HB 1998 -- HEALTH SERVICES AND FEES AND TRAFFIC OFFENSES

SPONSOR:  Franz

COMMITTEE ACTION:  Voted "do pass" by the Committee on General
Laws by a vote of 8 to 3.

Currently, the Department of Health and Senior Services processes
claims submitted by hospitals and health care providers
requesting an offset of income tax refunds to satisfy an
outstanding debt owed by a taxpayer.  This bill repeals the
provisions regarding the process by which the department requests
offsets and authorizes an entity designated as a claim
clearinghouse to process and verify requests for an offset for
ambulance service providers of taxpayer income tax refunds and
lottery winnings to satisfy outstanding debts for ambulance
services received.  Prior to utilizing the clearinghouse, an
ambulance service provider must give certain notices to patients
and allow for various levels of review and appeals of their
claims.  A collection assistance fee allocated between the
clearinghouse and the Department of Revenue is assessed to each
offset for the costs of collecting the debt.  Claims for debts
owed to ambulance service providers requesting an offset will
receive the least priority as specified in Section 143.789, RSMo.

The bill adds any emergency medical technician licensed pursuant
to Chapter 190 to the list of individuals who can report to the
Department of Revenue any person diagnosed or assessed as having
a disorder or condition that may prevent him or her from safely
operating a motor vehicle in order to provide the department
director with good cause to believe that the operator is
incompetent or unqualified to retain his or her driver's license.

The bill changes the laws regarding moving violations and traffic
offenses occurring within an active emergency zone.  The bill:

(1)  Increases the penalties for moving violations and traffic
offenses occurring within an active emergency zone which is
defined as an area that is visibly marked by emergency responders
on, or around, a highway, and where an active emergency or
incident removal is temporarily occurring;

(2)  Requires any person convicted of a first moving violation or
traffic offense within an active emergency zone to be assessed a
fine of $35 in addition to any other fine authorized by law.  A
second or subsequent offense will result in a $75 fine;

(3)  Specifies that a person will be guilty of a class C
misdemeanor for passing another vehicle in an active emergency
zone.  A person who pled guilty to or is convicted of a speeding
or passing violation will be assessed a fine of $250 in addition
to any other fine authorized by law.  A second or subsequent
violation will result in a $300 fine;

(4)  Specifies that a person commits the offense of endangerment
of an emergency responder if, while in an active emergency zone
while emergency responders are present, the person:

(a)  Exceeds the posted speed limit by 15 m.p.h. or more;

(b)  Passes another vehicle;

(c)  Fails to stop for a flagman, an emergency responder, or a
traffic control signal in the active emergency zone;

(d)  Drives through or around an active emergency zone via any
lane that is not for motorists;

(e)  Physically assaults, threatens, or attempts to assault an
emergency responder with a motor vehicle or other instrument;

(f)  Intentionally strikes or moves barrels, barriers, signs, or
other devices for a reason other than to avoid an obstacle,
emergency, or to protect the health and safety of another person;
or

(g)  Commits various specified offenses that allow for the
assessment of points under Section 302.302;

(5)  Specifies that when no injury or death results, a person who
pleads guilty to or is convicted of endangering an emergency
responder will be subject to a fine of up to $1,000 and have four
points assessed to his or her license.  If a death or injury
results, the person commits aggravated endangerment of an
emergency responder and will be subject to a fine of up to $5,000
if a responder is injured and up to $10,000 if death resulted and
have 12 points assessed to his or her license; and

(6)  Specifies that any person committing endangerment or
aggravated endangerment of an emergency responder as a result of
a vehicle's mechanical failure or the negligence of another
person will not be cited for or convicted of the offense.

FISCAL NOTE:  Estimated Net Effect on General Revenue Fund of a
cost of $220,167 to an income of Unknown in FY 2013, a cost of
$217,805 to an income of Unknown in FY 2014, and a cost of
$220,031 to an income of Unknown in FY 2015.  No impact on Other
State Funds in FY 2013, FY 2014, and FY 2015.

PROPONENTS:  Supporters say that the bill will allow ambulance
service providers to be able to collect more unpaid bills from
those who are able to pay by developing a process that is
currently used in other states.  The bill creates a safety zone
around a car accident and protects first responders from injury
and allows paramedics and EMTs to report medical conditions that
might impair a person's driving ability and possibly cause harm
to the driver or others.

Testifying for the bill were Representative Franz; Jason White,
Missouri Emergency Medical Services Association; and Missouri
Ambulance Association.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
Last Updated April 18, 2012 at 9:28 am