Relating to the regulation of certain telecommunications and information technology systems, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section 1. As used in sections 1 to 19 of this act, the following terms mean:

     (1) "Board", the board of telecommunication or information technology systems contractors established in section 2 of this act;

     (2) The category "data communications", the use or operation of any medium, wiring, cabling-infrastructure, equipment, apparatus, devise or component of any kind for transmission of information between distant points with or without connecting media;

     (3) The category, "environmental control", the uses or operation of any medium, wiring, cabling-infrastructure, equipment, apparatus, device or component of any kind for the transmission of information regarding an environmental control system, including, but not limited to heating, ventilation, air condition (HVAC), between two or more points with or without connecting media. Such category is not intended to include such components which are inherent to the operation of an environmental control system, but instead, includes items used for the integration and connection of monitoring, control or display of the system status;

     (4) The category "sound", the uses or operation of any medium, wiring, cabling-infrastructure, equipment, apparatus, device or component of any kind for transmission of sounds and especially music or speech or both music and speech between distant points with or without connecting media for broadcast or disbursement over a defined area;

     (5) "Telecommunication or information systems contractor", a licensed person, firm, partnership or corporation that constructs, erects, installs, maintains, tests, repairs, alters or renovates telecommunication or information technology systems in accordance with the provisions of sections 1 to 19 of this act;

     (6) "Telecommunication or information technology systems" includes, telephone equipment, video equipment, fiber optic equipment, computer systems or any other medium, wiring, cabling-infrastructure, equipment, apparatus, device or component of any kind utilized in the transmission of data, sound, voice, video or other signaling means;

     (7) The category "telephony", the use or operation of any medium, wiring, cabling-infrastructure, equipment, apparatus, device or component of any kind for transmission of sounds and especially speech between distant points with or without connecting media;

     (8) The category "video communications", the use or operation of any medium, wiring, cabling-infrastructure, equipment, apparatus, device or component of any kind for transmission of image or images between distant points reproduced through electrical or other means with or without connecting media.

     Section 2. 1. There is hereby established within the division of professional registration of the department of economic development the "Board of Telecommunication or Information Technology Systems Contractors" which shall be composed of seven members, each of whom shall be a telecommunication or information technology systems professional who shall be qualified for licensing pursuant to the provisions of sections 1 to 19 of this act, either as an individual or as a representative of a firm, partnership or corporation qualified for licensing pursuant to the provisions of sections 1 to 19 of this act. Each of the five categories defined in section 1 of this act shall be represented by a minimum of one telecommunication or information technology systems professional within such category. Each telecommunication or information technology systems professional member of the board shall have been actively engaged in the construction, erection, installation, maintenance, testing, repair, alteration or renovation of telecommunication or information technology systems, as defined in section 1 of this act, for ten consecutive years immediately prior to such member's appointment.

     2. Each member of the board shall be appointed by the governor with the advice and consent of the senate for a term of seven years or until the member's successor is appointed and qualified; except that, the initial appointments to the board shall be made for one, two, three, four, five, six and seven years respectively in order to provide for the expiration of the term of a member each year. Not more than one member of the board shall be directly employed with or by any single business, firm or corporation. Vacancies occurring on the board shall be filled by the governor with the advice and consent of the senate for the unexpired portion of such term. A member appointed for a full term shall not be eligible for more than two consecutive terms. Each member of the board shall take and subscribe to the oath of office required of state officials generally.

     Section 3. 1. A telecommunication or information technology system contractor license shall be issued to any person qualified pursuant to sections 1 to 19 of this act representing himself or herself, individually, or a firm, partnership or corporation engaging in, or about to engage in, the business of designing, installing, altering, servicing or testing telecommunication or information technology systems.

     2. Qualification for licensing shall be evidenced by successfully passing the examination or examinations for any, or all, of the categories of telecommunication and information technology systems as provided in section 1 of this act, and shall be registered to conduct business pursuant to the laws of this state, or as otherwise described in sections 1 to 19 of this act.

     3. The holding of a telecommunication or information technology system contractor license shall authorize the holder to contract for, engage in or perform the actual work of constructing, erecting, installing, maintaining, testing, repairing, altering or renovating the types of telecommunication or information technology systems for which the holder has been granted certification.

     Section 4. 1. Except as provided in section 5 of this act, no individual, firm, partnership or corporation shall provide or offer to provide telecommunication or information technology services as described in sections 1 to 19 of this act, in any county of the first or second classification in this state or use any title, sign, card or device implying that the individual, firm, partnership or corporation is qualified to provide such services unless such individual, firm, partnership or corporation is the holder of a currently valid license issued pursuant to sections 1 to 19 of this act.

     2. Any individual, firm, partnership or corporation that violates subsection 1 of this section is guilty of a class A misdemeanor.

     3. The board may seek injunctive relief in a court of competent jurisdiction to prevent any violation of subsection 1 of this section.

     Section 5. 1. The provisions of sections 1 to 19 of this act shall not apply to:

     (1) The work and equipment employed in connection with the operation of signals, or the transmission of intelligence, where that work and equipment is an integral part of the communication system owned by a municipality or by a public utility company;

     (2) The construction, erection, installation, maintenance, testing, repair, alteration or renovation of any telecommunication or information technology system when such activities are performed directly by the ultimate user of the telecommunication or information technology;

     (3) The work and equipment employed in connection with any public or private radio or television station service, and the station's authorized agents, that have in the station's employ a person holding a valid federal commercial class license granted by the Federal Communication Commission.

     2. The provisions of sections 1 to 19 of this act shall not prohibit the work of a holder of a license as a professional engineer or architect in this state in the performance of such license holder's privileges.

     Section 6. 1. The board shall have the duty and the power to carry out the provisions of sections 1 to 19 of this act, to require, by summons or subpoena, with the advice of the attorney general and upon the vote of two-thirds of its members, the attendance and testimony of witnesses and the production of any document representing any matter under hearing or investigation pertaining to the issuance, renewal, probation, suspension or revocation or a license issued pursuant to sections 1 to 19 of this act.

     2. The board shall, within the scope and purview of the provisions of sections 1 to 19 of this act, prescribe the duties of its members, employees and licensees and adopt, publish and enforce rules and regulations of professional conduct which shall establish and maintain appropriate standards of competence and integrity in the telecommunication or information technology systems profession, and adopt, publish and enforce procedural rules and regulations as may be considered by the board to be necessary or proper for the conduct of the board's business and the management of its affairs, and for the effective administration and interpretation of the provisions of sections 1 to 19 of this act.

     3. The rules and regulations promulgated by the board pursuant to the authority of sections 1 to 19 of this act shall be consistent with the purposes of sections 1 to 19 of this act; except that, other than prescribing standards of competency and integrity as provided in subsection 2 of this section, such rules and regulations shall not place any further restriction or impairment on the ability of a licensed telecommunication or information technology system contractor to perform the acts a holder of such license is entitled to perform, including, but not limited to, a requirement that an electrical contractor accompany or aid a licensed telecommunication or information technology system contractor in the performance of the licensee's duties.

     4. The board shall have the power to establish such subcategories within the five categories provided in section 1 of this act as may be determined to be required to accommodate significant or substantive changes or improvements in current technologies or to accommodate new developments in technologies affecting telecommunication or information technology systems. Such subcategories shall be specifically limited in purpose and scope.

     Section 7. No person shall be liable for prosecution for constructing, erecting, installing, maintaining, testing, repairing, altering or renovating telecommunication or information technology systems without a license for the six-month period after the effective date of sections 1 to 19 of this act.

     Section 8. 1. Applications for examination and licensing as required by the provision of sections 1 to 19 of this act shall be filed with the board, typewritten on prescribed forms furnished to the applicant upon request.

     2. The application shall contain the applicant's statements showing experience and results of any previous telecommunication or information technology systems examinations, if any, and such other pertinent information as the board may require. Each application shall contain a statement that it is made under oath or affirmation and that its representations are true and correct to the best knowledge and belief of the person signing the application, subject to the penalties of making a false affidavit or declaration and shall be accompanied by the required fee.

     3. If the applicant is an individual, such oath or affirmation as provided in subsection 2 of this section shall be subscribed to and sworn to by such individual. If the applicant is a firm, partnership or corporation, the application shall be subscribed to and sworn by an owner in the case of a firm, and by at least one general partner in the case of a partnership, and by a corporate officer in the case of a corporation.

     4. If the applicant is an individual and does not reside or operate a business within the state, or if the applicant is a firm, partnership or corporation and no owner, general partner or corporate officer resides within the state, then the application shall also be subscribed to by an individual having the authority and the responsibility for the management and operations of the business within the state.

     Section 9. 1. After the board has determined upon such inquiry and by such methods as it may consider proper that an applicant possesses the qualifications entitling such applicant to be examined, each such applicant shall appear before the board or its representatives for examination at the time and place specified by the board in a written notice to each such applicant, provided that, the examination shall be given at least once in each calendar year.

     2. The written examination or examinations shall be of such form, content and duration as determined by the board to thoroughly test the qualifications of each applicant.

     3. The board shall establish such rules and regulations for the examination of applicants so as to assure the technical competence of the applicant in one or more of the five categories defined in section 1 of this act as it deems appropriate, but in no case, shall technical competence account for less than sixty-five percent of the mathematical computation of the examination score.

     4. The board shall periodically solicit input from appropriate authorities as to recommendations of subject items to be included in the appropriate portions of the examination.

     Section 10. Reciprocity licensing shall be in accordance with the rules and regulations promulgated by the board. Such reciprocity licensing shall be subject to the condition that the authority of a state, territory or possession of the United States, the District of Columbia or of any foreign country shall grant equivalent reciprocity rights to holders of licenses issued pursuant to sections 1 to 19 of this act.

     Section 11. After the effective date of sections 1 to 19 of this act, but within the six-month period after the effective date of sections 1 to 19 of this act, the board shall, without examination, upon payment of the fees required pursuant to sections 1 to 19 of this act, issue a telecommunication or information technology system contractor license to any applicant who presents satisfactory evidence that the applicant has the qualifications for the type and categories of license applied for, and who has a minimum of three years of verified continual experience constructing, erecting, installing, maintaining, testing, repairing, altering or renovating telecommunication or information technology systems covered by such licenses, as applicable, in this state within the five years immediately preceding the effective date of sections 1 to 19 of this act. An applicant for a telecommunication or information technology system contractor license pursuant to this section shall further provide sworn evidence of satisfactory completion of a minimum of three projects or systems for each category for which application is made.

     Section 12. 1. On a form provided by the board upon request, application for a renewal of a telecommunication or information technology system contractor license shall be filed with the board no less than thirty days prior to the expiration date of the license, subject to the right of the board to permit late filing upon good cause shown.

     2. The board may refuse to renew a telecommunication or information technology system contractor license for any of the grounds set forth in sections 1 to 19 of this act or in rules or regulations that the board promulgates pursuant to sections 1 to 19 of this act and the board shall promptly notify the licensee of its intent to refuse to renew the telecommunication or information technology system contractor license. The licensee may, within fifteen days after receipt of the notice of intent to refuse to renew a telecommunication or information technology system contractor license, request a hearing before the board regarding such refusal. A licensee shall be permitted to continue to engage in business as a telecommunication or information technology system contractor while the licensee's renewal application is pending.

     3. Licenses issued pursuant to sections 1 to 19 of this act shall expire on December thirty-first of each calendar year. A telecommunication or information technology system contractor license may be renewed by payment of the renewal fee required, subject to the provisions of sections 1 to 19 of this act and if the person fails to renew the person's license prior to its expiration the person may not thereafter renew the person's license except upon payment of the renewal fee and an additional fee as required by the board.

     Section 13. 1. Upon payment of the fees required by sections 1 to 19 of this act, an individual, firm, partnership or corporation that has complied with the requirement of sections 1 to 19 of this act shall be entitled to a certificate and identification card indicating that such individual, firm, partnership or corporation is qualified for licensure pursuant to sections 1 to 19 of this act.

     2. A duplicate certificate or identification card to replace one which has been lost, destroyed or mutilated may be issued by the board upon payment of a fee as required by the board.

     Section 14. 1. The board shall set the amount of the fees which sections 1 to 19 of this act authorize and require by rules and regulations promulgated pursuant to section 536.021, RSMo. The fee shall be set at a level to produce revenue which shall not substantially exceed the cost and expense of administering sections 1 to 19 of this act.

     2. No rule or portion of a rule promulgated pursuant to the provisions of sections 1 to 19 of this act shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

     Section 15. 1. The board shall keep a record of its proceedings. The record shall include the name, age and last known address of each applicant for registration, information concerning each applicant's education, experience and other qualifications, the text of all examinations administered and the results of such examinations and such other information as the board deems appropriate. The records of the board shall be prima facie evidence of its proceedings and a certified transcript of such proceedings shall be admissible in evidence with the same force and effect as if the original were produced.

     2. The board shall maintain a roster of licensed telecommunication or information technology system contractors. Copies of the roster shall be made available annually to federal agencies within the state, to city and town officials and may be distributed or sold to the public.

     3. The board shall receive and account for all moneys derived from its activities and shall submit to the governor and the general assembly a report of its transactions of the preceding year.

     Section 16. 1. The board may refuse to issue a license required by sections 1 to 19 of this act, or may revoke or suspend a license required by sections 1 to 19 of this act, for one or any combination of causes stated in subsection 2 of this section. The board shall notify the affected party in writing of the reasons for the refusal and shall advise the affected party of the right to file a complaint with the administrative hearing commission as provided by chapter 621, RSMo.

     2. The board may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of a license required by sections 1 to 19 of this act or any person or entity that has failed to renew or has surrendered the person's or entity's licenses, for any one or any combination of the following causes:

     (1) Use of fraud, deception, misrepresentation or bribery in securing a certificate or license pursuant to sections 1 to 19 of this act;

     (2) Obtaining or attempting to obtain any fee, charge or compensation by fraud, deception or misrepresentation;

     (3) Incompetency, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performance of the functions or duties of a person or entity licensed pursuant to sections 1 to 19 of this act;

     (4) Violation of, or assisting or enabling any person or entity to violate, any provision of sections 1 to 19 of this act, or of any lawful rule or regulation adopted pursuant to sections 1 to 19 of this act;

     (5) Violation of any professional trust or confidence;

     (6) Use of any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed.

     3. After the filing of such complaint, the proceedings shall be conducted in accordance with the provisions of chapter 621, RSMo. Upon a finding by the administrative hearing commission that the grounds provided in subsection 2 of this section are met, the board may censure or place the person or entity named in the complaint on probation on such terms and conditions as the board deems appropriate for a period not to exceed five years, or may suspend, for a period not to exceed three years or may revoke the person's or entity's license.

     4. The board may, in its discretion, issue a license to any applicant denied licensing pursuant to this section upon presentation of suitable evidence of reform. The board may, in its discretion, reissue a license revoked or suspended pursuant to this section upon presentation of suitable evidence of reform.

     5. The attorney general shall act as legal advisor to the board and shall render such legal assistance as may be necessary in carrying out the provisions of sections 1 to 19 of this act.

     Section 17. 1. Any person who believes that a licensed telecommunication or information technology system contractor has acted or failed to act so that the licensee's license should be suspended or revoked pursuant to the provisions of sections 1 to 19 of this act, or who believe that any applicant for a license is not entitled to such license or a renewal of such license pursuant to the provisions of sections 1 to 19 of this act, may file a written affidavit with the board which the person signs and swears to and in which the person shall clearly set forth the reasons for the person's charge or charges.

     2. If the affidavit filed pursuant to subsection 1 of this section does not contain statements of fact which, if true, would authorize, pursuant to the provisions of sections 1 to 19 of this act, suspension or revocation of the accused's license, or does not contain statements of fact which, if true, would authorize, pursuant to the provisions of sections 1 to 19 of this act, the refusal of the renewal of the existing license or the refusal of a license to the applicant, the board shall either immediately dismiss the charge or charges contained in the affidavit, or after an investigation, the board shall either dismiss the charge or charges against the accused or file a written complaint as provided in subsection 2 of this section.

     3. If the affidavit contains statements of fact which, if true, would authorize, pursuant to the provisions of sections 1 to 19 of this act, the revocation or suspension of an accused's license, the board shall cause an investigation to be made of the charge or charges contained in the affidavit and unless the investigation discloses the falsity of the facts upon which the charge or charges in the affidavit are based, the board shall file with the administrative hearing commission a written complaint against the accused setting forth the cause or causes for which the persons's license should be suspended or revoked. After the filing of such complaint, the board shall be governed by and shall proceed in accordance with the provisions of chapter 621, RSMo.

     4. If the charges contained in the affidavit filed with the board would constitute a cause or causes for which pursuant to the provisions of sections 1 to 19 of this act an accused's license should not be renewed or a cause or causes for which pursuant to the provisions of sections 1 to 19 of this act a license should not be issued, the board shall cause an investigation to be made of the charge or charges and unless the investigation discloses the falsity of the facts upon which the charge or charges contained in the affidavit are based, the board shall refuse to permit an applicant to be examined upon the applicant's qualifications for licensure or shall refuse to issue or renew a license, as the case may require.

     5. The provisions of sections 1 to 19 of this act shall not be construed as to prevent the board on its own initiative from instituting and conducting investigations and based thereon to make written complaints to the administrative hearing commission.

     6. If for any reason the provisions of chapter 621, RSMo, become inapplicable to the board, then, and in that event, the board shall proceed to charge, adjudicate and otherwise act in accordance with the provisions of chapter 536, RSMo.

     Section 18. 1. On the effective date of sections 1 to 19 of this act, no county of the first or second classification, or any municipality, county commission, city or political subdivision located in a county of the first or second classification, may enact or enforce an ordinance, order, rule, regulation or other enforcement mechanism which restricts, impairs or regulates the construction, erection, installation, maintenance, testing, repair, alteration or renovation of telecommunication or information technology systems, including telephone equipment, video equipment, fiber optic equipment or computer systems or any other medium, wiring, cabling-infrastructure, equipment, apparatus, device or component of any kind utilized in the transmission of data, sound, voice, video or other signaling means.

     2. The general assembly hereby preempts the field regulating regarding such telecommunication and information technology systems as against all such governmental entities. All existing and any future ordinances, orders, rules, regulations and other enforcement mechanisms regarding such telecommunication or information technology systems enacted by any such governmental entity are null and void.

     3. Insofar as the provisions of sections 1 to 19 of this act are in conflict with the provisions of any other law of this state, the provisions of sections 1 to 19 of this act shall be controlling.

     Section 19. No telecommunication or information technology system contractor license shall be issued until such applicant for such license shall file with the board a surety bond in the amount of ten thousand dollars. The bonds required by this section shall be approved by the attorney general and shall be given for the faithful observance of the provisions of sections 1 to 19 of this act as well as of the rules and regulations promulgated by the board. Such bond:

     (1) Shall indemnify the state of Missouri, any political subdivision of the state, or any person, firm, partnership or corporation for:

     (a) Any damages or injury sustained through the negligence of such applicant, its servants, agents or employees in performing the telecommunication or information technology systems activities described in sections 1 to 19 of this act; or

     (b) Any damages or injury sustained due to such applicant's failure to perform the telecommunication or information technology systems activities described in sections 1 to 19 of this act in a careful and workmanlike manner in conformity with the provisions of sections 1 to 19 of this act and the rules and regulations promulgated by the board; or

     (c) Any damages sustained due to the failure of such applicant to perform any telecommunication or information technology systems activities, as described in sections 1 to 19 of this act, that it has contracted to perform; and

     (2) Shall be for the use of the board in the event of nonpayment of fees, as provided in sections 1 to 19 of this act and the rules and regulations promulgated by the board, within thirty days after the due date.