Missouri Senate

House Committee Substitute

KANSAS-MISSOURI LAW ENFORCEMENT MUTUAL-AID (Section 44.095)

This act allows law enforcement officers in nine counties on the Kansas-Missouri border to respond, when there is an incident that could result in serious physical injury or death or an incident that requires specialized equipment, training, or resources, to lawful requests for aid in any of the nine specified counties. This act specifies the procedure for such requests.

Under this act, an officer who makes an arrest outside his or her home state must deliver the arrested person to the first officer who is commissioned in the jurisdiction in which the arrest was made.

This act provides that, for purposes of liability, members of a political subdivision or public safety agency responding to an incident are deemed to be employees of the responding political subdivision or agency and are subject to the liability and workers' compensation provisions provided to them as employees of their respective political subdivision or agency. This act provides qualified, sovereign and official immunity as well as the public duty rule to the provisions of this act as interpreted b the federal and state courts of the responding agency.

The provisions of this section are effective upon the director of the Department of Public Safety certifying to the Governor, Speaker of the House of Representatives, and Senate President Pro Tem that Kansas has permitted its border counties to enter into a similar mutual-aid agreement.

This provision is substantially similar to SB 991 (2014) and HB 2041 (2014).

COUNTY PROPERTY/BURN BAN ORDERS (Section 49.266)

Under current law, county commissions in first, second, and fourth class counties may promulgate reasonable regulations concerning the use of county property. This act allows all noncharter counties to promulgate such regulations.

Also, this act authorizes the county commission in all noncharter counties to issue burn ban orders under specified circumstances such as when the Keetch-Byram Drought Index reflects 425 or greater for the designated county or the National Weather Service has issued a "red flag" warning for the county. This act repeals the provision allowing the county to prohibit the explosion or ignition of any missile or skyrocket and that prohibited the ban of explosion or ignition of any other consumer fireworks.

This provision is substantially similar to a provision in HCS/SCS/SB 672 (2014) and HB 2193 (2014).

DEPUTY SHERIFF (Section 57.015)

This act specifies that a limited definition of deputy sheriff only applies to a section dealing with dismissal proceedings for deputy sheriffs.

This provision is contained in SS/SB 754 (2014).

CORPORATE SECURITY ADVISORS (Sections 84.340, 571.030, 590.750)

Under current law, the St. Louis Board of Police Commissioners has the authority to regulate corporate security advisors.

This act provides that the Department of Public Safety shall have the sole authority to regulate and license corporate security advisors. In addition, this act provides that the authority and jurisdiction of a corporate security advisor is only limited by the geographical limits of the state unless the advisor's license is recognized by another state or the federal government. Any corporate security advisor licensed as of February 1, 2014, is not required to apply for a new license until his or her license expires or is otherwise revoked.

This act makes acting as a corporate security advisor without a license a Class A misdemeanor.

The Department of Public Safety is granted rulemaking authority to implement the licensing and regulation of corporate security advisors.

These provisions contain an emergency clause.

These provisions are identical to SCS/SB 852 (2014) and similar to HB 1596 (2014).

PUBLIC SAFETY SALES TAX (Section 94.902)

This act authorizes the City of Liberty and North Kansas City to impose, upon voter approval, a sales tax of up to .5% solely for the purpose of improving the public safety of the city, including expenditures on equipment, salaries and benefits, and facilities for police, fire, and emergency medical providers.

This provision is identical to one contained in HCS/HB 2116 (2014) and similar to HB 1853 (2014) and HB 1443 (2014).

GROUND AMBULANCES (Section 190.105)

This act allows first responders, firefighters, and law enforcement personnel with a valid drivers' license and prior experience with driving emergency vehicles to drive ground ambulances in certain emergency situations.

This provision is identical to HB 1457 (2014).

DRUG OVERDOSE TREATMENT BY FIRST RESPONDERS (Section 190.255)

This act allows a qualified first responder to obtain and administer naloxone to a person suffering from an apparent narcotic or opiate-related overdose. Any licensed drug distributor or pharmacy in Missouri may sell naloxone to qualified first responder agencies to allow the agency to stock naloxone for the administration of the drug to persons suffering from an apparent narcotic or opiate overdose in order to revive the person. The act defines "qualified first responder" and "qualified first responder agencies".

This provision is identical to HCS/HB 2040(2014).

EMERGENCY SERVICES BOARD (Section 190.336)

Under this act, each member of an emergency services board of directors shall be subject to recall from office by the registered voters of the election district from which he or she was elected. Proceedings for the recall are commenced by the filing of a notice of intention to circulate a recall petition.

The notice must be served personally, or by certified mail, on the board member and filed with the election authority. A separate notice is needed for each member sought to be recalled and must contain information explaining the reason for the recall. It must list at least one but not more than five proponents of the recall.

Within seven days, the board member may file a statement answering the statement of the proponents. The answer must be served on at least one proponent. The statement and answer are for the voters' informational purposes only.

A member cannot be recalled if he or she: 1) has not held office during the current term for more than 180 days; 2) has 180 days or less remaining on his or her current term; or 3) has had a recall election determined in his or her favor within the current term.

The person circulating the petition must sign an affidavit verifying certain information. A recall petition must be filed with the election authority not more than 180 days after the filing of the notice of intention. The number of signatures needed shall equal at least 25% of the number of voters who voted in the most recent gubernatorial election in the election district.

The election authority has twenty days from the date of filing the petition to determine if enough voters signed the petition. It must file a certificate showing whether there are enough signatures. If the election authority certifies the petition does not have enough signatures, it may be supplemented within ten days of the date of certificate. The election authority must then certify the supplemented petition. If it is insufficient, no further action shall be taken.

If the petition is sufficient, the election authority shall submit its certificate to the board of directors and order an election within a certain amount of time. Nominations for board membership openings shall be made by filing a statement of candidacy with the election authority.

Any time prior to forty-two days before the election, the member sought to be recalled may offer his or her resignation and the recall question shall be removed from the ballot and the office declared vacant.

This provision is identical to provisions contained in SS/SCS/SB 593 (2014) and SCS/SB 623 (2014).

LINE OF DUTY COMPENSATION FOR EMERGENCY PERSONNEL (Section 287.243)

Under current law, emergency personnel killed in the line of duty are eligible for certain workers' compensation benefits when such person's life is lost as a result of an injury received in the active performance of his or her duties, within the scope of his or her profession, while on duty and but for the performance, death would not have occurred.

This act modifies the standard for eligibility. Under the act, individuals are eligible for compensation when:

-Death is caused by an accident or violence of another;

-The individual is in the active performance of his or her duties and there is a relationship between the accident or commission of the act and the performance of duty, even when off duty; the individual is traveling to or from employment; or the individual is taking a break while on duty;

-The injury is the cause of the death; and

-Death occurs within 300 weeks of the injury.

This provision is identical to SB 979 (2014) and to a provision contained in HCS/HB 2116 (2014).

SCHOOL BUS SAFETY (Sections 304.055, 304.065, 307.375)

This act provides that before being used to transport school children, a privately owned bus company that contracts with a Missouri school district shall notify the district if they own a school bus licensed in another state and all of the buses must have functioning two-way voice communication services. A privately owned school bus company is not allowed to inspect its own buses and shall keep maintenance and inspection records that include requests for repair and produce them when requested. The school district shall maintain the records and make them available under the Sunshine Law.

This provision is identical to HB 1819 (2014).

FIRE DISTRICT BOARD CANDIDATES (Sections 321.130 AND 321.210)

This act sets the candidate filing fee for a fire protection district board seat at the amount equal to the filing fee for a candidate for county office, which currently is $50. Currently, the required fee is $10 in one section of the fire protections district law and an amount equal to the filing fee for a candidate for state representative, which currently is $50, in another provision of law.

These provisions are identical to provisions in HCS/SCS/SB 672 (2014), HCS/HB 2116 (2014), and HB 1276 (2014).

LESLIE'S LAW- (Section 565.024)

This act establishes Leslie's Law to specify that a person commits the crime of involuntary manslaughter in the first degree if such person unlawfully distributes or delivers any controlled substance to another person and that person's injection, inhalation, or ingestion of the controlled substance causes that person's death.

This provision is identical to HB 1101 (2014).

SEXUALLY TRANSMITTED DISEASE TESTING ( Section 566.135)

This act requires the prosecuting or circuit attorney to file a motion for the court-ordered sexually transmitted disease testing of a defendant charged with certain sexual offenses upon the request of victim with notice given to the defense attorney. A motion may also be filed upon the prosecuting or circuit attorney's own initiative and for good cause shown with the proper notice given. The testing shall occur within 48 hours of when the defendant was charged. The results of the testing and any follow-up testing shall be released to the victim, the victim's parent or guardian if he or she is a minor, the prosecuting or circuit attorney, and the defendant's attorney as soon as practicable. All costs of the testing are to be paid by the Department of Public Safety.

This provision is identical to HB 1465 (2014).

STATE FIRE MARSHAL AND ELEVATOR SAFETY BOARD (Section 701.382)

This act provides that the State Fire Marshal and the State Elevator Safety Board shall have the authority to inspect and investigate any elevator if a serious injury or death has occurred relating to such elevator.

The provisions relating to corporate security advisors contain an emergency clause.

ADRIANE CROUSE