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SECOND REGULAR SESSION
HOUSE BILL NO. 1907
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE STEINMEYER.
5543H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 355, RSMo, by adding thereto one new section relating to the child
protection through nonprofit integrity act, with penalty provisions and an emer gency
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 355.1 100, to read as follows:
355.1 100. 1. This section shall be known and may be cited as the "Child
2 Pr otection Throu gh Nonpr ofit Integrity Act".
3 2. As used in this section, the following terms shall mean:
4 (1) "Child-serving organization", any nonprof it corporation, cooperative,
5 unincorporated association, chur ch, relig ious institution, charitable organization, youth
6 pr ogram, camp, sports league, school-affiliated grou p, mentorship pro gram, after -
7 school pro gram, child care pr ogram, community center , arts pro gram, counseling
8 pr ogram, or any entity reg istered with the secr etary of state that pr ovides services,
9 pr ogramming, activities, or events in which minors participate, r eceive services, or are
10 beneficiaries;
11 (2) "Cover ed individual", any incorporator , organizer , dire ctor , officer ,
12 employee, contractor , agent, advisor , mentor , coach, teacher , volunteer , or any
13 individual who dir ectly or indirec tly participates in, influences, or has access to the
14 operations, governance, or activities of a child-serving organization;
EXPLANA TION — 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.
15 (3) "Disqualified offender", any individual r equir ed to regist er 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 pr ohibition shall apply to in-person, rem ote, 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 secr etary of state shall req uire all child-serving organizations, upon
25 r egistration and annually ther eafter , to file a certification under penalty of perjury
26 affirming that:
27 (1) No cover ed individual is a disqualified offender; and
28 (2) The organization has conducted a r egistry check of all cover ed individuals
29 thr ough the Missouri sex offender regist ry established under section 589.400.
30 6. The secr etary of state shall r eject any filing, regi stration, or renew al that does
31 not contain the certification requi red 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 dir ector , 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 pr ohibited fr om
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 concurr ent 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 proceed ings to suspend or dissolve the entity if the violation was
46 knowing or rep eated;
47 (3) Seek rem oval of any disqualified offender fr om the organization; or
48 (4) Seek injunctive relief to preven t future violations.
49 10. Any child-serving organization found to have knowingly violated this section
50 shall be ineligible for any state grant, tax cr edit, or public funding for a period of five
51 years following the finding of the violation.
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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 emer gency 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.
✔
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