Missouri 2025 Regular Session

Missouri Senate Bill SB83 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-
2		-	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3		-	and is intended to be omitted in the law.
4		-	FIRST REGULAR SESSION
5		-	SENATE COMMITTEE SUBSTITUTE FOR
	1	+	1309S.02C
	2	+	1
	3	+	SENATE COMMITTEE SUBSTITUTE
	4	+	FOR
6	5		SENATE BILL NO. 83
7		-	103RD GENERAL ASSEMBLY
8		-	1309S.02C KRISTINA MARTIN, Secretary
9	6		AN ACT
10		-	To repeal sections 135.341, 136.055, 302.178, 302.181, 491.075, and 492.304, RSMo, and to enact
11		-	in lieu thereof six new sections relating to child protection.
	7	+	To repeal sections 135.341, 136.055, 302.178,
	8	+	302.181, 491.075, and 492.304, RSMo, and to enact in
	9	+	lieu thereof six new sections relating to child
	10	+	protection.
12	11
13	12		Be it enacted by the General Assembly of the State of Missouri, as follows:
14		-	Section A. Sections 135.341, 136.055, 302.178, 302.181, 1
15		-	491.075, and 492.304, RSMo, are repealed and six new sections 2
16		-	enacted in lieu thereof, to be known as sections 135.341, 3
17		-	136.055, 302.178, 302.181, 491.075, and 492.304, to read as 4
18		-	follows:5
19		-	135.341. 1. As used in this section, the following 1
20		-	terms shall mean: 2
21		-	(1) "CASA", an entity which receives funding from the 3
22		-	court-appointed special advocate fund established under 4
23		-	section 476.777, including an association based in this 5
24		-	state, affiliated with a national association, organized to 6
25		-	provide support to entities receiving funding from the court - 7
26		-	appointed special advocate fund; 8
27		-	(2) "Child advocacy centers", the regional child 9
28		-	assessment centers listed in subsection 2 of section 10
29		-	210.001, including an association based in this state, 11
30		-	affiliated with a national association, and organized to 12
31		-	provide support to entities listed in subsection 2 of 13
32		-	section 210.001; 14 SCS SB 83 2
33		-	(3) "Contribution", the amount of donation to a 15
34		-	qualified agency; 16
35		-	(4) "Crisis care center", entities contracted with 17
36		-	this state which provide temporary care for children whose 18
37		-	age ranges from birth through seventeen years of age whose 19
38		-	parents or guardian are experiencing an unexpected and 20
39		-	unstable or serious condition that requires immediate action 21
40		-	resulting in short-term care, usually three to five 22
41		-	continuous, uninterrupted days, for children who may be at 23
42		-	risk for child abuse, neglect, or in an emergency situation; 24
43		-	(5) "Department", the department of revenue; 25
44		-	(6) "Director", the director of the department of 26
45		-	revenue; 27
46		-	(7) "Qualified agency", CASA, child advocacy ce nters, 28
47		-	or a crisis care center; 29
48		-	(8) "Tax liability", the tax due under chapter 143 30
49		-	other than taxes withheld under sections 143.191 to 143.265. 31
50		-	2. For all tax years beginning on or after January 1, 32
51		-	2013, and ending on or before December 31, 2024, a tax 33
52		-	credit may be claimed in an amount equal to up to fifty 34
53		-	percent of a verified contribution to a qualified agency and 35
54		-	shall be named the champion for children tax credit. For 36
55		-	all tax years beginning on or after January 1, 2025, a tax 37
56		-	credit may be claimed in an amount not to exceed seventy 38
57		-	percent of a verified contribution to a qualified agency. 39
58		-	The minimum amount of any tax credit issued shall not be 40
59		-	less than fifty dollars and shall be applied to taxes due 41
60		-	under chapter 143, excludi ng sections 143.191 to 143.265. 42
61		-	For all tax years beginning on or after January 1, 2025, a 43
62		-	taxpayer shall not be allowed to claim a tax credit pursuant 44
63		-	to this section in excess of fifty thousand dollars in any 45
64		-	tax year. A contribution verification s hall be issued to 46 SCS SB 83 3
65		-	the taxpayer by the agency receiving the contribution. Such 47
66		-	contribution verification shall include the taxpayer's name, 48
67		-	Social Security number, amount of tax credit, amount of 49
68		-	contribution, the name and address of the agency receivi ng 50
69		-	the credit, and the date the contribution was made. The tax 51
70		-	credit provided under this subsection shall be initially 52
71		-	filed for the year in which the verified contribution is 53
72		-	made. 54
73		-	3. The cumulative amount of the tax credits redeemed 55
74		-	shall not exceed one million dollars for all fiscal years 56
75		-	ending on or before June 30, 2019 [, and]; one million five 57
76		-	hundred thousand dollars for all fiscal years beginning on 58
77		-	or after July 1, 2019 , and ending on or before June 30, 59
78		-	2025; and two million five h undred thousand dollars for all 60
79		-	fiscal years beginning on or after July 1, 2025 . The amount 61
80		-	available shall be equally divided among the three qualified 62
81		-	agencies: CASA, child advocacy centers, or crisis care 63
82		-	centers, to be used towards tax credits is sued. In the 64
83		-	event tax credits claimed under one agency do not total the 65
84		-	allocated amount for that agency, the unused portion for 66
85		-	that agency will be made available to the remaining agencies 67
86		-	equally. In the event the total amount of tax credits 68
87		-	claimed for any one agency exceeds the amount available for 69
88		-	that agency, the amount redeemed shall and will be 70
89		-	apportioned equally to all eligible taxpayers claiming the 71
90		-	credit under that agency. 72
91		-	4. Prior to December thirty -first of each year, each 73
92		-	qualified agency shall apply to the department of social 74
93		-	services in order to verify their qualified agency status. 75
94		-	Upon a determination that the agency is eligible to be a 76
95		-	qualified agency, the department of social services shall 77
96		-	provide a letter of e ligibility to such agency. No later 78 SCS SB 83 4
97		-	than February first of each year, the department of social 79
98		-	services shall provide a list of qualified agencies to the 80
99		-	department of revenue. All tax credit applications to claim 81
100		-	the champion for children tax credit shall be filed between 82
101		-	July first and April fifteenth of each fiscal year. A 83
102		-	taxpayer shall apply for the champion for children tax 84
103		-	credit by attaching a copy of the contribution verification 85
104		-	provided by a qualified agency to such taxpayer's income t ax 86
105		-	return. 87
106		-	5. Any amount of tax credit which exceeds the tax due 88
107		-	or which is applied for and otherwise eligible for issuance 89
108		-	but not issued shall not be refunded but may be carried over 90
109		-	to any subsequent tax year, not to exceed a total of five 91
110		-	years. 92
111		-	6. Tax credits may not be assigned, transferred or 93
112		-	sold. 94
113		-	7. [(1)] In the event a full or partial credit 95
114		-	denial, due to [lack of available funds ] the cumulative 96
115		-	maximum amount of credits being redeemed for the fiscal 97
116		-	year, causes [a balance-due notice] an income tax balance 98
117		-	due to be [generated by the department of revenue, or any 99
118		-	other redeeming agency ] owed to the state by the taxpayer , 100
119		-	the taxpayer [will] shall not be held liable for any 101
120		-	addition to tax, penalty, or interest on that income tax 102
121		-	balance due, provided the balance is paid, or approved 103
122		-	payment arrangements have been made, within sixty days from 104
123		-	the issuance of notice of credit denial. 105
124		-	[(2) In the event the balance is not paid within sixty 106
125		-	days from the notice of denial, the remaining balance shall 107
126		-	be due and payable under the provisions of chapter 143. ] 108
127		-	8. The department may promulgate such rules or 109
128		-	regulations as are necessary to administer the provisions of 110 SCS SB 83 5
129		-	this section. Any rule or portion of a r ule, as that term 111
130		-	is defined in section 536.010, that is created under the 112
131		-	authority delegated in this section shall become effective 113
132		-	only if it complies with and is subject to all of the 114
133		-	provisions of chapter 536 and, if applicable, section 115
134		-	536.028. This section and chapter 536 are nonseverable and 116
135		-	if any of the powers vested with the general assembly 117
136		-	pursuant to chapter 536 to review, to delay the effective 118
137		-	date, or to disapprove and annul a rule are subsequently 119
138		-	held unconstitutional, then the grant of rulemaking 120
139		-	authority and any rule proposed or adopted after August 28, 121
140		-	2013, shall be invalid and void. 122
141		-	9. Pursuant to section 23.253, of the Missouri sunset 123
142		-	act: 124
143		-	(1) The program authorized under this section shall be 125
144		-	reauthorized as of [December 31, 2019] August 28, 2025, and 126
145		-	shall expire on December 31, [2025] 2031, unless 127
146		-	reauthorized by the general assembly; and 128
147		-	(2) This section shall terminate on September first of 129
148		-	the calendar year immediately following the calendar y ear in 130
149		-	which the program authorized under this section is sunset; 131
150		-	and 132
151		-	(3) The provisions of this subsection shall not be 133
152		-	construed to limit or in any way impair the department's 134
153		-	ability to redeem tax credits authorized on or before the 135
154		-	date the program authorized under this section expires or a 136
155		-	taxpayer's ability to redeem such credits. 137
156		-	10. Beginning on March 29, 2013, any verified 138
157		-	contribution to a qualified agency made on or after January 139
158		-	1, 2013, shall be eligible for tax credits as p rovided by 140
159		-	this section. 141 SCS SB 83 6
160		-	136.055. 1. Except as provided in subsection 8 of 1
161		-	this section, any person who is selected or appointed by the 2
162		-	state director of revenue as provided in subsection 2 of 3
163		-	this section to act as an agent of the department of 4
164		-	revenue, whose duties shall be the processing of motor 5
165		-	vehicle title and registration transactions and the 6
166		-	collection of sales and use taxes when required under 7
167		-	sections 144.070 and 144.440, and who receives no salary 8
168		-	from the department of revenue, shall be authorized to 9
169		-	collect from the party requiring such services additional 10
170		-	fees as compensation in full and for all services rendered 11
171		-	on the following basis: 12
172		-	(1) For each motor vehicle or trailer registration 13
173		-	issued, renewed or transferred, six dollars and twelve 14
174		-	dollars for those licenses sold or biennially renewed 15
175		-	pursuant to section 301.147; 16
176		-	(2) For each application or transfer of title, six 17
177		-	dollars; 18
178		-	(3) For each instruction permit, nondriver license, 19
179		-	chauffeur's, operator's or driver's license issued for a 20
180		-	period of three years or less, six dollars and twelve 21
181		-	dollars for licenses or instruction permits issued or 22
182		-	renewed for a period exceeding three years; 23
183		-	(4) For each notice of lien processed, six do llars; 24
184		-	(5) Notary fee or electronic transmission per 25
185		-	processing, two dollars. 26
186		-	2. The director of revenue shall award fee office 27
187		-	contracts under this section through a competitive bidding 28
188		-	process. The competitive bidding process shall give 29
189		-	priority to organizations and entities that are exempt from 30
190		-	taxation under Section 501(c)(3), 501(c)(6), or 501(c)(4), 31
191		-	except those civic organizations that would be considered 32 SCS SB 83 7
192		-	action organizations under 26 C.F.R. Section 1.501 (c)(3) - 33
193		-	1(c)(3), of the Internal Revenue Code of 1986, as amended, 34
194		-	with special consideration given to those organizations and 35
195		-	entities that reinvest a minimum of seventy -five percent of 36
196		-	the net proceeds to charitable organizations in Missouri, 37
197		-	and political subdivisions, incl uding but not limited to, 38
198		-	municipalities, counties, and fire protection districts. 39
199		-	The director of the department of revenue may promulgate 40
200		-	rules and regulations necessary to carry out the provisions 41
201		-	of this subsection. Any rule or portion of a rule, as that 42
202		-	term is defined in section 536.010, that is created under 43
203		-	the authority delegated in this subsection shall become 44
204		-	effective only if it complies with and is subject to all of 45
205		-	the provisions of chapter 536 and, if applicable, section 46
206		-	536.028. This section and chapter 536 are nonseverable and 47
207		-	if any of the powers vested with the general assembly 48
208		-	pursuant to chapter 536 to review, to delay the effective 49
209		-	date, or to disapprove and annul a rule are subsequently 50
210		-	held unconstitutional, then the g rant of rulemaking 51
211		-	authority and any rule proposed or adopted after August 28, 52
212		-	2009, shall be invalid and void. 53
213		-	3. All fees collected by a tax -exempt organization may 54
214		-	be retained and used by the organization. 55
215		-	4. All fees charged shall not ex ceed those in this 56
216		-	section. The fees imposed by this section shall be 57
217		-	collected by all permanent offices and all full -time or 58
218		-	temporary offices maintained by the department of revenue. 59
219		-	5. Any person acting as agent of the department of 60
220		-	revenue for the sale and issuance of registrations, 61
221		-	licenses, and other documents related to motor vehicles 62
222		-	shall have an insurable interest in all license plates, 63 SCS SB 83 8
223		-	licenses, tabs, forms and other documents held on behalf of 64
224		-	the department. 65
225		-	6. The fees authorized by this section shall not be 66
226		-	collected by motor vehicle dealers acting as agents of the 67
227		-	department of revenue under section 32.095 or those motor 68
228		-	vehicle dealers authorized to collect and remit sales tax 69
229		-	under subsection 10 of section 144.070. 70
230		-	7. Notwithstanding any other provision of law to the 71
231		-	contrary, the state auditor may audit all records maintained 72
232		-	and established by the fee office in the same manner as the 73
233		-	auditor may audit any agency of the state, and the 74
234		-	department shall ensu re that this audit requirement is a 75
235		-	necessary condition for the award of all fee office 76
236		-	contracts. No confidential records shall be divulged in 77
237		-	such a way to reveal personally identifiable information. 78
238		-	8. The fees described in subsection 1 of thi s section 79
239		-	shall not be collected from any person who qualifies as a 80
240		-	homeless child or homeless youth, as defined in subsection 1 81
241		-	of section 167.020, or as an unaccompanied youth as defined 82
242		-	in 42 U.S.C. Section 11434a(6). Such person's status as a 83
243		-	homeless child or youth or unaccompanied youth shall be 84
244		-	verified by a letter signed by one of the following persons: 85
245		-	(1) A director or designee of a governmental or 86
246		-	nonprofit agency that receives public or private funding to 87
247		-	provide services to homel ess persons; 88
248		-	(2) A local education agency liaison for homeless 89
249		-	children and youth designated under 42 U.S.C. Section 90
250		-	11432(g)(1)(J)(ii), or a school social worker or counselor; 91
251		-	or 92
252		-	(3) A licensed attorney representing the minor in any 93
253		-	legal matter. 94 SCS SB 83 9
254		-	302.178. 1. Any person between the ages of sixteen 1
255		-	and eighteen years who is qualified to obtain a license 2
256		-	pursuant to sections 302.010 to 302.340 may apply for, and 3
257		-	the director shall issue, an intermediate driver's license 4
258		-	entitling the applicant, while having such license in his or 5
259		-	her possession, to operate a motor vehicle of the 6
260		-	appropriate class upon the highways of this state in 7
261		-	conjunction with the requirements of this section. An 8
262		-	intermediate driver's license s hall be readily 9
263		-	distinguishable from a license issued to those over the age 10
264		-	of eighteen. All applicants for an intermediate driver's 11
265		-	license shall: 12
266		-	(1) Successfully complete the examination required by 13
267		-	section 302.173; 14
268		-	(2) Pay the fee required by subsection 4 of this 15
269		-	section; 16
270		-	(3) Have had a temporary instruction permit issued 17
271		-	pursuant to subsection 1 of section 302.130 for at least a 18
272		-	six-month period or a valid license from another state; and 19
273		-	(4) Have a parent, grandparent, l egal guardian, or, if 20
274		-	the applicant is a participant in a federal residential job 21
275		-	training program, a driving instructor employed by a federal 22
276		-	residential job training program, sign the application 23
277		-	stating that the applicant has completed at least fort y 24
278		-	hours of supervised driving experience under a temporary 25
279		-	instruction permit issued pursuant to subsection 1 of 26
280		-	section 302.130, or, if the applicant is an emancipated 27
281		-	minor, the person over twenty -one years of age who 28
282		-	supervised such driving. For purposes of this section, the 29
283		-	term "emancipated minor" means a person who is at least 30
284		-	sixteen years of age, but less than eighteen years of age, 31
285		-	who: 32 SCS SB 83 10
286		-	(a) Marries with the consent of the legal custodial 33
287		-	parent or legal guardian pursuant to section 451.080; 34
288		-	(b) Has been declared emancipated by a court of 35
289		-	competent jurisdiction; 36
290		-	(c) Enters active duty in the Armed Forces; 37
291		-	(d) Has written consent to the emancipation from the 38
292		-	custodial parent or legal guardian; [or] 39
293		-	(e) Through employment or other means provides for 40
294		-	such person's own food, shelter and other cost -of-living 41
295		-	expenses; or 42
296		-	(f) Qualifies as a homeless child or homeless youth, 43
297		-	as defined in subsection 1 of section 167.020, or as an 44
298		-	unaccompanied youth as defi ned in 42 U.S.C. Section 45
299		-	11434a(6), and whose status as such is verified as provided 46
300		-	under subsection 10 of this section; 47
301		-	(5) Have had no alcohol-related enforcement contacts 48
302		-	as defined in section 302.525 during the preceding twelve 49
303		-	months; and 50
304		-	(6) Have no nonalcoholic traffic convictions for which 51
305		-	points are assessed pursuant to section 302.302, within the 52
306		-	preceding six months. 53
307		-	2. An intermediate driver's license grants the 54
308		-	licensee the same privileges to operate that classificatio n 55
309		-	of motor vehicle as a license issued pursuant to section 56
310		-	302.177, except that no person shall operate a motor vehicle 57
311		-	on the highways of this state under such an intermediate 58
312		-	driver's license between the hours of 1:00 a.m. and 5:00 59
313		-	a.m. unless accompanied by a person described in subsection 60
314		-	1 of section 302.130; except the licensee may operate a 61
315		-	motor vehicle without being accompanied if the travel is to 62
316		-	or from a school or educational program or activity, a 63 SCS SB 83 11
317		-	regular place of employment or in emer gency situations as 64
318		-	defined by the director by regulation. 65
319		-	3. Each intermediate driver's license shall be 66
320		-	restricted by requiring that the driver and all passengers 67
321		-	in the licensee's vehicle wear safety belts at all times. 68
322		-	This safety belt restr iction shall not apply to a person 69
323		-	operating a motorcycle. For the first six months after 70
324		-	issuance of the intermediate driver's license, the holder of 71
325		-	the license shall not operate a motor vehicle with more than 72
326		-	one passenger who is under the age of n ineteen who is not a 73
327		-	member of the holder's immediate family. As used in this 74
328		-	subsection, an intermediate driver's license holder's 75
329		-	immediate family shall include brothers, sisters, 76
330		-	stepbrothers or stepsisters of the driver, including adopted 77
331		-	or foster children residing in the same household of the 78
332		-	intermediate driver's license holder. After the expiration 79
333		-	of the first six months, the holder of an intermediate 80
334		-	driver's license shall not operate a motor vehicle with more 81
335		-	than three passengers who are under nineteen years of age 82
336		-	and who are not members of the holder's immediate family. 83
337		-	The passenger restrictions of this subsection shall not be 84
338		-	applicable to any intermediate driver's license holder who 85
339		-	is operating a motor vehicle being used in agricultural work- 86
340		-	related activities. 87
341		-	4. Notwithstanding the provisions of section 302.177 88
342		-	to the contrary, the fee for an intermediate driver's 89
343		-	license shall be five dollars and such license shall be 90
344		-	valid for a period of two years. Such fee shall be waived 91
345		-	for any person qualifying as an emancipated minor under 92
346		-	subdivision (4) of subsection 1 of this section. 93
347		-	5. Any intermediate driver's licensee accumulating six 94
348		-	or more points in a twelve -month period may be required to 95 SCS SB 83 12
349		-	participate in and successfully complete a driver - 96
350		-	improvement program approved by the state highways and 97
351		-	transportation commission. The driver-improvement program 98
352		-	ordered by the director of revenue shall not be used in lieu 99
353		-	of point assessment. 100
354		-	6. (1) An intermediate driver's licensee who has, for 101
355		-	the preceding twelve -month period, had no alcohol -related 102
356		-	enforcement contacts, as defined in section 302.525 and no 103
357		-	traffic convictions for which points are assessed, upon 104
358		-	reaching the age of eighteen years or within the thirty days 105
359		-	immediately preceding their eighteenth birthday may apply 106
360		-	for and receive without further examination, other than a 107
361		-	vision test as prescribed by section 302.173, a license 108
362		-	issued pursuant to this chapter granting full driving 109
363		-	privileges. Such person shall pay the required fee for such 110
364		-	license as prescribed in section 302.177. 111
365		-	(2) If an intermediate driver's license expires on a 112
366		-	Saturday, Sunday, or legal holiday, such license shall 113
367		-	remain valid for the five business da ys immediately 114
368		-	following the expiration date. In no case shall a licensee 115
369		-	whose intermediate driver's license expires on a Saturday, 116
370		-	Sunday, or legal holiday be guilty of an offense of driving 117
371		-	with an expired or invalid driver's license if such offens e 118
372		-	occurred within five business days immediately following an 119
373		-	expiration date that occurs on a Saturday, Sunday, or legal 120
374		-	holiday. 121
375		-	(3) The director of revenue shall deny an application 122
376		-	for a full driver's license until the person has had no 123
377		-	traffic convictions for which points are assessed for a 124
378		-	period of twelve months prior to the date of application for 125
379		-	license or until the person is eligible to apply for a six - 126
380		-	year driver's license as provided for in section 302.177, 127 SCS SB 83 13
381		-	provided the applicant is otherwise eligible for full 128
382		-	driving privileges. An intermediate driver's license shall 129
383		-	expire when the licensee is eligible and receives a full 130
384		-	driver's license as prescribed in subdivision (1) of this 131
385		-	section. 132
386		-	7. No person upon reaching the age of eighteen years 133
387		-	whose intermediate driver's license and driving privilege is 134
388		-	denied, suspended, cancelled or revoked in this state or any 135
389		-	other state for any reason may apply for a full driver's 136
390		-	license until such license or driving privilege is fully 137
391		-	reinstated. Any such person whose intermediate driver's 138
392		-	license has been revoked pursuant to the provisions of 139
393		-	sections 302.010 to 302.540 shall, upon receipt of 140
394		-	reinstatement of the revocation from the director, pass the 141
395		-	complete driver exami nation, apply for a new license, and 142
396		-	pay the proper fee before again operating a motor vehicle 143
397		-	upon the highways of this state. 144
398		-	8. A person shall be exempt from the intermediate 145
399		-	licensing requirements if the person has reached the age of 146
400		-	eighteen years and meets all other licensing requirements. 147
401		-	9. Any person who violates any of the provisions of 148
402		-	this section relating to intermediate drivers' licenses or 149
403		-	the provisions of section 302.130 relating to temporary 150
404		-	instruction permits is guilty of an infraction, and no 151
405		-	points shall be assessed to his or her driving record for 152
406		-	any such violation. 153
407		-	10. A person's status as a homeless child or youth or 154
408		-	unaccompanied youth under paragraph (f) of subdivision (4) 155
409		-	of subsection 1 of this secti on shall be verified by a 156
410		-	letter signed by one of the following persons: 157 SCS SB 83 14
411		-	(1) A director or designee of a governmental or 158
412		-	nonprofit agency that receives public or private funding to 159
413		-	provide services to homeless persons; 160
414		-	(2) A local education agency liaison for homeless 161
415		-	children and youth designated under 42 U.S.C. Section 162
416		-	11432(g)(1)(J)(ii), or a school social worker or counselor; 163
417		-	or 164
418		-	(3) A licensed attorney representing the minor in any 165
419		-	legal matter. 166
420		-	11. Any rule or portion of a rule, as that term is 167
421		-	defined in section 536.010, that is created under the 168
422		-	authority delegated in this section shall become effective 169
423		-	only if it complies with and is subject to all of the 170
424		-	provisions of chapter 536 and, if applicable, section 171
425		-	536.028. This section and chapter 536 are nonseverable and 172
426		-	if any of the powers vested with the general assembly 173
427		-	pursuant to chapter 536 to review, to delay the effective 174
428		-	date or to disapprove and annul a rule are subsequently held 175
429		-	unconstitutional, then th e grant of rulemaking authority and 176
430		-	any rule proposed or adopted after August 28, 2000, shall be 177
431		-	invalid and void. 178
432		-	302.181. 1. The license issued pursuant to the 1
433		-	provisions of sections 302.010 to 302.340 shall be in such 2
434		-	form as the director shall prescribe, but the license shall 3
435		-	be a card made of plastic or other comparable material. All 4
436		-	licenses shall be manufactured of materials and processes 5
437		-	that will prohibit, as nearly as possible, the ability to 6
438		-	reproduce, alter, counter feit, forge, or duplicate any 7
439		-	license without ready detection. The license shall also 8
440		-	bear the expiration date of the license, the classification 9
441		-	of the license, the name, date of birth, residence address 10
442		-	including the county of residence or a code nu mber 11 SCS SB 83 15
443		-	corresponding to such county established by the department, 12
444		-	and brief description and colored digitized image of the 13
445		-	licensee, and a facsimile of the signature of the licensee. 14
446		-	The director shall provide by administrative rule the 15
447		-	procedure and format for a licensee to indicate on the back 16
448		-	of the license together with the designation for an 17
449		-	anatomical gift as provided in section 194.240 the name and 18
450		-	address of the person designated pursuant to sections 19
451		-	404.800 to 404.865 as the licensee's att orney in fact for 20
452		-	the purposes of a durable power of attorney for health care 21
453		-	decisions. No license shall be valid until it has been so 22
454		-	signed by the licensee. If any portion of the license is 23
455		-	prepared by a private firm, any contract with such firm 24
456		-	shall be made in accordance with the competitive purchasing 25
457		-	procedures as established by the state director of the 26
458		-	division of purchasing. 27
459		-	2. All digital images produced for licenses shall 28
460		-	become the property of the department of revenue. 29
461		-	3. The license issued shall be carried at all times by 30
462		-	the holder thereof while driving a motor vehicle, and shall 31
463		-	be displayed upon demand of any officer of the highway 32
464		-	patrol, or any police officer or peace officer, or any other 33
465		-	duly authorized person, for inspection when demand is made 34
466		-	therefor. Failure of any operator of a motor vehicle to 35
467		-	exhibit his or her license to any duly authorized officer 36
468		-	shall be presumptive evidence that such person is not a duly 37
469		-	licensed operator. 38
470		-	4. The director of revenue shall not issue a license 39
471		-	without a facial digital image of the license applicant, 40
472		-	except as provided pursuant to subsection 7 of this 41
473		-	section. A digital image of the applicant's full facial 42
474		-	features shall be taken in a manner prescribed b y the 43 SCS SB 83 16
475		-	director. No digital image shall be taken wearing anything 44
476		-	which cloaks the facial features of the individual. 45
477		-	5. The department of revenue may issue a temporary 46
478		-	license or a full license without the photograph or with the 47
479		-	last photograph or digital image in the department's records 48
480		-	to members of the Armed Forces, except that where such 49
481		-	temporary license is issued it shall be valid only until the 50
482		-	applicant shall have had time to appear and have his or her 51
483		-	picture taken and a license wit h his or her photograph 52
484		-	issued. 53
485		-	6. The department of revenue shall issue upon request 54
486		-	a nondriver's license card containing essentially the same 55
487		-	information and photograph or digital image, except as 56
488		-	provided pursuant to subsection 7 of this sect ion, as the 57
489		-	driver's license upon payment of six dollars. All 58
490		-	nondriver's licenses shall expire on the applicant's 59
491		-	birthday in the sixth year after issuance. A person who has 60
492		-	passed his or her seventieth birthday shall upon application 61
493		-	be issued a nonexpiring nondriver's license card. 62
494		-	Notwithstanding any other provision of this chapter, a 63
495		-	nondriver's license containing a concealed carry endorsement 64
496		-	shall expire three years from the date the certificate of 65
497		-	qualification was issued pursuant to sec tion 571.101, as 66
498		-	section 571.101 existed prior to August 28, 2013. The fee 67
499		-	for nondriver's licenses issued for a period exceeding three 68
500		-	years is six dollars or three dollars for nondriver's 69
501		-	licenses issued for a period of three years or less. The 70
502		-	nondriver's license card shall be used for identification 71
503		-	purposes only and shall not be valid as a license. No fee 72
504		-	shall be required or collected from a homeless child or 73
505		-	homeless youth, as defined in subsection 1 of section 74
506		-	167.020, or unaccompanied y outh, as defined in 42 U.S.C. 75 SCS SB 83 17
507		-	Section 11434a(6), for a first nondriver's license card 76
508		-	issued under this subsection. Such person's status as a 77
509		-	homeless child or youth or unaccompanied youth shall be 78
510		-	verified by a letter signed by one of the following p ersons: 79
511		-	(1) A director or designee of a governmental or 80
512		-	nonprofit agency that receives public or private funding to 81
513		-	provide services to homeless persons; 82
514		-	(2) A local education agency liaison for homeless 83
515		-	children and youth designated under 4 2 U.S.C. Section 84
516		-	11432(g)(1)(J)(ii), or a school social worker or counselor; 85
517		-	or 86
518		-	(3) A licensed attorney representing the minor in any 87
519		-	legal matter. 88
520		-	7. If otherwise eligible, an applicant may receive a 89
521		-	driver's license or nondriver's license without a photograph 90
522		-	or digital image of the applicant's full facial features 91
523		-	except that such applicant's photograph or digital image 92
524		-	shall be taken and maintained by the director and not 93
525		-	printed on such license. In order to qualify for a license 94
526		-	without a photograph or digital image pursuant to this 95
527		-	section the applicant must: 96
528		-	(1) Present a form provided by the department of 97
529		-	revenue requesting the applicant's photograph be omitted 98
530		-	from the license or nondriver's license due to religious 99
531		-	affiliations. The form shall be signed by the applicant and 100
532		-	another member of the religious tenant verifying the 101
533		-	photograph or digital image exemption on the license or 102
534		-	nondriver's license is required as part of their religious 103
535		-	affiliation. The required signatures on the prescribed form 104
536		-	shall be properly notarized; 105
537		-	(2) Provide satisfactory proof to the director that 106
538		-	the applicant has been a United States citizen for at least 107 SCS SB 83 18
539		-	five years and a resident of this state for at least one 108
540		-	year, except that an applicant moving to this state 109
541		-	possessing a valid driver's license from another state 110
542		-	without a photograph shall be exempt from the one -year state 111
543		-	residency requirement. The director may establish rules 112
544		-	necessary to determine satisfactory pr oof of citizenship and 113
545		-	residency pursuant to this section; 114
546		-	(3) Applications for a driver's license or nondriver's 115
547		-	license without a photograph or digital image must be made 116
548		-	in person at a license office determined by the director. 117
549		-	The director is authorized to limit the number of offices 118
550		-	that may issue a driver's or nondriver's license without a 119
551		-	photograph or digital image pursuant to this section. 120
552		-	8. The department of revenue shall make available, at 121
553		-	one or more locations within the sta te, an opportunity for 122
554		-	individuals to have their full facial photograph taken by an 123
555		-	employee of the department of revenue, or their designee, 124
556		-	who is of the same sex as the individual being photographed, 125
557		-	in a segregated location. 126
558		-	9. Beginning July 1, 2005, the director shall not 127
559		-	issue a driver's license or a nondriver's license for a 128
560		-	period that exceeds an applicant's lawful presence in the 129
561		-	United States. The director may, by rule or regulation, 130
562		-	establish procedures to verify the lawful presen ce of the 131
563		-	applicant and establish the duration of any driver's license 132
564		-	or nondriver's license issued under this section. 133
565		-	10. (1) Notwithstanding any biometric data 134
566		-	restrictions contained in section 302.170, the department of 135
567		-	revenue is hereby au thorized to design and implement a 136
568		-	secure digital driver's license program that allows 137
569		-	applicants applying for a driver's license in accordance 138
570		-	with this chapter to obtain a secure digital driver's 139 SCS SB 83 19
571		-	license in addition to the physical card -based license 140
572		-	specified in this section. 141
573		-	(2) A digital driver's license as described in this 142
574		-	subsection shall be accepted for all purposes for which a 143
575		-	license, as defined in section 302.010, is used. 144
576		-	(3) The department may contract with one or more 145
577		-	entities to develop the secure digital driver's license 146
578		-	system. The department or entity may develop a mobile 147
579		-	software application capable of being utilized through a 148
580		-	person's electronic device to access the person's secure 149
581		-	digital driver's license. 150
582		-	(4) The department shall suspend, disable, or 151
583		-	terminate a person's participation in the secure digital 152
584		-	driver's license program if: 153
585		-	(a) The person's driving privilege is suspended, 154
586		-	revoked, denied, withdrawn, or cancelled as provided in this 155
587		-	chapter; or 156
588		-	(b) The person reports that the person's electronic 157
589		-	device has been lost, stolen, or compromised. 158
590		-	11. The director of the department of revenue may 159
591		-	promulgate rules as necessary for the implementation of this 160
592		-	section. Any rule or portion of a rule, as that term is 161
593		-	defined in section 536.010 that is created under the 162
594		-	authority delegated in this section shall become effective 163
595		-	only if it complies with and is subject to all of the 164
596		-	provisions of chapter 536 and, if applicable, sectio n 165
597		-	536.028. This section and chapter 536 are nonseverable and 166
598		-	if any of the powers vested with the general assembly 167
599		-	pursuant to chapter 536 to review, to delay the effective 168
600		-	date, or to disapprove and annul a rule are subsequently 169
601		-	held unconstitutiona l, then the grant of rulemaking 170 SCS SB 83 20
602		-	authority and any rule proposed or adopted after August 28, 171
603		-	2020, shall be invalid and void. 172
604		-	491.075. 1. A statement made by a child under the age 1
605		-	of [fourteen] eighteen, or a vulnerable person, relat ing to 2
606		-	an offense under chapter 565, 566, 568 or 573, performed by 3
607		-	another, not otherwise admissible by statute or court rule, 4
608		-	is admissible in evidence in criminal proceedings in the 5
609		-	courts of this state as substantive evidence to prove the 6
610		-	truth of the matter asserted if: 7
611		-	(1) The court finds, in a hearing conducted outside 8
612		-	the presence of the jury that the time, content and 9
613		-	circumstances of the statement provide sufficient indicia of 10
614		-	reliability; and 11
615		-	(2) (a) The child or vulnerable per son testifies at 12
616		-	the proceedings; or 13
617		-	(b) The child or vulnerable person is unavailable as a 14
618		-	witness; or 15
619		-	(c) The child or vulnerable person is otherwise 16
620		-	physically available as a witness but the court finds that 17
621		-	the significant emotional or psychological trauma which 18
622		-	would result from testifying in the personal presence of the 19
623		-	defendant makes the child or vulnerable person unavailable 20
624		-	as a witness at the time of the criminal proceeding. 21
625		-	2. Notwithstanding subsection 1 of this section or any 22
626		-	provision of law or rule of evidence requiring corroboration 23
627		-	of statements, admissions or confessions of the defendant, 24
628		-	and notwithstanding any prohibition of hearsay evidence, a 25
629		-	statement by a child when under the age of [fourteen] 26
630		-	eighteen, or a vulnerable person, who is alleged to be 27
631		-	victim of an offense under chapter 565, 566, 568 or 573 is 28
632		-	sufficient corroboration of a statement, admission or 29
633		-	confession regardless of whether or not the child or 30 SCS SB 83 21
634		-	vulnerable person is available to testify regarding the 31
635		-	offense. 32
636		-	3. A statement may not be admitted under this section 33
637		-	unless the prosecuting attorney makes known to the accused 34
638		-	or the accused's counsel his or her intention to offer the 35
639		-	statement and the particulars of the statement suf ficiently 36
640		-	in advance of the proceedings to provide the accused or the 37
641		-	accused's counsel with a fair opportunity to prepare to meet 38
642		-	the statement. 39
643		-	4. Nothing in this section shall be construed to limit 40
644		-	the admissibility of statements, admissions o r confessions 41
645		-	otherwise admissible by law. 42
646		-	5. For the purposes of this section, "vulnerable 43
647		-	person" shall mean a person who, as a result of an 44
648		-	inadequately developed or impaired intelligence or a 45
649		-	psychiatric disorder that materially affects abili ty to 46
650		-	function, lacks the mental capacity to consent, or whose 47
651		-	developmental level does not exceed that of an ordinary 48
652		-	child of fourteen years of age. 49
653		-	492.304. 1. In addition to the admissibility of a 1
654		-	statement under the provisions of section 492.303, the 2
655		-	visual and aural recording of a verbal or nonverbal 3
656		-	statement of a child when under the age of [fourteen who is 4
657		-	alleged to be a victim of ] eighteen, relating to an offense 5
658		-	under the provisions of chapter 565, 566 [or], 568, or 573, 6
659		-	if performed by another, is admissible into evidence if: 7
660		-	(1) No attorney for either party was present when the 8
661		-	statement was made; except that, for any statement taken at 9
662		-	a state-funded child assessment center as provided for in 10
663		-	subsection 2 of section 210.001, an attorney representing 11
664		-	the state of Missouri in a criminal investigation may, as a 12
665		-	member of a multidisciplinary investigation team, observe 13 SCS SB 83 22
666		-	the taking of such statement, but such attorney shall not be 14
667		-	present in the room where t he interview is being conducted; 15
668		-	(2) The recording is both visual and aural and is 16
669		-	recorded on film or videotape or by other electronic means; 17
670		-	(3) The recording equipment was capable of making an 18
671		-	accurate recording, the operator of the equipm ent was 19
672		-	competent, and the recording is accurate and has not been 20
673		-	altered; 21
674		-	(4) The statement was not made in response to 22
675		-	questioning calculated to lead the child to make a 23
676		-	particular statement or to act in a particular way; 24
677		-	(5) Every voice on the recording is identified; 25
678		-	(6) The person conducting the interview of the child 26
679		-	in the recording is present at the proceeding and available 27
680		-	to testify or be cross -examined by either party; and 28
681		-	(7) The defendant or the attorney for the de fendant is 29
682		-	afforded an opportunity to view the recording before it is 30
683		-	offered into evidence. 31
684		-	2. If the child does not testify at the proceeding, 32
685		-	the visual and aural recording of a verbal or nonverbal 33
686		-	statement of the child shall not be admissibl e under this 34
687		-	section unless the recording qualifies for admission under 35
688		-	section 491.075. 36
689		-	3. If the visual and aural recording of a verbal or 37
690		-	nonverbal statement of a child is admissible under this 38
691		-	section and the child testifies at the proceeding , it shall 39
692		-	be admissible in addition to the testimony of the child at 40
693		-	the proceeding whether or not it repeats or duplicates the 41
694		-	child's testimony. 42
695		-	4. As used in this section, a nonverbal statement 43
696		-	shall be defined as any demonstration of the chi ld by his or 44
697		-	her actions, facial expressions, demonstrations with a doll 45 SCS SB 83 23
698		-	or other visual aid whether or not this demonstration is 46
699		-	accompanied by words. 47
700		-	
	13	+	Section A. Sections 135.341, 136.055, 302.178, 302.181,
	14	+	491.075, and 492.304, RSMo, are repealed and six new sections
	15	+	enacted in lieu thereof, to be known as sections 135.341,
	16	+	136.055, 302.178, 302.181, 491.075, and 492.304, to read as
	17	+	follows:
	18	+	135.341. 1. As used in this section, the following
	19	+	terms shall mean:
	20	+	(1) "CASA", an entity which receives funding from the
	21	+	court-appointed special advocate fund established under
	22	+	section 476.777, including an association based in this
	23	+	state, affiliated with a national association, organized to
	24	+	provide support to entities receiving funding from the court -
	25	+	appointed special advocate fund;
	26	+	(2) "Child advocacy centers", the regional child
	27	+	assessment centers listed in subsection 2 of section
	28	+	210.001, including an association based in this state,
	29	+	affiliated with a national association, and organized to
	30	+	provide support to entities listed in subsection 2 of
	31	+	section 210.001;
	32	+	(3) "Contribution", the amount of donation to a
	33	+	qualified agency;
	34	+	(4) "Crisis care center", entities contracted with
	35	+	this state which provide temporary care for children whose
	36	+	age ranges from birth through seventeen years of age whose
	37	+	2
	38	+	parents or guardian are experiencing an unexpected and
	39	+	unstable or serious condition that requires immediate action
	40	+	resulting in short-term care, usually three to five
	41	+	continuous, uninterrupted days, for children who may be at
	42	+	risk for child abuse, neglect, or in an emergency situation;
	43	+	(5) "Department", the departmen t of revenue;
	44	+	(6) "Director", the director of the department of
	45	+	revenue;
	46	+	(7) "Qualified agency", CASA, child advocacy centers,
	47	+	or a crisis care center;
	48	+	(8) "Tax liability", the tax due under chapter 143
	49	+	other than taxes withheld under sections 143.191 to 143.265.
	50	+	2. For all tax years beginning on or after January 1,
	51	+	2013, and ending on or before December 31, 2024 a tax credit
	52	+	may be claimed in an amount equal to up to fifty percent of
	53	+	a verified contribution to a qualified agen cy and shall be
	54	+	named the champion for children tax credit. For all tax
	55	+	years beginning on or after January 1, 2025, a tax credit
	56	+	may be claimed in an amount not to exceed seventy percent of
	57	+	a verified contribution to a qualified agency. The minimum
	58	+	amount of any tax credit issued shall not be less than fifty
	59	+	dollars and shall be applied to taxes due under chapter 143,
	60	+	excluding sections 143.191 to 143.265. For all tax years
	61	+	beginning on or after January 1, 2025, a taxpayer shall not
	62	+	be allowed to claim a tax credit pursuant to this section in
	63	+	excess of fifty thousand dollars in any tax year. A
	64	+	contribution verification shall be issued to the taxpayer by
	65	+	the agency receiving the contribution. Such contribution
	66	+	verification shall include the taxpayer's name, Social
	67	+	Security number, amount of tax credit, amount of
	68	+	contribution, the name and address of the agency receiving
	69	+	the credit, and the date the contribution was made. The tax
	70	+	credit provided under this subsection shall be initially
	71	+	3
	72	+	filed for the year in which the verified contribution is
	73	+	made.
	74	+	3. The cumulative amount of the tax credits redeemed
	75	+	shall not exceed one million dollars for all fiscal years
	76	+	ending on or before June 30, 2019 [, and]; one million five
	77	+	hundred thousand dollars for all fiscal years beginning on
	78	+	or after July 1, 2019 , and ending on or before June 30,
	79	+	2025; and two million five hundred thousand dollars for all
	80	+	fiscal years beginning on or after July 1, 2025 . The amount
	81	+	available shall be equally di vided among the three qualified
	82	+	agencies: CASA, child advocacy centers, or crisis care
	83	+	centers, to be used towards tax credits issued. In the
	84	+	event tax credits claimed under one agency do not total the
	85	+	allocated amount for that agency, the unused por tion for
	86	+	that agency will be made available to the remaining agencies
	87	+	equally. In the event the total amount of tax credits
	88	+	claimed for any one agency exceeds the amount available for
	89	+	that agency, the amount redeemed shall and will be
	90	+	apportioned equally to all eligible taxpayers claiming the
	91	+	credit under that agency.
	92	+	4. Prior to December thirty -first of each year, each
	93	+	qualified agency shall apply to the department of social
	94	+	services in order to verify their qualified agency status.
	95	+	Upon a determination that the agency is eligible to be a
	96	+	qualified agency, the department of social services shall
	97	+	provide a letter of eligibility to such agency. No later
	98	+	than February first of each year, the department of social
	99	+	services shall provide a l ist of qualified agencies to the
	100	+	department of revenue. All tax credit applications to claim
	101	+	the champion for children tax credit shall be filed between
	102	+	July first and April fifteenth of each fiscal year. A
	103	+	taxpayer shall apply for the champion for c hildren tax
	104	+	credit by attaching a copy of the contribution verification
	105	+	4
	106	+	provided by a qualified agency to such taxpayer's income tax
	107	+	return.
	108	+	5. Any amount of tax credit which exceeds the tax due
	109	+	or which is applied for and otherwise eligible for issuance
	110	+	but not issued shall not be refunded but may be carried over
	111	+	to any subsequent tax year, not to exceed a total of five
	112	+	years.
	113	+	6. Tax credits may not be assigned, transferred or
	114	+	sold.
	115	+	7. [(1)] In the event a full or partial credit
	116	+	denial, due to [lack of available funds ] the cumulative
	117	+	maximum amount of credits being redeemed for the fiscal
	118	+	year, causes [a balance-due notice] an income tax balance
	119	+	due to be [generated by the department of revenue, or any
	120	+	other redeeming agency ] owed to the state by the taxpayer ,
	121	+	the taxpayer [will] shall not be held liable for any
	122	+	addition to tax, penalty, or interest on that income tax
	123	+	balance due, provided the balance is paid, or approved
	124	+	payment arrangements have been made, within sixty d ays from
	125	+	the issuance of notice of credit denial.
	126	+	[(2) In the event the balance is not paid within sixty
	127	+	days from the notice of denial, the remaining balance shall
	128	+	be due and payable under the provisions of chapter 143. ]
	129	+	8. The department may promulgate such rules or
	130	+	regulations as are necessary to administer the provisions of
	131	+	this section. Any rule or portion of a rule, as that term
	132	+	is defined in section 536.010, that is created under the
	133	+	authority delegated in this section shall becom e effective
	134	+	only if it complies with and is subject to all of the
	135	+	provisions of chapter 536 and, if applicable, section
	136	+	536.028. This section and chapter 536 are nonseverable and
	137	+	if any of the powers vested with the general assembly
	138	+	pursuant to chapter 536 to review, to delay the effective
	139	+	5
	140	+	date, or to disapprove and annul a rule are subsequently
	141	+	held unconstitutional, then the grant of rulemaking
	142	+	authority and any rule proposed or adopted after August 28,
	143	+	2013, shall be invalid and void.
	144	+	9. Pursuant to section 23.253, of the Missouri sunset
	145	+	act:
	146	+	(1) The program authorized under this section shall be
	147	+	reauthorized as of [December 31, 2019] August 28, 2025, and
	148	+	shall expire on December 31, [2025] 2031, unless
	149	+	reauthorized by the genera l assembly; and
	150	+	(2) This section shall terminate on September first of
	151	+	the calendar year immediately following the calendar year in
	152	+	which the program authorized under this section is sunset;
	153	+	and
	154	+	(3) The provisions of this subsection shall no t be
	155	+	construed to limit or in any way impair the department's
	156	+	ability to redeem tax credits authorized on or before the
	157	+	date the program authorized under this section expires or a
	158	+	taxpayer's ability to redeem such credits.
	159	+	10. Beginning on March 29, 2013, any verified
	160	+	contribution to a qualified agency made on or after January
	161	+	1, 2013, shall be eligible for tax credits as provided by
	162	+	this section.
	163	+	136.055. 1. Except as provided in subsection 8 of
	164	+	this section, any person who is selected or appointed by the
	165	+	state director of revenue as provided in subsection 2 of
	166	+	this section to act as an agent of the department of
	167	+	revenue, whose duties shall be the processing of motor
	168	+	vehicle title and registration transactions and the
	169	+	collection of sales and use taxes when required under
	170	+	sections 144.070 and 144.440, and who receives no salary
	171	+	from the department of revenue, shall be authorized to
	172	+	collect from the party requiring such services additional
	173	+	6
	174	+	fees as compensation in full a nd for all services rendered
	175	+	on the following basis:
	176	+	(1) For each motor vehicle or trailer registration
	177	+	issued, renewed or transferred, six dollars and twelve
	178	+	dollars for those licenses sold or biennially renewed
	179	+	pursuant to section 301.147;
	180	+	(2) For each application or transfer of title, six
	181	+	dollars;
	182	+	(3) For each instruction permit, nondriver license,
	183	+	chauffeur's, operator's or driver's license issued for a
	184	+	period of three years or less, six dollars and twelve
	185	+	dollars for licenses or instruction permits issued or
	186	+	renewed for a period exceeding three years;
	187	+	(4) For each notice of lien processed, six dollars;
	188	+	(5) Notary fee or electronic transmission per
	189	+	processing, two dollars.
	190	+	2. The director of revenue shall awa rd fee office
	191	+	contracts under this section through a competitive bidding
	192	+	process. The competitive bidding process shall give
	193	+	priority to organizations and entities that are exempt from
	194	+	taxation under Section 501(c)(3), 501(c)(6), or 501(c)(4),
	195	+	except those civic organizations that would be considered
	196	+	action organizations under 26 C.F.R. Section 1.501 (c)(3) -
	197	+	1(c)(3), of the Internal Revenue Code of 1986, as amended,
	198	+	with special consideration given to those organizations and
	199	+	entities that reinvest a minimum of seventy -five percent of
	200	+	the net proceeds to charitable organizations in Missouri,
	201	+	and political subdivisions, including but not limited to,
	202	+	municipalities, counties, and fire protection districts.
	203	+	The director of the department of revenue may promulgate
	204	+	rules and regulations necessary to carry out the provisions
	205	+	of this subsection. Any rule or portion of a rule, as that
	206	+	term is defined in section 536.010, that is created under
	207	+	7
	208	+	the authority delegated in this subsection shall become
	209	+	effective only if it complies with and is subject to all of
	210	+	the provisions of chapter 536 and, if applicable, section
	211	+	536.028. This section and chapter 536 are nonseverable and
	212	+	if any of the powers vested with the general assembly
	213	+	pursuant to chapter 5 36 to review, to delay the effective
	214	+	date, or to disapprove and annul a rule are subsequently
	215	+	held unconstitutional, then the grant of rulemaking
	216	+	authority and any rule proposed or adopted after August 28,
	217	+	2009, shall be invalid and void.
	218	+	3. All fees collected by a tax -exempt organization may
	219	+	be retained and used by the organization.
	220	+	4. All fees charged shall not exceed those in this
	221	+	section. The fees imposed by this section shall be
	222	+	collected by all permanent offices and all full -time or
	223	+	temporary offices maintained by the department of revenue.
	224	+	5. Any person acting as agent of the department of
	225	+	revenue for the sale and issuance of registrations,
	226	+	licenses, and other documents related to motor vehicles
	227	+	shall have an insurable in terest in all license plates,
	228	+	licenses, tabs, forms and other documents held on behalf of
	229	+	the department.
	230	+	6. The fees authorized by this section shall not be
	231	+	collected by motor vehicle dealers acting as agents of the
	232	+	department of revenue under s ection 32.095 or those motor
	233	+	vehicle dealers authorized to collect and remit sales tax
	234	+	under subsection 10 of section 144.070.
	235	+	7. Notwithstanding any other provision of law to the
	236	+	contrary, the state auditor may audit all records maintained
	237	+	and established by the fee office in the same manner as the
	238	+	auditor may audit any agency of the state, and the
	239	+	department shall ensure that this audit requirement is a
	240	+	necessary condition for the award of all fee office
	241	+	8
	242	+	contracts. No confidential records s hall be divulged in
	243	+	such a way to reveal personally identifiable information.
	244	+	8. The fees described in subsection 1 of this section
	245	+	shall not be collected from any person who qualifies as a
	246	+	homeless child or homeless youth, as defined in subsectio n 1
	247	+	of section 167.020, or as an unaccompanied youth as defined
	248	+	in 42 U.S.C. Section 11434a(6). Such person's status as a
	249	+	homeless child or youth or unaccompanied youth shall be
	250	+	verified by a letter signed by one of the following persons:
	251	+	(1) A director or designee of a governmental or
	252	+	nonprofit agency that receives public or private funding to
	253	+	provide services to homeless persons;
	254	+	(2) A local education agency liaison for homeless
	255	+	children and youth designated under 42 U.S.C. Section
	256	+	11432(g)(1)(J)(ii), or a school social worker or counselor;
	257	+	or
	258	+	(3) A licensed attorney representing the minor in any
	259	+	legal matter.
	260	+	302.178. 1. Any person between the ages of sixteen
	261	+	and eighteen years who is qualified to obtain a l icense
	262	+	pursuant to sections 302.010 to 302.340 may apply for, and
	263	+	the director shall issue, an intermediate driver's license
	264	+	entitling the applicant, while having such license in his or
	265	+	her possession, to operate a motor vehicle of the
	266	+	appropriate class upon the highways of this state in
	267	+	conjunction with the requirements of this section. An
	268	+	intermediate driver's license shall be readily
	269	+	distinguishable from a license issued to those over the age
	270	+	of eighteen. All applicants for an intermediate dri ver's
	271	+	license shall:
	272	+	(1) Successfully complete the examination required by
	273	+	section 302.173;
	274	+	9
	275	+	(2) Pay the fee required by subsection 4 of this
	276	+	section;
	277	+	(3) Have had a temporary instruction permit issued
	278	+	pursuant to subsection 1 of secti on 302.130 for at least a
	279	+	six-month period or a valid license from another state; and
	280	+	(4) Have a parent, grandparent, legal guardian, or, if
	281	+	the applicant is a participant in a federal residential job
	282	+	training program, a driving instructor employe d by a federal
	283	+	residential job training program, sign the application
	284	+	stating that the applicant has completed at least forty
	285	+	hours of supervised driving experience under a temporary
	286	+	instruction permit issued pursuant to subsection 1 of
	287	+	section 302.130, or, if the applicant is an emancipated
	288	+	minor, the person over twenty -one years of age who
	289	+	supervised such driving. For purposes of this section, the
	290	+	term "emancipated minor" means a person who is at least
	291	+	sixteen years of age, but less than eightee n years of age,
	292	+	who:
	293	+	(a) Marries with the consent of the legal custodial
	294	+	parent or legal guardian pursuant to section 451.080;
	295	+	(b) Has been declared emancipated by a court of
	296	+	competent jurisdiction;
	297	+	(c) Enters active duty in the Armed Forces;
	298	+	(d) Has written consent to the emancipation from the
	299	+	custodial parent or legal guardian; [or]
	300	+	(e) Through employment or other means provides for
	301	+	such person's own food, shelter and other cost -of-living
	302	+	expenses; or
	303	+	(f) Qualifies as a homeless child or homeless youth,
	304	+	as defined in subsection 1 of section 167.020, or as an
	305	+	unaccompanied youth as defined in 42 U.S.C. Section
	306	+	11434a(6), and whose status as such is verified as provided
	307	+	under subsection 10 of this section;
	308	+	10
	309	+	(5) Have had no alcohol-related enforcement contacts
	310	+	as defined in section 302.525 during the preceding twelve
	311	+	months; and
	312	+	(6) Have no nonalcoholic traffic convictions for which
	313	+	points are assessed pursuant to section 302.302, within the
	314	+	preceding six months.
	315	+	2. An intermediate driver's license grants the
	316	+	licensee the same privileges to operate that classification
	317	+	of motor vehicle as a license issued pursuant to section
	318	+	302.177, except that no person shall operate a motor vehicle
	319	+	on the highways of this state under such an intermediate
	320	+	driver's license between the hours of 1:00 a.m. and 5:00
	321	+	a.m. unless accompanied by a person described in subsection
	322	+	1 of section 302.130; except the licensee may operate a
	323	+	motor vehicle without being a ccompanied if the travel is to
	324	+	or from a school or educational program or activity, a
	325	+	regular place of employment or in emergency situations as
	326	+	defined by the director by regulation.
	327	+	3. Each intermediate driver's license shall be
	328	+	restricted by requiring that the driver and all passengers
	329	+	in the licensee's vehicle wear safety belts at all times.
	330	+	This safety belt restriction shall not apply to a person
	331	+	operating a motorcycle. For the first six months after
	332	+	issuance of the intermediate driver's license, the holder of
	333	+	the license shall not operate a motor vehicle with more than
	334	+	one passenger who is under the age of nineteen who is not a
	335	+	member of the holder's immediate family. As used in this
	336	+	subsection, an intermediate driver's license hold er's
	337	+	immediate family shall include brothers, sisters,
	338	+	stepbrothers or stepsisters of the driver, including adopted
	339	+	or foster children residing in the same household of the
	340	+	intermediate driver's license holder. After the expiration
	341	+	of the first six months, the holder of an intermediate
	342	+	11
	343	+	driver's license shall not operate a motor vehicle with more
	344	+	than three passengers who are under nineteen years of age
	345	+	and who are not members of the holder's immediate family.
	346	+	The passenger restrictions of this su bsection shall not be
	347	+	applicable to any intermediate driver's license holder who
	348	+	is operating a motor vehicle being used in agricultural work -
	349	+	related activities.
	350	+	4. Notwithstanding the provisions of section 302.177
	351	+	to the contrary, the fee for an intermediate driver's
	352	+	license shall be five dollars and such license shall be
	353	+	valid for a period of two years. Such fee shall be waived
	354	+	for any person qualifying as an emancipated minor under
	355	+	subdivision (4) of subsection 1 of this section.
	356	+	5. Any intermediate driver's licensee accumulating six
	357	+	or more points in a twelve -month period may be required to
	358	+	participate in and successfully complete a driver -
	359	+	improvement program approved by the state highways and
	360	+	transportation commission. The driver-improvement program
	361	+	ordered by the director of revenue shall not be used in lieu
	362	+	of point assessment.
	363	+	6. (1) An intermediate driver's licensee who has, for
	364	+	the preceding twelve -month period, had no alcohol -related
	365	+	enforcement contacts, as def ined in section 302.525 and no
	366	+	traffic convictions for which points are assessed, upon
	367	+	reaching the age of eighteen years or within the thirty days
	368	+	immediately preceding their eighteenth birthday may apply
	369	+	for and receive without further examination, o ther than a
	370	+	vision test as prescribed by section 302.173, a license
	371	+	issued pursuant to this chapter granting full driving
	372	+	privileges. Such person shall pay the required fee for such
	373	+	license as prescribed in section 302.177.
	374	+	(2) If an intermediate driver's license expires on a
	375	+	Saturday, Sunday, or legal holiday, such license shall
	376	+	12
	377	+	remain valid for the five business days immediately
	378	+	following the expiration date. In no case shall a licensee
	379	+	whose intermediate driver's license expires on a Satu rday,
	380	+	Sunday, or legal holiday be guilty of an offense of driving
	381	+	with an expired or invalid driver's license if such offense
	382	+	occurred within five business days immediately following an
	383	+	expiration date that occurs on a Saturday, Sunday, or legal
	384	+	holiday.
	385	+	(3) The director of revenue shall deny an application
	386	+	for a full driver's license until the person has had no
	387	+	traffic convictions for which points are assessed for a
	388	+	period of twelve months prior to the date of application for
	389	+	license or until the person is eligible to apply for a six -
	390	+	year driver's license as provided for in section 302.177,
	391	+	provided the applicant is otherwise eligible for full
	392	+	driving privileges. An intermediate driver's license shall
	393	+	expire when the licensee is eligible and receives a full
	394	+	driver's license as prescribed in subdivision (1) of this
	395	+	section.
	396	+	7. No person upon reaching the age of eighteen years
	397	+	whose intermediate driver's license and driving privilege is
	398	+	denied, suspended, cancelled or revoked in t his state or any
	399	+	other state for any reason may apply for a full driver's
	400	+	license until such license or driving privilege is fully
	401	+	reinstated. Any such person whose intermediate driver's
	402	+	license has been revoked pursuant to the provisions of
	403	+	sections 302.010 to 302.540 shall, upon receipt of
	404	+	reinstatement of the revocation from the director, pass the
	405	+	complete driver examination, apply for a new license, and
	406	+	pay the proper fee before again operating a motor vehicle
	407	+	upon the highways of this state.
	408	+	13
	409	+	8. A person shall be exempt from the intermediate
	410	+	licensing requirements if the person has reached the age of
	411	+	eighteen years and meets all other licensing requirements.
	412	+	9. Any person who violates any of the provisions of
	413	+	this section relatin g to intermediate drivers' licenses or
	414	+	the provisions of section 302.130 relating to temporary
	415	+	instruction permits is guilty of an infraction, and no
	416	+	points shall be assessed to his or her driving record for
	417	+	any such violation.
	418	+	10. A person's status as a homeless child or youth or
	419	+	unaccompanied youth under paragraph (f) of subdivision (4)
	420	+	of subsection 1 of this section shall be verified by a
	421	+	letter signed by one of the following persons:
	422	+	(1) A director or designee of a governmental or
	423	+	nonprofit agency that receives public or private funding to
	424	+	provide services to homeless persons;
	425	+	(2) A local education agency liaison for homeless
	426	+	children and youth designated under 42 U.S.C. Section
	427	+	11432(g)(1)(J)(ii), or a school social worker or counselor;
	428	+	or
	429	+	(3) A licensed attorney representing the minor in any
	430	+	legal matter.
	431	+	11. Any rule or portion of a rule, as that term is
	432	+	defined in section 536.010, that is created under the
	433	+	authority delegated in this section shall become e ffective
	434	+	only if it complies with and is subject to all of the
	435	+	provisions of chapter 536 and, if applicable, section
	436	+	536.028. This section and chapter 536 are nonseverable and
	437	+	if any of the powers vested with the general assembly
	438	+	pursuant to chapter 536 to review, to delay the effective
	439	+	date or to disapprove and annul a rule are subsequently held
	440	+	unconstitutional, then the grant of rulemaking authority and
	441	+	14
	442	+	any rule proposed or adopted after August 28, 2000, shall be
	443	+	invalid and void.
	444	+	302.181. 1. The license issued pursuant to the
	445	+	provisions of sections 302.010 to 302.340 shall be in such
	446	+	form as the director shall prescribe, but the license shall
	447	+	be a card made of plastic or other comparable material. All
	448	+	licenses shall be ma nufactured of materials and processes
	449	+	that will prohibit, as nearly as possible, the ability to
	450	+	reproduce, alter, counterfeit, forge, or duplicate any
	451	+	license without ready detection. The license shall also
	452	+	bear the expiration date of the license, the classification
	453	+	of the license, the name, date of birth, residence address
	454	+	including the county of residence or a code number
	455	+	corresponding to such county established by the department,
	456	+	and brief description and colored digitized image of the
	457	+	licensee, and a facsimile of the signature of the licensee.
	458	+	The director shall provide by administrative rule the
	459	+	procedure and format for a licensee to indicate on the back
	460	+	of the license together with the designation for an
	461	+	anatomical gift as provided in se ction 194.240 the name and
	462	+	address of the person designated pursuant to sections
	463	+	404.800 to 404.865 as the licensee's attorney in fact for
	464	+	the purposes of a durable power of attorney for health care
	465	+	decisions. No license shall be valid until it has be en so
	466	+	signed by the licensee. If any portion of the license is
	467	+	prepared by a private firm, any contract with such firm
	468	+	shall be made in accordance with the competitive purchasing
	469	+	procedures as established by the state director of the
	470	+	division of purchasing.
	471	+	2. All digital images produced for licenses shall
	472	+	become the property of the department of revenue.
	473	+	3. The license issued shall be carried at all times by
	474	+	the holder thereof while driving a motor vehicle, and shall
	475	+	15
	476	+	be displayed upon demand of any officer of the highway
	477	+	patrol, or any police officer or peace officer, or any other
	478	+	duly authorized person, for inspection when demand is made
	479	+	therefor. Failure of any operator of a motor vehicle to
	480	+	exhibit his or her license to any duly authorized officer
	481	+	shall be presumptive evidence that such person is not a duly
	482	+	licensed operator.
	483	+	4. The director of revenue shall not issue a license
	484	+	without a facial digital image of the license applicant,
	485	+	except as provided pursuant to subse ction 7 of this
	486	+	section. A digital image of the applicant's full facial
	487	+	features shall be taken in a manner prescribed by the
	488	+	director. No digital image shall be taken wearing anything
	489	+	which cloaks the facial features of the individual.
	490	+	5. The department of revenue may issue a temporary
	491	+	license or a full license without the photograph or with the
	492	+	last photograph or digital image in the department's records
	493	+	to members of the Armed Forces, except that where such
	494	+	temporary license is issued it shall be valid only until the
	495	+	applicant shall have had time to appear and have his or her
	496	+	picture taken and a license with his or her photograph
	497	+	issued.
	498	+	6. The department of revenue shall issue upon request
	499	+	a nondriver's license card containing e ssentially the same
	500	+	information and photograph or digital image, except as
	501	+	provided pursuant to subsection 7 of this section, as the
	502	+	driver's license upon payment of six dollars. All
	503	+	nondriver's licenses shall expire on the applicant's
	504	+	birthday in the sixth year after issuance. A person who has
	505	+	passed his or her seventieth birthday shall upon application
	506	+	be issued a nonexpiring nondriver's license card.
	507	+	Notwithstanding any other provision of this chapter, a
	508	+	nondriver's license containing a conce aled carry endorsement
	509	+	16
	510	+	shall expire three years from the date the certificate of
	511	+	qualification was issued pursuant to section 571.101, as
	512	+	section 571.101 existed prior to August 28, 2013. The fee
	513	+	for nondriver's licenses issued for a period exceeding three
	514	+	years is six dollars or three dollars for nondriver's
	515	+	licenses issued for a period of three years or less. The
	516	+	nondriver's license card shall be used for identification
	517	+	purposes only and shall not be valid as a license. No fee
	518	+	shall be required or collected from a homeless child or
	519	+	homeless youth, as defined in subsection 1 of section
	520	+	167.020, or unaccompanied youth, as defined in 42 U.S.C.
	521	+	Section 11434a(6), for a first nondriver's license card
	522	+	issued under this subsection. Such person's status as a
	523	+	homeless child or youth or unaccompanied youth shall be
	524	+	verified by a letter signed by one of the following persons:
	525	+	(1) A director or designee of a governmental or
	526	+	nonprofit agency that receives public or private funding to
	527	+	provide services to homeless persons;
	528	+	(2) A local education agency liaison for homeless
	529	+	children and youth designated under 42 U.S.C. Section
	530	+	11432(g)(1)(J)(ii), or a school social worker or counselor;
	531	+	or
	532	+	(3) A licensed attorney representing the mino r in any
	533	+	legal matter.
	534	+	7. If otherwise eligible, an applicant may receive a
	535	+	driver's license or nondriver's license without a photograph
	536	+	or digital image of the applicant's full facial features
	537	+	except that such applicant's photograph or digital i mage
	538	+	shall be taken and maintained by the director and not
	539	+	printed on such license. In order to qualify for a license
	540	+	without a photograph or digital image pursuant to this
	541	+	section the applicant must:
	542	+	17
	543	+	(1) Present a form provided by the departmen t of
	544	+	revenue requesting the applicant's photograph be omitted
	545	+	from the license or nondriver's license due to religious
	546	+	affiliations. The form shall be signed by the applicant and
	547	+	another member of the religious tenant verifying the
	548	+	photograph or digital image exemption on the license or
	549	+	nondriver's license is required as part of their religious
	550	+	affiliation. The required signatures on the prescribed form
	551	+	shall be properly notarized;
	552	+	(2) Provide satisfactory proof to the director that
	553	+	the applicant has been a United States citizen for at least
	554	+	five years and a resident of this state for at least one
	555	+	year, except that an applicant moving to this state
	556	+	possessing a valid driver's license from another state
	557	+	without a photograph shall be exemp t from the one-year state
	558	+	residency requirement. The director may establish rules
	559	+	necessary to determine satisfactory proof of citizenship and
	560	+	residency pursuant to this section;
	561	+	(3) Applications for a driver's license or nondriver's
	562	+	license without a photograph or digital image must be made
	563	+	in person at a license office determined by the director.
	564	+	The director is authorized to limit the number of offices
	565	+	that may issue a driver's or nondriver's license without a
	566	+	photograph or digital image pursuant to this section.
	567	+	8. The department of revenue shall make available, at
	568	+	one or more locations within the state, an opportunity for
	569	+	individuals to have their full facial photograph taken by an
	570	+	employee of the department of revenue, or their designee,
	571	+	who is of the same sex as the individual being photographed,
	572	+	in a segregated location.
	573	+	9. Beginning July 1, 2005, the director shall not
	574	+	issue a driver's license or a nondriver's license for a
	575	+	period that exceeds an applicant's lawful presence in the
	576	+	18
	577	+	United States. The director may, by rule or regulation,
	578	+	establish procedures to verify the lawful presence of the
	579	+	applicant and establish the duration of any driver's license
	580	+	or nondriver's license issued under this section.
	581	+	10. (1) Notwithstanding any biometric data
	582	+	restrictions contained in section 302.170, the department of
	583	+	revenue is hereby authorized to design and implement a
	584	+	secure digital driver's license program that allows
	585	+	applicants applying for a driver's license i n accordance
	586	+	with this chapter to obtain a secure digital driver's
	587	+	license in addition to the physical card -based license
	588	+	specified in this section.
	589	+	(2) A digital driver's license as described in this
	590	+	subsection shall be accepted for all purposes for which a
	591	+	license, as defined in section 302.010, is used.
	592	+	(3) The department may contract with one or more
	593	+	entities to develop the secure digital driver's license
	594	+	system. The department or entity may develop a mobile
	595	+	software application cap able of being utilized through a
	596	+	person's electronic device to access the person's secure
	597	+	digital driver's license.
	598	+	(4) The department shall suspend, disable, or
	599	+	terminate a person's participation in the secure digital
	600	+	driver's license program if :
	601	+	(a) The person's driving privilege is suspended,
	602	+	revoked, denied, withdrawn, or cancelled as provided in this
	603	+	chapter; or
	604	+	(b) The person reports that the person's electronic
	605	+	device has been lost, stolen, or compromised.
	606	+	11. The director of the department of revenue may
	607	+	promulgate rules as necessary for the implementation of this
	608	+	section. Any rule or portion of a rule, as that term is
	609	+	defined in section 536.010 that is created under the
	610	+	19
	611	+	authority delegated in this section shall be come effective
	612	+	only if it complies with and is subject to all of the
	613	+	provisions of chapter 536 and, if applicable, section
	614	+	536.028. This section and chapter 536 are nonseverable and
	615	+	if any of the powers vested with the general assembly
	616	+	pursuant to chapter 536 to review, to delay the effective
	617	+	date, or to disapprove and annul a rule are subsequently
	618	+	held unconstitutional, then the grant of rulemaking
	619	+	authority and any rule proposed or adopted after August 28,
	620	+	2020, shall be invalid and void.
	621	+	491.075. 1. A statement made by a child under the age
	622	+	of [fourteen] eighteen, or a vulnerable person, relating to
	623	+	an offense under chapter 565, 566, 568 or 573, performed by
	624	+	another, not otherwise admissible by statute or court rule,
	625	+	is admissible in evidence in criminal proceedings in the
	626	+	courts of this state as substantive evidence to prove the
	627	+	truth of the matter asserted if:
	628	+	(1) The court finds, in a hearing conducted outside
	629	+	the presence of the jury that the time, conten t and
	630	+	circumstances of the statement provide sufficient indicia of
	631	+	reliability; and
	632	+	(2) (a) The child or vulnerable person testifies at
	633	+	the proceedings; or
	634	+	(b) The child or vulnerable person is unavailable as a
	635	+	witness; or
	636	+	(c) The child or vulnerable person is otherwise
	637	+	physically available as a witness but the court finds that
	638	+	the significant emotional or psychological trauma which
	639	+	would result from testifying in the personal presence of the
	640	+	defendant makes the child or vulnerable person unavailable
	641	+	as a witness at the time of the criminal proceeding.
	642	+	2. Notwithstanding subsection 1 of this section or any
	643	+	provision of law or rule of evidence requiring corroboration
	644	+	20
	645	+	of statements, admissions or confessions of the defendant,
	646	+	and notwithstanding any prohibition of hearsay evidence, a
	647	+	statement by a child when under the age of [fourteen]
	648	+	eighteen, or a vulnerable person, who is alleged to be
	649	+	victim of an offense under chapter 565, 566, 568 or 573 is
	650	+	sufficient corroboratio n of a statement, admission or
	651	+	confession regardless of whether or not the child or
	652	+	vulnerable person is available to testify regarding the
	653	+	offense.
	654	+	3. A statement may not be admitted under this section
	655	+	unless the prosecuting attorney makes known to the accused
	656	+	or the accused's counsel his or her intention to offer the
	657	+	statement and the particulars of the statement sufficiently
	658	+	in advance of the proceedings to provide the accused or the
	659	+	accused's counsel with a fair opportunity to prepare to m eet
	660	+	the statement.
	661	+	4. Nothing in this section shall be construed to limit
	662	+	the admissibility of statements, admissions or confessions
	663	+	otherwise admissible by law.
	664	+	5. For the purposes of this section, "vulnerable
	665	+	person" shall mean a person w ho, as a result of an
	666	+	inadequately developed or impaired intelligence or a
	667	+	psychiatric disorder that materially affects ability to
	668	+	function, lacks the mental capacity to consent, or whose
	669	+	developmental level does not exceed that of an ordinary
	670	+	child of fourteen years of age.
	671	+	492.304. 1. In addition to the admissibility of a
	672	+	statement under the provisions of section 492.303, the
	673	+	visual and aural recording of a verbal or nonverbal
	674	+	statement of a child when under the age of [fourteen who is
	675	+	alleged to be a victim of ] eighteen, relating to an offense
	676	+	under the provisions of chapter 565, 566 [or], 568, or 573,
	677	+	if performed by another, is admissible into evidence if:
	678	+	21
	679	+	(1) No attorney for either party was present when the
	680	+	statement was made; except that, for any statement taken at
	681	+	a state-funded child assessment center as provided for in
	682	+	subsection 2 of section 210.001, an attorney representing
	683	+	the state of Missouri in a criminal investigation may, as a
	684	+	member of a multidiscipl inary investigation team, observe
	685	+	the taking of such statement, but such attorney shall not be
	686	+	present in the room where the interview is being conducted;
	687	+	(2) The recording is both visual and aural and is
	688	+	recorded on film or videotape or by other electronic means;
	689	+	(3) The recording equipment was capable of making an
	690	+	accurate recording, the operator of the equipment was
	691	+	competent, and the recording is accurate and has not been
	692	+	altered;
	693	+	(4) The statement was not made in response to
	694	+	questioning calculated to lead the child to make a
	695	+	particular statement or to act in a particular way;
	696	+	(5) Every voice on the recording is identified;
	697	+	(6) The person conducting the interview of the child
	698	+	in the recording is present at the proce eding and available
	699	+	to testify or be cross -examined by either party; and
	700	+	(7) The defendant or the attorney for the defendant is
	701	+	afforded an opportunity to view the recording before it is
	702	+	offered into evidence.
	703	+	2. If the child does not testif y at the proceeding,
	704	+	the visual and aural recording of a verbal or nonverbal
	705	+	statement of the child shall not be admissible under this
	706	+	section unless the recording qualifies for admission under
	707	+	section 491.075.
	708	+	3. If the visual and aural recordin g of a verbal or
	709	+	nonverbal statement of a child is admissible under this
	710	+	section and the child testifies at the proceeding, it shall
	711	+	be admissible in addition to the testimony of the child at
	712	+	22
	713	+	the proceeding whether or not it repeats or duplicates the
	714	+	child's testimony.
	715	+	4. As used in this section, a nonverbal statement
	716	+	shall be defined as any demonstration of the child by his or
	717	+	her actions, facial expressions, demonstrations with a doll
	718	+	or other visual aid whether or not this demonstration is
	719	+	accompanied by words.