HB 335 Modifies provisions relating to emergency service providers, hotel taxes, fireworks, mass transit employees, firearm possession, victims, public records, and schools

Current Bill Summary

- Prepared by Senate Research -


HCS/HB 335 - This act modifies provisions relating to emergency service providers, transient guest taxes, fireworks, assault against a mass transit employee, firearm possession, crime victims, the state's Open Records Law, and school resource officers.

REMOVAL OF POLICE CHIEFS - 77.046, 78.340, 79.240, 80.420, 84.120, 84.430, 84.830, 85.551, 106.010, 106.270, 106.273 & 590.080

This act creates a process for removing a non-elected police chief from office by an appointing authority or the governing body of the political subdivision employing the officer. This act defines just cause for the police chief's removal.

This act specifies that provisions of law relating to third and fourth class cities, towns and villages, the Kansas City Board of Police Commissioners, the Director of the Missouri Department of Public Safety, and the Governor shall not be construed as authorizing such entities or the Governor to remove or discharge a police chief. Also, a provision specifying that the Kansas City Chief of Police serves at the pleasure of the Board of Police Commissioners, providing for the suspension, removal, or demotion of the chief, and specifying procedure during absence or disability of the chief is repealed.

These provisions are similar to provisions of HCS/HB 468 (2013) and provisions of the truly agreed to and finally passed CCS/SS/SCS/HB 307 (2013).

TRANSIENT GUEST TAXES IN LIBERTY - 94.841

This act allows the City of Liberty to ask the voters to approve a transient guest tax of up to 6 percent per occupied room per night for the purpose of promoting tourism, cultural activities, business, economic development, and constructing infrastructure and improvements.

This provision is identical to HB 123 (2013) and HCS/HB 74 (2013).

CERTIFICATION OF COMMUNITY PARAMEDICS - 190.098 & 190.100

This act allows the Department of Health and Senior Services to certify community paramedics. A community paramedic must be currently certified as a paramedic, have successfully completed an approved community paramedic certification program, and completed an application. No person may hold himself or herself out as a community paramedic or provide community paramedic services unless the person is certified.

An ambulance service must enter into a written contract to provide community paramedic services in another ambulance service area. The contract may be for an indefinite period of time as long as it includes at least a 60-day cancellation notice by either ambulance service.

This provision is substantially similar to a provision of the truly agreed to and finally passed CCS/SS/SCS/HB 307 (2013), a provision of the truly agreed to and finally passed CCS/SS/HB 336 (2013), and SCS/HCS/HB 653 (2013).

EMERGENCY SERVICE PROVIDER LICENSE DISCIPLINARY ACTION - 190.165

Under current law, the Department of Health and Senior Services may file a complaint with the administration hearing commission against certain types of emergency service providers licensed by the department for failing to comply with certain specified regulations. This act modifies some of those regulations to include violation of a patient's privacy rights, refusal to respond to reasonable requests by the department for necessary information to process an application or determine license status or eligibility, conduct that is harmful to the safety of a patient or the public as defined by national standards, repeated acts of negligence or recklessness.

This act requires the department to explain to a licensee prior to interviewing such person during an investigation that the licensee has the right to legal counsel, have anyone present, and refuse to answer questions or provide a written statement. The assertion of such rights shall not be deemed to be a failure to cooperate with a department investigation.

Under this act, a license may only be suspended or revoked as a disciplinary action if the department first files a complaint with the administrative hearing commission. The commission cannot grant summary judgement if the licensee files an answer contesting the disciplinary action.

HEALTH CARE PROFESSIONALS AND FIREARMS - 191.238

This act prohibits health care professionals or health care facilities from intentionally entering any disclosed information concerning firearm ownership into a patient's medical record if the professional knows that such information is not directly related to the patient's immediate medical care or safety.

This act provides that health care professionals and facilities that violate the provision are subject to disciplinary action under the appropriate provisions concerning the licensing, accreditation, or certification of health care professionals and health care facilities by the state of Missouri.

This provision is identical to a provision of SB 266 (2013) and HB 639 (2013).

COMMUNICABLE DISEASES AND EMERGENCY CARE PROVIDERS - 191.630 & 191.631

Current law provides procedures for the testing of contagious or infectious diseases when an emergency care provider is exposed to such diseases while providing emergency services. Under this act, if a good Samaritan is exposed to disease while rendering emergency health care services, the person who exposed the good Samaritan is deemed to consent to disease testing and consent to notifying the good Samaritan of the results.

This act modifies the definition of disease to include several types of diseases and the definition of emergency care provider to include additional types of service providers. Definitions of communicable disease tests, coroner or medical examiner, designated infection control officer, good Samaritan, and source patient are added.

Current law requires hospitals to have written policies for notifying emergency care providers of the disease test results. This act requires the hospital include local infection control officers during the policy development or review process, and requires that such policies be substantially the same as those in place for notifying hospital employees. This act adopts nearly identical requirements for coroners and medical examiners regarding notification procedures and policies as those that apply to hospitals.

This act specifies that all emergency care providers must treat any patient regardless of the status of patient with regard to HIV or other infectious disease.

This act requires ambulance services and licensed emergency medical response agencies to establish policies and provide training regarding exposure to blood and bodily fluids and protection from communicable diseases.

Hospitals, nursing homes, and other medical facilities that transfer patients known to have a communicable disease must notify emergency care providers who are transporting the patients.

This act requires the department to promulgate certain regulations.

Provisions of current law regarding exposure of good Samaritans and first responders to communicable diseases are repealed.

WORKERS' COMPENSATION AND PEACE OFFICERS - 287.067

This act establishes psychological stress of paid peace officers of a police department as an occupational disease for the purposes of workers' compensation.

This provision is identical to SB 278 (2013) and HCS/HBs 404 & 614 (2013).

"LINE OF DUTY COMPENSATION ACT" - 287.243

All paramedics are included and eligible under the act for compensation when killed in the line of duty.

Under current law, an individual is eligible for compensation when he or she loses one's life as a result of an injury received in the active performance of his or her duties within the ordinary scope of his or her profession while on duty and but for the individual's performance, death would not have occurred.

This act modifies the eligibility requirements. An individual qualifies for compensation when such individual loses one's life as a result of an injury received in the active performance of his or her profession if the death occurs as a natural and probable consequence of the injury or disease caused by the accident or violence of another within 300 weeks from the date the injury is received. Individuals qualify for compensation when their death is caused as a result of a willful act of violence committed by a person other than the deceased and a relationship exists between the commission of the act and the deceased individual's performance of his or her professional duties regardless of whether the injury is received while on duty. Individuals also qualify when the injury is received while traveling to or from employment during a break while on duty. Law enforcement officers qualify if death occurs while he or she is attempting to prevent the commission of a criminal act of another person or attempting to apprehend an individual suspected of committing a crime regardless of whether the officer is on duty.

This provision is identical to HCS/HBs 404 & 614 (2013) and similar to SB 278 (2013).

FIREWORKS OUTSIDE OF CHURCH - 320.151

Current law prohibits the explosion of consumer fireworks within 600 feet of a church. This act provides a person may explode fireworks within 600 feet of a church if such person receives written approval from the church board of trustees within 24 hours of the time of explosion.

This provision is similar to HB 981 (2013).

FIRE PROTECTION DISTRICTS - 321.017 & 321.210

Under current law, no fire protection or ambulance district employee may serve as a member of any fire or ambulance district board, unless it is a voluntary fire protection or ambulance district board. This act limits the exclusion so that such employees may not serve as board members in the same county where they are employed.

This provision is identical to HB 364 (2013).

In addition, this act raises the filing fee for fire protection district board candidates from $10 to up to $50.

This provision is identical to a provision of the truly agreed to and finally passed CCS/SS/SCS/HB 307 (2013) and a provision of the truly agreed to and finally passed CCS/SS/HB 336 (2013).

Both provisions are contained in HCS/SS/SCS/SB 83 (2013).

ASSAULT OF AN EMPLOYEE OF A MASS TRANSIT SYSTEM - 565.087 to 565.089

This act creates the crimes of assault of an employee of a mass transit system while in the scope of his or her duties in the first, second, and third degree. Mass transit employees include those working for public bus and light rail companies. The penalties for such crimes are a Class B felony, C felony, D felony, or Class B misdemeanor.

These provisions are identical to provisions in the truly agreed to and finally passed CCS/HCS/SB 43 (2013) and are similar to SB 263 (2013), HB 776 (2013), SB 343 (2011), SB 814 (2010) and HB 487 (2009).

FIREARM INQUIRIES BY SCHOOL EMPLOYEES - 571.068

This act prohibits an employee of a school district or a private or charter school from asking a student under the age of 18 whether such student's parent or guardian, or anyone residing with the student, owns a firearm.

A violation of the school employee provision is punishable as an infraction, which carries a fine of up to $200.

This provision is identical to a provision of SB 266 (2013) and HB 639 (2013).

CRIME VICTIMS COMPENSATION - 595.020 & 595.030

This act allows compensation for the owner of property damaged by an arresting law enforcement agency during service of process so long as the property is not owned by the offender or an accomplice of the offender. Compensation paid shall be half of the reasonable reimbursement costs of the property.

These provisions are contained in HB 945 (2013).

OPEN RECORDS LAW - 610.021 & 610.205

This act modifies provisions of Missouri's open records law, commonly known as the Sunshine Law, regarding bases for closing a record, meeting or vote. Certain bases for closure relating to operational guidelines and security systems expired on December 31, 2012. This act removes the expiration date for such bases. The act adds specific response plans to the operational guideline records that may be closed and provides that financial records related to the procurement of, and expenditures for, such guidelines and plans are open records. With regard to the closure of records relating to security systems, the act provides that nothing authorizing such closure shall be deemed to include video from cameras outside the Governor's office in the State Capitol building.

The act creates a new basis for closing the portion of records that identifies security systems or access codes or authorization codes for security systems of real property.

These provisions contain an emergency clause and are similar to provisions of the truly agreed to and finally passed CCS/HCS/HBs 256, 33 & 205 and similar to SB 139 (2013), and to a provision in SB 122 (2013) and SB 764 (2012).

This act provides that, after a criminal investigation is inactive, certain crime scene or death scene photographs and videos that depict a deceased person in a state of dismemberment, decapitation, or mutilation shall be considered an open record for inspection, but a closed record for purposes of copying. Unless prohibited by federal law, this act shall not prohibit disclosure of such material to state and local agencies and the deceased's next of kin listed in the act. Any next of kin of the deceased who is found guilty of the crime that resulted in the deceased's death is not allowed to access such records.

Circuit court judges are given the authority to order the disclosure of such records after making written findings that the disclosure is in the public interest and outweighs any privacy interest asserted by the deceased's next of kin. Prior to release of such material, the next of kin must be given at least two weeks' notice.

The provisions of this act do not apply to the disclosure of crime scene material to the counsel representing a defendant. However, such counsel is prohibited from otherwise disseminating such materials except as necessary exhibits in court proceedings.

This provision is similar to SB 273 (2013), HB 330 (2013), and a provision in HCS/SB 690 (2012), HCS/HB 1515 (2012), HCS/SS/SCS/SB 755 (2012), and HB 1127 (2012).

SCHOOL RESOURCE OFFICERS - SECTION 1

This act requires the Missouri state training center for the D.A.R.E. program to develop curriculum and certification requirements for school resource officers.

LAW ENFORCEMENT UNION DUES - SECTION 2

This act prohibits law enforcement agencies and organizations representing law enforcement officers from requiring the payment of dues or fees as a condition of employment or continued employment.

BUSINESS OWNER PROHIBITIONS ON FIREARM POSSESSION - SECTION 3

This act prohibits business owners from restricting any person from possessing a firearm in a motor vehicle unless the vehicle is owned or leased by the business owner.

MEGHAN LUECKE


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