State Government
HB 1313 — Disabled Veterans Preference for State Contracts. (See Military/Veterans Law)
HCS HB 1341 — Swimming Pool Liability. (See Insurance Law)
SCS HB 1422 — Unified Carrier Registration. (See Transportation Law)
HB 1426 — Missouri Public Service Commission. Removes the requirement that the Missouri Public Service Commission prepare an annual economic impact report of the implementation effects of § 392.410, RSMo, regarding certificates of public convenience and necessity for certain telecommunication companies. (Signed 6/19/08)
SCS HB 1450 — Expiration Dates for Certain Homeland Security and Public Safety Provisions. Extends the expiration date for the Joint Committee on Terrorism, Bioterrorism, and Homeland Security from December 31, 2007, to December 31, 2009, and the expiration date on the provisions regarding the public safety exceptions to the Open Records and Meetings Law, commonly known as the Sunshine Law, from December 31, 2008, to December 31, 2012. (Signed 6/10/08)
HCS HB 1575 — Memorial Highway. Designates a four-mile portion of State Highway 87 south from the intersection of State Route AA in Moniteau County as the “Lance Corporal Leon B. Deraps Memorial Highway.” (Signed 6/17/08)
SCS HB 1689 — Office of Administration. Requires the Commissioner of the Office of Administration to provide each member of the General Assembly with a key that accesses the dome of the State Capitol.
The Governor’s Council on Disability is transferred from the Department of Labor and Industrial Relations to the Office of Administration. (Vetoed 7/10/08)
SCS HCS HB 1690 — Transmission of Insurance-Related Information. Allows the Director of the Department of Insurance, Financial Institutions, and Professional Registration to establish rules and a web-based delivery method for submitting required insurance-related filings. The filings must be carried out in a manner consistent with the federal Electronic Signatures in Global and National Commerce Act. Automobile insurers will be allowed to send renewal notices electronically as an alternative to sending the notices by first-class mail if the insured requests an electronic notice in writing. Policy cancellations are prohibited from being sent electronically. (Signed 6/19/08)
HB 1784 — Flags Flown Over State Buildings. Requires any Missouri or American flag flown on state property to be manufactured in the United States. (Signed 6/19/08)
SCS HCS HB 1807 — State Schools for the Severely Disabled. (See Education/School Law)
HB 1828 — Sales and Use Tax Regulations. (See Taxation Law)
HB 1887 — Memorial Highway. Designates a portion of State Highway 13 from the intersection of State Highway 83 to the intersection of State Route Y in Polk County as the “Rick Seiner Memorial Highway.” (Signed 6/17/08)
HB 1952 — Memorial Bridge. Designates the bridge over the Gasconade River on U. S. Highway 63 in Maries County as the “Roy Bassett Memorial Bridge.” (Signed 6/17/08)
HCS HB 2036 — Additional Funding for Elderly Services. (See Local Government Law)
SCS HCS HB 2041 — Employment. (See Labor/Employment Law)
SCS HCS HB 2188 — Mortgage Fraud. (See Administrative Law)
HB 2213 — Parent and Family Involvement in Education Week. Requires the Governor to annually issue a proclamation designating the second week of September as Parent and Family Involvement in Education Week. (Signed 6/10/08)
HCS HB 2360 — Memorial Highway. Designates a one-mile portion of State Highway 169 south from the city limits of King City in Gentry County as the “Mo. Hwy. Patrol Corporal Henry C. Bruns Memorial Highway.” (Signed 6/17/08)
HCS SCS SB 753, 728, 906 & 1026 — Memorial Highway Designations. Makes the following memorial highway designations:
A portion of State Highway 84 in Pemiscot County from the Interstate 55 exit to the city limits of Caruthersville as the “Corporal Rickey L. Bell Memorial Highway;”
A portion of U. S. Highway 169 from its intersection with State Highway 6, north to its intersection with Gene Field Road as the “Deputy Charles M. Cook Memorial Highway;”
A four-mile portion of State Highway 87 in Moniteau County south from its intersection with State Route AA as the “Lance Corporal Leon B. Deraps Memorial Highway;” and
A portion of State Highway 13 in Polk County from its intersection with State Highway 83 to the intersection of State Route Y as the “Rick Seiner Memorial Highway.” (Signed 6/17/08)
SCS SB 788 — Department of Insurance, Financial Institutions, and Professional Registration; Joint Committee on Preneed Funeral Contracts; Disposition of Dead Bodies; and Manufactured Housing. Changes laws regarding the Department of Insurance, Financial Institutions, and Professional Registration; licensure or registration of certain professionals in the Division of Professional Registration; Joint Committee on Preneed Funeral Contracts; disposition of dead bodies; and manufactured housing.
Includes provisions relating to reorganization of the Department of Insurance.
Establishes a Joint Committee on Preneed Funeral Contracts.
Disposition of Dead Bodies. Currently, a person may grant the right of sepulcher to any person if the designation is made in a written instrument which meets certain criteria established by law; however, the designation will not supersede the rights of the deceased’s spouse or certain family members. SB 788 removes provisions allowing for this designation and states that an attorney-in-fact designated in a durable power of attorney that specifically grants the right of sepulcher will have first priority for the purpose of determining who has the right to choose and control the final disposition of the body. (Also in SB 1139)
Certified Public Accountants. Certified public accountants who live out of state may qualify for a Missouri license if the state in which they hold their license has equivalent qualifications. Applicants must have an unrestricted license in their state and can only practice with a firm holding a valid state permit to practice certified public accountancy.
Permit requirements for certified public accounting firms are also expanded.
Embalming. Revises definition of “practice of embalming” to include the chemical preparation of a dead human body for disposition as well as all activities leading up to and including arterial and cavity embalming.
Physical Therapists and Physical Therapy Assistants.
(1) Specifies the services which may be provided by a physical therapist without a prescription or the direction of an approved health care provider;
(2) Creates an inactive license for physical therapists and physical therapy assistants, establishes certain criteria to be followed when applying for an inactive status and for reinstatement of an active status, and adds additional restrictions on the issuance of temporary licenses;
(3) Removes the provision which allows applicants to take the licensing examination only three times;
(4) Allows physical therapists and physical therapy assistants licensed in other states to provide gratuitous services for a period not to exceed 14 days in any one calendar year;
(5) Authorizes the State Board of Registration for the Healing Arts to destroy all documentation regarding meritless actions brought by individuals incarcerated under the Department of Corrections against licensees three months after the final disposition of the case;
(6) Authorizes the board to issue probationary licenses as an alternative to a refusal to issue, suspend, or revoke a license;
(7) Authorizes the board to file complaints with the Administrative Hearing Commission;
(8) Requires the board to publish at least quarterly a list of persons whose licenses have been revoked, suspended, surrendered, restricted, denied, or withheld except those who voluntarily enter treatment programs;
(9) Authorizes the board to suspend or restrict the license of a person who it considers to be a clear and present danger to the public;
(10) Specifies that physical therapists retain ultimate authority and responsibility of any physical therapy treatment being provided by the physical therapy assistant under their supervision; and
(11)Requires all physical therapist assistant applicants to pass a test administered by the board on laws and rules relating to the practice of physical therapist assistants.
Physician Assistants. Currently, supervising physicians must be present a minimum of 66% of the clinic’s hours for practice supervision and collaboration when utilizing physician assistants. Allows for on-site supervised patient care to be measured each calendar quarter and prohibits the Advisory Committee on Physician Assistants from requiring physician‑physician assistant teams which have obtained a waiver for alternative minimum amounts of supervision to increase their on-site supervision requirements to qualify for the renewal of the waiver.
Real Estate Transactions. Repeals a current requirement that certain persons, partnerships, associations, or corporations acting as owners, lessors, or lessees are allowed to perform activities of a real estate broker without a license only if they are not engaged in the real estate business.
Allows real estate brokers to affiliate with out-of-state real estate brokers or salespersons for transactions involving commercial real estate if those out-of-state licensees consent to certain requirements specified in the bill.
Manufactured Housing. Changes provisions relating to Public Service Commission registration requirements for manufactured housing manufacturers or dealers. The Manufactured Housing Consumer Recovery Fund is created to pay, subject to appropriations, claims filed by aggrieved consumers who have exhausted all other legal remedies. Requires manufactured home dealers to provide purchasers with a bill of sale or purchase agreement containing the serial number, if available, or the manufacturer name and model number of the unit along with any waivers. Every manufactured home dealer must register and pay a $200 registration or renewal fee by January 15 of each year along with the permanent physical address and telephone number of the place where the files and other records are located for inspection.
The commission may refuse to register an applicant or may suspend or revoke a registration, which will apply to all registrations held by the dealer, if there is a consistent pattern of abuse. The commission, through its general counsel, may seek remedies in a circuit court for any violations.
Provisions regarding the Joint Committee on Preneed Funeral Contracts will expire January 31, 2009. (Signed 7/10/08)
SCS SB 806 — Flying Flags at Half-Staff. Requires the United States flag and the Missouri state flag to be flown at half-staff on all government buildings for one full day as determined by the Governor whenever a Missouri resident and member of the military forces is killed in the line of duty. (Signed 6/24/08)
SCS SB 850 — Board of Optometry. (See Administrative Law)
HCS SCS SB 907 — Real Property Transfers and Petroleum Storage Tanks. (See Property Law)
CCS HCS SCS SB 930 & 947 — Transportation. (See Transportation Law)
SS SCS SB 944 — Bond Registration Fees. Currently, the State Auditor charges a fee of 10 cents for each $100 of the face value of bonds registered. This bill limits the total fee to no more than $1,000.
Contains an emergency clause. (Signed 5/16/08)
SCS SB 951 — Emergency Response Within Financial Institutions. Allows the Governor, during a state of emergency, to authorize the Director of the Division of Finance and the Director of the Division of Credit Unions within the Department of Insurance, Financial Institutions, and Professional Registration to suspend laws and rules applicable to the divisions that are reasonable and necessary to preserve the safety and soundness of financial institutions, facilitate disaster response and recovery efforts to serve essential civil needs and protect the public interest, and coordinate emergency response with financial institutions and emergency responders.
Currently, banks and trust companies may operate under emergency bylaws in certain circumstances. The bill allows banks and trust companies to do the same when the General Assembly or Governor declares a state of emergency. The board of directors or the president of the bank or trust company must notify the Director of the Division of Finance of the implementation of emergency bylaws and the status of its emergency response operations. (Signed 6/19/08)
SB 991 — Official State Dessert. Designates the ice cream cone as the official state dessert. (Signed 7/10/08)
SB 999 — Deceptive Use of a Financial Institution’s Name. (See Commercial Law)
SB 1038 — Campaign Finance. Changes laws regarding campaign finance. In its main provisions, the bill:
Repeals campaign contribution limits currently enforced for certain candidates running for office under § 130.032, RSMo;
Limits individual contributions by a single donor to a candidate for state representative to $325 for each election;
Requires individuals and committees to file electronic campaign disclosure reports with the Missouri Ethics Commission within 48 hours of receiving a contribution exceeding $5,000;
Requires legislative and senatorial district committees to retain a single address in their district for receipt of contributions and requires campaign treasurers to reside in the district or county where the committee sits;
Requires out-of-state committees that make contributions involving Missouri candidates or election issues to report the names of their contributors even if contributions to the out-of-state committee were not made for the purpose of influencing any particular election; and
Changes the penalty for improperly reporting campaign contributions and expenditures to the commission from twice the amount of the incorrect contribution or expenditure up to $5,000 to a penalty equal to the amount of the improperly reported contribution or expenditure with no maximum cap. (Signed 7/10/08)
SB 1066 — Elementary and Secondary Education. (See Education/School Law)
SB 1073 — Sales and Use Tax Exemption for Certain United States Munitions List Items. (See Taxation Law)
HCS SB SB 1140 — Duties of the Office of Administration. Allows a deduction for cafeteria plan administrative fees from a state employee’s compensation except when the employee affirmatively elects not to participate in the plan and allows a vendor of certain cafeteria plan options to solicit the selection of an option on site in state facilities.
Makes changes in administration of moneys in the Administrative Trust Fund by the Commissioner of the Office of Administration.
Contains an emergency clause. (Signed 7/10/08)
SCS SB 1150 — Technology Trust Fund Account. Currently, the statutory authority for the Secretary of State to collect an additional $5 on certain filing fees which are deposited into the Technology Trust Fund Account expires on December 31, 2009. This bill extends the authority to December 31, 2017. (Signed 6/25/08)
SB SB 1177 — Licensed Professional Counselors. Defines “licensed professional counselor” and includes these individuals as mental health professionals working in the Division of Comprehensive Psychiatric Services within the Department of Mental Health and the Division of Alcohol and Drug Abuse within the Department of Health and Senior Services. (Signed 6/25/08)
CCS HCS SCS SB 1181, 1100, 1262 & 1263 — Energy and Environment. (See Environmental/Energy Law)
SB SB 1187 — State Water Patrol. Removes the limitation on the number of State Water Patrol sergeants, corporals, and patrolmen that the patrol may employ. Currently, it may not have more than 99 members. (Signed 6/10/08)
SB SB 1190 — Division of Professional Registration Fees. Authorizes the Division of Professional Registration within the Department of Insurance, Financial Institutions, and Professional Registration to reduce license fees by emergency rule if the projected fund balance of any agency assigned to the division is reasonably expected to exceed an amount that would require transfer from that fund to general revenue. (Vetoed 7/10/08)