HOUSE BILL NO. 1907 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE STEINMEYER.
5543H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 355, RSMo, by adding thereto one new section relating to the child protection through nonprofit integrity act, with penalty provisions and an emergency clause.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 355, RSMo, is amended by adding thereto one new section, to be 2 known as section 355.1100, to read as follows: 355.1100. 1. This section shall be known and may be cited as the "Child 2 Protection Through Nonprofit Integrity Act". 3 2. As used in this section, the following terms shall mean: 4 (1) "Child-serving organization", any nonprofit corporation, cooperative, 5 unincorporated association, church, religious institution, charitable organization, youth 6 program, camp, sports league, school-affiliated group, mentorship program, after- 7 school program, child care program, community center, arts program, counseling 8 program, or any entity registered with the secretary of state that provides services, 9 programming, activities, or events in which minors participate, receive services, or are 10 beneficiaries; 11 (2) "Covered individual", any incorporator, organizer, director, officer, 12 employee, contractor, agent, advisor, mentor, coach, teacher, volunteer, or any 13 individual who directly or indirectly participates in, influences, or has access to the 14 operations, governance, or activities of a child-serving organization;
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 1907 2
15 (3) "Disqualified offender", any individual required to register under sections 16 589.400 to 589.425 for any sexual offense involving a minor, including attempt, 17 conspiracy, or solicitation of such offenses. 18 3. No disqualified offender shall form, organize, operate, manage, advise, 19 volunteer with, work for, contract with, or otherwise participate in a child-serving 20 organization in any capacity. Such prohibition shall apply to in-person, remote, online, 21 intermittent, advisory, or informal participation. 22 4. No child-serving organization shall employ, appoint, elect, contract with, or 23 permit the participation of any disqualified offender as a covered individual. 24 5. The secretary of state shall require all child-serving organizations, upon 25 registration and annually thereafter, to file a certification under penalty of perjury 26 affirming that: 27 (1) No covered individual is a disqualified offender; and 28 (2) The organization has conducted a registry check of all covered individuals 29 through the Missouri sex offender registry established under section 589.400. 30 6. The secretary of state shall reject any filing, registration, or renewal that does 31 not contain the certification required under subsection 5 of this section. Knowingly 32 submitting a false certification shall be a class E felony. 33 7. Any disqualified offender who violates subsection 3 of this section shall be 34 guilty of a class D felony for a first offense and a class C felony for any subsequent 35 offense. A court shall not grant a suspended imposition of sentence for violations of this 36 subsection. 37 8. Any director, officer, pastor, supervisor, or person in authority within a child- 38 serving organization who knowingly permits a disqualified offender to participate in 39 violation of this section shall be guilty of a class E felony and shall be prohibited from 40 serving in any fiduciary, supervisory, or volunteer capacity in any child-serving 41 organization for a period of ten years. 42 9. The attorney general shall have concurrent jurisdiction to investigate 43 violations of this section and may: 44 (1) Seek civil penalties of up to fifty thousand dollars per violation; 45 (2) Institute proceedings to suspend or dissolve the entity if the violation was 46 knowing or repeated; 47 (3) Seek removal of any disqualified offender from the organization; or 48 (4) Seek injunctive relief to prevent future violations. 49 10. Any child-serving organization found to have knowingly violated this section 50 shall be ineligible for any state grant, tax credit, or public funding for a period of five 51 years following the finding of the violation. HB 1907 3
Section B. Because immediate action is necessary for the protection of minors from 2 sexual exploitation and constitutes a compelling governmental interest, section A of this act is 3 deemed necessary for the immediate preservation of the public health, welfare, peace, and 4 safety, and is hereby declared to be an emergency act within the meaning of the constitution, 5 and section A of this act shall be in full force and effect upon its passage and approval. ✔
Statutes affected: