- House Committee Substitute -

HCS/SCS/SB 712 - This act modifies provisions relating to terrorism.

A new section creates the Joint Committee on Terrorism, Bioterrorism and Homeland Security to be composed of seven members of the House and seven members of the Senate. Appointments will continue during the member's term of office. No party may be represented by more than four members from either chamber. The Committee must analyze current efforts, devise a standard reporting system, determine changes needed, and make other recommendations. The Committee must meet within thirty days after its creation and must meet at least quarterly thereafter. A report is due by January 15th of each year. This portion of the act will expire December 31, 2007 and is identical to SB 983 (Section 38.050). Definitions are provided for "bioterrorism" and related terms (Section 44.010).

Current law authorizes the State Emergency Management Agency (SEMA) to activate in the event of an earthquake or other natural disaster. This act allows SEMA to activate volunteers in the event of any disaster (Section 44.023).

Current law outlines the emergency powers of the Governor. This act adds that such powers are allowed when there is a major natural or man-made disaster, an act of biological terrorism, or there exists an imminent threat of a disaster (Section 44.100).

Currently, the law allows a twelve-month temporary license for a health care practitioner licensed in another state who is acting under military orders and is enrolled in a trauma and disaster response training in this state. This act adds a second category to also allow temporary licensure of a health care practitioner licensed in another state and acting pursuant to a Governor's declaration of a state public health emergency. Temporary licensure for this category will be issued for a two-week period and, after verification of qualifications, may be reissued every two weeks. Licensure information for all three categories may be obtained by any means, including electronic mail. The term "health care professional" means as defined in Section 383.130, which includes physicians, dentists, podiatrists, pharmacists, psychologists, or nurses. This portion of the bill is identical to SB 714 (Section 190.500).

A new section requires pharmacists to report unusual or increased prescription trends within 24 hours. The Department can not disclose any personally identifiable information. Any such information maintained on electronic media must be protected against disclosure to unauthorized persons. The Department will define this procedure by rule (Section 192.021). A new section allows the Department to waive the registration and record keeping requirements regarding narcotic drugs (Section 195.041).

A new section defines "hazardous materials" and prohibits the transportation of such materials in, through, or within 300 feet of any highway tunnel in the state. Violators will be guilty of a Class B misdemeanor for first offenses and a Class A misdemeanor for subsequent offenses (Section 304.370).

Currently, the Missouri State Water Patrol can uniformly mark state waters. This act authorizes the Patrol, with the consent of the Director of Public Safety, to close waters due to any actual or imminent man-made or natural disaster (Section 306.124).

Currently, commercial motor vehicle operators who are transporting hazardous materials must follow hazardous materials regulations. This act imposes a Class A misdemeanor on violators (Section 307.177).

Current law allows the Attorney General to bring an action for the violation of merchandising practices law. This act allows the AG to bring an action if charitable organizations violate such practices (Section 407.472).

New sections prohibit price gouging during consumer market disruptions. This act also establishes the practice of unfair leverage when selling essential consumer merchandise during a consumer market disruption. Certain information may be offered as evidence of unfair leverage (Sections 407.760 and 407.762).

Current law allows probate to begin in certain circumstances. New language adds an individual's exposure to a specific peril of death due to a terrorist event to the list of circumstances (Section 473.697). The law currently allows a presumption of death after five years and without proof otherwise. New language provides that it will be sufficient to presume a person dead at any time after that person was exposed to a specific peril of death, even if five years have not yet elapsed (Section 490.620).

A new section creates the crime of water contamination when a person knowingly introduces any dangerous agent or substance into any waters or water supply with the purpose of causing death or serious injury. Violation of this section is a Class B felony (Section 569.072). This act adds the theft of ammonium nitrate to the definition of the crime of stealing (Section 570.030).

Current law prohibits the possession, manufacture, transport, repair, or sale of certain weapons. This act adds to the weapons list an explosive, incendiary, or poison substance or material (Section 571.020). This act expands the crime of making a terrorist threat to include the communication of a threat to cause an incident involving danger to life or a false belief or fear that an incident has occurred. A new intent provision is also added for when a threat is made with criminal negligence with regard to the risk of causing the evacuation, quarantine, or closure of a building or other facility (Section 574.115).

A new section creates the crime of "supporting terrorism" if a person supports any organization designated as a foreign terrorist organization. Violation is a Class C felony (Section 576.080). This act changes the crime of "spreading disease to livestock or animals" to "agroterrorism" and includes crops and poultry along with livestock (Section 578.008).

This act adds an exemption to the Sunshine Law, allowing closure of meetings and records regarding specific information on certain terrorism readiness issues. However, certain information regarding municipal utilities and information regarding costs of security measures shall not be considered closed. Subdivision (19), regarding security measures, is modified to require a statement in writing against disclosure. The provisions of subdivision (19) will sunset on December 31, 2006. A new subdivision (20) is added to allow the closure of certain records identifying the configuration or operation of computer or telecommunications systems. A new subdivision (21) is also added to allow the closure of certain electronic transactions between a public governmental body and its business counterparts (Section 610.021).

ERIN MOTLEY