HOUSE BILL NO. 3154 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE COOK.
5554H.02I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapters 311 and 313, RSMo, by adding thereto three new sections relating to criminal background checks.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 311 and 313, RSMo, are amended by adding thereto three new 2 sections, to be known as sections 311.661, 313.912, and 313.1000, to read as follows: 311.661. 1. As used in this section, the following terms mean: 2 (1) "Alcohol carrier or transportation license", a license issued to an applicant 3 for the transport or delivery of intoxicating liquor into, within, or through this state; 4 (2) "Applicant", the same meaning as such term is defined under section 43.540; 5 (3) "Division", the division of alcohol and tobacco control; 6 (4) "Manufacturer-solicitor, domestic winery, or microbrewery liquor license", a 7 license issued to an applicant authorizing the manufacturing, distilling, blending, or 8 brewing of intoxicating liquor in this state; 9 (5) "Owner", an individual holding ten percent or greater financial interest or 10 voting interest in an entity seeking to be licensed; 11 (6) "Primary retail liquor license", a license issued to an applicant for the retail 12 sale of intoxicating liquor in this state; 13 (7) "Solicitor license", a license issued to an applicant that allows for the 14 solicitation of orders for the sale of intoxicating liquor to wholesalers licensed in this 15 state; 16 (8) "Wholesalers license", a license issued to an applicant authorizing the sale of 17 intoxicating liquor to retail licensees;
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 3154 2
18 (9) "Wine direct shipper license", a license issued to an applicant allowing for 19 the direct shipping of intoxicating liquor to consumers who are residents of this state 20 and who are twenty-one years of age or older for the resident's personal use and not for 21 resale. 22 2. The division may require any owner or applicant seeking a license for the 23 manufacture, sale, transport, consumption, or delivery of intoxicating liquors within 24 this state, as provided in this chapter, to submit fingerprints to the Missouri state 25 highway patrol for the purpose of conducting a state and federal fingerprint-based 26 criminal history background check. The licenses provided by this chapter that require a 27 background check for licensure are as follows: 28 (1) Alcohol carrier or transportation license; 29 (2) Manufacturer-solicitor, domestic winery, or microbrewery liquor license; 30 (3) Primary retail liquor license; 31 (4) Solicitor license; 32 (5) Wholesalers license; and 33 (6) Wine direct shipper license. 34 3. The fingerprints and any required fees shall be sent to the Missouri state 35 highway patrol's central repository. The fingerprints shall be used for searching the 36 state criminal records repository and shall also be forwarded to the Federal Bureau of 37 Investigation for a federal criminal records search under section 43.540. The Missouri 38 state highway patrol shall notify the division of any criminal history record information 39 or lack of criminal history record information discovered on the individual. 40 Notwithstanding the provisions of section 610.120 to the contrary, all records related 41 to any criminal history information discovered shall be accessible and available to the 42 division. 313.912. 1. As used in this section, the following terms mean: 2 (1) "Commission", the Missouri gaming commission; 3 (2) "Fantasy sports contest operator", a sole proprietorship, corporation, 4 partnership, limited liability company, or a division thereof that is engaged in the 5 business of professionally conducting paid fantasy sports contests, as defined under 6 section 313.905, for cash or other prizes or awards for members of the general public 7 that requires cash or cash equivalent as an entry fee to be paid by a member of the 8 general public. 9 2. The commission may require that fingerprint submissions be made as part of 10 an application for a fantasy sports contest operator license by any employees, officers, 11 or directors of a fantasy sports contest operator. HB 3154 3
12 3. If the commission requires that fingerprint submissions be made as part of 13 such application, the commission shall require applicants to submit fingerprints to the 14 Missouri state highway patrol for the purpose of conducting a state and federal 15 fingerprint-based criminal history background check. 16 4. The fingerprints and any required fees shall be sent to the Missouri state 17 highway patrol's central repository. The fingerprints shall be used for searching the 18 state criminal records repository and shall also be forwarded to the Federal Bureau of 19 Investigation for a federal criminal records search under section 43.540. The Missouri 20 state highway patrol shall notify the commission of any criminal history record 21 information or lack of criminal history record information discovered on the individual. 22 Notwithstanding the provisions of section 610.120 to the contrary, all records related to 23 any criminal history information discovered shall be accessible and available to the 24 commission. 313.1000. 1. As used in this section, the following terms mean: 2 (1) "Commission", the Missouri gaming commission; 3 (2) "Excursion gambling boat", the same meaning as such term is defined under 4 section 313.800; 5 (3) "Mobile sports wagering license", a license granted by the Missouri gaming 6 commission authorizing the licensee to offer sports wagering through an online sports 7 wagering platform to individuals physically located in this state; 8 (4) "Retail sports wagering license", a license granted by the Missouri gaming 9 commission authorizing the licensee to offer sports wagering in person to individuals at 10 excursion gambling boats or at any location within each sports district, as approved by 11 each applicable professional sports team that plays its home games in such sports 12 district; 13 (5) "Sports district", the premises of a facility located in this state with a 14 capacity of eleven thousand five hundred people or more, at which one or more 15 professional sports teams play their home games, and the surrounding area within four 16 hundred yards of such premises. 17 2. The commission may require that fingerprint submissions be made as part of 18 an application for a retail sports wagering license or mobile sports wagering license. 19 3. If the commission requires that fingerprint submissions be made as part of 20 such application, the commission shall require applicants to submit fingerprints to the 21 Missouri state highway patrol for the purpose of conducting a state and federal 22 fingerprint-based criminal history background check. 23 4. The fingerprints and any required fees shall be sent to the Missouri state 24 highway patrol's central repository. The fingerprints shall be used for searching the HB 3154 4
25 state criminal records repository and shall also be forwarded to the Federal Bureau of 26 Investigation for a federal criminal records search under section 43.540. The Missouri 27 state highway patrol shall notify the commission of any criminal history record 28 information or lack of criminal history record information discovered on the individual. 29 Notwithstanding the provisions of section 610.120 to the contrary, all records related to 30 any criminal history information discovered shall be accessible and available to the 31 commission. ✔
Statutes affected: