Office of Endowed Care Cemeteries' Survey

The Office is interested in your opinion. Please click on the link below and take a few moments to complete a brief survey. Your email address will not be recorded or stored. Thank you for your participation.

https://stateofmissouri.wufoo.com/forms/z4mqdjl1kdum06/


SB 843 Fee Waiver Statement:

The State of Missouri has made obtaining an occupational license more consumer friendly! On August 28, 2018, section 324.015, RSMo, will become effective. Section 324.015, RSMo, requires licensing authorities within the Division of Professional Registration to waive, upon request, all occupational fees associated with licensing requirements for a period of two years from the date the licensing authority approves the application. The waiver applies to two groups defined in the new statutory language: 1) military families; and 2) low-income individuals.

If you are a member of one of these groups and wish to request the waiver from your licensing authority, make that request to your licensing authority in writing and submit official documentation that you meet the statutory definitions of "military family" or "low-income individual" contained in 324.015.1(3) and (4), RSMo, set forth below. The licensing authority will review your request and determine whether you meet the requirements for the waiver as set forth in 324.015, RSMo. If you do not, the licensing authority will contact you and request the appropriate fees prior to reviewing your application for licensure.

The Division of Professional Registration and licensing authorities are working to promulgate a regulation to implement this section. Please contact your licensing authority for additional information.

324.015. 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;
  2. "Licensing requirement", any required training, education, or fee to work in a specific occupation or profession;
  3. "Low-income individual", any individual:
    1. 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 insurance, financial institutions and professional registration by rule; or
    2. 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 insurance, financial institutions and professional registration 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.


HB 1769 (Filing of False Documents) Statement:

HB 1769, passed by the legislature, signed by the Governor and effective August 28, 2018, creates section 570.095, RSMo, the criminal offense of Filing of False Documents. Section 570.095.1(1), RSMo, identifies 15 categories of records for which someone could be charged with Filing of False Documents. https://house.mo.gov/billtracking/bills181/hlrbillspdf/4534S.04T.pdf. Please review the bill language in the event you file such documents as part of your licensed occupation.


Cemetery Consumer Tips

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The Associated Cemeteries of Missouri (ACM), Office of Endowed Care Cemeteries, Silver-Haired Legislature, interested corporations and others involved in the industry have worked over the past three years on new statutory language governing cemeteries. On July 7, 2010, Governor Nixon signed HB2226, which contained this language, into law and it went into effect on August 28, 2010. Here are some highlights of the new law:

  • Section 214.330.2(1) states that income and principal of the endowed care funds are to be determined under existing trust laws in chapter 469 RSMo. This will impact those with trust agreements allowing capital gains to be regarded as income as it will no longer be permissible.
  • Section 214.330.5 states that if the funds are not in a trust, then they are limited to deposits in FDIC insured accounts or comparable deposit insurance.
  • Section 214.320.1 changes the requirements for deposits from sales of grave or interment spaces to be made monthly rather than semiannually.
  • Sections 214.320.1(2), (3) and (4) change the amount to be deposited for the sale of crypts or niches.
  • Sections 333.310 and 436.410 require any person, company or cemetery selling preneed services or merchandise to now be licensed under chapter 333, 436 or 214 RSMo. (This is due to SB1 going into law last year)
  • Section 214.387.2 requires payments for preneed to be deposited within 60 days of receipt.
  • The full bill text may be accessed at; http://www.house.mo.gov/billtracking/bills101/biltxt/truly/HB2226T.HTM