Missouri Laws 324.015 – Fees, waiver of, when — definitions — procedure — rulemaking authority
1. For purposes of this section, the following terms mean:
(1) “Licensing authority”, any agency, examining board, credentialing board, or other office with the authority to impose occupational fees or licensing requirements on any occupation or profession;
Terms Used In Missouri Laws 324.015
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
(2) “Licensing requirement”, any required training, education, or fee to work in a specific occupation or profession;
(3) “Low-income individual”, any individual:
(a) Whose household adjusted gross income is below one hundred thirty percent of the federal poverty line or a higher threshold to be set by the department of commerce and insurance by rule; or
(b) Who is enrolled in a state or federal public assistance program including, but not limited to, Temporary Assistance for Needy Families, the MO HealthNet program, or the Supplemental Nutrition Assistance Program;
(4) “Military families”, any active duty service members and their spouses and honorably discharged veterans and their spouses. The term “military families” includes surviving spouses of deceased service members who have not remarried;
(5) “Occupational fee”, a fee or tax on professionals or businesses that is charged for the privilege of providing goods or services within a certain jurisdiction;
(6) “Political subdivision”, any city, town, village, or county.
2. All state and political subdivision licensing authorities shall waive all occupational fees and any other fees associated with licensing requirements for military families and low-income individuals for a period of two years beginning on the date an application is approved under subsection 3 of this section. Military families and low-income individuals whose applications are approved shall not be required to pay any occupational fees that become due during the two-year period.
3. Any individual seeking a waiver described under subsection 2 of this section shall apply to the appropriate licensing authority in a format prescribed by the licensing authority. The licensing authority shall approve or deny the application within thirty days of receipt.
4. An individual shall be eligible to receive only one waiver under this section from each licensing authority.
5. The waiver described under subsection 2 of this section shall not apply to fees required to obtain business licenses.
6. State licensing authorities and the department of commerce and insurance shall promulgate rules to implement the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable, and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2018, shall be invalid and void.