REAL ESTATE COMMISSION

This act defines "advertising" for the purposes of real estate broker solicitations. Currently, communications of certain entities are not regulated with respect to real estate brokers when real estate advertising is incidental to the operations of the entity. This act adds "Internet communications" to this category.

Under current law, an applicant for a broker license must be a licensed salesperson for at least one year or have, within six months of the application successfully completed the required curriculum from a school accredited by the Missouri Real Estate Commission. This act requires the applicant to be a licensed salesperson for at least two years and complete the required curriculum.

Under current law a licensee's or applicant's license shall be revoked or refused if the licensee or applicant has pleaded guilty to or been found guilty of certain offenses. This act imposes the same action upon licensees or applicants that have pleaded nolo contendere to the same offenses.

This act removes appellate jurisdiction for revocation challenges from the Missouri Real Estate Commission and places it with the Administrative Hearing Commission.

ELEVATOR SAFETY BOARD

This act increases the membership of the elevator safety board from 11 to 13 members. Currently 6 members constitute a quorum and 6 members are allowed to be from the same political party. This act stipulates that 7 members constitute a quorum and 7 members may be from the same political party. The act adds a state licensed professional engineer and a representative of an elevator company that installs, services and maintains elevators but who is not a manufacturer, to the membership of the board. A designee of the director of the Department of Public Safety may represent the director’s membership on the board.

MISSOURI WOMEN’S COUNCIL

Currently, the Missouri Women's Council is required to prepare a state plan and gather annual reports from numerous state departments. This act eliminates these requirements as well as one of two duplicate provisions which authorize a special license plate bearing the council's emblem and the phrase "breast cancer awareness."

The act modifies the council's mission by adding the following requirements: (1) initiate programs to support women making the transition from work to home, operating a home-based business, and working part-time from home; (2) conduct an inventory of existing federal, state, community, and private programs and facilities relating to the economic and employment needs of women and make this information available to Missouri women; and (3) determine which economic and employment problems exist in specific geographic areas of the state by developing a self-sufficiency standard.

MISSOURI DENTAL BOARD

This act repeals a provision that was to sunset on August 28, 2006, which authorizes dental hygienists to provide certain dental treatments to children on Medicaid without the supervision of a dentist.

VETERAN’S COMMISSION

Current law provides that the General Assembly shall encourage the development of any veterans' programs related to outreach and education about the historical significance of veteran service. This act removes provisions related to outreach, and also provides that the Lieutenant Governor, rather than the Veterans' Commission, shall administer the provisions of the act.

This act also provides that the Lieutenant Governor, rather than the Veterans' Commission, shall administer the Veterans' Historical Education Fund, which shall be used solely to fund veterans' education programs, as provided by this act.

STATE BOARD OF PROBATION AND PAROLE

This act authorizes the State Board of Probation and Parole, at its discretion, to conduct probation and parole hearings by means of videoconferencing. The victims are allowed to testify at either the location where the videoconferencing is taking place or at the institution where the offender is located.

BOARD OF ARCHITECTS, ENGINEERS, AND LAND SURVEYORS

This act authorizes the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects to impose civil penalties against licensed and unlicensed persons. Any person who practices architecture, engineering, land surveying or landscape architecture without a valid license may be subject to an administrative action by the board to seek a civil penalty. The board may initiate investigations against the unlicensed person and may issue subpoenas to compel attendance and testimony of witnesses.

The complaint must be filed with the Administrative Hearing Commission, which shall conduct a hearing and issue its findings of fact and conclusions of law. The duties of the commission are amended to include the ability to hear such cases. If the commission finds the unlicensed person has violated this act, then the board may issue a civil penalty not to exceed $5,000 for each day of violation, with a maximum penalty of $25,000. The unlicensed person has the right to appeal the order imposing the fine to a circuit court. Once the case is final, and the penalty is not timely paid, the Attorney General may commence an action to recover the penalty, including reasonable attorney fees and costs and a surcharge of 15% of the penalty plus 10% per year on any amounts owed. The validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.

In any action to impose a civil penalty, whether against a licensed or unlicensed person, the board may assess its reasonable costs and expenses incurred in conducting the investigation and administrative hearing. Finally, the board is authorized to impose a civil penalty against a licensee after a finding by the Administrative Hearing Commission of cause to discipline the license.

An unlicensed person may use a form of the word "engineer" without being subject to disciplinary action if the use is reflective of that person's profession and does not imply that the person is holding himself or herself out as being a professional engineer.

This act is similar to HCS/HB 1339, SCS/HCS/HB 1153, HB 1228, HB 1392, HCS/HB 1746, HB 1432, SB 828, SCS/SB 1026, HCS/SCS/SB 756 and HCS/SCS/SB 798 (2006).

CHRIS HOGERTY