SB 667
Modifies provisions relating to design professionals, school social workers, real estate appraising, and residential construction
Sponsor:
LR Number:
5327L.05C
Last Action:
5/18/2012 - H Calendar S Bills for Third Reading w/HCS
Journal Page:
Title:
HCS SB 667
Calendar Position:
Effective Date:
August 28, 2012
House Handler:

Current Bill Summary

HCS/SB 667 - This act modifies provisions relating to regulation of certain professions.

RESIDENTIAL CONSTRUCTION REGULATORY SYSTEMS (Section 321.228)

This act prohibits fire protection districts from implementing and enforcing a residential construction regulation system in a city, town, village, or county if such a political subdivision has adopted its own regulation system. Any such regulation adopted by a fire protection district will be considered advisory. This act does not prohibit a fire protection district from regulating the placement of fire hydrants, fire hydrant flow rates, fire lanes, or inspecting changes to detached single-family or two-family dwellings.

This section is identical to HB 2101 (2012). The section is similar to a provision contained in SS/SCS/HB 1170 (2012), HCS#2/HB 1358 (2012), HCS/HB 1397 (2012), HCS/HB 1458 (2012), SS/HCS/HB 1623 (2012), SS/HCS/HB 1647 (2012), HCS/SCS/SB 591 (2012), HCS/SB 668 (2012), HCS#2/SCS/SB 729 (2012), HCS/SS/SB 769 (2012) and HCS/SS/SB 781 (2012).

SCHOOL SOCIAL WORKERS (Section 337.647)

This act authorizes the State Committee for Social Work to certify individuals as school social workers. Individuals seeking such a certificate must have a degree in social work from an accredited college or university. They must also either hold an credential in school social work from a nationally recognized credentialing organization for social work or pass a national school social work exam approved by the State Committee for Social Work. The State Committee for Social Work is required to promulgate rules and fees for implementing this act. Certification under this act will not automatically create eligibility for an individual in any retirement system described in Chapter 169.

This section is similar to SB 870 (2012) and HB 1803 (2012). This section is similar to a provision contained in SS/SCS/HCS/HB 1563 (2012).

REAL ESTATE APPRAISING (Sections 339.500 - 339.549)

This act modifies provisions regarding real estate appraisers and appraisal management companies. The Missouri Certified and Licensed Real Estate Appraisers Act is renamed the Missouri Certified and Licensed Real Estate Appraisers and Appraisal Management Company Regulation Act.

The following trainee licenses are created: state-licensed appraiser trainee, state-certified residential appraiser trainee, and state-certified general appraiser trainee. The Missouri Real Estate Appraisers Commission is required to adopt rules and procedures for issuing and regulating the three appraiser trainee licenses. To renew a trainee license, the individual must request an extension at least 30 days before the expiration of the license. Licensed trainees must place their license number beside their title on reports or other documents used in conducting appraisals. Licensed trainees must disclose their addresses to the Commission and any change in address. The Commission may cause complaints to be filed with the Administrative Hearing Commission against licensed trainees. Licensed trainees must comply with the Uniform Standards of Professional Appraisal Practice.

The Missouri Real Estate Appraisers Fund is renamed the Missouri Real Estate Appraisers and Appraisal Management Company Fund. The authority is removed for the Missouri Real Estate Appraisers Commission to extend the terms of certificates or licenses for individuals that failing to renew. The Commission can only issue inactive certificates or licenses for state-certified real estate appraisers or state-licensed real estate appraisers.

The requirement that the signature of the chairman of the Commission and a certificate or assigned license number be on each certificate or license is removed.

Appraisal management companies are exempted from certain licensing and examination requirements. Appraisal management companies must disclose their license numbers on engagement letters. They must notify the Commission of a change in their controlling person, agent of record, ownership, or address within 30 days of a change. The Commission may cause complaints to be filed with the Administrative Hearing Commission against appraisal management companies other than natural persons. Appraisal management company records must be retained for five years and made promptly available to the Commission for inspection and copying. It will be a class B misdemeanor for any company or controlling person to practice any deception or fraud in its identity in connection with an application or holding out to the public or representation as a licensed appraisal management company when it is not. The Commission is required to maintain a registry of the names and addresses of appraisal management companies .

The act adds influencing the development, reporting, or review of an appraisal through certain methods as a reason for the Commission to file a complaint.

These provisions are similar to HCS/HB 1988 (2012) and to provisions contained in HB 1103 (2012), CCS/HCS/SCS/SB 635 (2012) and HCS/SB 813 (2012).

DESIGN PROFESSIONALS PEER REVIEW (Section 537.033)

This act authorizes the establishment of a peer review process for architects, landscape architects, professional land surveyors, and professional engineers.

This act only applies to licensed architects, landscape architects, professional land surveyors, and professional engineers reviewing the type of documents that such a license would be required to draft.

Peer reviews performed by third-party design professionals will be immune from civil liability. Documents created in any peer review process will be subject to discovery unless created in a lessons learned peer review. People in attendance at a lessons learned peer review may not be compelled to disclose information learned in the review unless the information is otherwise discoverable and not immune from discovery.

Nothing in this act will prohibit the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors, and Landscape Architects from obtaining information from a peer reviewer. Any disclosure to the Board will not waive the information's confidentiality or nondiscoverability.

This section is similar to HB 1280 (2012) & SB 326 (2011).

MIKE HAMMANN

Amendments