shall make only such inquiries as he or she deems necessary 121 into the accuracy of the statements made in the application. The sheriff may require that the 122 applicant display a Missouri driver's license or nondriver's license or military identification. 123 No biometric data shall be collected from the applicant. The sheriff shall conduct an inquiry 124 of the National Instant Criminal Background Check System within three working days after 125 submission of the properly completed application for a Missouri lifetime or extended 126 concealed carry permit. Upon receipt of the completed report from the National Instant 127 Criminal Background Check System, the sheriff shall examine the results and, if no HB 2526 70 128 disqualifying information is identified, shall issue a Missouri lifetime or extended concealed 129 carry permit within three working days. 130 (2) In the event the report from the National Instant Criminal Background Check 131 System and the response from the Federal Bureau of Investigation national criminal history 132 record check prescribed by subdivision (1) of this subsection are not completed within forty- 133 five calendar days and no disqualifying information concerning the applicant has otherwise 134 come to the sheriff's attention, the sheriff shall issue a provisional permit, clearly designated 135 on the certificate as such, which the applicant shall sign in the presence of the sheriff or the 136 sheriff's designee. This permit, when carried with a valid Missouri driver's or nondriver's 137 license, shall permit the applicant to exercise the same rights in accordance with the same 138 conditions as pertain to a Missouri lifetime or extended concealed carry permit issued under 139 this section, provided that it shall not serve as an alternative to a national instant criminal 140 background check required by 18 U.S.C. Section 922(t). The provisional permit shall remain 141 valid until such time as the sheriff either issues or denies the permit under subsection 7 or 8 of 142 this section. The sheriff shall revoke a provisional permit issued under this subsection within 143 twenty-four hours of receipt of any report that identifies a disqualifying record, and shall 144 notify the concealed carry permit system established under subsection 5 of section 650.350. 145 The revocation of a provisional permit issued under this section shall be prescribed in a 146 manner consistent to the denial and review of an application under subsection 7 of this 147 section. 148 7. The sheriff may refuse to approve an application for a Missouri lifetime or 149 extended concealed carry permit if he or she determines that any of the requirements specified 150 in subsection 3 of this section have not been met, or if he or she has a substantial and 151 demonstrable reason to believe that the applicant has rendered a false statement regarding any 152 of the provisions of sections 571.205 to 571.230. If the applicant is found to be ineligible, the 153 sheriff is required to deny the application, and notify the applicant in writing, stating the 154 grounds for denial and informing the applicant of the right to submit, within thirty days, any 155 additional documentation relating to the grounds of the denial. Upon receiving any additional 156 documentation, the sheriff shall reconsider his or her decision and inform the applicant within 157 thirty days of the result of the reconsideration. The applicant shall further be informed in 158 writing of the right to appeal the denial under section 571.220. After two additional reviews 159 and denials by the sheriff, the person submitting the application shall appeal the denial under 160 section 571.220. 161 8. If the application is approved, the sheriff shall issue a Missouri lifetime or extended 162 concealed carry permit to the applicant within a period not to exceed three working days after 163 his or her approval of the application. The applicant shall sign the Missouri lifetime or 164 extended concealed carry permit in the presence of the sheriff or his or her designee. HB 2526 71 165 9. The Missouri lifetime or extended concealed carry permit shall specify only the 166 following information: 167 (1) Name, address, date of birth, [Deleted text start: gender: end deleted text] Added text start: sex : end added text, height, weight, color of hair, color of 168 eyes, and signature of the permit holder; 169 (2) The signature of the sheriff issuing the permit; 170 (3) The date of issuance; 171 (4) A clear statement indicating that the permit is only valid within the state of 172 Missouri; and 173 (5) If the permit is a Missouri extended concealed carry permit, the expiration date. 174 175 The permit shall be no larger than two and one-eighth inches wide by three and three-eighths 176 inches long and shall be of a uniform style prescribed by the department of public safety. The 177 permit shall also be assigned a concealed carry permit system county code and shall be stored 178 in sequential number. 179 10. (1) The sheriff shall keep a record of all applications for a Missouri lifetime or 180 extended concealed carry permit or a provisional permit and his or her action thereon. Any 181 record of an application that is incomplete or denied for any reason shall be kept for a period 182 not to exceed one year. 183 (2) The sheriff shall report the issuance of a Missouri lifetime or extended concealed 184 carry permit or provisional permit to the concealed carry permit system. All information on 185 any such permit that is protected information on any driver's or nondriver's license shall have 186 the same personal protection for purposes of sections 571.205 to 571.230. An applicant's 187 status as a holder of a Missouri lifetime or extended concealed carry permit or provisional 188 permit shall not be public information and shall be considered personal protected information. 189 Information retained in the concealed carry permit system under this subsection shall not be 190 distributed to any federal, state, or private entities and shall only be made available for a 191 single entry query of an individual in the event the individual is a subject of interest in an 192 active criminal investigation or is arrested for a crime. A sheriff may access the concealed 193 carry permit system for administrative purposes to issue a permit, verify the accuracy of 194 permit holder information, change the name or address of a permit holder, suspend or revoke 195 a permit, cancel an expired permit, or cancel a permit upon receipt of a certified death 196 certificate for the permit holder. Any person who violates the provisions of this subdivision 197 by disclosing protected information shall be guilty of a class A misdemeanor. 198 11. Information regarding any holder of a Missouri lifetime or extended concealed 199 carry permit is a closed record. No bulk download or batch data shall be distributed to any 200 federal, state, or private entity, except to MoSMART or a designee thereof. HB 2526 72 201 12. For processing an application, the sheriff in each county shall charge a 202 nonrefundable fee not to exceed: 203 (1) Two hundred dollars for a new Missouri extended concealed carry permit that is 204 valid for ten years from the date of issuance or renewal; 205 (2) Two hundred fifty dollars for a new Missouri extended concealed carry permit 206 that is valid for twenty-five years from the date of issuance or renewal; 207 (3) Fifty dollars for a renewal of a Missouri extended concealed carry permit; 208 (4) Five hundred dollars for a Missouri lifetime concealed carry permit, 209 210 which shall be paid to the treasury of the county to the credit of the sheriff's revolving fund. 589.407. 1. Any registration pursuant to sections 589.400 to 589.425 shall consist of 2 completion of an offender registration form developed by the Missouri state highway patrol 3 or other format approved by the Missouri state highway patrol. Such form shall consist of a 4 statement, including the signature of the offender, and shall include, but is not limited to, the 5 following: 6 (1) A statement in writing signed by the person, giving the name, address, date of 7 birth, Social Security number, and phone number of the person, the license plate number and 8 vehicle description, including the year, make, model, and color of each vehicle owned or 9 operated by the offender, any online identifiers, as defined in section 43.651, used by the 10 person, the place of employment of such person, enrollment within any institutions of higher 11 education, the crime which requires registration, whether the person was sentenced as a 12 persistent or predatory offender pursuant to section 566.125, the date, place, and a brief 13 description of such crime, the date and place of the conviction or plea regarding such crime, 14 the age and [Deleted text start: gender: end deleted text] Added text start: sex : end added text of the victim at the time of the offense and whether the person 15 successfully completed the Missouri sexual offender program pursuant to section 589.040, if 16 applicable; 17 (2) The fingerprints and palm prints of the person; 18 (3) Unless the offender's appearance has not changed significantly, a photograph of 19 such offender as follows: 20 (a) Quarterly if a tier III sex offender under section 589.414. Such photograph shall 21 be taken every ninety days beginning in the month of the person's birth; 22 (b) Semiannually if a tier II sex offender. Such photograph shall be taken in the 23 month of the person's birth and six months thereafter; and 24 (c) Yearly if a tier I sex offender. Such photograph shall be taken in the month of the 25 person's birth; and 26 (4) A DNA sample from the individual, if a sample has not already been obtained. HB 2526 73 27 2. The offender shall provide positive identification and documentation to 28 substantiate the accuracy of the information completed on the offender registration form, 29 including but not limited to the following: 30 (1) A photocopy of a valid driver's license or nondriver's identification card; 31 (2) A document verifying proof of the offender's residency; and 32 (3) A photocopy of the vehicle registration for each of the offender's vehicles. 33 3. The Missouri state highway patrol shall maintain all required registration 34 information in digitized form. 35 4. Upon receipt of any changes to an offender's registration information contained in 36 this section, the Missouri state highway patrol shall immediately notify all other jurisdictions 37 in which the offender is either registered or required to register. 38 5. The offender shall be responsible for reviewing his or her existing registration 39 information for accuracy at every regular in-person appearance and, if any inaccuracies are 40 found, provide proof of the information in question. 41 6. The signed offender registration form shall serve as proof that the individual 42 understands his or her duty to register as a sexual offender under sections 589.400 to 589.425 43 and a statement to this effect shall be included on the form that the individual is required to 44 sign at each registration. 590.040. 1. The POST commission shall set the minimum number of hours of basic 2 training for licensure as a peace officer no lower than six hundred, with the following 3 exceptions: 4 (1) Up to one thousand hours may be mandated for any class of license required for 5 commission by a state law enforcement agency; 6 (2) As few as one hundred twenty hours may be mandated for any class of license 7 restricted to commission as a reserve peace officer with police powers limited to the 8 commissioning political subdivision; 9 (3) Persons validly licensed on August 28, 2001, may retain licensure without 10 additional basic training; 11 (4) Persons licensed and commissioned within a county of the third classification 12 before July 1, 2002, may retain licensure with one hundred twenty hours of basic training if 13 the commissioning political subdivision has adopted an order or ordinance to that effect; 14 (5) Persons serving as a reserve officer on August 27, 2001, within a county of the 15 first classification or a county with a charter form of government and with more than one 16 million inhabitants on August 27, 2001, having previously completed a minimum of one 17 hundred sixty hours of training, shall be granted a license necessary to function as a reserve 18 peace officer only within such county. For the purposes of this subdivision, the term "reserve 19 officer" shall mean any person who serves in a less than full-time law enforcement capacity, HB 2526 74 20 with or without pay and who, without certification, has no power of arrest and who, without 21 certification, must be under the direct and immediate accompaniment of a certified peace 22 officer of the same agency at all times while on duty; and 23 (6) The POST commission shall provide for the recognition of basic training received 24 at law enforcement training centers of other states, the military, the federal government and 25 territories of the United States regardless of the number of hours included in such training and 26 shall have authority to require supplemental training as a condition of eligibility for licensure. 27 2. The director shall have the authority to limit any exception provided in subsection 28 1 of this section to persons remaining in the same commission or transferring to a commission 29 in a similar jurisdiction. 30 3. The basic training of every peace officer, except agents of the conservation 31 commission, shall include at least thirty hours of training in the investigation and 32 management of cases involving domestic and family violence. Such training shall include 33 instruction, specific to domestic and family violence cases, regarding: report writing; 34 physical abuse, sexual abuse, child fatalities and child neglect; interviewing children and 35 alleged perpetrators; the nature, extent and causes of domestic and family violence; the safety 36 of victims, other family and household members and investigating officers; legal rights and 37 remedies available to victims, including rights to compensation and the enforcement of civil 38 and criminal remedies; services available to victims and their children; the effects of cultural, 39 racial and [Deleted text start: gender: end deleted text] Added text start: sex : end added text bias in law enforcement; and state statutes. Said curriculum shall be 40 developed and presented in consultation with the department of health and senior services, the 41 children's division, public and private providers of programs for victims of domestic and 42 family violence, persons who have demonstrated expertise in training and education 43 concerning domestic and family violence, and the Missouri coalition against domestic 44 violence. 45 4. The basic training of every peace officer first licensed on or after August 28, 2027, 46 shall include at least six hours of training concerning the prohibition against racial profiling 47 and such training shall promote understanding and respect for racial and cultural differences 48 and the use of effective, noncombative methods for carrying out law enforcement duties in a 49 racially and culturally diverse environment. Such training shall include two hours of racial 50 profiling training, two hours of implicit bias training, and two hours of de-escalation training. 590.650. 1. As used in this section "minority group" means individuals of African, 2 Hispanic, Native American or Asian descent. 3 2. Each time a peace officer stops a driver of a motor vehicle, that officer shall report 4 the following information to the law enforcement agency that employs the officer: 5 (1) The age, [Deleted text start: gender: end deleted text] Added text start: sex, : end added text and race or minority group of the individual stopped; 6 (2) The reasons for the stop; HB 2526 75 7 (3) Whether a search was conducted as a result of the stop; 8 (4) If a search was conducted, whether the individual consented to the search, the 9 probable cause for the search, whether the person was searched, whether the person's property 10 was searched, and the duration of the search; 11 (5) Whether any contraband was discovered in the course of the search and the type 12 of any contraband discovered; 13 (6) Whether any warning or citation was issued as a result of the stop; 14 (7) If a warning or citation was issued, the violation charged or warning provided; 15 (8) Whether an arrest was made as a result of either the stop or the search; 16 (9) If an arrest was made, the crime charged; and 17 (10) The location of the stop. 18 19 Such information may be reported using a format determined by the department of public 20 safety which uses existing citation and report forms. 21 3. (1) Each law enforcement agency shall compile the data described in subsection 2 22 of this section for the calendar year into a report to the attorney general. 23 (2) Each law enforcement agency shall submit the report to the attorney general no 24 later than March first of the following calendar year. 25 (3) The attorney general shall determine the format that all law enforcement agencies 26 shall use to submit the report. 27 4. (1) The attorney general shall analyze the annual reports of law enforcement 28 agencies required by this section and submit a report of the findings to the governor, the 29 general assembly and each law enforcement agency no later than June first of each year. 30 (2) The report of the attorney general shall include at least the following information 31 for each agency: 32 (a) The total number of vehicles stopped by peace officers during the previous 33 calendar year; 34 (b) The number and percentage of stopped motor vehicles that were driven by 35 members of each particular minority group; 36 (c) A comparison of the percentage of stopped motor vehicles driven by each 37 minority group and the percentage of the state's population that each minority group 38 comprises; and 39 (d) A compilation of the information reported by law enforcement agencies pursuant 40 to subsection 2 of this section. 41 5. Each law enforcement agency shall adopt a policy on race-based traffic stops that: 42 (1) Prohibits the practice of routinely stopping members of minority groups for 43 violations of vehicle laws as a pretext for investigating other violations of criminal law; HB 2526 76 44 (2) Provides for periodic reviews by the law enforcement agency of the annual report 45 of the attorney general required by subsection 4 of this section that: 46 (a) Determine whether any peace officers of the law enforcement agency have a 47 pattern of stopping members of minority groups for violations of vehicle laws in a number 48 disproportionate to the population of minority groups residing or traveling within the 49 jurisdiction of the law enforcement agency; and 50 (b) If the review reveals a pattern, require an investigation to determine whether any 51 peace officers of the law enforcement agency routinely stop members of minority groups for 52 violations of vehicle laws as a pretext for investigating other violations of criminal law; and 53 (3) Provides for appropriate counseling and training of any peace officer found to 54 have engaged in race-based traffic stops within ninety days of the review. 55 56 The course or courses of instruction and the guidelines shall stress understanding and respect 57 for racial and cultural differences, and development of effective, noncombative methods of 58 carrying out law enforcement duties in a racially and culturally diverse environment. 59 6. If a law enforcement agency fails to comply with the provisions of this section, the 60 governor may withhold any state funds appropriated to the noncompliant law enforcement 61 agency. 62 7. Each law enforcement agency in this state may utilize federal funds from 63 community-oriented policing services grants or any other federal sources to equip each 64 vehicle used for traffic stops with a video camera and voice-activated microphone. 65 8. A peace officer who stops a driver of a motor vehicle pursuant to a lawfully 66 conducted sobriety check point or road block shall be exempt from the reporting requirements 67 of subsection 2 of this section. 590.653. 1. Each city, county and city not within a county may establish a civilian 2 review board, division of civilian oversight, or any other entity which provides civilian 3 review or oversight of police agencies, or may use an existing civilian review board or 4 division of civilian oversight or other named entity which has been appointed by the local 5 governing body, with the authority to investigate allegations of misconduct by local law 6 enforcement officers towards members of the public. The members shall not receive 7 compensation but shall receive reimbursement from the local governing body for all 8 reasonable and necessary expenses. 9 2. The board, division, or any other such entity, shall have the power solely limited to 10 receiving, investigating, making findings and recommending disciplinary action upon 11 complaints by members of the public against members of the police department that allege 12 misconduct involving excessive use of force, abuse of authority, discourtesy, or use of 13 offensive language, including, but not limited to, slurs relating to race, ethnicity, religion, HB 2526 77 14 [Deleted text start: gender, sexual orientation: end deleted text] Added text start: sex, : end added text and disability. The findings and recommendations of the 15 board, division, or other entity and the basis therefor, shall be submitted to the chief law 16 enforcement official. No finding or recommendation shall be based solely upon an unsworn 17 complaint or statement, nor shall prior unsubstantiated, unfounded or withdrawn complaints 18 be the basis for any such findings or recommendations. Only the powers specifically granted 19 herein are authorized and any and all authority granted to future or existing boards, divisions, 20 or entities outside the scope of the powers listed herein are expressly preempted and void as a 21 matter of law. 595.201. 1. This section shall be known and may be cited as the "Sexual Assault 2 Survivors' Bill of Rights". These rights shall be in addition to other rights as designated by 3 law and no person shall discourage a person from exercising these rights. For the purposes of 4 this section, "sexual assault survivor" means any person who is fourteen years of age or older 5 and who may be a victim of a sexual offense who presents themselves to an appropriate 6 medical provider, law enforcement officer, prosecuting attorney, or court. 7 2. A sexual assault survivor retains all the rights of this section regardless of whether 8 a criminal investigation or prosecution results or if the survivor has previously waived any of 9 these rights. A sexual assault survivor has the right to: 10 (1) Consult with an employee or volunteer of a rape crisis center as defined in section 11 455.003; 12 (2) A sexual assault forensic examination as provided in section 595.220, or when a 13 telehealth network is established, a forensic examination as provided in section 192.2520 and 14 section 197.135; 15 (3) A shower and a change of clothing, as reasonably available, at no cost to the 16 sexual assault survivor; 17 (4) Request to be examined by an appropriate medical provider or interviewed by a 18 law enforcement officer of the [Deleted text start: gender: end deleted text] Added text start: sex : end added text of the sexual assault survivor's choosing, when 19 there is an available appropriate medical provider or law enforcement official of the [Deleted text start: gender: end deleted text] 20 Added text start: sex : end added text of the sexual assault survivor's choosing; 21 (5) An interpreter who can communicate in the language of the sexual assault 22 survivor's choice, as is reasonably available, in a timely manner; 23 (6) Notification and basic overview of the options of choosing a reported evidentiary 24 collection kit, unreported evidentiary collection kit, or anonymous evidentiary collection kit 25 as defined in section 595.220; 26 (7) Notification about the evidence tracking system as defined in subsection 9 of 27 section 595.220; 28 (8) Notification about the right to information pursuant to subsection 4 of section 29 610.100; HB 2526 78 30 (9) Be free from intimidation, harassment, and abuse in any related criminal or civil 31 proceeding and the right to reasonable protection from the offender or any person acting on 32 behalf of the offender from harm and threats of harm arising out of the survivor's disclosure 33 of the sexual assault. 34 3. An appropriate medical provider, law enforcement officer, and prosecuting 35 attorney shall provide the sexual assault survivor with notification of the rights of survivors 36 pursuant to subsection 2 of this section in a timely manner. Each appropriate medical 37 provider, law enforcement officer, and prosecuting attorney shall ensure that the sexual 38 assault survivor has been notified of these rights. 39 4. The department of public safety shall develop a document in collaboration with 40 Missouri-based stakeholders. Missouri-based stakeholders shall include, but not be limited 41 to, the following: 42 (1) Prosecuting attorneys; 43 (2) Chief law enforcement officers or their designees; 44 (3) Appropriate medical providers, as defined in section 595.220; 45 (4) Representatives of the statewide coalition against domestic and sexual violence; 46 (5) Representatives of rape crisis centers; 47 (6) Representatives of the Missouri Hospital Association; 48 (7) The director of the Missouri state highway patrol crime lab or their designee; and 49 (8) The director of the department of health and senior services or their designee. 50 5. The document shall include the following: 51 (1) A description of the rights of the sexual assault survivor pursuant to this section; 52 and 53 (2) Telephone and internet means for contacting the local rape crisis center, as defined 54 in 455.003. 55 56 The department of public safety shall provide this document in clear language that is 57 comprehensible to a person proficient in English and shall provide this document in any other 58 foreign language spoken by at least five percent of the population in any county or city not 59 within a county in Missouri. 620.586. 1. The commission shall include at least fifteen, but no more than nineteen, 2 voting members appointed by the governor with the advice and consent of the senate. The 3 commission shall include the following voting members: 4 (1) A representative of local government; 5 (2) The commissioner of the department of elementary and secondary education or 6 the designee of such person; HB 2526 79 7 (3) An individual with experience in promoting the involvement of older adults in 8 service and volunteerism; 9 (4) A representative of a national service program; 10 (5) An individual with expertise in the educational, training, and development needs 11 of youth, particularly disadvantaged youth; 12 (6) An individual between the ages of sixteen and twenty-five years who is a 13 participant in or supervisor of a service program for school-age youth, or a campus-based or 14 national service program; 15 (7) A representative of community-based agencies or organizations in the state; 16 (8) A representative of labor organizations; 17 (9) A member representing the business community; 18 (10) The lieutenant governor or his or her designee; 19 (11) A representative of the volunteer sector; and 20 (12) Between four and eight other members, appointed by the governor, provided that 21 no more than twenty percent of the voting members are officers or employees of the state, and 22 provided further that not more than fifty percent plus one of the voting members of the 23 commission are members of the same political party. 24 2. The commission shall include at least one nonvoting, ex officio member who shall 25 be a representative from the corporation for national and community service. The governor 26 may appoint any number of other nonvoting, ex officio members who shall serve at the 27 pleasure of the governor. 28 3. Appointments to the commission shall reflect the race, ethnicity, age, [Deleted text start: gender: end deleted text] Added text start: sex : end added text, 29 and disability characteristics of the population of the state as a whole. 30 4. Voting members shall serve renewable terms of three years, except that of the first 31 members appointed, one-third shall serve for a term of one year, one-third shall serve for a 32 term of two years, and one-third shall serve for a term of three years. If a commission 33 vacancy occurs, the governor shall appoint a new member to serve for the remainder of the 34 unexpired term. Vacancies shall not affect the power of the remaining members to execute 35 the commission's duties. 36 5. The members of the commission shall receive no compensation for their services 37 on the commission, but shall be reimbursed for ordinary and necessary expenses incurred in 38 the performance of their duties. 39 6. The voting members of the commission shall elect one of their members to serve as 40 chairperson of the commission. The voting members may elect such other officers as deemed 41 necessary. 42 7. The commission shall meet at least quarterly. HB 2526 80 660.026. Subject to appropriation, the director of the department of social services, or 2 the director's designee, may contract with and provide funding support to federally qualified 3 health centers, as defined in 42 U.S.C. Section 1396d(l)(2)(B), in this state. Funds 4 appropriated pursuant to this section shall be used to assist such centers in ensuring that health 5 care, including dental care, and mental health services is available to needy persons in this 6 state. Such funds may also be used by centers for capital expansion, infrastructure redesign or 7 other similar uses if federal funding is not available for such purposes. No later than forty- 8 five days following the end of each federal fiscal year, the centers shall report to the director 9 of the department of social services the number of patients served by age, race, [Deleted text start: gender: end deleted text] Added text start: sex : end added text, 10 method of payment and insurance status. Bill Body End HB 2526 81