HOUSE BILL NO. 1584 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE CROSSLEY.
3232H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 287.243, RSMo, and to enact in lieu thereof one new section relating to the line of duty compensation act.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 287.243, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 287.243, to read as follows: 287.243. 1.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;
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. HB 1584 2
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 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 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 or commission of 39 the act of violence and the performance of the duty, even if the individual is off duty; the 40 public safety officer is traveling to or from employment; or the public safety officer is taking 41 any meal break or other break which takes place while that individual is on duty; 42 (c) Death is the natural and probable consequence of the injury; and 43 (d) Death occurs within three hundred weeks from the date the injury was received. 44 45 The term excludes death resulting from the willful misconduct or intoxication of the public 46 safety officer. The division of workers' compensation shall have the burden of proving such 47 willful misconduct or intoxication; 48 (9) "Law enforcement officer", any person employed by the state or a local 49 governmental entity as a police officer, peace officer certified under chapter 590, or serving as 50 an auxiliary police officer or in some like position involving the enforcement of the law and 51 protection of the public interest at the risk of that person's life; 52 (10) "Local governmental entity", includes counties, municipalities, townships, board 53 or other political subdivision, cities under special charter, or under the commission form of 54 government, fire protection districts, ambulance districts, and municipal corporations; HB 1584 3
55 (11) "Public safety officer", any law enforcement officer, firefighter, uniformed 56 employee of the office of the state fire marshal, emergency medical technician, police officer, 57 capitol police officer, parole officer, probation officer, state correctional employee, water 58 safety officer, park ranger, conservation officer, or highway patrolman employed by the state 59 of Missouri or a political subdivision thereof who is killed in the line of duty or any 60 emergency medical technician, air ambulance pilot, air ambulance registered professional 61 nurse, air ambulance registered respiratory therapist, or flight crew member who is killed in 62 the line of duty; 63 (12) "State", the state of Missouri and its departments, divisions, boards, bureaus, 64 commissions, authorities, and colleges and universities; 65 (13) "Volunteer firefighter", a person having principal employment other than as a 66 firefighter, but who is carried on the rolls of a regularly constituted fire department either for 67 the purpose of the prevention or control of fire or the underwater recovery of drowning 68 victims, the members of which are under the jurisdiction of the corporate authorities of a city, 69 village, incorporated town, or fire protection district. Volunteer firefighter shall not mean an 70 individual who volunteers assistance without being regularly enrolled as a firefighter. 71 3. (1) A claim for compensation under this section shall be filed by survivors of the 72 deceased with the division of workers' compensation not later than one year from the date of 73 death of a public safety officer. If a claim is made within one year of the date of death of a 74 public safety officer killed in the line of duty, compensation shall be paid, if the division finds 75 that the claimant is entitled to compensation under this section. 76 (2) The amount of compensation paid to the claimant shall be twenty-five thousand 77 dollars, subject to appropriation, for death occurring on or after June 19, 2009. 78 4. Any compensation awarded under the provisions of this section shall be distributed 79 as follows: 80 (1) To the surviving spouse of the public safety officer if there is no child who 81 survived the public safety officer; 82 (2) Fifty percent to the surviving child, or children, in equal shares, and fifty percent 83 to the surviving spouse if there is at least one child who survived the public safety officer, and 84 a surviving spouse of the public safety officer; 85 (3) To the surviving child, or children, in equal shares, if there is no surviving spouse 86 of the public safety officer; 87 (4) If there is no surviving spouse of the public safety officer and no surviving child: 88 (a) To the surviving individual, or individuals, in shares per the designation or, 89 otherwise, in equal shares, designated by the public safety officer to receive benefits under 90 this subsection in the most recently executed designation of beneficiary of the public safety 91 officer on file at the time of death with the public safety agency, organization, or unit; or HB 1584 4
92 (b) To the surviving individual, or individuals, in equal shares, designated by the 93 public safety officer to receive benefits under the most recently executed life insurance policy 94 of the public safety officer on file at the time of death with the public safety agency, 95 organization, or unit if there is no individual qualifying under paragraph (a); 96 (5) To the surviving parent, or parents, in equal shares, of the public safety officer if 97 there is no individual qualifying under subdivision (1), (2), (3), or (4) of this subsection; or 98 (6) To the surviving individual, or individuals, in equal shares, who would qualify 99 under the definition of the term "child" but for age if there is no individual qualifying under 100 subdivision (1), (2), (3), (4), or (5) of this subsection. 101 5. Notwithstanding subsection 3 of this section, no compensation is payable under 102 this section unless a claim is filed within the time specified under this section setting forth: 103 (1) The name, address, and title or designation of the position in which the public 104 safety officer was serving at the time of his or her death; 105 (2) The name and address of the claimant; 106 (3) A full, factual account of the circumstances resulting in or the course of events 107 causing the death at issue; and 108 (4) Such other information that is reasonably required by the division. 109 110 When a claim is filed, the division of workers' compensation shall make an investigation for 111 substantiation of matters set forth in the application. 112 6. The compensation provided for under this section is in addition to, and not 113 exclusive of, any pension rights, death benefits, or other compensation the claimant may 114 otherwise be entitled to by law. 115 7. Neither employers nor workers' compensation insurers shall have subrogation 116 rights against any compensation awarded for claims under this section. Such compensation 117 shall not be assignable, shall be exempt from attachment, garnishment, and execution, and 118 shall not be subject to setoff or counterclaim, or be in any way liable for any debt, except that 119 the division or commission may allow as lien on the compensation, reasonable attorney's fees 120 for services in connection with the proceedings for compensation if the services are found to 121 be necessary. Such fees are subject to regulation as set forth in section 287.260. 122 8. Any person seeking compensation under this section who is aggrieved by the 123 decision of the division of workers' compensation regarding his or her compensation claim, 124 may make application for a hearing as provided in section 287.450. The procedures 125 applicable to the processing of such hearings and determinations shall be those established by 126 this chapter. Decisions of the administrative law judge under this section shall be binding, 127 subject to review by either party under the provisions of section 287.480. 128 9. Pursuant to section 23.253 of the Missouri sunset act: HB 1584 5
129 (1) The provisions of the [new] program authorized under this section shall 130 automatically sunset [six] twelve years after [June 19, 2019] June 30, 2025, unless 131 reauthorized by an act of the general assembly; and 132 (2) If such program is reauthorized, the program authorized under this section shall 133 automatically sunset twelve years after the effective date of the reauthorization of this section; 134 and 135 (3) This section shall terminate on September first of the calendar year immediately 136 following the calendar year in which the program authorized under this section is sunset. 137 10. The provisions of this section, unless specified, shall not be subject to other 138 provisions of this chapter. 139 11. There is hereby created in the state treasury the "Line of Duty Compensation 140 Fund", which shall consist of moneys appropriated to the fund and any voluntary 141 contributions, gifts, or bequests to the fund. The state treasurer shall be custodian of the 142 fund and shall approve disbursements from the fund in accordance with sections 30.170 and 143 30.180. Upon appropriation, money in the fund shall be used solely for paying claims under 144 this section. Notwithstanding the provisions of section 33.080 to the contrary, any moneys 145 remaining in the fund at the end of the biennium shall not revert to the credit of the general 146 revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other 147 funds are invested. Any interest and moneys earned on such investments shall be credited to 148 the fund. 149 12. The division shall promulgate rules to administer this section, including but not 150 limited to the appointment of claims to multiple claimants, record retention, and procedures 151 for information requests. Any rule or portion of a rule, as that term is defined in section 152 536.010, that is created under the authority delegated in this section shall become effective 153 only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, 154 section 536.028. This section and chapter 536 are nonseverable and if any of the powers 155 vested with the general assembly under chapter 536 to review, to delay the effective date, or 156 to disapprove and annul a rule are subsequently held unconstitutional, then the grant of 157 rulemaking authority and any rule proposed or adopted after June 19, 2009, shall be invalid 158 and void. ✔
Statutes affected: