HCS HB 1400 -- BUSINESS PREMISES SAFETY ACT

SPONSOR:  Jones, 89 (Cox)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
General Laws by a vote of 11 to 1.

This substitute establishes the Business Premises Safety Act
which prohibits a business owner or operator from restricting any
person from lawfully possessing a firearm in a motor vehicle
except in a vehicle owned or leased by the business.  Business
owners, operators, merchants, and shopkeepers do not have a duty
to guard against the criminal act of a third party unless they
know or have reason to know that the acts are occurring or are
about to occur that pose imminent injury to a person or that the
same criminal acts have occurred on the premises within the prior
24 months and is likely to occur again.  In either case, it will
be their duty to use reasonable care to protect against the acts.
An owner or operator of a business will not be liable for any
injury or damage resulting from compliance with these provisions.

FISCAL NOTE:  No impact on state funds in FY 2011, FY 2012, and
FY 2013.

PROPONENTS:  Supporters say that the bill clarifies and
re-establishes traditional common law principles of liability for
business owners.  Under the common law, third-party liability for
the criminal acts of others is extremely limited.  The bill
allows third-party liability only when business owners know of
specific threats or when they do not take steps to prevent torts
or crimes where similar bad acts have recently occurred.
Insurance against civil liability is very expensive and
businesses and churches often spend large sums of money to guard
against the criminal acts of others if liability is not
restricted.

Testifying for the bill were Representative Cox; Missouri Chamber
of Commerce; National Rifle Association of America; and Missouri
Family Network.

OPPONENTS:  Those who oppose the bill say that reasonable
foreseeability should remain the standard with no provision
regarding recent or similar crimes.  The bill effectively
abolishes premises liability actions against owners who allow
crime to occur on their property.

Testifying against the bill was Joe Taylor.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:10 pm