SB 0712 Modifies provisions relating to terrorism
Sponsor:Singleton Co-Sponsor(s)
LR Number:3084L.14T Fiscal Note:3084-14
Committee:Public Health and Welfare
Last Action:07/01/02 - Signed by Governor Journal page:
Title:CCS HCS SCS SB 712
Effective Date:August 28, 2002
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Current Bill Summary

CCS/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). New definitions are provided for terrorism 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 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" is as defined in 383.130, which includes physicians, dentists, podiatrists, pharmacists, psychologists, or nurses. This portion of the act is identical to TAT/SB 714 (Section 190.500).

A new section allows the Department to waive the registration and record keeping requirements regarding narcotic drugs during a declared emergency (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).

Current law allows the Missouri State Water Patrol to 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. This act does not authorize the Patrol to close down a dam, but the Patrol may close waters near the dam 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 or suffer licensure suspension. This act imposes a Class A misdemeanor on violators (Section 307.177). The Attorney General may currently bring an action for the violation of merchandising practices law. This act expands the law to allow the Attorney General to bring an action if charitable organizations violate such practices (Section 407.472).

Current law allows probate to begin early in situations involving estates of absent persons. This act adds an individual's exposure to a specific peril of death due to a terrorist event to the list of circumstances during which probate may begin (Section 473.697). Current law allows a presumption of death after five years and without proof otherwise. This act 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).

Current wiretapping law is repealed and reenacted with expanded authority to allow wiretapping for felony crimes and terrorist threats (Sections 542.400 - 542.422).

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 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. Current law prohibits money laundering. This act expands the crime to include currency transactions that are conducted or attempted in order to promote or aid the carrying on of criminal activity to further terrorism (Section 574.105). 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. Violators will be guilty of a Class A misdemeanor (Section 574.115).

This act expands the crime of making a false report to include reporting false information about an incident that is about to occur (Section 575.080). This act 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 (18) requires municipal utility action within three days on public records requests about security systems and structural plans. Subdivision (19), regarding security measures, is modified to require a statement in writing against disclosure. 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).