Journal of the House



Second Regular Session, 90th General Assembly

FORTY-FIFTH DAY, Wednesday, March 29, 2000



Speaker Pro Tem Kreider in the Chair.



Prayer by Reverend Rudy Beard.



Our Father in Heaven, give to the men and women of this House a heart for that which lies before them today. If that which we intend for the day makes us uncomfortable in Your presence, take it from us.



If what we intend is for the good, then confirm us in that. Keep these men and women, and all who work with them, quick of foot, light of heart and agile of mind; so, with gladness, they may do all that You bless. To You be glory and honor forever. Amen.



The Pledge of Allegiance to the flag was recited.



The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Trevor W. Howell, Nathaniel Witt, Adam Deis, Mary Liese, Sarah Liese, Jareth

Clemensen, Austin O'Bryan and Lauren Bromley.



The Journal of the forty-fourth day was approved as corrected by the following vote:



AYES: 084



Abel Auer Backer Barry 100 Berkowitz

Bonner Boucher 48 Boykins Bray 84 Britt

Campbell Clayton Crump Curls Davis 122

Davis 63 Days Dougherty Farnen Fitzwater

Foley Ford Franklin Fraser Gambaro

George Graham 24 Gratz Green Gunn

Hagan-Harrell Hampton Harlan Hickey Hilgemann

Hollingsworth Hoppe Hosmer Kelly 27 Kennedy

Kissell Koller Kreider Lakin Lawson

Leake Liese Luetkenhaus May 108 Mays 50

McBride McKenna McLuckie Merideth Monaco

Murray O'Connor O'Toole Overschmidt Parker

Ransdall Relford Reynolds Riley Rizzo

Scheve Schilling Seigfreid Selby Shelton

Skaggs Smith Thompson Treadway Troupe

Van Zandt Wagner Ward Wiggins Williams 121

Williams 159 Wilson 25 Wilson 42 Mr. Speaker



NOES: 072



Akin Alter Ballard Barnett Bartelsmeyer

Bartle Bennett Black Blunt Boatright

Burton Champion Chrismer Cierpiot Crawford

Dolan Elliott Enz Evans Foster

Froelker Gaskill Gibbons Graham 106 Griesheimer

Gross Hanaway Hartzler 123 Hartzler 124 Hendrickson

Hohulin Holand Howerton Kasten Kelley 47

King Klindt Legan Levin Linton

Lograsso Long Loudon Luetkemeyer Marble

McClelland Miller Murphy Myers Naeger

Nordwald Ostmann Patek Phillips Pouche 30

Pryor Purgason Reinhart Richardson Ridgeway

Robirds Ross Sallee Schwab Scott

Shields Summers Surface Townley Tudor

Vogel Wright



PRESENT: 001



Reid



ABSENT WITH LEAVE: 004



Berkstresser Hegeman Secrest Stokan



VACANCIES: 002



HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED



House Resolution No. 729 - Representative Barry

House Resolution No. 730 - Representative Smith

House Resolution No. 731 - Representative Gross

House Resolution No. 732 - Representative Treadway

House Resolution No. 733

and

House Resolution No. 734 - Representative Backer

House Resolution No. 735 - Representative Davis (122)

House Resolution No. 736 - Representative McClelland

House Resolution No. 737

through

House Resolution No. 740 - Representative Naeger

House Resolution No. 741 - Representative Shields

House Resolution No. 742 - Representative Sallee

House Resolution No. 743 - Representative Farnen

House Resolution No. 744 - Representative Graham (24)



SECOND READING OF HOUSE CONCURRENT RESOLUTION



HCR 29 was read the second time.



SECOND READING OF SENATE BILLS



SB 936, SB 974, SCS SB 1013, SCS SB 1036, SB 1037 and SB 1053 were read the second time.



PERFECTION OF HOUSE BILL



HCS HB 1242, with House Amendment No. 3 to Part IV, as amended, Part V and Part VI of HS, as amended, pending, relating to professional registration, was taken up by Representative Treadway.

House Amendment No. 3 to Part IV of HS HCS HB 1242 was withdrawn.



Representative Summers offered House Amendment No. 3 to Part IV of HS HCS HB 1242.



House Amendment No. 3

to

Part IV



AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 17, Section 334.735, Line 10, by inserting immediately after said line the following:



"The board of healing arts shall adopt rules to allow students enrolled in their third year of medical studies to be licensed as a physician assistant. Such rules shall include a standardized test which does not exceed the parameters of any test for licensure which is given to a physician assistant."



Representative Summers moved that House Amendment No. 3 to Part IV of HS HCS HB 1242 be adopted.



Which motion was defeated.



Representative Monaco offered House Amendment No. 4 to Part IV of HS HCS HB 1242.



House Amendment No. 4

to

Part IV



AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 21, Section 334.735, Line 22, by inserting after the period the following:



"10. The state board of registration for healing arts shall randomly inspect any facility in which a physician assistant works independent of a physician. The inspection shall include but is not limited to making a determination as to whether a physician assistant has made or is making diagnosis within their scope of practice."



Representative Monaco moved that House Amendment No. 4 to Part IV of HS HCS HB 1242 be adopted.



Which motion was defeated.



Representative Holand offered House Amendment No. 5 to Part IV of HS HCS HB 1242.



House Amendment No. 5

to

Part IV



AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 16, Section 344.735, Line 6, after the word "telecommunications.", insert the following:



"A supervising physician shall be personally present for practice supervision and collaboration a minimum of 20% of clinic hours in any clinic location utilizing physicians assistants."

On motion of Representative Holand, House Amendment No. 5 to Part IV of HS HCS HB 1242 was adopted.



Representative Summers offered House Amendment No. 6 to Part IV of HS HCS HB 1242.



House Amendment No. 6

to

Part IV



AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 14, Section 334.735, Line 20, by inserting immediately after the word "thereof" the following new section and renumber accordingly:



"(5) "Informed consent", consent to medical treatment based on a full, fair and truthful disclosure of known and reasonably foreseeable benefits, risks and hazards of the proposed treatment and of alternative treatments. Such process allows the patient, client or recipient of medical treatments, or the legal guardian of such patient, client or recipient, to exercise a free and independent judgment by reasonably balancing the probable risks against the probable benefits"; and



Further amend said bill, Page 19, Line 21, by inserting immediately after the period, the following:



"Prior to providing health services, a physician assistant shall:



(1) Truthfully inform every patient, client or healthcare consumer of the physician assistant's training and credentials;

(2) Truthfully inform every patient, client or healthcare consumer of the risks, hazards and relative benefits of all proposed treatments and alternative treatments;

(3) Obtain written informed consent from every patient, client or healthcare consumer; and

(4) Inform every patient, client or healthcare consumer of his or her right to withdraw consent at any time and request physician oversight.



Every licensing board governing the conduct of physician assistants shall adopt and enforce rules of professional conduct requiring the informed consent contained in section 334.735. Any patient, client or healthcare consumer who is incompetent by virtue of infancy, mental status or other legally valid reason, shall provide informed consent through the written informed consent and signature of a legal guardian. Any physician assistant who violates any of the provisions of section 334.735 shall, at the discretion of the relevant licensing board, constitute grounds for revocation or suspension of such provider's license or certification to practice in the state of Missouri. Each violation shall be reported to the public upon request."



Representative Holand offered House Substitute Amendment No. 1 for House Amendment No. 6 to Part IV of HS HCS HB 1242.



House Substitute Amendment No. 1

for

House Amendment No. 6

to

Part IV



AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 14, Section 334.735, Line 20, by inserting immediately after the word "thereof" the following new section and renumber accordingly:



"(5) "Informed consent", consent to medical treatment based on a full, fair and truthful disclosure of known and reasonably foreseeable benefits, risks and hazards of the proposed treatment and of alternative treatments. Such process allows the patient, client or recipient of medical treatments, or the legal guardian of such patient, client or recipient, to exercise a free and independent judgment by reasonably balancing the probable risks against the probable benefits"; and



Further amend said bill, Page 19, Line 21, by inserting immediately after the period, the following:



"Prior to providing health services, a physician assistant shall:



(1) Truthfully inform every patient, client or healthcare consumer of the advance practice nurse or physician assistant's training and credentials;

(2) Truthfully inform every patient, client or healthcare consumer of the risks, hazards and relative benefits of all proposed treatments and alternative treatments;

(3) Obtain written informed consent from every patient, client or healthcare consumer; and

(4) Inform every patient, client or healthcare consumer of his or her right to withdraw consent at any time and request physician oversight.



Every licensing board governing the conduct of advance practice nurses or physician assistants shall adopt and enforce rules of professional conduct requiring the informed consent contained in section 334.735. Any patient, client or healthcare consumer who is incompetent by virtue of infancy, mental status or other legally valid reason, shall provide informed consent through the written informed consent and signature of a legal guardian. Any physician assistant who violates any of the provisions of section 334.735 shall, at the discretion of the relevant licensing board, constitute grounds for revocation or suspension of such provider's license or certification to practice in the state of Missouri. Each violation shall be reported to the public upon request."



Representative Monaco raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 6 to Part IV of HS HCS HB 1242 goes beyond the scope of the base amendment and Part IV of the bill.



The Chair ruled the point of order not well taken.



Representative Holand moved that House Substitute Amendment No. 1 for House Amendment No. 6 to Part IV of HS HCS HB 1242 be adopted.



Which motion was defeated by the following vote:



AYES: 019



Ballard Barnett Bartle Gaskill Graham 106

Hanaway Holand King Legan Levin

Linton Lograsso Luetkemeyer Monaco Myers

Nordwald Ross Sallee Summers



NOES: 131



Abel Akin Alter Auer Backer

Barry 100 Bennett Berkowitz Black Blunt

Boatright Bonner Boucher 48 Boykins Bray 84

Britt Burton Campbell Champion Chrismer

Cierpiot Clayton Crawford Crump Curls

Davis 122 Davis 63 Days Dolan Dougherty

Elliott Enz Evans Farnen Fitzwater

Foley Ford Foster Franklin Fraser

Gambaro George Gibbons Graham 24 Gratz

Green Griesheimer Gross Gunn Hagan-Harrell

Hampton Hartzler 123 Hartzler 124 Hegeman Hendrickson

Hickey Hilgemann Hohulin Hollingsworth Hoppe

Hosmer Howerton Kasten Kelley 47 Kelly 27

Kennedy Kissell Klindt Koller Kreider

Lakin Lawson Leake Liese Long

Loudon Marble May 108 Mays 50 McBride

McClelland McKenna McLuckie Merideth Miller

Murphy Murray O'Connor O'Toole Overschmidt

Parker Patek Phillips Pouche 30 Purgason

Ransdall Reid Reinhart Relford Reynolds

Ridgeway Riley Rizzo Robirds Scheve

Schilling Schwab Scott Seigfreid Selby

Shelton Shields Skaggs Smith Surface

Thompson Townley Treadway Troupe Tudor

Van Zandt Vogel Wagner Ward Wiggins

Williams 121 Williams 159 Wilson 25 Wilson 42 Wright

Mr. Speaker



PRESENT: 000



ABSENT WITH LEAVE: 011



Bartelsmeyer Berkstresser Froelker Harlan Luetkenhaus

Naeger Ostmann Pryor Richardson Secrest

Stokan



VACANCIES: 002



Representative Selby offered House Substitute Amendment No. 2 for House Amendment No. 6 to Part IV of HS HCS HB 1242.



House Substitute Amendment No. 2

for

House Amendment No. 6

to

Part IV



AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 14, Section 334.735, Line 20, by inserting immediately after the word "thereof" the following new section and renumber accordingly:



"(5) "Informed consent", consent to medical treatment based on a full, fair and truthful disclosure of known and reasonably foreseeable benefits, risks and hazards of the proposed treatment and of alternative treatments. Such process allows the patient, client or recipient of medical treatments, or the legal guardian of such patient, client or recipient, to exercise a free and independent judgment by reasonably balancing the probable risks against the probable benefits"; and



Further amend said bill, Page 19, Line 21, by inserting immediately after the period, the following:



"Prior to providing health services, a physician or physician assistant shall:



(1) Truthfully inform every patient, client or healthcare consumer of the physician assistant's training and credentials;

(2) Truthfully inform every patient, client or healthcare consumer of the risks, hazards and relative benefits of all proposed treatments and alternative treatments;

(3) Obtain written informed consent from every patient, client or healthcare consumer; and

(4) Inform every patient, client or healthcare consumer of his or her right to withdraw consent at any time and request physician oversight.



Every licensing board governing the conduct of physician assistants shall adopt and enforce rules of professional conduct requiring the informed consent contained in section 334.735. Any patient, client or healthcare consumer who is incompetent by virtue of infancy, mental status or other legally valid reason, shall provide informed consent through the written informed consent and signature of a legal guardian. Any physician assistant who violates any of the provisions of section 334.735 shall, at the discretion of the relevant licensing board, constitute grounds for revocation or suspension of such provider's license or certification to practice in the state of Missouri. Each violation shall be reported to the public upon request."



Representative Selby moved that House Substitute Amendment No. 2 for House Amendment No. 6 to Part IV of HS HCS HB 1242 be adopted.



Which motion was defeated.



Representative Summers moved that House Amendment No. 6 to Part IV of HS HCS HB 1242 be adopted.



Which motion was defeated by the following vote.



AYES: 044



Akin Alter Backer Ballard Barry 100

Bartle Bennett Black Blunt Boatright

Cierpiot Davis 122 Elliott Enz Fitzwater

Foster Fraser Froelker Graham 106 Hanaway

Hartzler 124 Hendrickson Howerton King Legan

Levin Long Marble Merideth Monaco

Naeger Patek Phillips Pouche 30 Reid

Relford Richardson Ridgeway Selby Summers

Surface Townley Williams 159 Wright



NOES: 100



Abel Auer Barnett Bartelsmeyer Berkowitz

Bonner Boucher 48 Boykins Bray 84 Britt

Campbell Champion Chrismer Crawford Crump

Curls Davis 63 Days Dolan Dougherty

Evans Farnen Foley Ford Gambaro

George Gibbons Graham 24 Gratz Green

Griesheimer Gross Gunn Hampton Hartzler 123

Hegeman Hickey Hilgemann Holand Hollingsworth

Hoppe Hosmer Kasten Kelley 47 Kennedy

Kissell Klindt Koller Kreider Lakin

Lawson Leake Linton Loudon Luetkemeyer

Luetkenhaus May 108 Mays 50 McBride McClelland

McKenna McLuckie Miller Murphy Murray

Myers Nordwald O'Connor O'Toole Ostmann

Overschmidt Parker Purgason Ransdall Reynolds

Riley Rizzo Robirds Sallee Scheve

Schilling Schwab Scott Seigfreid Shelton

Shields Skaggs Smith Thompson Treadway

Troupe Tudor Van Zandt Vogel Wagner

Ward Wiggins Wilson 25 Wilson 42 Mr. Speaker



PRESENT: 000



ABSENT WITH LEAVE: 017



Berkstresser Burton Clayton Franklin Gaskill

Hagan-Harrell Harlan Hohulin Kelly 27 Liese

Lograsso Pryor Reinhart Ross Secrest

Stokan Williams 121



VACANCIES: 002



HCS HB 1242, with Part IV as amended, Part V and Part VI of HS, as amended, pending, was laid over.



MESSAGES FROM THE SENATE



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 760, entitled:



An act to repeal section 55.010, RSMo 1994, relating to certain county auditors, and to enact in lieu thereof one new section relating to the same subject.



In which the concurrence of the House is respectfully requested.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 1018, entitled:



An act to authorize the conveyance of property owned by Southwest Missouri State University.



In which the concurrence of the House is respectfully requested.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 1020, entitled:



An act to amend chapter 226, RSMo, by adding thereto one new section relating to the Payne Stewart Highway.



In which the concurrence of the House is respectfully requested.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 1042, entitled:



An act to amend chapter 144, RSMo, relating to sales and use taxation by adding thereto one new section relating to bullion and investment coins.



In which the concurrence of the House is respectfully requested.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 1050, entitled:



An act to repeal section 190.055, RSMo Supp. 1999, relating to ambulance district board members, and to enact in lieu thereof one new section relating to the same subject.



In which the concurrence of the House is respectfully requested.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 1051, entitled:





An act to repeal sections 303.025 and 303.409, RSMo Supp. 1999, relating to motor vehicle financial responsibility, and to enact in lieu thereof two new sections relating to the same subject.



In which the concurrence of the House is respectfully requested.



On motion of Representative Crump, the House recessed until 2:00 p.m.



AFTERNOON SESSION



The hour of recess having expired, the House was called to order by Representative Smith.



The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Christopher Wilson, Mark Wolf, Anthony Paiz, Jeff Klote, Michael Cervantes, Alex Brueck and Owen D. Lunn.



HOUSE RESOLUTIONS OFFERED AND ISSUED



House Resolution No. 745 - Representative Ford

House Resolution No. 746

and

House Resolution No. 747 - Representative Naeger

House Resolution No. 748 - Representative Crawford

House Resolution No. 749 - Representative Bartelsmeyer

House Resolution No. 750 - Representative Klindt

House Resolution No. 751 - Representatives Hartzler (124) and Phillips

House Resolution No. 752 - Representatives Hartzler (124) and Howerton

House Resolution No. 753 - Representative Howerton

House Resolution No. 754

through

House Resolution No. 756 - Representative Kreider

House Resolution No. 757 - Representative George

House Resolution No. 758 - Representative Campbell



PERFECTION OF HOUSE BILLS



HCS HB 1242, with Part IV, as amended, Part V and Part VI of HS, as amended, pending, relating to professional registration, was again taken up by Representative Treadway.



Representative Chrismer offered House Amendment No. 7 to Part IV of HS HCS HB 1242.



House Amendment No. 7

to

Part IV



AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 17, Section 334.735, Line 22, by inserting after the period the following:



"Physician assistants shall not encourage, counsel or refer patients to abortion services or to any person or organization that performs abortions or counsels or refers for abortion."



Representative Graham (24) offered House Substitute Amendment No. 1 for House Amendment No. 7 to Part IV of HS HCS HB 1242.



House Substitute Amendment No. 1

for

House Amendment No. 7

to

Part IV



AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 17, Section 334.735, Line 10, by inserting after the period the following:



"Physician assistants shall not encourage, counsel or refer patients to abortion services or to any person or organization that performs abortions or counsels or refers for abortion unless the abortion is done to save the life of the mother or if the unborn child is the result of rape or incest."



Speaker Pro Tem Kreider resumed the Chair.



Representative Crump suggested the absence of a quorum.



The following roll call indicated a quorum present:



AYES: 137



Akin Alter Auer Backer Ballard

Barnett Barry 100 Bartelsmeyer Bartle Bennett

Berkowitz Black Boatright Bonner Boucher 48

Boykins Bray 84 Britt Campbell Champion

Chrismer Cierpiot Clayton Crawford Crump

Curls Davis 122 Davis 63 Days Dougherty

Enz Evans Farnen Fitzwater Foley

Ford Foster Franklin Fraser Gambaro

George Gibbons Graham 106 Graham 24 Gratz

Green Griesheimer Gross Gunn Hagan-Harrell

Hampton Harlan Hartzler 123 Hartzler 124 Hegeman

Hendrickson Hickey Hilgemann Holand Hollingsworth

Hoppe Hosmer Howerton Kelley 47 Kelly 27

Kennedy King Kissell Klindt Koller

Kreider Lakin Lawson Leake Levin

Liese Long Luetkenhaus Marble May 108

Mays 50 McBride McClelland McKenna McLuckie

Merideth Miller Monaco Murphy Murray

Naeger Nordwald O'Connor O'Toole Ostmann

Overschmidt Parker Patek Phillips Pouche 30

Pryor Purgason Ransdall Reinhart Relford

Ridgeway Riley Rizzo Robirds Ross

Sallee Scheve Schilling Schwab Scott

Seigfreid Selby Shelton Shields Skaggs

Smith Summers Thompson Townley Treadway

Troupe Tudor Van Zandt Vogel Wagner

Ward Wiggins Williams 121 Williams 159 Wilson 25

Wilson 42 Mr. Speaker



NOES: 002



Burton Myers



PRESENT: 017



Blunt Dolan Elliott Froelker Hanaway

Hohulin Kasten Legan Linton Lograsso

Loudon Luetkemeyer Reid Reynolds Richardson

Surface Wright



ABSENT WITH LEAVE: 005



Abel Berkstresser Gaskill Secrest Stokan



VACANCIES: 002



Representative Graham (24) moved that House Substitute Amendment No. 1 for House Amendment No. 7 to Part IV of HS HCS HB 1242 be adopted.



Which motion was defeated by the following vote:



AYES: 061



Auer Backer Boucher 48 Boykins Bray 84

Britt Campbell Clayton Crump Curls

Davis 122 Davis 63 Days Dougherty Farnen

Fitzwater Foley Ford Franklin Fraser

Gambaro Graham 24 Green Gunn Hagan-Harrell

Harlan Hickey Hilgemann Hollingsworth Hoppe

Hosmer Kelly 27 Koller Kreider Lakin

Leake May 108 Mays 50 McBride McClelland

McKenna McLuckie Monaco Parker Relford

Reynolds Riley Rizzo Scheve Schilling

Shelton Skaggs Smith Thompson Troupe

Van Zandt Ward Williams 121 Wilson 25 Wilson 42

Mr. Speaker



NOES: 094



Akin Alter Ballard Barnett Barry 100

Bartelsmeyer Bartle Bennett Berkowitz Blunt

Boatright Bonner Burton Champion Chrismer

Cierpiot Crawford Dolan Elliott Enz

Evans Foster Froelker George Gibbons

Graham 106 Gratz Griesheimer Gross Hampton

Hanaway Hartzler 123 Hartzler 124 Hegeman Hendrickson

Hohulin Holand Howerton Kasten Kelley 47

Kennedy King Kissell Klindt Lawson

Legan Levin Liese Linton Lograsso

Long Loudon Luetkemeyer Luetkenhaus Marble

Merideth Miller Murphy Murray Myers

Naeger Nordwald O'Connor O'Toole Ostmann

Overschmidt Patek Phillips Pouche 30 Pryor

Purgason Ransdall Reid Reinhart Richardson

Ridgeway Robirds Ross Sallee Schwab

Scott Seigfreid Selby Shields Summers

Surface Townley Treadway Tudor Vogel

Wagner Wiggins Williams 159 Wright



PRESENT: 000



ABSENT WITH LEAVE: 006



Abel Berkstresser Black Gaskill Secrest

Stokan



VACANCIES: 002





Representative Reid offered House Substitute Amendment No. 2 for House Amendment No. 7 to Part IV of HS HCS HB 1242.



House Substitute Amendment No. 2

for

House Amendment No. 7

to

Part IV



AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 17, Section 334.735, Line 22, by inserting after the period the following:



"Physician assistants while acting within the scope of their practice shall not encourage, counsel or refer patients to abortion services or to any person or organization that performs abortions or counsels or refers for abortions."



On motion of Representative Reid, House Substitute Amendment No. 2 for House Amendment No. 7 to Part IV of HS HCS HB 1242 was adopted by the following vote:



AYES: 102



Akin Alter Ballard Barnett Barry 100

Bartelsmeyer Bartle Bennett Berkowitz Black

Blunt Boatright Bonner Boucher 48 Britt

Burton Champion Chrismer Cierpiot Crump

Dolan Enz Evans Foley Foster

Froelker Gambaro Gibbons Graham 106 Gratz

Green Griesheimer Gross Hampton Hanaway

Hartzler 123 Hartzler 124 Hegeman Hendrickson Hohulin

Holand Howerton Kelley 47 Kennedy King

Kissell Klindt Koller Lawson Leake

Legan Levin Liese Linton Lograsso

Long Loudon Luetkemeyer Luetkenhaus Marble

Mays 50 McBride McKenna Merideth Miller

Monaco Murphy Murray Naeger O'Connor

O'Toole Overschmidt Phillips Pouche 30 Pryor

Purgason Ransdall Reid Reinhart Reynolds

Richardson Ridgeway Rizzo Robirds Ross

Sallee Schwab Scott Seigfreid Selby

Shields Summers Surface Townley Treadway

Troupe Vogel Wagner Ward Wiggins

Williams 159 Wright



NOES: 046



Backer Boykins Bray 84 Campbell Clayton

Curls Davis 122 Davis 63 Days Dougherty

Farnen Fitzwater Ford Franklin Fraser

George Graham 24 Gunn Hagan-Harrell Harlan

Hickey Hilgemann Hollingsworth Hoppe Hosmer

Kelly 27 Kreider Lakin May 108 McClelland

McLuckie Ostmann Parker Relford Riley

Scheve Schilling Shelton Skaggs Smith

Thompson Van Zandt Williams 121 Wilson 25 Wilson 42

Mr. Speaker



PRESENT: 000



ABSENT WITH LEAVE: 013



Abel Auer Berkstresser Crawford Elliott

Gaskill Kasten Myers Nordwald Patek

Secrest Stokan Tudor



VACANCIES: 002



On motion of Representative Treadway, Part IV of HS HCS HB 1242, as amended, was adopted.



Representative McLuckie offered House Amendment No. 1 to Part V of HS HCS HB 1242.



House Amendment No. 1

to

Part V



AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 23, Section 339.150, Line 10 of said page, by inserting immediately after the word "required" the following: ", or who is not a party to the transaction, whether a buyer or a seller"; and



Further amend said bill, Page 23, Section 339.150, Line 13 of said page, by inserting immediately after the word "transaction" the following: "including a rebate, directly or indirectly, to a party to the transaction, whether a buyer or a seller"; and



Further amend said title, enacting clause and intersectional references accordingly.



Representative Treadway offered House Substitute Amendment No. 1 for House Amendment No. 1 to Part V of HS HCS HB 1242.



House Substitute Amendment No. 1

for

House Amendment No. 1

to

Part V



AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 26, Section 339.150, Line 14, by inserting immediately after said line the following:



"8. Nothing in this chapter shall prevent any consumer from joining any organization in which one of the benefits of membership may be that such organization can negotiate a reduced rate or price for real estate costs for its members nor shall it prohibit an inducement to the buyer paid and supplied by the owner of the property directly to the buyer of the property. Any rebate from a commission must be paid directly from the Missouri licensee to the party to the transaction and must be paid at closing."



On motion of Representative Treadway, House Substitute Amendment No. 1 for House Amendment No. 1 to Part V of HS HCS HB 1242 was adopted.



Representative Monaco offered House Amendment No. 2 to Part V of HS HCS HB 1242.



House Amendment No. 2

to

Part V



AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 23, Section 339.150, Line 19 of said page, by inserting immediately after the words "before a" the word "written"; and





Further amend said bill, Page 24, Section 339.150, Line 6 of said page, by inserting immediately after the word "cause" the following: "or a written contractual relationship"; and



Further amend said bill, Page 25, Section 339.150, Line 2 of said page, by inserting immediately after the word "benefits" the following: ", or the eligibility or ineligibility for such benefits,"; and



Further amend said title, enacting clause and intersectional references accordingly.



Representative Monaco moved that House Amendment No. 2 to Part V of HS HCS HB 1242 be adopted.



Which motion was defeated.



Representative Ridgeway offered House Amendment No. 3 to Part V of HS HCS HB 1242.



Representative Treadway raised a point of order that House Amendment No. 3 to Part V of HS HCS HB 1242 goes beyond the scope of the bill.



The Chair ruled the point of order well taken.



On motion of Representative Treadway, Part V of HS HCS HB 1242, as amended, was adopted.



Representative Treadway offered House Amendment No. 1 to Part VI of HS HCS HB 1242.



House Amendment No. 1

to

Part VI



AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 27, Section 621.086, Line 15, by inserting immediately after said line the following:



"329.210. 1. The board shall have power to:

(1) Prescribe by rule for the examinations of applicants for licensure to practice the classified occupation of cosmetology and issue licenses;

(2) Prescribe by rule for the inspection of cosmetology establishments and schools and appoint the necessary inspectors and examining assistants;

(3) Prescribe by rule for the inspection of establishments and schools of cosmetology [by persons licensed in cosmetology] as to their sanitary conditions and to appoint the necessary inspectors and, if necessary, examining assistants; and set the amount of the fees which this chapter authorizes and requires, by rules and regulations promulgated pursuant to section 536.021, RSMo. The fees shall be set at a level sufficient to produce revenue which shall not substantially exceed the cost and expense of administering this chapter;

(4) Employ and remove board personnel, as defined in subdivision (4) of subsection 15 of section 620.010, RSMo, as may be necessary for the efficient operation of the board, within the limitations of its appropriation;

(5) Elect one of its members president, one vice president and one secretary; and

(6) Determine the sufficiency of the qualifications of applicants.

2. The board shall create no expense exceeding the sum received from time to time from fees imposed pursuant to this chapter.

3. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority of this chapter, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after August 28, 1998. All rulemaking authority delegated prior to August 28, 1998, is of no force and effect and repealed as of August 28, 1998, however nothing in this act shall be interpreted to repeal or affect the validity of any rule adopted and promulgated prior to August 28, 1998. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028, RSMo, to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to August 28, 1998."; and



Further amend said title, enacting clause and intersectional references accordingly.



On motion of Representative Treadway, House Amendment No. 1 to Part VI of HS HCS HB 1242 was adopted.



Representative Graham (24) offered House Amendment No. 2 to Part VI of HS HCS HB 1242.



House Amendment No. 2

to

Part VI



AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 27, Section 621.046, Line 15, by inserting at the end of said line the following:



"Section 1. Cosmetologists shall not encourage, counsel or refer patients to abortion services or to any person or organization that performs abortions or counsels or refers for abortions."



Representative Lograsso raised a point of order that House Amendment No. 2 to Part VI of HS HCS HB 1242 is improperly drafted.



The Chair ruled the point of order not well taken.



On motion of Representative Graham (24), House Amendment No. 2 to Part VI of HS HCS HB 1242 was adopted.



Representative Barry offered House Amendment No. 3 to Part VI of HS HCS HB 1242.



House Amendment No. 3

to

Part VI



AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 1, Section 324.205, Line 17, by inserting immediately before said line the following:



"190.500. Notwithstanding any other provision of law to the contrary, a temporary license may be issued for no more than a twelve-month period by the appropriate licensing board to any otherwise qualified health care professional licensed in another state and who meets such other requirements as the licensing board may prescribe by rule and regulation, if the health care professional:

(1) Is acting pursuant to federal military orders under Title X for active duty personnel or Title [XXII] XXXII for military reservists; and



(2) Is enrolled in an accredited training program for trauma treatment and disaster response in a hospital in this state."; and



Further amend said title, enacting clause and intersectional references accordingly.



On motion of Representative Barry, House Amendment No. 3 to Part VI of HS HCS HB 1242 was adopted.



Representative Reynolds offered House Amendment No. 4 to Part VI of HS HCS HB 1242.



House Amendment No. 4

to

Part VI



AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 27, Section 621.046, Line 15, by inserting after said line the following:



"324.630. For purposes of sections 324.630 to 324.663 of this act, the following terms mean:

(1) "Director", the director of the division of professional registration in the department of economic development;

(2) "Division", the division of professional registration of the department of economic development;

(3) "Photo therapy device", equipment that emits ultraviolet radiation used by a health care professional in the treatment of disease;

(4) "Tanning device", any equipment that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers used for tanning of the skin, including, but not limited to a sunlamp, tanning booth or tanning bed;

(5) "Tanning facility", any location, place, area, structure or business which provides persons access to any tanning device for a fee.

324.633. No person shall operate a tanning facility without a license issued by the director. All licenses issued by the division and every renewal of such license shall be conspicuously displayed in the tanning facility.

324.646. 1. A tanning facility shall give each customer a written statement warning that:

(1) Not wearing the eye protection provided to the customer by the tanning facility may cause damage to the eyes;

(2) Over exposure causes burns;

(3) Repeated exposure may cause premature aging of the skin and skin cancer;

(4) Abnormal skin sensitivity or burning may be caused by certain:

(a) Foods;

(b) Cosmetics;

(c) Medications, including but not limited to, the following:

a. Tranquilizers;

b. Diuretics;

c. Antibiotics;

d. High blood pressure medicines;

e. Birth control pills;

(5) Any person taking a prescription or over-the-counter drug should consult a physician before using a tanning device;

2. A tanning facility shall post a warning sign in any area where a tanning device is used. The sign shall read as follows:

DANGER: ULTRAVIOLET RADIATION

Follow instructions.

Avoid too frequent or too lengthy exposure. As with natural sunlight, exposure can cause eye and skin injury and allergic reactions. Repeated exposure may cause chronic sun damage characterized by wrinkling, dryness, fragility and bruising of the skin, and skin cancer.

Wear protective eyewear.

FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.

Ultraviolet radiation from sun lamps will aggravate the effects of the sun. Therefore, do not sunbathe before or after exposure to ultraviolet radiation.

Medication or cosmetics may increase your sensitivity to ultraviolet radiation. Consult a physician before using a tanning device if you are using medications, have a history of skin problems, or believe you are especially sensitive to sunlight. Pregnant women or women on birth control pills who use this product may develop discolored skin.

IF YOU DO NOT TAN IN THE SUN YOU WILL NOT TAN FROM USE OF THIS DEVICE.

3. A tanning facility shall not claim, or distribute promotional materials that claim, that using a tanning device is safe or free from risk.

4. The liability of a tanning facility operator or a manufacturer of a tanning device is not changed by giving the warning as provided in subsection 2 of this section.

324.649. 1. A tanning facility shall:

(1) Have an operator present during operating hours who is sufficiently knowledgeable in the correct operation of the tanning devices used at the facility so that he or she is able to inform and assist each customer in the proper use of the tanning devices;

(2) Before each use of a tanning device, provide each customer with properly sanitized protective eyewear that protects the eye from ultraviolet radiation and allows adequate vision to maintain balance; and not allow a person to use a tanning device if that person does not use the protective eyewear;

(3) Show each customer how to use suitable physical aids, such as handrails and markings on the floor, to maintain proper exposure distance as recommended by the manufacturer;

(4) Use a timer that has an accuracy of plus or minus ten percent of any selected timer interval;

(5) Limit each customer to the maximum exposure time as recommended by the manufacturer; and

(6) Control the interior temperature of a tanning facility so that it does not exceed one hundred degrees Fahrenheit.

2. Every person who uses a tanning facility shall sign a written statement acknowledging that he or she has read and understood the warnings provided in section 324.633 before using the device and agrees to use the protective eyewear that the tanning facility provides. The statement of acknowledgment shall be retained by the tanning facility until the end of the calendar year at which time each person who is a current customer of the facility shall be required to renew such acknowledgment.

3. Whenever using a tanning device a person shall use the protective eyewear that the tanning facility provides.

4. Before any person between the ages of fourteen and eighteen uses a tanning device, he or she shall give the tanning facility a statement signed by his or her parent or legal guardian stating that the parent or legal guardian has read and understood the warnings given by the tanning facility, consents to the minor's use of a tanning device, and agrees that the minor will use the protective eyewear that the tanning facility provides.

5. A person under the age of fourteen shall be accompanied by a parent or legal guardian when using a tanning device.

6. All tanning devices used by a tanning facility shall comply with all applicable federal laws and regulations.

324.652. 1. The director shall promulgate rules and regulations relative to the hygienic practice of tanning facilities and sanitary operations of tanning facilities. Such rules and regulations shall include:

(1) Standards of hygiene to be met and maintained by the tanning facilities in order to receive and maintain a license to operate a tanning facility;

(2) Procedures to be used to grant, revoke or reinstate a license;

(3) Inspection of tanning facilities; and

(4) Any other matter necessary for the administration of sections 324.630 to 324.663.

2. No rule or portion of a rule promulgated pursuant to the authority of sections 324.630 to 324.663 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.

324.655. The provisions of sections 324.630 to 324.663 shall not apply to a photo therapy device used by or under the direct supervision of a licensed physician who is trained in the use of photo therapy devices.

324.658. 1. The division shall set by rule the appropriate amount of fees authorized pursuant to sections 324.630 to 324.663. The fees shall be set at a level to produce revenue which shall not exceed the cost and expense of administering the provisions of sections 324.630 to 324.663. All funds received by the division pursuant to the provisions of sections 324.630 to 324.663 shall be collected by the director who shall transmit the funds to the department of revenue for deposit in the state treasury to the credit of the "Tanning Facility Fund" which is hereby created.

2. The provisions of section 33.080, RSMo, to the contrary notwithstanding, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds three times the amount of the appropriation from the tanning facility fund for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the tanning facility fund for the preceding fiscal year.

3. No licensing activity or other statutory requirements shall become effective until expenditures or personnel are specifically appropriated for the purpose of conducting the business as required to administer the provisions of sections 324.630 to 324.663 and the initial rules filed have become effective. The director of the division of professional registration shall have the authority to borrow funds from any agency within the division to commence operations upon appropriation for such purpose. This authority shall cease at such time that a sufficient fund has been established by the agency to fund its operations and repay the amount borrowed.

324.660. The division shall employ, within the funds appropriated, such employees as are necessary to carry out the provisions of sections 324.630 to 324.663.

324.663. Any person who violates any provision of sections 324.630 to 324.663 is guilty of a class C misdemeanor."; and



Further amend said title, enacting clause and intersectional references accordingly.



Representative Loudon raised a point of order that House Amendment No. 4 to Part VI of HS HCS HB 1242 goes beyond the scope of the bill.



The Chair ruled the point of order not well taken.



Representative Reynolds moved that House Amendment No. 4 to Part VI of HS HCS HB 1242 be adopted.



Which motion was defeated.



Representative Griesheimer offered House Amendment No. 5 to Part VI of HS HCS HB 1242.



House Amendment No. 5

to

Part VI



AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 27, Section 621.046, Line 15, by inserting immediately after said line the following:



"214.275. 1. No endowed care or nonendowed care cemetery shall be operated in this state unless the owner or operator thereof has a certificate of authority issued by the division and complies with all applicable state, county or municipal ordinances and regulations.

2. [The cemetery complies with all applicable state, county or municipal ordinances and regulations. ] It shall not be unlawful for a person, who does not have a certificate of authority, to care for or maintain the cemetery premises, or to fulfill prior contractual obligations for the interment of human remains in burial spaces.

3. [The division shall grant or deny each application for a certificate of authority pursuant to this section within thirty days after it is filed, and no prosecution of any person who has filed an application for such certificate shall be initiated unless it is shown that such application was duly denied by the division and that the owner was duly notified thereof. ] Applications for a certificate of authority shall be in writing, submitted to the division on forms prescribed by the division. The application shall contain such information, as the division deems necessary, and be accompanied by the required fees.

4. [The division may refuse to renew or may suspend or revoke any certificate pursuant to sections 214.270 to 214.516 if it finds, after hearing, that the cemetery does not meet the requirements set forth in sections 214.270 to 214.516 as conditions for the issuance of a certificate, or for the violation by the owner of the cemetery of any of the provisions of section 214.276. No new certificate shall be issued to the owner of a cemetery or to any corporation controlled by such owner for three years after the revocation of the certificate of the owner or of a corporation controlled by the owner. Before any action is taken pursuant to this subsection, the procedure for notice and hearing as prescribed by section 214.276 shall be followed.] Each certificate of authority issued pursuant to sections 214.270 to 214.516 shall be renewed every two years prior to the certificate renewal date established by the division. The division shall issue a new certificate of authority upon receipt of a proper renewal application and the required renewal fee. The division shall mail a renewal notice to the last known address of the holder of the certificate of authority prior to the renewal date. The holder of a certificate of authority shall keep the division advised of the holder's current address. The certificate of authority issued to the owner or operator of a cemetery which is not renewed within three months after the certificate renewal date shall be suspended automatically, subject to the right of the holder to have the suspended certificate of authority reinstated within nine months of the date of suspension if the person pays the required reinstatement fee. Any certificate of authority suspended and not reinstated within nine months of the suspension shall expire and be void and the holder of such certificate shall have no rights or privileges provided to holders of valid certificates. Any person whose certificate of authority has expired may, upon demonstration of current qualifications and payment of required fees, be reregistered or reauthorized under the person's original certificate of authority number.

5. The division shall grant or deny each application for a certificate of authority pursuant to this section within ninety days after it is filed, and no prosecution of any person who has filed an application for such certificate shall be initiated unless it is shown that such application was duly denied by the division and that the owner was duly notified thereof.

6. Upon the filing of a completed application, as defined by rule, the applicant may operate the business until its application is acted upon by the division.

7. Within thirty days after the sale or transfer of ownership or control of a cemetery, the transferor must return its certificate of authority to the division. A prospective purchaser or transferee of a cemetery, must file an application for a certificate of authority, at least thirty days, prior to the sale or transfer of ownership or control of a cemetery and shall be in compliance with sections 214.270 to 214.516.

214.276. 1. The division may refuse to issue or renew any certificate of registration or authority, required pursuant to sections 214.270 to 214.516 for one or any combination of causes stated in subsection 2 of this section. The division shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of his or her right to file a complaint with the administrative hearing commission as provided by chapter 621, RSMo.

2. The division may cause a complaint to be filed with the administrative hearing commission as provided in chapter 621, RSMo, against any holder of any certificate of registration or authority, required by sections 214.270 to 214.516 or any person who has failed to surrender his or her certificate of registration or authority, for any one or any combination of the following causes:

(1) Use of any controlled substance, as defined in chapter 195, RSMo, or alcoholic beverage to an extent that such use impairs a person's ability to perform the work of any profession licensed or regulated by sections 214.270 to 214.516;

(2) The person has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution pursuant to the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions or duties of any profession licensed or regulated pursuant to sections 214.270 to 214.516, for any offense an essential element of which is fraud, dishonesty or an act of violence, or for any offense involving moral turpitude, whether or not sentence is imposed;

(3) Use of fraud, deception, misrepresentation or bribery in securing any certificate of registration or authority, issued pursuant to sections 214.270 to 214.516 or in obtaining permission to take any examination given or required pursuant to sections 214.270 to 214.516;

(4) Obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation;



(5) Incompetence, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performance of the functions or duties of any profession regulated by sections 214.270 to 214.516;

(6) Violation of, or assisting or enabling any person to violate, any provision of sections 214.270 to 214.516, or any lawful rule or regulation adopted pursuant to sections 214.270 to 214.516;

(7) Impersonation of any person holding a certificate of registration or authority, or allowing any person to use his or her certificate of registration or authority;

(8) Disciplinary action against the holder of a certificate or other right to practice any profession regulated by sections 214.270 to 214.516 granted by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized in this state;

(9) A person is finally adjudged insane or incompetent by a court of competent jurisdiction;

(10) Assisting or enabling any person to practice or offer to practice any profession licensed or regulated by sections 214.270 to 214.516 who is not registered and currently eligible to practice pursuant to sections 214.270 to 214.516;

(11) Issuance of a certificate of registration or authority based upon a material mistake of fact;

(12) Failure to display a valid certificate;

(13) Violation of any professional trust or confidence;

(14) Use of any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed;

(15) Violation of any of the provisions of sections 214.270 to 214.516;

(16) Willfully and through undue influence selling a cemetery lot, services or merchandise.

3. After the filing of such complaint, the proceedings shall be conducted in accordance with the provisions of chapter 621, RSMo. Upon a finding by the administrative hearing commission that the grounds, provided in subsection 2 of this section, for disciplinary action are met, the [board] division may singly or in combination, censure or place the person named in the complaint on probation on such terms and conditions as the division deems appropriate for a period not to exceed five years, or may suspend, or revoke the certificate or permit. No new certificate shall be issued to the owner of a cemetery or to any corporation controlled by such owner for three years after the revocation of the certificate of the owner or of a corporation controlled by the owner.

4. Operators of all existing endowed care or nonendowed care cemeteries shall, prior to August twenty-eighth following the effective date of this section, apply for a certificate of authority pursuant to this section. All endowed care or nonendowed care cemeteries operating in compliance with sections 214.270 to 214.516 prior to August twenty-eighth following the effective date of this section shall be granted a certificate of authority by the division upon receipt of application.

5. The division may settle disputes arising under subsection 2 and 3 of this section by consent agreement or settlement agreement between the division and the holder of a certificate of authority. Within such a settlement agreement, the division may singly or in combination, impose any discipline or penalties allowed under this section or subsection 4 of section 214.410. Settlement of these disputes shall be entered into pursuant to the procedures set forth in section 621.045, RSMo.

214.367. A prospective purchaser or transferee of any endowed care cemetery, with the written consent of the cemetery operator, may obtain a copy of the cemetery's most recent audit or inspection report from the division. [The division shall inform the prospective purchaser, within thirty days, whether the cemetery may continue to operate and be represented as an endowed care cemetery.]

214.392. 1. The division shall:

(1) Recommend prosecution for violations of the provisions of sections 214.270 to 214.410 to the appropriate prosecuting, circuit attorney or to the attorney general;

(2) Employ, within limits of the funds appropriated, such employees as are necessary to carry out the provisions of sections 214.270 to 214.410;

(3) Be allowed to convey full authority to each city or county governing body the use of inmates controlled by the department of corrections and the board of probation and parole to care for abandoned cemeteries located within the boundaries of each city or county;

(4) Exercise all budgeting, purchasing, reporting and other related management functions;

(5) [Promulgate such rules and regulations as are necessary to administer the inspection and audit provisions of the endowed care cemetery law and as are necessary for the establishment and maintenance of the cemetery registry pursuant to section 214.280. ] The division may promulgate rules and regulations necessary to administer the provisions of 214.270 to 214.516 including but not limited to:

(a) Rules setting the amount of fees which are authorized pursuant to sections 214.270 to 214.516. The fees shall be set at a level to produce revenue which shall not substantially exceed the cost and expense of administering sections 214.270 to 214.516. All funds received by the division pursuant to the provisions of sections 214.270 to 214.516 shall be collected by the director who shall transmit the funds to the department of revenue for deposit in the state treasury to the credit of the Endowed Care Cemetery Audit Fund as created in section 193.265;

(b) Rules to administer the inspection and audit provisions of the endowed care cemetery law;

(c) Rules for the establishment and maintenance of the cemetery registry pursuant to section 214.280. 2. [No rule or portion of a rule promulgated under the authority of this chapter shall become effective until it has been approved by the joint committee on administrative rules in accordance with the procedures provided herein, and the delegation of the legislative authority to enact law by the adoption of such rules is dependent upon the power of the joint committee on administrative rules to review and suspend rules pending ratification by the senate and the house of representatives as provided herein.

3. Upon filing any proposed rule with the secretary of state, the filing agency shall concurrently submit such proposed rule to the committee, which may hold hearings upon any proposed rule or portion thereof at any time.

4. A final order of rulemaking shall not be filed with the secretary of state until thirty days after such final order of rulemaking has been received by the committee. The committee may hold one or more hearings upon such final order of rulemaking during the thirty-day period. If the committee does not disapprove such order of rulemaking within the thirty-day period, the filing agency may file such order of rulemaking with the secretary of state and the order of rulemaking shall be deemed approved.

5. The committee may, by majority vote of the members, suspend the order of rulemaking or portion thereof by action taken prior to the filing of the final order of rulemaking only for one or more of the following grounds:

(1) An absence of statutory authority for the proposed rule;

(2) An emergency relating to public health, safety or welfare;

(3) The proposed rule is in conflict with state law;

(4) A substantial change in circumstance since enactment of the law upon which the proposed rule is based.

6. If the committee disapproves any rule or portion thereof, the filing agency shall not file such disapproved portion of any rule with the secretary of state and the secretary of state shall not publish in the Missouri Register any final order of rulemaking containing the disapproved portion.

7. If the committee disapproves any rule or portion thereof, the committee shall report its findings to the senate and the house of representatives. No rule or portion thereof disapproved by the committee shall take effect so long as the senate and the house of representatives ratify the act of the joint committee by resolution adopted in each house within thirty legislative days after such rule or portion thereof has been disapproved by the joint committee.

8. Upon adoption of a rule as provided herein, any such rule or portion thereof may be suspended or revoked by the general assembly either by bill or, pursuant to section 8, article IV of the constitution, by concurrent resolution upon recommendation of the joint committee on administrative rules. The committee shall be authorized to hold hearings and make recommendations pursuant to the provisions of section 536.037, RSMo. The secretary of state shall publish in the Missouri Register, as soon as practicable, notice of the suspension or revocation.] No rule or portion of a rule promulgated under the authority of sections 214.270 to 214.516 shall become effective unless it has been promulgated pursuant to the applicable rulemaking procedures set forth in Chapter 536, RSMo."; and



Further amend title and enacting clause accordingly.



On motion of Representative Griesheimer, House Amendment No. 5 to Part VI of HS HCS HB 1242 was adopted.



Representative Kissell offered House Amendment No. 6 to Part VI of HS HCS HB 1242.











House Amendment No. 6

to

Part VI



AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 27, Section 621.046, Line 15, by inserting immediately after said line the following:



"Section 1. No person shall tattoo, brand or perform body piercing on the genitals or female breast of another person if the other person is under the age of eighteen, with or without the prior written informed consent of the minor's parent or legal guardian. Violation of this section is a class A misdemeanor."



On motion of Representative Kissell, House Amendment No. 6 to Part VI of HS HCS HB 1242 was adopted.



Representative Lograsso offered House Amendment No. 7 to Part VI of HS HCS HB 1242.



House Amendment No. 7

to

Part VI



AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 27, Section 621.046, Line 1, by inserting between "attorney" and "and" the words "paid for at your expense" and on line 2, immediately following the word "present" by adding the words "during such interview or questioning"; and



Further amend said bill and page, Line 7, by inserting between "any" and "notice" the word "additional" and delete lines 11 through 13 of said page.



On motion of Representative Lograsso, House Amendment No. 7 to Part VI of HS HCS HB 1242 was adopted.



Representative Van Zandt offered House Amendment No. 8 to Part VI of HS HCS HB 1242.



House Amendment No. 8

to

Part VI



AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 27, Section 621.046, Line 15, by inserting immediately after the "period" on said line the following:



"Section 1. Tanning facility operators shall not encourage, counsel or refer patients to abortion services or to any person or organization that performs abortions or counsels or refers for abortions."



On motion of Representative Van Zandt, House Amendment No. 8 to Part VI of HS HCS HB 1242 was adopted.



Representative Ostmann offered House Amendment No. 9 to Part VI of HS HCS HB 1242.







House Amendment No. 9

to

Part VI



AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 1, In the Title, Line 6, by striking the word "ten" and inserting in lieu thereof the word "eleven"; and



Further amend said bill, Page 1, Section A, Line 13, by striking the word "ten" and inserting in lieu thereof the word "eleven"; and



Further amend said bill, Page 1, Section A, Line 15, by striking "and 621.046" and inserting in lieu thereof the following: ", 621.046 and 1"; and



Further amend said bill, Page 27, Section 621.046, Line 15 of said page, by inserting immediately after said line the following:



"Section 1. 1. A person commits the crime of genital mutilation if such person:

(1) Excises or infibulates, in whole or in part, the labia majora, labia minora, vulva or clitoris of a female child less than seventeen years of age; or

(2) Is a parent, guardian or other person legally responsible for a female child less than seventeen years of age and permits the excision or infibulation, in whole or in part, of the labia majora, labia minora, vulva or clitoris of such female child.

2. Genital mutilation is a class B felony.

3. Belief that the conduct described in subsection 1 of this section is required as a matter of custom, ritual or standard practice, or consent to the conduct by the child on whom it is performed or by the child's parent or legal guardian, shall not be an affirmative defense to a charge pursuant to this section.

4. It is an affirmative defense that the defendant engaged in the conduct charged which constitutes genital mutilation if the conduct was:

(1) Necessary to preserve the health of the child on whom it is performed and is performed by a person licensed to practice medicine in this state; or

(2) Performed on a child who is in labor or who has just given birth and is performed for medical purposes connected with such labor or birth by a person licensed to practice medicine in this state pursuant to the provisions of chapter 324, RSMo."; and



Further amend said title, enacting clause and intersectional references accordingly.



On motion of Representative Ostmann, House Amendment No. 9 to Part VI of HS HCS HB 1242 was adopted.



Representative Hegeman offered House Amendment No. 10 to Part VI of HS HCS HB 1242.



Representative Harlan raised a point of order that House Amendment No. 10 to Part VI of HS HCS HB 1242 goes beyond the scope of the bill.



The Chair ruled the point of order well taken.



Representative Holand offered House Amendment No. 10 to Part VI of HS HCS HB 1242.



.

House Amendment No. 10

to

Part VI



AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 1, In the Title, Line 4, by striking "and 334.735" and inserting in lieu thereof the following: ", 334.735 and 632.560"; and



Further amend said bill, Page 1, In the Title, Line 6, by striking the word "ten" and inserting in lieu thereof the word "eleven"; and



Further amend said bill, Page 1, Section A, Lines 12 and 13, by striking all of said lines and inserting in lieu thereof the following:



"324.205, 324.212, 324.217, 324.522, 331.050 and 632.560, RSMo Supp. 1999, are repealed and eleven new sections enacted in lieu thereof, to be"; and



Further amend said bill, Page 1, Section A, Line 15, by striking "and 621.046" and inserting in lieu thereof the following: ", 621.046 and 632.560"; and



Further amend said bill, Page 27, Section 621.046, Line 15, by inserting immediately after said line the following:



"632.560. 1. As used in this section, "mental health care provider" means any person licensed pursuant to chapter 334, RSMo, chapter 335, RSMo, or chapter 337, RSMo.

2. To provide repressed memory therapy, recovered memory therapy, reparenting therapy or multiple personality disorder treatment, a person shall be a mental health care provider as defined in subsection 1 of this section and must obtain written informed consent."; and



Further amend said title, enacting clause and intersectional references accordingly.



On motion of Representative Holand, House Amendment No. 10 to Part VI of HS HCS HB 1242 was adopted.



Representative Gross offered House Amendment No. 11 to Part VI of HS HCS HB 1242.



Representative Treadway raised a point of order that House Amendment No. 11 to Part VI of HS HCS HB 1242 goes beyond the scope of the bill.



The Chair ruled the point of order well taken.



Representative Levin offered House Amendment No. 11 to Part VI of HS HCS HB 1242.



House Amendment No. 11

to

Part VI



AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 27, Section 621.046, Line 15, by inserting immediately after said line the following:



"Section 1. At the time an appointment with a physician is made for a patient, the physician's office personnel shall disclose by whom the patient will be seen on the date of the appointment."



Representative Levin moved that House Amendment No. 11 to Part VI of HS HCS HB 1242 be adopted.



Which motion was defeated.



Representative Bennett offered House Amendment No. 12 to Part VI of HS HCS HB 1242.



House Amendment No. 12

to

Part VI



AMEND House Substitute for House Committee Substitute for House Bill No. 1242, Page 27, Section 621.046, Line 15, by inserting immediately after said line the following:



"334.103. 1. The license of a physician shall be automatically revoked at such time as the final trial proceedings are concluded whereby a physician has been adjudicated and found guilty, or has entered a plea of guilty or nolo contendere, in a felony criminal prosecution [under] pursuant to the laws of the state of Missouri, the laws of any other state, or the laws of the United States of America for any offense reasonably related to the qualifications, functions or duties of a physician, or for any felony offense, an essential element of which is fraud, dishonesty or an act of violence, or for any felony offense involving moral turpitude, whether or not sentence is imposed, or, upon the final and unconditional revocation of the license of a physician to practice the healing arts in another state or territory upon grounds for which revocation is authorized in this state following a review of the record of the proceedings and upon a formal motion of the state board of registration for the healing arts. The license of any such physician shall be automatically reinstated if the conviction or the revocation is ultimately set aside upon final appeal in any court of competent jurisdiction.

2. Anyone who has been denied a license, permit or certificate to practice in another state shall automatically be denied a license to practice in this state. However, the board of healing arts may set up other qualifications by which such person may ultimately be qualified and licensed to practice in Missouri.

3. The license of a physician shall be automatically revoked at such time as such physician is found guilty or has entered a plea of guilty or nolo contendere in a prosecution pursuant to the laws of any state or the laws of the United States or any territory of the United States for assisting in a suicide or if there is clear and convincing evidence that the physician assisted in a suicide in any jurisdiction whether or not it is a criminal offense for a physician to assist in a suicide in such jurisdiction. Nothing in this subsection shall be construed to apply to any physician concerning the treatment of a patient when such physician is following the directions in a living will or durable power of attorney for health care decisions or to any physician who participates in an execution on behalf of the department of corrections."; and



Further amend said substitute, Page 27, Section 621.046, Line 15, by inserting immediately after said line the following:



565.265. For the purposes of sections 565.265 to 565.274 and section 334.103, RSMo, the following terms mean:

(1) "Licensed health care professional", a physician and surgeon, podiatrist, osteopath physician and surgeon, physician assistant, nurse, dentist or pharmacist licensed pursuant to the laws of Missouri;

(2) "Suicide", the act or instance of taking one's own life voluntarily and intentionally.

565.268. 1. A person who knowingly by force or duress causes another person to commit or attempt to commit suicide is guilty of a class B felony.

2. A person is guilty of a class B felony when the person, with the purpose of assisting another person to commit or to attempt to commit suicide, knowingly either:

(1) Provides the physical means by which another person commits or attempts to commit suicide; or

(2) Participates in a physical act by which another person commits or attempts to commit suicide.

565.271. 1. A licensed health care professional who administers, prescribes or dispenses medications or procedures to relieve another person's pain or discomfort, even if the medication or procedures may hasten or increase the risk of death, does not violate section 565.268 unless the medications or procedures are knowingly administered, prescribed or dispensed to cause death.

2. Withholding or withdrawal of a life-sustaining procedure does not violate section 565.268.

565.274. 1. A cause of action for injunctive relief may be maintained against any person who is reasonably believed to be about to violate or who is in the course of violating section 565.268 by any person who is:

(1) The spouse, parent, child or sibling of the person who would commit suicide;

(2) Entitled to inherit from the person who would commit suicide;

(3) A health care provider of the person who would commit suicide;

(4) A public official with appropriate jurisdiction to prosecute or enforce the laws of this state.

2. Reasonable attorneys' fees shall be awarded to the prevailing party in a civil action brought pursuant to this section.



Representative Bennett moved that House Amendment No. 12 to Part VI of HS HCS HB 1242 be adopted.



Which motion was defeated.



On motion of Representative Treadway, Part VI of HS HCS HB 1242, as amended, was adopted.



On motion of Representative Treadway, HS HCS HB 1242, as amended, was adopted.



On motion of Representative Treadway, HS HCS HB 1242, as amended, was ordered perfected and printed.



HB 1238, relating to Kansas City delinquent property taxes, was taken up by Representative Hoppe.



Representative Hoppe offered HS HB 1238.



Representative Kennedy offered House Amendment No. 1.



House Amendment No. 1



AMEND House Substitute for House Committee Substitute for House Bill No. 1238, Page 8, Section 67.410, Line 20 of said page, by inserting after all of said line the following:



"100.331. 1. Notwithstanding the provisions of section 100.330 or any other provision of law to the contrary, beginning August 28, 2000, the number of commissioners in any city not within a county shall be five; provided that, by the process of attrition the number of commissioners shall be reduced from fifteen to five by the expiration of the terms of currently serving commissioners and nonreplacement of any vacancies. Commissioners shall be appointed for a term of four years each. All commissioners shall be appointed by the mayor of any such city, shall be taxpayers of the city, and shall have resided in the city for five years immediately prior to their appointment. All vacancies shall be filled by the mayor of the city for the unexpired term, subsequent to the time the number of commissioners is reduced to five by attrition.

2. At any time, the governing body of a city not within a county may adopt a plan of consolidation to combine the planned industrial expansion authority of such city with the land reutilization authority of such city."; and



Further amend said title, enacting clause and intersectional references accordingly.

On motion of Representative Kennedy, House Amendment No. 1 was adopted.



Representative Hoppe offered House Amendment No. 2.



House Amendment No. 2



AMEND House Substitute for House Committee Substitute for House Bill No. 1238, Page 12, Line 24, to Page 14, Line 15, Section 141.530, by deleting all of said section; and



Further amend said bill, Page 14, Line 16 to Page 15, Line 30, Section 141.530, by deleting all of said section; and



Further amend said title, enacting clause and intersectional references accordingly.



On motion of Representative Hoppe, House Amendment No. 2 was adopted.



On motion of Representative Hoppe, HS HB 1238, as amended, was adopted.



On motion of Representative Hoppe, HS HB 1238, as amended, was ordered perfected and printed.



HB 1472, relating to juvenile information, was placed on the Informal Calendar.



HCS HB 1481, relating to title insurance, was taken up by Representative Smith.



Representative Smith offered HS HCS HB 1481.



Representative Smith offered House Amendment No. 1.



House Amendment No. 1



AMEND House Substitute for House Committee Substitute for House Bill No. 1481, Section 381.018, Page 14, Line 20 of said page, by deleting the words "other than" and by inserting in lieu thereof the words "in addition to"; and



Further amend said section, Page 15, Line 13 of said page, by deleting the word "written"; and



Further amend said bill, Section 381.048, Page 24, Line 17 of said page, by deleting the words "or attorney general"; and



Further amend said bill, Section 381.075, Page 32, Lines 21 through 24 of said page, by deleting said lines and by inserting in lieu thereof the following:



"381.075. 1. Sections 375.570 to 375.750 and sections 375.1150 to 375.1246 shall apply to all title insurers subject to the title insurance act, except as otherwise provided in this section. In applying such sections,".



On motion of Representative Smith, House Amendment No. 1 was adopted.



Representative Kennedy offered House Amendment No. 2.



Representative Smith raised a point of order that House Amendment No. 2 goes beyond the scope of the bill.



The Chair ruled the point of order not well taken.



Representative Gibbons offered House Substitute Amendment No. 1 for House Amendment No. 2.



Representative Kennedy raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 2 is not a true substitute amendment.



The Chair ruled the point of order not well taken.



House Substitute Amendment No. 1 for House Amendment No. 2 was withdrawn.



House Amendment No. 2 was withdrawn.



On motion of Representative Smith, HS HCS HB 1481, as amended, was adopted.



On motion of Representative Smith, HS HCS HB 1481, as amended, was ordered perfected and printed.



On motion of Representative Crump, the House recessed until 8:00 p.m.



EVENING SESSION



The hour of recess having expired, the House was called to order by Speaker Gaw.



COMMITTEE REPORT



Committee on Rules, Joint Rules and Bills Perfected and Printed, Chairman Crump reporting:



Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred HS HCS HBs 1172, 1501, 1633, 1440, 1634, 1177 and 1430, begs leave to report it has examined the same and finds it to be truly perfected and that the printed copies thereof furnished the members are correct.



THIRD READING OF HOUSE BILLS - CONSENT



HB 1085, relating to standards for mental health facilities, was taken up by Representative Selby.



Representative Lograsso offered House Perfecting Amendment No. 1.



House Perfecting Amendment No. 1



AMEND House Bill No. 1085, Page 2, Section 630.705, Line 27, by adding the following after the word "Accreditation": "of Services for Children and Families, Inc."



On motion of Representative Lograsso, House Perfecting Amendment No. 1 was adopted.



On motion of Representative Selby, HB 1085, as amended, was read the third time and passed by the following vote:



AYES: 089



Abel Auer Backer Barry 100 Berkowitz

Blunt Bonner Boucher 48 Boykins Bray 84

Britt Burton Campbell Clayton Crump

Curls Davis 122 Davis 63 Days Dougherty

Farnen Fitzwater Foley Ford Franklin

Fraser Gambaro George Graham 24 Gratz

Green Griesheimer Gunn Hagan-Harrell Hampton

Harlan Hickey Hilgemann Hollingsworth Hoppe

Hosmer Kelly 27 Kennedy Kissell Koller

Kreider Lakin Lawson Leake Liese

Luetkenhaus May 108 Mays 50 McBride McKenna

McLuckie Merideth Monaco Murray O'Connor

O'Toole Overschmidt Parker Ransdall Relford

Reynolds Riley Rizzo Scheve Schilling

Seigfreid Selby Shelton Skaggs Smith

Surface Thompson Townley Treadway Troupe

Van Zandt Wagner Ward Wiggins Williams 121

Williams 159 Wilson 25 Wilson 42 Mr. Speaker



NOES: 053



Akin Alter Ballard Barnett Bartelsmeyer

Bartle Bennett Boatright Champion Chrismer

Cierpiot Crawford Dolan Elliott Enz

Foster Froelker Gaskill Gibbons Hanaway

Hartzler 123 Hartzler 124 Hegeman Hendrickson Hohulin

Kasten Kelley 47 King Legan Luetkemeyer

Marble Miller Murphy Myers Naeger

Nordwald Ostmann Phillips Pouche 30 Pryor

Purgason Reinhart Richardson Ridgeway Robirds

Ross Sallee Schwab Scott Shields

Tudor Vogel Wright



PRESENT: 013



Black Evans Gross Howerton Klindt

Levin Linton Lograsso Long Loudon

Patek Reid Summers



ABSENT WITH LEAVE: 006



Berkstresser Graham 106 Holand McClelland Secrest

Stokan



VACANCIES: 002



Speaker Gaw declared the bill passed.



On motion of Representative Auer, title to the bill was agreed to.



Representative Barry moved that the vote by which the bill passed be reconsidered.



Representative Bray moved that motion lay on the table.



The latter motion prevailed.



HB 1396, relating to governing bodies of public universities, was taken up by Representative Farnen.



Representative Crump moved the previous question.



Which motion was adopted by the following vote:



AYES: 084



Abel Auer Backer Barry 100 Berkowitz

Bonner Boucher 48 Boykins Bray 84 Britt

Campbell Clayton Crump Curls Davis 122

Davis 63 Days Dougherty Farnen Fitzwater

Foley Ford Franklin Fraser Gambaro

George Graham 24 Gratz Green Gunn

Hagan-Harrell Hampton Harlan Hickey Hilgemann

Hollingsworth Hoppe Hosmer Kelly 27 Kennedy

Kissell Koller Kreider Lakin Lawson

Leake Liese Luetkenhaus May 108 Mays 50

McBride McKenna McLuckie Merideth Monaco

Murray O'Connor O'Toole Overschmidt Parker

Ransdall Relford Reynolds Riley Rizzo

Scheve Schilling Seigfreid Selby Shelton

Skaggs Smith Thompson Treadway Troupe

Van Zandt Wagner Ward Wiggins Williams 121

Williams 159 Wilson 25 Wilson 42 Mr. Speaker



NOES: 073



Akin Alter Ballard Barnett Bartelsmeyer

Bartle Bennett Black Blunt Boatright

Burton Champion Chrismer Cierpiot Crawford

Dolan Elliott Enz Evans Foster

Froelker Gibbons Graham 106 Griesheimer Gross

Hanaway Hartzler 123 Hartzler 124 Hegeman Hendrickson

Hohulin Holand Howerton Kasten Kelley 47

King Klindt Legan Levin Linton

Lograsso Long Loudon Luetkemeyer Marble

McClelland Miller Murphy Myers Naeger

Nordwald Ostmann Patek Phillips Pouche 30

Pryor Purgason Reid Reinhart Richardson

Ridgeway Robirds Ross Sallee Schwab

Scott Shields Summers Surface Townley

Tudor Vogel Wright



PRESENT: 000



ABSENT WITH LEAVE: 004



Berkstresser Gaskill Secrest Stokan



VACANCIES: 002



Representative Reid requested a verification of the roll call on the previous question.



On motion of Representative Farnen, HB 1396 was read the third time and passed by the following vote:



AYES: 125



Abel Auer Backer Barnett Barry 100

Bartle Bennett Berkowitz Black Bonner

Boucher 48 Boykins Bray 84 Britt Burton

Campbell Champion Cierpiot Clayton Crump

Curls Davis 122 Davis 63 Days Dougherty

Enz Evans Farnen Fitzwater Foley

Ford Franklin Fraser Froelker Gambaro

Gaskill George Gibbons Graham 106 Graham 24

Gratz Green Griesheimer Gunn Hagan-Harrell

Hampton Hanaway Harlan Hartzler 123 Hartzler 124

Hegeman Hickey Hilgemann Holand Hollingsworth

Hoppe Hosmer Howerton Kelly 27 Kennedy

King Kissell Klindt Koller Kreider

Lakin Lawson Leake Legan Liese

Luetkemeyer Luetkenhaus May 108 Mays 50 McBride

McClelland McKenna McLuckie Merideth Miller

Monaco Murray Myers Nordwald O'Connor

O'Toole Ostmann Overschmidt Parker Pouche 30

Ransdall Reinhart Relford Reynolds Richardson

Riley Rizzo Robirds Ross Sallee

Scheve Schilling Seigfreid Selby Shelton

Shields Skaggs Smith Summers Surface

Thompson Townley Treadway Troupe Tudor

Van Zandt Vogel Wagner Ward Wiggins

Williams 121 Williams 159 Wilson 25 Wilson 42 Mr. Speaker



NOES: 030



Akin Alter Ballard Bartelsmeyer Blunt

Boatright Chrismer Crawford Elliott Foster

Gross Hendrickson Hohulin Kelley 47 Levin

Linton Long Loudon Marble Murphy

Naeger Patek Phillips Pryor Purgason

Reid Ridgeway Schwab Scott Wright



PRESENT: 001



Lograsso



ABSENT WITH LEAVE: 005



Berkstresser Dolan Kasten Secrest Stokan



VACANCIES: 002



Speaker Gaw declared the bill passed.



On motion of Representative Gratz, title to the bill was agreed to.



Representative Hilgemann moved that the vote by which the bill passed be reconsidered.



Representative Kissell moved that motion lay on the table.



The latter motion prevailed.



HB 1097, relating to trespass, was taken up by Representative Hosmer.



Representative Crump moved the previous question.



Which motion was adopted by the following vote:



AYES: 082



Abel Auer Backer Barry 100 Berkowitz

Bonner Boykins Bray 84 Britt Campbell

Clayton Crump Curls Davis 122 Davis 63

Days Dougherty Farnen Fitzwater Foley

Franklin Fraser Gambaro George Graham 24

Gratz Green Gunn Hagan-Harrell Hampton

Harlan Hickey Hilgemann Hollingsworth Hoppe

Hosmer Kelly 27 Kennedy Kissell Koller

Kreider Lakin Lawson Leake Liese

Luetkenhaus May 108 Mays 50 McBride McKenna

McLuckie Merideth Monaco Murray O'Connor

O'Toole Overschmidt Parker Ransdall Relford

Reynolds Riley Rizzo Scheve Schilling

Seigfreid Selby Shelton Skaggs Smith

Thompson Treadway Troupe Van Zandt Wagner

Ward Wiggins Williams 121 Williams 159 Wilson 25

Wilson 42 Mr. Speaker



NOES: 071



Akin Alter Ballard Barnett Bartelsmeyer

Bartle Bennett Black Blunt Boatright

Burton Champion Chrismer Cierpiot Crawford

Dolan Elliott Enz Evans Foster

Froelker Gaskill Gibbons Griesheimer Gross

Hanaway Hartzler 123 Hartzler 124 Hegeman Hendrickson

Hohulin Holand Howerton Kasten Kelley 47

King Klindt Legan Levin Lograsso

Long Loudon Luetkemeyer Marble McClelland

Miller Murphy Myers Naeger Nordwald

Ostmann Patek Phillips Pouche 30 Pryor

Purgason Reid Reinhart Richardson Ridgeway

Robirds Ross Sallee Schwab Shields

Summers Surface Townley Tudor Vogel

Wright



PRESENT: 000



ABSENT WITH LEAVE: 008



Berkstresser Boucher 48 Ford Graham 106 Linton

Scott Secrest Stokan



VACANCIES: 002



Representative Reid requested a verification of the roll call on the previous question.



On motion of Representative Hosmer, HB 1097 was read the third time and passed by the following vote:



AYES: 138



Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartle Bennett

Berkowitz Black Blunt Bonner Boucher 48

Boykins Bray 84 Britt Burton Campbell

Champion Chrismer Cierpiot Clayton Crawford

Crump Curls Davis 122 Davis 63 Days

Dolan Dougherty Enz Evans Farnen

Fitzwater Foley Foster Franklin Fraser

Froelker Gambaro Gaskill George Gibbons

Graham 106 Graham 24 Gratz Green Griesheimer

Gross Gunn Hagan-Harrell Hampton Hanaway

Harlan Hartzler 123 Hartzler 124 Hegeman Hendrickson

Hickey Hilgemann Holand Hollingsworth Hoppe

Hosmer Kasten Kelley 47 Kelly 27 Kennedy

King Kissell Klindt Koller Lakin

Lawson Leake Liese Long Loudon

Luetkemeyer Luetkenhaus May 108 Mays 50 McClelland

McKenna McLuckie Merideth Miller Monaco

Murphy Murray Myers Naeger Nordwald

O'Connor O'Toole Ostmann Overschmidt Parker

Pouche 30 Pryor Purgason Ransdall Reid

Reinhart Relford Reynolds Riley Rizzo

Robirds Ross Sallee Scheve Schilling

Schwab Seigfreid Selby Shelton Shields

Skaggs Smith Summers Surface Thompson

Townley Treadway Troupe Tudor Van Zandt

Wagner Ward Wiggins Williams 121 Williams 159

Wilson 25 Wilson 42 Mr. Speaker



NOES: 012



Bartelsmeyer Boatright Elliott Hohulin Howerton

Legan Levin Lograsso Marble Phillips

Ridgeway Wright



PRESENT: 000



ABSENT WITH LEAVE: 011



Berkstresser Ford Kreider Linton McBride

Patek Richardson Scott Secrest Stokan

Vogel



VACANCIES: 002



Speaker Gaw declared the bill passed.



On motion of Representative Bonner, title to the bill was agreed to.



Representative Boucher moved that the vote by which the bill passed be reconsidered.



Representative Campbell moved that motion lay on the table.



The latter motion prevailed.



Representative Reid requested a verification of the roll call on Third Reading and Final Passage of HB 1097.



Representative Crump moved that Rule 92 be suspended until 3:00 a.m., Thursday, March 30, 2000.



Representative Crump moved the previous question.



Which motion was adopted by the following vote:

AYES: 083



Abel Auer Backer Barry 100 Berkowitz

Bonner Boucher 48 Boykins Bray 84 Britt

Campbell Clayton Crump Curls Davis 122

Davis 63 Days Dougherty Farnen Fitzwater

Foley Ford Franklin Fraser Gambaro

George Graham 24 Gratz Green Gunn

Hagan-Harrell Hampton Harlan Hickey Hilgemann

Hollingsworth Hoppe Hosmer Kelly 27 Kennedy

Kissell Koller Kreider Lakin Lawson

Leake Liese Luetkenhaus May 108 Mays 50

McBride McKenna McLuckie Monaco Murray

O'Connor O'Toole Overschmidt Parker Ransdall

Relford Reynolds Riley Rizzo Scheve

Schilling Seigfreid Selby Shelton Skaggs

Smith Thompson Treadway Troupe Van Zandt

Wagner Ward Wiggins Williams 121 Williams 159

Wilson 25 Wilson 42 Mr. Speaker



NOES: 074



Akin Alter Ballard Barnett Bartelsmeyer

Bartle Bennett Black Blunt Boatright

Burton Champion Chrismer Cierpiot Crawford

Dolan Elliott Enz Evans Foster

Froelker Gaskill Gibbons Graham 106 Griesheimer

Gross Hanaway Hartzler 123 Hartzler 124 Hegeman

Hendrickson Hohulin Holand Howerton Kasten

Kelley 47 King Klindt Legan Levin

Lograsso Long Loudon Luetkemeyer Marble

McClelland Merideth Miller Murphy Myers

Naeger Nordwald Ostmann Patek Phillips

Pouche 30 Pryor Purgason Reid Reinhart

Richardson Ridgeway Robirds Ross Sallee

Schwab Scott Shields Summers Surface

Townley Tudor Vogel Wright



PRESENT: 000



ABSENT WITH LEAVE: 004



Berkstresser Linton Secrest Stokan



VACANCIES: 002



Representative Scott requested a verification of the roll call on the motion to suspend Rule 92 until 3:00 a.m., Thursday, March 30, 2000.



The motion to suspend Rule 92 until 3:00 a.m., Thursday, March 30, 2000, was withdrawn.



HB 1289, relating to law enforcement accident reports, was taken up by Representative Auer.



On motion of Representative Auer, HB 1289 was read the third time and passed by the following vote:



AYES: 151



Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Bartle

Bennett Berkowitz Black Blunt Boatright

Bonner Boucher 48 Boykins Bray 84 Britt

Burton Campbell Champion Chrismer Cierpiot

Clayton Crawford Crump Curls Davis 122

Davis 63 Days Dolan Dougherty Elliott

Enz Evans Farnen Fitzwater Foley

Ford Foster Franklin Fraser Froelker

Gambaro Gaskill George Gibbons Graham 106

Graham 24 Gratz Green Griesheimer Gross

Gunn Hagan-Harrell Hampton Hanaway Harlan

Hartzler 123 Hartzler 124 Hegeman Hendrickson Hickey

Hilgemann Holand Hollingsworth Hoppe Hosmer

Howerton Kasten Kelley 47 Kelly 27 Kennedy

King Kissell Klindt Koller Kreider

Lakin Lawson Leake Legan Levin

Liese Loudon Luetkemeyer Luetkenhaus Marble

May 108 Mays 50 McBride McClelland McKenna

McLuckie Merideth Miller Monaco Murray

Naeger Nordwald O'Connor O'Toole Ostmann

Overschmidt Parker Patek Phillips Pouche 30

Pryor Purgason Ransdall Reid Reinhart

Relford Reynolds Richardson Riley Rizzo

Robirds Ross Sallee Scheve Schilling

Schwab Scott Seigfreid Selby Shelton

Shields Skaggs Smith Summers Surface

Thompson Townley Treadway Troupe Tudor

Van Zandt Vogel Wagner Ward Wiggins

Williams 121 Williams 159 Wilson 25 Wilson 42 Wright

Mr. Speaker



NOES: 003



Hohulin Murphy Ridgeway



PRESENT: 002



Lograsso Myers



ABSENT WITH LEAVE: 005



Berkstresser Linton Long Secrest Stokan



VACANCIES: 002



Speaker Gaw declared the bill passed.



On motion of Representative Farnen, title to the bill was agreed to.



Representative Fitzwater moved that the vote by which the bill passed be reconsidered.



Representative Franklin moved that motion lay on the table.



The latter motion prevailed.



HB 1335, relating to campus police officers, was taken up by Representative Scheve.



HB 1335 was stricken from the calendar.



HB 1848, relating to examinations of physicians and surgeons, was taken up by Representative Treadway.





On motion of Representative Treadway, HB 1848 was read the third time and passed by the following vote:



AYES: 150



Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Bartle

Bennett Berkowitz Black Boatright Bonner

Boucher 48 Boykins Bray 84 Britt Burton

Campbell Champion Chrismer Cierpiot Clayton

Crawford Crump Curls Davis 122 Davis 63

Days Dolan Dougherty Elliott Enz

Evans Farnen Fitzwater Foley Ford

Foster Franklin Fraser Gambaro Gaskill

George Gibbons Graham 106 Graham 24 Gratz

Green Griesheimer Gross Gunn Hagan-Harrell

Hampton Hanaway Harlan Hartzler 123 Hartzler 124

Hegeman Hendrickson Hickey Hilgemann Holand

Hollingsworth Hoppe Hosmer Howerton Kasten

Kelley 47 Kelly 27 Kennedy King Kissell

Klindt Koller Kreider Lakin Lawson

Leake Legan Levin Liese Loudon

Luetkemeyer Luetkenhaus Marble May 108 Mays 50

McBride McClelland McKenna McLuckie Merideth

Miller Monaco Murray Myers Naeger

Nordwald O'Connor O'Toole Ostmann Overschmidt

Parker Patek Phillips Pouche 30 Pryor

Purgason Ransdall Reid Reinhart Relford

Reynolds Richardson Riley Rizzo Robirds

Ross Sallee Scheve Schilling Schwab

Scott Seigfreid Selby Shelton Shields

Skaggs Smith Summers Surface Thompson

Townley Treadway Troupe Tudor Van Zandt

Vogel Wagner Ward Wiggins Williams 121

Williams 159 Wilson 25 Wilson 42 Wright Mr. Speaker



NOES: 003



Hohulin Murphy Ridgeway



PRESENT: 001



Lograsso



ABSENT WITH LEAVE: 007



Berkstresser Blunt Froelker Linton Long

Secrest Stokan



VACANCIES: 002



Speaker Gaw declared the bill passed.



On motion of Representative Curls, title to the bill was agreed to.



Representative Gambaro moved that the vote by which the bill passed be reconsidered.



Representative George moved that motion lay on the table.



The latter motion prevailed.



HB 1923, relating to Missouri National Guard, was taken up by Representative Ransdall.



On motion of Representative Ransdall, HB 1923 was read the third time and passed by the following vote:



AYES: 154



Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Bartle

Bennett Berkowitz Black Blunt Boatright

Bonner Boucher 48 Boykins Bray 84 Britt

Burton Campbell Champion Chrismer Cierpiot

Clayton Crawford Crump Curls Davis 122

Davis 63 Days Dolan Dougherty Elliott

Enz Evans Farnen Fitzwater Foley

Ford Foster Franklin Fraser Froelker

Gambaro Gaskill George Gibbons Graham 106

Graham 24 Gratz Green Griesheimer Gross

Gunn Hagan-Harrell Hampton Hanaway Harlan

Hartzler 123 Hartzler 124 Hegeman Hendrickson Hickey

Hilgemann Hohulin Holand Hollingsworth Hoppe

Hosmer Howerton Kasten Kelley 47 Kelly 27

Kennedy King Kissell Klindt Koller

Kreider Lakin Lawson Leake Legan

Levin Liese Loudon Luetkemeyer Luetkenhaus

Marble May 108 Mays 50 McBride McClelland

McKenna McLuckie Merideth Miller Monaco

Murphy Murray Myers Naeger Nordwald

O'Connor O'Toole Ostmann Overschmidt Parker

Phillips Pouche 30 Pryor Purgason Ransdall

Reid Reinhart Relford Reynolds Richardson

Ridgeway Riley Rizzo Robirds Ross

Sallee Scheve Schilling Schwab Scott

Seigfreid Selby Shelton Shields Skaggs

Smith Summers Surface Thompson Townley

Treadway Troupe Tudor Van Zandt Vogel

Wagner Ward Wiggins Williams 121 Williams 159

Wilson 25 Wilson 42 Wright Mr. Speaker



NOES: 000



PRESENT: 002



Lograsso Patek



ABSENT WITH LEAVE: 005



Berkstresser Linton Long Secrest Stokan



VACANCIES: 002



Speaker Gaw declared the bill passed.



The emergency clause was adopted by the following vote:



AYES: 148



Abel Alter Auer Backer Ballard

Barnett Barry 100 Bartelsmeyer Bartle Bennett

Berkowitz Black Blunt Boatright Bonner

Boucher 48 Boykins Bray 84 Britt Burton

Campbell Champion Chrismer Cierpiot Clayton

Crawford Crump Curls Davis 122 Davis 63

Days Dolan Dougherty Elliott Enz

Evans Farnen Fitzwater Foley Ford

Foster Franklin Fraser Froelker Gambaro

Gaskill George Gibbons Graham 106 Graham 24

Gratz Green Griesheimer Gross Gunn

Hagan-Harrell Hampton Harlan Hartzler 123 Hartzler 124

Hegeman Hickey Hilgemann Hollingsworth Hoppe

Hosmer Howerton Kasten Kelley 47 Kelly 27

Kennedy King Kissell Klindt Koller

Kreider Lakin Lawson Leake Legan

Levin Liese Loudon Luetkemeyer Luetkenhaus

Marble May 108 Mays 50 McBride McClelland

McKenna McLuckie Merideth Miller Monaco

Murray Myers Naeger Nordwald O'Connor

O'Toole Ostmann Overschmidt Parker Patek

Phillips Pouche 30 Pryor Ransdall Reid

Reinhart Relford Reynolds Richardson Ridgeway

Riley Rizzo Robirds Ross Sallee

Scheve Schilling Schwab Scott Seigfreid

Selby Shelton Shields Skaggs Smith

Summers Surface Thompson Townley Treadway

Troupe Tudor Van Zandt Vogel Wagner

Ward Wiggins Williams 121 Williams 159 Wilson 25

Wilson 42 Wright Mr. Speaker



NOES: 005



Akin Hendrickson Hohulin Lograsso Murphy



PRESENT: 002



Hanaway Purgason



ABSENT WITH LEAVE: 006



Berkstresser Holand Linton Long Secrest

Stokan



VACANCIES: 002



On motion of Representative Lawson, title to the bill was agreed to.



Representative Monaco moved that the vote by which the bill passed be reconsidered.



Representative Parker moved that motion lay on the table.



The latter motion prevailed.



HB 1875, relating to state auditor, was taken up by Representative Franklin.



On motion of Representative Franklin, HB 1875 was read the third time and passed by the following vote:



AYES: 103



Abel Auer Backer Barnett Barry 100

Berkowitz Bonner Boucher 48 Boykins Bray 84

Britt Burton Campbell Champion Clayton

Crawford Crump Curls Davis 122 Davis 63

Days Dolan Dougherty Farnen Fitzwater

Foley Ford Foster Franklin Fraser

Gambaro George Graham 106 Graham 24 Gratz

Green Gunn Hagan-Harrell Hampton Harlan

Hartzler 124 Hegeman Hickey Hilgemann Holand

Hollingsworth Hoppe Hosmer Kelly 27 Kennedy

Kissell Koller Kreider Lakin Lawson

Leake Legan Liese Luetkenhaus Marble

May 108 Mays 50 McBride McKenna McLuckie

Monaco Murray Myers O'Connor O'Toole

Overschmidt Parker Ransdall Relford Richardson

Riley Rizzo Ross Sallee Scheve

Schilling Schwab Selby Shelton Shields

Skaggs Smith Summers Thompson Townley

Treadway Troupe Tudor Van Zandt Vogel

Wagner Ward Wiggins Williams 121 Williams 159

Wilson 25 Wilson 42 Mr. Speaker



NOES: 049



Akin Alter Ballard Bartelsmeyer Bartle

Black Blunt Boatright Chrismer Cierpiot

Elliott Enz Evans Gaskill Griesheimer

Gross Hanaway Hartzler 123 Hendrickson Hohulin

Howerton Kasten Kelley 47 King Klindt

Levin Loudon Luetkemeyer McClelland Merideth

Miller Murphy Naeger Nordwald Ostmann

Patek Phillips Pouche 30 Pryor Purgason

Reid Reinhart Reynolds Ridgeway Robirds

Scott Seigfreid Surface Wright



PRESENT: 001



Lograsso



ABSENT WITH LEAVE: 008



Bennett Berkstresser Froelker Gibbons Linton

Long Secrest Stokan



VACANCIES: 002



Speaker Gaw declared the bill passed.



On motion of Representative McKenna, title to the bill was agreed to.



Representative Smith moved that the vote by which the bill passed be reconsidered.



Representative Wagner moved that motion lay on the table.



The latter motion prevailed.



Representative Foley assumed the Chair.



HB 1802, relating to mortgage insurance, was taken up by Representative Monaco.



On motion of Representative Monaco, HB 1802 was read the third time and passed by the following vote:



AYES: 152



Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Bartle

Bennett Berkowitz Black Blunt Boatright

Bonner Boucher 48 Boykins Bray 84 Britt

Burton Campbell Champion Chrismer Cierpiot

Clayton Crawford Crump Curls Davis 122

Days Dolan Dougherty Elliott Enz

Evans Farnen Fitzwater Foley Ford

Foster Franklin Fraser Gambaro Gaskill

George Gibbons Graham 106 Graham 24 Gratz

Green Griesheimer Gross Gunn Hagan-Harrell

Hampton Hanaway Harlan Hartzler 123 Hartzler 124

Hegeman Hendrickson Hickey Hilgemann Hohulin

Holand Hollingsworth Hoppe Hosmer Howerton

Kasten Kelley 47 Kelly 27 Kennedy King

Kissell Klindt Koller Kreider Lakin

Lawson Leake Legan Levin Liese

Loudon Luetkemeyer Luetkenhaus Marble May 108

Mays 50 McBride McClelland McKenna McLuckie

Merideth Miller Monaco Murphy Murray

Myers Naeger Nordwald O'Connor O'Toole

Ostmann Overschmidt Parker Patek Phillips

Pouche 30 Pryor Purgason Ransdall Reid

Reinhart Relford Reynolds Richardson Riley

Rizzo Robirds Ross Sallee Scheve

Schilling Schwab Scott Seigfreid Selby

Shelton Shields Skaggs Smith Summers

Surface Thompson Townley Treadway Troupe

Tudor Van Zandt Vogel Wagner Ward

Wiggins Williams 121 Williams 159 Wilson 25 Wilson 42

Wright Mr. Speaker



NOES: 001



Ridgeway



PRESENT: 001



Lograsso



ABSENT WITH LEAVE: 007



Berkstresser Davis 63 Froelker Linton Long

Secrest Stokan



VACANCIES: 002



Representative Foley declared the bill passed.



On motion of Representative Scheve, title to the bill was agreed to.



Representative Treadway moved that the vote by which the bill passed be reconsidered.



Representative Riback Wilson (25) moved that motion lay on the table.



The latter motion prevailed.



HB 1544, relating to not-for-profit corporations, was taken up by Representative Smith.



On motion of Representative Smith, HB 1544 was read the third time and passed by the following vote:





AYES: 150



Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Bartle

Bennett Berkowitz Black Blunt Boatright

Bonner Boykins Bray 84 Britt Campbell

Champion Chrismer Cierpiot Clayton Crawford

Crump Curls Davis 122 Davis 63 Days

Dolan Dougherty Elliott Enz Evans

Farnen Fitzwater Foley Ford Foster

Franklin Fraser Gambaro Gaskill George

Gibbons Graham 106 Graham 24 Gratz Griesheimer

Gross Gunn Hagan-Harrell Hampton Hanaway

Harlan Hartzler 123 Hartzler 124 Hegeman Hendrickson

Hickey Hilgemann Hohulin Holand Hollingsworth

Hoppe Hosmer Howerton Kasten Kelley 47

Kelly 27 Kennedy King Kissell Klindt

Koller Kreider Lakin Lawson Leake

Legan Levin Liese Loudon Luetkemeyer

Luetkenhaus Marble May 108 Mays 50 McBride

McClelland McKenna McLuckie Merideth Miller

Monaco Murphy Murray Myers Naeger

Nordwald O'Connor O'Toole Ostmann Overschmidt

Parker Patek Phillips Pouche 30 Pryor

Purgason Ransdall Reid Reinhart Relford

Reynolds Richardson Ridgeway Riley Rizzo

Robirds Ross Sallee Scheve Schilling

Schwab Seigfreid Selby Shelton Shields

Skaggs Smith Summers Surface Thompson

Townley Treadway Troupe Tudor Van Zandt

Vogel Wagner Ward Wiggins Williams 121

Williams 159 Wilson 25 Wilson 42 Wright Mr. Speaker



NOES: 001



Green



PRESENT: 001



Lograsso



ABSENT WITH LEAVE: 009



Berkstresser Boucher 48 Burton Froelker Linton

Long Scott Secrest Stokan



VACANCIES: 002



Representative Foley declared the bill passed.



On motion of Representative Williams (121), title to the bill was agreed to.



Representative Hickey moved that the vote by which the bill passed be reconsidered.



Representative Gunn moved that motion lay on the table.



The latter motion prevailed.



HB 1591, relating to nursing home administrators, was taken up by Representative Backer.





On motion of Representative Backer, HB 1591 was read the third time and passed by the following vote:



AYES: 147



Abel Akin Alter Auer Backer

Barnett Barry 100 Bartelsmeyer Bartle Bennett

Berkowitz Black Blunt Boatright Bonner

Boucher 48 Boykins Bray 84 Britt Burton

Campbell Champion Chrismer Cierpiot Clayton

Crawford Crump Curls Davis 122 Davis 63

Days Dolan Dougherty Elliott Enz

Evans Farnen Fitzwater Foley Ford

Foster Franklin Fraser Gambaro Gaskill

George Gibbons Graham 106 Graham 24 Gratz

Green Griesheimer Gross Gunn Hagan-Harrell

Hampton Hanaway Harlan Hartzler 123 Hartzler 124

Hegeman Hendrickson Hickey Hilgemann Hohulin

Holand Hollingsworth Hoppe Hosmer Howerton

Kasten Kelley 47 Kelly 27 Kennedy King

Kissell Klindt Koller Kreider Lakin

Lawson Leake Legan Levin Liese

Luetkemeyer Luetkenhaus Marble May 108 Mays 50

McBride McClelland McKenna McLuckie Merideth

Miller Monaco Murphy Murray Nordwald

O'Connor O'Toole Ostmann Overschmidt Parker

Patek Phillips Pouche 30 Pryor Purgason

Ransdall Reid Reinhart Relford Reynolds

Richardson Riley Rizzo Robirds Ross

Sallee Scheve Schilling Schwab Seigfreid

Selby Shelton Shields Skaggs Smith

Summers Thompson Townley Treadway Troupe

Tudor Van Zandt Vogel Wagner Ward

Wiggins Williams 121 Williams 159 Wilson 25 Wilson 42

Wright Mr. Speaker



NOES: 001



Ridgeway



PRESENT: 005



Ballard Lograsso Loudon Myers Naeger



ABSENT WITH LEAVE: 008



Berkstresser Froelker Linton Long Scott

Secrest Stokan Surface



VACANCIES: 002



Representative Foley declared the bill passed.



On motion of Representative Clayton, title to the bill was agreed to.



Representative Liese moved that the vote by which the bill passed be reconsidered.



Representative Parker moved that motion lay on the table.



The latter motion prevailed.



HB 1739, relating to life insurance, was taken up by Representative Auer.



On motion of Representative Auer, HB 1739 was read the third time and passed by the following vote:



AYES: 150



Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Bartle

Bennett Berkowitz Black Blunt Boatright

Bonner Boucher 48 Boykins Bray 84 Britt

Burton Campbell Champion Chrismer Clayton

Crawford Crump Curls Davis 122 Davis 63

Days Dolan Dougherty Elliott Enz

Evans Farnen Fitzwater Foley Ford

Foster Franklin Fraser Gambaro Gaskill

George Gibbons Graham 106 Graham 24 Gratz

Green Griesheimer Gross Gunn Hagan-Harrell

Hampton Hanaway Harlan Hartzler 123 Hartzler 124

Hegeman Hendrickson Hickey Hilgemann Hohulin

Holand Hollingsworth Hoppe Hosmer Howerton

Kasten Kelley 47 Kelly 27 Kennedy King

Kissell Klindt Koller Kreider Lakin

Lawson Leake Legan Levin Liese

Luetkemeyer Luetkenhaus Marble May 108 Mays 50

McBride McClelland McKenna McLuckie Merideth

Miller Monaco Murphy Murray Myers

Naeger Nordwald O'Connor O'Toole Ostmann

Overschmidt Parker Patek Phillips Pouche 30

Pryor Purgason Ransdall Reid Reinhart

Relford Reynolds Richardson Riley Rizzo

Robirds Ross Sallee Scheve Schilling

Schwab Scott Seigfreid Selby Shelton

Shields Skaggs Smith Summers Thompson

Townley Treadway Troupe Tudor Van Zandt

Vogel Wagner Ward Wiggins Williams 121

Williams 159 Wilson 25 Wilson 42 Wright Mr. Speaker



NOES: 000



PRESENT: 004



Cierpiot Lograsso Loudon Ridgeway



ABSENT WITH LEAVE: 007



Berkstresser Froelker Linton Long Secrest

Stokan Surface



VACANCIES: 002



Representative Foley declared the bill passed.



On motion of Representative Overschmidt, title to the bill was agreed to.



Representative Selby moved that the vote by which the bill passed be reconsidered.



Representative Rizzo moved that motion lay on the table.



The latter motion prevailed.



Representative Green moved that Rule 95 be suspended.



Which motion was defeated by the following vote:



AYES: 080



Abel Auer Backer Barry 100 Berkowitz

Bonner Boucher 48 Boykins Britt Burton

Campbell Clayton Crump Curls Davis 63

Days Farnen Foley Ford Fraser

Gambaro George Gibbons Graham 106 Graham 24

Gratz Green Griesheimer Gunn Hampton

Harlan Hegeman Hilgemann Holand Hollingsworth

Hosmer Howerton Kasten Kelly 27 Kennedy

Kissell Klindt Koller Lakin Leake

Luetkenhaus May 108 Mays 50 McBride McLuckie

Monaco Murray Nordwald O'Connor O'Toole

Overschmidt Parker Patek Ransdall Relford

Rizzo Scheve Schilling Scott Seigfreid

Selby Shelton Skaggs Smith Thompson

Treadway Van Zandt Wagner Ward Wiggins

Williams 121 Williams 159 Wilson 25 Wilson 42 Mr. Speaker



NOES: 066



Akin Alter Ballard Barnett Bartelsmeyer

Bartle Bennett Black Blunt Boatright

Bray 84 Champion Chrismer Cierpiot Crawford

Davis 122 Elliott Enz Evans Fitzwater

Foster Franklin Gaskill Gross Hanaway

Hartzler 123 Hartzler 124 Hendrickson Hickey Hohulin

Kelley 47 King Kreider Levin Liese

Lograsso Loudon Luetkemeyer Marble McClelland

Merideth Miller Murphy Myers Naeger

Ostmann Phillips Pouche 30 Pryor Purgason

Reid Reinhart Reynolds Richardson Ridgeway

Riley Robirds Ross Sallee Schwab

Shields Summers Townley Tudor Vogel

Wright



PRESENT: 001



Dougherty



ABSENT WITH LEAVE: 014



Berkstresser Dolan Froelker Hagan-Harrell Hoppe

Lawson Legan Linton Long McKenna

Secrest Stokan Surface Troupe



VACANCIES: 002



HB 1486, relating to community colleges, was taken up by Representative Abel.



On motion of Representative Abel, HB 1486 was read the third time and passed by the following vote:



AYES: 130



Abel Auer Backer Barnett Barry 100

Bartelsmeyer Bartle Bennett Berkowitz Black

Blunt Boatright Bonner Boucher 48 Boykins

Bray 84 Britt Burton Campbell Champion

Chrismer Clayton Crawford Crump Curls

Davis 122 Davis 63 Days Dolan Dougherty

Enz Farnen Fitzwater Foley Ford

Foster Franklin Fraser Gambaro Gaskill

George Gibbons Graham 106 Graham 24 Gratz

Green Griesheimer Gross Gunn Hagan-Harrell

Hampton Hanaway Harlan Hartzler 123 Hartzler 124

Hickey Hilgemann Hohulin Holand Hollingsworth

Hoppe Hosmer Howerton Kelley 47 Kelly 27

Kennedy King Kissell Klindt Koller

Kreider Lakin Lawson Leake Legan

Levin Liese Luetkenhaus May 108 Mays 50

McBride McClelland McKenna McLuckie Merideth

Miller Monaco Murray Myers Naeger

O'Connor O'Toole Ostmann Overschmidt Parker

Phillips Pouche 30 Pryor Ransdall Reid

Reinhart Relford Reynolds Richardson Riley

Rizzo Ross Scheve Schilling Seigfreid

Selby Shelton Skaggs Smith Summers

Thompson Treadway Troupe Tudor Van Zandt

Vogel Wagner Ward Wiggins Williams 121

Williams 159 Wilson 25 Wilson 42 Wright Mr. Speaker



NOES: 010



Alter Ballard Elliott Evans Hegeman

Hendrickson Murphy Nordwald Robirds Townley



PRESENT: 013



Akin Cierpiot Kasten Lograsso Loudon

Luetkemeyer Marble Patek Purgason Ridgeway

Schwab Scott Shields



ABSENT WITH LEAVE: 008



Berkstresser Froelker Linton Long Sallee

Secrest Stokan Surface



VACANCIES: 002



Representative Foley declared the bill passed.



On motion of Representative Graham (24), title to the bill was agreed to.



Representative Kennedy moved that the vote by which the bill passed be reconsidered.



Representative Britt moved that motion lay on the table.



The latter motion prevailed.



Representative Farnen assumed the Chair.



HB 1509, relating to unlawful merchandising practices, was taken up by Representative Hosmer.



On motion of Representative Hosmer, HB 1509 was read the third time and passed by the following vote:





AYES: 128



Abel Akin Auer Backer Barnett

Barry 100 Bartelsmeyer Bartle Bennett Berkowitz

Black Blunt Bonner Boucher 48 Boykins

Bray 84 Britt Burton Campbell Chrismer

Clayton Crawford Crump Curls Davis 122

Davis 63 Days Dolan Dougherty Enz

Evans Farnen Fitzwater Foley Ford

Foster Franklin Fraser Gambaro Gaskill

George Gibbons Graham 106 Graham 24 Gratz

Green Griesheimer Gross Gunn Hagan-Harrell

Hampton Hanaway Harlan Hartzler 123 Hartzler 124

Hendrickson Hickey Hilgemann Holand Hollingsworth

Hoppe Hosmer Kelley 47 Kelly 27 Kennedy

King Kissell Klindt Koller Kreider

Lakin Lawson Leake Levin Liese

Luetkemeyer Luetkenhaus May 108 Mays 50 McBride

McClelland McKenna McLuckie Merideth Miller

Monaco Murphy Murray O'Connor O'Toole

Ostmann Overschmidt Parker Pryor Ransdall

Reinhart Relford Reynolds Richardson Riley

Rizzo Ross Scheve Schilling Scott

Seigfreid Selby Shelton Shields Skaggs

Smith Summers Thompson Townley Treadway

Troupe Tudor Van Zandt Vogel Wagner

Ward Wiggins Williams 121 Williams 159 Wilson 25

Wilson 42 Wright Mr. Speaker



NOES: 011



Boatright Elliott Hohulin Howerton Nordwald

Phillips Pouche 30 Purgason Reid Ridgeway

Robirds



PRESENT: 013



Alter Ballard Champion Cierpiot Hegeman

Legan Lograsso Loudon Marble Myers

Naeger Patek Schwab



ABSENT WITH LEAVE: 009



Berkstresser Froelker Kasten Linton Long

Sallee Secrest Stokan Surface



VACANCIES: 002



Representative Farnen declared the bill passed.



On motion of Representative Reynolds, title to the bill was agreed to.



Representative Williams (159) moved that the vote by which the bill passed be reconsidered.



Representative Wilson (42) moved that motion lay on the table.



The latter motion prevailed.



HB 1374, relating to funding for domestic violence shelters, was taken up by Representative Graham (24).



On motion of Representative Graham (24), HB 1374 was read the third time and passed by the following vote:



AYES: 146



Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Bartle

Bennett Berkowitz Black Blunt Boatright

Bonner Boucher 48 Boykins Bray 84 Britt

Burton Campbell Chrismer Cierpiot Clayton

Crawford Crump Curls Davis 122 Davis 63

Days Dolan Dougherty Elliott Enz

Evans Farnen Fitzwater Foley Ford

Foster Franklin Fraser Gambaro Gaskill

George Gibbons Graham 106 Graham 24 Gratz

Green Griesheimer Gross Gunn Hagan-Harrell

Hampton Hanaway Harlan Hartzler 123 Hartzler 124

Hendrickson Hickey Hilgemann Hohulin Holand

Hollingsworth Hoppe Hosmer Howerton Kasten

Kelley 47 Kelly 27 Kennedy King Kissell

Klindt Koller Kreider Lakin Lawson

Leake Levin Liese Loudon Luetkemeyer

Luetkenhaus Marble May 108 Mays 50 McBride

McClelland McKenna McLuckie Merideth Miller

Monaco Murray Myers O'Connor O'Toole

Ostmann Overschmidt Parker Patek Phillips

Pouche 30 Pryor Purgason Ransdall Reid

Reinhart Relford Reynolds Richardson Ridgeway

Riley Rizzo Robirds Ross Sallee

Scheve Schilling Schwab Scott Seigfreid

Selby Shelton Shields Skaggs Smith

Summers Thompson Treadway Troupe Tudor

Van Zandt Vogel Wagner Ward Wiggins

Williams 121 Williams 159 Wilson 25 Wilson 42 Wright

Mr. Speaker



NOES: 003



Murphy Nordwald Townley



PRESENT: 002



Hegeman Naeger



ABSENT WITH LEAVE: 010



Berkstresser Champion Froelker Legan Linton

Lograsso Long Secrest Stokan Surface



VACANCIES: 002



Representative Farnen declared the bill passed.



On motion of Representative Auer, title to the bill was agreed to.



Representative Dougherty moved that the vote by which the bill passed be reconsidered.



Representative Lawson moved that motion lay on the table.



The latter motion prevailed.



HB 1465, relating to motor vehicle driver's license, was taken up by Representative Ransdall.



On motion of Representative Ransdall, HB 1465 was read the third time and passed by the following vote:



AYES: 133



Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Bartle

Bennett Berkowitz Black Blunt Boatright

Bonner Boucher 48 Boykins Bray 84 Britt

Burton Campbell Chrismer Clayton Crawford

Crump Curls Davis 122 Davis 63 Days

Dougherty Enz Evans Fitzwater Foley

Ford Foster Franklin Fraser Gambaro

Gaskill George Gibbons Graham 106 Graham 24

Gratz Griesheimer Gross Hagan-Harrell Hampton

Hanaway Harlan Hartzler 123 Hartzler 124 Hegeman

Hickey Hilgemann Holand Hollingsworth Hoppe

Hosmer Howerton Kasten Kelley 47 Kennedy

King Kissell Klindt Koller Kreider

Lakin Leake Legan Levin Loudon

Luetkemeyer Luetkenhaus Marble May 108 Mays 50

McBride McClelland McKenna McLuckie Merideth

Miller Monaco Murphy Murray Myers

Naeger Nordwald O'Connor Ostmann Overschmidt

Parker Phillips Pryor Ransdall Reid

Reinhart Relford Richardson Rizzo Robirds

Ross Sallee Scheve Schilling Schwab

Scott Seigfreid Selby Shelton Shields

Skaggs Smith Summers Thompson Townley

Troupe Tudor Van Zandt Vogel Wagner

Ward Wiggins Williams 121 Williams 159 Wilson 25

Wilson 42 Wright Mr. Speaker



NOES: 013



Cierpiot Green Gunn Hendrickson Hohulin

Kelly 27 Liese O'Toole Pouche 30 Purgason

Reynolds Ridgeway Treadway



PRESENT: 003



Dolan Patek Riley



ABSENT WITH LEAVE: 012



Berkstresser Champion Elliott Farnen Froelker

Lawson Linton Lograsso Long Secrest

Stokan Surface



VACANCIES: 002



Representative Farnen declared the bill passed.



On motion of Representative O'Connor, title to the bill was agreed to.



Representative Luetkenhaus moved that the vote by which the bill passed be reconsidered.



Representative Mays (50) moved that motion lay on the table.



The latter motion prevailed.



INTRODUCTION OF HOUSE CONCURRENT RESOLUTIONS



The following House Concurrent Resolutions were read the first time and copies ordered printed:



HCR 30, introduced by Representative Barry, relating to endorsing the Centers for Disease Control and Prevention (CDC) and the American Academy of Pediatrics (AAP) recommendations and urging each health care professional and managed care plan operating in Missouri to adopt the recommendations in their practice and formularies.



HCR 31, introduced by Representatives Hollingsworth, Levin, Ross and Van Zandt, et al, directing the Missouri Department of Revenue to study and determine the amounts and sources of contributions by each county and the city of St. Louis to the state road fund and to present a report concerning the general assembly to enable the general assembly to make informed policy decisions in the area of transportation budgeting and spending for the benefit of the citizens of this state.



INTRODUCTION OF HOUSE BILLS



The following House Bills were read the first time and copies ordered printed:



HB 2145, introduced by Representatives Barry and Scheve, relating to health assessments for students.



HB 2146, introduced by Representative Linton, relating to promotion of children's reading skills.



HB 2147, introduced by Representative Shields, relating to opportunity scholarships for students in unaccredited or academically deficient schools.



REFERRAL OF HOUSE RESOLUTIONS



The following House Resolutions were referred to the Committee indicated:



HR 504 - Miscellaneous Bills and Resolutions

HR 550 - Miscellaneous Bills and Resolutions

HR 557 - Miscellaneous Bills and Resolutions

HR 573 - Miscellaneous Bills and Resolutions



REFERRAL OF SENATE BILLS



The following Senate Bills were referred to the Committee indicated:



SB 642 - Retirement

SB 727 - Local Government and Related Matters

COMMITTEE REPORTS



Committee on Civil and Administrative Law, Chairman Smith reporting:



Mr. Speaker: Your Committee on Civil and Administrative Law, to which was referred HB 1997, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.



Committee on Transportation, Chairman Koller reporting:



Mr. Speaker: Your Committee on Transportation, to which was referred HB 2102, begs leave to report it has examined the same and recommends that it Do Pass.



Committee on Urban Affairs, Chairman Van Zandt reporting:



Mr. Speaker: Your Committee on Urban Affairs, to which was referred HB 1846, begs leave to report it has examined the same and recommends that it Do Pass.



Mr. Speaker: Your Committee on Urban Affairs, to which was referred HB 2114, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.



MESSAGES FROM THE SENATE



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 771, entitled:



An act to amend chapter 415, RSMo, relating to self-service storage facilities by adding thereto one new section relating to late fees.



In which the concurrence of the House is respectfully requested.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SB 813, entitled:



An act to repeal section 85.011, RSMo 1994, and section 590.135, RSMo Supp. 1999, relating to discipline of law enforcement officers, and to enact in lieu thereof two new sections relating to the same subject.



In which the concurrence of the House is respectfully requested.



ADJOURNMENT



On motion of Representative Crump, the House adjourned until 10:00 a.m., Thursday, March 30, 2000.







CORRECTION TO THE HOUSE JOURNAL



Correct House Journal, Forty-fourth Day, Tuesday, March 28, 2000, page 690, line 32, by inserting immediately after said line the following:



SB 877 - Education - Elementary and Secondary



COMMITTEE MEETINGS



APPROPRIATIONS - GENERAL ADMINISTRATION

Tuesday, April 4, 2000, 8:30 am. Hearing Room 7.

Executive Session may follow.

To be considered - HB 1113



BUDGET

Thursday, March 30, 2000, 8:30 am. Hearing Room 3.

Executive Session. CANCELLED.

To be considered - HB 1120



CONSUMER PROTECTION AND HOUSING

Tuesday, April 4, 2000, 8:00 pm. Hearing Room 1.

Possible Executive Session to follow.

To be considered - HB 2057, SB 643



CRITICAL ISSUES

Monday, April 3, 2000, 7:30 pm. Hearing Room 3.

To be considered - SB 576, SB 856



EDUCATION - ELEMENTARY AND SECONDARY

Thursday, March 30, 2000, 9:00 am. Hearing Room 4.

Executive Session.

To be considered - HB 1860, HB 1958



EDUCATION - ELEMENTARY AND SECONDARY

Monday, April 3, 2000, 3:00 pm. Hearing Room 1.

To be considered - HB 1999, SB 573



EDUCATION - HIGHER

Thursday, March 30, 2000. Side gallery upon adjournment.

To be considered - Executive Session - HB 1888, Executive Session - HB 2044,

Executive Session - HB 2062









LOCAL GOVERNMENT AND RELATED MATTERS

Tuesday, April 4, 2000. Hearing Room 7 upon morning adjournment.

Executive Session may follow.

To be considered - SB 542, SB 719, SB 893, SB 915



MISSOURI TOBACCO SETTLEMENT

Thursday, March 30, 2000, 8:30 am. Hearing Room 1.

To be considered - Executive Session - SB 549



TOURISM, RECREATION AND CULTURAL AFFAIRS

Monday, April 3, 2000, 8:00 pm. Hearing Room 7.

Executive Session may follow.

To be considered - SB 596, SB 724



UTILITIES REGULATION

Thursday, March 30, 2000, 8:30 am. Hearing Room 6.

To be considered - HB 1778, HB 1842, HB 1895



HOUSE CALENDAR



FORTY-SIXTH DAY, THURSDAY, MARCH 30, 2000



HOUSE CONCURRENT RESOLUTIONS FOR SECOND READING

HCR 30 and HCR 31



HOUSE BILLS FOR SECOND READING

HB 2145 through HB 2147



HOUSE JOINT RESOLUTION FOR PERFECTION

HJR 40 - Graham (24)



HOUSE BILLS FOR PERFECTION

1 HCS HB 1434 - Skaggs

2 HCS HB 1305 - Rizzo

3 HCS HB 1574 & 1640 - Britt

4 HCS HB 1677, 1675 & 1676 - Riback Wilson (25)

5 HCS HB 1652 & 1433 - Hoppe

6 HB 1603, HCA 1 and HCA 2 - O'Connor

7 HCS HB 1711 - Abel

8 HCS HB 1797 - Gratz

9 HCS HB 1569 - Bray

10 HCS HB 1932 - Harlan

11 HCS HB 1967 - Hoppe

12 HB 1728, HCA 1 - Backer



HOUSE BILLS FOR PERFECTION - INFORMAL

1 HCS HB 1362, HS, as amended, pending - Harlan

2 HCS HB 1602, as amended - Leake

3 HCS HB 1143, as amended - Scheve

4 HB 1472 - Smith



HOUSE BILLS FOR PERFECTION - CONSENT



(March 27, 2000)



1 HB 1597 - Auer

2 HB 1284 - Kissell

3 HB 1659 - Summers

4 HB 1340 - Klindt

5 HB 1828 - Gross

6 HB 1095 - Richardson

7 HB 1358 - Loudon

8 HB 1275 - Chrismer



HOUSE BILLS FOR THIRD READING

1 HS HB 1615, E.C. (Fiscal Review, 3-29-00) - Hosmer

2 HS HCS HB 1172, 1501, 1633, 1440, 1634, 1177 & 1430 - Davis (122)



HOUSE BILLS FOR THIRD READING - CONSENT

1 HB 1706 - Gambaro

2 HB 1428 - Hickey

3 HB 1454 - Hoppe

4 HB 1604 - Graham (106)

5 HB 1568 - Riback Wilson (25)

6 HB 1596 - Auer

7 HB 1685 - Smith

8 HB 1948 - Gratz

9 HB 1825 - Klindt

10 HB 1077 - Relford

11 HB 1808 - O'Toole

12 HB 1499 - Hoppe

13 HB 1647 - Skaggs

14 HB 1631 - Hoppe

15 HB 1841 - Kreider

16 HB 1579 - Hoppe











SENATE BILLS FOR SECOND READING

1 SB 760

2 SB 771

3 SS SB 813

4 SB 1018

5 SB 1020

6 SB 1042

7 SB 1050

8 SB 1051



HOUSE RESOLUTION

HR 91, (2-24-00, pgs. 397 & 398) - Crawford


Missouri House of Representatives