HB 1647 Modifies provisions relating to public safety
Sponsor: Kehoe
LR Number: 5603S.03T Fiscal Note available
Committee: Commerce, Consumer Protection, Energy and the Environment
Last Action: 7/10/2012 - Signed by Governor Journal Page:
Title: SS HCS HB 1647 Calendar Position:
Effective Date: Varies
House Handler: Riddle

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Current Bill Summary


SS/HCS/HB 1647 - The act modifies provisions relating to public safety.

SECTION 190.335 - EMERGENCY SERVICES

The act requires the Taney County Commission, upon voter approval of a county sales tax for central dispatching of emergency services, to appoint a seven-member board to administer the funds and oversee the provision of emergency services.

The act also requires that at least one member of the seven-member board represent each of the types of people delineated in the statute.

This provision is identical to on contained in HB 1114 (2012) and the perfected version of SS/SB 781 (2012).

SECTION 259.010 TO 259.070 - STATE OIL & GAS COUNCIL

The act modifies the composition of the State Oil and Gas Council by adding a representative of the Missouri Independent Oil and Gas Association, specifying that the University representative be from the Missouri University of Science & Technology's Petroleum Engineering program, and adding a second public member who must reside in a 3rd or 4th class county. The act also requires the Council to biennially review the state laws and regulations on oil and gas drilling and make any recommendations for changes. The Council may form an advisory committee to help it conduct the annual law review and make recommendations on program funding.

SECTION 260.373 - HAZARDOUS WASTE

The act allows the Missouri Hazardous Waste Commission to promulgate rules that exceed the federal Resource Conservation and Recovery Act (RCRA) only under certain conditions, otherwise the Commission is prohibited from promulgating any state regulation that either exceeds certain requirements under RCRA or that implements a requirement before RCRA requires implementation.

By December 31, 2013, the Department of Natural Resources must identify any of its rules that are inconsistent with the act and must thereafter amend any such rule. After December 31, 2015, any inconsistent rule becomes unenforceable.

The Department may not selectively exclude any or part of any state hazardous waste regulation in certain authorization applications to the U.S. Environmental Protection Agency.

SECTION 260.392 - TRANSPORTING RADIOACTIVE WASTE

This act modifies the method by which fees for transporting radioactive waste by truck are assessed. Under current law, a fee of $1,800 is charged for each cask transported through or within the state by truck of high-level radioactive waste, transuranic radioactive waste, spent nuclear fuel or highway route controlled quantity shipments. In addition, all such cask shipments are subject to a surcharge of $25 per mile for every mile over 200 miles traveled within the state. Under this act, the fees are assessed on a per-truck basis rather than a per-cask basis.

This provision is similar to a provision in SCS/HCS/HB 1402 (2012).

SECTION 292.606 - MISSOURI EMERGENCY RESPONSE COMMISSION

Currently, fees that certain employers and business that store, use, produce, or transport petroleum and other hazardous materials pay to the Missouri Emergency Response Commission are set to sunset on August 28, 2012. This act extends that sunset to August 28, 2018.

Employers required to report hazardous substances, known as Tier II filers, may request the Commission to distribute the report to the local emergency planning committees and fire departments by paying a $10 fee for each facility listed which shall not be applied to the employer's fee cap.

This section is identical to a section in SB 868 (2012).

SECTION 292.655 - MEDICAL NEEDLES

The act allows employers that routinely use medical needles to use safety protection devices to protect employees and customers from needlestick injuries.

This provision is identical to one contained in HCS/HB 1837 (2012).

SECTIONS 301.010 & 304.033 - RECREATIONAL OFF-HIGHWAY VEHICLES

This act modifies the definition of recreational off-highway vehicle (OHV) by increasing the width and weight limit of the vehicle. The width is increased from 60 inches to 64 inches and the unladen dry weight of the OHV is increased from 1,850 pounds to 2,000 pounds.

Under the act, recreational OHVs shall not be operated on highways except for:

• Governmental owned and operated recreational OHVs for official use;

• Recreational OHVs operated for agricultural purposes or industrial on-premise purposes;

• Recreational OHVs operated within three miles of the operator's primary residence but only for the purpose of accessing property owned or leased by the operator. This exception shall not apply in cities unless such cities authorize the operation by permit;

• Recreational OHVs operated occasionally by handicapped persons for short distances only on the state secondary roads;

• Governing bodies of cities may issue special permits to licensed drivers for special uses of recreational OHVs on highways within the city limits. Fees of $15 may be collected and retained by cities for such permits;

• Governing bodies of counties may issue special permits to licensed drivers for special uses of recreational OHVs on county roads within the county. Fees of $15 may be collected and retained by the counties for such permits.

No person shall operate a recreational OHV within any stream or river except by an operator who owns the property or has permission to be on the property on which the waterway flows through or when fording a low-water crossing.

A person operating a recreational OHV on a highway shall have a valid operator's or chauffeur's license.

Under the terms of the act, an individual shall not operate a recreational OHV upon on a highway in this state: without displaying a lighted headlamp and tail lamp; without wearing a seatbelt; and any recreational OHV must have a roll bar or roll cage.

These provisions are also contained in SCS/HCS/HB 1640 (2012).

SECTIONS 320.106 TO 320.136 - FIREWORKS

This act updates references to fireworks classifications in the Code of Federal Regulations and removes references to American Pyrotechnics Association standards. These sections contain an emergency clause.

These sections are identical to those in SCS/SB 835 (2012).

SECTIONS 321.228 & 321.460 - FIRE PROTECTION DISTRICTS

This act prohibits a fire protection district from enforcing any regulations dealing with new residential construction if the city, town, village, or county in which the construction is located has already adopted regulations for such construction.

Fire protection districts, do, however, have final regulatory authority over the location and specifications of fire hydrants and fire lanes and may inspect certain dwellings. However, this authority shall not be construed to require political subdivisions supplying water to incur any costs to modify its water supply infrastructure. Fire protection districts may not collect a fee for such services.

Under current law, two or more fire protection districts who have at least one common boundary may consolidate. This act also allows two or more fire protection districts that are located in the same county, in whole or part, to consolidate.

SECTIONS 414.530 TO 414.570 - MISSOURI PROPANE EDUCATION & RESEARCH COUNCIL

Under current law, there are 3 ways for the director of the Missouri Energy Center to initiate a referendum on the abolishment of the Missouri Propane Education and Research Council and the fee for odorized propane. This act removes one of these 3 ways, which is at the discretion of the director.

Current law allows vacancies on the council to be filled by the remaining members of the council, subject to the approval of the director. This act removes the requirement that the director must approve the appointment, requires the council to fill vacancies after a public nomination process, and allows the director to reject any appointment.

Current law requires the council to submit a budget plan to the director at the beginning of each fiscal period and requires the director to either approve or recommend changes to the budget after a public comment period. The act instead requires the budget plan be submitted for public comment at least 30 days prior to the beginning of each fiscal period, authorizes the council to approve or modify the budget after the public comment period, and allows the director to reject the council's budget or modifications.

The act removes the authority of the director to require additional reports from the council at his or her discretion beyond what is already required under current law.

Authority to establish an alternative means to collect the odorized propane fee and set late payment charges is currently given to the director. This act transfers this authority to the council. The interest rate charged for late payments may not exceed the legal rate for judgments.

The act removes provisions that allow the National Propane Education and Research Council to coordinate its operations with Missouri's council and that authorize Missouri's council to keep funds resulting from a federal rebate on propane fees.

These sections are identical to those in SB 297 (2009) and HB 751 (2009).

SECTIONS 488.650, 561.026 and 610.140 - EXPUNGEMENT

Any person found guilty of a felony or misdemeanor offense of passing of a bad check, fraudulent stopping payment of an instrument, fraudulent use of a credit device, any misdemeanor offense of negligent burning or exploding under section 569.065, negligently setting fire under Section 569.067, second degree tampering under section 569.090, second degree property damage under subdivision (1) of subsection 1 of Section 569.120, first degree trespass under section 569.140, trespass under section 569.145, gambling under Section 572.020, private peace disturbance under section 574.020, drunkenness or intoxication under Section 574.075, or any Class B or C misdemeanor offense of peace disturbance under Section 574.010 may file a petition with the court in which the offense was adjudicated to have records related to the offense expunged.

The petitioner must demonstrate the following criteria to have a record expunged:

• Twenty years in the case of a felony, and ten years in the case of a misdemeanor or infraction, have elapsed since the person has completed his or her imprisonment, period of probation, or period of parole;

• The person has not been found guilty of any misdemeanor or felony during that time;

• The person has paid all restitution ordered by the court;

• The circumstances and behavior of the petitioner warrant the expungement; and

• The expungement is consistent with the public welfare.

A person may apply to have one or more eligible offenses expunged so long as such person lists all the offenses he or she is seeking to have expunged in the same petition.

The petition must name as defendants all law enforcement agencies, courts, prosecuting or circuit attorneys, central state repositories of criminal records, or others who the petitioner has reason to believe may possess the records subject to expungement for each of the offenses listed in the petition. The court's order of expungement only affects those named as defendants.

At the hearing, which may be held no sooner than 30 days after the filing of the petition, the court may accept evidence and hear testimony on the criteria for each of the offenses listed in the petition for expungement.

If the court determines the person meets all the criteria for each of the offenses listed in the petition for expungement, the court may order expungement and provide the order to each entity named in the petition.

The order may not limit any of the petitioner’s rights that were restricted as a collateral consequence of the person’s criminal record, and such rights shall be restored upon expungement of the offense. No person whose records have been expunged may be found guilty of perjury or otherwise giving a false statement for failing to disclose the offense, however, the person must disclose the expunged offense when asked by a court or being charged with a criminal offense. The expunged offense may be considered a prior offense if the person is sentenced for committing a subsequent offense.

In addition, a person whose records have been expunged must disclose the offenses when necessary to complete any application for a license, certificate, or permit issued by the state to practice a profession, a gaming license, or paid or unpaid employment with a licensed gaming operation, the state lottery, or any emergency services providers, including any law enforcement agency.

Expunged offenses may not be used to automatically disqualify a person from such activities, but may be considered when denying employment, or a professional license, certificate, or permit.

Upon granting an order of expungement, the records and files maintained in any administrative or court proceeding in a municipal court, an associate circuit or circuit court division of the circuit court for any offense ordered expunged under this section shall be confidential and only available to the parties or by order of the court for good cause shown.

If the court determines that such person has not met the criteria for any of the offenses listed in the petition for expungement, the court must dismiss the petition. Any person whose petition for expungement has been dismissed may not refile another petition until a year has passed since the date of filing for the previous petition.

A person may have records expunged by multiple courts, but may only have one expungement granted by each municipal and circuit court.

The clerk of the court is required to assess a $100 surcharge on all petitions for expungement. Moneys collected are payable to the General Revenue Fund.

These provisions are similar to those in SB 559 (2012) and HB 75 (2011).

SECTION 488.5026 - INMATE SECURITY FUND

The act modifies the uses of money from a current court surcharge in criminal cases. The uses of moneys in the fund are modified to include the purchase of information sharing equipment to allow inmates, detainees or prisoners in a shorter term detention facility to be identified upon booking and tracked within certain law enforcement or criminal justice systems.

This provision is identical to one contained in CCS/HCS/SB 628 (2012).

SECTIONS 565.081 TO 565.083 - UTILITY AND CABLE WORKERS

Under current law, there are crimes in the first, second, and third degrees for assaulting law enforcement officers, corrections officers, emergency personnel, highway workers in construction zones and probation and parole officers. The act includes utility workers and cable workers to the list of those protected.

SECTIONS 571.020 TO 571.117 - WEAPONS

Under current law, a person commits a Class A misdemeanor if he or she possesses, manufactures, transports, repairs, or sells a switchblade knife. This act limits the prohibition to the possession, manufacture, transport, repair or sale of a switchblade knife when such uses violate federal law, and makes the crime a Class C felony.

Under current law, a person must be at least 21 years of age to apply for a concealed carry endorsement. This act allows the following types of people who are 18 years of age or older to apply for an endorsement: members of the United States Armed Forces or those honorably discharged from the armed forces. Such persons 18 years of age or older may also transport a concealable firearm in the passenger compartment of a motor vehicle without committing the crime of unlawful use of weapons.

This act allows holders of a concealed carry endorsement to briefly and openly display the firearm to another person unless the display is in an angry or threatening manner and not in self defense.

Under this act, a person who has been adjudged mentally incapacitated or defective or involuntarily committed to a mental institution may petition for a removal of any disqualification on shipping, transporting, receiving, purchasing, possessing, or transferring a firearm imposed by federal or state law. The petition is to be filed in the circuit court in the petitioner’s place of residence or where letters of guardianship or other disqualifying order was entered. Prior to issuing a determination, the court must hold a hearing on the matter. The court's decision is appealable, but a person may not file another petition for one year from the date of the court's denial.

The petition process under current law for those adjudged incapacitated or involuntarily committed who wish to purchase, possess, or transfer a firearm is repealed.

Training requirements for concealed carry endorsement applicants were increased in HB 294 (2011). This act adopts a grandfather clause for those who were issued a firearms safety training certificate prior to the date the standards were increased, so these certificate-holders can receive a concealed carry endorsement without having to retake a training course.

These provisions are similar to those in SB 489 (2012), and HCS/HBs 1319, 1045 & 1369 (2012).

SECTION 650.230 - PRESSURE VESSELS

Current law exempts certain-sized pressure vessels from regulation. The act modifies these exemptions.

SECTION 701.550 - ANEMOMETER TOWERS

The act requires certain safety marking of anemometer towers (wind speed testing towers) that are located outside of city limits and that are 50 feet or more in height. The top third of any such tower must be striped orange and white, each outside guy wire must have two attached marker balls, the vegetation around guy wire anchor points must contrast with surrounding vegetation, and guy wires must have safety sleeves.

The act does not supercede any other state or federal law that regulates the appearance of the anemometer tower. Owners of anemometer towers in existence as of August 28, 2012, are given until January 1, 2014, to comply with the act's requirements. A violation of the act is a Class B misdemeanor.

These provisions are similar to those in HB 1251 (2012), SCS/HCS/HB 1623 (2012), HB 1909 (2012), and CCS/HCS/SS/SB 769 (2012).

The act includes an emergency clause for sections 320.106 to 320.136, relating to fireworks.

CHRIS HOGERTY/ERIKA JAQUES