Missouri Senate

Senate Committee Substitute

Second, the governing body of a political subdivision that has issued a public health order that closes, partially closes, or restricts the operation of businesses, churches, schools, or other places of public or private gatherings during and pertaining to such state of emergency shall approve, modify and approve, or reject such order by a two-thirds vote within 15 days of enactment, during which time the order may go into effect. Such public health orders shall be limited to no longer duration than 15 cumulative days in a 30-day period unless authorized by: (1) the Department of Health and Senior Services for orders to be in effect or extended for no more than 30 days in a 60-day period or (2) the General Assembly through a concurrent resolution for orders to be in effect or extended for no more than 90 days in a 180 day-period. Additionally, this act prohibits orders, rules, or regulations promulgated by political subdivisions from governing the number of people gathering or residing on private residential property during a state of emergency relating to the entrance of infectious, contagious, communicable, or dangerous diseases.

Third, beginning January 1, 2021, this act allows a taxpayer that is a resident of a city or county that imposes any city-wide or county-wide ordinance or order prohibiting or restricting the use of the taxpayer's real property to receive a credit against property taxes owed on such affected property. The amount of the credit shall be a percentage of the property tax liability that is equal to the percentage of the calendar year that the restrictions on the use of the property were in place. The credit authorized by this act shall only apply to real property tax liabilities owed to a city or county imposing such an ordinance, and shall not apply to property tax liabilities owed to any other taxing jurisdiction.

Fourth, no quarantine order issued by a county health board shall require, under penalty of law, that a person subject to quarantine isolate himself or herself from members of the same physical household.

Fifth, no public health order issued by any political subdivision, county health board, or state agency shall infringe on the parental rights of an individual, including decisions relating to the minor child's care and custody, upbringing, education, religious instruction, place of habitation, and physical and mental health care. Nothing in this provision shall be interpreted to limit the ability of such political subdivision or state agency to protect a child from child abuse or neglect. A positive test result for COVID-19 of a parent, guardian, or child shall not be the sole or determinative reason to remove a child from the care and custody of a parent or guardian.

Sixth, no hospital shall adopt, and no political subdivision shall impose, any policy restricting the presence of or visitation by, in accordance with the hospital's regular visitation hours and security protocols, the following: (1) one visitor if requested by a pregnant or new mother, (2) one member of the clergy or one person ordained for religious or pastoral duties if requested by the patient or the patient's family, or (3) the child's legal parent or guardian, provided such parent or guardian has either legal custody with no protective orders or unsupervised visitation.

Finally, candidates for county health board of trustees positions, under current law, are not required to run for election if the number of candidates is no greater than the number of positions to be filled. This act repeals this provision.

This act has an emergency clause.

SARAH HASKINS