HB 727 Modifies provisions relating to individuals with disabilities

Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 727 - This act modifies provisions relating to services for individuals with disabilities.

YOUTH WITH DISABILITIES WORK GROUP (Section 161.870)

This act requires, by September 1, 2013, 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, 2014. 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.

This provision is identical to HB 699 (2013) and substantially similar to HB 1886 (2012).

TICKET-TO-WORK PROGRAM (Section 208.146)

This act reauthorizes the Ticket-to-Work program until 2019. Currently the program is set to expire on August 28, 2013.

This provision is identical to a provision in CCS/HCS/SB 127 (2013); and to HCS/HB 986 HB 985 (2013); and similar to a provision in HCS/HB 700 (2013).

MISSOURI SENIOR SERVICES PROTECTION FUND (Section 208.1050)

This act creates the Missouri Senior Services Protection Fund. Moneys in the fund are to be used for services for low-income seniors and people with disabilities. The State Treasurer is directed to deposit $55,100,000 into the Missouri Senior Services Protection Fund on July 1, 2013. This provision has an emergency clause.

This provision is identical to a provision contained in SCS/HCS/HB 986 (2013).

MO HEALTHNET BENEFIT COVERAGE FOR COMPREHENSIVE REHABILITATION SERVICES (Section 208.152)

Subject to appropriations, the act adds comprehensive day rehabilitation services beginning soon after trauma as part of a coordinated system of care for individuals with disabling impairments to the list of services covered under MO HealthNet. Services shall be provided in a community-based facility and be authorized on tier levels based on the services and frequency of services the patient requires as guided by a qualified rehabilitation professional associated with a health care home.

This provision is identical to HB 712 (2013).

PUBLIC ACCOMMODATIONS AND SERVICE DOGS FOR INDIVIDUALS WITH MENTAL DISABILITIES(Sections 209.150, 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 without 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. (Section 209.150)

This act modifies the definition of "service dog" by adding the term "search and rescue dog" and "professional therapy dog". A "search and rescue dog" is one 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. (Sections 209.152 and 209.200(3))

The provisions of this act shall not exceed the provisions of the Americans with Disabilities Act.

These provisions are contained in CCS/HCS/SB 33 (2013).

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.

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.

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 707 (2013) and HB 1413 (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 contains an emergency clause.

This provision is identical to HB 711 (2013) and HCS/HB 1738 (2012).

BRAIN INJURY FUND (Section 304.028)

The act adds consumer-based consumer services in comprehensive brain injury day rehabilitation therapy, vocational, and home and community support to the list of services that the Department of Health and Senior Services shall expend funds collected by 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 matching 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 ten 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 and 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.

This provision is substantially similar to HB 723 (2013).

MENTAL HEALTH EMPLOYEE DISQUALIFICATION LIST (Section 660.170)

Under current law, an employee in a mental health facility is disqualified from holding a direct care position if such employee has been found guilty of or pleaded guilty to certain criminal offenses. This act adds to the list of criminal offenses that are included in the Mental Health Disqualification Registry. Such additional felony crimes include drug and stealing offenses, violations of aiding the escape of a prisoner and supporting terrorism as well as those crimes committed by an employee hired after January 1, 2014 for certain alcohol related offenses.

This act is identical to HCS/SCS/SB 229 (2013) and substantially similar to HB 708 (2013).

ADRIANE CROUSE


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