| 13 | | - | Section A. Section 287.243, RSMo, is repealed and two new |
|---|
| 14 | | - | sections enacted in lieu thereof, to be known as sections |
|---|
| 15 | | - | 287.243 and 574.207, to read as follows: |
|---|
| 16 | | - | 287.243. 1. This section shall be known and may be |
|---|
| 17 | | - | cited as the "Line of Duty Compen sation Act". |
|---|
| 18 | | - | 2. As used in this section, unless otherwise provided, |
|---|
| 19 | | - | the following words shall mean: |
|---|
| 20 | | - | (1) "Air ambulance pilot", a person certified as an |
|---|
| 21 | | - | air ambulance pilot in accordance with sections 190.001 to |
|---|
| 22 | | - | 190.245 and corresponding regu lations applicable to air |
|---|
| 23 | | - | ambulances adopted by the department of health and senior |
|---|
| 24 | | - | services; |
|---|
| 25 | | - | (2) "Air ambulance registered professional nurse", a |
|---|
| 26 | | - | person licensed as a registered professional nurse in |
|---|
| 27 | | - | accordance with sections 335.011 to 335.096 a nd |
|---|
| 28 | | - | corresponding regulations adopted by the state board of |
|---|
| 29 | | - | nursing, 20 CSR 2200 -4, et seq., who provides registered |
|---|
| 30 | | - | professional nursing services as a flight nurse in |
|---|
| 31 | | - | conjunction with an air ambulance program that is certified |
|---|
| 32 | | - | in accordance with secti ons 190.001 to 190.245 and the |
|---|
| 33 | | - | corresponding regulations applicable to such programs; |
|---|
| 34 | | - | (3) "Air ambulance registered respiratory therapist", |
|---|
| 35 | | - | a person licensed as a registered respiratory therapist in |
|---|
| 36 | | - | accordance with sections 334.800 to 334.930 and |
|---|
| 37 | | - | 2 |
|---|
| 38 | | - | corresponding regulations adopted by the state board for |
|---|
| 39 | | - | respiratory care, who provides respiratory therapy services |
|---|
| 40 | | - | in conjunction with an air ambulance program that is |
|---|
| 41 | | - | certified in accordance with sections 190.001 to 190.245 and |
|---|
| 42 | | - | corresponding regula tions applicable to such programs; |
|---|
| 43 | | - | (4) "Child", any natural, illegitimate, adopted, or |
|---|
| 44 | | - | posthumous child or stepchild of a deceased public safety |
|---|
| 45 | | - | officer who, at the time of the public safety officer's |
|---|
| 46 | | - | fatality is: |
|---|
| 47 | | - | (a) Eighteen years of age o r under; |
|---|
| 48 | | - | (b) Over eighteen years of age and a student, as |
|---|
| 49 | | - | defined in 5 U.S.C. Section 8101; or |
|---|
| 50 | | - | (c) Over eighteen years of age and incapable of self - |
|---|
| 51 | | - | support because of physical or mental disability; |
|---|
| 52 | | - | (5) "Emergency medical technician", a person licensed |
|---|
| 53 | | - | in emergency medical care in accordance with standards |
|---|
| 54 | | - | prescribed by sections 190.001 to 190.245 and by rules |
|---|
| 55 | | - | adopted by the department of health and senior services |
|---|
| 56 | | - | under sections 190.001 to 190.245; |
|---|
| 57 | | - | (6) "Firefighter", any person , including a volunteer |
|---|
| 58 | | - | firefighter, employed by the state or a local governmental |
|---|
| 59 | | - | entity as an employer defined under subsection 1 of section |
|---|
| 60 | | - | 287.030, or otherwise serving as a member or officer of a |
|---|
| 61 | | - | fire department either for the purpose of the preve ntion or |
|---|
| 62 | | - | control of fire or the underwater recovery of drowning |
|---|
| 63 | | - | victims; |
|---|
| 64 | | - | (7) "Flight crew member", an individual engaged in |
|---|
| 65 | | - | flight responsibilities with an air ambulance licensed in |
|---|
| 66 | | - | accordance with sections 190.001 to 190.245 and |
|---|
| 67 | | - | corresponding regulations applicable to such programs; |
|---|
| 68 | | - | (8) "Killed in the line of duty", when any person |
|---|
| 69 | | - | defined in this section loses his or her life when: |
|---|
| 70 | | - | 3 |
|---|
| 71 | | - | (a) Death is caused by an accident , illness, or the |
|---|
| 72 | | - | willful act of violence of another; |
|---|
| 73 | | - | (b) The public safety officer is in the active |
|---|
| 74 | | - | performance of his or her duties in his or her respective |
|---|
| 75 | | - | profession and there is a relationship between the accident , |
|---|
| 76 | | - | illness, or commission of the act of violence and the |
|---|
| 77 | | - | performance of the duty, even if the i ndividual is off duty; |
|---|
| 78 | | - | the public safety officer is traveling to or from |
|---|
| 79 | | - | employment; or the public safety officer is taking any meal |
|---|
| 80 | | - | break or other break which takes place while that individual |
|---|
| 81 | | - | is on duty; |
|---|
| 82 | | - | (c) Death is the natural and probable co nsequence of |
|---|
| 83 | | - | the injury or illness; and |
|---|
| 84 | | - | (d) Death occurs within three hundred weeks from the |
|---|
| 85 | | - | date the injury was received or illness was contracted . |
|---|
| 86 | | - | The term excludes death resulting from the willful |
|---|
| 87 | | - | misconduct or intoxication of the public safety officer. |
|---|
| 88 | | - | The division of workers' compensation shall have the burden |
|---|
| 89 | | - | of proving such willful misconduct or intoxication; |
|---|
| 90 | | - | (9) "Law enforcement officer", any person employed by |
|---|
| 91 | | - | the state or a local governmental entity as a police |
|---|
| 92 | | - | officer, peace officer certified under chapter 590, or |
|---|
| 93 | | - | serving as an auxiliary police officer or in some like |
|---|
| 94 | | - | position involving the enforcement of the law and protection |
|---|
| 95 | | - | of the public interest at the risk of that person's life; |
|---|
| 96 | | - | (10) "Local governmental entity", includes counties, |
|---|
| 97 | | - | municipalities, townships, board or other political |
|---|
| 98 | | - | subdivision, cities under special charter, or under the |
|---|
| 99 | | - | commission form of government, fire protection districts, |
|---|
| 100 | | - | ambulance districts, and municipal corporations; |
|---|
| 101 | | - | (11) "Public safety officer", any law enforcement |
|---|
| 102 | | - | officer, firefighter, uniformed employee of the office of |
|---|
| 103 | | - | the state fire marshal, emergency medical technician, police |
|---|
| 104 | | - | 4 |
|---|
| 105 | | - | officer, capitol police officer, parole officer, probation |
|---|
| 106 | | - | officer, state correctional employee , water safety officer, |
|---|
| 107 | | - | park ranger, conservation officer, or highway patrolman |
|---|
| 108 | | - | employed by the state of Missouri or a political subdivision |
|---|
| 109 | | - | thereof who is killed in the line of duty or any emergency |
|---|
| 110 | | - | medical technician, air ambulance pilot, air ambulan ce |
|---|
| 111 | | - | registered professional nurse, air ambulance registered |
|---|
| 112 | | - | respiratory therapist, or flight crew member who is killed |
|---|
| 113 | | - | in the line of duty; |
|---|
| 114 | | - | (12) "State", the state of Missouri and its |
|---|
| 115 | | - | departments, divisions, boards, bureaus, commissions, |
|---|
| 116 | | - | authorities, and colleges and universities; |
|---|
| 117 | | - | (13) "Volunteer firefighter", a person having |
|---|
| 118 | | - | principal employment other than as a firefighter, but who is |
|---|
| 119 | | - | carried on the rolls of a regularly constituted fire |
|---|
| 120 | | - | department either for the purpose of the prevention or |
|---|
| 121 | | - | control of fire or the underwater recovery of drowning |
|---|
| 122 | | - | victims, the members of which are under the jurisdiction of |
|---|
| 123 | | - | the corporate authorities of a city, village, incorporated |
|---|
| 124 | | - | town, or fire protection district. Volunteer firefighter |
|---|
| 125 | | - | shall not mean an individual who volunteers assistance |
|---|
| 126 | | - | without being regularly enrolled as a firefighter. |
|---|
| 127 | | - | 3. (1) A claim for compensation under this section |
|---|
| 128 | | - | shall be filed by survivors of the deceased with the |
|---|
| 129 | | - | division of workers' compensation not later than on e year |
|---|
| 130 | | - | from the date of death of a public safety officer. If a |
|---|
| 131 | | - | claim is made within one year of the date of death of a |
|---|
| 132 | | - | public safety officer killed in the line of duty, |
|---|
| 133 | | - | compensation shall be paid, if the division finds that the |
|---|
| 134 | | - | claimant is entitled t o compensation under this section. |
|---|
| 135 | | - | (2) The amount of compensation paid to the claimant |
|---|
| 136 | | - | shall be [twenty-five] one hundred thousand dollars, subject |
|---|
| 137 | | - | 5 |
|---|
| 138 | | - | to appropriation, for death occurring on or after June 19, |
|---|
| 139 | | - | 2009. |
|---|
| 140 | | - | 4. Any compensation awarded under the provisions of |
|---|
| 141 | | - | this section shall be distributed as follows: |
|---|
| 142 | | - | (1) To the surviving spouse of the public safety |
|---|
| 143 | | - | officer if there is no child who survived the public safety |
|---|
| 144 | | - | officer; |
|---|
| 145 | | - | (2) Fifty percent to the surviving child, or children , |
|---|
| 146 | | - | in equal shares, and fifty percent to the surviving spouse |
|---|
| 147 | | - | if there is at least one child who survived the public |
|---|
| 148 | | - | safety officer, and a surviving spouse of the public safety |
|---|
| 149 | | - | officer; |
|---|
| 150 | | - | (3) To the surviving child, or children, in equal |
|---|
| 151 | | - | shares, if there is no surviving spouse of the public safety |
|---|
| 152 | | - | officer; |
|---|
| 153 | | - | (4) If there is no surviving spouse of the public |
|---|
| 154 | | - | safety officer and no surviving child: |
|---|
| 155 | | - | (a) To the surviving individual, or individuals, in |
|---|
| 156 | | - | shares per the designation or, otherwise , in equal shares, |
|---|
| 157 | | - | designated by the public safety officer to receive benefits |
|---|
| 158 | | - | under this subsection in the most recently executed |
|---|
| 159 | | - | designation of beneficiary of the public safety officer on |
|---|
| 160 | | - | file at the time of death with the public safety agency, |
|---|
| 161 | | - | organization, or unit; or |
|---|
| 162 | | - | (b) To the surviving individual, or individuals, in |
|---|
| 163 | | - | equal shares, designated by the public safety officer to |
|---|
| 164 | | - | receive benefits under the most recently executed life |
|---|
| 165 | | - | insurance policy of the public safety officer on file at the |
|---|
| 166 | | - | time of death with the public safety agency, organization, |
|---|
| 167 | | - | or unit if there is no individual qualifying under paragraph |
|---|
| 168 | | - | (a) of this subdivision; |
|---|
| 169 | | - | (5) To the surviving parent, or parents, in equal |
|---|
| 170 | | - | shares, of the public safety officer if there is no |
|---|
| 171 | | - | 6 |
|---|
| 172 | | - | individual qualifying under subdivision (1), (2), (3), or |
|---|
| 173 | | - | (4) of this subsection; or |
|---|
| 174 | | - | (6) To the surviving individual, or individuals, in |
|---|
| 175 | | - | equal shares, who would qualify under the definition of the |
|---|
| 176 | | - | term "child" but for age if there is no individu al |
|---|
| 177 | | - | qualifying under subdivision (1), (2), (3), (4), or (5) of |
|---|
| 178 | | - | this subsection. |
|---|
| 179 | | - | 5. Notwithstanding subsection 3 of this section, no |
|---|
| 180 | | - | compensation is payable under this section unless a claim is |
|---|
| 181 | | - | filed within the time specified under this section set ting |
|---|
| 182 | | - | forth: |
|---|
| 183 | | - | (1) The name, address, and title or designation of the |
|---|
| 184 | | - | position in which the public safety officer was serving at |
|---|
| 185 | | - | the time of his or her death; |
|---|
| 186 | | - | (2) The name and address of the claimant; |
|---|
| 187 | | - | (3) A full, factual account of the ci rcumstances |
|---|
| 188 | | - | resulting in or the course of events causing the death at |
|---|
| 189 | | - | issue; and |
|---|
| 190 | | - | (4) Such other information that is reasonably required |
|---|
| 191 | | - | by the division. |
|---|
| 192 | | - | When a claim is filed, the division of workers' compensation |
|---|
| 193 | | - | shall make an investigation for substantiation of matters |
|---|
| 194 | | - | set forth in the application. |
|---|
| 195 | | - | 6. The compensation provided for under this section is |
|---|
| 196 | | - | in addition to, and not exclusive of, any pension rights, |
|---|
| 197 | | - | death benefits, or other compensation the claimant may |
|---|
| 198 | | - | otherwise be entitled to by law. |
|---|
| 199 | | - | 7. Neither employers nor workers' compensation |
|---|
| 200 | | - | insurers shall have subrogation rights against any |
|---|
| 201 | | - | compensation awarded for claims under this section. Such |
|---|
| 202 | | - | compensation shall not be assignable, shall be exempt from |
|---|
| 203 | | - | attachment, garnishm ent, and execution, and shall not be |
|---|
| 204 | | - | subject to setoff or counterclaim, or be in any way liable |
|---|
| 205 | | - | 7 |
|---|
| 206 | | - | for any debt, except that the division or commission may |
|---|
| 207 | | - | allow as lien on the compensation, reasonable attorney's |
|---|
| 208 | | - | fees for services in connection with the p roceedings for |
|---|
| 209 | | - | compensation if the services are found to be necessary. |
|---|
| 210 | | - | Such fees are subject to regulation as set forth in section |
|---|
| 211 | | - | 287.260. |
|---|
| 212 | | - | 8. Any person seeking compensation under this section |
|---|
| 213 | | - | who is aggrieved by the decision of the division of workers' |
|---|
| 214 | | - | compensation regarding his or her compensation claim, may |
|---|
| 215 | | - | make application for a hearing as provided in section |
|---|
| 216 | | - | 287.450. The procedures applicable to the processing of |
|---|
| 217 | | - | such hearings and determinations shall be those established |
|---|
| 218 | | - | by this chapter. Decisions of the administrative law judge |
|---|
| 219 | | - | under this section shall be binding, subject to review by |
|---|
| 220 | | - | either party under the provisions of section 287.480. |
|---|
| 221 | | - | 9. [Pursuant to section 23.253 of the Missouri sunset |
|---|
| 222 | | - | act: |
|---|
| 223 | | - | (1) The provisions of the new program authorized under |
|---|
| 224 | | - | this section shall automatically sunset six years after June |
|---|
| 225 | | - | 19, 2019, unless reauthorized by an act of the general |
|---|
| 226 | | - | assembly; and |
|---|
| 227 | | - | (2) If such program is reauthorized, the program |
|---|
| 228 | | - | authorized under this section shal l automatically sunset |
|---|
| 229 | | - | twelve years after the effective date of the reauthorization |
|---|
| 230 | | - | of this section; and |
|---|
| 231 | | - | (3) This section shall terminate on September first of |
|---|
| 232 | | - | the calendar year immediately following the calendar year in |
|---|
| 233 | | - | which the program authori zed under this section is sunset. |
|---|
| 234 | | - | 10.] The provisions of this section, unless specified, |
|---|
| 235 | | - | shall not be subject to other provisions of this chapter. |
|---|
| 236 | | - | [11.] 10. There is hereby created in the state |
|---|
| 237 | | - | treasury the "Line of Duty Compensation Fund", w hich shall |
|---|
| 238 | | - | consist of moneys appropriated to the fund and any voluntary |
|---|
| 239 | | - | 8 |
|---|
| 240 | | - | contributions, gifts, or bequests to the fund. The state |
|---|
| 241 | | - | treasurer shall be custodian of the fund and shall approve |
|---|
| 242 | | - | disbursements from the fund in accordance with sections |
|---|
| 243 | | - | 30.170 and 30.180. Upon appropriation, money in the fund |
|---|
| 244 | | - | shall be used solely for paying claims under this section. |
|---|
| 245 | | - | Notwithstanding the provisions of section 33.080 to the |
|---|
| 246 | | - | contrary, any moneys remaining in the fund at the end of the |
|---|
| 247 | | - | biennium shall not reve rt to the credit of the general |
|---|
| 248 | | - | revenue fund. The state treasurer shall invest moneys in |
|---|
| 249 | | - | the fund in the same manner as other funds are invested. |
|---|
| 250 | | - | Any interest and moneys earned on such investments shall be |
|---|
| 251 | | - | credited to the fund. |
|---|
| 252 | | - | [12.] 11. The division shall promulgate rules to |
|---|
| 253 | | - | administer this section, including but not limited to the |
|---|
| 254 | | - | appointment of claims to multiple claimants, record |
|---|
| 255 | | - | retention, and procedures for information requests. Any |
|---|
| 256 | | - | rule or portion of a rule, as that term is defined i n |
|---|
| 257 | | - | section 536.010, that is created under the authority |
|---|
| 258 | | - | delegated in this section shall become effective only if it |
|---|
| 259 | | - | complies with and is subject to all of the provisions of |
|---|
| 260 | | - | chapter 536 and, if applicable, section 536.028. This |
|---|
| 261 | | - | section and chapter 536 are nonseverable and if any of the |
|---|
| 262 | | - | powers vested with the general assembly under chapter 536 to |
|---|
| 263 | | - | review, to delay the effective date, or to disapprove and |
|---|
| 264 | | - | annul a rule are subsequently held unconstitutional, then |
|---|
| 265 | | - | the grant of rulemaking authority and an y rule proposed or |
|---|
| 266 | | - | adopted after June 19, 2009, shall be invalid and void. |
|---|
| 267 | | - | 574.207. 1. A person commits the offense of |
|---|
| 268 | | - | interference with a first responder if: |
|---|
| 269 | | - | (1) The person has received a verbal warning not to |
|---|
| 270 | | - | approach from a person that he or she knows or reasonably |
|---|
| 271 | | - | should know to be a first responder; |
|---|
| 272 | | - | 9 |
|---|
| 273 | | - | (2) The first responder is engaged in the lawful |
|---|
| 274 | | - | performance of a legal duty; and |
|---|
| 275 | | - | (3) The person knowingly and willfully violates the |
|---|
| 276 | | - | verbal warning and approaches within twenty-five feet of the |
|---|
| 277 | | - | first responder with the intent to: |
|---|
| 278 | | - | (a) Impede or interfere with the first responder's |
|---|
| 279 | | - | ability to perform his or her legal duty; |
|---|
| 280 | | - | (b) Threaten the first responder with physical harm; or |
|---|
| 281 | | - | (c) Engage in a course of conduct directed at a first |
|---|
| 282 | | - | responder which intentionally causes emotional distress in |
|---|
| 283 | | - | that first responder and serves no legitimate purpose. |
|---|
| 284 | | - | 2. The offense of interference with a first responder |
|---|
| 285 | | - | is a class A misdemeanor. |
|---|
| 286 | | - | 3. As used in this section, the following terms mean: |
|---|
| 287 | | - | (1) "Advanced emergency medical technician", the same |
|---|
| 288 | | - | meaning as such term is defined in section 190.100; |
|---|
| 289 | | - | (2) "Emergency medical technician", the same meaning |
|---|
| 290 | | - | as such term is defined in section 190.100 ; |
|---|
| 291 | | - | (3) "Firefighter", any officer or employee of a fire |
|---|
| 292 | | - | department or fire protection district who is employed for |
|---|
| 293 | | - | the purpose of fighting fires, but does not include anyone |
|---|
| 294 | | - | employed in a clerical or other capacity not involving fire - |
|---|
| 295 | | - | fighting duties; |
|---|
| 296 | | - | (4) "First responder", any law enforcement officer, |
|---|
| 297 | | - | firefighter, paramedic, emergency medical technician, or |
|---|
| 298 | | - | advanced emergency medical technician; |
|---|
| 299 | | - | (5) "Paramedic", the same meaning as such term is |
|---|
| 300 | | - | defined in section 190.100. |
|---|
| 301 | | - | Section B. Because of the need to ensure that public |
|---|
| 302 | | - | safety officers killed in the line of duty receive benefits |
|---|
| 303 | | - | entitled to under this act, the repeal and reenactment of |
|---|
| 304 | | - | section 287.243 of this act is deemed necessary for the |
|---|
| 305 | | - | immediate preservation of the public health, welfare, peace, |
|---|
| 306 | | - | 10 |
|---|
| 307 | | - | and safety, and is hereby declared to be an emergency act |
|---|
| 308 | | - | within the meaning of the constitution, and the repeal and |
|---|
| 309 | | - | reenactment of section 287.243 of this act shall be in full |
|---|
| 310 | | - | force and effect upon its passage and approval. |
|---|
| 12 | + | Section A. Chapter 574, RSMo, is amended by adding thereto 1 |
|---|
| 13 | + | one new section, to be known as section 574.207, to read as 2 |
|---|
| 14 | + | follows:3 |
|---|
| 15 | + | 574.207. 1. A person commits the offense of 1 |
|---|
| 16 | + | interference with a first responder if: 2 |
|---|
| 17 | + | (1) The person has received a verbal w arning not to 3 |
|---|
| 18 | + | approach from a person that he or she knows or reasonably 4 |
|---|
| 19 | + | should know to be a first responder; 5 |
|---|
| 20 | + | (2) The first responder is engaged in the lawful 6 |
|---|
| 21 | + | performance of a legal duty; and 7 |
|---|
| 22 | + | (3) The person knowingly and willfully violates th e 8 |
|---|
| 23 | + | verbal warning and approaches within twenty -five feet of the 9 |
|---|
| 24 | + | first responder with the intent to: 10 |
|---|
| 25 | + | (a) Impede or interfere with the first responder's 11 |
|---|
| 26 | + | ability to perform his or her legal duty; 12 |
|---|
| 27 | + | (b) Threaten the first responder with physical ha rm; or 13 |
|---|
| 28 | + | (c) Engage in a course of conduct directed at a first 14 |
|---|
| 29 | + | responder which intentionally causes emotional distress in 15 |
|---|
| 30 | + | that first responder and serves no legitimate purpose. 16 |
|---|
| 31 | + | 2. The offense of interference with a first responder 17 |
|---|
| 32 | + | is a class A misdemeanor. 18 SB 669 2 |
|---|
| 33 | + | 3. As used in this section, the following terms mean: 19 |
|---|
| 34 | + | (1) "Advanced emergency medical technician", the same 20 |
|---|
| 35 | + | meaning as such term is defined in section 190.100; 21 |
|---|
| 36 | + | (2) "Emergency medical technician", the same meaning 22 |
|---|
| 37 | + | as such term is defined in section 190.100; 23 |
|---|
| 38 | + | (3) "Firefighter", any officer or employee of a fire 24 |
|---|
| 39 | + | department or fire protection district who is employed for 25 |
|---|
| 40 | + | the purpose of fighting fires, but does not include anyone 26 |
|---|
| 41 | + | employed in a clerical or other capacity not involving fire- 27 |
|---|
| 42 | + | fighting duties; 28 |
|---|
| 43 | + | (4) "First responder", any law enforcement officer, 29 |
|---|
| 44 | + | firefighter, paramedic, emergency medical technician, or 30 |
|---|
| 45 | + | advanced emergency medical technician; 31 |
|---|
| 46 | + | (5) "Paramedic", the same meaning as such term is 32 |
|---|
| 47 | + | defined in section 190.100. 33 |
|---|
| 48 | + | |
|---|