HS/HCS/SB 72 - This act modifies various provisions dealing with governance of public and business entities, including:

Requires deposit into the State Document Preservation Fund of all fees collected by the Archives Division of the Secretary of State's Office. (Section 109.005)

Expands the method for electronic storage of business and public records to include computer-generated electronic or digital retrieval systems. (Sections 109.120 - 109.241)

Prohibits disclosure of nonpublic personal health information without prior written consent. Violators are subject to civil action and damages and an administrative penalty of not more than $500 per violation. Compliance with the Federal Privacy Rules is deemed compliance with this act. The Director of Insurance shall enforce this act against its licensees. Establishes the Commission on Health Information Privacy to study the issue of privacy of nonpublic personal health information and report to the General Assembly by 1/1/2003. (Section 191.940)

Allows a public hospital to close its records and meetings under certain circumstances. (Sections 197.150 - 197.160)

Clarifies that the University of Missouri is included in the definition of "public governmental bodies" for purposes of open meetings and records laws. Clarifies that open roll call votes of public governmental bodies need not be taken on procedural or ministerial matters, but that all votes taken in closed meetings shall be by roll call vote. Allows parental inspection of records of a student over age 18 if the student is financially dependent upon his/her parents for tax purposes. (Sections 610.010 - 610.021) Increases (from $500 to $2,500) the civil penalty for a knowing violation of the Sunshine Law. (Section 610.027)

HSA 1 for HA 1- CLARIFIES WHAT IS MEANT BY "FEDERAL PRIVACY RULES" FOR PURPOSES OF COMPLIANCE WITH SECTION 191.940.

HA 2, PART 1 - MAKES SEVERAL CHANGES TO THE LAWS GOVERNING LOBBYISTS, THE MISSOURI ETHICS COMMISSION, AND CAMPAIGN FINANCE DISCLOSURE. THIS ACT DELETES PRINTING AND PUBLICATION EXPENSES, MEDIA AND OTHER ADVERTISING EXPENSES, AND HONORARIA FROM THE MANDATORY CATEGORIES IN LOBBYISTS' MONTHLY EXPENSE REPORTS. THE REMAINING CATEGORIES ARE TRAVEL, ENTERTAINMENT, MEALS, FOOD, BEVERAGES AND GIFTS. LOBBYISTS ARE NOT REQUIRED TO REPORT EXPENDITURES MADE ON PUBLIC OFFICIALS, THEIR STAFF OR FAMILY, WHEN SUCH EXPENDITURES ARE COMPENSATION OR BENEFITS FOR EMPLOYMENT THAT IS IN ADDITION TO THE PUBLIC OFFICE. UPDATES THE PROVISIONS REGARDING THE ELECTRONIC REPORTING SYSTEM WHICH SHALL BE USED FOR FILING LOBBYIST REPORTS. ON THE VOTE OF AT LEAST 4 MEMBERS, THE MISSOURI ETHICS COMMISSION HAS THE DISCRETION TO SETTLE A COMPLAINT CASE BY IMPOSING A FEE OF NOT MORE THAN $1,000, AND A HEARING IS NOT MANDATORY. UNDER CURRENT LAW, THE COMMISSION IS REQUIRED TO HOLD A HEARING. (Sections 105.473 - 105.961) RAISES (from $250 to $275) THE ALLOWABLE CAMPAIGN CONTRIBUTION FROM A SINGLE CONTRIBUTOR FOR CANDIDATES NOT FILING A STATEMENT OF ORGANIZATION OR DISCLOSURE REPORTS OF CONTRIBUTIONS AND EXPENSES. MODIFIES THE DEADLINE FOR FILING A STATEMENT OF COMMITTEE ORGANIZATION TO 30 DAYS PRIOR TO THE ELECTION FOR WHICH THE COMMITTEE ACCEPTS CONTRIBUTIONS OR MAKES EXPENDITURES. CURRENTLY, THE DEADLINE IS THE DATE FOR FILING THE FIRST REPORT PURSUANT TO THE PROVISIONS OF SECTION 130.046, RSMo. (Sections 130.011 - 130.041) REQUIRES CONTINUING COMMITTEES TO FILE ADDITIONAL CAMPAIGN DISCLOSURE REPORTS NO LATER THAN THE EIGHTH (CURRENTLY "SEVENTH") DAY BEFORE AN ELECTION FOR THE PERIOD CLOSING ON THE TWELFTH DAY BEFORE AN ELECTION. (Section 130.046) REQUIRES CERTAIN INFORMATION TO BE INCLUDED IN OUT-OF- STATE COMMITTEE REPORTS. (Section 130.049) REQUIRES FEES COLLECTED FOR LATE CAMPAIGN DISCLOSURE REPORTS TO BE DEPOSITED TO THE CREDIT OF THE COUNTY SCHOOL FUND PURSUANT TO SECTION 166.131. (Section 130.056) REQUIRES ALL PERSONS SEEKING A PARTY'S NOMINATION TO COMPLY WITH THE CAMPAIGN LAWS. (Section 130.062) REQUIRES REPORTING WITHIN 48 HOURS OF A "LATE CONTRIBUTION OR LOAN" EXCEEDING $275. (Section 130.063)

HA 4 - TECHNICAL CLARIFYING AMENDMENT REGARDING DESCRIPTION OF THE UNIVERSITY OF MISSOURI.

HSA 1 for HA 5 - ALLOWS LAW ENFORCEMENT AGENCIES TO RETAIN VIDEO TAPES RECORDED BY THEM FOR ONE YEAR, AND TO THEREAFTER DESTROY SAME.

HA 6 - PROHIBITS INSTITUTIONS OF HIGHER EDUCATION FROM DISCLOSING A STUDENT'S EDUCATION RECORDS TO PARENTS OR GUARDIANS, UNLESS THE STUDENT IS FINANCIALLY DEPENDENT OR HAS SIGNED A CONSENT.

HA 7 - ALLOWS THE DISCLOSURE OF NONPUBLIC PERSONAL HEALTH INFORMATION TO PERSONS WHO HAVE AN OBLIGATION TO PROVIDE OR ARRANGE FOR MEDICAL CARE TO THE INDIVIDUAL, INCLUDING DISCLOSURE TO A PARENT OR GUARDIAN.

HA 8 - REQUIRES STATEMENTS, DOCUMENTS AND NOTICES REQUIRED TO BE FILED WITH THE SECRETARY OF STATE, TO BE FILED IN THE FORMAT PRESCRIBED BY THE SECRETARY OF STATE.

HA 9 - MODIFIES THE DEFINITION OF "PUBLIC VOTE" TO REQUIRE A ROLL CALL VOTE ONLY WHEN THE VOTE IS NOT UNANIMOUS.

HA 10 - ADDS BI-STATE DEVELOPMENT AGENCIES TO THE DEFINITION OF "PUBLIC GOVERNMENTAL BODIES" FOR PURPOSES OF THE SUNSHINE LAWS.

HA 11 - ALLOWS THE SECRETARY OF STATE TO ADOPT RULES TO AUTHORIZE FAX FILING OF DOCUMENTS.

HA 12 - ADDS RECORDS RELATING TO INDIVIDUALLY IDENTIFIABLE RESIDENTIAL UTILITY CUSTOMERS TO THE LIST OF PUBLIC RECORDS WHICH A PUBLIC GOVERNMENTAL BODY IS ALLOWED TO CLOSE.

HA 13 - ESTABLISHES THE "MISSOURI HEALTH FACILITIES REVIEW LAW" AND STATES THE PURPOSE OF THE OFFICE OF HEALTH FACILITIES REVIEW. REVISED DEFINITIONS ARE PROVIDED. (Sections 197.370 - 197.374). THE MISSOURI HEALTH FACILITIES REVIEW COMMITTEE IS ESTABLISHED, CONSISTING OF SEVEN MEMBERS AND THE DIRECTOR OF THE DIVISION OF HEALTH STANDARDS AND LICENSURE AND THE DIVISION OF AGING. THE COMMITTEE MUST MEET AT LEAST TWICE PER YEAR. EXISTING MEMBERS WILL COMPLETE THEIR TERMS. (Section 197.376). THE DUTIES OF THE COMMITTEE ARE PROVIDED, INCLUDING THE REVIEW AND APPROVAL OR DISAPPROVAL OF ALL APPLICATIONS FOR REVIEW CERTIFICATION. (Section 197.378). THE PROCEDURES FOR APPLICATION SUBMISSION ARE OUTLINED. A LETTER OF INTENT SHALL BE SUBMITTED 30 DAYS BEFORE FILING AN APPLICATION AND A FEE MUST ACCOMPANY THE APPLICATION. APPLICANTS HAVE THE RIGHT TO APPEAL THE COMMITTEE'S DECISION. (Section 197.380 - 197.382). ANY PERSON PROPOSING A NEW INSTITUTIONAL HEALTH SERVICE, FIRST-TIME SERVICE, THE ADDITION OF NEWLY LICENSED BEDS, OR RENOVATIONS OVER A CERTAIN AMOUNT MUST OBTAIN A NON-TRANSFERABLE REVIEW CERTIFICATION. CERTIFICATION WILL ALSO BE GRANTED TO THOSE DEMONSTRATING A NEED FOR A COMPETITIVE ALTERNATIVE IN CONCENTRATED MARKETS. IF COSTS EXCEED 10% OF THE APPROVED AMOUNT, THE COMMITTEE MUST CONSENT TO THE INCREASE. APPLICANTS MUST SUBMIT PERIODIC REPORTS AND THE COMMITTEE MAY REVOKE CERTIFICATION IN CERTAIN SITUATIONS. A REVIEW CERTIFICATION MAY BE FORFEITED FOR FAILURE TO SPEND 20% OF THE TOTAL APPROVED COST WITHIN 12 MONTHS. STATE AGENCIES MAY NOT LICENSE, CERTIFY, OR PROVIDE FUNDS WITHOUT A PERSON OR FACILITY FIRST OBTAINING REVIEW CERTIFICATION, IF REQUIRED TO DO SO. (Section 197.384). AN APPLICATION FOR REVIEW CERTIFICATION WILL NOT BE REQUIRED FOR PREVIOUSLY CERTIFIED FACILITIES WHICH ARE RUN BY THE STATE, FACILITIES OPERATED FOR THE PURPOSE OF TREATING AIDS PATIENTS, AND OTHER NONREVIEWABLE PROJECTS. (Section 197.386). REVIEW CERTIFICATION WILL NOT BE ISSUED UNTIL JANUARY 1, 2003, FOR ADDITIONAL ICF, RCF I or II, or SNF BEDS UNLESS THEY ARE EXEMPT FROM REVIEW CERTIFICATION REQUIREMENTS, OR FOR HOSPITAL BEDS WHICH ARE REALLOCATED TO NURSING CARE BEDS. (Section 197.388). THE DEPARTMENT OF HEALTH MUST DETERMINE EXISTING NEED FOR ADDITIONAL BEDS BY COUNTY. OCCUPANCY WITHIN A COUNTY MUST EXCEED 90% FOR AT LEAST 4 CONSECUTIVE QUARTERS AND THE DEPARTMENT MAY MAKE OTHER CONSIDERATIONS, AS WELL. (Section 197.390). ANY PERSON PAID TO SUPPORT OR OPPOSE A PROJECT MUST REGISTER WITH THE COMMITTEE. PERSONS REGULATED BY CHAPTERS 197 or 198 ARE PROHIBITED FROM SOLICITING COMMITTEE MEMBERS WHILE AN APPLICATION IS PENDING. (Section 197.394). REIMBURSEMENT FOR NEW INSTITUTIONAL HEALTH SERVICE PROJECT COSTS OVER 10% OF THE INITIAL ESTIMATE WILL NOT BE PAID FOR THE FIRST 3 YEARS THAT A FACILITY RECEIVES PAYMENT FOR SERVICES THROUGH MEDICAID. A REVIEW CERTIFICATION MUST BE GRANTED BEFORE PAYMENT FOR EXCESS PROJECT COSTS WILL BE MADE. THE COMMITTEE MUST SUBMIT AN ANNUAL REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY REGARDING APPROVED, DISAPPROVED, OR PENDING PROJECTS. THE COMMITTEE IS GIVEN RULE AUTHORITY TO ENFORCE THESE SECTIONS. (Section 197.396 - 197.398). See SCS/HB 949.

HA 14 - ADDS SEVERAL SPECIFIC COLLEGES AND UNIVERSITIES (e.g. CMSU, NWMSU) TO THE DEFINITION OF "PUBLIC GOVERNMENTAL BODIES" FOR PURPOSES OF THE SUNSHINE LAWS.

HA 15 - SUNSETS THE ADDITIONAL FEES FOR THE SECRETARY OF STATE'S TECHNOLOGY TRUST FUND ACCOUNT ON 12/31/2009.

HA 17 - INCREASES (FROM 10 DAYS TO 15 DAYS) THE TIME WITHIN WHICH A PERSON WHO PERFORMS A MARRIAGE MAY RETURN THE CERTIFIED LICENSE TO THE OFFICIAL WHO ISSUED THE LICENSE. REMOVES THE REQUIREMENT OF A SOCIAL SECURITY NUMBER ON MARRIAGE LICENSES FOR THOSE WHO ATTEST THAT THEY DO NOT HAVE A SOCIAL SECURITY NUMBER.
ALAN KELLY