HCS/HB 1900 - This act restructures numerous statutes to reflect certain executive branch reorganizations as well as modifies provisions relating to investments in Iran's energy sector, voluntary annexation, individuals with disabilities and tax increment financing. The Joint Committee on Legislative Research is authorized to incorporate statutorily authorized executive department reorganization. Such authority is limited to name changes
and movement of portions or statutory sections to the appropriate chapters of law.
The act modifies a number of provisions in law to rename the division of Design and Construction as the Division of Facilities Management, Design and Construction and the Division of Data Processing and Telecommunications as the Information Technology Services Division. The Missouri Minority Business Development Commission is renamed as the Missouri Minority Business Advocacy Commission. The Office of Administration, rather than the Department of Economic Development, will provide support for the Commission. The act repeals a provision requiring the Department of Economic Development and the Office of Administration to develop a plan to increase procurements from minority businesses by all state departments and submit that plan to the Governor by July 1994 and an outdated provision requiring the Missouri Minority Advocacy Commission to submit a plan to increase procurement from minority businesses by state departments and recommended legislation to the General Assembly.
Certain duties of the Commissioner of Education and the State Board of Education with regard to the A+ program are transferred to the Department of Higher Education. The act further transfers certain duties regarding the Minority Teaching Scholarship from the Department of Elementary and Secondary Education to the Department of Higher Education.
The act moves the Missouri Assistive Technology Advisory Council from the Office of Administration to the Department of Elementary and Secondary Education. The Life Sciences Research Board is moved from the Office of Administration to the Department of Economic Development as a type III agency, rather than a type III division.
Any person may appeal to the Administrative Hearing Commission any decision made by the Department of Public Safety regarding a claim filed on or after August 28, 2012, for compensation to victims of crime and specifies a person's rights regarding the appeal.
This act specifies that a petition requesting a voluntary annexation needs to be notarized instead of verified. Any action to invalidate a previous annexation must be brought within three years of the date of the adoption of the annexation ordinance, except for an action to deannex an area for failure of the annexing municipality to provide required services to the area within three years. In that situation, the action must be brought within four years from the effective date of the annexation. (Sections 71.012, 71.014, and 71.015). This provision is identical to HB 1573 (2012).
This act creates the "Iran Energy Divestment Act" which bars entities that invest in the energy sector in Iran from making contracts in excess of $1 million with the state and political subdivisions. Entities wishing to make public contracts shall certify that they are not investors in the energy sector in Iran. Upon a determination by the Attorney General, entities that falsely certify shall be subject to a penalty of $250,000. In addition, contracts shall be terminated and the entity shall be ineligible to bid on and enter into public contracts for 3 years. (Section 34.225). This provision is similar to HCS/SCS/SB 722 (2012).
This act modifies provisions relating to individuals with disabilities.
YOUTH WITH DISABILITIES WORK GROUP (Section 161.870)
This act requires, by September 1, 2012, the Department of Elementary and Secondary Education to establish a work group to assess the available resources that youth with disabilities need for effective work experiences. The work group shall review all interagency coordination of services for employers matching services to ensure the services adequately meet the needs of youth and young adults with disabilities who seek employment and need job placement assistance. The goal of the work group shall be to evaluate the current efforts and available resources and to promote the involvement of stakeholders when planning and implementing services to provide successful transitions to employment, lifelong learning, and quality of life. The group shall focus on secondary students with disabilities, adults with disabilities, and others who experience barriers to successfully completing school.
The group shall:
-assess the strengths and where improvements need to be made regarding transition services, instruction, and experiences that reinforce core curriculum concepts and skills that lead to gainful employment;
-determine if any additional state partnerships through nonfinancial interagency agreements are necessary to enhance the employment potential of individuals with disabilities;
-focus on developing careers for disabled youths to prevent economic and social dependence on the resources of state and community agencies.
The department shall submit recommendations based on the findings of the work group to the General Assembly prior to January 1, 2013. The work group members shall be chosen and administered by the Commissioner of Education within the Department and shall utilize existing state agency and community personnel and human resources.
These provisions shall terminate on January 1, 2013.
This provision is substantially similar to HB 1886 (2012).
PUBLIC ACCOMMODATIONS AND SERVICE DOGS FOR INDIVIDUALS WITH MENTAL DISABILITIES (Sections 209.150, 209.152, 209.200)
Under this act an individual with mental disabilities is added to the list of people who must be afforded the same rights as those with physical disabilities to use streets, highways, sidewalks, public buildings, public facilities, and other public places. An individual with mental disabilities is also entitled to equal accommodation from common carriers, airlines, motor vehicles, trains, buses, taxis, and any other public conveyances or modes of transportation, as well as hotels, places of public accommodation, amusement or resort, and other places to which the general public is invited. This act also provides that persons with mental disabilities shall have the right to be accompanied by a guide, hearing, or service dog in any of these places without being required to pay an extra charge, provided that such person shall be liable for any damages done to the premises or facilities by such dog.
The term "service dog" is revised to mean a search and rescue dog that is trained to assist a person with a physical or mental disability by performing necessary tasks or doing work which the person cannot perform. Such tasks include, but are not limited to, helping the person from becoming lost, retrieving items or carrying supplies. A member of a service dog team has the right to be accompanied by the dog while the dog is in training and shall be liable for any damages to a facility caused by the dog training. A service dog team consists of a trained service dog, a person with a disability or child, and an adult person who has been trained to handle the dog.
These provisions are identical to SCS/SB 809 (2012) and substantially similar to HB 1436 (2012) and HB 513 (2011).
PROFESSIONAL THERAPY SERVICE DOGS (Section 209.200)
A professional therapy dog is added to the definition of "service dog" as it relates to crimes against these animals or crimes of impersonating a disabled person. A professional therapy dog is defined as a dog which is selected, trained, and tested to provide specific physical therapeutic functions, under the direction and control of a qualified handler who works with the dog as a team as a part of the handler's occupation or profession but does not include dogs used by volunteers in visitation therapy.
This provision is identical to HB 1432 (2012).
INJURY OR HARASSMENT OF SERVICE DOGS (Section 209.202)
Under current law, any person who knowingly, intentionally, or recklessly causes substantial physical injury to or death of a service dog is guilty of a class A misdemeanor. This act repeals this provision and specifies that any person who, with reckless disregard, injures or kills or permits a dog that he or she owns or is in the immediate control of to injure or kill a service animal shall be guilty of a class A misdemeanor. (Section 209.202.1)
Under current law, any person who knowingly or intentionally fails to exercise sufficient control over an animal he or she owns or controls to prevent substantial physical injury to or the death of a service dog, or the inability to function as a service dog as a result, is guilty of a class A misdemeanor. This act repeals this provision and specifies that any person who, with reckless disregard, interferes with or permits a dog that he or she owns or is in the immediate control of to interfere with the use of a service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the service animal or its user is guilty of a class B misdemeanor. Any second or subsequent violation of this provision is a class A misdemeanor.
This act repeals the provisions relating to harassing or chasing a service dog and specifies that any person who intentionally injures or kills or permits a dog that he or she owns or is in the immediate control of to injure or kill a service animal is guilty of a class D felony. (Section 209.202.4)
This act repeals current provisions allowing for a cause of action by an owner of a service dog to recover civil damages and specifies that any person who is convicted for violating these provisions shall make full restitution for all damages that arise out of or a related to the offense. Restitution includes, but is not limited to, the value of the animal, replacement and training expenses, veterinary and other medical and boarding expenses for the animal, medical expenses for the owner, and lost wages or income incurred during the period the owner is without the services of the animal.
These provisions are identical to HB 1413 (2012).
EMPLOYMENT SECURITY LAWS (Section 288.034)
This term defines "employment" for the purpose of employment security law to not mean in-home or community-based services performed by a provider contracted to provide the services for the clients of a county board for developmental disability services organized and commonly known as "SB 40 boards." In these instances, the vendor shall be responsible for the payroll and fringe benefits for the consumer. If an employment relationship exists between the provider and any worker, the services shall be deemed to be employment if the provider is a non-profit entity, governmental entity or federally recognized Indian tribe.
This provision is similar to HB 1794 (2012).
ACCESSIBLE PARKING (Section 301.143).
Under current law, any parking lot that is restriped or constructed shall have one in every four accessible spaces served by an access aisle that is a minimum of 96 inches wide and designated "lift van accessible only." This act specifies that when any political subdivision or owner of private property restripes a parking lot or constructs a new parking lot with 25 or more parking spaces, the lot and accessible signs shall meet the minimum requirements of the federal American with Disabilities Act for the number of required accessible parking spaces. However, not less than one must be served by an access aisle that is a minimum of 96 inches wide and designated "van accessible." If any accessible space is 132 inches wide or wider, the adjacent access aisle shall be a minimum of 60 inches wide. If any accessible space is less than 132 inches wide, the adjacent aisle shall be a minimum of 96 inches wide.
This provision is identical to HCS/HB 1738 (2012).
BRAIN INJURY FUND (Section 304.028)
This act adds community-based consumer services in comprehensive brain injury day rehabilitation therapy, vocational, and home and community support to the list of services for which the Department of Health and Senior Services shall expend funds from the Brain Injury Fund to individuals with brain injury. The department, in cooperation with the Department of Social Services, shall seek a federal waiver from the federal Department of Health and Human Services to allow moneys in the fund to be used for brain injury services under the MO HealthNet Program. Upon the granting of a waiver, 50% of all moneys in the fund shall be designated as MO HealthNet federal match moneys.
Any approved federal waiver shall provide parity in funding for each eligible program service area to create a balance for access to all brain injury services. A 10-member committee shall be established to develop service descriptions, regulations, and parity of funding for the eligible service areas, as needed. The committee shall meet at least annually to review services using the most current Department of Health Senior Services brain injury needs assessments and to address any modifications needed in the program services to ensure services are meeting the needs of brain injury consumers.
EMPLOYEE DISQUALIFICATION LIST (Section 660.315)
This act provides that any home care employer required to deny employment to an applicant or discharge an employee as a result of information obtained through a portion of the background screening and employment eligibility determination process required under the Family Care Safety Registry provisions shall not be liable in any action brought by the applicant or employee relating to discharge where the employer is required by law to terminate the employee, provisional or otherwise.
The employer shall also not be charged for unemployment insurance benefits based on wages paid to the employee or based on an employer making payments in lieu of contributions for work prior to the date of discharge, if the employer terminated the employee because the employee:
(1) Has pled guilty to or nolo contendere or been found guilty in this state or any other state of a crime, which if committed in Missouri would be a class A or B felony violation of certain specified crimes such as offenses against the persons, sexual offenses and robbery or burglary offenses;
(2) Was placed on the employee disqualification list maintained by the Department of Health and Senior Services, after the date of hire;
(3) Was placed on the employee disqualification list maintained by the Department of Mental Health, after the date of hire;
(4) Is listed on any of the background check lists in the Family Care Safety Registry; or
(5) Has a disqualifying finding or was denied a good cause waiver under the employee disqualification list maintained by the Department of Health and Senior Services.
The provisions relating to individuals with disabilities are similar to SS/SCS/HCS/House 1854 (2012).
TAX INCREMENT FINANCING
(Section 99.845)
This act adds county sales taxes for emergency communications systems to the list of taxes that may not be deposited into a special allocation fund for the purposes of tax increment financing.
This provision is similar to a provision of SS/SCS/HB 1170 (2012).
JIM ERTLE