HCS/SCS/SB 887 - This act relates to political subdivisions, controlled substances, law enforcement agencies, taxes, tax credits, waste management, motor vehicles, and crimes.SECTION 21.870
This section creates the "Joint Committee on Missouri's Eco Friendly Solid Waste" to examine the state's future solid waste management needs and to ensure an affordable and environmentally conscious strategy for long-term waste management. The committee shall report to the general assembly by December 31, 2010.
This section is similar to HB 2372 (2010) and a provision of HCS/SS/SCS/SB 580 (2010).
SECTIONS 36.031, 43.040, 43.050, 43.392, 58.445, 301.716, 306.010, 306.161, 306.163, 306.165, 306.167, 306.168, 306.185, 306.227, 306.228, 306.2929, 306.230, 306.232, 542.261, 544.157, 577.090, and 650.005
Effective January 1, 2011, the act transfers all powers, duties and functions of the State Water Patrol to the newly created Division of Water Patrol within the State Highway Patrol. The superintendent of the Highway Patrol shall appoint a director of the Division of Water Patrol and may assign Highway Patrol members to serve in the division on a permanent or temporary basis. The act increases the number of captains, lieutenants, and officers that the superintendent of the Highway Patrol may appoint. The county sheriff shall participate in serving a search warrant requested by the Water Patrol Division, except for offenses related to boating while intoxicated or investigation of vessel accidents.
These provisions specify that an employee of the Water Patrol who is earning creditable service in the Closed Plan of the Missouri State Employees' Retirement System (MOSERS) and who is transferred to the Highway Patrol will not become a member of the Closed Plan of the Missouri Department of Transportation and Highway Patrol Employees' Retirement System (MPERS) unless he or she elects in writing within 90 days of January 1, 2011, to transfer membership. Any employee of the water patrol who is earning credited service in the Year 2000 Plan of MOSERS and who is transferred to the Highway Patrol will remain in the Year 2000 Plan unless he or she elects in writing and within 90 days of January 1, 2011, to transfer membership to the Year 2000 Plan of MPERS. In no event can an employee receive service credit for the same period of service under more than one retirement system.
These sections are similar to HB 2417 (2010) and certain provisions of SS/SB 1057 (2010) and CCS/SCS/HB 1868 (2010).
SECTION 44.045
Currently, subject to approval by the state emergency management agency during an emergency declared by the governor, any health care provider in this state or any state who agrees to be deployed may be deployed to provide care. Under this section, health care professionals, during an emergency declared by the governor or the general assembly, may be deployed.
SECTIONS 48.020
This section increases the assessed valuation a county must maintain in order to move into a higher classification with exceptions for certain counties of the second classification.
The assessed valuation for counties of the first classification is increased from $600 million to $900 million. The assessed valuation for counties of the second classification is increased from $450 million to $600 million. All counties with an assessed valuation of less than $600 million will be counties of the third classification. However, counties of the second classification, which on August 28, 2010 have had an assessed valuation of at least $600 million for at least one year may, by resolution, instead choose to be a county of the first classification. Also, any county of the second classification which, on August 28, 2010, has had an assessed valuation of at least $600 million for at least five years may, by resolution of the governing body of the county adopted prior to December 31, 2010, elect to remain a county of the second classification until the assessed valuation of the county after 2009 is such as to place it in another classification and it has maintained at the necessary valuation for the required period of time.
The required assessed valuation for each classification shall be increased annually by an amount equal to any percentage change in the annual average of the consumer price index for all urban consumers or zero, whichever is greater. The state tax commission shall calculate and publish this amount so that it is available to all counties.
This section is similar to SB 455 (2009), HB 2172 (2010), SS/SCS/HCS/HB 1290 (2010), HB 2312 (2010), HB 1562 (2010), HB 2466 (2010), HCS/SS/SCS/SB 580 (2010), HCS/SCS/SB 700 (2010), SS/SCS/HB 1806 (2010), and CCS/HCS/SS/SCS/SB 605 (2010).
SECTION 50.660
Under this section, a county is not required to obtain bids on purchases of $5,000 or less. Currently, such amount is set at $4,500.
This section is similar to provisions of SB 256 (2009), HB 376 (2009), HB 1589 (2010), SB 871 (2010), SS/SCS/HCS/HB 1290 (2010), and HCS/SS/SCS/SB 580 (2010).
SECTION 56.700
Under this section, the county counselor of Boone County shall receive $15,000 for duties relating to mental health and mental health facilities and an additional amount not to exceed $15,000 for investigative and clerical personnel assisting with such duties. The sums shall be paid out of the state treasury from funds appropriated for such purposes and received in the form of a reimbursement to county general revenue funds.
This section is identical to SB 828 (2010), HB 1590 (2010) and provisions of HCS/SS/SCS/SB 580 (2010).
SECTION 58.445
Jefferson County shall not adopt a charter provision or any ordinance that prohibits such county from contracting out the county's probation services with a private entity.
SECTION 67.309
This section allows any county to establish curfews for persons under the age of seventeen. Any minor who violates such curfew is guilty of a class C misdemeanor. If the minor's parent or guardian has knowledge of such violation, he or she is also guilty of a class C misdemeanor.
This section is similar to SB 831 (2010) and SS/SCS/HCS/HB 1290 (2010) and identical to a provision of HCS/SB 386 (2009), a provision of SS/SCS/SB 580 (2010).
SECTION 67.314
This section creates the "Political Subdivision Construction Bidding Standards Act". If a political subdivision is not covered by a specific federal, state, or local law and if the political subdivision has not adopted a local construction procurement policy, it shall comply with the advertising and bidding requirements outlined in this act when soliciting bids and awarding construction contracts of $10,000 or more.
Contract for construction shall be advertised in advance of the acceptance of bids. Bids shall be advertised for a minimum of two days in an area newspaper, with the last ad appearing at least 10 days in advance of the stated deadline for acceptance of bids. Ads and solicitations must include the project name, submission deadline, and the time, date, and location of where the bids shall be received and opened. If the contract is for over $250,000, bids shall also be advertised by providing information at least 15 days in advance of the opening of the bid to organizations used by contractors and suppliers.
Unless otherwise specified by law, a contract shall be awarded to the lowest qualified. However, the political subdivision may reject the low bidder based on the bidder's failure to provide a performance or payment bond, nonperformance on previous contracts, or other reasons specified as to the bidder's inability to adequately perform the contract.
Under no circumstances shall construction contracts for any political subdivision be awarded in violation of certain requirements, including opening bids in advance of the advertising deadline, accepting bids that are unwritten, accepting bids after the advertised deadline, and failing to hold bids confidential. A person submitting a bid, or who would have submitted a bid except for violations, may seek equitable relief and monetary damages for monetary losses.
Electronic bidding shall be allowed if it meets the standards of confidentiality. Nothing in this section shall require acceptance of a bid which exceeds the amount estimated by the political subdivision for the contract. Also, political subdivisions may award contracts without competitive bidding when there is an immediate public danger, to prevent loss to property, or to prevent or restore essential public services. Under such circumstances, the political subdivision must produce a written public record documenting the need to contract without competitive bidding.
This section is similar to provisions of SB 729 (2010), HB 2218 (2010), HCS/SS/SCS/SB 580 (2010), HCS/SB 716 (2010), and SS/SCS/HCS/HB 1290 (2010).
SECTION 67.1000
Under current law Jefferson City and various other cities and counties, are allowed to impose a tax, not to exceed five percent per room per night, on charges for sleeping rooms paid by guests of hotels and motels. This section increases the maximum levy for only Jefferson City from five percent to seven percent. Such increase will become effective only upon voter approval.
This section is identical to a provision of SCS/SB 644 (2010), HCS/SS/SCS/SB 580 (2010), SS/SCS/HB 1442 (2010), SS/SCS/HCS/HB 1290 (2010), and SCS/SB 915 (2010).
SECTION 67.1080
This section authorizes counties to seek voter approval for the extension of certain taxes which, by law, are set to terminate after a term of years and provides ballot language for the submission of such question to voters.
This section is similar to SB 827 (2010), HB 1594 (2010), and provisions of HCS/SS/SCS/SB 580 (2010).
SECTION 67.1360
This section authorizes the cities of Sugar Creek, Ashland, and Brentwood, and Montgomery County, upon voter approval, to impose a transient guest tax upon charges for all sleeping rooms paid by guests of hotels, motels, bed and breakfast inns and campgrounds for the purpose of promoting tourism. The tax must be at least two percent, but may not exceed five percent per occupied room per night.
This section is similar to SB 507 (2009), SS/SCS/HB 1442 (2010), HB 1557 (2010), HB 1724 (2010), SCS/SB 862 (2010), SCS/SB 915 (2010), and a provision of HCS/SS/SCS/SB 580 (2010) and SS/SCS/HCS/HB 1290 (2010).
SECTION 67.2000
This section allows real property owners in the Cameron School District located in Caldwell, Clinton, Daviess, and DeKalb counties to seek voter approval for the creation of exhibition center and recreational facility districts. If such a district is created, it may seek voter approval for the imposition of a one-quarter of one percent sales tax, for a period not to exceed twenty-five years, to fund the district.
This section is similar to certain provisions of SB 386 (2009), HB 1502 (2010), SCS/HCS/HB 2048 (2010), SS/SCS/HB 1442 (2010), SCS/SB 700 (2010), SS/SCS/HCS/HB 1290 (2010), and HCS/SS/SCS/SB 580 (2010).
SECTION 71.275
The governing body of a municipality may annex a parcel of land within a research, development, or office park, as defined in Section 172.273 that is compact and contiguous to the existing municipal boundaries if the municipality receives the written consent of all the property owners within the area.
This section is similar to HB 939 (2009), provisions of SS/SCS/HB 376 (2009) and HCS/SB 386 (2009), SB 354 (2009), HB 2312 (2010), HB 2466 (2010), and SS/SCS/HCS/HB 1290 (2010), and identical to SCS/SB 942 (2010), SS/HCS/HB 1806 (2010), and a provision of HCS/SS/SCS/SB 580 (2010).
SECTION 92.013
St. Louis City may include as a charge on bills issued for real estate taxes any charge for trash collection. Unpaid costs of trash collection shall be certified to the city collector. If the cost is not paid, the tax bill shall be considered delinquent and the collection of such bill shall be governed by the laws governing delinquent taxes. Such tax bill shall be deemed a personal debt against the owner and shall also be a lien on the property until paid.
This section is identical to a provision of HCS/SS/SCS/SB 580 (2010).
SECTIONS 92.715, 140.100, & 141.830
These sections increase the monthly interest rate charged from 1% to 2%, increases the maximum annual interest rate from 10% to 18%, and repeals the prime rate limitation on the interest rate for delinquent property taxes in the City of St. Louis.
These sections are identical to HB 2071 (2010) and certain provisions of HCS/SS/SCS/SB 580 (2010).
SECTION 94.271
This section authorizes the City of Grandview to levy a transient guest tax on charges for sleeping rooms paid by guests of hotels and motels for the purpose of promoting tourism. The proposed tax must be submitted to the voters and shall not be greater than five percent per occupied room per night.
This section is identical to certain provisions of SCS/SB 1089 (2008), SB 165 (2009), SS/SCS/HB 1442 (2010), HB 1567 (2010), SB 668 (2010), SS/SCS/HCS/HB 1290 (2010), and HCS/SS/SCS/SB 580 (2010).
SECTIONS 94.510, 94.550, and 94.577
Currently, under the general city sales tax law, cities may impose a sales tax, upon voter approval, at a rate of one-half of 1%, seven-eighths of 1%, or 1%; and the City of St. Louis may impose the tax at a rate not to exceed one and three-eighths percent, for the benefit of the city. These sections specify that the combined rate of sales taxes adopted under the city sales tax law cannot exceed 2%.
Currently, under the capital improvements city sales tax law, cities not in St. Louis County may impose a sales tax, upon voter approval, at a rate of one-eighth, one-fourth, three-eighths, or one-half of 1% for the purpose of funding, operating, and maintaining capital improvements. Municipalities in charter counties are authorized to impose a capital improvements tax under Section 94.890, RSMo. These sections specify that the combined rate of sales taxes adopted under the capital improvement city sales tax law cannot exceed 1%.
These changes are not to be construed as a new tax or an increase in the current levy of an existing tax for the purpose of the Hancock Amendment which requires voter approval. Cities that have already imposed and collected taxes under the city sales tax law can continue to do so without voter approval as a continuation of a tax previously approved by the voters of the city.
These section are simlar to certain provisions of HB 1442 (2010) and provisions of SS/SCS/SB 580 (2010).
SECTION 94.832
This section authorizes North Kansas City to levy a transient guest tax on charges for sleeping rooms paid by guests of hotels and motels for the purpose of promotion, operation, and development of tourism and convention facilities. The proposed tax must be submitted to the voters and shall not be greater than five percent per occupied room per night.
This section is similar to provisions of SCS/SB 863 (2010), SS/SCS/HB 1442 (2010), SCS/SB 862 (2010), SS/SCS/HCS/HB 1290 (2010), and HCS/SS/SCS/SB 580 (2010).
SECTIONS 135.950, 135.953, 135.957, 135.960, 135.963, 135.967, and 135.969
These sections authorize an annual tax credit for up to 10 years if approved by the Department of Economic Development to a taxpayer who establishes a new business facility in a certified industrial zone approved or designated as an enhanced enterprise zone. A taxpayer who receives this tax credit cannot also receive tax credits from enterprise zones, relocating a business to a distressed community, or Missouri Quality Jobs programs. To receive the tax credit, a taxpayer must employ at least two new individuals at the new business facility, have a total aggregate new business facility investment of at least $10 million, or invest at least $1 million during the taxable year in which the credit is claimed. The tax credit will be equal to 10% of the gross wages of each new employee at the facility and 5% of the investment made in the new business facility within an enhanced enterprise zone. The maximum annual amount of tax credits is $24 million.
These sections allow a taxpayer to receive the tax credit for an existing facility which expands if he or she invests at least $100,000 and hires at least two additional employees during the tax year in which the credits are claimed. The substitute explains the manner in which the taxpayer's investment in the original facility prior to expansion must be determined.
These sections require $10 million of the $24 million annually authorized for enhanced business enterprises to be issued for enterprises located in certified industrial zones. The credits must be claimed for the taxable year in which commencement of commercial operations occurs at the new business facility and for each of the following nine years in which the credit is issued. The credits are refundable and transferable but cannot be carried forward.
These sections require the department, prior to the issuance of any tax credits, to verify that the applicant does not owe any delinquent taxes, penalties, fees, assessments, or insurance taxes. Taxpayers who are delinquent between June 15 and July 1 will be given 30 days to satisfy the delinquency. Available credits will be applied to delinquencies and any remaining credits will be issued to the applicant.
These sections define "certified industrial zone" as an area of real property that encompasses at least 100 acres which has been approved by the department as a certified site; has been found by ordinance of the governing body to be blighted; and is located in a census tract which has a poverty rate at least 20% or for which the median income is less than 80% of the statewide median income or is less than 80% of the metropolitan median income for the metropolitan statistical area in which the zone is located, whichever is greater.
These sections specify that "enhanced business enterprise" includes a business enterprise located within a certified industrial zone that engages in data processing, hosting, and related services and Internet publishing, broadcasting, and web search portals as it relates to the tax credit.
These sections are similar to HB 2026 (2010), SB 999 (2010), HCS/SS/SCS/SB 580 (2010) and SS/SCS/SBs 895 et al (2010).
SECTIONS 137.115 & 144.055
Tools, telecommunications equipment, power production and transmission machinery and equipment, data processing machinery and equipment, and other equipment that can be used by a company located in certain enhanced enterprise zones under section 135.953 shall be assessed and valued for purposes of taxation at 1.5%.
Commercial vehicles licensed with a gross weight over 10,100 pounds or more that are powered only by battery generated electrical energy if produced before January 1, 2014, shall be assessed and valued for purposes of taxation at 17%.
SECTION 144.019
Sales for resale will not be subject to sales tax provided such subsequent sale is taxed in this or another state, for resale, or exempt from tax. Two exceptions to the general rule are created for charges for admission or seating accommodations at places of amusement, entertainment, or recreation, and for charges for rooms, meals, and drinks at places such as hotels, motels, taverns, inns, restaurants etc. In the case of the two exceptions, such places must remit tax on the gross receipts received and subsequent sales will not be subject to tax if they are an arms length transaction for fair market value with an unaffiliated entity.
This section contains an emergency clause.
This section is similar to a provision of SS/SCS/HB 1442 (2010) and HCS/HB 1684 (2010).
SECTION 144.030
The section creates a state and local sales and use tax exemption for sales of utilities by sports complex authorities at such authority's cost that are consumed in connection with the operation of a sports complex leased to a professional sports team.
All gratuities provided in conjunction with the receipt of property or services regardless of whether such property or service may be subject to tax is exempt from state and local sales and use taxes.
This section is similar to provisions of CCS/SS/SCS/HB 1442 (2010), HB 2380 (2010), HB 2342 (2010), HCS/SS/SCS/SB 580 (2010) and CCS/HCS/SS/SCS/SB 605 (2010).
SECTION 144.054
This act exempts all utilities, machinery, and equipment used or consumed directly in data storage from state and local sales and use tax. "Data storage" is defined to include data processing, hosting and related services, internet publishing and broadcasting and web search portals.
This section is similar to SB 823 (2010).
SECTIONS 190.015, 190.035, & 190.040
These sections allow ambulance districts organized after August 28, 2010, to impose, upon voter approval, a sales tax in lieu of a property tax to fund the district. Currently, ambulance districts can only levy a property tax.
These sections are similar to HB 1681 (2010).
SECTION 195.010
This section specifies forms of cannibis are included in the definition of marijuana.
SECTION 195.017
This section makes certain spice cannabinoids (commonly known as K2 or spice) and 5-MeO-DMT or 5-methoxy-N,N-dimethyltryptamine, its isomers, salts, and salts of isomers Schedule I controlled substances. Tapentadol and any material, compound, mixture, or preparation which contains any quantity of amyl nitrite or butyl nitrite are added as Schedule II controlled substances.
This act also adds the following substances to the list of Schedule III controlled substances: 1) Boldione; 2) Desoxymethyltestosterone, and 3) 19-nor-4,9(10)-androstadienedione. The substance Fospropofol is added to the list of Schedule IV. Lacosamide and Pregabalin are added to Schedule V.
This section contains an emergency clause.
This section is similar to HB 1472 (2010) and HB 2050 (2010).
SECTION 195.070
This section allows licensed physician assistants and advanced practice registered nurses located in another state to prescribe controlled substances as authorized by statute, as long as he or she does so in compliance with the applicable laws of the licensing state and United States and the prescription is dispensed to a patient who is a resident of another state.
SECTION 195.080
The supply limits placed on prescribed drugs (based on their scheduling) is not applicable if a prescription is written by a practitioner located in another state in accordance with U.S. and such state's laws and dispensed to a patient who is a resident of another state; or the prescription is dispensed directly to a member of the U.S. armed forces serving outside the U.S.
This section is similar to provisions of CCS/HCS/SCS/SB 754 (2010).
SECTION 195.100
This section removes the requirement for the name of the "collaborating physician" to be on a prescription if it is written by a nurse practitioner or physician assistant. The name of the nurse practitioner or physician assistant will remain on the prescription.
SECTION 204.300
Under current law, the board of trustees for a common sewer district located in Jackson and Cass counties consists of 8 members. These sections increase the membership to 10 by adding 2 additional city mayors on the board.
This section is similar to a provision of SB 792 (2010) and a provision of HCS/SS/SCS/SB 580 (2010), SB 791 (2010), SCS/HB 1612 (2010), HCS/SS/SCS/SB 580 (2010), SB 874 (2010), and HCS/SB 897 (2010).
SECTION 221.505
This section requires the chief law enforcement official responsible for a municipal detention facility or a county or regional jail or the chief administrator of a private jail to notify the Missouri Information Analysis Center (MIAC) as soon as possible but no later than five hours after an escape of a prisoner who has been convicted of a dangerous felony or who is being held on suspicion of committing a dangerous felony. The section specifies the requirements of the notification including the name, description, and photograph of the prisoner as well as other relevant facts.
This section is identical to HB 1979 (2010) and HCS/HB 1205 (2010).
SECTION 246.310
The provisions of Section 262.802, relating to abeyance of water and sewer assessments, shall not apply to any drainage district or levee district.
This section is identical to a provision of SCS/HCS/HB 1316 (2010), CCS/HCS/SB 795 (2010), SS/SCS/HCS/HB 1290 (2010), HCS/SB 893 (2010), and HCS/SS/SCS/SB 580 (2010).
SECTION 260.205
This section requires the Department of Natural Resources to establish minimum design, siting, operation, inspection, monitoring, financial assurance, and closure requirements by regulation for all material recovery facilities. The department may establish different requirements depending on the nature and content of the solid waste streams processed by the facility, the degree of automation to be used in the processing and recovery activities, the amount and type of nonrecyclable wastes remaining after resource recovery, and other factors as determined by the department. Until the material recovery facility regulations have become final and effective, the department is prohibited from issuing any permit to construct or operate a material recovery facility unless the facility processes only solid waste collected as part of a source-separated or single-stream residential, commercial, or industrial recycling program.
This section is similar to HB 2371 (2010) and provisions of HCS/SS/SCS/SB 580 (2010).
SECTION 260.247
This section requires any city or political subdivision that owns or operates a solid waste processing facility where the collection or processing of solid waste is currently being provided by a private entity to notify the entity by certified mail of its intent to own or operate a processing facility in the area.
No city or political subdivision may begin ownership or operation of a solid waste reprocessing facility where solid waste processing is currently handled by a private entity until at least five years from notifying the private entity of its intent to begin operation. If the city or political subdivision does not begin processing solid waste within six years of the notification, it must renotify the private entity and pay the private entity an amount at least equal to the sum the entity would have received for providing the services if the services were provided under a contract.
This section is similar to HB 2472 (2010) and provisions of HCS/SS/SCS/SB 580 (2010).
SECTIONS 303.025 & 303.080
Under this act, a nonresident shall not operate a motor vehicle in Missouri unless the nonresident maintains financial responsibility which conforms to the requirements of the laws of the nonresident's state of residence. A nonresident who fails to maintain financial responsibility is guilty of a Class C misdemeanor.
These provisions are similar to provisions of HCS/HB 1205 (2010), HCS/HB 1541 (2010), HB 1847 (2010), HB 1996 (2010), SS/SCS/HCS/HB 2111 (2010), HCS/SCS/SB 583 (2010), HCS/SB 716 (2010), SS/SCS/SB 761 (2010), HCS/SCS/SB 829 (2010), and SCS/SB 902 (2010).
SECTION 304.890, 304.892, & 304.894
A person will be guilty of the crime of endangerment of emergency personnel or emergency responder if, while in an active emergency zone as defined in the bill, the person: (1) Exceeds the posted speed limit by 15 miles per hour or more; (2) Commits a passing violation; (3) Fails to stop for an active emergency zone flagman or emergency personnel or fails to obey erected traffic control devices or personnel in the active emergency zone; (4) Drives through or around an active emergency zone by using any lane not clearly designated for that purpose; (5) Physically assaults, attempts to assault, or threatens to assault an emergency responder in an active emergency zone with a vehicle or other item; (6) Intentionally strikes, moves, or alters barrels, barriers, signs, or other devices erected to control the flow of traffic for any reason other than to avoid an obstacle or an emergency or to protect the health and safety of any person; or (7) Commits certain specific traffic offenses for which points may be assessed against a person's driver's license.
Any person who commits the crime of endangerment of an emergency personnel or emergency responder will be fined up to $1,000 and have four points assessed against his or her driver's license in addition to any other penalty authorized by law. If the offense results in the injury or death of an emergency responder or emergency personnel, the person will be guilty of aggravated endangerment of an emergency responder and subject to a fine of up to $5,000 for an injury and up to $10,000 for a death with 12 points assessed against the person's driver's license. The section also increases the amount of the fine assessed for certain traffic violations if the violation occurred in an active emergency zone.
This section is identical to HB 1693 (2010) and provisions of HCS/HB 1541 (2010).
SECTION 307.129
All vehicles operated by a passenger contract carrier that transports passengers for compensation, placed in service after February 28, 2011, shall be equipped with one or more operable oscillating amber light or white strobe light mounted on the roof in the rear one third portion or integrated into the rear bumper to warn motorists when the vehicle as stopped on or next to a roadway for loading and unloading passengers and equipment.
SECTION 334.747
This section specifies that the registration numbers that are required to be on prescriptions prescribed by physician assistants are those issued by the DEA. It also allows licensed physician assistants and advanced practice registered nurses located in another state to prescribe controlled substances as authorized by statute, as long as he or she does so in compliance with the applicable laws of the licensing state and United States and the prescription is dispensed to a patient who is a resident of another state.
SECTION 338.100
This section allows licensed pharmacies to keep their records as a book or electronic record keeping system; provided, however, original written and faxed prescriptions are physically maintained on file at the pharmacy as required by federal law; The electronic records shall be readily retrievable, maintain the original prescriptions and may be annotated to reflect changes in the prescriptions.
SECTIONS 473.739 & 473.742
These sections specify that the required continuing instruction for certain public administrators in counties of the first classification does not have to be "classroom" instruction.
Public administrators from a second, third, or fourth classification county or St. Louis City, who choose to receive an annual salary shall receive $2,000 of such salary only if he or she has completed at least 20 hours of instruction each year approved by a professional association of the county public administrators of Missouri. The professional association approving the program shall provide a certificate of completion for the training and send a list of certified public administrators to the treasurer of each county. Expenses incurred for attending the training session shall be reimbursed to the public administrator in the same manner as other expenses.
These sections are identical to SCS/SB 808 (2010) and certain provisions of SS/SCS/HCS/HB 1290 (2010) and HCS/SS/SCS/SB 580 (2010).
SECTION 537.620
Currently, three or more political subdivisions of the state may form a business entity for the purpose of providing liability and other insurance. Public and quasi-public governmental bodies also may join the entity. This section specifies that risk coverages procured by a member of the entity shall not be deemed to constitute a contract, purchase, or expenditure of public funds for which competitive bids must be solicited.
This section is identical to HB 2098 (2010) and HCS/SS/SCS/SB 580 (2010).
SECTION 566.135
This section requires the prosecuting or circuit attorney to file a motion for the court-ordered sexually transmitted disease testing of a defendant charged with certain sexual offenses upon the request of the victim with notice given to the defense attorney. A motion can also be filed upon the prosecuting or circuit attorney's own initiative and for good cause shown with the proper notice given. The testing must occur within 48 hours of when the defendant was charged. The results of the testing and any follow-up testing must be released to the victim, the victim's parent or guardian if he or she is a minor, the prosecuting or circuit attorney, and the defendant's attorney as soon as practicable. All costs of the testing are to be paid by the Department of Public Safety.
This section is identical to HB 2366 (2010).
SECTION 571.030
Under this act, it an unlawful use of a weapon if a person has a firearm readily capable of lethal use on his or her person, while he or she is intoxicated, and handles or otherwise uses such firearm in a negligent or unlawful manner or discharges such firearm. Currently, it is unlawful if a person simply possesses or discharges the firearm while intoxicated.
This section is similar to a provision of HCS/HB 1787 (2010) and HB 2128(2010).
SECTION 578.275
This section establishes Susie's Law which prohibits any child younger than 18 years of age from riding as a passenger on any machinery or heavy equipment not manufactured for passengers, excluding farm machinery as defined in Section 32.085. Any operator who violates the provisions of the section will be subject to a fine of $100 for the first violation and $500 for any subsequent violation.
This section is identical to HB 1532 (2010).
SECTION 650.350
This section adds one active member of the Missouri Deputy Sheriff's Association to the MoSMART board. The association will submit a list of five names of members to the Governor every two years. The Governor shall appoint one member from the list.
This act is similar to HB 1849 (2010) and HCS/HB 1541 (2010).
SUSAN HENDERSON MOORE