HCS HB 707 -- PUBLIC SAFETY

SPONSOR:  Bruns

COMMITTEE ACTION:  Voted "do pass" by the Committee on Public
Safety by a vote of 12 to 0.

This substitute changes the laws regarding public safety.  In its
main provisions, the substitute:

(1)  Allows the executive officer of any public safety agency to
enter into a mutual-aid agreement for reciprocal emergency aid
and specifies that the Department of Public Safety will
administer the state mutual-aid system.  Any employee of a
political subdivision or public safety agency responding to an
emergency, disaster, or public safety need that is not declared
by the Governor as an emergency is subject to the liability and
workers' compensation provisions provided to him or her as an
employee of the subdivision or agency.  However, during a
Governor-declared emergency, any employee responding will not be
liable for civil damages or administrative sanctions for the
failure to exercise the skill and learning of an ordinarily
careful public safety professional in similar circumstances but
will be liable for damages due to willful and wanton acts or
omissions in rendering services (Section 44.090, RSMo);

(2)  Prohibits a county assessor from releasing the home address
or any other information in his or her records regarding any
peace officer or a member of the peace officer's immediate family
upon a written request to the assessor along with proof that the
person is eligible to make the request (Section 53.201);

(3)  Authorizes the City of St. Ann to impose, upon voter
approval, a sales tax of 1% for the purpose of public safety
improvements including equipment expenditures, compensation for
city employees, and facilities for police, fire, and emergency
medical providers (Section 94.903);

(4)  Adds reducing the incidents of financial exploitation of the
elderly to the public education and awareness program regarding
elder abuse and neglect administered by the Department of Health
and Senior Services (Section 192.925);

(5)  Transfers the Division of Aging from the Department of
Social Services to the Department of Health and Senior Services
(Section 192.2000);

(6)  Transfers the powers, duties, and functions of the Board of
Nursing Home Administrators from the Department of Social
Services to the Department of Health and Senior Services (Section
192.2000.9);

(7)  Revises the definition of "protective services" to mean a
service provided by the state or other governmental or private
organization or individual which is necessary for the safety and
well being of an elderly person or an adult with disabilities who
is in danger of being mistreated or neglected and unable to take
care of or protect himself or herself from harm (Section
192.2003);

(8)  Grants immunity from civil and criminal liability for any
person making a report of abuse or neglect to the Department of
Health and Senior Services unless the person acts negligently,
recklessly, in bad faith, or with malicious purpose (Sections
192.2103.5 and 192.2150.11);

(9)  Requires any health service provider, health service vendor
employee, personal care attendant, or any person having
reasonable cause to believe that a patient or consumer has been a
victim of misappropriation of a patient's money or property or
has falsified documents verifying delivery of health care
services to report the information to the Department of Health
and Senior Services within 24 hours of discovering the act
(Sections 192.2150.2 and 192.2150.3);

(10)  Requires the department, upon receipt of an imminent danger
report, to initiate a thorough investigation promptly, but
removes the 24-hour time requirement.  If an investigation
indicates a crime has occurred, the appropriate law enforcement
agency and the prosecutor must be notified.  The department must
notify the resident's legal representative of the report and
investigation status when it involves a resident who has been
appointed a guardian and/or conservator or who is incapacitated
and resides at a state-licensed facility.  The department may
also notify the resident's family members, guardians, or
conservators (Sections 192.2150.6 and 192.2150.7);

(11)  Requires the Department of Health and Senior Services to
keep confidential the names of individuals submitting abuse and
misappropriation reports unless the complainant agrees to the
disclosure of his or her name; it is necessary to prevent further
abuse and neglect, misappropriation of funds, or document
falsification; the name of the complainant is lawfully
subpoenaed; the release of a name is required by the
Administrative Hearing Commission; or the release of a name is
requested by the Department of Social Services for the purpose of
licensure under Chapter 210 (Section 192.2150.9);

(12)  Requires the Department of Health and Senior Services to
add persons who have falsified documents verifying service
delivery to consumers or have misappropriated property or moneys
belonging to consumers to the employee disqualification list for
employees of any provider or consumer (Section 192.2150.12);

(13)  Protects a patient and the patient's family members or an
employee from eviction, harassment, dismissal, or retaliation due
to the filing of a report of a violation or suspected violation
of the provisions of the substitute (Section 192.2150.13);

(14)  Requires potential patients and consumers whose services
are funded by the MO HealthNet Program to be checked against the
sexual offender registry maintained by the State Highway Patrol
and requires the Department of Health and Senior Services to
notify providers at the time of referral if a patient or consumer
is on the registry (Section 192.2150.15);

(15)  Specifies that any person failing to file a required report
within the time guidelines and any person or provider who misuses
or diverts the consumer's use of any personal property or money
or falsifies service delivery documents will be guilty of a class
A misdemeanor.  Any provider or employee who knowingly conceals
abuse or neglect that results in the death or serious injury of a
patient will be guilty of a class D felony (Sections 192.2153.1 -
192.2153.3);

(16)  Authorizes the Department of Health and Senior Services to
assess a $1,000 fine on any provider who willfully and knowingly
fails to report known abuse by an employee.  Any provider may
seek a review of a department's decision by the Administrative
Hearing Commission which may be appealed to the circuit court in
the county where the violation occurred (Section 192.2153.4);

(17)  Specifies that any person or entity who unlawfully
discloses information from the employee disqualification list
will be guilty of an infraction; and upon request from the
Division of Employment Security within the Department of Labor
and Industrial Relations, the Department of Social Services must
provide copies of employee investigation reports of individuals
on the list.  Persons on the list cannot be paid from public
moneys for personal care assistant services (Sections 192.2175.11
- 192.2175.12);

(18)  Requires health care providers or employment agencies to
make inquires to the Department of Health and Senior Services to
determine if a full or part-time applicant for employment which
involves consumer contact is on the employee disqualification
list prior to hiring the applicant (Section 192.2178.3);

(19) Prohibits, as of August 28, 2009, a provider from hiring any
person with a disqualifying history unless the person has
submitted an approved good cause waiver.  Providers cannot
continue to employ people who were hired prior to August 28,
2009, with disqualifying backgrounds after March 1, 2009, unless
the person submits an approved good cause waiver prior to
January 1, 2009.  An employer who knowingly hires a person who is
a registered sexual offender on or after August 28, 2009, will be
guilty of a class A misdemeanor (Sections 192.2178.7 and
192.2178.8);

(20)  Specifies that a consumer-directed services vendor or
hospice will be guilty of a class A misdemeanor if it does not
request a background screening check from the family care safety
registry prior to allowing the employee to have contact with an
in-home patient (Section 192.2178.10);

(21)  Prohibits any state or federal funding for personal care
assistance services if the attendant is on the employee
disqualification list; is a registered sexual offender; or has a
disqualifying criminal history, unless a good cause waiver is
obtained (Section 208.909.4);

(22)  Defines "related personal care" as care provided for a
person with a physical or medical disability by an adult relative
as it relates to the Family Care Safety Act (Section 210.900.2);

(23)  Requires any person responsible for the care of a person 60
years of age or older who has cause to suspect that the person
has been abused, neglected, or financially exploited by a person,
firm, or corporation to make a report to the Department of Health
and Senior Services.  Any person who purposely files a false
report will be guilty of a class D felony (Section 565.188.1);

(24)  Specifies that any person who commits the offense of
identity theft against an elderly or disabled person can be fined
up to one and one-half times the maximum fine, imprisoned for up
to one and one-half times the maximum sentence term, or both
(Section 570.223.3);

(25)  Clarifies existing language regarding which long-term care
facilities are required to comply and the date by which they must
comply with the provisions regarding the installation of
sprinkler systems (Section 198.074);

(26)  Allows facilities that have submitted a plan for compliance
for the installation of a commercial sprinkler system to be
eligible for a loan from the Department of Health and Senior
Services (Section 198.074.4);

(27)  Requires facilities that have submitted a plan for
compliance for the installation of a commercial sprinkler system
to equip each sleeping room in the facility with a
battery-powered smoke alarm until the commercial system is
completely installed.  The facilities must also be equipped with
heat detectors interconnected to the fire alarm system in areas
subject to nuisance alarms (Section 198.074.7);

(28)  Allows local fire protection districts or fire departments
that are deemed qualified by the State Fire Marshal to conduct
fire safety inspections of these facilities for compliance with
state statutes regarding the installation of the sprinkler system
(Section 198.074.9);

(29)  Allows certain paid police officers of a paid police
department to be eligible for workers' compensation benefits for
an injury due to psychological stress (Section 287.067);

(30)  Allows licensed drivers to operate off-highway vehicles on
gravel or dirt roads located in any charter county in certain
situations.  Anyone violating these provisions will be guilty of
a class C misdemeanor and may be subject to a civil penalty of up
to $1,000 per day of violation (Section 300.349);

(31)  Adds individuals using explosives along with a well screen
cleaning device for the purpose of unblocking clogged agriculture
irrigation well screens to the list of individuals who are exempt
from obtaining a blaster's license (Sections 319.306 and
319.321);

(32)  Allows any fire protection district in St. Louis County to
impose, upon voter approval, a sales tax of up to 1% on all
retail sales within the fire protection district.  Revenues
collected from the sales tax will be deposited into the newly
created Fire Protection District Sales Tax Fund.  Ninety percent
of the revenue will be distributed to the fire protection
district from which the sales tax was collected, and 10% will be
distributed to the fire protection districts per capita based
upon the population of each distressed fire protection district.
Any fire protection district imposing the sales tax must reduce
the district's property tax rate by an amount sufficient to
decrease property tax revenues by 50% of the previous year's
revenue received from the fund (Section 321.227);

(33)  Requires all information regarding the service of an ex
parte order of protection to be entered into the Missouri Uniform
Law Enforcement System or any future similar secure electronic
database by the responsible agency within 24 hours after the
order is served (Section 455.038);

(34)  Specifies that a person who steals or receives a stolen
firearm or an explosive weapon will be guilty of a class C felony
regardless of the item's value (Sections 570.030 and 570.080);

(35)  Allows an individual to receive compensation from the Crime
Victims' Compensation Fund if that person receives damage to his
or her property of an out-of-pocket loss of at least $50 as a
result of another person's commission of or attempt to commit any
dangerous felony.  A person filing a claim for compensation must
submit any receipts, estimates, or other evidence which
demonstrates the value of the property damaged and the extent of
the loss.  The Division of Workers' Compensation within the
Department of Labor and Industrial Relations may appoint an
independent expert to make a determination of the amount of loss
(Sections 595.010 - 595.045 and 595.065);

(36)  Requires the removal of all emergency lights, sirens, and
decals designating a vehicle as an emergency vehicle prior to
selling or consigning the vehicle unless it is being sold
directly to another public or private public safety agency
(Section 650.465);

(37)  Requires all state, county, and municipal law enforcement
agencies and officers, beginning July 1, 2011, to use only a
canine team which has been certified by an association approved
by the Department of Public Safety when a canine performs or
assists in certain law enforcement specialities.  The department
must establish the standards and criteria for canine
certification and recertification including, but not limited to,
obedience, aggression, and narcotics and explosives detection
(Section 650.600 - 650.612);

(38)  Allows the Elevator Safety Board within the Department of
Insurance, Financial Institutions and Professional Registration
to adopt a code of rules and regulations governing licenses of
elevator mechanics and elevator contractors (Section 701.355);
and

(39)  Allows any first classification county to establish curfew
hours for any person younger than 17 years of age.  Any person
violating curfew ordinances or any parent, guardian, or other
person having the legal care of custody of the person and has
knowledge of the violation will be guilty of a class C
misdemeanor (Section 1).

FISCAL NOTE:  Estimated Cost on General Revenue Fund of
$1,669,811 in FY 2010, $1,076,686 in FY 2011, and $1,098,802 in
FY 2012.  Estimated Cost on Other State Funds of Could exceed
$441,000 in FY 2010, Could exceed $3,173,400 in FY 2011, and
Could exceed $3,173,400 in FY 2012.

PROPONENTS:  Supporters say that the bill provides certain
long-term care facilities that were unable to be compliant with
legislation passed in 2007 with an exception due to the fact that
the Department of Health and Senior Services and the Joint
Committee on Administrative Rules caused a delay in the passage
of department rules.  The bill also allows local fire departments
to conduct certain required tests if approved to do so by the
State Fire Marshal.

Testifying for the bill were Representative Wilson (130);
Missouri Assisted Living Association; Department of Health and
Senior Services; and Missouri Health Care Association.

OPPONENTS:  There was no opposition voiced to the committee.

OTHERS:  Others testifying on the bill say that it is unnecessary
to include a specific year edition of the National Fire
Protection Code in statute.

Testifying on the bill was State Fire Marshal.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:25 am