PUBLIC HEALTH ORDERS OF POLITICAL SUBDIVISIONS

This act prohibits any political subdivision from making any order during and pertaining to a state of emergency related to a contagious disease that governs the number of people gathering or residing on private residential property.

No quarantine order shall require that a person subject to quarantine isolate themself from members of the same physical household.

Finally, no public health order issued by any political subdivision, county health board, or state agency shall infringe on the parental rights of an individual, including decisions relating to the minor child's care and custody, upbringing, education, religious instruction, place of habitation, and physical and mental health care. Nothing in this provision shall be interpreted to limit the ability of such political subdivision or state agency to protect a child from child abuse or neglect. A positive test result for COVID-19 of a parent, guardian, or child shall not be the sole or determinative reason to remove a child from the care and custody of a parent or guardian.

This provision has an emergency clause.

These provisions are identical to provisions in SS#2/SCS/SBs 12, et al. (2021).

WARRANTS TO SEARCH FOR ABUSED ANIMALS (Sections 578.018 and 578.030)

This act provides that a public health official, law enforcement official, or highway patrol officer may seek a warrant to enter private property in order to inspect or confiscate neglected or abused animals as set forth in such warrant. All warrants shall be signed, witnessed, and accompanied by an affidavit stating the probable cause that a violation of law as occurred. All warrants shall be served in the presence of a law enforcement official.

Under this act, a person acting under the authority of a warrant shall appear at a disposition hearing within 10 days of confiscation of the animal and such animal shall be placed in the custody of a veterinarian, animal shelter, or other third party approved by the court. No animal shall be sterilized prior to the completion of such disposition hearing unless necessary to save such animal's life or relieve suffering.

If there is no finding of abuse by the court, the owner of any animal confiscated shall not be liable for the animal's care and keeping prior to the disposition hearing. If there is a finding of abuse at the disposition hearing and the court does not order the animal returned to the owner, the owner of the abused animal shall post reasonable bond within 72 hours of the disposition hearing in an amount sufficient to provide for the animal's care and keeping and consistent with the fair market cost of boarding such animal. The authority taking custody of the animal shall deliver such notice by delivering a copy of this act to the person residing on the property.

All animals confiscated under this act shall be cared for according to law. Any facility or organization shall be liable to the animal owner for damages for any negligent acts that occur while the animal is in its care. If the owner is acquitted of charges, such owner may demand the return of the animal and the owner shall not be liable for the costs during the pendency of the charges. Any person or entity that euthanizes or sterilizes an animal prior to a disposition hearing shall be guilty of a Class B misdemeanor and liable to the owner for damages. Any second or subsequent violation is a Class A misdemeanor and such entity shall be subject to licensure sanction.

VACCINE PASSPORTS (Section 1)

No entity in this state shall require documentation of an individual having received a vaccination against any disease in order for the individual to access transportation systems, including buses, air travel, rail travel, taxi or limousine services, or any other public transportation.

No state entity or political subdivision shall be authorized to issue a vaccine passport, vaccine pass, or other standardized documentation for the purpose of certifying an individual's COVID-19 vaccination status to a third party, or otherwise publish or share any individual's COVID-19 vaccination record.

This act provides that Missouri business entities are prohibited from requiring patrons, customers, or employees to provide any documentation certifying a COVID-19 vaccination to gain access to such business. All businesses must comply with this act to be eligible for grants or contracts with the state, but this act does not restrict businesses from instituting COVID-19 screening protocols to protect public health.

RELIGIOUS SERVICES DURING A STATE OF EMERGENCY (Section 2)

At all times, including during a declared state of emergency, religious services shall be considered essential services and no order of the state government shall treat any religious organization less favorably than any other similarly situated organization.

MARY GRACE BRUNTRAGER