HOUSE BILL NO. 1312 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE PETERS.
1628H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 71.195, 84.340, 84.343, 84.720, 324.012, and 621.045, RSMo, and to enact in lieu thereof fifteen new sections relating to the licensing of security guards and companies, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 71.195, 84.340, 84.343, 84.720, 324.012, and 621.045, RSMo, 2 are repealed and fifteen new sections enacted in lieu thereof, to be known as sections 84.340, 3 84.343, 324.012, 621.045, 650.1000, 650.1005, 650.1010, 650.1015, 650.1020, 650.1025, 4 650.1030, 650.1035, 650.1040, 650.1045, and 650.1050, to read as follows: 84.340. Except as provided under section 590.750, the police commissioner of the 2 said cities shall have power to regulate and license all [private watchmen,] private detectives 3 [and private policemen], serving or acting as such in said cities, and no person shall act as 4 such [private watchman,] private detective [or private policeman] in said cities without first 5 having obtained the written license of the president or acting president of said police 6 commissioners of the said cities, under pain of being guilty of a misdemeanor. 84.343. 1. Subject to the provisions of sections 84.344 to 84.346, any city not within 2 a county may establish a municipal police force for the purposes of: 3 (1) Preserving the public peace, welfare, and order; 4 (2) Preventing crime and arresting suspected offenders; 5 (3) Enforcing the laws of the state and ordinances of the city; 6 (4) Exercising all powers available to a police force under generally applicable state 7 law; and
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. HB 1312 2
8 (5) Regulating and licensing all [private watchmen,] private detectives[, and private 9 policemen] serving or acting as such in said city. 10 2. Any person who acts as a [private watchman,] private detective[, or private 11 policeman] in said cities without having obtained a written license from said cities is guilty of 12 a class A misdemeanor. 324.012. 1. This section shall be known and may be cited as the "Fresh Start Act of 2 2020". 3 2. As used in this section, the following terms mean: 4 (1) "Criminal conviction", any conviction, finding of guilt, plea of guilty, or plea of 5 nolo contendere; 6 (2) "Licensing", any required training, education, or fee to work in a specific 7 occupation, profession, or activity in the state; 8 (3) "Licensing authority", an agency, examining board, credentialing board, or other 9 office of the state with the authority to impose occupational fees or licensing requirements on 10 any profession. For purposes of the provisions of this section other than subsection 7 of this 11 section, the term "licensing authority" shall not include the state board of education's 12 licensure of teachers pursuant to chapter 168, the Missouri state board of accountant's 13 licensure of accountants pursuant to chapter 326, the board of podiatric medicine's licensure 14 of podiatrists pursuant to chapter 330, the Missouri dental board's licensure of dentists 15 pursuant to chapter 332, the state board of registration for the healing art's licensure of 16 physicians and surgeons pursuant to chapter 334, the Missouri state board of nursing's 17 licensure of nurses pursuant to chapter 335, the board of pharmacy's licensure of pharmacists 18 pursuant to chapter 338, the Missouri real estate commission's licensure of real estate brokers, 19 real estate salespersons, or real estate broker-salespersons pursuant to sections 339.010 to 20 339.205, the Missouri veterinary medical board's licensure of [veterinarian's] veterinarians 21 pursuant to chapter 340, the Missouri director of finance appointed pursuant to chapter 361, 22 [or] the peace officer standards and training commission's licensure of peace officers or other 23 law enforcement personnel pursuant to chapter 590, or the department of public safety's 24 licensure of security guards and security companies under sections 650.1000 to 25 650.1050; 26 (4) "Political subdivision", a city, town, village, municipality, or county. 27 3. Notwithstanding any other provision of law, beginning January 1, 2021, no person 28 shall be disqualified by a state licensing authority from pursuing, practicing, or engaging in 29 any occupation for which a license is required solely or in part because of a prior conviction 30 of a crime in this state or another state, unless the criminal conviction directly relates to the 31 duties and responsibilities for the licensed occupation as set forth in this section or is violent 32 or sexual in nature. HB 1312 3
33 4. Beginning August 28, 2020, applicants for examination of licensure who have 34 pleaded guilty to, entered a plea of nolo contendere to, or been found guilty of any of the 35 following offenses or offenses of a similar nature established under the laws of this state, any 36 other state, the United States, or any other country, notwithstanding whether sentence is 37 imposed, shall be considered by state licensing authorities to have committed a criminal 38 offense that directly relates to the duties and responsibilities of a licensed profession: 39 (1) Any murder in the first degree, or dangerous felony as defined under section 40 556.061 excluding an intoxication-related traffic offense or intoxication-related boating 41 offense if the person is found to be a habitual offender or habitual boating offender as such 42 terms are defined in section 577.001; 43 (2) Any of the following sexual offenses: rape in the first degree, forcible rape, rape, 44 statutory rape in the first degree, statutory rape in the second degree, rape in the second 45 degree, sexual assault, sodomy in the first degree, forcible sodomy, statutory sodomy in the 46 first degree, statutory sodomy in the second degree, child molestation in the first degree, child 47 molestation in the second degree, sodomy in the second degree, deviate sexual assault, sexual 48 misconduct involving a child, sexual misconduct in the first degree under section 566.090 as 49 it existed prior to August 28, 2013, sexual abuse under section 566.100 as it existed prior to 50 August 28, 2013, sexual abuse in the first or second degree, enticement of a child, or 51 attempting to entice a child; 52 (3) Any of the following offenses against the family and related offenses: incest, 53 abandonment of a child in the first degree, abandonment of a child in the second degree, 54 endangering the welfare of a child in the first degree, abuse of a child, using a child in a 55 sexual performance, promoting sexual performance by a child, or trafficking in children; 56 [and] 57 (4) Any of the following offenses involving child pornography and related offenses: 58 promoting obscenity in the first degree, promoting obscenity in the second degree when the 59 penalty is enhanced to a class E felony, promoting child pornography in the first degree, 60 promoting child pornography in the second degree, possession of child pornography in the 61 first degree, possession of child pornography in the second degree, furnishing child 62 pornography to a minor, furnishing pornographic materials to minors, or coercing acceptance 63 of obscene material; 64 (5) The offense of delivery of a controlled substance, as provided in section 579.020, 65 may be a disqualifying criminal offense for the following occupations: real estate appraisers 66 and appraisal management companies, licensed pursuant to sections 339.500 to 339.549; and 67 nursing home administrators, licensed pursuant to chapter 344; and 68 (6) Any offense an essential element of which is fraud may be a disqualifying 69 criminal offense for the following occupations: private investigators, licensed pursuant to HB 1312 4
70 sections 324.1100 to 324.1148; accountants, licensed pursuant to chapter 326; architects, 71 licensed pursuant to sections 327.091 to 327.172; engineers, licensed pursuant to sections 72 327.181 to 327.271; land surveyors, licensed pursuant to sections 327.272 to 327.371; 73 landscape architects, licensed pursuant to sections 327.600 to 327.635; chiropractors, licensed 74 pursuant to chapter 331; embalmers and funeral directors, licensed pursuant to chapter 333; 75 real estate appraisers and appraisal management companies, licensed pursuant to sections 76 339.500 to 339.549; and nursing home administrators, licensed pursuant to chapter 344. 77 5. If an individual is charged with any of the crimes set forth in subsection 4 of this 78 section, and is convicted, pleads guilty to, or is found guilty of a lesser-included offense and 79 is sentenced to a period of incarceration, such conviction shall only be considered by state 80 licensing authorities as a criminal offense that directly relates to the duties and responsibilities 81 of a licensed profession for four years, beginning on the date such individual is released from 82 incarceration. 83 6. (1) The licensing authority shall determine whether an applicant with a criminal 84 conviction will be denied a license based on the following factors: 85 (a) The nature and seriousness of the crime for which the individual was convicted; 86 (b) The passage of time since the commission of the crime, including consideration of 87 the factors listed under subdivision (2) of this subsection; 88 (c) The relationship of the crime to the ability, capacity, and fitness required to 89 perform the duties and discharge the responsibilities of the occupation; and 90 (d) Any evidence of rehabilitation or treatment undertaken by the individual that 91 might mitigate against a direct relation. 92 (2) If an individual has a valid criminal conviction for a criminal offense that could 93 disqualify the individual from receiving a license, the disqualification shall not apply to an 94 individual who has been exonerated for a crime for which he or she has previously been 95 convicted of or incarcerated. 96 7. An individual with a criminal record may petition a licensing authority at any time 97 for a determination of whether the individual's criminal record will disqualify the individual 98 from obtaining a license. This petition shall include details on the individual's criminal 99 record. The licensing authority shall inform the individual of his or her standing within thirty 100 days after the licensing authority has met, but in no event more than four months after 101 receiving the petition from the applicant. The decision shall be binding, unless the individual 102 has subsequent criminal convictions or failed to disclose information in his or her petition. If 103 the decision is that the individual is disqualified, the individual shall be notified in writing of 104 the grounds and reasons for disqualification. The licensing authority may charge a fee by rule 105 to recoup its costs as set by rulemaking authority not to exceed twenty-five dollars for each 106 petition. HB 1312 5
107 8. (1) If a licensing authority denies an individual a license solely or in part because 108 of the individual's prior conviction of a crime, the licensing authority shall notify the 109 individual in writing of the following: 110 (a) The grounds and reasons for the denial or disqualification; 111 (b) That the individual has the right to a hearing as provided by chapter 621 to 112 challenge the licensing authority's decision; 113 (c) The earliest date the person may reapply for a license; and 114 (d) That evidence of rehabilitation may be considered upon reapplication. 115 (2) Any written determination by the licensing authority that an applicant's criminal 116 conviction is a specifically listed disqualifying conviction and is directly related to the duties 117 and responsibilities for the licensed occupation shall be documented with written findings for 118 each of the grounds or reasons under paragraph (a) of subdivision (1) of this subsection by 119 clear and convincing evidence sufficient for a reviewing court. 120 (3) In any administrative hearing or civil litigation authorized under this subsection, 121 the licensing authority shall carry the burden of proof on the question of whether the 122 applicant's criminal conviction directly relates to the occupation for which the license is 123 sought. 124 9. The provisions of this section shall apply to any profession for which an 125 occupational license is issued in this state, including any new occupational license created by 126 a state licensing authority after August 28, 2020. Notwithstanding any other provision of law, 127 political subdivisions shall be prohibited from creating any new occupational licenses after 128 August 28, 2020. The provisions of this section shall not apply to business licenses, where 129 the terms "occupational licenses" and "business licenses" are used interchangeably in a city or 130 county charter definition. 621.045. 1. The administrative hearing commission shall conduct hearings and make 2 findings of fact and conclusions of law in those cases when, under the law, a license issued by 3 any of the following agencies may be revoked or suspended or when the licensee may be 4 placed on probation or when an agency refuses to permit an applicant to be examined upon 5 his or her qualifications or refuses to issue or renew a license of an applicant who has passed 6 an examination for licensure or who possesses the qualifications for licensure without 7 examination: 8 Missouri State Board of Accountancy 9 Missouri State Board for Architects, Professional Engineers, Professional Land 10 Surveyors and Landscape Architects 11 Board of Barber Examiners 12 Board of Cosmetology 13 Board of Chiropody and Podiatry HB 1312 6
14 Board of Chiropractic Examiners 15 Missouri Dental Board 16 Board of Embalmers and Funeral Directors 17 Board of Registration for the Healing Arts 18 Board of Nursing 19 Board of Optometry 20 Board of Pharmacy 21 Missouri Real Estate Commission 22 Missouri Veterinary Medical Board 23 Supervisor of Liquor Control 24 Department of Health and Senior Services 25 Department of Commerce and Insurance 26 Department of Mental Health 27 Board of Private Investigator Examiners 28 Department of Public Safety. 29 2. If in the future there are created by law any new or additional administrative 30 agencies which have the power to issue, revoke, suspend, or place on probation any license, 31 then those agencies are under the provisions of this law. 32 3. The administrative hearing commission is authorized to conduct hearings and make 33 findings of fact and conclusions of law in those cases brought by the Missouri state board for 34 architects, professional engineers, professional land surveyors and landscape architects 35 against unlicensed persons under section 327.076. 36 4. Notwithstanding any other provision of this section to the contrary, after August 37 28, 1995, in order to encourage settlement of disputes between any agency described in 38 subsection 1 or 2 of this section and its licensees, any such agency shall: 39 (1) Provide the licensee with a written description of the specific conduct for which 40 discipline is sought and a citation to the law and rules allegedly violated, together with copies 41 of any documents which are the basis thereof and the agency's initial settlement offer, or file a 42 contested case against the licensee; 43 (2) If no contested case has been filed against the licensee, allow the licensee at least 44 sixty days, from the date of mailing, to consider the agency's initial settlement offer and to 45 contact the agency to discuss the terms of such settlement offer; 46 (3) If no contested case has been filed against the licensee, advise the licensee that the 47 licensee may, either at the time the settlement agreement is signed by all parties, or within 48 fifteen days thereafter, submit the agreement to the administrative hearing commission for 49 determination that the facts agreed to by the parties to the settlement constitute grounds for 50 denying or disciplining the license of the licensee; and HB 1312 7
51 (4) In any contact under this subsection by the agency or its counsel with a licensee 52 who is not represented by counsel, advise the licensee that the licensee has the right to consult 53 an attorney at the licensee's own expense. 54 5. If the licensee desires review by the administrative hearing commission under 55 subdivision (3) of subsection 4 of this section at any time prior to the settlement becoming 56 final, the licensee may rescind and withdraw from the settlement and any admissions of fact 57 or law in the agreement shall be deemed withdrawn and not admissible for any purposes 58 under the law against the licensee. Any settlement submitted to the administrative hearing 59 commission shall not be effective and final unless and until findings of fact and conclusions 60 of law are entered by the administrative hearing commission that the facts agreed to by the 61 parties to the settlement constitute grounds for denying or disciplining the license of the 62 licensee. 63 6. When a holder of a license, registration, permit, or certificate of authority issued by 64 the division of professional registration or a board, commission, or committee of the division 65 of professional registration against whom an affirmative decision is sought has failed to plead 66 or otherwise respond in the contested case and adequate notice has been given under sections 67 536.067 and 621.100 upon a properly pled writing filed to initiate the contested case under 68 this chapter or chapter 536, a default decision shall be entered against the licensee without 69 further proceedings. The default decision shall grant such relief as requested by the division 70 of professional registration, board, committee, commission, or office in the writing initiating 71 the contested case as allowed by law. Upon motion stating facts constituting a meritorious 72 defense and for good cause shown, a default decision may be set aside. The motion shall be 73 made within a reasonable time, not to exceed th