HB 2201
Modifies provisions relating to COVID-19 liability
Sponsor: Sander, Chris (033)
Proposed Effective Date: 8/28/2022
LR Number: 4773H.01I
Last Action: 01/05/2022 – Introduced and Read First Time (H)
Bill String: HB 2201
Next House Hearing: Hearing not scheduled
Calendar: HOUSE BILLS FOR SECOND READING
The current statutes, which were effective on August 28, 2021, provide immunity from liability for exposure of an individual to COVID-19:
RSMo § 537.1005. COVID-19 exposure, immunity from liability, when — assumption of risk, signage — no third-party liability, exceptions. — 1. Notwithstanding any other provision of law to the contrary, and except as otherwise provided in this section, no individual or entity engaged in businesses, services, activities, or accommodations shall be liable in any COVID-19 exposure action unless the plaintiff can prove by clear and convincing evidence [….]
RSMo § 537.1010. Health care providers, immunity from liability, exceptions. — 1. Notwithstanding any other provision of law to the contrary, and except as provided in subsection 2 of this section, no health care provider shall be liable in a COVID-19 medical liability action unless the plaintiff can prove [….]
RSMo § 537.1015. Covered products, no COVID-19 products liability, when — evidence required for liability — inapplicability, when. — 1. Notwithstanding any other provision of law to the contrary, and except as otherwise provided in this section, no individual or entity who designs, manufactures, imports, distributes, labels, packages, leases, sells, or donates a covered product shall be liable in a COVID-19 products liability action if the individual or entity [….]
HB 2201 [pdf] adds sections which would reinstate liability for each of the three existing statutes:
[….] The provisions of this section shall not apply to any individual or entity or religious organization that has a COVID-19 mandate. A mandate may include, but is not limited to, requiring a person to:
(1) Be vaccinated;
(2) Wear a facial covering or mask; or
(3) Socially distance himself or herself from others. [….]
[….] The provisions of this section shall not apply to a health care provider with a COVID-19 mandate. A mandate may include, but is not limited to, requiring a person to:
(1) Be vaccinated;
(2) Wear a facial covering or mask; or
(3) Socially distance himself or herself from others. [….]
[….] The provisions of this section shall not apply to an individual or entity that has a COVID-19 mandate. A mandate may include, but is not limited to, requiring a person to:
(1) Be vaccinated;
(2) Wear a facial covering or mask; or
(3) Socially distance himself or herself from others. [….]
That is, COVID-19 liability protections which were extended to various entities in the last legislative session would be removed if these entities require vaccines, masks, or social distancing.
“…not limited to…”
This way lies madness.
Raise your hand if you’d like your surgeon to wash their hands and wear a mask.
Representative Chris Sander, a Republican, represents parts of Cass, Jackson, and Lafayette counties (District 33) in the Missouri House of Representatives.
In addition to his legislative duties, Sander is the founder and owner of Powder Monkey FIREWORKS, Inc. in Weldon Spring.
He graduated from Hazelwood West High School, and received his Bachelors of Science in business administration from the University of Missouri in 2005. [….]
John Lamping @JohnLamping
You would celebrate that wouldn’t you!
[…] 5:51 PM · Jan 4, 2022
No, we’d mourn for the victims of a heart attack or stroke, or victims of car accidents who couldn’t get appropriate medical care in a timely manner because a self-satisfied insufferable prick couldn’t be bothered to care about others around him during a global pandemic.
“…ivermectin tablets and hydroxychloroquine tablets shall be available to the public through over-the-counter purchase in this state without a prescription…”
Darwin.
A bill, prefiled yesterday:
HB 2111
Creates provisions relating to over-the-counter medications
Sponsor: Sander, Chris (033)
Proposed Effective Date: 8/28/2022
LR Number: 4929H.01I
Last Action: 12/29/2021 – Prefiled (H)
Bill String: HB 2111
Next House Hearing: Hearing not scheduled
Calendar: Bill currently not on a House calendar
INTRODUCED BY REPRESENTATIVE SANDER.
4929H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To amend chapter 195, RSMo, by adding thereto one new section relating to the over-thecounter purchase of certain medications.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 195, RSMo, is amended by adding thereto one new section, to be known as section 195.1000, to read as follows:
195.1000. Notwithstanding any other provision of law, ivermectin tablets and hydroxychloroquine tablets shall be available to the public through over-the-counter purchase in this state without a prescription or consultation with a pharmacist or other health care professional.
“…No hospital, physician, procurement organization, or other person shall consider the COVID-19 vaccination status of a potential organ transplant recipient or potential organ donor in any part of the organ transplant process…”
Bill prefiling for the Missouri General Assembly session started on December 1st.
Yet another bill, addressing a matter of great urgency for right wingnuts, filed yesterday:
HB 1861
Creates provisions relating to COVID-19 vaccination status with respect to organ transplant procedures
Sponsor: Eggleston, J. (002)
Proposed Effective Date: 8/28/2022
LR Number: 3959H.01I
Last Action: 12/07/2021 – Prefiled (H)
Bill String: HB 1861
Next House Hearing: Hearing not scheduled
Calendar: Bill currently not on a House calendar
INTRODUCED BY REPRESENTATIVE EGGLESTON.
3959H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To amend chapter 194, RSMo, by adding thereto one new section relating to COVID-19 vaccination status.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 194, RSMo, is amended by adding thereto one new section, to be known as section 194.321, to read as follows:
194.321. 1. For purposes of this section, the following terms mean:
(1) “COVID-19 vaccination status”, an indication of whether a person has received a vaccination against COVID-19;
(2) “Hospital”, the same meaning given to the term in section 197.020;
(3) “Procurement organization”, the same meaning given to the term in section 194.210.
2. No hospital, physician, procurement organization, or other person shall consider the COVID-19 vaccination status of a potential organ transplant recipient or potential organ donor in any part of the organ transplant process including, but not limited to:
(1) The referral of a patient to be considered for a transplant;
(2) The evaluation of a patient for a transplant;
(3) The consideration of a patient for placement on a waiting list;
(4) A patient’s particular position on a waiting list; and
(5) The evaluation of a potential donor to determine his or her suitability as an organ donor
Are masks optional during the procedure? What if the part gets vaccinated in transit? If an unvaccinated recipient gets a part from a vaccinated donor does the recipient then have to carry a vaccine passport?
Bill prefiling for the Missouri General Assembly session started on December 1st.
Yet another bill, addressing a matter of great urgency for right wingnuts, filed today:
HB 1815
Prohibits public schools from using any curriculum implementing critical race theory
Sponsor: Schroer, Nick (107)
Proposed Effective Date: 8/28/2022
LR Number: 4178H.01I
Last Action: 12/06/2021 – Prefiled (H)
Bill String: HB 1815
Next House Hearing: Hearing not scheduled
Calendar: Bill currently not on a House calendar
INTRODUCED BY REPRESENTATIVE SCHROER.
4178H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To amend chapter 170, RSMo, by adding thereto one new section relating to curricula used in
public schools.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 170, RSMo, is amended by adding thereto one new section, to be known as section 170.353, to read as follows:
170.353. 1. As used in this section, “curriculum implementing critical race theory” includes, but is not limited to, any curriculum that:
(1) Identifies people or groups of people, entities, or institutions in the United States as inherently, immutably, or systemically sexist, racist, biased, privileged, or oppressed; and
(2) Employs immutable, inherited, or objective characteristics such as race, income, appearance, family of origin, or sexual orientation to:
(a) Define a person’s identity;
(b) Classify persons into groups for any purpose including, but not limited to, the targeting of only certain groups for education, formation, indoctrination, viewpoint, or transformation;
(c) Perpetuate stereotypes; or
(d) Assign blame to categories of persons regardless of the actions of particular individuals.
2. For purposes of this section, a curriculum implementing critical race theory includes, but is not limited to, the following:
(1) The 1619 Project initiative of the New York Times;
(2) The Learning for Justice Curriculum of the Southern Poverty Law Center;
(3) Teaching Tolerance, or any successor curriculum;
(4) We Stories;
(5) Programs of Educational Equity Consultants; or
(6) Any other similar predecessor or successor curriculum.
3. No school district, charter school, or personnel or agent of such school district or charter school shall:
(1) Teach, use, or provide for use by any pupil any curriculum implementing critical race theory as part of any curriculum, course materials, or instruction in any course given in such school district or charter school; or
(2) Teach, affirm, or promote as an accurate account or representation of the founding and history of the United States of America any of the claims, views, or opinions presented in the 1619 Project as part of any curriculum, course materials, or instruction in any course given in such school district or charter school.
Show us on the curriculum or course materials where the actual facts influenced you…
Bill prefiling for the Missouri General Assembly session started on December 1st.
The most sacred right wingnut dogma:
HB 1453
Prohibits an employer from terminating an employee for having a firearm in the employee’s vehicle on the employer’s premises
Sponsor: Billington, Hardy (152)
Proposed Effective Date: 8/28/2022
LR Number: 3070H.01I
Last Action: 12/01/2021 – Prefiled (H)
Bill String: HB 1453
Next House Hearing: Hearing not scheduled
Calendar: Bill currently not on a House calendar
INTRODUCED BY REPRESENTATIVE BILLINGTON.
3070H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To amend chapter 290, RSMo, by adding thereto one new section relating to firearms on
employer property.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 290, RSMo, is amended by adding thereto one new section, to be known as section 290.148, to read as follows:
290.148. Notwithstanding any provision of law to the contrary, no employer in this state shall discharge or otherwise terminate the employment of any employee on the basis of such employee having a firearm in the employee’s vehicle on the employer’s property when the employee is arriving to or leaving from the employer’s property for employment purposes or when the employee is conducting activities within the course and scope of his or her employment, provided that the employee’s vehicle is locked and the firearm is not visible. An employer shall not be civilly liable for any injuries or damages resulting from the use of firearms that are stored in compliance with this section.
HB 1607
Preempts any laws or orders that would hinder the operations of a firearm business
Sponsor: Wiemann, John (103)
Proposed Effective Date: 8/28/2022
LR Number: 3162H.01I
Last Action: 12/01/2021 – Prefiled (H)
Bill String: HB 1607
Next House Hearing: Hearing not scheduled
Calendar: Bill currently not on a House calendar
INTRODUCED BY REPRESENTATIVE WIEMANN.
3162H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To amend chapter 21, RSMo, by adding thereto one new section relating to firearm
businesses.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 21, RSMo, is amended by adding thereto one new section, to be known as section 21.754, to read as follows:
21.754. As the right to keep and bear arms is a fundamental right, the general assembly hereby occupies and preempts the entire field of legislation that would prohibit, restrict, or reduce the operation of a firearm business, including legislation or orders issued during a declared state of emergency or disaster. Any existing or future orders, ordinances, or regulations that would prohibit, restrict, or reduce the operation of a firearm business are hereby, and shall be, null and void. Neither the state nor an official, agency, or political subdivision thereof shall issue or adopt any order, ordinance, or regulation that would prohibit, restrict, or reduce the operation of a firearm business. As used in this section, “firearm business” means any business engaged in the manufacturing, distributing, selling, or training for the use of firearms or ammunition and shall include shooting ranges.
What could possible go wrong?
HB 1642
Modifies provisions for receiving a concealed carry permit
Sponsor: Coleman, Jeff (032)
Proposed Effective Date: 8/28/2022
LR Number: 4192H.01I
Last Action: 12/01/2021 – Prefiled (H)
Bill String: HB 1642
Next House Hearing: Hearing not scheduled
Calendar: Bill currently not on a House calendar
[….] Notwithstanding the residency and fee authorizations provisions of this chapter, a sheriff may process a concealed carry permit for any Missouri resident if the applicant demonstrates a substantial delay in processing permit applications in the applicant’s county of residence. The requirements and fees for residents of other counties shall be identical to the requirements and fees for county residents, except that the sheriff may charge postage for mailing the completed permit materials to the applicant’s county of residence. Both the sheriff in the applicant’s county of residence and the sheriff in the county where the applicant receives his or her permit shall maintain records as required under this chapter.
114 counties, no waiting.
HB 1660
Allows the concealed carry of firearms on public transportation systems and the transporting of non-functioning or unloaded firearms on public buses
Sponsor: Hicks, Ron (102)
Proposed Effective Date: 8/28/2022
LR Number: 3345H.01I
Last Action: 12/01/2021 – Prefiled (H)
Bill String: HB 1660
Next House Hearing: Hearing not scheduled
Calendar: Bill currently not on a House calendar
[….] 3. Notwithstanding any provision of this chapter or chapter 70, 577, or 578 to the contrary, a person carrying a firearm concealed on or about his or her person who is lawfully in possession of a valid concealed carry permit or endorsement shall not be prohibited or impeded from accessing or using any publicly funded transportation system, nor shall such person be harassed or detained for carrying a concealed firearm on the property, vehicles, or conveyances owned, contracted, or leased by such systems that are accessible to the public. For purposes of this section, “public transportation system” means the property, equipment, rights-of-way, and buildings, either publicly or privately owned and operated, of an entity that receives public funds and holds itself out to the general public for the transportation of persons. This includes portions of a public transportation system provided through a contract with a private entity but excludes any corporation that provides intercity passenger train service on railroads throughout the United States or any private partnership in which the corporation engages. [….]
You can always get there if you really need to.
Holy of all holies. There’s a definite pattern here.
“…a bleeding control kit be placed in each classroom of each school district’s school building and each charter school in an easily accessible location…”
There must be some commonplace threat. Or something.
Bill prefiling for the Missouri General Assembly session started on December 1st.
A bill, with the only possible right wingnut solution to a problem of their creation:
HB 1722
Requires bleeding control kits in all public school and charter school classrooms
Sponsor: Shields, Brenda (011)
Proposed Effective Date: 8/28/2022
LR Number: 4066H.01I
Last Action: 12/01/2021 – Prefiled (H)
Bill String: HB 1722
Next House Hearing: Hearing not scheduled
Calendar: Bill currently not on a House calendar
INTRODUCED BY REPRESENTATIVE SHIELDS.
4066H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To amend chapter 160, RSMo, by adding thereto one new section relating to bleeding control
kits in public schools.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 160, RSMo, is amended by adding thereto one new section, to be known as section 160.485, to read as follows:
160.485. 1. This section shall be known and may be cited as the “Stop the Bleed Act”.
2. As used in this section, the following terms mean:
(1) “Bleeding control kit”, a first aid response kit that contains at least the following:
(a) Tourniquets that are:
a. Endorsed by the United States Department of Defense Committee on Tactical Combat Casualty Care or its successor entity; or
b. Approved for use in battlefield trauma care by the Armed Forces of the United States;
(b) Bleeding control bandages;
(c) Latex-free protective gloves;
(d) Permanent markers;
(e) Instructional documents developed by the United States Department of Homeland Security’s Stop the Bleed national awareness campaign or the American College of Surgeons Committee on Trauma, or both; and
(f) Other medical materials and equipment similar to those described in paragraphs (a) and (b) of this subdivision;
(2) “Department”, the department of elementary and secondary education;
(3) “Emergency medical services personnel”, paid or volunteer firefighters, law enforcement officers, first responders, emergency medical technicians, or other emergency service personnel acting within the ordinary course and scope of those professions, but excluding physicians;
(4) “School personnel”, any employee of a public school district or charter school, or any volunteer serving at a public school or charter school, who is designated to use a bleeding control kit under this section.
3. (1) Before January 1, 2023, the department shall develop a traumatic blood loss protocol for school personnel to follow in the event of an injury involving traumatic blood loss. The protocol shall meet the requirements of this section and shall be made available to each school district and charter school.
(2) The traumatic blood loss protocol shall:
(a) Require that a bleeding control kit be placed in each classroom of each school district’s school building and each charter school in an easily accessible location to be determined by local emergency medical services personnel;
(b) Include bleeding control kits in the emergency plans of each school district and charter school, including the presentation and use of the bleeding control kits in all drills and emergencies;
(c) Require each school district and charter school to designate at least five school personnel members in each school building who shall obtain appropriate training annually in the use of a bleeding control kit including, but not limited to:
a. The proper application of pressure to stop bleeding;
b. The proper application of dressings or bandages;
c. Additional pressure techniques to control bleeding; and
d. The correct application of tourniquets;
(d) Require each bleeding control kit in school inventories to be inspected annually to ensure that the materials, supplies, and equipment contained in the bleeding control kit have not expired and that any expired materials, supplies, and equipment are replaced as necessary; and
(e) Require a bleeding control kit to be restocked after each use and any materials, supplies, and equipment to be replaced as necessary to ensure that the bleeding control kit contains all necessary materials, supplies, and equipment.
4. (1) The department shall, in collaboration with the United States Department of Homeland Security and the state department of public safety, include requirements in the traumatic blood loss protocol for school personnel to receive annual training in the use of bleeding control kits.
(2) The training requirements may be satisfied by using any instruction available from the Missouri Hospital Association, the American College of Surgeons or a similar organization authorized by the United States Department of Homeland Security, or the emergency medicine department of a health-related institution of higher education or a hospital.
(3) The training requirements shall use nationally recognized, evidence-based guidelines for bleeding control and shall incorporate instruction on the psychomotor skills necessary to use a bleeding control kit in the event of an injury to another person including, but not limited to, instruction on proper chest seal placement.
(4) The training may be provided by local emergency medical services personnel, representatives of any organization or institution that developed or endorsed the training, other trained school personnel, or other similarly qualified individuals.
(5) Certification in bleeding control shall not be a required element of the training requirements. If the training provides for certification in bleeding control, the instructor shall be authorized to provide the instruction for the purpose of certification by any organization or institution that developed or endorsed the training.
(6) The training requirements may allow online instruction.
5. (1) A bleeding control kit may contain any additional items that:
(a) Are approved by emergency medical services personnel, as such term is defined in section 190.600;
(b) Can adequately treat an injury involving traumatic blood loss; and
(c) Can be stored in a readily available kit.
(2) Quantities of each item required to be in a bleeding control kit may be determined by each school district.
6. (1) The department and each school district and charter school shall maintain information regarding the traumatic blood loss protocol and the Stop the Bleed national awareness campaign on each entity’s website.
(2) Upon request by a school district or a charter school, the department may, in collaboration with the department of public safety, direct the school district or charter school to resources that are available to provide bleeding control kits to the school district or charter school.
7. (1) Except as otherwise provided in this subsection, each school district and charter school shall implement the traumatic blood loss protocol developed under this section before the end of the 2022-23 school year.
(2) The requirements that a bleeding control kit be placed in each classroom, that each kit be restocked as necessary, and that school personnel receive training under this section shall be subject to an appropriation to cover all costs related to such requirements by the general assembly.
(3) Any school district or charter school may receive donations of funds for the purchase of bleeding control kits that meet the requirements of this section and may receive donations of bleeding control kits that meet the requirements of this section.
8. Any school district or charter school that has a traumatic blood loss protocol prior to the effective date of this section shall be exempt from the requirements of this section.
9. This section shall not be construed to create a cause of action against a school district, a charter school, or any school personnel. Any school personnel who in good faith uses a bleeding control kit as provided by this section shall be immune from all civil liability for any act or omission in the use of a bleeding control kit unless the act or omission constitutes gross negligence or willful, wanton, or intentional misconduct.
Wouldn’t it be easier to just send a press release?
Tom Lehrer did write a song.
HB 1560
Designates September 28 as “National Good Neighbor Day” and the week of September 28 as “National Good Neighbor Week” in Missouri
Sponsor: Davidson, Bishop (130)
Proposed Effective Date: 8/28/2022
LR Number: 3844H.01I
Last Action: 12/01/2021 – Prefiled (H)
Bill String: HB 1560
Next House Hearing: Hearing not scheduled
Calendar: Bill currently not on a House calendar
INTRODUCED BY REPRESENTATIVE DAVIDSON.
3844H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To amend chapter 9, RSMo, by adding thereto one new section relating to national good neighbor week and day.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 9, RSMo, is amended by adding thereto one new section, to be known as section 9.344, to read as follows:
9.344. September twenty-eighth is hereby designated as “National Good Neighbor Day” and the week of September twenty-eighth is hereby designated as “National Good Neighbor Week” in Missouri. Citizens of this state are encouraged to participate in appropriate events and activities to establish connections with their neighbors. Research shows that knowing one’s neighbors reduces loneliness, crime, and isolation and leads to safer and more vibrant communities.
In a world where the right wingnut controlled Missouri General Assembly enables our neighbors remaining unvaccinated and unmasked during a pandemic, promotes them being armed to the teeth, and caters to a lunatic fringe need to interfere in women’s reproductive health care choices, yeah, no.
Apparently books with ‘things’ in them and any discussion thereof are really scary.
“…to ensure that the intellectual vitality of students and faculty is not infringed, the general assembly hereby enacts the following reform for history curricula used in schools and institutions of higher education in this state…”
Stack ’em and burn ’em. That’s next.
Bill prefiling for the Missouri General Assembly session started on December 1st.
Yet another bill, addressing a matter of great urgency for right wingnuts:
HB 1634
Prohibits the use of any curriculum implementing critical race theory in the public schools and institutions of higher education of the state.
Sponsor: Seitz, Brian (156)
Proposed Effective Date: 8/28/2022
LR Number: 3667H.01I
Last Action: 12/01/2021 – Prefiled (H)
Bill String: HB 1634
Next House Hearing: Hearing not scheduled
Calendar: Bill currently not on a House calendar
INTRODUCED BY REPRESENTATIVE SEITZ.
3667H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To amend chapter 170, RSMo, by adding thereto one new section relating to curricula
implementing critical race theory.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 170, RSMo, is amended by adding thereto one new section, to be known as section 170.353, to read as follows:
170.353. 1. In accordance with Article IX, Section 1(a) of the Missouri Constitution, which states that “A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people”, and to ensure that the intellectual vitality of students and faculty is not infringed, the general assembly hereby enacts the following reform for history curricula used in schools and institutions of higher education in this state.
2. As used in this section, “curriculum implementing critical race theory” includes, but is not limited to, any curriculum that:
(1) Identifies people or groups of people, entities, or institutions in the United States as inherently, immutably, or systemically sexist, racist, anti-LGBT, bigoted, biased, privileged, or oppressed; and
(2) Employs immutable, inherited, or typically continuing characteristics such as race, income, appearance, religion, ancestry, sexual orientation, or gender identity to:
(a) Perpetuate stereotypes; and
(b) Assign blame for societal problems or ills to categories of living persons based on any such stereotypes or characteristics; or
(3) Classifies persons into groups for the purpose of targeting only certain groups for education, formation, indoctrination, or viewpoint transformation, other than separation of students by biological sex where appropriate and conducive for state20 mandated sex education instruction.
3. For purposes of this section, curriculum implementing critical race theory includes, but is not limited to, the following:
(1) The 1619 Project initiative of the New York Times;
(2) The Learning for Justice Curriculum of the Southern Poverty Law Center;
(3) We Stories;
(4) Programs of:
(a) Educational Equity Consultants;
(b) BLM at School;
(c) Teaching for Change; or
(d) The Zinn Education Project; or
(5) Any other similar predecessor or successor curriculum.
4. No state department, school district, charter school, online instruction funded in any manner by the general assembly, or personnel or agent of such state department, school district, charter school, or online instruction shall teach, use, or provide for use by any pupil any curriculum, instructional material, or assignment designed to teach components of critical race theory as part of any curriculum, course syllabus, or instruction in any course or program of study.
5. (1) If the state board of education determines that a publicly funded local education agency or online program of instruction has violated this section, the board shall notify the entity of its violation.
(2) If such entity fails to comply with this section within thirty days of such notification, the state board of education shall direct the department of elementary and secondary education to withhold a maximum of ten percent of the monthly distribution of state formula funding to such entity. After the board determines that such entity is in compliance with this section, the department shall restore the distribution of the funding to its original amount before the percentage of the distribution was withheld.
6. (1) If the attorney general determines that a two-year or four-year institution of higher education that receives state moneys has violated this section, the attorney general shall notify the institution of its violation.
(2) If such institution fails to comply with this section within thirty days of such notification, the attorney general may direct the department of higher education and workforce development to withhold a maximum of ten percent of the distribution of state funding to such institution. After the attorney general determines that such institution is in compliance with this section, the attorney general shall notify the department to restore the distribution of state funding for the institution to its original amount before the reduction was made if any such funding was withheld.
7. This section shall not be construed to:
(1) Inhibit or violate the First Amendment rights of students or faculty;
(2) Undermine the duty of a public institution of higher education to protect intellectual freedom and free expression to the fullest degree; or
(3) Prevent a public institution of higher education from promoting racial, cultural, ethnic, intellectual, or academic diversity or inclusiveness, provided such efforts are consistent with the provisions of this section.
“…This section shall not be construed to…Inhibit or violate the First Amendment rights of students or faculty; Undermine the duty of a public institution of higher education to protect intellectual freedom and free expression to the fullest degree; or Prevent a public institution of higher education from promoting racial, cultural, ethnic, intellectual, or academic diversity or inclusiveness, provided such efforts are consistent with the provisions of this section…”
It does just that:
“…No state department, school district, charter school, online instruction funded in any manner by the general assembly, or personnel or agent of such state department, school district, charter school, or online instruction shall teach, use, or provide for use by any pupil any curriculum, instructional material, or assignment designed to teach components of critical race theory as part of any curriculum, course syllabus, or instruction in any course or program of study…”
What, we’re all stupid?
“…If such institution fails to comply with this section within thirty days of such notification, the attorney general may direct the department of higher education and workforce development to withhold a maximum of ten percent of the distribution of state funding to such institution…”
Must have left out the part about reeducation camps. That’ll get fixed with an amendment.
Bill prefiling for the Missouri General Assembly session started on December 1st.
Yet another host of bills, addressing a matter of great urgency for right wingnuts – the perpetuation of a deadly pandemic:
HB 1543Prohibits places of public accommodation from requiring vaccination against COVID-19 in order to access services
Sponsor: McGirl, Mike (118)
Proposed Effective Date: 8/28/2022
LR Number: 3267H.01I
Last Action: 12/01/2021 – Prefiled (H)
Bill String: HB 1543
Next House Hearing: Hearing not scheduled
Calendar: Bill currently not on a House calendar
INTRODUCED BY REPRESENTATIVE MCGIRL.
3267H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To amend chapter 191, RSMo, by adding thereto one new section relating to disclosure of
COVID-19 vaccination status.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 191, RSMo, is amended by adding thereto one new section, to be known as section 191.720, to read as follows:
191.720. 1. For purposes of this section, the following terms mean:
(1) “COVID-19 vaccination status”, an indication of whether a person has received a vaccination against COVID-19;
(2) “Place of public accommodation”, a business offering or holding out to the general public goods, services, privileges, facilities, advantages, or accommodations for the peace, comfort, health, welfare, and safety of the general public or such public places providing food, shelter, recreation, or amusement.
2. A place of public accommodation shall not require a customer, patron, client, or other individual who is an invitee onto the premises of the place of public accommodation to present documentation disclosing his or her COVID-19 vaccination status or make any statement disclosing his or her COVID-19 vaccination status in order to gain access to or receive a service from the place of public accommodation.
3. An individual who is denied access to or receipt of a service from a place of public accommodation in violation of this section may bring a civil action in circuit court against any person who violates the provisions of this section and obtain one or more of the following remedies:
(1) An injunction against any further violations;
(2) Appropriate affirmative relief;
(3) An order directing that the individual be allowed entrance into the place of public accommodation; and
(4) Any other relief necessary to ensure compliance with this section.
4. The court may award reasonable costs, including court costs and attorney’s fees, to the prevailing party in an action brought under this section.
“… A place of public accommodation shall not require a customer, patron, client, or other individual who is an invitee onto the premises of the place of public accommodation to present documentation disclosing his or her COVID-19 vaccination status or make any statement disclosing his or her COVID-19 vaccination status in order to gain access to or receive a service from the place of public accommodation….”
Enabling superspreader events in a pandemic. That’ll work, eh?
HB 1544
Prohibits employers from requiring their employees to receive a vaccination against COVID-19
Sponsor: McGirl, Mike (118)
Proposed Effective Date: 8/28/2022
LR Number: 3266H.01I
Last Action: 12/01/2021 – Prefiled (H)
Bill String: HB 1544
Next House Hearing: Hearing not scheduled
Calendar: Bill currently not on a House calendar
INTRODUCED BY REPRESENTATIVE MCGIRL.
3266H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To amend chapter 292, RSMo, by adding thereto one new section relating to COVID-19
vaccination.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 292, RSMo, is amended by adding thereto one new section, to be known as section 292.645, to read as follows:
292.645. 1. For purposes of this section, the following terms mean:
(1) “Employee”, any person performing work or service of any kind or character for an employer;
(2) “Employer”, any:
(a) Individual, sole proprietorship, partnership, limited liability company, corporation, or any other entity that is legally doing business in this state; or
(b) Department, agency, or instrumentality of the state or any political subdivision of the state;
(3) “Political subdivision”, any municipality, school district, special district, local governmental body, county, city, town, or village.
2. An employer shall not require an employee or prospective employee to undergo or prove receipt of a vaccination against COVID-19 as a condition ofemployment or continued employment.
3. An employee or prospective employee may bring a civil action in circuit court against an employer who violates the provisions of this section for such relief, including injunctive relief, as may be appropriate.
HB 1624
Creates provisions relating to COVID-19 tests and vaccinations
Sponsor: Schroer, Nick (107)
Proposed Effective Date: 8/28/2022
LR Number: 4220H.01I
Last Action: 12/01/2021 – Prefiled (H)
Bill String: HB 1624
Next House Hearing: Hearing not scheduled
Calendar: Bill currently not on a House calendar
INTRODUCED BY REPRESENTATIVE SCHROER.
4220H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To amend chapters 191 and 537, RSMo, by adding thereto two new sections relating to
COVID-19 vaccination.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 191 and 537, RSMo, are amended by adding thereto two new sections, to be known as sections 191.635 and 537.1415, to read as follows:
191.635. 1. For purposes of this section, the following terms mean:
(1) “Contractor”, any person contracted by an employer to perform work or service of any kind or character for the employer;
(2) “COVID-19 testing”, testing performed to detect infection with the severe acute respiratory syndrome coronavirus 2;
(3) “COVID-19 vaccination status”, an indication of whether a person has received a vaccination against COVID-19;
(4) “Employee”, any person performing work or service of any kind or character for an employer;
(5) “Employer”, any
(a) Individual, sole proprietorship, partnership, limited liability company, corporation, or any other entity that is legally doing business in this state; or
(b) Government entity;
(6) “Government entity”:
(a) Any agency or instrumentality of the state government; or
(b) Any political subdivision or agency or instrumentality thereof;
(7) “Political subdivision”, any municipality, school district, special district, local governmental body, county, city, town, or village.
2. An employer or government entity shall not require weekly COVID-19 testing for employees, contractors, or students who are not vaccinated against COVID-19 if the employer or government entity does not require employees, contractors, or students who are vaccinated against COVID-19 to undergo weekly COVID-19 testing.
3. (1) An employer or government entity may require all employees, contractors, or students to undergo periodic COVID-19 testing at any interval as long as the employer or government entity does not consider COVID-19 vaccination status to determine whether to grant any exemptions to the testing requirement or vary the interval of the testing.
(2) Any employer or government entity that requires COVID-19 testing as described in subdivision (1) of this subsection shall pay all costs for such testing.
537.1415. 1. For purposes of this section, the following terms mean:
(1) “Contractor”, any person contracted by an employer to perform work or service of any kind or character for the employer;
(2) “Employee”, any person performing work or service of any kind or character for an employer;
(3) “Employer”, any:
(a) Individual, sole proprietorship, partnership, limited liability company, corporation, or any other entity that is legally doing business in this state; or
(b) Government entity;
(4) “Government entity”:
(a) Any agency or instrumentality of the state government; or
(b) Any political subdivision or agency or instrumentality thereof;
(5) “Political subdivision”, any municipality, school district, special district, local governmental body, county, city, town, or village.
2. Any employer or government entity that requires its employees, contractors, or students to undergo or prove receipt of a vaccination against COVID-19 as a condition of employment for an employee, as a condition of the contract for a contractor, or as a condition of educational opportunities for a student shall be liable to such employees, contractors, or students for damages or physical, mental, or emotional injury arising from the required vaccination.
3. Notwithstanding any other provision of law, an action under this section may be commenced at any time.
HB 1670
Creates provisions relating to the COVID-19 vaccines
Sponsor: Seitz, Brian (156)
Proposed Effective Date: 8/28/2022
LR Number: 3647H.01I
Last Action: 12/01/2021 – Prefiled (H)
Bill String: HB 1670
Next House Hearing: Hearing not scheduled
Calendar: Bill currently not on a House calendar
INTRODUCED BY REPRESENTATIVE SEITZ.
3647H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To amend chapter 192, RSMo, by adding thereto one new section relating to COVID-19
vaccination.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 192, RSMo, is amended by adding thereto one new section, to be known as section 192.026, to read as follows:
192.026. 1. For purposes of this section, the following terms mean:
(1) “COVID-19 vaccination status”, an indication of whether a person has received a vaccination against COVID-19;
(2) “Government entity”:
(a) Any agency or instrumentality of the state government; or
(b) Any political subdivision or agency or instrumentality thereof;
(3) “Political subdivision”, any municipality, school district, special district, local governmental body, county, city, town, or village;
(4) “Vaccine passport”, any standardized documentation of vaccination against COVID-19.
2. No government entity shall issue vaccine passports for the purpose of certifying an individual’s COVID-19 vaccination status to a third party or to otherwise publish or share any individual’s COVID-19 vaccination record or similar health information.
3. No government entity shall do business with any entity that requires any of its employees or any other individuals to undergo vaccination against COVID-19 or prove receipt of a vaccination against COVID-19 through the submission of a vaccine passport.
4. If an entity with an existing written or implied contract, including any employment contract, with a government entity implements any new requirement for any of its employees or any other individuals to undergo vaccination against COVID-19 or prove receipt of a vaccination against COVID-19 through the submission of a vaccine passport, the entity shall be barred from doing any further business with any government entity, and any such existing contract with contrary terms shall be null and void as a matter of public policy.
“…vaccine passport…” Seriously? Grow up.
HB 1686
Creates provisions relating to the right to refuse the COVID-19 vaccine and medical treatment
Sponsor: Hardwick, Bill (122)
Proposed Effective Date: 8/28/2022
LR Number: 3452H.01I
Last Action: 12/01/2021 – Prefiled (H)
Bill String: HB 1686
Next House Hearing: Hearing not scheduled
Calendar: Bill currently not on a House calendar
INTRODUCED BY REPRESENTATIVE HARDWICK.
3452H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To amend chapters 191 and 292, RSMo, by adding thereto two new sections relating to
refusal of medical procedures or treatment.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 191 and 292, RSMo, are amended by adding thereto two new sections, to be known as sections 191.230 and 292.648, to read as follows:
191.230. 1. No public body as defined in section 290.210, political subdivision, public school district, public institution of higher education, state department or agency, public official, peace officer, or any person appointed by the governor acting in an official and public capacity under such appointment shall:
(1) Require any person to receive a COVID-19 vaccination; or
(2) Condition any action, benefit, consequence, service, employment, enrollment, or any other thing of value on whether a person has received a COVID-19 vaccination.
2. Any order issued by a body or official described in subsection 1 of this section that violates the provisions of this section shall be void and unenforceable.
292.648. 1. For purposes of this section, the following terms mean:
(1) “Employer”, the same meaning given to the term in section 213.010;
(2) “Medical treatment”, any drug, medicine, synthetic substance, or therapy, whether therapeutic or preventive, that is fully approved or granted an emergency use authorization by the United States Food and Drug Administration (FDA) or pending approval by the FDA or that would require approval from the FDA to be sold or prescribed to the general public.
2. An employee shall be exempt from an employer’s requirement to receive medical treatment as a condition of employment and shall not be subject to adverse action by the employer, including loss of pay or termination of employment, for declining to receive the medical treatment if:
(1) The employee claims a religious or conscientious objection to the required medical treatment in a written document submitted to the employer;
(2) The employee has received a recommendation from a licensed physician based on the employee’s unique and individual medical situation advising the employee not to receive the required medical treatment on the basis that the medical treatment is medically unnecessary, likely to be harmful to the employee, or is not in the best medical interest of the employee for other specified reasons; or
(3) An alternative to the required medical treatment is available that would be sufficient to ensure the reasonable safety of other employees and any customers with whom the employee interacts.
HB 1768
Prohibits discrimination in employment based on COVID-19 vaccination status
Sponsor: Lewis, Ed (006)
Proposed Effective Date: 8/28/2022
LR Number: 3736H.01I
Last Action: 12/01/2021 – Prefiled (H)
Bill String: HB 1768
Next House Hearing: Hearing not scheduled
Calendar: Bill currently not on a House calendar
INTRODUCED BY REPRESENTATIVE LEWIS (6).
3736H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To amend chapter 292, RSMo, by adding thereto one new section relating to COVID-19
vaccination status.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 292, RSMo, is amended by adding thereto one new section, to be known as section 292.649, to read as follows:
292.649. 1. For purposes of this section, the following terms mean:
(1) “COVID-19”, the disease caused by the severe acute respiratory syndrome coronavirus;
(2) “COVID-19 vaccination status”, an indication of whether a person has received a vaccination against COVID-19;
(3) “Employee”, any person performing work or service of any kind or character for an employer;
(4) “Employer”, any:
(a) Individual, sole proprietorship, partnership, limited liability company, corporation, or any other entity that is legally doing business in this state; or
(b) Department, agency, or instrumentality of the state or any political subdivision of the state;
(5) “Political subdivision”, any municipality, school district, special district, local governmental body, county, city, town, or village.
2. An employer shall not discriminate against an employee in compensation or in a term, condition, or privilege of employment based on the employee’s COVID-19 vaccination status.
If bad legislation was a cure we’d be okay. It isn’t and we aren’t.
