HCS/HB 682 - This act modifies several provisions relating to restrictions on government authority, including: (1) emergency powers; (2) essential workers; (3) Office of Child Advocate; (4) public health orders; (5) school board meeting agendas; (6) campus housing; (7) COVID-19 liability; (8) public employees; (9) surveillance cameras; and (10) utility connections.
EMERGENCY POWERS (Section 1.1000)
Under this act, emergency orders issued by state or local officials that bind, curtail, or infringe on a person's rights shall be narrowly tailored to serve a compelling public health or safety interest. Each order shall be limited in duration, applicability, and scope.
State courts shall have jurisdiction to hear cases challenging the lawfulness of state and local emergency orders. Courts shall expedite consideration of these challenges. Only the Governor may issue emergency orders that infringe on constitutional rights in a non-trivial manner. All such orders shall terminate after 30 days unless the Governor terminates the order earlier or the legislature enacts legislation granting the Governor power to issue an extended order.
These provisions are identical to HCS/HB 602 (2021).
ESSENTIAL WORKERS (Section 21.753)
Under this act, all occupations in Missouri qualify as essential workers. The General Assembly occupies and preempts the entire field of legislation touching in any way the classification of essential workers.
This provision is similar to HB 851 (2021).
OFFICE OF CHILD ADVOCATE (Sections 37.710, 37.717, and 210.152)
Under this act, the Office of Child Advocate shall create a safety reporting system in which employees of the Children's Division may report information regarding the safety of those served by the Division and of the Division's employees. The identity of individuals who report or participate in the reporting system shall be sealed from public inspection, not subject to discovery, and be disclosed only as necessary for the purpose of carrying out the reporting system. Any criminal act reported shall be disclosed by the Office to the appropriate law enforcement agency or prosecuting attorney. Any investigation conducted as a result of a report made under this provision shall be conducted by an unbiased and disinterested investigator.
This provision is identical to a provision in HCS/SS/SB 327 (2021) and HCS/HB 673 (2021).
PUBLIC HEALTH ORDERS (Section 67.260)
Under this act, a political subdivision shall not issue a rule or regulation of general applicability related to public health without first securing a two-thirds vote of approval of the political subdivision's legislative body. Any public health order, defined as an order issued in response to an actual or perceived threat to public health for the purpose of preventing the spread of a contagious disease that closes, partially closes, or restricts the operation of businesses, churches, schools, or other places of public or private gatherings, issued by the political subdivision shall not remain in effect for longer than 15 calendar days, unless authorized as follows: (1) for a second period of an additional 15 days, upon approval of the political subdivision's governing body; (2) for a third period of an additional 10 days, upon a two-thirds vote of the political subdivision's governing body; (3) for a fourth period of an additional 10 days, upon a two-thirds vote of the political subdivision's governing body; (4) for a fifth period of an additional 10 days, upon a two-thirds vote of the political subdivision's governing body; and (5) for each additional period of 10 days, upon a unanimous vote of the political subdivision's governing body.
No rule promulgated by the Department of Health and Senior Services shall authorize a local public health official to create or enforce any generally applicable public health orders or any other order inconsistent with this act.
This provision has an emergency clause.
This provision is identical to HCS/HB 75 (2021).
SCHOOL BOARD MEETING AGENDAS (Section 162.052)
This act authorizes the registered voters of any school district to file a petition with the district's school board to ask them to place an item on the board's agenda and take vote thereon. Such a petition must be signed by at least 5% of the registered voters in the school district who voted in the most recent school board election. Items that may be presented to the board by petition include, but are not limited to, the following: (1) implementing, changing, or repealing a board policy; (2) modifying or reversing an action by school administration or requesting that certain actions be taken by school administration; and (3) modifying the school calendar. The same item may not be submitted to the board more than once every 6 months.
This provision is identical to a provision in HCS/SB 86 (2021) and HS/HCS/HB 441 (2021) and substantially similar to a provision in HCS/HB 108 (2021) and HCS/HB 320 (2021).
CAMPUS HOUSING (Section 173.1590)
Under this act, no public institution of higher education in this state after June 30, 2022, shall require students to live in campus housing except for first-time freshmen who may be required to live in campus housing during the first year of a student's attendance. This provisions shall not apply to the University of Central Missouri, the University of Southeast Missouri State, and the Missouri University of Science and Technology until after June 30, 2034.
COVID-19 LIABILITY (Section 192.027) This act establishes the "True COVID Liability Act." Under this act, the state or any political subdivision thereof shall not, as a response to a contagious disease, quarantine an individual, issue a stay-at-home order for an individual, or isolate an individual if a contagious disease has not been positively identified in the individual. Additionally, the state or political subdivision shall not limit the use of lawful activities in any private property or premises in which extraordinary prevalence of a contagious disease has not been proven. Finally, a business license shall not be revoked based on an individual's or entity's decision regarding recommendations from a government or scientific entity.
This act provides that no individual, owner of premises, or any other entity shall be subject to criminal or civil liability in any action alleging exposure to a contagious disease on the premises under the control of the individual, owner, or entity unless the individual, owner, or entity knowingly and purposefully, and with malice, exposed an individual to a contagious disease and such exposure caused suffering from a clinical disease.
The term "contagious disease" is defined in the act as a global acute infectious respiratory illness that is transmitted by airborne particles or droplets and is not transmitted by direct contact with food, surfaces, or bodily fluids.
This provision contains an emergency clause.
This provision is similar to a provision in HCS/SS/SCS/SB 27 (2021), a provision in HCS/SCS/SB 119 (2021), and the perfected HCS/HB 1358 (2021).
PUBLIC EMPLOYEES (Section 292.652)
A public employer shall not require any public employee or person entering a public building or space to be vaccinated for COVID-19. A political subdivision shall adopt a rule or ordinance requiring a public employer to implement provisions in violation of this section.
This provision is identical to HCS/HB 838 (2021).
SURVEILLANCE CAMERAS (Section 542.525)
Under this act, no employee of a state agency or a political subdivision shall place any surveillance or game camera on private property without first obtaining consent from the landowner, a search warrant, or permission from the highest ranking law enforcement chief or officer of the agency or political subdivision, provided that the permission is valid only when the camera is facing a location that is open to public access or use and the camera is located within 100 feet of the intended surveillance location.
This provision is identical to HCS/HB 1166 (2021).
UTILITY CONNECTIONS (Section 1)
Under this act, no political subdivision shall adopt or enforce an ordinance that requires or has the effect of requiring the connection of a private single-family resident to public water or sewer services if that residence is already served by an existing private well or septic system, unless such existing installation was installed in violation of applicable ordinances at the time of installation.