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Missouri General Assembly· HB 22507/14/2025 - Delivered to Secretary of State (G)

Allows the chief law enforcement executive in any jurisdiction to request assistance from another jurisdiction, including a jurisdiction outside the state of Missouri, the official text

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FIRST REGULAR SESSION
            [TRULY AGREED TO AND FINALLY PASSED]

                         SENATE SUBSTITUTE FOR
                SENATE COMMITTEE SUBSTITUTE FOR

           HOUSE BILL NO. 225

           103RD GENERAL ASSEMBLY

0321S.09T  2025

                                       AN ACT

To repeal sections 43.080, 43.505, 57.280, 57.530, 57.952, 57.955, 57.961, 57.962, 57.967,
         84.540, 84.570, 87.140, 87.145, 87.155, 87.260, 87.350, 94.900, 144.757, 190.053,
         190.101, 190.109, 190.800, 197.135, 287.243, 300.100, 304.153, 321.552, 321.554,
         321.556, 324.009, 483.088, 488.024, and 488.435, RSMo, and section 304.022 as
         enacted by house bill no. 1606, one hundred first general assembly, second regular
         session, and section 304.022 as enacted by senate bill no. 26 merged with senate bills
         nos. 53 & 60, one hundred first general assembly, first regular session, and to enact in
         lieu thereof forty new sections relating to first responders, with penalty provisions.

     Be it enacted by the General Assembly of the state of Missouri, as follows:

              Section A. Sections 43.080, 43.505, 57.280, 57.530, 57.952, 57.955, 57.961, 57.962,
 2 57.967, 84.540, 84.570, 87.140, 87.145, 87.155, 87.260, 87.350, 94.900, 144.757, 190.053,
 3 190.101, 190.109, 190.800, 197.135, 287.243, 300.100, 304.153, 321.552, 321.554, 321.556,
 4 324.009, 483.088, 488.024, and 488.435, RSMo, and section 304.022 as enacted by house bill
 5 no. 1606, one hundred first general assembly, second regular session, and section 304.022 as
 6 enacted by senate bill no. 26 merged with senate bills nos. 53 & 60, one hundred first general
 7 assembly, first regular session, are repealed and forty new sections enacted in lieu thereof, to
 8 be known as sections 43.080, 43.505, 44.087, 57.280, 57.530, 57.952, 57.956, 57.961,
 9 57.967, 84.540, 84.570, 87.140, 87.145, 87.155, 87.260, 87.350, 94.900, 144.757, 173.2655,
10 173.2660, 190.053, 190.076, 190.101, 190.109, 190.112, 190.166, 190.800, 197.135,

EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
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11 287.243, 300.100, 304.022, 304.153, 321.552, 321.554, 321.556, 324.009, 488.435, 537.038,

12 574.207, and 650.040, to read as follows:

    43.080. 1. The superintendent is authorized and empowered to prescribe policies

2 providing for increases in the salaries of members of the highway patrol. Each year, prior to

3 January first, the superintendent shall submit a salary schedule report to the governor, speaker

4 of the house of representatives, and the president pro tem of the senate. The salary schedule

5 report prepared by the superintendent shall include, in addition to other matters deemed

6 pertinent to the superintendent, a comparison of the salaries of police officers of the three

7 largest police departments in the state and a comparison of the salaries of police officers

8 employed by the following law enforcement agencies located in surrounding states:

9   (1) The Iowa State Patrol;

10  (2) The Nebraska State Patrol;

11  (3) The Illinois State Police;

12  (4) The Kentucky State Police;

13  (5) The Tennessee Highway Patrol;

14  (6) The Arkansas State Police;

15  (7) The Oklahoma Highway Patrol; and

16  (8) The Kansas Highway Patrol.

17  2. The governor may make additional recommendations to the report and forward

18 them to the speaker of the house of representatives and the president pro tem of the senate.

19 The speaker of the house of representatives and the president pro tem of the senate may assign

20 the salary schedule report to the appropriate standing committees to review the salary

21 comparisons to ensure that parity in the salary of members of the highway patrol and officers

22 of the three largest police departments is maintained. The superintendent of the highway

23 patrol shall testify before the appropriate committee on the salary schedule report if called

24 upon by such committee. The "service" of a member of the patrol, who has served in the

25 Armed Forces of the United States and who has subsequently been reinstated as a member of

26 the patrol within ninety days after receiving a discharge other than dishonorable from the

27 Armed Forces of the United States, shall be considered service with the patrol as a member of

28 the patrol rendered since last becoming a member prior to entrance into the Armed Forces of

29 the United States; except that no member shall be entitled to any credit, privilege or benefit

30 provided by this chapter if such member voluntarily extends or participates in an extension of

31 the period of service, whether by reenlistment, waiver of discharge, acceptance of

32 commission or any other action, with the Armed Forces beyond the period of service for

33 which such member was originally commissioned, enlisted, inducted or called.

    43.505. 1. The department of public safety is hereby designated as the central

2 repository for the collection, maintenance, analysis and reporting of crime incident activity
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3 generated by law enforcement agencies in this state. The department shall develop and

4 operate a uniform crime reporting system that is compatible with the national uniform crime

5 reporting system operated by the Federal Bureau of Investigation.

6   2. The department of public safety shall:

7   (1) Develop, operate and maintain an information system for the collection, storage,

8 maintenance, analysis and retrieval of crime incident and arrest reports from Missouri law

9 enforcement agencies;

10  (2) Compile the statistical data and forward such data as required to the Federal

11 Bureau of Investigation or the appropriate Department of Justice agency in accordance with

12 the standards and procedures of the national system;

13  (3) Provide the forms, formats, procedures, standards and related training or training

14 assistance to all law enforcement agencies in the state as necessary for such agencies to report

15 incident and arrest activity for timely inclusion into the statewide system;

16  (4) Annually publish a report on the nature and extent of crime and submit such

17 report to the governor and the general assembly. Such report and other statistical reports shall

18 be made available to state and local law enforcement agencies and the general public through

19 an electronic or manual medium;

20  (5) Beginning January 1, 2026, publish quarterly clearance rates, as defined in

21 section 650.040, on the department's website by the fifteenth calendar day on the month

22 following the close of the preceding quarter;

23  (6) Beginning January 1, 2027, report the data collected pursuant to subdivision

24 (2) of subsection 3 of this section to the governor, Missouri Peace Officers Standards

25 and Training Commission, the chair of the committee on the judiciary and civil and

26 criminal jurisprudence of the senate, the chair of the committee on crime prevention

27 and public safety of the house of representatives, and the chair of the committee on the

28 judiciary of the house of representatives by July 1, 2027, and by July first of each year

29 thereafter. The department shall also make the report available to the public on the

30 department's website;

31  (7) Maintain the privacy and security of information in accordance with applicable

32 state and federal laws, regulations and orders; and

33  [(6)] (8) Establish such rules and regulations as are necessary for implementing the

34 provisions of this section. Any rule or portion of a rule, as that term is defined in section

35 536.010, that is created under the authority delegated in this section shall become effective

36 only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable,

37 section 536.028. This section and chapter 536 are nonseverable and if any of the powers

38 vested with the general assembly pursuant to chapter 536 to review, to delay the effective date

39 or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of
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40 rulemaking authority and any rule proposed or adopted after August 28, 2000, shall be invalid

41 and void.

42  3. Every law enforcement agency in the state shall:

43  (1) Submit crime incident reports to the department of public safety on forms or in the

44 format prescribed by the department; and

45  (2) Submit any other crime incident information which may be required by the

46 department of public safety.

47  (a) Beginning January 1, 2026, every law enforcement agency in the state shall

48 collect data documenting case clearances, including information on clearance rates, as

49 defined in section 650.040, for nonfatal shootings, as determined by the department of

50 public safety, and report such data to the department on a monthly basis.

51  (b) All clearance rate data collected and reported pursuant to this section shall

52 be disaggregated by whether the offense was cleared by arrest or the offense was cleared

53 by exceptional means, as defined in section 650.040, document the year of the offense,

54 the demographic information of the victim, and detail the average duration per office

55 from the date of the offense to the date of clearance.

56  4. Any law enforcement agency that violates this section after December 31, 2021,

57 may be ineligible to receive state or federal funds which would otherwise be paid to such

58 agency for law enforcement, safety or criminal justice purposes.

    44.087. 1. The chief law enforcement executive for any law enforcement agency,

2 or such executive's designee, may request assistance from a law enforcement agency of

3 another jurisdiction, including a jurisdiction outside the state of Missouri but within the

4 United States.

5   2. If a law enforcement officer makes an arrest or apprehension outside such

6 officer's jurisdiction, the offender shall be delivered to the first available law

7 enforcement officer who is commissioned in the jurisdiction in which the arrest was

8 made. The officer making the initial arrest or apprehension shall assist in the

9 preparation of any affidavits filed with the complaint or based on other evidence that

10 there is probable cause to believe that both a crime has been committed and the

11 defendant has committed such crime.

12  3. For the purpose of liability, workers' compensation, and any other

13 employment-related matter, law enforcement officers remain employees of their

14 respective law enforcement agency throughout any request for assistance. Qualified

15 immunity, sovereign immunity, official immunity, and the public duty rule shall apply to

16 the provisions of this section as interpreted by the federal and state courts of the

17 responding agency.
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18  4. Nothing in this section shall be construed to limit the actions of law

19 enforcement officers or agencies conducted in accordance with section 44.095 or 44.098,

20 or any other mutual aid agreement made under this chapter.

21  5. The provisions of chapter 544 are applicable to any law enforcement officers

22 from jurisdictions located outside the state of Missouri, but within the United States,

23 who are acting pursuant to a request made under this section.

    57.280. 1. Sheriffs shall receive a charge for service of any summons, writ, or other

2 order of court, in connection with any civil case, and making on the same either a return

3 indicating service, a non est return or a nulla bona return, the sum of twenty dollars for each

4 item to be served, except that a sheriff shall receive a charge for service of any subpoena, and

5 making a return on the same, the sum of ten dollars; however, no such charge shall be

6 collected in any proceeding when [court] costs for service are to be paid by the state, county,

7 or municipality. In addition to such charge, the sheriff shall be entitled to receive for each

8 mile actually traveled in serving any summons, writ, subpoena, or other order of court the rate

9 prescribed by the Internal Revenue Service for all allowable expenses for motor vehicle use

10 expressed as an amount per mile, provided that such mileage shall not be charged for more

11 than one subpoena or summons or other writ served in the same cause on the same trip. All of

12 such charges shall be received by the sheriff who is requested to perform the service. Except

13 as otherwise provided by law, all charges made pursuant to this section shall be collected by

14 the [court clerk as court costs] sheriff's office responsible for service and are payable prior

15 to the time the service is rendered; provided that if the amount of such charge cannot be

16 readily determined, then the sheriff shall receive a deposit based upon the likely amount of

17 such charge, and the balance of such charge shall be payable immediately upon ascertainment

18 of the proper amount of said charge. A sheriff may refuse to perform any service in any

19 action or proceeding, other than when [court] costs for service are waived as provided by law,

20 until the charge provided by this section is paid. Failure to receive the charge shall not affect

21 the validity of the service.

22  2. The sheriff shall receive for receiving and paying moneys on execution or other

23 process, where lands or goods have been levied and advertised and sold, five percent on five

24 hundred dollars and four percent on all sums above five hundred dollars, and half of these

25 sums, when the money is paid to the sheriff without a levy, or where the lands or goods levied

26 on shall not be sold and the money is paid to the sheriff or person entitled thereto, his agent or

27 attorney. The party at whose application any writ, execution, subpoena, or other process has

28 issued from the court shall pay the sheriff's costs for the removal, transportation, storage,

29 safekeeping and support of any property to be seized pursuant to legal process before such

30 seizure. The sheriff shall be allowed for each mile, going and returning from the courthouse

31 of the county in which he resides to the place where the court is held, the rate prescribed by
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32 the Internal Revenue Service for all allowable expenses for motor vehicle use expressed as an

33 amount per mile. The provisions of this subsection shall not apply to garnishment proceeds.

34  3. The sheriff upon the receipt of the charge herein provided for shall pay into the

35 treasury of the county any and all charges received pursuant to the provisions of this section.

36 The funds collected pursuant to this section, not to exceed [fifty] seventy-five thousand

37 dollars in any calendar year, shall be held in a fund established by the county treasurer, which

38 may be expended at the discretion of the sheriff for the furtherance of the sheriff's set duties.

39 Any such funds in excess of [fifty] seventy-five thousand dollars in any calendar year shall be

40 placed to the credit of the general revenue fund of the county. Moneys in the fund shall be

41 used only for the procurement of services and equipment to support the operation of the

42 sheriff's office. Moneys in the fund established pursuant to this subsection shall not lapse to

43 the county general revenue fund at the end of any county budget or fiscal year.

44  4. (1) Notwithstanding the provisions of subsection 3 of this section to the contrary,

45 [the sheriff shall receive ten dollars] for service of any summons, writ, subpoena, or other

46 order of the court included under subsection 1 of this section, in addition to the charge for

47 such service that each sheriff receives under subsection 1 of this section, the sheriff of any

48 county of the first, second, or fourth classification or with a charter form of government

49 shall receive twenty dollars and the sheriff of any county of the third classification shall

50 receive fifteen dollars. The money received by the sheriff under this subsection shall be paid

51 into the county treasury and the county treasurer shall make such money payable to the state

52 treasurer.

53  (2) For any moneys received by the state treasurer from the county treasurer of

54 any county of the first, second, or fourth classification or with a charter form of

55 government, the state treasurer shall deposit ten dollars of such moneys in the deputy sheriff

56 salary supplementation fund created under section 57.278 and ten dollars of such moneys in

57 the sheriffs' retirement fund created under section 57.952, except that any moneys

58 received from a county that does not have a sheriff that participates in the sheriffs'

59 retirement system authorized by sections 57.949 to 57.997 shall be deposited in full in

60 the deputy sheriff supplementation fund. Any other person specially appointed to serve in

61 a county shall execute and deliver to the circuit clerk, along with the confirmation of service,

62 a signed and notarized affidavit of confirmation, made under penalty of perjury, that includes

63 the amount, check number, and date of payment to evidence payment was made to the sheriff

64 for the deputy sheriff salary supplementation fund and the sheriffs' retirement fund as

65 required by this subsection.

66  (3) For any moneys received by the state treasurer from the county treasurer of

67 any county of the third classification, the state treasurer shall deposit ten dollars of such

68 moneys in the deputy sheriff salary supplementation fund created under section 57.278
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69 and five dollars of such moneys in the sheriffs' retirement fund created under section

70 57.952, except that any moneys received from a county that does not have a sheriff that

71 participates in the sheriffs' retirement system authorized by sections 57.949 to 57.997

72 shall be deposited in full in the deputy sheriff supplementation fund. Any other person

73 specially appointed to serve in a county shall execute and deliver to the circuit clerk,

74 along with the confirmation of service, a signed and notarized affidavit of confirmation,

75 made under penalty of perjury, that includes the amount, check number, and date of

76 payment to evidence payment was made to the sheriff for the deputy sheriff salary

77 supplementation fund and the sheriffs' retirement fund as required by this subsection.

78  5. Notwithstanding the provisions of subsection 3 of this section, the court clerk shall

79 collect ten dollars as a court cost for service of any summons, writ, subpoena, or other order

80 of the court included under subsection 1 of this section if any person other than a sheriff is

81 specially appointed to serve in a county that receives funds under section 57.278. The

82 moneys received by the court clerk under this subsection shall be paid into the county treasury

83 and the county treasurer shall make such moneys payable to the state treasurer. The state

84 treasurer shall deposit such moneys in the deputy sheriff salary supplementation fund created

85 under section 57.278.

86  6. Sheriffs shall receive up to fifty dollars for service of any summons, writ, or other

87 order of the court in connection with any eviction proceeding, in addition to the charge for

88 such service that each sheriff receives under this section. All of such charges shall be

89 received by the sheriff who is requested to perform the service and shall be paid to the county

90 treasurer in a fund established by the county treasurer, which may be expended at the

91 discretion of the sheriff for the furtherance of the sheriff's set duties. All charges shall be

92 payable prior to the time the service is rendered; provided that if the amount of such charge

93 cannot be readily determined, then the sheriff shall receive a deposit based upon the likely

94 amount of such charge, and the balance of such charge shall be payable immediately upon

95 ascertainment of the proper amount of said charge.

    57.530. The sheriff of the City of St. Louis shall, with the approval of a majority of

2 the circuit judges of the circuit court of said city, appoint as many deputies and assistants as

3 may be necessary to perform the duties of his office, and fix the compensation for their

4 services, which compensation, however, shall not in any case exceed the annual rate of

5 compensation fixed by the board of aldermen of the City of St. Louis therefor. The annual

6 compensation for sheriff's deputies shall be no less than fifty thousand dollars per year.

    57.952. 1. There is hereby authorized a "Sheriffs' Retirement Fund" which shall be

2 under the management of [a] the board [of directors] as described in section 57.958. The

3 board [of directors] shall be responsible for the administration and the investment of the funds

4 of such sheriffs' retirement fund. The general assembly and the governing body of a county
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5 may appropriate funds for deposit in the sheriffs' retirement fund. [If insufficient funds are

6 generated to provide the benefits payable pursuant to the provisions of sections 57.949 to

7 57.997, the board shall proportion the benefits according to the funds available.]

8   2. The board may accept gifts, donations, grants, and bequests from public or private

9 sources to the sheriffs' retirement fund.

10  3. Each county shall make the payroll deductions for member contributions mandated

11 under section 57.961, and the county shall transmit such moneys to the board for deposit into

12 the sheriffs' retirement fund.

    57.956. 1. Notwithstanding any other provision of law to the contrary, the

2 department of corrections shall subtract and make a payment to the state treasurer

3 from any per diem cost of incarceration to be received by each county under section

4 221.105, or from any per diem cost for jail reimbursement to be received by each county

5 under any other provision of law in effect on or after August 28, 2025, in the amount of

6 one dollar and seventy-five cents per day per prisoner. The state treasurer shall deposit

7 such funds in the sheriffs' retirement fund created under section 57.952.

8   2. Notwithstanding subsection 1 of this section to the contrary, if the sheriffs'

9 retirement fund is funded to at least ninety percent of the actuarially sound level and is

10 funded at a level above the actuarial need, the department of corrections shall subtract

11 and make a payment to the state treasurer from any per diem cost of incarceration to be

12 received by each county under section 221.105, or from any per diem cost for jail

13 reimbursement to be received by each county under any other provision of law in effect

14 on or after August 28, 2025, in the amount of one dollar per day per prisoner. The state

15 treasurer shall deposit such funds in the sheriffs' retirement fund created under section

16 57.952. The retirement system shall annually provide a copy of its actuarial report to

17 the department of corrections.

18  3. The payment authorized by this section shall only apply to counties that have

19 a sheriff who participates in the retirement system.

20  4. This section shall be effective on January 1, 2026.

    57.961. 1. On and after the effective date of the establishment of the system, as an

2 incident to his or her employment or continued employment, each person employed as an

3 elected or appointed sheriff of a county shall become a member of the system. Such

4 membership shall continue as long as the person continues to be an employee, or receives or

5 is eligible to receive benefits under the provisions of sections 57.949 to 57.997.

6   2. Notwithstanding any other provision of law to the contrary, each person who is a

7 member of the system on or after January 1, 2024, shall be required to contribute five percent

8 of the member's pay to the [retirement] system. Such contribution shall be made by the

9 member of the system notwithstanding that the minimum salary or wages provided by law
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10 for any member shall thereby be changed. Each member shall be deemed to consent and

11 agree to the deduction made and provided for herein. Payment of a member's compensation

12 less such deduction shall be a full and complete discharge and acquittance of all claims and

13 demands whatsoever for services rendered by him or her to a county, except as to benefits

14 provided by this system.

15  3. The county employer, pursuant to the provisions of 26 U.S.C. Section 414(h)

16 (2), shall pick up and pay the contributions that would otherwise be payable by the

17 member under this section. The officer or officers responsible for making up the payrolls

18 for each county shall cause the contribution provided for in this section to be deducted from

19 the compensation of the member in the employ of the county, on each and every payroll, for

20 each and every payroll to the date his or her membership terminates. When deducted, each

21 contribution shall be paid by the county to the system; the payments shall be made in the

22 manner and shall be accompanied by such supporting data as the board shall from time to

23 time prescribe. When paid to the system, each of the contributions shall be credited to the

24 member from whose compensation the contributions were deducted. The contributions so

25 deducted shall be treated as [employee] employer contributions for purposes of determining

26 the member's pay that is includable in the member's gross income for federal income tax

27 purposes.

28  4. Member contributions [deducted and paid into the system by the county] picked

29 up by the employer shall be paid from the same source of funds used for the payment of pay

30 to a member. A deduction shall be made from each member's pay equal to the amount of the

31 member's contributions picked up by the employer. This deduction, however, shall not reduce

32 the member's pay for purposes of computing benefits under the [retirement] system under this

33 chapter.

34  5. The contributions, although designated as employee contributions, shall be paid by

35 the county in lieu of the contributions by the member. The member shall not have the option

36 of choosing to receive the contributed amounts directly instead of having them paid by the

37 county to the [retirement] system.

38  6. A former member who is not vested may request a refund of his or her

39 contributions. Such refund shall be paid by the system after ninety days from the date of

40 termination of employment or the request, whichever is later, and shall include all

41 contributions made to any retirement plan administered by the system.

42  7. Beginning September 1, 1986, any city not within a county and any county having

43 a charter form of government may elect, by a majority vote of its governing body, to come

44 under the provisions of sections 57.949 to 57.997 [except for the provisions of section

45 57.955]. Notice in writing of such election shall be given to the board, and the person

46 employed as sheriff of such county, as an incident of his contract of employment or continued
SS SCS HB 225   10

47 employment, shall become a member of the system on the first day of the month immediately

48 following the date the board receives notice. Such membership shall continue as long as the

49 person continues to be an employee, or receives or is eligible to receive benefits under the

50 provisions of sections 57.949 to 57.997, and upon becoming a member he shall receive credit

51 for all prior service as if he had become a member on December 22, 1983.

52  8. Subject to the limitations under sections 57.949 to 57.997, the board shall have the

53 authority to formulate and adopt rules and regulations for the administration of these

54 provisions.

    57.967. 1. The normal annuity of a retired member shall equal two percent of the

2 final average compensation of the retired member multiplied by the number of years of

3 creditable service of the retired member, except that the normal annuity shall not exceed

4 seventy-five percent of the retired member's average final compensation. Such annuity shall

5 be not less than one thousand dollars per month.

6   2. The board, at its last meeting of each calendar year, shall determine the monthly

7 amount for medical insurance premiums to be paid to each retired member during the next

8 following calendar year. The monthly amount shall not exceed four hundred fifty dollars.

9 The monthly payments are at the discretion of the board on the advice of the actuary. The

10 anticipated sum of all such payments during the year plus the annual normal cost plus the

11 annual amount to amortize the unfunded actuarial accrued liability in no more than thirty

12 years shall not exceed the anticipated moneys credited to the system pursuant to [sections]

13 section 57.952 [and 57.955]. The money amount granted here shall not be continued to any

14 survivor.

15  3. If a member with eight or more years of service dies before becoming eligible for

16 retirement, the member's surviving spouse, if he or she has been married to the member for at

17 least two years prior to the member's death, shall be entitled to survivor benefits under option

18 1 as set forth in section 57.979 as if the member had retired on the date of the member's death.

19 The member's monthly benefit shall be calculated as the member's accrued benefit at his or

20 her death reduced by one-fourth of one percent per month for an early commencement from

21 the member's normal retirement date: age fifty-five with twelve or more years of creditable

22 service or age sixty-two with eight years of creditable service, to the member's date of death.

23 Such benefit shall be payable on the first day of the month following the member's death and

24 shall be payable during the surviving spouse's lifetime.

    84.540. 1. Upon recommendation of the chief of police, the board may authorize and

2 provide for the organization of a police reserve force composed of residents of the city who

3 qualify under the provisions of subsection 1 of section 84.570, however, in the interest of

4 efficiency and public safety, no person shall serve as a member of such police reserve

5 force following the last day of the month in which the person becomes sixty-five years of
SS SCS HB 225                       11

6 age. Such reserve force shall be under the command of the chief of police and shall be

7 provided training, equipment, uniforms, and arms as the chief shall direct with the approval of

8 the board; and when assigned to active duty the members of the reserve force shall possess all

9 of the powers of regular police officers and shall be subject to all laws and regulations

10 applicable to police officers; provided, however, that the city council or other governing body

11 of any such city may in its discretion fix a total in number which the reserve force may not

12 exceed.

13  2. In event of riot or other emergencies as declared and defined by the mayor, the city

14 council or other governing body in such city in concurrence with the board, the board, upon

15 recommendation of the chief, may appoint special officers or patrolmen for temporary service

16 in addition to the police reserve force herein provided for, but the length of time for which

17 such officers or patrolmen shall be employed shall be limited to the time during which such

18 emergency shall exist.

    84.570. 1. No person shall be appointed policeman or officer of police who shall

2 have been convicted of any offense, the punishment of which may be confinement in the state

3 penitentiary; nor shall any person be appointed who is not proven to be of good character, or

4 who is not proven to be a bona fide citizen of the United States, or who cannot read and write

5 the English language and who does not possess ordinary physical strength and courage, nor

6 shall any person be originally appointed to said police force who is less than twenty-one years

7 of age. Notwithstanding any other provision of law, the board shall have the sole authority to

8 determine conditions of employment for police officers pursuant to section 84.460.

9   2. In the interest of efficiency and public safety, law enforcement officers, as

10 defined in 29 U.S.C. Section 630 or any successor statute, shall be separated from service

11 on the last day of the month in which the employee becomes sixty-five years of age or

12 reaches thirty-five years of creditable service as defined in subdivision (8) of section

13 86.900, whichever occurs later.

14  3. The board shall from time to time require open competitive examinations or tests

15 for determining the qualifications and fitness of all applicants for appointment to positions on

16 the police force. Such examinations and tests shall be practical and shall relate to matters

17 which fairly measure the relative fitness of the candidates to discharge the duties of the

18 positions to which they seek to be appointed. Notice of such examinations and tests shall be

19 given not less than ten days in advance thereof by public advertisement in at least one

20 newspaper of general circulation in such city, and by posting notice in the police headquarters

21 building. A list of those qualifying in such examinations shall be established, listing those

22 qualified in order of rank. When an appointment is to be made, the appointment shall be

23 made from such eligible list.

24  [3.] 4. The board shall also establish rules for:
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25         (1) Temporary employment for not exceeding sixty days in the absence of any

26 eligible list;

27         (2) Hours of work of police employees and officers subject to the provisions of

28 section 84.510; and

29         (3) Attendance regulations and leaves of absence.

           87.140. 1. The general administration and the responsibility for the proper operation

2 of the retirement system shall be vested in a board of trustees of nine persons. The board shall

3 be constituted as follows:

4          (1) The chief of the fire department of the city, ex officio;

5          (2) The comptroller or deputy comptroller of the city, ex officio;

6          (3) Two members to be appointed by the mayor of the city to serve for a term of two

7 years;

8          (4) Three members to be elected by the members of the retirement system for a term

9 of three years who shall be members of the system and hold office only while members of the

10 system;

11         (5) Two members who shall be retired firemen to be elected by the retired firemen of

12 the city and who shall hold office for a term of three years.

13         2. If a vacancy occurs in the office of trustee, the vacancy shall be filled for the

14 unexpired term in the same manner as the office was previously filled.

15         3. The trustees shall serve without compensation, but they shall be reimbursed from

16 the expense fund for all necessary expenses which they may incur through service on the

17 board.

18         4. Each trustee shall, within ten days after his appointment or election, take an oath of

19 office before the clerk of circuit court of the city, that, so far as it devolves upon him, he will

20 diligently and honestly administer the affairs of the board and that he will not knowingly

21 violate or willingly permit to be violated any of the provisions of the law applicable to the

22 retirement system. The oath shall be subscribed to by the member making it and certified by

23 the clerk of circuit court and filed in his office.

24         5. Each trustee shall be entitled to one vote on the board. Five votes shall be

25 necessary for a decision by the trustees at any meeting of the board.

26         6. Notwithstanding any provision of sections 87.120 to 87.371 to the contrary, the

27 board of trustees of the retirement system shall not be prevented from simultaneously

28 acting as the trustees of any other pension plan that provides retirement, disability, and

29 death benefits for firefighters employed by any city not within a county and their

30 covered dependents. The administration of the other pension plan shall be in

31 accordance with the terms of such pension plan. Nothing in this subsection shall

32 prevent the board of alderman of a city not within a county from adopting ordinances to
SS SCS HB 225                               13

33 govern the pensioning of firefighters and their covered dependents in any other pension

34 plan simultaneously administered by the board of trustees of the retirement system.

    87.145. The board of trustees shall have exclusive original jurisdiction in all matters

2 relating to or affecting the funds herein provided for, including, in addition to all other

3 matters, all claims for benefits and refunds under this law, and its action, decision or

4 determination in any matter shall be reviewable under chapter 536 only, and any party to the

5 proceedings shall have a right of appeal from the decision of the reviewing court. Subject to

6 the limitations of sections 87.120 to 87.370, the board of trustees shall, from time to time,

7 establish rules and regulations for the administration of funds created by this law, for the

8 transaction of its business, and for the limitation of the time within which claims may be filed.

9 The administration of any pension plan, other than the retirement system, includes the

10 ability of the board of trustees, from time to time, to establish rules and regulations for

11 the administration of funds of such other pension plan and for the transaction of such

12 other pension plan's business. Nothing in this section shall prevent the board of

13 alderman of a city not within a county from adopting ordinances to govern the

14 pensioning of firefighters and their covered dependents in any other pension plan

15 simultaneously administered by the board of trustees of the retirement system.

    87.155. 1. The board of trustees shall keep in convenient form such data as is

2 necessary for actuarial valuation of the funds of the retirement system and for checking the

3 experience of the system.

4   2. The board of trustees shall keep a record of all its proceedings which shall be open

5 to public inspection. It shall publish annually a report showing the fiscal transactions of the

6 retirement system for the preceding fiscal year, the amount of the accumulated cash and

7 securities of the system, and the last balance sheet showing the financial condition of the

8 system by means of an actuarial valuation of the assets and liabilities of the retirement

9 system.

10  3. To the extent the board of trustees administers a pension plan other than the

11 retirement system, the board of trustees shall maintain separate records of all

12 proceedings of such other pension plan.

    87.260. The board of trustees of the firefighters' retirement system shall have the

2 exclusive authority and discretion to invest and reinvest the funds in property of any kind, real

3 or personal. The board of trustees shall invest and manage the fund as a prudent investor

4 would, by considering the purposes, terms, distribution requirements, and other circumstances

5 of the firefighters' retirement system. In satisfying this standard, the board of trustees shall

6 exercise reasonable care, skill, and caution. No trustee shall have any interest as a trustee in

7 the gains or profits made on any investment, except benefits from interest in investments

8 common to all members of the plan, if entitled thereto. To the extent the board of trustees
SS SCS HB 225                                 14

9 administers a pension plan other than the retirement system, the board of trustees shall

10 also have the authority and discretion to invest and reinvest the funds of such other

11 pension plan in property of any kind, real or personal. The board of trustees may

12 choose to invest the funds of the retirement system and the funds of the other pension

13 plan in the same investments so long as the amounts invested and the gains, profits, or

14 losses on such investments are accounted for separately. No benefits due to the

15 firefighters or their covered dependents from the other pension plan shall be paid from

16 the funds of the retirement system. Nothing in this section shall prevent the board of

17 alderman of a city not within a county from adopting ordinances to govern the

18 pensioning of firefighters and their covered dependents in any other pension plan

19 simultaneously administered by the board of trustees of the retirement system.

    87.350. The expense fund shall be the fund to which shall be credited all money

2 provided to pay the administration expenses of the retirement system and from which shall be

3 paid all the expenses necessary in connection with the administration and operation of the

4 system. Annually the board of trustees shall estimate the amount of money necessary to be

5 paid into the expense fund during the ensuing year to provide for the expense of operation of

6 the retirement system. Such estimate shall be provided by the board of trustees from interest

7 and other earnings on assets of the retirement system. In no event shall any expenses,

8 including administrative expenses, incurred by the board of trustees in the

9 administration of any pension plan other than the retirement system or in the

10 investment of any funds of any pension plan other than the retirement system be paid

11 from the funds of the retirement system. Such expenses shall be paid entirely from the

12 funds of the other pension plan.

    94.900. 1. (1) The governing body of the following cities may impose a tax as

2 provided in this section:

3   (a) Any city of the third classification with more than ten thousand eight hundred but

4 less than ten thousand nine hundred inhabitants located at least partly within a county of the

5 first classification with more than one hundred eighty-four thousand but less than one

6 hundred eighty-eight thousand inhabitants;

7   (b) Any city of the fourth classification with more than four thousand five hundred

8 but fewer than five thousand inhabitants;

9   (c) Any city of the fourth classification with more than eight thousand nine hundred

10 but fewer than nine thousand inhabitants;

11  (d) Any home rule city with more than forty-eight thousand but fewer than forty-nine

12 thousand inhabitants;

13  (e) Any home rule city with more than seventy-three thousand but fewer than

14 seventy-five thousand inhabitants;
SS SCS HB 225                                    15

15  (f) Any city of the fourth classification with more than thirteen thousand five hundred

16 but fewer than sixteen thousand inhabitants;

17  (g) Any city of the fourth classification with more than seven thousand but fewer than

18 eight thousand inhabitants;

19  (h) Any city of the fourth classification with more than four thousand but fewer than

20 four thousand five hundred inhabitants and located in any county of the first classification

21 with more than one hundred fifty thousand but fewer than two hundred thousand inhabitants;

22  (i) Any city of the third classification with more than thirteen thousand but fewer than

23 fifteen thousand inhabitants and located in any county of the third classification without a

24 township form of government and with more than thirty-three thousand but fewer than thirty-

25 seven thousand inhabitants;

26  (j) Any city of the fourth classification with more than three thousand but fewer than

27 three thousand three hundred inhabitants and located in any county of the third classification

28 without a township form of government and with more than eighteen thousand but fewer than

29 twenty thousand inhabitants and that is not the county seat of such county;

30  (k) Any city with more than ten thousand but fewer than eleven thousand inhabitants

31 and partially located in a county with more than two hundred thirty thousand but fewer than

32 two hundred sixty thousand inhabitants;

33  (l) Any city with more than four thousand nine hundred but fewer than five thousand

34 six hundred inhabitants and located in a county with more than thirty thousand but fewer than

35 thirty-five thousand inhabitants; [or]

36  (m) Any city with more than twelve thousand five hundred but fewer than fourteen

37 thousand inhabitants and that is the county seat of a county with more than twenty-two

38 thousand but fewer than twenty-five thousand inhabitants;

39  (n) Any village with more than four hundred thirty but fewer than four hundred

40 eighty inhabitants and partially located in a county with more than forty thousand but

41 fewer than fifty thousand inhabitants and with a county seat with more than two

42 thousand but fewer than six thousand inhabitants;

43  (o) Any city with more than sixteen thousand but fewer than eighteen thousand

44 inhabitants and located in more than one county;

45  (p) Any city with more than twelve thousand five hundred but fewer than

46 fourteen thousand inhabitants and located in a county with more than twenty-two

47 thousand but fewer than twenty-five thousand inhabitants and with a county seat with

48 more than nine hundred but fewer than one thousand four hundred inhabitants;

49  (q) Any city with more than fifty-one thousand but fewer than fifty-eight

50 thousand inhabitants and located in more than one county;
SS SCS HB 225                  16

51       (r) Any city with more than eight thousand but fewer than nine thousand

52 inhabitants and that is the county seat of a county with more than nineteen thousand but

53 fewer than twenty-two thousand inhabitants;

54       (s) Any city with more than one hundred sixty-five but fewer than one hundred

55 eighty-five inhabitants and located in a county with more than eleven thousand but

56 fewer than twelve thousand five hundred inhabitants and with a county seat with more

57 than four thousand but fewer than five thousand inhabitants; or

58       (t) Any city with more than two thousand one hundred fifty but fewer than two

59 thousand four hundred inhabitants and located in a county with more than seven

60 hundred thousand but fewer than eight hundred thousand inhabitants.

61       (2) The governing body of any city listed in subdivision (1) of this subsection is

62 hereby authorized to impose, by ordinance or order, a sales tax in the amount of up to one-half

63 of one percent on all retail sales made in such city which are subject to taxation under the

64 provisions of sections 144.010 to 144.525 for the purpose of improving the public safety for

65 such city, which shall be limited to expenditures on equipment, salaries and benefits, and

66 facilities for police, fire and emergency medical providers. The tax authorized by this section

67 shall be in addition to any and all other sales taxes allowed by law, except that no ordinance or

68 order imposing a sales tax pursuant to the provisions of this section shall be effective unless

69 the governing body of the city submits to the voters of the city, at a county or state general,

70 primary or special election, a proposal to authorize the governing body of the city to impose a

71 tax.

72       2. If the proposal submitted involves only authorization to impose the tax authorized

73 by this section, the ballot of submission shall contain, but need not be limited to, the

74 following language:

75       Shall the city of _________ (city's name) impose a citywide sales tax of __

76       _______ (insert amount) for the purpose of improving the public safety of

77       the city?

78                      ☐ YES                   ☐ NO

79       If you are in favor of the question, place an "X" in the box opposite "YES".

80       If you are opposed to the question, place an "X" in the box opposite "NO".

81

82 If a majority of the votes cast on the proposal by the qualified voters voting thereon are in

83 favor of the proposal submitted pursuant to this subsection, then the ordinance or order and

84 any amendments thereto shall be in effect on the first day of the second calendar quarter after

85 the director of revenue receives notification of adoption of the local sales tax. If a proposal

86 receives less than the required majority, then the governing body of the city shall have no

87 power to impose the sales tax herein authorized unless and until the governing body of the
SS SCS HB 225                                   17

88 city shall again have submitted another proposal to authorize the governing body of the city to

89 impose the sales tax authorized by this section and such proposal is approved by the required

90 majority of the qualified voters voting thereon. However, in no event shall a proposal

91 pursuant to this section be submitted to the voters sooner than twelve months from the date of

92 the last proposal pursuant to this section.

93           3. All revenue received by a city from the tax authorized under the provisions of this

94 section shall be deposited in a special trust fund and shall be used solely for improving the

95 public safety for such city for so long as the tax shall remain in effect.

96           4. Once the tax authorized by this section is abolished or is terminated by any means,

97 all funds remaining in the special trust fund shall be used solely for improving the public

98 safety for the city. Any funds in such special trust fund which are not needed for current

99 expenditures may be invested by the governing body in accordance with applicable laws

100 relating to the investment of other city funds.

101          5. All sales taxes collected by the director of the department of revenue under this

102 section on behalf of any city, less one percent for cost of collection which shall be deposited

103 in the state's general revenue fund after payment of premiums for surety bonds as provided in

104 section 32.087, shall be deposited in a special trust fund, which is hereby created, to be

105 known as the "City Public Safety Sales Tax Trust Fund". The moneys in the trust fund shall

106 not be deemed to be state funds and shall not be commingled with any funds of the state. The

107 provisions of section 33.080 to the contrary notwithstanding, money in this fund shall not be

108 transferred and placed to the credit of the general revenue fund. The director of the

109 department of revenue shall keep accurate records of the amount of money in the trust and

110 which was collected in each city imposing a sales tax pursuant to this section, and the records

111 shall be open to the inspection of officers of the city and the public. Not later than the tenth

112 day of each month the director of the department of revenue shall distribute all moneys

113 deposited in the trust fund during the preceding month to the city which levied the tax; such

114 funds shall be deposited with the city treasurer of each such city, and all expenditures of funds

115 arising from the trust fund shall be by an appropriation act to be enacted by the governing

116 body of each such city. Expenditures may be made from the fund for any functions

117 authorized in the ordinance or order adopted by the governing body submitting the tax to the

118 voters.

119          6. The director of the department of revenue may make refunds from the amounts in

120 the trust fund and credited to any city for erroneous payments and overpayments made, and

121 may redeem dishonored checks and drafts deposited to the credit of such cities. If any city

122 abolishes the tax, the city shall notify the director of the department of revenue of the action at

123 least ninety days prior to the effective date of the repeal and the director of the department of

124 revenue may order retention in the trust fund, for a period of one year, of two percent of the
SS SCS HB 225  18

125 amount collected after receipt of such notice to cover possible refunds or overpayment of the

126 tax and to redeem dishonored checks and drafts deposited to the credit of such accounts.

127 After one year has elapsed after the effective date of abolition of the tax in such city, the

128 director of the department of revenue shall remit the balance in the account to the city and

129 close the account of that city. The director of the department of revenue shall notify each city

130 of each instance of any amount refunded or any check redeemed from receipts due the city.

131  7. Except as modified in this section, all provisions of sections 32.085 and 32.087

132 shall apply to the tax imposed pursuant to this section.

133  8. If any city in subsection 1 of this section enacts the tax authorized in this section,

134 the city shall budget an amount to public safety that is no less than the amount budgeted in the

135 year immediately preceding the enactment of the tax. The revenue from the tax shall

136 supplement and not replace amounts budgeted by the city.

     144.757. 1. As used in sections 144.757 to 144.761, "taxing jurisdiction" shall

2 include any county, municipality, or any other political subdivision authorized to impose

3 a sales tax under section 94.850, 94.890, 190.040, 190.305, 190.335, 190.455, or 321.552

4 or any other statute authorizing the imposition of a sales tax for emergency services.

5    2. (1) Notwithstanding any other provision of law to the contrary, any [county or

6 municipality] taxing jurisdiction may, by a majority vote of its governing body, impose a

7 local use tax if a local sales tax is imposed as defined in section 32.085 or if a sales tax is

8 imposed under section 94.850 [or], 94.890, [with] 190.040, 190.305, 190.335, 190.455, or

9 321.552 or any other statute authorizing the imposition of a sales tax for emergency

10 services.

11   (2) Such local use tax shall be imposed on the same property and services upon

12 which the local sales tax or sales tax is imposed at a rate equal to the rate of the

13 corresponding local sales tax [and any] or sales tax imposed [under section 94.850 or

14 94.890] by such [county or municipality; provided, however, that no ordinance or order

15 enacted pursuant to sections 144.757 to 144.761] taxing jurisdiction.

16   (3) No such use tax shall be effective unless the governing body of the [county or

17 municipality] taxing jurisdiction submits to the voters thereof at a municipal, county, or state

18 general, primary, or special election a proposal to authorize the governing body [of the county

19 or municipality] to impose a local use tax pursuant to sections 144.757 to 144.761.

20   [(1)] (4) The ballot of submission for a local use tax corresponding to a local sales

21 tax, as defined in section 32.085, or a sales tax under section 94.850 or 94.890 shall

22 contain substantially the following language:

23   Shall the ______ (county or municipality's name)

24   impose a local use tax at the same rate as the total local

25   sales tax rate, provided that if the local sales tax rate is
SS SCS HB 225                             19

26  reduced or raised by voter approval, the local use tax rate

27  shall also be reduced or raised by the same action?

28  ☐ YES           ☐ NO

29  If you are in favor of the question, place an “X” in the

30  box opposite “YES”. If you are opposed to the question,

31  place an “X” in the box opposite “NO”.

32  (5) The ballot of submission for a local use tax corresponding to a sales tax

33 imposed under section 190.040, 190.305, 190.335, 190.455, or 321.552 or any other

34 statute authorizing the imposition of a sales tax for emergency services shall contain

35 substantially the following language:

36  "Shall the ______ (insert taxing jurisdiction's name) impose a local

37  use tax at the same rate as the ______ (insert name of the

38  corresponding sales tax), provided that if the ______ (insert name of

39  the corresponding sales tax) rate is reduced or raised by voter

40  approval, the local use tax rate shall also be reduced or raised by the

41  same action?".

42  [(2)] If [any of such ballots are submitted on August 6, 1996, and if a majority of the

43 votes cast on the proposal by the qualified voters voting thereon are in favor of the proposal,

44 then the ordinance or order and any amendments thereto shall be in effect October 1, 1996,

45 provided the director of revenue receives notice of adoption of the local use tax on or before

46 August 16, 1996. If any of such ballots are submitted after December 31, 1996, and if] a

47 majority of the votes cast on the proposal by the qualified voters voting thereon are in favor of

48 the proposal, then the ordinance or order and any amendments thereto shall be in effect on the

49 first day of the calendar quarter which begins at least forty-five days after the director of

50 revenue receives notice of adoption of the local use tax. If a majority of the votes cast by the

51 qualified voters voting are opposed to the proposal, then the governing body of the [county or

52 municipality] taxing jurisdiction shall have no power to impose the local use tax as herein

53 authorized unless and until the governing body of the [county or municipality] taxing

54 jurisdiction shall again have submitted another proposal to authorize the governing body of

55 the [county or municipality] taxing jurisdiction to impose the local use tax and such proposal

56 is approved by a majority of the qualified voters voting thereon.

57  [2.] 3. The local use tax may be imposed at the same rate as [the local] any sales tax

58 listed in subsection 1 of this section then currently in effect in the county or municipality

59 upon all transactions which are subject to the taxes imposed pursuant to sections 144.600 to

60 144.745 within the county or municipality adopting such tax; provided, however, that if any

61 local sales tax is repealed or the rate thereof is reduced or raised by voter approval, the local
SS SCS HB 225             20

62 use tax rate shall also be deemed to be repealed, reduced, or raised by the same action

63 repealing, reducing, or raising [the local] such sales tax. A county or municipality

64 collecting a local use tax corresponding to a sales tax imposed for an emergency service

65 shall disburse a proportional share of such local use tax to such emergency service

66 agency or department.

67  [3.] 4. For purposes of sections 144.757 to 144.761, the use tax may be referred to or

68 described as the equivalent of a sales tax on purchases made from out-of-state sellers by in-

69 state buyers and on certain intrabusiness transactions. Such a description shall not change the

70 classification, form or subject of the use tax or the manner in which it is collected. The use

71 tax shall not be described as a new tax or as not a new tax and shall not be advertised or

72 promoted in a manner in violation of section 115.646.

73  5. Notwithstanding any other provision of law to the contrary, a local use tax

74 corresponding to a sales tax imposed under section 190.040, 190.305, 190.335, 190.455,

75 or 321.552 or any other statute authorizing the imposition of a sales tax for emergency

76 services shall be collected, deposited, distributed, refunded, repealed, or otherwise

77 administered as provided in the authorizing statute for the corresponding sales tax.

    173.2655. 1. This section and section 173.2660 shall be known and may be cited

2 as the "Public Safety Recruitment and Retention Act".

3   2. For purposes of this section and section 173.2660, unless the context clearly

4 indicates otherwise, the following terms mean:

5   (1) "Advanced emergency medical technician", as such term is defined in section

6 190.100;

7   (2) "Department", the department of higher education and workforce

8 development;

9   (3) "Emergency medical technician", as such term is defined in section 190.100;

10  (4) "Firefighter", any officer or employee of a fire department who is employed

11 for the purpose of fighting fires, excluding volunteer firefighters and anyone employed

12 in a clerical or other capacity not involving fire-fighting duties;

13  (5) "Institution of higher education", a public community college, state college,

14 or state university located in Missouri; or an approved private institution, as such term

15 is defined in section 173.1102, that chooses to accept any tuition award money pursuant

16 to subdivision (2) of subsection 7 of this section; or an emergency medical services

17 training entity accredited or certified by the Missouri department of health and senior

18 services pursuant to the provisions of section 190.131;

19  (6) "Legal dependent", as such term is defined by the United States Department

20 of Education for purposes of the Free Application for Federal Student Aid;
SS SCS HB 225                                 21

21  (7) "Line of duty", any action that public safety personnel is authorized or

22 obligated by law, rule, or regulation to perform, related to or as a condition of

23 employment or service;

24  (8) "Open seat", a vacant position in a class, course, or program that is available

25 for enrollment, and which may become available when a student drops out or transfers,

26 or when a class, course, or program has unused capacity, allowing new students to

27 register or enroll;

28  (9) "Paramedic", as such term is defined in section 190.100;

29  (10) "Police officer", any person who, by virtue of office or public employment,

30 is vested by law with the power and duty to make arrests for violation of the laws of the

31 state of Missouri or ordinances of any municipality thereof, while acting within the

32 scope of his or her authority as an employee of a public law enforcement agency, as such

33 term is defined in section 590.1040;

34  (11) "Public safety personnel", includes any police officer, firefighter,

35 paramedic, telecommunicator first responder, emergency medical technician, or

36 advanced emergency medical technician who is trained and authorized by law or rule

37 to render emergency medical assistance or treatment;

38  (12) "Telecommunicator first responder", as such term is defined in section

39 650.320;

40  (13) "Tuition", the charges and cost of tuition as set by the governing body of an

41 institution of higher education, including fees such as course fees, activity fees,

42 technology fees, and mandatory fees charged by such institution to all full-time students

43 as a condition of enrollment, but excluding the costs of room, board, books, and any

44 other educational materials, equipment, or supplies.

45  3. Subject to appropriation, public safety personnel with at least six years of

46 service shall be entitled to an award worth up to one hundred percent of the resident

47 tuition charges of an institution of higher education if the individual:

48  (1) Possesses one of the following:

49  (a) A current, valid license issued by the department of health and senior

50 services authorizing such person to serve as an emergency medical technician, advanced

51 emergency medical technician, or paramedic;

52  (b) A current, valid license issued by the peace officer standards and training

53 commission authorizing such person to serve as a peace officer pursuant to the

54 provisions of chapter 590;

55  (c) A current, valid certificate issued by the division of fire safety authorizing

56 such person to serve as a firefighter; or
SS SCS HB 225  22

57  (d) A current, valid certificate confirming successful completion of any ongoing

58 training requirements pursuant to section 650.340; and

59  (e) For all public safety personnel, a certificate of verification signed by the

60 individual's supervisor or employer verifying that such individual is currently employed

61 full-time as public safety personnel and trained and authorized by law or rule to render

62 emergency medical assistance or treatment;

63  (2) Meets all admission requirements of the institution of higher education;

64  (3) Has not already earned a baccalaureate degree;

65  (4) Pursues studies leading to a license or certification issued by a training entity

66 accredited or certified pursuant to the provisions of section 190.131, an associate degree

67 or baccalaureate degree in one of the following academic subject areas:

68  (a) For police officers, eligible subjects include forensic science, fisheries and

69 wildlife, political science, psychology, history, philosophy, sociology, anthropology,

70 global studies, Spanish, journalism, advertising, public relations, nutrition and health

71 sciences, communication sciences and disorders, and criminal justice;

72  (b) For firefighters, paramedics, emergency medical technicians, and advanced

73 emergency medical technicians, eligible subjects include biology, chemistry,

74 biochemistry, microbiology, nutrition and health sciences, communication sciences

75 and disorders, Spanish, advertising, public relations, paramedicine, fire science, fire

76 technology, fire administration, fire management, communications, homeland security,

77 emergency management, disaster management, and crisis management; and

78  (c) For telecommunicator first responders, eligible subjects include any subject

79 specified in paragraph (a) or (b) of this subdivision;

80  (5) Submits verification of the professional license or certificate and the

81 certificate of verification required by subdivision (1) of this subsection to the

82 department, in a form and manner as prescribed by the department;

83  (6) Files with the department documentation showing proof of employment as

84 public safety personnel and proof of residence in Missouri each year such individual or

85 such individual's legal dependent applies for and receives the tuition award;

86  (7) First applies for all other forms of federal and state student financial aid

87 before applying for a tuition award, including, but not limited to, filing the United States

88 Department of Education Free Application for Federal Student Aid and, if applicable,

89 applying for financial assistance pursuant to the provisions of 38 U.S.C. Section 3301, et

90 seq.; and

91  (8) Submits a document to the department confirming that the public safety

92 personnel has satisfied the provisions of subdivision (7) of this subsection, to be

93 submitted in a form and manner as prescribed by the department.
SS SCS HB 225                        23

94         4. Public safety personnel may receive the tuition award pursuant to subsection

95 3 of this section for up to five years if they otherwise continue to be eligible for the

96 tuition award. The five years of tuition award eligibility starts once the individual

97 applies for and receives the tuition award for the first time and is available to such

98 individual for the next five consecutive years or the individual's achievement of one

99 hundred twenty credit hours, whichever occurs first.

100        5. Subject to appropriation, a legal dependent of public safety personnel with at

101 least ten years of service shall be entitled to a tuition award worth up to one hundred

102 percent of the resident tuition charges of an institution of higher education for an

103 associate or baccalaureate degree program if such public safety personnel satisfies the

104 provisions of subdivisions (1), (5), and (6) of subsection 3 of this section and the legal

105 dependent:

106        (1) Executes an agreement with the department in accordance with the

107 provisions of section 173.2660;

108        (2) Has not previously earned a baccalaureate degree;

109        (3) Meets all admission requirements of the institution of higher education;

110        (4) First applies for all other forms of federal and state student financial aid

111 before applying for a tuition award, including, but not limited to, filing the United States

112 Department of Education Free Application for Federal Student Aid and, if applicable,

113 applying for financial assistance pursuant to the provisions of 38 U.S.C. Section 3301, et

114 seq.;

115        (5) Submits a document to the department confirming that the legal dependent

116 has satisfied subdivision (4) of this subsection, to be submitted in a form and manner as

117 prescribed by the department;

118        (6) Submits the verification required pursuant to subsection 8 of this section to

119 the department; and

120        (7) Pursues studies leading to a license or certification issued by a training entity

121 accredited or certified pursuant to the provisions of section 190.131, an associate degree

122 or baccalaureate degree in any one of the subject areas specified in paragraphs (a) to (c)

123 of subdivision (4) of subsection 3 of this section.

124        6. A legal dependent may receive the tuition award for up to five years if the

125 public safety personnel and the legal dependent continue to be eligible for such tuition

126 award. The five years of tuition award eligibility starts once the legal dependent applies

127 for and receives the tuition award for the first time and is available to such legal

128 dependent for the next five consecutive years or the legal dependent's achievement of

129 one hundred twenty credit hours, whichever occurs first.

130        7. The tuition award shall be worth:
SS SCS HB 225                                   24

131  (1) Up to one hundred percent of the public safety personnel's or the legal

132 dependent's tuition remaining due after subtracting awarded federal financial aid

133 grants and state scholarships and grants for the eligible public safety personnel or legal

134 dependent during the time the public safety personnel or legal dependent is enrolled. To

135 remain eligible, the public safety personnel or legal dependent shall comply with all

136 requirements of the institution for continued attendance and award of an associate

137 degree or a baccalaureate degree; or

138  (2) In the case of tuition at an approved private institution, up to one hundred

139 percent of the public safety personnel's or the legal dependent's tuition remaining due

140 after subtracting awarded federal financial aid grants and state scholarships and grants

141 for the eligible public safety personnel or legal dependent during the time the public

142 safety personnel or legal dependent is enrolled, up to a maximum amount that is equal

143 to the total cost of tuition and mandatory fees charged to a Missouri resident at the

144 public community college, state college, or state university with the highest combined

145 tuition and mandatory fee cost in the state at the time a tuition grant is awarded, as

146 determined by the department. A private institution that chooses to accept as a tuition

147 payment any tuition award money pursuant to this subdivision shall not charge the

148 recipient of the tuition award any tuition that exceeds the maximum combined tuition

149 and mandatory fee cost as determined by the department prior to the application of the

150 tuition award.

151  8. (1) An application for a tuition award shall include a verification of the public

152 safety personnel's satisfaction of the requirements of subdivisions (1), (5), and (6) of

153 subsection 3 of this section. The public safety personnel shall include such verification

154 when he or she or his or her legal dependent is applying to the department for a tuition

155 waiver.

156  (2) The death of public safety personnel in the line of duty which occurs after

157 submission of an application for a tuition award shall not disqualify such individual's

158 otherwise eligible legal dependent from receiving the tuition award. In such case, in lieu

159 of submitting the certificate of verification provided for in subdivision (1) of this

160 subsection, the legal dependent shall submit a statement attesting that:

161  (a) At the time of death, such public safety personnel satisfied the requirements

162 of subdivision (1) of this subsection; and

163  (b) Such public safety personnel died in the line of duty.

164  9. The department shall provide a tuition award to public safety personnel and

165 legal dependents who satisfy the provisions of this section and section 173.2660, if

166 applicable, and apply for an open seat at an institution of higher education, but shall not
SS SCS HB 225              25

167 provide a tuition award if doing so would require the institution to create additional

168 seats exceeding class, course, or program capacity.

169  10. All applicants for a tuition award shall submit their applications to the

170 department no later than December fifteenth annually. No later than March first

171 annually, the department shall send written notice of the applicant's eligibility or

172 ineligibility for the tuition award and state whether the application has been approved

173 or denied. If the applicant is determined not to be eligible for the tuition award, the

174 notice shall include the reason or reasons for such determination. If the application is

175 denied, the notice shall include the reason or reasons for the denial.

176  11. The department shall promulgate rules to implement the provisions of this

177 section and section 173.2660. Any rule or portion of a rule, as that term is defined in

178 section 536.010, that is created under the authority delegated in this section shall

179 become effective only if it complies with and is subject to all of the provisions of chapter

180 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable

181 and if any of the powers vested with the general assembly pursuant to chapter 536 to

182 review, to delay the effective date, or to disapprove and annul a rule are subsequently

183 held unconstitutional, then the grant of rulemaking authority and any rule proposed or

184 adopted after August 28, 2025, shall be invalid and void.

185  12. (1) There is hereby created in the state treasury the "Public Safety

186 Recruitment and Retention Fund", which shall consist of moneys appropriated by the

187 general assembly or any gifts, donations, or bequests for the purpose of implementing

188 the provisions of this section and section 173.2660. The state treasurer shall be

189 custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer

190 may approve disbursements. The fund shall be a dedicated fund and money in the fund

191 shall be used solely by the department of higher education and workforce development

192 for the purpose of granting tuition awards as provided in this section and section

193 173.2660.

194  (2) Notwithstanding the provisions of section 33.080 to the contrary, any moneys

195 remaining in the fund at the end of the biennium shall not revert to the credit of the

196 general revenue fund.

197  (3) The state treasurer shall invest moneys in the fund in the same manner as

198 other funds are invested. Any interest and moneys earned on such investments shall be

199 credited to the fund.

200  13. In any year in which moneys in the public safety recruitment and retention

201 fund are insufficient to fully fund tuition awards for all eligible applicants, tuition

202 awards shall be awarded in the following order of priority; provided that, in the event of

203 a tie in eligibility, available funds shall be distributed on a pro rata basis:
SS SCS HB 225                     26

204         (1) Priority class one shall include public safety personnel, in the following

205 order:

206         (a) Public safety personnel in departments located wholly or partially in counties

207 or cities not within a county with the highest crime rate per capita, as determined by the

208 most recent uniform crime reporting statistics from the Federal Bureau of

209 Investigation; and

210         (b) Public safety personnel with the most years of service; and

211         (2) Priority class two shall include dependents of public safety personnel, in the

212 following order:

213         (a) Dependents of public safety personnel in departments located wholly or

214 partially in counties or cities not within a county with the highest crime rate per capita,

215 as determined by the most recent uniform crime reporting statistics from the Federal

216 Bureau of Investigation; and

217         (b) Dependents of public safety personnel with the most years of service.

218         14. The tuition awards provided for in this section and section 173.2660 are

219 subject to appropriation. If there are no moneys in the fund established in subsection 12

220 of this section, no tuition awards shall be granted.

            173.2660. 1. Each legal dependent who is a tuition award recipient pursuant to

2 the provisions of section 173.2655 shall execute an agreement as provided in this section.

3 Such agreement shall include the following terms, as appropriate:

4           (1) The tuition award recipient agrees to reside within the state of Missouri for a

5 period of five years following the use of the tuition award;

6           (2) Each year during the five-year period following use of the tuition award, the

7 tuition award recipient agrees to file a state income tax return and provide a copy of

8 such tax return to the department to document that such recipient still resides in the

9 state of Missouri;

10          (3) If the tuition award recipient fails to annually file a tax return to prove

11 residency in the state of Missouri for the five-year period following the use of the tuition

12 award or fails to remain a resident of Missouri for the five-year period following the use

13 of the tuition award, the tuition award recipient agrees that the tuition award shall be

14 treated as a loan to such recipient, subject to the following conditions:

15          (a) Interest shall be charged on the unpaid balance of the amount received from

16 the date the recipient ceases to reside in Missouri until the amount received is paid back

17 to the state. The interest rate shall be adjusted annually and shall be equal to one

18 percentage point over the prevailing United States prime rate in effect on January first

19 of such year; and
SS SCS HB 225                                27

20  (b) The servicer of such loans shall be the higher education loan authority of the

21 state of Missouri created pursuant to sections 173.350 to 173.445; and

22  (4) Any residency, filing, or payment obligation incurred by the tuition award

23 recipient under section 173.2655 is canceled in the event of the tuition award recipient's

24 total and permanent disability or death.

25  2. The five-year residency requirement begins once the legal dependent applies

26 for and receives the tuition award for the first time and continues until the tuition award

27 recipient's:

28  (1) Completion of the five-year tuition award eligibility period;

29  (2) Completion of a baccalaureate degree at an institution of higher education;

30  (3) Completion of an associate degree at a public community college and

31 notification to the department that such recipient does not intend to pursue a

32 baccalaureate degree or additional associate degree using tuition awards pursuant to the

33 public safety recruitment and retention act; or

34  (4) Notification to the department that such recipient does not plan to use

35 additional tuition awards pursuant to the public safety recruitment and retention act.

    190.053. 1. All members of the board of directors of an ambulance district first

2 elected on or after January 1, 2008, shall attend and complete an educational seminar or

3 conference or other suitable training on the role and duties of a board member of an

4 ambulance district. The training required under this section shall be offered by a statewide

5 association organized for the benefit of ambulance districts or be approved by the state

6 advisory council on emergency medical services. Such training shall include, at a minimum:

7   (1) Information relating to the roles and duties of an ambulance district director;

8   (2) A review of all state statutes and regulations relevant to ambulance districts;

9   (3) State ethics laws;

10  (4) State sunshine laws, chapter 610;

11  (5) Financial and fiduciary responsibility;

12  (6) State laws relating to the setting of tax rates; and

13  (7) State laws relating to revenue limitations.

14  2. [If any ambulance district board member fails to attend a training session within

15 twelve months after taking office, the board member shall not be compensated for attendance

16 at meetings thereafter until the board member has completed such training session. If any

17 ambulance district board member fails to attend a training session within twelve months of

18 taking office regardless of whether the board member received an attendance fee for a

19 training session, the board member shall be ineligible to run for reelection for another term of

20 office until the board member satisfies the training requirement of this section; however, this

21 requirement shall only apply to board members elected after August 28, 2022] All members
SS SCS HB 225                   28

22 of the board of directors of an ambulance district shall complete three hours of

23 continuing education for each term of office. The continuing education shall be offered

24 by a statewide association organized for the benefit of ambulance districts or be

25 approved by the state advisory council on emergency medical services.

26  3. Any ambulance district board member who fails to complete the initial

27 training and continuing education requirements on or before the anniversary date of his

28 or her election or appointment shall immediately be disqualified from office and his or

29 her position shall be vacant without further process or declaration. The vacancy shall

30 be filled in the manner provided for pursuant to section 190.052.

    190.076. Each ambulance district shall arrange for an audit of the records and

2 accounts of the district at least every three years by a certified public accountant or firm

3 of certified public accountants. The audit shall be made available to the public on the

4 district's website or otherwise freely available by other electronic means.

    190.101. 1. There is hereby established a "State Advisory Council on Emergency

2 Medical Services" which shall consist of [sixteen] no more than twenty-three members, one

3 of which shall be [a resident] the chief paramedic of a city not within a county. The

4 members of the council shall be appointed [by the governor with the advice and consent of the

5 senate] in accordance with subsection 2 of this section and shall serve terms of four years.

6 The [governor shall designate one of the members as chairperson] council members shall

7 annually select a chairperson, along with other officers as the council deems necessary.

8 The chairperson may appoint subcommittees that include noncouncil members.

9   2. Council members shall be appointed as follows:

10  (1) The director of the department of health and senior services shall make

11 appointments to the council from the recommendations provided by the following:

12  (a) The statewide professional association representing ambulance service

13 managers;

14  (b) The statewide professional association representing emergency medical

15 technicians and paramedics;

16  (c) The statewide professional association representing ambulance districts;

17  (d) The statewide professional association representing fire chiefs;

18  (e) The statewide professional association representing fire protection districts;

19  (f) The statewide professional association representing firefighters;

20  (g) The statewide professional association representing emergency nurses;

21  (h) The statewide professional association representing the air ambulance

22 industry;

23  (i) The statewide professional association representing emergency medicine

24 physicians;
SS SCS HB 225                               29

25  (j) The statewide association representing hospitals; and

26  (k) The statewide association representing pediatric emergency professionals;

27  (2) The director of health and senior services shall appoint a member to the

28 council with a background in mobile integrated health care-community paramedicine

29 (MIH-CP);

30  (3) Each regional EMS advisory committee shall appoint one member; and

31  (4) The time-critical diagnosis advisory committee established under section

32 190.257 shall appoint one member.

33  3. The state EMS medical directors advisory committee and the regional EMS

34 advisory committees will be recognized as subcommittees of the state advisory council on

35 emergency medical services.

36  [3.] 4. The council shall have geographical representation and representation from

37 appropriate areas of expertise in emergency medical services including volunteers,

38 professional organizations involved in emergency medical services, EMT's, paramedics,

39 nurses, firefighters, physicians, ambulance service administrators, hospital administrators and

40 other health care providers concerned with emergency medical services. [The regional EMS

41 advisory committees shall serve as a resource for the identification of potential members of

42 the state advisory council on emergency medical services.

43  4.] 5. The state EMS medical director, as described under section 190.103, shall serve

44 as an ex officio member of the council.

45  [5.] 6. The members of the council and subcommittees shall serve without

46 compensation except that members of the council shall, subject to appropriations, be

47 reimbursed for reasonable travel expenses and meeting expenses related to the functions of

48 the council.

49  [6.] 7. The purpose of the council is to make recommendations to the governor, the

50 general assembly, and the department on policies, plans, procedures and proposed regulations

51 on how to improve the statewide emergency medical services system. The council shall

52 advise the governor, the general assembly, and the department on all aspects of the emergency

53 medical services system.

54  [7.] 8. (1) There is hereby established a standing subcommittee of the council to

55 monitor the implementation of the recognition of the EMS personnel licensure interstate

56 compact under sections 190.900 to 190.939, the interstate commission for EMS personnel

57 practice, and the involvement of the state of Missouri. The subcommittee shall meet at least

58 biannually and receive reports from the Missouri delegate to the interstate commission for

59 EMS personnel practice. The subcommittee shall consist of at least seven members appointed

60 by the chair of the council, to include at least two members as recommended by the Missouri

61 state council of firefighters and one member as recommended by the Missouri Association of
SS SCS HB 225                                30

62 Fire Chiefs. The subcommittee may submit reports and recommendations to the council, the

63 department of health and senior services, the general assembly, and the governor regarding

64 the participation of Missouri with the recognition of the EMS personnel licensure interstate

65 compact.

66  (2) The subcommittee shall formally request a public hearing for any rule proposed

67 by the interstate commission for EMS personnel practice in accordance with subsection 7 of

68 section 190.930. The hearing request shall include the request that the hearing be presented

69 live through the internet. The Missouri delegate to the interstate commission for EMS

70 personnel practice shall be responsible for ensuring that all hearings, notices of, and related

71 rulemaking communications as required by the compact be communicated to the council and

72 emergency medical services personnel under the provisions of subsections 4, 5, 6, and 8 of

73 section 190.930.

74  (3) The department of health and senior services shall not establish or increase fees

75 for Missouri emergency medical services personnel licensure in accordance with this chapter

76 for the purpose of creating the funds necessary for payment of an annual assessment under

77 subdivision (3) of subsection 5 of section 190.924.

78  [8.] 9. The council shall consult with the time-critical diagnosis advisory committee,

79 as described under section 190.257, regarding time-critical diagnosis.

    190.109. 1. The department shall, within a reasonable time after receipt of an

2 application, cause such investigation as the department deems necessary to be made of the

3 applicant for a ground ambulance license.

4   2. Any person that owned and operated a licensed ambulance on December 31, 1997,

5 shall receive an ambulance service license from the department, unless suspended, revoked or

6 terminated, for that ambulance service area which was, on December 31, 1997, described and

7 filed with the department as the primary service area for its licensed ambulances on August

8 28, 1998, provided that the person makes application and adheres to the rules and regulations

9 promulgated by the department pursuant to sections 190.001 to 190.245.

10  3. The department shall issue a new ground ambulance service license to an

11 ambulance service that is not currently licensed by the department, or is currently licensed by

12 the department and is seeking to expand its ambulance service area, except as provided in

13 subsection 4 of this section, to be valid for a period of five years, unless suspended, revoked

14 or terminated, when the director finds that the applicant meets the requirements of ambulance

15 service licensure established pursuant to sections 190.100 to 190.245 and the rules adopted by

16 the department pursuant to sections 190.001 to 190.245. In order to be considered for a new

17 ambulance service license, an ambulance service shall submit to the department a letter of

18 endorsement from each ambulance district or fire protection district that is authorized to

19 provide ambulance service, or from each municipality not within an ambulance district or fire
SS SCS HB 225                       31

20 protection district that is authorized to provide ambulance service, in which the ambulance

21 service proposes to operate. If an ambulance service proposes to operate in unincorporated

22 portions of a county not within an ambulance district or fire protection district that is

23 authorized to provide ambulance service, in order to be considered for a new ambulance

24 service license, the ambulance service shall submit to the department a letter of endorsement

25 from the county. Any letter of endorsement required pursuant to this section shall verify that

26 the political subdivision has conducted a public hearing regarding the endorsement and that

27 the governing body of the political subdivision has adopted a resolution approving the

28 endorsement. The letter of endorsement shall affirmatively state that the proposed ambulance

29 service:

30  (1) Will provide a benefit to public health that outweighs the associated costs;

31  (2) Will maintain or enhance the public's access to ambulance services;

32  (3) Will maintain or improve the public health and promote the continued

33 development of the regional emergency medical service system;

34  (4) Has demonstrated the appropriate expertise in the operation of ambulance

35 services; and

36  (5) Has demonstrated the financial resources necessary for the operation of the

37 proposed ambulance service.

38  4. A contract between a political subdivision and a licensed ambulance service for the

39 provision of ambulance services for that political subdivision shall expand, without further

40 action by the department, the ambulance service area of the licensed ambulance service to

41 include the jurisdictional boundaries of the political subdivision. The termination of the

42 aforementioned contract shall result in a reduction of the licensed ambulance service's

43 ambulance service area by removing the geographic area of the political subdivision from its

44 ambulance service area, except that licensed ambulance service providers may provide

45 ambulance services as are needed at and around the state fair grounds for protection of

46 attendees at the state fair.

47  5. The department shall renew a ground ambulance service license if the applicant

48 meets the requirements established pursuant to sections 190.001 to 190.245, and the rules

49 adopted by the department pursuant to sections 190.001 to 190.245.

50  6. The department shall promulgate rules relating to the requirements for a ground

51 ambulance service license including, but not limited to:

52  (1) Vehicle design, specification, operation and maintenance standards;

53  (2) Equipment requirements;

54  (3) Staffing requirements;

55  (4) Five-year license renewal;

56  (5) Records and forms;
SS SCS HB 225                                 32

57      (6) Medical control plans;

58      (7) Medical director qualifications;

59      (8) Standards for medical communications;

60      (9) Memorandums of understanding with emergency medical response agencies that

61 provide advanced life support;

62      (10) Quality improvement committees; [and]

63      (11) Response time, patient care and transportation standards;

64      (12) Participation with regional emergency medical services advisory

65 committees; and

66      (13) Ambulance service administrator qualifications.

67      7. Application for a ground ambulance service license shall be made upon such forms

68 as prescribed by the department in rules adopted pursuant to sections 190.001 to 190.245.

69 The application form shall contain such information as the department deems necessary to

70 make a determination as to whether the ground ambulance service meets all the requirements

71 of sections 190.001 to 190.245 and rules promulgated pursuant to sections 190.001 to

72 190.245.

        190.112. 1. Each ambulance service licensed under this chapter shall identify to

2 the department the individual serving as the ambulance service administrator who is

3 responsible for the operations and staffing of the ambulance service. The ambulance

4 service administrator shall be required to have achieved basic training of at least forty

5 hours regarding the operations of an ambulance service and two hours of annual

6 continuing education. The training required under this section shall be offered by a

7 statewide association organized for the benefit of ambulance districts or be approved by

8 the state advisory council on emergency medical services and shall include the

9 following:

10      (1) Basic principles of accounting and economics;

11      (2) State and federal laws applicable to ambulance services;

12      (3) Regulatory requirements applicable to ambulance services;

13      (4) Human resources management and laws;

14      (5) Grant writing, contracts, and fundraising;

15      (6) State sunshine laws in chapter 610, as well as applicable ethics requirements;

16 and

17      (7) Volunteer and community involvement.

18      2. Ambulance service administrators serving in this capacity as of August 28,

19 2025, shall have until January 1, 2026, to demonstrate compliance with the provisions of

20 this section.
SS SCS HB 225                  33

        190.166. 1. In addition to the provisions of section 190.165, the department of

2 health and senior services may refuse to issue, deny renewal of, or suspend a license

3 required pursuant to section 190.109, or take other corrective actions as described in

4 this section, based on the following considerations:

5       (1) The license holder is determined to be financially insolvent;

6       (2) The ambulance service has inadequate personnel to operate the ambulance

7 service to provide basic emergency operations. The ambulance service shall not be

8 deemed to have such inadequate personnel as long as the ambulance service staffs to

9 meet the needs of its emergency call volume. Smaller ambulance services shall have the

10 ability to staff a minimum of one ambulance unit twenty-four hours each day, seven

11 days each week, with at least two licensed emergency medical technicians, and have a

12 reasonable plan and schedule for the services of a second ambulance unit;

13      (3) The ambulance service requires an inordinate amount of mutual aid from

14 neighboring services, such as more than ten percent of the total runs in the service area

15 in any given month, or than would be considered prudent and thus cannot provide an

16 appropriate level of emergency response for the service area as would be considered

17 prudent by the typical ground ambulance services operator;

18      (4) The principal manager, board members, or other executives are determined

19 to be criminally liable for actions related to the license or service provided;

20      (5) The license holder or principal manager, board members, or other executives

21 are determined by the Centers for Medicare and Medicaid Services to be ineligible for

22 participation in Medicare;

23      (6) The license holder or principal manager, board members, or other executives

24 are determined by the MO HealthNet division to be ineligible for participation in MO

25 HealthNet;

26      (7) The ambulance service administrator has failed to meet the required

27 qualifications or failed to complete the training required pursuant to section 190.112;

28 and

29      (8) Three or more board members have failed to complete required training

30 pursuant to section 190.053 if the ambulance service is an ambulance district.

31      2. If the department makes a determination of insolvency or insufficiency of

32 operations of a license holder under subsection 1 of this section, then the department

33 may require the license holder to submit a corrective plan within fifteen days and

34 require implementation of the corrective plan within thirty days.

35      3. The department shall be required to provide notice of any determination by

36 the department of insolvency or insufficiency of operations of a license holder to other

37 license holders operating in the license holder's vicinity, members of the general
SS SCS HB 225                            34

38 assembly who represent the license holder's service area, the governing officials of any

39 county or municipal entity in the license holder's service area, the appropriate regional

40 emergency medical services advisory committee, and the state advisory council on

41 emergency medical services.

42  4. The department shall immediately engage with other license holders in the

43 area to determine the extent to which ground ambulance service may be provided to the

44 affected service area during the time in which the license holder is unable to provide

45 adequate services, including any long-term service arrangements. The nature of the

46 agreement between the license holder and other license holders providing services to the

47 affected area may include an agreement to provide services, a joint powers agreement,

48 formal consideration, or some payment for services rendered.

49  5. Any license holder who provides assistance in the service area of another

50 license holder whose license has been suspended under this section shall have the right

51 to seek reasonable compensation from the license holder whose license to operate has

52 been suspended for all calls, stand-by time, and responses to medical emergencies

53 during such time as the license remains suspended. The reasonable compensation shall

54 not be limited to those expenses incurred in actual responses, but may also include

55 reasonable expenses to maintain ambulance service, including, but not limited to, the

56 daily operation costs of maintaining the service, personnel wages and benefits,

57 equipment purchases and maintenance, and other costs incurred in the operation of a

58 ground ambulance service. The license holder providing assistance shall be entitled to

59 an award of costs and reasonable attorney fees in any action to enforce the provisions of

60 this subsection.

    190.800. 1. Each ground ambulance service[, except for any ambulance service

2 owned and operated by an entity owned and operated by the state of Missouri, including but

3 not limited to any hospital owned or operated by the board of curators, as defined in chapter

4 172, or any department of the state,] shall, in addition to all other fees and taxes now required

5 or paid, pay an ambulance service reimbursement allowance tax for the privilege of engaging

6 in the business of providing ambulance services in this state.

7   2. For the purpose of this section, the following terms shall mean:

8   (1) "Ambulance", the same meaning as such term is defined in section 190.100;

9   (2) "Ambulance service", the same meaning as such term is defined in section

10 190.100;

11  (3) "Engaging in the business of providing ambulance services in this state",

12 accepting payment for such services.

    197.135. 1. Beginning January 1, 2023, or no later than six months after the

2 establishment of the statewide telehealth network under section 192.2520, whichever is later,
SS SCS HB 225                               35

3 any hospital licensed under this chapter shall perform a forensic examination using an

4 evidentiary collection kit upon the request and consent of the victim of a sexual offense, or

5 the victim's guardian, when the victim is at least fourteen years of age. In the case of minor

6 consent, the provisions of subsection 2 of section 595.220 shall apply. Victims under fourteen

7 years of age shall be referred, and victims fourteen years of age or older but less than eighteen

8 years of age may be referred, to a SAFE CARE provider, as such term is defined in section

9 334.950, for medical or forensic evaluation and case review. Nothing in this section shall be

10 interpreted to preclude a hospital from performing a forensic examination for a victim under

11 fourteen years of age upon the request and consent of the victim or victim's guardian, subject

12 to the provisions of section 595.220 and the rules promulgated by the department of public

13 safety.

14          2. (1) An appropriate medical provider, as such term is defined in section 595.220,

15 shall perform the forensic examination of a victim of a sexual offense. The hospital shall

16 ensure that any provider performing the examination has received training conducting such

17 examinations that is, at a minimum, equivalent to the training offered by the statewide

18 telehealth network under subsection 4 of section 192.2520. Nothing in this section shall

19 require providers to utilize the training offered by the statewide telehealth network, as long as

20 the training utilized is, at a minimum, equivalent to the training offered by the statewide

21 telehealth network.

22          (2) If the provider is not a sexual assault nurse examiner (SANE), or another similarly

23 trained physician or nurse, then the hospital shall utilize telehealth services during the

24 examination, such as those provided by the statewide telehealth network, to provide guidance

25 and support through a SANE, or other similarly trained physician or nurse, who may observe

26 the live forensic examination and who shall communicate with and support the onsite

27 provider with the examination, forensic evidence collection, and proper transmission and

28 storage of the examination evidence.

29          3. The department of health and senior services may issue a waiver of the telehealth

30 requirements of subsection 2 of this section if the hospital demonstrates to the department, in

31 writing, a technological hardship in accessing telehealth services or a lack of access to

32 adequate broadband services sufficient to access telehealth services. Such waivers shall be

33 granted sparingly and for no more than a year in length at a time, with the opportunity for

34 renewal at the department's discretion.

35          4. The department shall waive the requirements of this section if the statewide

36 telehealth network established under section 192.2520 ceases operation, the director of the

37 department of health and senior services has provided written notice to hospitals licensed

38 under this chapter that the network has ceased operation, and the hospital cannot, in good

39 faith, comply with the requirements of this section without assistance or resources of the
SS SCS HB 225                            36

40 statewide telehealth network. Such waiver shall remain in effect until such time as the

41 statewide telehealth network resumes operation or until the hospital is able to demonstrate

42 compliance with the provisions of this section without the assistance or resources of the

43 statewide telehealth network.

44  5. The provisions of section 595.220 shall apply to the reimbursement of the

45 reasonable costs of the examinations and the provision of the evidentiary collection kits.

46  6. No individual hospital shall be required to comply with the provisions of this

47 section and section 192.2520 unless and until the department provides such hospital with

48 access to the statewide telehealth network for the purposes of mentoring and training services

49 required under section 192.2520 without charge to the hospital.

50  7. A specialty hospital shall be considered exempt from the provisions of this

51 section and section 192.2520 if such hospital has a policy for the transfer of a victim of a

52 sexual offense to an appropriate hospital with an emergency department. As used in

53 this section, "specialty hospital" shall mean a hospital licensed under this chapter and

54 designated by the department as something other than a general acute care hospital.

    287.243. 1. This section shall be known and may be cited as the "Line of Duty

2 Compensation Act".

3   2. As used in this section, unless otherwise provided, the following words shall mean:

4   (1) "Air ambulance pilot", a person certified as an air ambulance pilot in accordance

5 with sections 190.001 to 190.245 and corresponding regulations applicable to air ambulances

6 adopted by the department of health and senior services;

7   (2) "Air ambulance registered professional nurse", a person licensed as a registered

8 professional nurse in accordance with sections 335.011 to 335.096 and corresponding

9 regulations adopted by the state board of nursing, 20 CSR 2200-4, et seq., who provides

10 registered professional nursing services as a flight nurse in conjunction with an air ambulance

11 program that is certified in accordance with sections 190.001 to 190.245 and the

12 corresponding regulations applicable to such programs;

13  (3) "Air ambulance registered respiratory therapist", a person licensed as a registered

14 respiratory therapist in accordance with sections 334.800 to 334.930 and corresponding

15 regulations adopted by the state board for respiratory care, who provides respiratory therapy

16 services in conjunction with an air ambulance program that is certified in accordance with

17 sections 190.001 to 190.245 and corresponding regulations applicable to such programs;

18  (4) "Child", any natural, illegitimate, adopted, or posthumous child or stepchild of a

19 deceased public safety officer who, at the time of the public safety officer's fatality is:

20  (a) Eighteen years of age or under;

21  (b) Over eighteen years of age and a student, as defined in 5 U.S.C. Section 8101; or
SS SCS HB 225                                37

22        (c) Over eighteen years of age and incapable of self-support because of physical or

23 mental disability;

24        (5) "Emergency medical technician", a person licensed in emergency medical care in

25 accordance with standards prescribed by sections 190.001 to 190.245 and by rules adopted by

26 the department of health and senior services under sections 190.001 to 190.245;

27        (6) "Firefighter", any person, including a volunteer firefighter, employed by the state

28 or a local governmental entity as an employer defined under subsection 1 of section 287.030,

29 or otherwise serving as a member or officer of a fire department either for the purpose of the

30 prevention or control of fire or the underwater recovery of drowning victims;

31        (7) "Flight crew member", an individual engaged in flight responsibilities with an air

32 ambulance licensed in accordance with sections 190.001 to 190.245 and corresponding

33 regulations applicable to such programs;

34        (8) "Killed in the line of duty", when any person defined in this section loses his or

35 her life when:

36        (a) Death is caused by an accident, illness, or the willful act of violence of another;

37        (b) The public safety officer is in the active performance of his or her duties in his or

38 her respective profession and there is a relationship between the accident, illness, or

39 commission of the act of violence and the performance of the duty, even if the individual is

40 off duty; the public safety officer is traveling to or from employment; or the public safety

41 officer is taking any meal break or other break which takes place while that individual is on

42 duty;

43        (c) Death is the natural and probable consequence of the injury or illness; and

44        (d) Death occurs within three hundred weeks from the date the injury was received or

45 illness was contracted.

46

47 The term excludes death resulting from the willful misconduct or intoxication of the public

48 safety officer. The division of workers' compensation shall have the burden of proving such

49 willful misconduct or intoxication;

50        (9) "Law enforcement officer", any person employed by the state or a local

51 governmental entity as a police officer, peace officer certified under chapter 590, or serving as

52 an auxiliary police officer or in some like position involving the enforcement of the law and

53 protection of the public interest at the risk of that person's life;

54        (10) "Local governmental entity", includes counties, municipalities, townships, board

55 or other political subdivision, cities under special charter, or under the commission form of

56 government, fire protection districts, ambulance districts, and municipal corporations;

57        (11) "Public safety officer", any law enforcement officer, firefighter, uniformed

58 employee of the office of the state fire marshal, emergency medical technician, police officer,
SS SCS HB 225                           38

59 capitol police officer, parole officer, probation officer, state correctional employee, water

60 safety officer, park ranger, conservation officer, or highway patrolman employed by the state

61 of Missouri or a political subdivision thereof who is killed in the line of duty or any

62 emergency medical technician, air ambulance pilot, air ambulance registered professional

63 nurse, air ambulance registered respiratory therapist, or flight crew member who is killed in

64 the line of duty;

65        (12) "State", the state of Missouri and its departments, divisions, boards, bureaus,

66 commissions, authorities, and colleges and universities;

67        (13) "Volunteer firefighter", a person having principal employment other than as a

68 firefighter, but who is carried on the rolls of a regularly constituted fire department either for

69 the purpose of the prevention or control of fire or the underwater recovery of drowning

70 victims, the members of which are under the jurisdiction of the corporate authorities of a city,

71 village, incorporated town, or fire protection district. Volunteer firefighter shall not mean an

72 individual who volunteers assistance without being regularly enrolled as a firefighter.

73        3. (1) A claim for compensation under this section shall be filed by survivors of the

74 deceased with the division of workers' compensation not later than [one year] two years from

75 the date of death of a public safety officer. If a claim is made within [one year] two years of

76 the date of death of a public safety officer killed in the line of duty, compensation shall be

77 paid, if the division finds that the claimant is entitled to compensation under this section.

78        (2) The amount of compensation paid to the claimant shall be [twenty-five] one

79 hundred thousand dollars, subject to appropriation, for death occurring on or after June 19,

80 2009.

81        4. Any compensation awarded under the provisions of this section shall be distributed

82 as follows:

83        (1) To the surviving spouse of the public safety officer if there is no child who

84 survived the public safety officer;

85        (2) Fifty percent to the surviving child, or children, in equal shares, and fifty percent

86 to the surviving spouse if there is at least one child who survived the public safety officer, and

87 a surviving spouse of the public safety officer;

88        (3) To the surviving child, or children, in equal shares, if there is no surviving spouse

89 of the public safety officer;

90        (4) If there is no surviving spouse of the public safety officer and no surviving child:

91        (a) To the surviving individual, or individuals, in shares per the designation or,

92 otherwise, in equal shares, designated by the public safety officer to receive benefits under

93 this subsection in the most recently executed designation of beneficiary of the public safety

94 officer on file at the time of death with the public safety agency, organization, or unit; or
SS SCS HB 225                         39

95   (b) To the surviving individual, or individuals, in equal shares, designated by the

96 public safety officer to receive benefits under the most recently executed life insurance policy

97 of the public safety officer on file at the time of death with the public safety agency,

98 organization, or unit if there is no individual qualifying under paragraph (a) of this

99 subdivision;

100  (5) To the surviving parent, or parents, in equal shares, of the public safety officer if

101 there is no individual qualifying under subdivision (1), (2), (3), or (4) of this subsection; or

102  (6) To the surviving individual, or individuals, in equal shares, who would qualify

103 under the definition of the term "child" but for age if there is no individual qualifying under

104 subdivision (1), (2), (3), (4), or (5) of this subsection.

105  5. Notwithstanding subsection 3 of this section, no compensation is payable under

106 this section unless a claim is filed within the time specified under this section setting forth:

107  (1) The name, address, and title or designation of the position in which the public

108 safety officer was serving at the time of his or her death;

109  (2) The name and address of the claimant;

110  (3) A full, factual account of the circumstances resulting in or the course of events

111 causing the death at issue; and

112  (4) Such other information that is reasonably required by the division.

113

114 When a claim is filed, the division of workers' compensation shall make an investigation for

115 substantiation of matters set forth in the application.

116  6. The compensation provided for under this section is in addition to, and not

117 exclusive of, any pension rights, death benefits, or other compensation the claimant may

118 otherwise be entitled to by law.

119  7. Neither employers nor workers' compensation insurers shall have subrogation

120 rights against any compensation awarded for claims under this section. Such compensation

121 shall not be assignable, shall be exempt from attachment, garnishment, and execution, and

122 shall not be subject to setoff or counterclaim, or be in any way liable for any debt, except that

123 the division or commission may allow as lien on the compensation, reasonable attorney's fees

124 for services in connection with the proceedings for compensation if the services are found to

125 be necessary. Such fees are subject to regulation as set forth in section 287.260.

126  8. Any person seeking compensation under this section who is aggrieved by the

127 decision of the division of workers' compensation regarding his or her compensation claim,

128 may make application for a hearing as provided in section 287.450. The procedures

129 applicable to the processing of such hearings and determinations shall be those established by

130 this chapter. Decisions of the administrative law judge under this section shall be binding,

131 subject to review by either party under the provisions of section 287.480.
SS SCS HB 225                    40

132      9. [Pursuant to section 23.253 of the Missouri sunset act:

133      (1) The provisions of the new program authorized under this section shall

134 automatically sunset six years after June 19, 2019, unless reauthorized by an act of the general

135 assembly; and

136      (2) If such program is reauthorized, the program authorized under this section shall

137 automatically sunset twelve years after the effective date of the reauthorization of this section;

138 and

139      (3) This section shall terminate on September first of the calendar year immediately

140 following the calendar year in which the program authorized under this section is sunset.

141      10.] The provisions of this section, unless specified, shall not be subject to other

142 provisions of this chapter.

143      [11.] 10. There is hereby created in the state treasury the "Line of Duty Compensation

144 Fund", which shall consist of moneys appropriated to the fund and any voluntary

145 contributions, gifts, or bequests to the fund. The state treasurer shall be custodian of the

146 fund and shall approve disbursements from the fund in accordance with sections 30.170 and

147 30.180. Upon appropriation, money in the fund shall be used solely for paying claims under

148 this section. Notwithstanding the provisions of section 33.080 to the contrary, any moneys

149 remaining in the fund at the end of the biennium shall not revert to the credit of the general

150 revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other

151 funds are invested. Any interest and moneys earned on such investments shall be credited to

152 the fund.

153      [12.] 11. The division shall promulgate rules to administer this section, including but

154 not limited to the appointment of claims to multiple claimants, record retention, and

155 procedures for information requests. Any rule or portion of a rule, as that term is defined in

156 section 536.010, that is created under the authority delegated in this section shall become

157 effective only if it complies with and is subject to all of the provisions of chapter 536 and, if

158 applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the

159 powers vested with the general assembly under chapter 536 to review, to delay the effective

160 date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant

161 of rulemaking authority and any rule proposed or adopted after June 19, 2009, shall be invalid

162 and void.

         300.100. 1. The driver of an authorized emergency vehicle, when responding to an

2 emergency call or when in the pursuit of an actual or suspected violator of the law or when

3 responding to but not upon returning from a fire alarm, may exercise the privileges set forth in

4 this section, but subject to the conditions herein stated.

5        2. The driver of an authorized emergency vehicle may:

6        (1) Park or stand, irrespective of the provisions of this ordinance;
SS SCS HB 225                            41

7           (2) Proceed past a red or stop signal or stop sign, but only after slowing down as may

8 be necessary for safe operation;

9           (3) Exceed the maximum speed limits so long as he does not endanger life or

10 property;

11          (4) Disregard regulations governing direction of movement or turning in specified

12 directions.

13          3. The exemptions herein granted to an authorized emergency vehicle shall apply

14 only when the driver of any said vehicle while in motion sounds audible signal by siren or

15 while having at least one lighted lamp exhibiting a red light visible under normal atmospheric

16 conditions from a distance of five hundred feet to the front of such vehicle or a flashing blue

17 light authorized by section 307.175, except that an authorized emergency vehicle operated

18 as a police vehicle is not required to use an audible signal or display a visual signal when

19 the vehicle is being used to:

20          (1) Obtain evidence of a speeding violation on a maintained federal or state

21 highway and where the speed limit is set by state statute;

22          (2) Respond to a suspected crime in progress when use of an audible or visual

23 signal, or both, could reasonably result in the destruction of evidence or escape of a

24 suspect; or

25          (3) Conduct surveillance of a vehicle or the passengers of a vehicle who are

26 suspected of involvement in a crime.

27          4. The foregoing provisions shall not relieve the driver of an authorized emergency

28 vehicle from the duty to drive with due regard for the safety of all persons, nor shall such

29 provisions protect the driver from the consequences of his reckless disregard for the safety of

30 others.

                [304.022. 1. Upon the immediate approach of an emergency vehicle

2           giving audible signal by siren or while having at least one lighted lamp

3           exhibiting red light visible under normal atmospheric conditions from a

4           distance of five hundred feet to the front of such vehicle or a flashing blue light

5           authorized by section 307.175, the driver of every other vehicle shall yield the

6           right-of-way and shall immediately drive to a position parallel to, and as far as

7           possible to the right of, the traveled portion of the highway and thereupon stop

8           and remain in such position until such emergency vehicle has passed, except

9           when otherwise directed by a police or traffic officer.

10              2. Upon approaching a stationary vehicle displaying lighted red or red

11          and blue lights, or a stationary vehicle displaying lighted amber or amber and

12          white lights, the driver of every motor vehicle shall:

13              (1) Proceed with caution and yield the right-of-way, if possible with

14          due regard to safety and traffic conditions, by making a lane change into a lane

15          not adjacent to that of the stationary vehicle, if on a roadway having at least
SS SCS HB 225                  42

16  four lanes with not less than two lanes proceeding in the same direction as the

17  approaching vehicle; or

18             (2) Proceed with due caution and reduce the speed of the vehicle,

19  maintaining a safe speed for road conditions, if changing lanes would be

20  unsafe or impossible.

21             3. The motorman of every streetcar shall immediately stop such car

22  clear of any intersection and keep it in such position until the emergency

23  vehicle has passed, except as otherwise directed by a police or traffic officer.

24             4. An "emergency vehicle" is a vehicle of any of the following types:

25             (1) A vehicle operated by the state highway patrol, the state water

26  patrol, the Missouri capitol police, a conservation agent, or a state or a county

27  or municipal park ranger, those vehicles operated by enforcement personnel of

28  the state highways and transportation commission, police or fire department,

29  sheriff, constable or deputy sheriff, federal law enforcement officer authorized

30  to carry firearms and to make arrests for violations of the laws of the United

31  States, traffic officer, coroner, medical examiner, or forensic investigator of the

32  county medical examiner's office, or by a privately owned emergency vehicle

33  company;

34             (2) A vehicle operated as an ambulance or operated commercially for

35  the purpose of transporting emergency medical supplies or organs;

36             (3) Any vehicle qualifying as an emergency vehicle pursuant to

37  section 307.175;

38             (4) Any wrecker, or tow truck or a vehicle owned and operated by a

39  public utility or public service corporation while performing emergency

40  service;

41             (5) Any vehicle transporting equipment designed to extricate human

42  beings from the wreckage of a motor vehicle;

43             (6) Any vehicle designated to perform emergency functions for a civil

44  defense or emergency management agency established pursuant to the

45  provisions of chapter 44;

46             (7) Any vehicle operated by an authorized employee of the department

47  of corrections who, as part of the employee's official duties, is responding to a

48  riot, disturbance, hostage incident, escape or other critical situation where

49  there is the threat of serious physical injury or death, responding to mutual aid

50  call from another criminal justice agency, or in accompanying an ambulance

51  which is transporting an offender to a medical facility;

52             (8) Any vehicle designated to perform hazardous substance emergency

53  functions established pursuant to the provisions of sections 260.500 to

54  260.550;

55             (9) Any vehicle owned by the state highways and transportation

56  commission and operated by an authorized employee of the department of

57  transportation that is marked as a department of transportation emergency

58  response or motorist assistance vehicle; or

59             (10) Any vehicle owned and operated by the civil support team of the

60  Missouri National Guard while in response to or during operations involving

61  chemical, biological, or radioactive materials or in support of official requests

62  from the state of Missouri involving unknown substances, hazardous
SS SCS HB 225                               43

63  materials, or as may be requested by the appropriate state agency acting on

64  behalf of the governor.

65             5. (1) The driver of any vehicle referred to in subsection 4 of this

66  section shall not sound the siren thereon or have the front red lights or blue

67  lights on except when such vehicle is responding to an emergency call or when

68  in pursuit of an actual or suspected law violator, or when responding to, but

69  not upon returning from, a fire.

70             (2) The driver of an emergency vehicle may:

71             (a) Park or stand irrespective of the provisions of sections 304.014 to

72  304.025;

73             (b) Proceed past a red or stop signal or stop sign, but only after

74  slowing down as may be necessary for safe operation;

75             (c) Exceed the prima facie speed limit so long as the driver does not

76  endanger life or property;

77             (d) Disregard regulations governing direction of movement or turning

78  in specified directions.

79             (3) The exemptions granted to an emergency vehicle pursuant to

80  subdivision (2) of this subsection shall apply only when the driver of any such

81  vehicle while in motion sounds audible signal by bell, siren, or exhaust whistle

82  as may be reasonably necessary, and when the vehicle is equipped with at least

83  one lighted lamp displaying a red light or blue light visible under normal

84  atmospheric conditions from a distance of five hundred feet to the front of

85  such vehicle.

86             6. No person shall purchase an emergency light as described in this

87  section without furnishing the seller of such light an affidavit stating that the

88  light will be used exclusively for emergency vehicle purposes.

89             7. Violation of this section shall be deemed a class A misdemeanor.]

    304.022. 1. Upon the immediate approach of an emergency vehicle giving audible

2 signal by siren or while having at least one lighted lamp exhibiting red light visible under

3 normal atmospheric conditions from a distance of five hundred feet to the front of such

4 vehicle or a flashing blue light authorized by section 307.175, the driver of every other

5 vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and

6 as far as possible to the right of, the traveled portion of the highway and thereupon stop and

7 remain in such position until such emergency vehicle has passed, except when otherwise

8 directed by a police or traffic officer.

9   2. Upon approaching a stationary vehicle displaying lighted red or red and blue lights,

10 or a stationary vehicle displaying lighted amber or amber and white lights, the driver of every

11 motor vehicle shall:

12  (1) Proceed with caution and yield the right-of-way, if possible with due regard to

13 safety and traffic conditions, by making a lane change into a lane not adjacent to that of the

14 stationary vehicle, if on a roadway having at least four lanes with not less than two lanes

15 proceeding in the same direction as the approaching vehicle; or
SS SCS HB 225                                44

16  (2) Proceed with due caution and reduce the speed of the vehicle, maintaining a safe

17 speed for road conditions, if changing lanes would be unsafe or impossible.

18  3. The motorman of every streetcar shall immediately stop such car clear of any

19 intersection and keep it in such position until the emergency vehicle has passed, except as

20 otherwise directed by a police or traffic officer.

21  4. An "emergency vehicle" is a vehicle of any of the following types:

22  (1) A vehicle operated by the state highway patrol, the state water patrol, the Missouri

23 capitol police, a conservation agent, or a state or a county or municipal park ranger, those

24 vehicles operated by enforcement personnel of the state highways and transportation

25 commission, police or fire department, sheriff, constable or deputy sheriff, federal law

26 enforcement officer authorized to carry firearms and to make arrests for violations of the laws

27 of the United States, traffic officer, coroner, medical examiner, or forensic investigator of the

28 county medical examiner's office, or by a privately owned emergency vehicle company;

29  (2) A vehicle operated as an ambulance or operated commercially for the purpose of

30 transporting emergency medical supplies or organs;

31  (3) Any vehicle qualifying as an emergency vehicle pursuant to section 307.175;

32  (4) Any wrecker, or tow truck or a vehicle owned and operated by a public utility or

33 public service corporation while performing emergency service;

34  (5) Any vehicle transporting equipment designed to extricate human beings from the

35 wreckage of a motor vehicle;

36  (6) Any vehicle designated to perform emergency functions for a civil defense or

37 emergency management agency established pursuant to the provisions of chapter 44;

38  (7) Any vehicle operated by an authorized employee of the department of corrections

39 who, as part of the employee's official duties, is responding to a riot, disturbance, hostage

40 incident, escape or other critical situation where there is the threat of serious physical injury

41 or death, responding to mutual aid call from another criminal justice agency, or in

42 accompanying an ambulance which is transporting an offender to a medical facility;

43  (8) Any vehicle designated to perform hazardous substance emergency functions

44 established pursuant to the provisions of sections 260.500 to 260.550;

45  (9) Any vehicle owned by the state highways and transportation commission and

46 operated by an authorized employee of the department of transportation that is marked as a

47 department of transportation emergency response or motorist assistance vehicle; or

48  (10) Any vehicle owned and operated by the civil support team of the Missouri

49 National Guard while in response to or during operations involving chemical, biological, or

50 radioactive materials or in support of official requests from the state of Missouri involving

51 unknown substances, hazardous materials, or as may be requested by the appropriate state

52 agency acting on behalf of the governor.
SS SCS HB 225                            45

53      5. (1) The driver of any vehicle referred to in subsection 4 of this section shall not

54 sound the siren thereon or have the front red lights or blue lights on except when such vehicle

55 is responding to an emergency call or when in pursuit of an actual or suspected law violator,

56 or when responding to, but not upon returning from, a fire.

57      (2) The driver of an emergency vehicle may:

58      (a) Park or stand irrespective of the provisions of sections 304.014 to 304.025;

59      (b) Proceed past a red or stop signal or stop sign, but only after slowing down as may

60 be necessary for safe operation;

61      (c) Exceed the prima facie speed limit so long as the driver does not endanger life or

62 property;

63      (d) Disregard regulations governing direction of movement or turning in specified

64 directions.

65      (3) The exemptions granted to an emergency vehicle pursuant to subdivision (2) of

66 this subsection shall apply only when the driver of any such vehicle while in motion sounds

67 audible signal by bell, siren, or exhaust whistle as may be reasonably necessary, and when the

68 vehicle is equipped with at least one lighted lamp displaying a red light or blue light visible

69 under normal atmospheric conditions from a distance of five hundred feet to the front of such

70 vehicle, except that an authorized emergency vehicle operated as a police vehicle is not

71 required to use an audible signal or display a visual signal when the vehicle is being used

72 to:

73      (a) Obtain evidence of a speeding violation on a maintained federal or state

74 highway and where the speed limit is set by state statute;

75      (b) Respond to a suspected crime in progress when use of an audible or visual

76 signal, or both, could reasonably result in the destruction of evidence or escape of a

77 suspect; or

78      (c) Conduct surveillance of a vehicle or the passengers of a vehicle who are

79 suspected of involvement in a crime.

80      6. No person shall purchase an emergency light as described in this section without

81 furnishing the seller of such light an affidavit stating that the light will be used exclusively for

82 emergency vehicle purposes.

83      7. Violation of this section shall be deemed a class A misdemeanor.

        304.153. 1. As used in this section, the following terms shall mean:

2       (1) "Firefighter", any person, including a volunteer firefighter, employed by the

3 state or a political subdivision or otherwise serving as a member or officer of a fire

4 department;

5       (2) "Law enforcement officer", any public servant, other than a patrol officer, who is

6 defined as a law enforcement officer under section 556.061;
SS SCS HB 225                                    46

7   [(2)] (3) "Motor club", a legal entity that, in consideration of dues, assessments, or

8 periodic payments of moneys, promises to provide motor club services to its members or

9 subscribers in accordance with section 385.450;

10  [(3)] (4) "Patrol officer", a Missouri state highway patrol officer;

11  [(4)] (5) "Tow list", a list of approved towing companies compiled, maintained, and

12 utilized by the Missouri state highway patrol or its designee;

13  [(5)] (6) "Tow management company", any sole proprietorship, partnership,

14 corporation, fiduciary, association, or other business entity that manages towing logistics

15 for government agencies or motor clubs;

16  [(6)] (7) "Tow truck", a rollback or car carrier, wrecker, or tow truck as defined under

17 section 301.010;

18  [(7)] (8) "Towing", moving or removing, or the preparation therefor, of a vehicle by

19 another vehicle for which a service charge is made, either directly or indirectly, including any

20 dues or other charges of clubs or associations which provide towing services;

21  [(8)] (9) "Towing company", any person, partnership, corporation, fiduciary,

22 association, or other entity that operates a wrecker or towing service as defined under section

23 301.010.

24  2. In authorizing a towing company to perform services, any patrol officer or law

25 enforcement officer within the officer's jurisdiction, firefighter in a city not within a county,

26 or Missouri department of transportation employee[,] may utilize the services of a tow

27 management company or tow list, provided:

28  (1) The Missouri state highway patrol is under no obligation to include or retain the

29 services of any towing company in any contract or agreement with a tow management

30 company or any tow list established pursuant to this section. A towing company is subject to

31 removal from a tow list at any time;

32  (2) Notwithstanding any other provision of law or any regulation established pursuant

33 to this section, an owner or operator's request for a specific towing company shall be honored

34 by the Missouri state highway patrol unless:

35  (a) The requested towing company cannot or does not respond in a reasonable time,

36 as determined by a law enforcement officer; or

37  (b) The vehicle to be towed poses an immediate traffic hazard, as determined by a law

38 enforcement officer or by a firefighter in a city not within a county.

39  3. A patrol officer, or firefighter in a city not within a county, shall not use a

40 towing company located outside of Missouri under this section except under the following

41 circumstances:

42  (1) A state or federal emergency has been declared; or
SS SCS HB 225                   47

43          (2) The driver or owner of the vehicle, or a motor club of which the driver or owner is

44 a member, requests a specific out-of-state towing company.

45          4. A towing company shall not tow a vehicle to a location outside of Missouri without

46 the consent of the driver or owner of the motor vehicle, or without the consent of a motor club

47 of which the driver or owner of the motor vehicle is a member.

48          5. Any towing company or tow truck arriving at the scene of an accident that has not

49 been called by a patrol officer, a law enforcement officer, a firefighter in a city not within a

50 county, a Missouri department of transportation employee, or the driver or owner of the

51 motor vehicle or his or her authorized agent, including a motor club of which the driver or

52 owner is a member, shall be prohibited from towing the vehicle from the scene of the

53 accident, unless the towing company or tow truck operator is rendering emergency aid in the

54 interest of public safety, or is operating during a declared state of emergency under section

55 44.100.

56  6. A tow truck operator that stops and tows a vehicle from the scene of an accident in

57 violation of subsection 5 of this section shall be guilty of a class D misdemeanor upon

58 conviction or pleading guilty for the first violation, and such tow truck shall be subject to

59 impounding. The penalty for a second violation shall be a class A misdemeanor, and the

60 penalty for any third or subsequent violation shall be a class D felony. A violation of this

61 section shall not preclude the tow truck operator from being charged with tampering under

62 chapter 569.

63  7. The provisions of this section shall also apply to motor vehicles towed under

64 section 304.155 or 304.157.

65  8. The provisions of this section shall not apply to counties of the third or fourth

66 classification.

    321.552. 1. [Except in any county of the first classification with over two hundred

2 thousand inhabitants, or any county of the first classification without a charter form of

3 government and with more than seventy-three thousand seven hundred but less than seventy-

4 three thousand eight hundred inhabitants; or any county of the first classification without a

5 charter form of government and with more than one hundred eighty-four thousand but less

6 than one hundred eighty-eight thousand inhabitants; or any county with a charter form of

7 government with over one million inhabitants; or any county with a charter form of

8 government with over two hundred eighty thousand inhabitants but less than three hundred

9 thousand inhabitants,] The governing body of any ambulance or fire protection district may

10 impose a sales tax in an amount up to [one-half of] one percent on all retail sales made in such

11 ambulance or fire protection district which are subject to taxation pursuant to the provisions

12 of sections 144.010 to 144.525 provided that such sales tax shall be accompanied by a

13 reduction in the district's tax rate as defined in section 137.073. The tax authorized by this
SS SCS HB 225                       48

14 section shall be in addition to any and all other sales taxes allowed by law, except that no sales

15 tax imposed pursuant to the provisions of this section shall be effective unless the governing

16 body of the ambulance or fire protection district submits to the voters of such ambulance or

17 fire protection district, at a municipal or state general, primary or special election, a proposal

18 to authorize the governing body of the ambulance or fire protection district to impose a tax

19 pursuant to this section.

20  2. The ballot of submission shall contain, but need not be limited to, the following

21 language:

22  Shall ______ (insert name of ambulance or fire

23  protection district) impose a sales tax of ______ (insert

24  amount up to [one-half) of] one percent) for the purpose

25  of providing revenues for the operation of the ______

26  (insert name of ambulance or fire protection district) and

27  the total property tax levy on properties in the ______

28  (insert name of the ambulance or fire protection district)

29  shall be reduced annually by an amount which reduces

30  property tax revenues by an amount equal to fifty

31  percent of the previous year's revenue collected from this

32  sales tax?

33  ☐ YES                     ☐ NO

34  If you are in favor of the question, place an "X" in the

35  box opposite "YES". If you are opposed to the question,

36  place an "X" in the box opposite "NO".

37  3. If a majority of the votes cast on the proposal by the qualified voters voting thereon

38 are in favor of the proposal, then the sales tax authorized in this section shall be in effect and

39 the governing body of the ambulance or fire protection district shall lower the level of its tax

40 rate by an amount which reduces property tax revenues by an amount equal to fifty percent of

41 the amount of sales tax collected in the preceding year. If a majority of the votes cast by the

42 qualified voters voting are opposed to the proposal, then the governing body of the ambulance

43 or fire protection district shall not impose the sales tax authorized in this section unless and

44 until the governing body of such ambulance or fire protection district resubmits a proposal to

45 authorize the governing body of the ambulance or fire protection district to impose the sales

46 tax authorized by this section and such proposal is approved by a majority of the qualified

47 voters voting thereon.

48  4. All revenue received by a district from the tax authorized pursuant to this section

49 shall be deposited in a special trust fund, and be used solely for the purposes specified in the

50 proposal submitted pursuant to this section for so long as the tax shall remain in effect.
SS SCS HB 225                                49

51  5. All sales taxes collected by the director of revenue pursuant to this section, less one

52 percent for cost of collection which shall be deposited in the state's general revenue fund after

53 payment of premiums for surety bonds as provided in section 32.087, shall be deposited in a

54 special trust fund, which is hereby created, to be known as the "Ambulance or Fire Protection

55 District Sales Tax Trust Fund". The moneys in the ambulance or fire protection district sales

56 tax trust fund shall not be deemed to be state funds and shall not be commingled with any

57 funds of the state. The director of revenue shall keep accurate records of the amount of

58 money in the trust and the amount collected in each district imposing a sales tax pursuant to

59 this section, and the records shall be open to inspection by officers of the county and to the

60 public. Not later than the tenth day of each month the director of revenue shall distribute all

61 moneys deposited in the trust fund during the preceding month to the governing body of the

62 district which levied the tax; such funds shall be deposited with the board treasurer of each

63 such district.

64  6. The director of revenue may make refunds from the amounts in the trust fund and

65 credit any district for erroneous payments and overpayments made, and may redeem

66 dishonored checks and drafts deposited to the credit of such district. If any district abolishes

67 the tax, the district shall notify the director of revenue of the action at least ninety days prior

68 to the effective date of the repeal and the director of revenue may order retention in the trust

69 fund, for a period of one year, of two percent of the amount collected after receipt of such

70 notice to cover possible refunds or overpayment of the tax and to redeem dishonored checks

71 and drafts deposited to the credit of such accounts. After one year has elapsed after the

72 effective date of abolition of the tax in such district, the director of revenue shall remit the

73 balance in the account to the district and close the account of that district. The director of

74 revenue shall notify each district of each instance of any amount refunded or any check

75 redeemed from receipts due the district.

76  7. Except as modified in this section, all provisions of sections 32.085 and 32.087

77 shall apply to the tax imposed pursuant to this section.

    321.554. 1. [Except in any county of the first classification with more than two

2 hundred forty thousand three hundred but less than two hundred forty thousand four hundred

3 inhabitants, or any county of the first classification with more than seventy-three thousand

4 seven hundred but less than seventy-three thousand eight hundred inhabitants, or any county

5 of the first classification with more than one hundred eighty-four thousand but less than one

6 hundred eighty-eight thousand inhabitants, or any county with a charter form of government

7 and with more than one million inhabitants, or any county with a charter form of government

8 and with more than two hundred fifty thousand but less than three hundred fifty thousand

9 inhabitants,] When the revenue from the ambulance or fire protection district sales tax is

10 collected for distribution pursuant to section 321.552, the board of the ambulance or fire
SS SCS HB 225                                   50

11 protection district, after determining its budget for the year pursuant to section 67.010 and the

12 rate of levy needed to produce the required revenue and after making any other adjustments to

13 the levy that may be required by any other law, shall reduce the total operating levy of the

14 district in an amount sufficient to decrease the revenue it would have received therefrom by

15 an amount equal to fifty percent of the previous fiscal year's sales tax receipts. Loss of

16 revenue due to a decrease in the assessed valuation of real property located within the

17 ambulance or fire protection district as a result of general reassessment and from state-

18 assessed railroad and utility distributable property based upon the previous fiscal year's

19 receipts shall be considered in lowering the rate of levy to comply with this section in the year

20 of general reassessment and in each subsequent year. In the event that in the immediately

21 preceding year the ambulance or fire protection district actually received more or less sales

22 tax revenue than estimated, the ambulance or fire protection district board may adjust its

23 operating levy for the current year to reflect such increase or decrease. The director of

24 revenue shall certify the amount payable from the ambulance or fire protection district sales

25 tax trust fund to the general revenue fund to the state treasurer.

26  2. Except that, in the first year in which any sales tax is collected pursuant to section

27 321.552, any taxing authority subject to this section shall not reduce the tax rate as defined in

28 section 137.073.

29  3. In a year of general reassessment, as defined by section 137.073, or assessment

30 maintenance as defined by section 137.115 in which an ambulance or fire protection district

31 in reliance upon the information then available to it relating to the total assessed valuation of

32 such ambulance or fire protection district revises its property tax levy pursuant to section

33 137.073 or 137.115, and it is subsequently determined by decisions of the state tax

34 commission or a court pursuant to sections 138.430 to 138.433 or due to clerical errors or

35 corrections in the calculation or recordation of assessed valuations that the assessed valuation

36 of such ambulance or fire protection district has been changed, and but for such change the

37 ambulance or fire protection district would have adopted a different levy on the date of its

38 original action, then the ambulance or fire protection district may adjust its levy to an amount

39 to reflect such change in assessed valuation, including, if necessary, a change in the levy

40 reduction required by this section to the amount it would have levied had the correct assessed

41 valuation been known to it on the date of its original action, provided:

42  (1) The ambulance or fire protection district first levies the maximum levy allowed

43 without a vote of the people by Article X, Section 11(b) of the Constitution; and

44  (2) The ambulance or fire protection district first adopts the tax rate ceiling otherwise

45 authorized by other laws of this state; and

46  (3) The levy adjustment or reduction may include a one-time correction to recoup lost

47 revenues the ambulance or fire protection district was entitled to receive during the prior year.
SS SCS HB 225                               51

    321.556. 1. [Except in any county of the first classification with more than two

2 hundred forty thousand three hundred but less than two hundred forty thousand four hundred

3 inhabitants, or any county of the first classification with more than seventy-three thousand

4 seven hundred but less than seventy-three thousand eight hundred inhabitants, or any county

5 of the first classification with more than one hundred eighty-four thousand but less than one

6 hundred eighty-eight thousand inhabitants, or any county with a charter form of government

7 and with more than one million inhabitants, or any county with a charter form of government

8 and with more than two hundred fifty thousand but less than three hundred fifty thousand

9 inhabitants,] The governing body of any ambulance or fire protection district, when presented

10 with a petition signed by at least twenty percent of the registered voters in the ambulance or

11 fire protection district that voted in the last gubernatorial election, calling for an election to

12 repeal the tax pursuant to section 321.552, shall submit the question to the voters using the

13 same procedure by which the imposition of the tax was voted. The ballot of submission shall

14 be in substantially the following form:

15  Shall ______ (insert name of ambulance or fire

16  protection district) repeal the ______ (insert amount up

17  to one-half) of one percent sales tax now in effect in the

18  ______ (insert name of ambulance or fire protection

19  district) and reestablish the property tax levy in the

20  district to the rate in existence prior to the enactment of

21  the sales tax?

22  ☐ YES                     ☐ NO

23  If you are in favor of the question, place an "X" in the

24  box opposite "Yes". If you are opposed to the question,

25  place an "X" in the box opposite "No".

26  2. If a majority of the votes cast on the proposal by the qualified voters of the district

27 voting thereon are in favor of repeal, that repeal shall become effective December thirty-first

28 of the calendar year in which such repeal was approved.

    324.009. 1. For purposes of this section, the following terms mean:

2   (1) "License", a license, certificate, registration, permit, accreditation, or military

3 occupational speciality that enables a person to legally practice an occupation or profession in

4 a particular jurisdiction;

5   (2) "Military", the Armed Forces of the United States including the Air Force, Army,

6 Coast Guard, Marine Corps, Navy, Space Force, National Guard and any other military

7 branch that is designated by Congress as part of the Armed Forces of the United States, and

8 all reserve components and auxiliaries. Such term also includes the military reserves and

9 militia of any United States territory or state;
SS SCS HB 225                             52

10         (3) "Missouri law enforcement officer", any person employed by or otherwise

11 serving in a position for the state or a local governmental entity in the state of Missouri

12 as a police officer, peace officer certified under chapter 590, auxiliary police officer,

13 sheriff, sheriff's deputy, member of the patrol as that term is defined in section 43.010,

14 or in some like position involving the enforcement of the law and protection of the public

15 interest at the risk of that person's life and who is a permanent resident of the state of

16 Missouri or who is domiciled in the state of Missouri;

17         (4) "Nonresident military or law enforcement spouse"[,]:

18         (a) A nonresident spouse of an active duty member of the Armed Forces of the

19 United States who has been transferred or is scheduled to be transferred to the state of

20 Missouri, or who has been transferred or is scheduled to be transferred to an adjacent state

21 and is or will be domiciled in the state of Missouri, or has moved to the state of Missouri on a

22 permanent change-of-station basis; or

23         (b) A nonresident spouse of a person residing outside the state of Missouri who

24 has accepted an offer of employment with the state or a local governmental entity in the

25 state of Missouri and who will become a Missouri law enforcement officer upon the

26 commencement of such employment;

27         [(4)] (5) "Oversight body", any board, department, agency, or office of a jurisdiction

28 that issues licenses;

29         [(5)] (6) "Resident military or law enforcement spouse", a spouse of an active duty

30 member of the Armed Forces of the United States who has been transferred or is scheduled to

31 be transferred to the state of Missouri or an adjacent state and who is a permanent resident of

32 the state of Missouri, who is domiciled in the state of Missouri, or who has Missouri as his or

33 her home of record, or a spouse of a Missouri law enforcement officer.

34         2. Any person who holds a valid current license issued by another state, a branch or

35 unit of the military, a territory of the United States, or the District of Columbia, and who has

36 been licensed for at least one year in such other jurisdiction, may submit an application for a

37 license in Missouri in the same occupation or profession, and at the same practice level, for

38 which he or she holds the current license, along with proof of current licensure and proof of

39 licensure for at least one year in the other jurisdiction, to the relevant oversight body in this

40 state.

41         3. The oversight body in this state shall:

42         (1) Within six months of receiving an application described in subsection 2 of this

43 section, waive any examination, educational, or experience requirements for licensure in this

44 state for the applicant if it determines that there were minimum education requirements and, if

45 applicable, work experience and clinical supervision requirements in effect and the other state

46 verifies that the person met those requirements in order to be licensed or certified in that state.
SS SCS HB 225                                     53

47 An oversight body that administers an examination on laws of this state as part of its licensing

48 application requirement may require an applicant to take and pass an examination specific to

49 the laws of this state; or

50  (2) Within thirty days of receiving an application described in subsection 2 of this

51 section from a nonresident military or law enforcement spouse or a resident military or law

52 enforcement spouse, waive any examination, educational, or experience requirements for

53 licensure in this state for the applicant and issue such applicant a license under this section if

54 such applicant otherwise meets the requirements of this section.

55  4. (1) The oversight body shall not waive any examination, educational, or

56 experience requirements for any applicant who has had his or her license revoked by an

57 oversight body outside the state; who is currently under investigation, who has a complaint

58 pending, or who is currently under disciplinary action, except as provided in subdivision (2)

59 of this subsection, with an oversight body outside the state; who does not hold a license in

60 good standing with an oversight body outside the state; who has a criminal record that would

61 disqualify him or her for licensure in Missouri; or who does not hold a valid current license in

62 the other jurisdiction on the date the oversight body receives his or her application under this

63 section.

64  (2) If another jurisdiction has taken disciplinary action against an applicant, the

65 oversight body shall determine if the cause for the action was corrected and the matter

66 resolved. If the matter has not been resolved by that jurisdiction, the oversight body may

67 deny a license until the matter is resolved.

68  5. Nothing in this section shall prohibit the oversight body from denying a license to

69 an applicant under this section for any reason described in any section associated with the

70 occupation or profession for which the applicant seeks a license.

71  6. Any person who is licensed under the provisions of this section shall be subject to

72 the applicable oversight body's jurisdiction and all rules and regulations pertaining to the

73 practice of the licensed occupation or profession in this state.

74  7. This section shall not be construed to waive any requirement for an applicant to

75 pay any fees, post any bonds or surety bonds, or submit proof of insurance associated with the

76 license the applicant seeks.

77  8. This section shall not apply to business, professional, or occupational licenses

78 issued or required by political subdivisions.

79  9. The provisions of this section shall not impede an oversight body's authority to

80 require an applicant to submit fingerprints as part of the application process.

81  10. [The provisions of this section shall not apply to an oversight body that has

82 entered into a licensing compact with another state for the regulation of practice under the

83 oversight body's jurisdiction.] The provisions of this section shall not be construed to alter
SS SCS HB 225                                    54

84 the authority granted by, or any requirements promulgated pursuant to, any interjurisdictional

85 or interstate compacts adopted by Missouri statute or any reciprocity agreements with other

86 states in effect [on August 28, 2018], and whenever possible this section shall be interpreted

87 so as to imply no conflict between it and any compact, or any reciprocity agreements with

88 other states in effect [on August 28, 2018].

89  11. Notwithstanding any other provision of law, a license issued under this section

90 shall be valid only in this state and shall not make a licensee eligible to be part of an interstate

91 compact. An applicant who is licensed in another state pursuant to an interstate compact shall

92 not be eligible for licensure by an oversight body under the provisions of this section.

93  12. The provisions of this section shall not apply to any occupation set forth in

94 subsection 6 of section 290.257, or any electrical contractor licensed under sections 324.900

95 to 324.945.

    488.435. 1. Sheriffs shall receive a charge, as provided in section 57.280, for service

2 of any summons, writ or other order of court, in connection with any civil case, and making

3 on the same either a return indicating service, a non est return or a nulla bona return, the sum

4 of twenty dollars for each item to be served, as provided in section 57.280, except that a

5 sheriff shall receive a charge for service of any subpoena, and making a return on the same,

6 the sum of ten dollars, as provided in section 57.280; however, no such charge shall be

7 collected in any proceeding when court costs are to be paid by the state, county or

8 municipality. In addition to such charge, the sheriff shall be entitled, as provided in section

9 57.280, to receive for each mile actually traveled in serving any summons, writ, subpoena or

10 other order of court, the rate prescribed by the Internal Revenue Service for all allowable

11 expenses for motor vehicle use expressed as an amount per mile, provided that such mileage

12 shall not be charged for more than one subpoena or summons or other writ served in the same

13 cause on the same trip. All of such charges shall be received by the sheriff who is requested

14 to perform the service. Except as otherwise provided by law, all charges made pursuant to

15 section 57.280 shall be collected by the court clerk as court costs and are payable prior to the

16 time the service is rendered; provided that if the amount of such charge cannot be readily

17 determined, then the sheriff shall receive a deposit based upon the likely amount of such

18 charge, and the balance of such charge shall be payable immediately upon ascertainment of

19 the proper amount of such charge. A sheriff may refuse to perform any service in any action

20 or proceeding, other than when court costs are waived as provided by law, until the charge

21 provided by this section is paid. Failure to receive the charge shall not affect the validity of

22 the service.

23  2. The sheriff shall, as provided in section 57.280, receive for receiving and paying

24 moneys on execution or other process, where lands or goods have been levied and advertised

25 and sold, five percent on five hundred dollars and four percent on all sums above five hundred
SS SCS HB 225             55

26 dollars, and half of these sums, when the money is paid to the sheriff without a levy, or where

27 the lands or goods levied on shall not be sold and the money is paid to the sheriff or person

28 entitled thereto, his or her agent or attorney. The party at whose application any writ,

29 execution, subpoena or other process has issued from the court shall pay the sheriff's costs, as

30 provided in section 57.280, for the removal, transportation, storage, safekeeping and support

31 of any property to be seized pursuant to legal process before such seizure. The sheriff shall be

32 allowed for each mile, as provided in section 57.280, going and returning from the courthouse

33 of the county in which he or she resides to the place where the court is held, the rate

34 prescribed by the Internal Revenue Service for all allowable expenses for motor vehicle use

35 expressed as an amount per mile. The provisions of this subsection shall not apply to

36 garnishment proceeds.

37          3. As provided in subsection 4 of section 57.280, [the sheriff shall receive ten dollars]

38 for service of any summons, writ, subpoena, or other order of the court included under

39 subsection 1 of section 57.280, in addition to the charge for such service that each sheriff

40 receives under subsection 1 of section 57.280, the sheriff of any county of the first, second,

41 or fourth classification or with a charter form of government shall receive twenty

42 dollars and the sheriff of any county of the third classification shall receive fifteen

43 dollars. The money received by the sheriff under subsection 4 of section 57.280 shall be paid

44 into the county treasury and the county treasurer shall make such money payable to the state

45 treasurer. As provided in subdivision (2) or (3) of subsection 4 of section 57.280, the state

46 treasurer shall deposit such moneys in the deputy sheriff salary supplementation fund created

47 under section 57.278 or the sheriffs' retirement fund created under section 57.952.

48          4. As provided in subsection 5 of section 57.280, the court clerk shall collect ten

49 dollars as a court cost for service of any summons, writ, subpoena, or other order of the court

50 included under subsection 1 of this section if any person other than a sheriff is specially

51 appointed to serve in a county that receives funds under section 57.278. The moneys received

52 by the clerk under this subsection shall be paid into the county treasury and the county

53 treasurer shall make such moneys payable to the state treasurer. The state treasurer shall

54 deposit such moneys in the deputy sheriff salary supplementation fund created under section

55 57.278.

       537.038. Any person may, without compensation, render emergency care or

2 assistance at the scene of an emergency or accident and shall not be liable for any civil

3 damages for acts or omissions other than damages occasioned by gross negligence or by

4 willful or wanton acts or omissions by such person in rendering such emergency care.

       574.207. 1. A person commits the offense of interference with a first responder

2 if:
SS SCS HB 225                         56

3       (1) The person has received a verbal warning not to approach from a person that

4 he or she knows or reasonably should know to be a first responder;

5       (2) The first responder is engaged in the lawful performance of a legal duty; and

6       (3) The person knowingly and willfully violates the verbal warning and

7 approaches within twenty feet of the first responder with the intent to:

8       (a) Impede or interfere with the first responder's ability to perform his or her

9 legal duty;

10      (b) Threaten the first responder with physical harm; or

11      (c) Engage in a course of conduct directed at a first responder which serves no

12 legitimate purpose.

13      2. The offense of interference with a first responder is a class B misdemeanor for

14 a first offense and a class A misdemeanor for a second or subsequent offense.

15      3. As used in this section, the following terms mean:

16      (1) "Advanced emergency medical technician", the same meaning as such term

17 is defined in section 190.100;

18      (2) "Emergency medical technician", the same meaning as such term is defined

19 in section 190.100;

20      (3) "Firefighter", any officer or employee of a fire department or fire protection

21 district who is employed for the purpose of fighting fires, but does not include anyone

22 employed in a clerical or other capacity not involving fire-fighting duties;

23      (4) "First responder", any law enforcement officer, firefighter, paramedic,

24 emergency medical technician, or advanced emergency medical technician;

25      (5) "Paramedic", the same meaning as such term is defined in section 190.100.

26      4. This section shall have no impact on an individual's first amendment rights,

27 and shall not restrict the ability to observe or record first responders.

        650.040. 1. As used in this section, the following terms shall mean:

2       (1) "Clearance rates", the rate at which law enforcement agencies clear an

3 offense by arrest or by exceptional means;

4       (2) "Offense cleared by an arrest", when at least one person has been arrested,

5 charged with the commission of the offense, and turned over to the court for

6 prosecution;

7       (3) "Offense cleared by exceptional means", when the law enforcement agency

8 has:

9       (a) Identified the offender;

10      (b) Gathered enough evidence to support an arrest, make a charge, and turn

11 over the offender to the court for prosecution;
SS SCS HB 225                  57

12  (c) Identified the offender's exact location so that the suspect could be taken into

13 custody immediately; and

14  (d) Encountered a circumstance outside the control of such agency that

15 prohibited the agency from arresting, charging, and prosecuting the offender.

16  2. There is hereby created the "Missouri Violent Crime Clearance Grant

17 Program" within the department of public safety. This program shall be developed in

18 consultation with the Missouri peace officers standards and training commission

19 created pursuant to section 590.120, the office for victims of crime created pursuant to

20 section 650.310, and the crime laboratory review commission created pursuant to

21 section 650.059.

22  3. The purpose of this program is to improve law enforcement strategies and

23 initiatives aimed at increasing violent crime clearance rates.

24  4. To the extent that such uses can be demonstrated to advance the purposes

25 described in subsection 2 of this section, eligible uses for the funding include:

26  (1) Improved investigatory resources, including the hiring of personnel assigned

27 to investigate violent crimes or collect, process, and test forensic evidence;

28  (2) Development of evidence-based policies, procedures, and training;

29  (3) Technical assistance;

30  (4) Law enforcement equipment or technology, including investigative, evidence-

31 processing, or forensic-testing equipment or technology;

32  (5) Contractual support;

33  (6) Information systems, with prioritization for projects that would improve

34 data integration and the ability to share information across and between law

35 enforcement agencies, prosecuting attorneys' offices, and crime labs;

36  (7) Officer health and wellness services;

37  (8) Hiring and retention of victim-witness coordinators;

38  (9) Partnership with hospital-based violence intervention programs;

39  (10) Partnership with accredited behavioral health programs; and

40  (11) Partnership with local community service providers to improve support for

41 victims of violent crime.

42  5. In awarding a grant under subsection 2 of this section for an allowable use

43 under subsection 3 of this section, the department of public safety shall give priority to

44 law enforcement agencies:

45  (1) With consistent public reporting of low clearance rates;

46  (2) That demonstrate a commitment to working with community-based

47 organizations and government agencies to reduce violent crime rates; or
SS SCS HB 225           58

48  (3) That detail a process for evaluating the effectiveness of both investigators

49 and investigative units, including the development of specific goals and performance

50 metrics.

51  6. All law enforcement agencies that receive funding under this section shall

52 report to the department of public safety annually on activities carried out to reduce

53 violent crime and improve clearance rates during the preceding fiscal year, including,

54 but not limited to:

55  (1) The number of personnel hired or assigned to investigate violent crimes,

56 disaggregated between sworn law enforcement officers and civilian or unsworn

57 professional staff;

58  (2) The number of personnel hired or assigned to collect, process, and test

59 forensic evidence;

60  (3) The number of personnel hired or assigned to provide victim services;

61  (4) The description of any training developed or implemented;

62  (5) The description of any new technology purchased or acquired;

63  (6) How grant-funded activities have impacted clearance rates;

64  (7) The record management system, or equivalent, used to collect case

65 information and its ability to integrate with other agencies', prosecuting attorney

66 offices', and crime labs' record management systems; and

67  (8) How the grantee worked with community-based organizations to improve

68 violent crime rates and clearance rates for violent crimes.

69  7. Distribution of state funds or technical assistance shall be by contractual

70 arrangement between the department and each recipient law enforcement agency.

71 Terms of the contract shall be negotiable each year. The state auditor may periodically

72 audit all law enforcement agencies receiving state funds.

73  8. Nothing in this section shall prohibit any law enforcement agency from

74 receiving federal or local funds should such funds become available.

75  9. No state funds shall be expended unless appropriated by the general assembly

76 for this purpose.

               [57.955. 1. There shall be assessed and collected a surcharge of three

2   dollars in all civil actions filed in the courts of this state and in all criminal

3   cases including violation of any county ordinance or any violation of criminal

4   or traffic laws of this state, including infractions, but no such surcharge shall

5   be assessed when the costs are waived or are to be paid by the state, county or

6   municipality or when a criminal proceeding or the defendant has been

7   dismissed by the court. For purposes of this section, the term "county

8   ordinance" shall not include any ordinance of the city of St. Louis. The clerk

9   responsible for collecting court costs in civil and criminal cases, shall collect
SS SCS HB 225                       59

10  and disburse such amounts as provided by sections 488.010 to 488.020. Such

11  funds shall be payable to the sheriffs' retirement fund. Moneys credited to the

12  sheriffs' retirement fund shall be used only for the purposes provided for in

13  sections 57.949 to 57.997 and for no other purpose.

14             2. The board may accept gifts, donations, grants and bequests from

15  public or private sources to the sheriffs' retirement fund.]

               [57.962. Other provisions of law to the contrary notwithstanding, any

2   county or city not within a county who has elected or elects in the future to

3   come under the provisions of sections 57.949 to 57.997 shall, after August 28,

4   2002, or on the date that such election is approved by the board of directors of

5   the retirement system, whichever later occurs, be subject to the provisions of

6   section 57.955.]

               [483.088. Each circuit clerk shall prepare a summary of all amounts

2   collected pursuant to section 57.955 during the preceding calendar year and

3   shall annually, by July first of the succeeding year, send a copy of such

4   summary to the state auditor.]

               [488.024. As provided by section 57.955, there shall be assessed and

2   collected a surcharge of three dollars in all civil actions filed in the courts of

3   this state and in all criminal cases including violation of any county ordinance

4   or any violation of criminal or traffic laws of this state, including infractions,

5   but no such surcharge shall be assessed when the costs are waived or are to be

6   paid by the state, county or municipality or when a criminal proceeding or the

7   defendant has been dismissed by the court. For purposes of this section, the

8   term "county ordinance" shall not include any ordinance of the City of St.

9   Louis. The clerk responsible for collecting court costs in civil and criminal

10  cases shall collect and disburse such amounts as provided by sections 488.010

11  to 488.020. Such funds shall be payable to the sheriffs' retirement fund.]

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