HCS SCS SB 712 -- STATE EMERGENCY HEALTH POWERS

SPONSOR:  Singleton (O'Toole)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Miscellaneous Bills and Resolutions by a vote of 5 to 4.

This substitute:

(1)  Makes it unlawful to use unfair leverage in the sale of
essential consumer merchandise during an emergency.  Persons who
exercise unfair leverage are liable for restitution to consumers
and a civil penalty to the State of Missouri and may be subject
to civil action commenced by the Attorney General.  The
substitute also authorizes the Governor to declare a consumer
emergency by executive order if a consumer market disruption
exists and specifies what the order must include;

(2)  Prohibits the transport of hazardous materials through
highway tunnels and includes penalties for violations;

(3)  Allows the State Water Patrol to close any waters in the
state to navigation or use in the event of a disaster;

(4)  Creates the crime of criminal water contamination, a class B
felony;

(5)  Allows the Attorney General to investigate the unlawful use
of funds by charitable organizations;

(6)  Revises the current crime of making a terrorist threat by
removing existing language that defines making a terrorist threat
as threatening to commit a felony or making a false report about
the commission of a felony and replacing it with threatening to
commit or making a false report about an incident or condition
involving danger to life;

(7)  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.  No party may be represented by
more than four members from either chamber;

(8)  Defines "bioterrorism" and allows use of the emergency
powers of the Governor when there is an act of biological
terrorism;

(9)  Allows temporary licenses 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 and also allows 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;

(10)  Requires pharmacists to report unusual or increased
prescription trends within 24 hours.  Out-of-state laboratories
that collect specimens within Missouri and in-state labs that
send specimens out-of-state must report all cases of illness or
health conditions;

(11)  Allows the department to waive the registration and record
keeping requirements regarding narcotic drugs;

(12)  Adds an individual's exposure to a specific peril of death
due to an actual or suspected terrorist event to the list of
circumstances that allow probate.  Current law also allows a
presumption of death after five years and without proof
otherwise.  New language 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; and

(13)  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 will not be considered closed.

The substitute contains an emergency clause.

FISCAL NOTE:  Estimated Net Effect to General Revenue Fund of $0
in FY 2003, FY 2004, and FY 2005.

PROPONENTS:  Supporters say that the substitute is developed from
a federal model.

Testifying for the bill were Senator Singleton; and Department of
Health and Senior Services.

OPPONENTS:  Those who oppose the bill say that the General
Assembly needs to balance the authority of the Governor's office;
it will cause law suits, promote panic, and allow martial law too
easily; and that property should not be put in probate before
five years.

Testifying against the bill were Missouri First, Inc.; Missouri
Press Association; Reserve Officers' Association of the United
States-Harry S. Truman Chapter 1; Angie Carlson; Concerned Women
for America of Missouri; and Dave vonKleist.

Mark Pioli, Legislative Analyst

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