Licensing

HCS HB 136 – Unemployment benefits and courtesy professional licenses for certain military spouses (See Military & Veterans Law)

SS SCS HCS HB 265 – Professional registration (See Administrative Law)

SS#2 SCS HCS HB 294, 123, 125, 113, 271 & 215 – Firearms Changes the laws regarding firearms, ammunition, and concealed carry endorsements.  In its main provisions, the bill:

(1)  Prohibits the sales tax on any firearms or ammunition from being levied at a higher rate than for any sales tax or other excise tax charged on any sporting goods or equipment or any hunting equipment (Section 144.064);

(2)  Specifies that a nondriver’s license containing a concealed carry endorsement will expire three years from the date the certificate of qualification was issued.  (Sections 302.181 and 571.101.7);

(3)  Allows a person to possess, manufacture, transport, repair, or sell a machine gun, short barreled rifle or shotgun, or firearm silencer if he or she conforms with federal law.  A person will not commit a crime if he or she possesses, manufactures, transports, repairs, or sells an explosive weapon; an explosive, incendiary, or poisonous substance or material; a gas gun; a switchblade knife; certain explosive bullets; or knuckles if the item was possessed in conformity with federal law and during possession his or her conduct was incident to certain specified actions.  A person who possesses, manufactures, transports, repairs, or sells an explosive weapon; an explosive, incendiary, or poisonous substance or material; a gas gun; or a machine gun, short barreled rifle or shotgun, or a firearm silencer in violation of federal law will be guilty of a class C felony.  A person who possesses, manufactures, transports, repairs, or sells a switchblade knife, certain explosive bullets, or knuckles will be guilty of a class A misdemeanor (Section 571.020);

(4)  Removes a requirement that some specified uses of a firearm will not be a crime when the use was reasonably associated with or necessary to the fulfillment of a person’s official duties and exempts from the crime of unlawful use of weapons federal probation or flight deck officers, whether they are on duty or whether they are within their agency’s jurisdiction, and any member of a fire department who is employed on a full-time basis as a fire investigator, when the uses are reasonably associated with or are necessary to the fulfillment of his or her official duties, and who has a valid concealed carry endorsement.  No person who pleads guilty to or is found guilty of a felony violation of the unlawful use of weapons can receive a suspended imposition of sentence if the person has previously received a suspended imposition of sentence for any other firearms or weapons related felony offense.  The bill allows an adult to possess a firearm on school property for the purpose of facilitation of a school-sanctioned club event and specifies that it is not unlawful for a student to participate in a club-sponsored event under specified conditions (Section 571.030);

(5)  Creates the crime of fraudulent purchase of a firearm, a class D felony, if a person knowingly solicits, persuades, encourages, or entices a licensed dealer or private seller of firearms or ammunition to transfer a firearm or ammunition under circumstances which the person knows would violate federal or state laws; provides to a licensed dealer or private seller of firearms or ammunition what the person knows to be materially false information with the intent to deceive the dealer or seller about the legality of a transfer of a firearm or ammunition; or willfully procures another to violate these provisions.  These provisions do not apply to certain criminal investigations (Section 571.063);

(6)  Repeals provisions in Sections 407.500 and 407.505 which restrict the sale of rifles and shotguns by requiring purchasers or sellers to live in Missouri or a contiguous state and to conform to federal and state gun regulations and instead allows a Missouri resident or the resident of any state to purchase any firearm if he or she conforms to federal laws, the laws of the state in which he or she resides, and the laws of this state (Sections 571.085 and 571.087);

(7)  Lowers the age at which a person can obtain a concealed carry endorsement from 23 to 21 years of age (Sections 571.101.2 and 571.117);

(8)  Specifies that current provisions do not preclude a member of the General Assembly, a full-time or legislative employee of the General Assembly, or a statewide elected official and his or her employees who hold a valid concealed carry endorsement from carrying a concealed firearm in the State Capitol Building (Section 571.107);

(9)  Specifies that a certificate of firearms safety training course completion may be issued to any applicant for a concealed carry endorsement by any qualified firearms safety instructor if the applicant completes at least eight hours of specified instruction and specifies that any firearms safety instructor who knowingly provides any sheriff with any false information concerning an applicant’s performance on any portion of the required training and qualification will be guilty of a class C misdemeanor (Section 571.111); and

(10)  Specifies that a municipality may regulate, by order or ordinance, the shooting of pneumatic guns within its boundaries when, in the opinion of the governing body, it is so heavily populated that the conduct is dangerous to its inhabitants.  No ordinance can prohibit the use of pneumatic guns at facilities approved for shooting ranges (Section 1).
The provisions regarding the issuance of nondriver’s licenses containing conceal carry endorsements will become effective when the Director of the Department of Revenue begins to issue nondriver’s licenses with the conceal carry endorsement that expire three years from the date the certificate of qualification was issued, or January 1, 2013, whichever occurs first. (Signed 7/8/11)

CCS SS SCS HCS HB 430 – Transportation (See Transportation Law)

SCS HCS HB 464 – State boards, commission, committees, and councils (See State Government)

HB 499 – Driver's license competency assessment (See Motor Vehicles Law)

SCS HB 591 – Limited dental teaching licenses Authorizes the Missouri Dental Board within the Department of Insurance, Financial Institutions and Professional Registration to issue a limited teaching license to a dentist employed as an instructor in an accredited dental school located in this state. (Signed 7/8/11)

HCS SS SCS SB 132 – Certain specialty lines insurance contracts  (See Insurance Law)

HCS SB 220 – Architects, professional engineers, land surveyors, landscape architects, well diggers Changes the laws regarding architects, professional engineers, land surveyors, landscape architects, well diggers, and any person involved in the demolition or razing of a structure.  In its main provisions, the bill:

(1)  Increases, from one to three acres, the extent of acreage authorized for a lien on property to secure payment for work performed by an architect, engineer, land surveyor, landscape architect; a corporation registered to practice these activities; a well digger; or a person demolishing or razing a structure (Section 429.015, RSMo);

(2)  Increases the statute of limitations for an action to recover damages because of an error or omission in a land survey from five years after the error or omission is discovered to 10 years from the completion of the survey (Section 516.098); and

(3)  Establishes a peer review process through which design professionals evaluate, maintain, or monitor the quality and utilization of services performed by a licensed architect, landscape architect, professional land surveyor, or professional engineer.  The bill specifies how a peer review process may be performed and the participants of a peer review process; authorizes immunity from civil liability for any participant of the process; and specifies the information or materials of the peer review process that are privileged and not subject to discovery, subpoena, or other legal compulsion.  These provisions cannot limit the authority of the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects within the Department of Insurance, Financial Institutions and Professional Registration to obtain information by subpoena or other authorized process from a peer reviewer or to require disclosure of confidential information developed outside the peer review process which relate to matters and investigations within the jurisdiction of the licensing board (Section 537.033). (Vetoed 7/8/11)

HCS SB 325 – Professional registration Changes the laws regarding professional registration.
PROFESSIONAL LICENSES  Requires any board, commission, committee, council, or office in the Division of Professional Registration within the Department of Insurance, Financial Institutions and Professional Registration, to notify any known current employer of a change in a licensee’s license and discipline status.  An employer may provide any board, commission, committee, council, or office in the division with a current list of licensed employees and request in writing to the board, commission, committee, council, or office to be notified regarding any change in the licensing status of an employee.

Includes provisions relating to:
Limited Dental Teaching Licenses,
Licensure of Funeral Directors and Embalmers, and
Licensed Practical Nurses

NURSING EDUCATION INCENTIVE PROGRAM  The Nursing Education Incentive Program is established within the State Department of Higher Education to address nursing shortages.  The State Board of Nursing within the Division of Professional Registration in the Department of Insurance, Financial Institutions and Professional Registration is authorized to provide funding for the program; and subject to appropriation, the Department of Higher Education will award grants to eligible higher education institutions accredited by the Higher Learning Commission of the North Central Association based on criteria to be determined by the board and the Department of Higher Education. 

VETERINARY LEGEND DRUGS  A licensed veterinarian is allowed to administer or prescribe only for use in animals certain medicine, drugs, or pharmaceutical products including legend drugs.

The membership of an advisory committee appointed by the Board of Pharmacy to review and make recommendations to it regarding drug distributors is increased from five to six by adding a licensed veterinarian recommended by the Board of Veterinary Medicine within the department.  The committee will also review and make recommendations to the Board of Pharmacy regarding rules and regulations on veterinary legend drugs.

A business that only holds a class L veterinary permit is not required to have a pharmacist on site except for when noncontrolled drugs for use in animals are being compounded.  A pharmacist is responsible for reviewing the activities and records of a class L pharmacy.

WHOLESALE DRUG DISTRIBUTORS  The bill defines “legend drug” as it relates to regulating wholesale drug distributors as any drug or biological product that is subject to certain federal laws and required to be labeled in certain ways, dispensed by prescription only or used or dispensed by practitioners only excluding any drug being used for conducting a clinical trial or investigation under specified situations.

REAL ESTATE LICENSEE LIABILITY  Currently, a real estate licensee is immune from liability for statements made by certain expert professionals unless the expert was selected and engaged by the licensee, the statement was made by a person employed by the licensee or broker, or the licensee knew that the statement was false or acted in reckless disregard as to whether the statement was true or false.  The bill specifies that the ordering of a report or an inspection alone will not constitute selecting or engaging a person.

ARCHITECTS, PROFESSIONAL ENGINEERS, LAND SURVEYORS, LANDSCAPE ARCHITECTS, WELL DIGGERS  Increases, from one to three acres, the extent of acreage authorized for a lien on property to secure payment for work performed by an architect, engineer, land surveyor, landscape architect; a corporation registered to practice these activities; or a well digger.

The statute of limitations for an error or omission in a land survey is increased from five years after the error or omission is discovered to 10 years for the completion of the survey.

PRENEED FUNERAL CONTRACTS  The definition of “insurance-funded preneed contract” is revised to include a preneed contract designated to be funded by a deferred annuity contract that is not classified as a variable annuity and has death benefit proceeds that are never less than the sum of premiums paid.  A trustee of a preneed trust is allowed to invest trust funds with authorized external investment advisors of a trustee, seller, or provider; and a preneed seller and purchaser can agree in writing to put the funds for the preneed contract into an account in the beneficiary’s name and payable on the beneficiary’s death to the seller.  The bill also changes the procedure for a funeral provider to receive funds after providing funeral services and merchandise and the procedure for a purchaser who wants to cancel a preneed contract funded by a joint account.

The bill contains an emergency clause for the provisions regarding wholesale drug distributors. (Signed 7/7/11)

 

Index of Bills by Subject Matter

Key
  • CCS - Conference Committee Substitute
  • HB - House Bill
  • HCS - House Committee Substitute
  • HS - House Substitute
  • HJR - House Joint Resolution
  • SB - Senate Bill
  • SCS - Senate Committee Substitute
  • SS - Senate Substitute
  • SJR - Senate Joint Resolution
  • * - Missouri Bar Committee-Drafted Legislation