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SECOND REGULAR SESSION
HOUSE BILL NO. 2566
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE MYERS.
5648H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o 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Section A. Section 287.243, RSMo, is repealed and one new section enacted in lieu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 335.01 1 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;
EXPLANA TION — 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.
18 (4) "Child", any natural, illegitimate, adopted, or posthumous child or stepchild of a
19 deceased public safety of ficer who, at the time of the public safety of ficer'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) "Emer gency medical technician", a person licensed in emer gency 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 of ficer 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 of ficer 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 of f duty; the public safety of ficer is traveling to or from employment; or the public safety
41 of ficer 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 of ficer . The division of workers' compensation shall have the burden of proving such
49 willful misconduct or intoxication;
50 (9) "Law enforcement of ficer", any person employed by the state or a local
51 governmental entity as a police of ficer , peace of ficer certified under chapter 590, or serving as
52 an auxiliary police of ficer 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;
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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 (1 1) "Public safety of ficer", any law enforcement of ficer , firefighter , uniformed
58 employee of the of fice of the state fire marshal, emer gency medical technician, police of ficer ,
59 capitol police of ficer , parole of ficer , probation of ficer , state correctional employee, water
60 safety of ficer , 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 emer gency 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) "V olunteer 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. V olunteer 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 two years from the date of
75 death of a public safety of ficer . If a claim is made within two years of the date of death of a
76 public safety of ficer killed in the line of duty , compensation shall be paid, if the division finds
77 that the claimant is entitled to compensation under this section.
78 (2) The amount of compensation paid to the claimant shall be one hundred thousand
79 dollars, subject to appropriation, for death occurring on or after June 19, 2009.
80 4. Any compensation awarded under the provisions of this section shall be distributed
81 as follows:
82 (1) T o the surviving spouse of the public safety of ficer if there is no child who
83 survived the public safety of ficer;
84 (2) Fifty percent to the surviving child, or children, in equal shares, and fifty percent
85 to the surviving spouse if there is at least one child who survived the public safety of ficer , and
86 a surviving spouse of the public safety officer;
87 (3) T o the surviving child, or children, in equal shares, if there is no surviving spouse
88 of the public safety of ficer;
89 (4) If there is no surviving spouse of the public safety of ficer and no surviving child:
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90 (a) T o the surviving individual, or individuals, in shares per the designation or ,
91 otherwise, in equal shares, designated by the public safety of ficer to receive benefits under
92 this subsection in the most recently executed designation of beneficiary of the public safety
93 of ficer on file at the time of death with the public safety agency , or ganization, or unit; or
94 (b) T o the surviving individual, or individuals, in equal shares, designated by the
95 public safety of ficer to receive benefits under the most recently executed life insurance policy
96 of the public safety of ficer on file at the time of death with the public safety agency ,
97 or ganization, or unit if there is no individual qualifying under paragraph (a) of this
98 subdivision;
99 (5) T o the surviving parent, or parents, in equal shares, of the public safety of ficer if
100 there is no individual qualifying under subdivision (1), (2), (3), or (4) of this subsection; or
101 (6) T o the surviving individual, or individuals, in equal shares, who would qualify
102 under the definition of the term "child" but for age if there is no individual qualifying under
103 subdivision (1), (2), (3), (4), or (5) of this subsection.
104 5. Notwithstanding subsection 3 of this section, no compensation is payable under
105 this section unless a claim is filed within the time specified under this section setting forth:
106 (1) The name, address, and title or designation of the position in which the public
107 safety officer was serving at the time of his or her death;
108 (2) The name and address of the claimant;
109 (3) A full, factual account of the circumstances resulting in or the course of events
110 causing the death at issue; and
111 (4) Such other information that is reasonably required by the division.
112
113 When a claim is filed, the division of workers' compensation shall make an investigation for
114 substantiation of matters set forth in the application.
115 6. The compensation provided for under this section is in addition to, and not
116 exclusive of, any pension rights, death benefits, or other compensation the claimant may
117 otherwise be entitled to by law .
118 7. Neither employers nor workers' compensation insurers shall have subrogation
119 rights against any compensation awarded for claims under this section. Such compensation
120 shall not be assignable, shall be exempt from attachment, garnishment, and execution, and
121 shall not be subject to setof f or counterclaim, or be in any way liable for any debt, except that
122 the division or commission may allow as lien on the compensation, reasonable attorney's fees
123 for services in connection with the proceedings for compensation if the services are found to
124 be necessary . Such fees are subject to regulation as set forth in section 287.260.
125 8. Any person seeking compensation under this section who is aggrieved by the
126 decision of the division of workers' compensation regarding his or her compensation claim,
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127 may make application for a hearing as provided in section 287.450. The procedures
128 applicable to the processing of such hearings and determinations shall be those established by
129 this chapter . Decisions of the administrative law judge under this section shall be binding,
130 subject to review by either party under the provisions of section 287.480.
131 9. [ Pursuant to section 23.253 of the Missouri sunset act:
132 (1) The provisions of the new program authorized under this section shall
133 automatically sunset on December 31, 2031, unless reauthorized by an act of the general
134 assembly; and
135 (2) If such program is reauthorized, the program authorized under this section shall
136 automatically sunset twelve years after the ef fective date of the reauthorization of this section;
137 and
138 (3) This section shall terminate on September first of the calendar year immediately
139 following the calendar year in which the program authorized under this section is sunset. ]
140 This section shall not be subject to the pr ovisions of the Missouri sunset act under
141 sections 23.250 to 23.298.
142 10. The provisions of this section, unless specified, shall not be subject to other
143 provisions of this chapter .
144 1 1. There is hereby created in the state treasury the "Line of Duty Compensation
145 Fund", which shall consist of moneys appropriated to the fund and any voluntary
146 contributions, gifts, or bequests to the fund. The state treasurer shall be custodian of the
147 fund and shall approve disbursements from the fund in accordance with sections 30.170 and
148 30.180. Upon appropriation, money in the fund shall be used solely for paying claims under
149 this section. Notwithstanding the provisions of section 33.080 to the contrary , any moneys
150 remaining in the fund at the end of the biennium shall not revert to the credit of the general
151 revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other
152 funds are invested. Any interest and moneys earned on such investments shall be credited to
153 the fund.
154 12. The division shall promulgate rules to administer this section, including but not
155 limited to the appointment of claims to multiple claimants, record retention, and procedures
156 for information requests. Any rule or portion of a rule, as that term is defined in section
157 536.010, that is created under the authority delegated in this section shall become ef fective
158 only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable,
159 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
160 vested with the general assembly under chapter 536 to review , to delay the ef fective date, or
161 to disapprove and annul a rule are subsequently held unconstitutional, then the grant of
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162 rulemaking authority and any rule proposed or adopted after June 19, 2009, shall be invalid
163 and void.
✔
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