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NewsJune 22, 2002

JEFFERSON CITY, Mo. -- Just-completed summaries by Missouri House Research officials of legislation approved in this year's General Assembly provide important details on how the state intends to cope with new domestic threats and other safety concerns after the Sept. 11 bombings...

Jack Stapleton Jr.

JEFFERSON CITY, Mo. -- Just-completed summaries by Missouri House Research officials of legislation approved in this year's General Assembly provide important details on how the state intends to cope with new domestic threats and other safety concerns after the Sept. 11 bombings.

One portion of the new law modifies the state's Freedom of Information code, permitting broader secrecy restrictions on anti-terrorism readiness preparations.

Two omnibus anti-terrorism bills were introduced this spring, with the principal sponsor on the Senate side being Dr. Marvin Singleton, a Southwest Missouri Republican, with Rep. James O'Toole of St. Louis serving as lead sponsor on the House side.

The two measures were melded together in conference committee sessions after extensive amending on the floors of both chambers, as well as amendments offered during committee hearings.

Devising state laws to address such relatively unknown concerns as terrorism proved to be either "exciting," as one member described it, or "challenging" as another lawmaker stated.

For one House research analyst, Mark Pioli, who carried out the required detailed examination of new emergency measures following May 17's adjournment, the measure "seems complete enough," although he noted this was the first time he had ever encountered such legislation.

The truly agreed to and finally passed bill, designated CCS HS HSCS SCS SB 712, bears the title "State Emergency Health Powers." Freely translated, the designation stands for "Conference Committee Substitute/House Substitute/House Committee Substitute/Senate Committee Substitute/Senate Bill 712."

Although not as lengthy as federal legislation that has either been proposed or approved, the Missouri measure includes a variety of new powers and duties, dealing with such threats as bioterrorism to new exemptions to Missouri's Freedom of Information laws.

Several major topics are included in the new homeland security legislation that will become effective Aug. 28, and which is expected to be signed by Gov. Bob Holden.

A member of the chief executive's staff said the measure has thus far received "little review or discussion."

Here are the major points of SB 712:

Prohibits the transport of hazardous materials through highway tunnels and includes penalties for violations.

Allows the State Water Patrol to close any waters in Missouri to navigation or use in the event of a disaster.

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Creates the crime of criminal water contamination a class B felony.

Allows the attorney general to investigate the unlawful use of funds by charitable organizations.

Revises the current crime of making a terrorist threat and with threatening to commit or make a false report about an incident or condition involving danger to life.

Creates the Joint Committee on Terrorism, Bioterrorism and Homeland Security, to be composed of seven members of each legislative body.

Defines "bioterrorism" as intentionally causing harm to a living organism in order to influence the conduct of government or coerce a civilian population.

Allows the issuance of temporary licenses to health care practitioners licensed in another state who are acting under military orders and are enrolled in trauma and disaster response training in Missouri. Includes such people acting pursuant to a declaration of a state public health emergency by the governor.

Allows the registration and record keeping requirements regarding narcotic drugs to be waived in the event of an emergency.

Revises the state's wiretapping provisions to allow prosecutors to apply to an order authorizing a wiretap in a situation related to terrorism, and protects information legally collected, while making the unauthorized wiretapping or intercepting of communications a class D felony.

Adds to an person's exposure to a specific peril of death due to an actual or suspected terrorist event to the list of circumstances that allow probate.

Adds engaging in current transaction with the purpose of promoting or aiding terrorism or terrorist threats to the crime of money laundering.

Revises the crime of making false reports to any person, not just law enforcement, and making reports about incidents that are about to occur, not just those that have already occurred.

Allows closure of meetings and records regarding specific information on certain terrorism readiness issues. Certain information regarding municipal utilities and information regarding costs of security measures will not be considered closed under the Sunshine Law.

Still another approved bill, HCS SB 1119, authorizes the Office of Administration to station armed security guards at state-owned or leased buildings and facilities outside Cole County, site of the state Capitol. The measure gives the administration office the power to employ guards as state employees or contract with a licensed firm for armed protection.

All bills enacted in this year's session will become effective Aug. 28. This session's veto session will begin Sept. 11.

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