SB 732 Modifies numerous provisions relating to public safety
Sponsor: Munzlinger
LR Number: 4627S.08T Fiscal Notes
Committee: Transportation, Infrastructure and Public Safety
Last Action: 7/8/2016 - Signed by Governor Journal Page: S2316
Title: CCS HCS SS SB 732 Calendar Position:
Effective Date: August 28, 2016
House Handler: Rhoads

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CCS/HCS/SS/SB 732 - This act modifies numerous provisions relating to public safety.

DOMESTIC VIOLENCE (SECTIONS 43.545, 455.543, AND 455.545)

Currently, the Missouri State Highway Patrol must include all reported domestic violence incidents for compilation in the "Crime in Missouri". This act removes the reference to "Crime in Missouri" and provides instead that the incidents must be reported for compilation in the annual crime report published by the Department of Public Safety.

This act removes time requirements in current law for the required reporting by law enforcement agencies of domestic-violence related homicides and suicides to the Missouri State Highway Patrol. In addition, this act requires the Highway Patrol to present its annual report on domestic-violence related homicides and suicides to the Governor and General Assembly by March 1 rather than February 1.

These provisions are identical to provisions in SCS/SB 921 (2016) and HB 1930 (2016).

URBAN SEARCH AND RESCUE TASK FORCES (SECTIONS 44.010 AND 44.032)

Under this act, any urban search and rescue task force is eligible to receive funds from the Missouri Disaster Fund for any reasonable and necessary expenditures incurred in the course of responding to any declared emergency.

This provision is identical to a provision in SCS/HB 1606 (2016).

EMERGENCY VOLUNTEER PROGRAM (SECTION 44.023)

Under current law, the State Emergency Management Agency (SEMA) is required to establish an emergency volunteer program where certain authorized professionals may volunteer the use of their services and equipment for up to 3 consecutive days as requested by SEMA. This act modifies that provision to include any individual certified by SEMA and who performs his or her duties under the direction of a licensed architect or engineer. Furthermore, such professionals are only permitted to volunteer for up to 5 consecutive days.

Volunteers are required to assist local jurisdictions and local building inspectors to provide essential demolition, cleanup or other related services and to determine whether structures affected by a disaster:

1. Have not sustained serious damage and may be occupied;

2. Must be restricted in their use pending repairs; or

3. Are unsafe and shall not be occupied pending repair or demolition.

Volunteers under the program are required to be provided workers' compensation insurance by SEMA during their official duties as part of the program.

Furthermore, volunteers certified by SEMA shall be considered to be state employees for purposes of the Emergency Mutual Aid Compact.

Volunteers acting under this provision shall not be personally liable, either jointly or separately for acts committed in their official duties as emergency volunteers, except in the case of willful or gross negligence.

This provision is identical to a provision in SB 700 (2016), as amended by the House and similar to HB 1863 (2016).

POLITICAL ACTIVITY OF FIRST RESPONDERS (SECTION 67.145)

This act inserts a new definition for the term "first responder" as it applies to restricting the political activity of first responders.

This provision is identical to a provision in CCS/HCS/SCS/SB 765 (2016).

INSTALLATION OF FIRE SPRINKLERS (SECTION 67.281)

This act removes the expiration date on the requirement that builders of one and two family dwellings must offer to install fire sprinklers in the home.

SHELTERED WORKSHOPS (SECTION 70.210)

This act adds the board of a county sheltered workshop to the types of political subdivisions that may contract and cooperate with other political subdivisions for a common service.

This provision is identical to SB 871 (2016), HB 1421 (2016), as well as a provision in HCS/SS/SB 937 (2016) and substantially similar to a provision in SB 869 (2016) and SB 926 (2016).

UNARMED SECURITY GUARDS (SECTION 84.720)

This provision stipulates that any individual who holds an occupational license issued by the Missouri Gaming Commission for the purpose of performing the duties of an unarmed security guard while working on an excursion gambling boat, or at a facility adjacent to an excursion gambling boat, shall be exempt from certain licensing requirements.

This provision is identical to HB 2362 (2016) and provisions in SCS/HCS/HB 1584 (2016) and SCS/HCS/HB 1964 (2016).

LIBERTY AND NORTH KANSAS CITY SALES TAX FOR PUBLIC SAFETY (Section 94.902)

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

This provision is identical to HB 1393 (2016), a provision in HCS/SS/SB 937 (2016), a provision in HCs/HB 2188 (2016), HCS/HB 566 (2015), and provisions in HCS/HB 1154 (2015), HCS/SS/SCS/SB 115 (2015), HCS/SB 364 (2015), the perfected version of HCS/HB 268 (2015), and HCS/HB 2116 (2014).

BOARD MEMBERS OF CERTAIN PUBLIC SAFETY DISTRICTS

(SECTIONS 190.055 AND 321.017)

Individual board members of an ambulance district or fire protection district shall not be eligible for employment by the board within twelve months of termination of service as a member of the board unless such employment is on a volunteer basis or without compensation.

These provisions are identical to provisions in HB 1751 (2016).

REGIONAL EMS COMMITTEE (190.102 & 190.103)

Current law provides a list of topics that Regional EMS Advisory Committees are to advise and provide recommendations to the region and Department of Health and Senior Services on. These provisions add community and regional time critical diagnosis plans to the list. In addition, the Regional EMS Medical Director must serve as a member of the Regional EMS Committee.

This act also provides that the Regional EMS Medical Director must serve a four-year term. The southwest, northwest, and Kansas City regional EMS medical directors must be elected to an initial two-year term. The central, east central, and southeast Regional EMS Medical Director must be elected to an initial four-year term.

These provisions are identical to provisions in SCS/HCS/HB 1964 (2016) and HCS/HB 2135 (2016), and substantially similar to provisions in SCS/SB 895 (2016) and HCS/HB 868 (2015).

EMT LICENSURE (SECTION 190.142)

The act further modifies provisions relating to licensure requirements for an EMT. Specifically, it requires any rules or regulations promulgated by the Department of Health and Senior Services relating to initial licensure testing to be through the national registry of EMT's or to be examinations developed and administered by the Department of Health and Senior Services.

This provision is identical to a provision in CCS/HCS/SB 635 (2016).

TRANSFERS OF CERTAIN PATIENTS (190.144 & 190.240)

This provision provides that no licensed emergency medical technician, if acting in good faith and without gross negligence, is liable for transporting persons ordered detained as a result of drug or alcohol abuse or a mental disorder or for physically or chemically restraining an at-risk behavioral health patient if the restraint is to ensure the safety of the patient or technician.

The provision further requires hospitals and nursing homes to have policies and procedures that require the hospital or facility to give advance notification to emergency medical services personnel prior to the transportation of any at-risk behavioral health patient.

Any physician treating an at-risk behavioral patient in an emergency situation who, after assessing the patient, determines that there is a reasonable cause to believe there is a likelihood that the patient may cause an imminent serious harm to himself, herself, or others unless the patient is immediately transported to another appropriate facility may place the patient on a temporary involuntary hold for a period of time necessary to effectuate the patient's transport, upon initiation by the receiving or sending facility. During the transport, the emergency medical services personnel may rely on the physician's hold order as a basis for implied consent to treat and transport the patient and shall not be liable for any claims of negligence, false imprisonment, or invasion of privacy based on such temporary hold, treatment, or transport of the patient.

These provisions are identical to provisions in HCS/HB 2135 (2016), substantially similar to provisions in SCS/HCS/HB 1964 (2016) and SCS/SB 895 (2016) and similar to HB 1148 (2015) and to provisions contained in HCS/HB 868 (2015).

CAUSE FOR DISCIPLINE FOR LICENSED EMS PROVIDERS (190.165 & 190.173)

Currently, the Department of Health and Senior Services may cause a complaint to be filed with the Administrative Hearing Commission against a holder of certain emergency-service-related certificates, licenses, or permits if the person violates certain specified regulations. This act modifies the list of regulations.

In addition, this act requires the Department to explain to a licensee who is the subject of an investigation that the licensee has the right to legal counsel, have anyone present he or she desires, and refuse to answer any question or provide any written statement. This act specifies that the assertion of any of the above rights is not to be deemed as a failure to cooperate.

Under this act, the Department may impose a suspension or revocation as a disciplinary action only if it first files a complaint with the administrative hearing commission. The commission is not permitted to grant summary judgement if the licensee files an answer contesting the department's complaint.

Under this act, all complaints, investigatory reports, and information pertaining to any applicant, holder of any certificate, permit, or license, or other individual are confidential and must only be disclosed upon written consent of the person whose records are involved or to other administrative or law enforcement agencies acting with the scope of their statutory authority. No applicant, holder of any certificate, permit, or license, or other individual shall have access to any complaints, investigatory reports, or information concerning an investigation in progress.

This act provides that certain information regarding licensees and final disciplinary actions is not confidential.

These provisions are identical to provisions in SCS/HCS/HB 1964 (2016) and HCS/HB 2135 (2016), and substantially similar to provisions contained in SCS/SB 895 (2016) and HCS/HB 868 (2015).

STROKE CENTER DESIGNATIONS (SECTION 190.241 AND 192.737)

This act provides for an alternative stroke center designation for a hospital. The Department of Health and Senior Services shall designate a hospital, upon receipt of an application, as follows:

(1) a level I stroke center if the hospital has been certified as a comprehensive stroke center by the Joint Commission or another certifying organization;

(2) a level II stroke center if the hospital has been certified as primary stroke center by the Joint Commission or other certifying organization; or

(3) a level III stroke center if the hospital has been certified as a acute stroke-ready hospital by the Joint Commission or other certifying organization.

The Department shall not require compliance with any additional standards for establishing or renewing stroke designations and the designation shall continue as long as the hospital remains certified. The Department may remove a hospital's designation if the hospital so requests or if the Department determines the certification has been suspended or revoked.

Any hospital receiving this alternative designation shall submit annual proof of certification and other contact information, as well as the certification survey results and other specified documents.

Hospitals designated as STEMI or stroke centers shall submit data to the Department for use in the evaluation and improvement of hospital and emergency medical services' trauma, stroke, and STEMI care. The hospitals shall submit data to the Department as described in the act. The act further delineates restrictions on the manner in which hospitals may collect and analyze data.

Sole authority to establish education requirements for physicians who practice in an emergency department of a facility designated as a trauma, STEMI, or stroke center by the Department of Health and Senior Services is given to the Board of Registration for the Healing Arts.

This act repeals existing language that required the Department to establish and maintain an information registry and reporting system for brain and spinal cord injury data. (Section 192.737)

These provisions are identical to a provision in CCS/SB 988 (2016), HB 2518 (2016), and substantially similar to provisions in SCS/HCS/HB 1964 (2016) and SB 1060 (2016).

FIRST INFORMER BROADCASTER ACT (SECTION 190.260)

This act requires the Department of Public Safety, in cooperation with any statewide organization representing broadcasters, to establish a program for training and certifying broadcast engineers and technical personnel as first informer broadcasters.

The program must provide training and education concerning the restoration, repair, and resupply of broadcaster facilities and equipment in emergency or disaster areas and the personal safety of first informer broadcasters.

Under this act, state and local governmental agencies must allow first informer broadcasters access to emergency or disaster areas to restore, repair, or resupply critical broadcaster facilities and equipment.

The statewide association involved in establishing the training program must pay the costs of developing and implementing the program.

This provision is identical to a provision in SCS/HB 1606 (2016) and similar to HCS/HB 296 (2015).

HELIPADS (SECTION 190.265)

Any rules or regulations promulgated by the Department of Health and Senior Services, or any interpretation of such rules, shall not require hospitals to have a fence or other barriers around a hospital helipad. Additionally, the Department shall not promulgate any rules and regulations with respect to the operation or construction of a helipad located at a hospital. Finally, hospitals shall ensure that helipads are free of obstruction and safe for use by a helicopter while on the ground, during approach, and takeoff.

This provision is identical to a provision in CCS/SB 988 (2016) and CCS/HCS/SB 635 (2106). This provision further has an emergency clause attached to it.

EMERGENCY TELEPHONE SERVICE 911 BOARD (SECTION 190.335)

Under current law, the counties of Christian, Taney, and St. Francois, if they impose a county sales tax for the central dispatch of emergency services, must appoint the members of a board to oversee the money collected under the tax and the provision of emergency services in the county. In other counties, the board is elected. This act adds Stoddard County to the list of counties that appoint the board.

This provision is identical to a provision in CCS/HCS/SB 867 (2016).

MANDATED REPORTERS OF ELDER ABUSE (SECTIONS 192.2400, 192.2405, AND 192.2475)

Under current law, certain individuals are required to report incidents of elder abuse to the Department of Health and Senior Services. This act adds first responders, as defined in the act, to the list of mandated reports. Additionally, this act requires reporters to report incidents of bullying to the Department. "Bullying" is defined as intimidation or harassment that causes a reasonable person to fear for his or her physical safety or property and may consist of physical actions, cyberbulling, oral, written, or electronic communication, or retaliation for reporting such acts.

These provisions are identical to HB 2212 (2016).

MO HEALTNET (SECTIONS 208.1030 AND 208.1032)

An eligible MO HealthNet provider may receive a supplemental reimbursement, in addition to the MO HealthNet reimbursement such provider would otherwise receive for ground emergency medical transportation services, provided that such reimbursement shall not exceed 100% of actual costs. The act specifies how such supplemental payment shall be calculated and how an eligible provider's claimed expenditures for the ground emergency medical transportation services shall be eligible for federal financial participation. This provision is subject to federal approval, if necessary.

This Department of Social Services is also required to design and implement an intergovernmental transfer program relating to ground emergency medical transport services in order to increase capitation payments for the purpose of increasing reimbursement to eligible providers, managed care plans, and coordinated care organizations, as detailed in the act. Any eligible provider participating in this program shall agree to reimburse the department for any costs associated with implementing the program. This provision is subject to federal approval, as necessary.

This amendment is identical to a provision in CCS/HCS/SB 607 (2016) and substantially similar to SB 1072 (2016) and HB 2496 (2016).

WORKERS' COMPENSATION FOR VOLUNTEER FIREFIGHTERS

(SECTION 287.245)

The act permits volunteer fire protection associations to apply to the state fire marshal for grants for the purpose of funding the workers' compensation insurance premiums for the association's volunteer firefighters. Grants shall be disbursed by the marshal, subject to appropriations, based upon the number of volunteer firefighters which received workers' compensation benefits from claims arising out of and in the course of the prevention or control of fire or the underwater recovery of drowning victims in the preceding calendar year. The schedule is as follows:

• Associations which had 0-5 claims shall be eligible for $2,000;

• Associations which had 6-10 claims shall be eligible for $1,500;

• Associations which had 11-15 claims shall be eligible for $1,000; and

• Associations which had 16-20 claims shall be eligible for $500.

This provision is identical to provisions in SCS/SB 613 (2016) and CCS/SB 700 (2016).

SAFETY PROCEDURES FOR CERTAIN STATIONARY VEHICLES (SECTION 304.022 AND 307.175)

This act adds stationary vehicles owned by a contractor performing work for the Department of Transportation with amber and white lights to the list requiring specific safety procedures for drivers approaching such stationary vehicles.

This provision is substantially similar to a provision which passed in SS/HB 1733 (2016).

FIRE PROTECTION DISTRICT DIRECTOR QUALIFICATIONS

(SECTIONS 321.130 AND 321.210)

A person who is qualified to serve as director of a fire protection district must be over the age of 24 and must be a resident and voter in the district for at least one year before election or appointment. Fees for filing nominations and declarations of candidacy shall be equal to the amount paid by a candidate for county office.

This provision is identical to a provision in HCS/HB 2135 (2016) and substantially similar to HB 1751 (2016).

DUTY TO OBEY FIREFIGHTERS (SECTION 575.145)

Under current law, it is a class A misdemeanor to willfully fail or refuse to obey signals or directions or willfully resist or oppose a law enforcement officer in the proper discharge of his or her duties. This act includes firefighters in that crime.

MOBILE VIDEO RECORDINGS (SECTION 610.100)

Mobile video recordings from a law enforcement vehicle or a device carried by a law enforcement officer that includes a camera and recording capability are considered a closed record until the investigation becomes inactive. A mobile video recording in a nonpublic location may be closed, except that any person depicted in the recording or certain other persons may obtain a complete, unaltered and unedited copy of the recording upon written request.

The act adds legal guardians or parents of a minor as being able to obtain closed investigative or mobile video records in the same way that any person could obtain such records.

Any person may bring an action to authorize disclosure of a mobile video recording and the court may order that all or part of the recording be released to the person. In making its determination on release, the court shall consider factors outlined in the act, including the benefit to the public as opposed to the harm to the public, to the law enforcement agency or its officers, or to any person identified in the recording. The mobile video recording may be examined by the court in its chambers. If disclosure of either a mobile video recording or an investigative report is authorized, the court may make any order that justice requires and set forth conditions for or limitations on the disclosure as authorized in the act.

The act provides that any person who requests and receives a mobile video recording that was recorded in a nonpublic location is prohibited from displaying or disclosing the recording without first affording any non-law enforcement person whose image or sound is contained in the recording the opportunity to seek a court order enjoining all or some of the display or disclosure. Any person who fails to comply with this provision is subject to damages in a civil action.

These provisions are substantially similar to a provision in CCS/HCS/SCS/SB 765 (2016), SCS/HB 1936 (2016), SB 1061 (2016), and identical to HB 2344 (2016).

CRIME SCENE PHOTOS (SECTION 610.205)

The act further inserts new provisions to the Sunshine Law relating to crime scene photographs and video recordings. Under this provision, certain crime scene photographs or video recordings, including those produced by a state or local agency or by a perpetrator or suspect at a crime scene, shall be considered closed records and not subject to disclosure under the open meetings and records law, commonly known as the sunshine law. The provisions of this amendment shall not prohibit disclosure of the material to the deceased's next of kin or to an individual who has secured a written release from the next of kin.

In closed criminal investigations, a court may order the disclosure of such photographs or video recordings upon findings that the disclosure is in the public interest and outweighs any privacy interest that may be asserted by the deceased's next of kin. Prior to releasing any crime scene material, the custodian must give the deceased's next of kin at least two weeks' notice, which cannot be shortened by a court. This amendment shall apply to all undisclosed material in the custody of a state or local agency on or after the effective date of the amendment. This amendment shall not apply to disclosure of such material to an attorney representing a defendant in a habeas corpus action or other post-conviction motion. Such an attorney may share the material with the client or any expert or investigator, but shall not further disseminate the material.

The director of the Department of Public Safety must establish rules governing the viewing of the materials by the press.

This provision is identical to HB 2618 (2016) and substantially similar to SB 1079 (2016), HB 1127 (2015), and HB 883 (2011).

SCOTT SVAGERA