SCS SB 1112 & 854 -- TERRORISM

SPONSOR:  Caskey (O'Toole)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Miscellaneous Bills and Resolutions by a vote of 7 to 1.

This substitute:

(1)  Creates the Joint Committee on Terrorism, Bioterrorism and
Homeland Security.  The committee will consist of seven members
each from the House and Senate.  Duties of the committee are
specified.  The committee must file a report annually with the
General Assembly beginning on January 15, 2003, and will expire
on December 31, 2007;

(2)  Allows the Emergency Management Agency to activate the State
Emergency Volunteer Program in the event of a disaster.  Current
language requires an earthquake or other natural disaster to
occur before this program can be activated;

(3)  Creates the crime of water contamination, which occurs when
a person knowingly introduces any dangerous agent or substance
into any public or private waters of the state or any water
supply with the purpose of causing death or serious injury;

(4)  Prohibits the transportation of hazardous materials through
a tunnel.  Violation of this section is a class B misdemeanor,
and second and subsequent violations will be a class A
misdemeanor;

(5)  Revises the wiretapping provisions to allow prosecutors to
apply for an order authorizing a wiretap in a situation related
to terrorism;

(6)  Increases the penalty for stealing any amount of ammonium
nitrate from a class D to a class C felony;

(7)  Makes it a class C felony to possess, manufacture,
transport, repair, or sell any explosive, incendiary, or poison
substance or material with the purpose to possess, manufacture,
or sell an explosive weapon;

(8)  Defines a terrorist threat as a person communicating a
threat to cause an incident or condition involving a danger to
life which disturbs 10 or more people and for the purpose of
creating an evacuation.  This is a class C felony if purposeful,
a class D felony if caused by a reckless disregard, and a class A
misdemeanor if caused by criminal negligence;

(9)  Creates the crime of supporting terrorism if a person
knowingly provides or solicits material support for any
organization designated as a foreign terrorist organization
pursuant to 8 U.S.C. 1189, which is a class C felony;

(10)  Creates the crime of agroterrorism, which is purposeful
spread of any type of disease among crops, livestock, or poultry.
This is a class D felony, unless damage exceeds $10 million, then
it becomes a class B felony.  There is an exemption for
scientific research;

(11)  Grants authority to the State Water Patrol, with the
consent of the Director of the Department of Public Safety, to
close waterways in the event of any actual or imminent man-made
or natural disaster; and

(12)  Adds an exemption to the Sunshine Law allowing closure of
meetings and records regarding specific information on certain
terrorism readiness issues.  However, information regarding total
costs of security measures will not be considered closed.

The substitute contains an emergency clause.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of More
than $100,000 in FY 2003, FY 2004, and FY 2005.  Estimated Net
Cost to Road Fund of $500 to Unknown in FY 2003, FY 2004, and FY
2005.

PROPONENTS:  Supporters say that the substitute will initiate
protections against and penalties for acts of terror.

Testifying for the bill were Senator Caskey; Missouri Office of
Homeland Security; Attorney General's Office; Missouri Alliance
for Animal Legislation; Humane Society of Missouri; and Marshall
Clark.

OPPONENTS:  There was no opposition voiced to the committee.

Mark Pioli, Legislative Analyst

Missouri House of Representatives
Last Updated October 11, 2002 at 9:04 am