Read the full stored bill text
EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 886
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
4449S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 160.665 and 590.207, RSMo, and to enact in lieu thereof three new sections
relating to elementary and secondary school safety, with existing penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 160.665 and 590.207, RSMo, are 1
repealed and three new sections enacted in lieu thereof, to be 2
known as sections 135.1300, 160.665, and 590.207, to read as 3
follows:4
135.1300. 1. As used in this section, unless the 1
context clearly indicates otherwise, the following terms 2
mean: 3
(1) "Eligible entity", any organization that provides 4
an eligible course; 5
(2) "Eligible course", any tactical or defensive 6
firearms safety and training course identified as an 7
eligible course according to criteria to be developed by the 8
department of public safety; 9
(3) "Firearm", as such term is defined in section 10
571.010; 11
(4) "State tax liability", any liability incurred by a 12
taxpayer pursuant to the provisions of chapter 143, 13
exclusive of the provisions relating to the withholding of 14
tax as provided for in sections 143.191 to 143.265 and 15
related provisions; 16
SB 886 2
(5) "Tax credit", a credit against the tax otherwise 17
due under chapter 143, excluding withholding tax imposed 18
under sections 143.191 to 143.265; 19
(6) "Taxpayer", any teacher, administrative personnel, 20
or athletic coach employed by a school, as such term is 21
defined in section 160.665, that is subject to the tax 22
imposed under chapter 143, excluding withholding tax imposed 23
under sections 143.191 to 143.265. 24
2. For all tax years beginning on or after January 1, 25
2026, a taxpayer shall be authorized to claim a tax credit 26
against the taxpayer's state tax liability in an amount 27
equal to one hundred percent of any costs incurred for the 28
purchase of a firearm or costs incurred for the purchase of 29
an eligible course from an eligible entity, provided that no 30
taxpayer may claim a tax credit in excess of one hundred 31
fifty dollars. 32
3. (1) Tax credits authorized pursuant to this 33
section shall not be refundable, but may be carried forward 34
for five subsequent tax years or until the full tax credit 35
is redeemed, whichever occurs first. 36
(2) Tax credits authorized pursuant to this section 37
may be transferred, sold, or assigned. 38
(3) The total amount of tax credits that may be 39
authorized pursuant to this section in any tax year shall 40
not exceed five hundred thousand dollars. 41
4. The department of public safety shall establish 42
criteria defining an eligible course and shall post such 43
criteria and a list of eligible courses on the department of 44
public safety's website. The department of public safety 45
shall additionally submit such criteria and list to the 46
department of revenue. 47
SB 886 3
5. The department of revenue may promulgate rules to 48
implement the provisions of this section. Any rule or 49
portion of a rule, as that term is defined in section 50
536.010, that is created under the authority delegated in 51
this section shall become effective only if it complies with 52
and is subject to all of the provisions of chapter 536 and, 53
if applicable, section 536.028. This section and chapter 54
536 are nonseverable and if any of the powers vested with 55
the general assembly pursuant to chapter 536 to review, to 56
delay the effective date, or to disapprove and annul a rule 57
are subsequently held unconstitutional, then the grant of 58
rulemaking authority and any rule proposed or adopted after 59
August 28, 2026, shall be invalid and void. 60
6. Pursuant to section 23.253 of the Missouri sunset 61
act: 62
(1) The program authorized pursuant to this section 63
shall automatically sunset six years after the effective 64
date of this section unless reauthorized by an act of the 65
general assembly; 66
(2) This section shall terminate on September first of 67
the calendar year immediately following the calendar year in 68
which the program authorized pursuant to this section is 69
sunset; and 70
(3) The provisions of this subsection shall not be 71
construed to impair or impede the state's fulfillment of any 72
obligations, including the authorization, issuance, or 73
redemption of tax credits, incurred pursuant to this section 74
prior to the date the program authorized pursuant to this 75
section is sunset. 76
160.665. 1. [Any school district within the state may 1
designate one or more elementary or secondary school 2
teachers or administrators as a school protection officer.] 3
SB 886 4
(1) This section shall be known and may be cited as the 4
"Keep Our Schools Safe Act". 5
(2) As used in this section, the following terms mean: 6
(a) "Extracurricular activity", any program or 7
activity for students that is sponsored, provided, or in any 8
way facilitated by the school or an organization sanctioned 9
by the school, including, but not limited to, athletic 10
events, fine arts activities, career and technical student 11
organization activities, or any activity designed to enhance 12
the school curriculum; 13
(b) "Law enforcement officer", any officer or employee 14
of the United States, any state, any political subdivision 15
of a state, or the District of Columbia having both the 16
power and duty to make arrests for violations of the laws of 17
this state, and federal law enforcement officers authorized 18
to carry firearms and to make arrests for violations of the 19
laws of the United States. The term "law enforcement 20
officer" shall specifically include, but not be limited to, 21
members of the following: 22
a. The National Guard as defined in 10 U.S.C. Section 23
101, as amended; 24
b. The organized militia of any state or territory of 25
the United States, the Commonwealth of Puerto Rico, or the 26
District of Columbia, not included within the definition of 27
the National Guard as defined in 10 U.S.C. Section 101, as 28
amended; and 29
c. The Armed Forces of the United States; 30
(c) "School", any school district, as such term is 31
defined in section 160.011, any charter school, as such term 32
is defined in section 160.400, or any private school, as 33
such term is defined in section 166.700; 34
SB 886 5
(d) "School building", any facility owned or leased by 35
a school: 36
a. Over which the governing body of the school has 37
care, custody, or control; and 38
b. In which any pupils are physically present during a 39
school day, as such term is defined in section 160.041; 40
(e) "School campus", a school building or cluster of 41
buildings, and the grounds around such school building or 42
cluster of buildings, used for any school purpose, 43
including, but not limited to, academic instruction, 44
extracurricular activities, organized physical activity 45
courses, early childhood education programs, or school 46
administration; 47
(f) "School protection officer", any elementary or 48
secondary school teacher or administrator designated to 49
serve as a school protection officer under this section and 50
sections 590.200 to 590.207, or any individual who is a 51
volunteer as provided in this section; 52
(g) "Volunteer", any individual who: 53
a. Was formerly employed as a law enforcement officer 54
but who has retired from such employment; 55
b. Is qualified as a school protection officer under 56
sections 590.200 to 590.207; and 57
c. Serves or will serve a school as a school 58
protection officer on a paid or unpaid basis but not as an 59
employee of the school district. 60
2. Each school within the state shall designate one or 61
more school protection officers to be present on each school 62
campus that is under the custody, care, or control of the 63
school at all times when children are on the school campus 64
for educational purposes or extracurricular activities. 65
Each school protection officer shall be trained as required 66
SB 886 6
pursuant to the provisions of this section and sections 67
590.200 to 590.207 and shall be equipped with a concealed 68
firearm and self-defense spray device. A school protection 69
officer may be a teacher or administrator as provided in 70
this section or may be a volunteer. If a school protection 71
officer is a teacher or administrator, the responsibilities 72
and duties of a school protection officer are voluntary and 73
shall be in addition to the normal responsibilities and 74
duties of the teacher or administrator. [Any compensation 75
for additional duties relating to service as a school 76
protection officer shall be funded by the local school 77
district, with no state funds used for such purpose] If the 78
school protection officer is a volunteer, the individual may 79
serve on an unpaid basis or may be provided compensation by 80
the school. 81
[2.] 3. Any [person] individual designated by a school 82
[district] as a school protection officer shall [be 83
authorized to] carry a concealed [firearms or] firearm and a 84
self-defense spray device in [any] the school [in the 85
district]. A self-defense spray device shall mean any 86
device that is capable of carrying, and that ejects, 87
releases, or emits, a nonlethal solution capable of 88
incapacitating a violent threat. The school protection 89
officer shall not be permitted to allow any firearm or 90
device out of [his or her] the officer's personal control 91
while that firearm or device is on the school [property] 92
campus. Any school protection officer who violates this 93
subsection may be removed immediately from the [classroom] 94
school campus and subject to employment termination 95
proceedings if the officer is a teacher or administrator, or 96
subject to removal from the school campus and dismissal as a 97
SB 886 7
volunteer if serving as a volunteer school protection 98
officer. 99
[3.] 4. A school protection officer has the same 100
authority to detain or use force against any person on 101
school property as provided to any other person under 102
chapter 563. 103
[4.] 5. Upon detention of a person under this 104
subsection [3 of this section], the school protection 105
officer shall immediately notify a school administrator and 106
a school resource officer, if such officer is present at the 107
school. If the person detained is a student then the 108
parents or guardians of the student shall also be 109
immediately notified by a school administrator. 110
[5.] 6. Any person detained by a school protection 111
officer shall be turned over to a school administrator or 112
law enforcement officer as soon as practically possible and 113
shall not be detained by a school protection officer for 114
more than one hour. 115
[6.] 7. Any teacher or administrator of an elementary 116
or secondary school who seeks to be designated as a school 117
protection officer shall request such designation in 118
writing, and submit it to the superintendent of the school 119
district which employs [him or her] such individual as a 120
teacher or administrator. Along with this request, any 121
teacher or administrator seeking to carry a concealed 122
firearm on school property shall also submit proof that [he 123
or she] such individual has a valid concealed carry 124
endorsement or permit, and all teachers and administrators 125
seeking the designation of school protection officer shall 126
submit a certificate of school protection officer training 127
program completion from a training program approved by the 128
director of the department of public safety which 129
SB 886 8
demonstrates that such person has successfully completed the 130
training requirements established by the POST commission 131
under chapter 590 for school protection officers. 132
[7.] 8. No school [district may] shall designate [a 133
teacher or administrator] any individual as a school 134
protection officer unless such [person] individual has 135
successfully completed a school protection officer training 136
program[, which] that has been approved by the director of 137
the department of public safety. No school [district] shall 138
allow a school protection officer to carry a concealed 139
firearm on school property unless the school protection 140
officer has a valid concealed carry endorsement or permit. 141
[8.] 9. (1) Any school [district] that designates a 142
[teacher or administrator as a] school protection officer 143
shall, within thirty days of such designation, notify, in 144
writing, the director of the department of public safety of 145
the designation, which shall include the following: 146
[(1)] (a) The full name, date of birth, and address of 147
the officer; 148
[(2)] (b) The name of the school district; and 149
[(3)] (c) The date such [person] individual was 150
designated as a school protection officer. 151
(2) Notwithstanding any other provisions of law to the 152
contrary, any identifying information collected under the 153
authority of this subsection shall not be considered public 154
information and shall not be subject to a request for public 155
records made under chapter 610. 156
[9.] 10. A school [district] may revoke the 157
designation of [a person] an individual as a school 158
protection officer for any reason and shall immediately 159
notify the designated school protection officer in writing 160
of the revocation. The school district shall also within 161
SB 886 9
thirty days of the revocation notify the director of the 162
department of public safety in writing of the revocation of 163
the designation of such [person] individual as a school 164
protection officer. [A person] An individual who has had 165
the designation of school protection officer revoked has no 166
right to appeal the revocation decision. 167
[10.] 11. The director of the department of public 168
safety shall maintain a listing of all [persons] individuals 169
designated by [school districts] schools as school 170
protection officers and shall make this list available to 171
all law enforcement agencies. 172
[11.] 12. Before a school [district] may designate a 173
[teacher or administrator as a] school protection officer, 174
the school board of the school district or governing body of 175
the charter school or private school shall hold a public 176
hearing on whether to allow such designation. Notice of the 177
hearing shall be published at least fifteen days before the 178
date of the hearing in a newspaper of general circulation 179
within the city or county in which the school district, 180
charter school, or private school is located. The board may 181
determine at a closed meeting, as "closed meeting" is 182
defined under section 610.010, whether to authorize the 183
[designated school protection officer to carry a concealed 184
firearm or a self-defense spray device] individual to serve 185
the school district, charter school, or private school as a 186
school protection officer. 187
13. Each school shall ensure that all students 188
enrolled full-time or part-time in grades prekindergarten 189
through grade eight participate in a mandatory, annual Eddie 190
Eagle Gunsafe training course on firearm safety provided by 191
the National Rifle Association. 192
SB 886 10
590.207. Notwithstanding any other provision of law to 1
the contrary, any person designated as a school protection 2
officer under the provisions of section 160.665 who allows 3
any such firearm out of [his or her] such officer's personal 4
control while that firearm is on the school [property] 5
campus as provided under [subsection 2 of] section 160.665 6
shall be guilty of a class B misdemeanor and may be subject 7
to employment termination proceedings within the school 8
[district] if such school protection officer is an 9
elementary or secondary school teacher or administrator or 10
dismissal if such school protection officer is a volunteer 11
under section 160.665. 12
✓