Amendment vs bill Amendment 4344H01.01H (Distributed) vs Introduced

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SECOND REGULAR SESSION HOUSE BILL NO.
4344H01.01H HB 2874 House _____________________________________________________ Amendment NO.____ Offered By _____________________________________ ___________________________________ AMEND House Bill No.
2874 103RD GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE PHELPS.
2874, Page 2, Section 407.324, Line 43, by inserting after all of said section and line the following:
4344H.01I JOSEPH ENGLER, Chief Clerk AN ACT To amend chapter 407, RSMo, by adding thereto one new section relating to air ambulance memberships, with penalty provisions.
4 "407.1170.
Be it enacted by the General Assembly of the state of Missouri, as follows:
SectionA.
Chapter 407, RSMo, is amended by adding thereto one new section, to be known as section 407.324, to read as follows:
407.324.
As used in this section, the following terms mean:
After December 31, 2026, no person or entity shall sell any firearm ammunition unless the person or entity is designated by the secretary of state as a licensed ammunition seller.
(1) "Air ambulance membership agreement", an agreement in exchange for consideration to pay for, indemnify, or provide an amount to a person for the cost of air ambulance services.
The term "air ambulance membership agreement" shall not include a health insurance plan or policy regulated under chapter 376;
(2) "Air ambulance membership organization", an individual or entity that provides an air ambulance membership agreement.
(1) An air ambulance membership organization shall not knowingly sell, offer for sale, or renew an air ambulance membership agreement to an individual who is enrolled in MO HealthNet.
This section shall not apply to:
(2) If an individual who has purchased an air ambulance membership agreement subsequently enrolls in MO HealthNet during the duration of the membership agreement, the enrollee may notify the air ambulance membership organization of such enrollment.
(1) A commercial hunting club, provided the ammunition is used and consumed on the premises of the club while engaged in lawful hunting activity;
If the enrollee notifies the air ambulance membership organization of such enrollment within thirty days following the effective date of the enrollment, the enrollee may request, and upon such request the air ambulance membership organization shall provide, either a prorated refund of any consideration EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law.
(2) A domesticated game bird hunting club, provided the ammunition is used and consumed on the premises of the club while engaged in lawful hunting activity;
Matter in bold-face type in the above bill is proposed language.
(3) A domesticated migratory game bird shooting club, provided the ammunition is used and consumed on the premises of the club while engaged in lawful hunting activity;
HB 2874 2 paid for the period from the effective date of the MO HealthNet enrollment through the expiration date of the air ambulance membership agreement or a transfer of the membership to another individual in the enrollee's household.
(4) A nonprofit mutual or public benefit corporation that engages in recreational shooting and lawful hunting activity, provided the ammunition is used and consumed during a shooting or hunting event conducted by the corporation;
If the enrollee does not notify the air ambulance membership organization of such enrollment within thirty days, the enrollee is not entitled to a prorated refund, but the air ambulance membership organization shall still disenroll the enrollee within thirty days of receipt of the notice of the enrollee's enrollment in MO HealthNet unless the enrollee's membership is transferred to another individual in the enrollee's household.
(5) A target shooting facility that holds a business or regulatory license, provided the ammunition is kept within the facility's premises at all times and used on the premises;
or (6) A person who sells no more than one hundred rounds of ammunition to one vendor in one month and who cumulatively sells no more than two hundred fifty rounds per year to vendors in this state.
All air ambulance membership agreement websites, brochures, and marketing material shall include the following disclosures in a clear and conspicuous place:
The secretary of state may establish eligibility criteria for licensed ammunition sellers.
(1) The air ambulance membership agreement is a membership plan and is not insurance coverage;
At a minimum, a licensed ammunition seller shall not be prohibited by state or federal law or by a court order from possessing, receiving, owning, or purchasing a firearm.
(2) Medicaid enrollees are not eligible to purchase this membership;
and (3) Some state laws prohibit Medicaid beneficiaries from being offered air ambulance memberships or being accepted into air ambulance membership programs.
An air ambulance membership agreement application shall include the following disclosures in a clear and conspicuous place:
Beginning September 1, 2026, the secretary of state shall accept applications for licensed ammunition sellers.
(1) The air ambulance membership agreement is a membership plan and is not insurance coverage;
The secretary of state may charge a fee sufficient to cover reasonable costs of issuing a license.
(2) Medicaid enrollees are not eligible to purchase this membership;
The secretary of state shall either issue a license or deny an application within sixty days of receiving the application.
and (3) Some state laws prohibit Medicaid beneficiaries from being offered air ambulance memberships or being accepted into air ambulance membership programs.
If an application is denied, the secretary of state shall inform the applicant of the reason for denial in writing.
Action Taken___________________________________________ Date __________________ Page 1 of 3 4344H01.01H 5.
A license for a licensed ammunition seller shall be issued in a form prescribed by the secretary of state.
Licenses shall be valid for one year and shall authorize the licensed ammunition seller to sell ammunition:
(1) From any location specified in the license;
or (2) At a gun show or event if the gun show or event is not conducted from any motorized or towed vehicle.
6.
The secretary of state shall promulgate regulations 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 the effective date of this section shall be invalid and void.
7.
Any person who sells firearm ammunition in violation of this section shall be guilty of a class D misdemeanor.
Each individual sale shall be deemed a separate violation.
407.1171.
1.
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No licensed ammunition seller shall employ in a position that handles, sells, delivers, or has custody or control of firearms or ammunition an agent or employee who the seller knows or reasonably should know is prohibited by state or federal law or by court order from possessing, receiving, owning, or purchasing a firearm or ammunition.
2.
No licensed ammunition seller shall sell, offer for sale, or display for sale any ammunition in a manner that allows the ammunition to be accessible to a purchaser without the assistance of the seller or the seller's employee.
3.
A violation of this section shall be a class D misdemeanor.
407.1172.
1.
No person or entity shall supply, deliver, sell, or give possession or control of any firearm ammunition to a person who the person or entity knows or has cause to believe is prohibited by a court order from owning, possessing, or having custody or control of any firearm ammunition.
2.
No person or entity shall supply, deliver, sell, or give possession or control of any firearm ammunition to:
(1) A person who the person or entity knows or has cause to believe is not the actual purchaser of the ammunition;
or (2) A person who the person or entity knows or has cause to believe will subsequently sell or transfer the ammunition to a person prohibited by a court order from owning, possessing, or having custody or control of any firearm ammunition.
3.
The sale, delivery, or transfer of firearm ammunition shall occur only in a face-to-face transaction with the seller, deliverer, or transferor being provided bona fide evidence of the identity of the purchaser or transferee.
However, ammunition may be purchased over the Page 2 of 3 4344H01.01H internet or through other means of remote ordering if the ammunition is first delivered to a licensed ammunition seller in this state who verifies the purchaser or transferee is not prohibited by state or federal law or by court order from possessing, receiving, owning, or purchasing a firearm or ammunition.
4.
After December 31, 2026, no resident of this state shall bring or transport into this state firearm ammunition that the resident purchased outside of this state unless the resident first has the ammunition delivered to a licensed ammunition seller in this state for delivery to the resident after the seller verifies the purchaser or transferee is not prohibited by state or federal law or by court order from possessing, receiving, owning, or purchasing a firearm or ammunition.
This subsection shall not apply to:
(1) A gunsmith acting in an official capacity;
(2) A wholesaler acting in an official capacity;
(3) A federally licensed manufacturer or importer of firearms or ammunition acting in an official capacity;
(4) A licensed ammunition seller;
(5) A federally licensed collector of firearms;
(6) A law enforcement agency or agent thereof acting in an official capacity;
(7) A contract or common carrier or an authorized agent or employee thereof acting in an official capacity;
(8) A person who purchases the ammunition from an immediate family member, spouse, or registered domestic partner if the person brings or transports into this state no more than fifty rounds;
(9) An executor or administrator of an estate that includes ammunition;
(10) A person who was not a resident of this state when he or she acquired the ammunition;
(11) A hunter who purchased the ammunition for use in a lawful hunting activity that occurred outside this state if the person brings or transports into this state no more than fifty rounds;
or (12) A person who participates in an organized competitive match or league competition that involves the use of firearms in a match or competition sponsored by, conducted under the auspices of, or approved by a law enforcement agency or nationally recognized or state- recognized entity that fosters proficiency in, or promotes education about, firearms if the person brings or transports into this state no more than fifty rounds.
If an enrollee believes that an individual or entity has violated the provisions of this section, the enrollee may file a complaint with the office of the state attorney general.
A violation of this section shall be a class B misdemeanor.";
The attorney general shall have all powers, rights, and duties regarding violations of this section as are provided in sections 407.010 to 407.145.
and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
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