SB 282
Modifies provisions relating to public safety
Sponsor:
LR Number:
1265H.02C
Last Action:
5/3/2017 - Referred H Rules - Legislative Oversight
Journal Page:
Title:
HCS SB 282
Calendar Position:
Effective Date:
August 28, 2017
House Handler:

Current Bill Summary

HCS/SB 282 - This act modifies and creates new provisions relating to public safety.

SPECIAL TAXING PURPOSES - CITY OF ST. LOUIS (SECTION 92.020)

Currently, certain cities are authorized to levy a property tax for the purposes of public health not to exceed two cents on the hundred dollars assessed valuation. This act increases the levy ceiling to sixty cents on the hundred dollars assessed valuation.

This provision is identical to a provision in HCS/SB 25 (2017).

PUBLIC SAFETY SERVICES - CITY OF ST. LOUIS (SECTIONS 92.024, 92.025, and 92.026)

This act also authorizes the City of St. Louis to submit to the voters a property tax for the purposes of the provision of public safety services. Such levy shall not exceed sixty cents on the hundred dollars assessed valuation. Revenue generated by the property tax shall be deposited in the Public Safety Services Fund, which is created by the amendment, and shall be used only for public safety services as authorized in the fund budget approved by the city's governing body.

Upon approval of a tax, the mayor of the City of St. Louis shall appoint a board of directors consisting of seven directors, as described in the act. The board of directors shall have administrative control and management of the revenue generated by the public safety property tax. No funds in the Public Safety Services Fund shall be used directly or indirectly for any political purpose.

If the tax, special fund, and board of directors authorized under this amendment are repealed or abolished, all remaining funds in the Public Safety Services Fund shall revert to the general revenue fund of the city. The governing body of the city shall be authorized to perform an audit of the board of directors, as described in the act.

These provisions are substantially similar to provisions in HCS/SB 25 (2017).

PUBLIC SAFETY SALES TAX (Sections 94.900, 94.902, 94.903, 321.242, 321.246)

This act adds certain cities to the list of cities currently authorized to impose, upon voter approval, a sales tax of up to 0.5% for public safety purposes. The additional cities include Charleston and Macon, as well as 4th class cities with a population between the ranges of 4,500 and 5,000, 7,000 and 8,000 and 13,500 and 16,000. For the cities of Charleston and Macon, the sales tax proposal will expire ten years after voter approval unless re-approved by the voters. If the proposal initially fails, then the authorization for the tax is repealed. For 4th class cities with a population between 9,500 and 10,800, the sales tax proposal will remain in effect until December 31, 2038. If the proposal is initially defeated, then such city cannot resubmit the proposal to the voters for at least twelve months. For such 4th class cities, the act authorizes a similar public safety sales tax, upon voter approval, but provides that a sales tax approved under this provision must be resubmitted to the voters every 25 years. Finally, the act authorizes certain fire protection districts in Mississippi and Ripley counties to impose, upon voter approval, a sales tax not to exceed 0.5% for the purpose of providing revenue for the operation of the district.

These provisions are identical to provisions in HCS/SB 114 (2017), substantially similar to provisions in HCS/SB 124 (2017) and HCS/SB 134 (2017), and similar to provisions in the truly agreed to CCS#2/HCS/SCS/SB 112, HCS/HB 48 (2017), and a provision in HCS/HB 495 (2017).

AMBER ALERT (SECTIONS 210.1014 AND 210.1016)

This act requires the Amber Alert System Oversight Committee to meet at least annually to discuss potential improvements to the Amber Alert System.

The act also establishes "Hailey's Law" which stipulates that the Amber Alert System shall be integrated into the Missouri Uniform Law Enforcement System and Regional Justice Information Service.

These provisions are identical to provisions in HCS/SB 25 (2017) and the perfected HB 697 (2017).

LINE OF DUTY COMPENSATION ACT (SECTION 287.243)

Under current law, survivors of a deceased law enforcement officer, emergency medical technician, air ambulance pilot, air ambulance registered professional nurse, or firefighter who is killed in the line of duty are eligible to receive $25,000 in compensation. Under this act, such compensation shall be awarded as follows:

• If there are no children, the surviving spouse shall be awarded compensation;

• If there is at least one eligible child and a surviving spouse, the child shall receive 50% and the surviving spouse shall receive 50%, provided that if there are multiple children, the children shall receive equal shares of 50% of the compensation;

• If there is no surviving spouse, any eligible surviving children shall receive equal shares of the compensation;

• If there is no surviving spouse or qualified surviving child, compensation shall be awarded to the individual who has been designated by the deceased in the most recent designation of beneficiary that is on file with the public safety organization; provided that if there is no such designation, compensation shall be awarded to the individual designated as beneficiary under the most recently executed life insurance policy of the deceased;

• If there is no beneficiary of a life insurance policy of the deceased, compensation shall be awarded to the surviving parent or parents, in equal shares;

• If there are no surviving parents of the deceased, compensation shall be awarded to the children of the deceased who are over 18 years of age, in equal shares.

The term "child" is defined in the act to include any natural, illegitimate, adopted, or posthumous child of the deceased who, at the time of the death of the deceased is:

• Under the age of 18;

• Over the age 18, but is a student as defined under federal law; or

• Over the age of 18, but is incapable of self-support because of physical or mental disability.

These provisions are identical to provisions in SS/SCS/SB 113 (2017), SCS/HB 289 (2017), substantially similar to provisions in the truly agreed to CCS/HCS/SS/SCS/SB 66 (2017) and HB 426 (2017), and similar in concept to HB 33 (2015).

HIPPA (SECTION 320.087)

The act provides that records that are closed under HIPPA may also be considered closed under the Sunshine Law if maintained by fire departments and fire protection districts.

This provision is identical to a provision in HCS/SB 25 (2017), a provision in HCS/SCS/SB 112 (2017), and HB 1124 (2017).

SEIZED PROPERTY EXCEEDING $100,000 (SECTION 513.655)

This act prohibits law enforcement agencies and prosecuting authorities from entering into agreements to transfer or refer seized property to a federal agency unless the seized property includes more than $100,000 in United States currency. If the seized property includes more than $100,000 in U.S. currency, the law enforcement agency may transfer the property to a federal agency for forfeiture litigation under federal law or to a local or state agency for forfeiture litigation under state law.

This provision is identical to a provision in HB 231 (2017).

LAW ENFORCEMENT POLICY (SECTION 590.510)

The act requires every law enforcement agency to have a written policy, as stipulated in the act, regarding the investigation of officer-involved deaths that involve a law enforcement officer employed by the law enforcement agency.

This provision is identical to a provision in HCS/SB 25 (2017) and HB 232 (2017).

SCOTT SVAGERA

Amendments