Second Regular Session, 90th General Assembly
THIRTY-SEVENTH DAY, Wednesday, March 8, 2000
Speaker Pro Tem Kreider in the Chair.
Prayer by Father David Buescher.
Today, Lord God, is Ash Wednesday. Whatever our religious affiliation, it is good for all of us to pause occasionally, and look a bit at our dark side, God. Help us to attune ourselves with those parts of ourselves which live in the shadow, and need to come to the light. Help us to still our souls - to go into the desert enough - to uncover that which is too proud, too selfish, too ego-centered.
The words, "You are dust, and unto dust you will return," can be a challenge towards commitment to this world and to our earthy lives which need unity with You. Help this House, Lord, find hope in a season of renewal. Thank You, God, for the time to return to You in all we do, work, and play. 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: Megan O'Brien, Emily Knobbe, Ina Redstone, Blaise Hart-Schmidt, Jeff Scott, Joe Roeder, Cal Broz, Matt Clausen, Derek Schloman, Matthew Johnson, Matt Hellis, Bradley Harris, Stacey Zylka, Kara King and Colleen Heck.
The Journal of the thirty-sixth day was approved as corrected 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 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 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 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 Secrest
Shields Summers Surface Townley Tudor
Vogel Wright
PRESENT: 001
Reid
ABSENT WITH LEAVE: 006
Alter Berkstresser Carter Gambaro Kasten
Stokan
VACANCIES: 001
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 484 - Representative Elliott
House Resolution No. 485
through
House Resolution No. 489 - Representatives Barry and Hendrickson
House Resolution No. 490 - Representative Reinhart
House Resolution No. 491
and
House Resolution No. 492 - Representative Overschmidt
SECOND READING OF HOUSE BILLS
HB 2104 through HB 2109 were read the second time.
SECOND READING OF SENATE CONCURRENT RESOLUTION
SCR 27 was read the second time.
SECOND READING OF SENATE BILLS
SCS SB 541, SCS SB 558, SS SB 576, SB 618, SCS SB 633, SB 642, SCS SB 721, SB 741, SB 743, SS#2 SCS SB 757 & 602, SCS SB 801, SB 881, SCS SB 893, SCS SB 894, SB 907, SB 914, SB 922, SB 942 and SB 975 were read the second time.
PERFECTION OF HOUSE BILL
HB 1615, relating to protection of the elderly, was taken up by Representative Hosmer.
Representative Hosmer offered HS HB 1615.
Representative Gunn offered House Amendment No. 1.
Representative Hosmer raised a point of order that House Amendment No. 1 goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
HB 1615, with HS, pending, was laid over.
THIRD READING OF HOUSE BILLS
HS HCS HB 1254, relating to bail bondsmen and private investigators, was taken up by Representative Kissell.
Representative Kissell offered House Perfecting Amendment No. 1.
House Perfecting Amendment No. 1
AMEND House Substitute for House Committee Substitute for House Bill No. 1254, Page 4, Section 374.704, Line 12, by deleting the words "a individual" and inserting in lieu thereof the words "an individual"; and
Further amend said bill, Page 10, Section 374.785, Line 6, by deleting the word "one" and inserting in lieu thereof the word "three".
On motion of Representative Kissell, House Perfecting Amendment No. 1 was adopted.
On motion of Representative Kissell, HS HCS HB 1254, as amended, was read the third time and passed by the following vote:
AYES: 141
Abel Akin Auer Backer Ballard
Barnett Barry 100 Bartelsmeyer Bartle Bennett
Berkowitz Black Blunt Bonner Boucher 48
Boykins Bray 84 Britt Burton Campbell
Champion Chrismer Cierpiot Crawford Crump
Curls Davis 122 Davis 63 Days Dolan
Dougherty Elliott Enz Evans Farnen
Fitzwater Foley Ford Franklin Fraser
Froelker Gaskill George Gibbons Graham 106
Graham 24 Gratz Green Griesheimer Gross
Gunn Hagan-Harrell Hampton Harlan Hegeman
Hendrickson Hickey Hilgemann Holand Hollingsworth
Hoppe Hosmer Howerton Kelley 47 Kelly 27
Kennedy King Kissell Klindt Koller
Kreider Lakin Lawson Leake Legan
Levin Liese Linton Luetkemeyer Luetkenhaus
Marble May 108 Mays 50 McBride McClelland
McKenna McLuckie Merideth Miller Monaco
Murray Myers 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 Secrest Seigfreid
Selby Shelton Shields Skaggs Smith
Summers Surface Thompson Townley Treadway
Tudor Van Zandt Vogel Wagner Wiggins
Williams 121 Williams 159 Wilson 25 Wilson 42 Wright
Mr. Speaker
NOES: 013
Boatright Clayton Foster Hanaway Hartzler 123
Hartzler 124 Hohulin Lograsso Long Loudon
Murphy Purgason Ward
PRESENT: 001
Naeger
ABSENT WITH LEAVE: 007
Alter Berkstresser Carter Gambaro Kasten
Stokan Troupe
VACANCIES: 001
Speaker Pro Tem Kreider declared the bill passed.
On motion of Representative Hagan-Harrell, title to the bill was agreed to.
Representative Hollingsworth moved that the vote by which the bill passed be reconsidered.
Representative May (108) moved that motion lay on the table.
The latter motion prevailed.
HCS HB 1644, relating to public school retirement system, was taken up by Representative Hagan-Harrell.
On motion of Representative Hagan-Harrell, HCS HB 1644 was read the third time and passed by the following vote:
AYES: 152
Abel Akin Auer 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 63 Days Dolan
Dougherty Elliott Enz Evans Farnen
Fitzwater Foley Ford Foster Franklin
Fraser Froelker 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 Kelley 47 Kelly 27
Kennedy King Kissell Klindt Koller
Kreider Lakin Lawson Leake Legan
Levin Liese Linton Lograsso Long
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
Reynolds Richardson Ridgeway Riley Rizzo
Robirds Ross Sallee Scheve Schilling
Schwab Scott Secrest 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
Davis 122 Relford
ABSENT WITH LEAVE: 008
Alter Backer Berkstresser Carter Gambaro
Kasten Murphy Stokan
VACANCIES: 001
Speaker Pro Tem Kreider declared the bill passed.
The emergency clause was adopted by the following vote:
AYES: 153
Abel Akin 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 Foster
Franklin Fraser Froelker 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 Kelley 47 Kelly 27
Kennedy King Kissell Klindt Koller
Kreider Lakin Lawson Leake Legan
Levin Liese Linton Lograsso Long
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 Secrest 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
Hohulin
PRESENT: 000
ABSENT WITH LEAVE: 008
Alter Berkstresser Carter Ford Gambaro
Kasten Ridgeway Stokan
VACANCIES: 001
On motion of Representative Gratz, title to the bill was agreed to.
Representative Koller moved that the vote by which the bill passed be reconsidered.
Representative Monaco moved that motion lay on the table.
The latter motion prevailed.
HB 1443, relating to sales and use tax exemptions, was taken up by Representative Koller.
On motion of Representative Koller, HB 1443 was read the third time and passed by the following vote:
AYES: 127
Abel Akin Backer Ballard Barnett
Barry 100 Bartle Bennett Berkowitz Black
Blunt Boatright Bonner Boykins Britt
Burton Champion Cierpiot Clayton Crawford
Crump Curls Davis 122 Davis 63 Dolan
Elliott Enz Evans Farnen Fitzwater
Foster Franklin Fraser Froelker Gaskill
Gibbons Graham 106 Graham 24 Gratz Griesheimer
Gross Gunn Hagan-Harrell Hampton Hanaway
Harlan Hartzler 123 Hartzler 124 Hegeman Hendrickson
Hilgemann Holand Hollingsworth Hoppe Hosmer
Howerton Kelley 47 Kennedy King Kissell
Klindt Koller Kreider Lakin Lawson
Leake Legan Levin Liese Linton
Lograsso Loudon Marble Mays 50 McBride
McClelland McKenna Merideth Miller Monaco
Murphy Murray Naeger O'Connor O'Toole
Ostmann Overschmidt Parker Patek Phillips
Pouche 30 Pryor Purgason Ransdall Reid
Reinhart Relford Richardson Ridgeway Riley
Rizzo Robirds Ross Sallee Scheve
Schwab Scott Secrest Seigfreid Selby
Shelton Shields Skaggs Smith Summers
Surface Thompson Townley Treadway Vogel
Wagner Ward Wiggins Williams 121 Williams 159
Wilson 42 Mr. Speaker
NOES: 018
Auer Bray 84 Campbell Days Dougherty
George Green Hohulin Kelly 27 Luetkemeyer
May 108 McLuckie Myers Reynolds Schilling
Tudor Van Zandt Wilson 25
PRESENT: 002
Bartelsmeyer Long
ABSENT WITH LEAVE: 015
Alter Berkstresser Boucher 48 Carter Chrismer
Foley Ford Gambaro Hickey Kasten
Luetkenhaus Nordwald Stokan Troupe Wright
VACANCIES: 001
Speaker Pro Tem Kreider declared the bill passed.
On motion of Representative Hilgemann, title to the bill was agreed to.
Representative Gunn moved that the vote by which the bill passed be reconsidered.
Representative McLuckie moved that motion lay on the table.
The latter motion prevailed.
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 709, entitled:
An act to amend chapter 8, RSMo, by adding thereto one new section relating to a permanent memorial for workers killed or injured on the job.
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 910, entitled:
An act to repeal section 163.191, RSMo 1994, relating to community college districts, and to enact in lieu thereof one new section relating to the same subject.
In which the concurrence of the House is respectfully requested.
On motion of Representative Crump, the House recessed until 3:00 p.m.
AFTERNOON SESSION
The hour of recess having expired, the House was called to order by Speaker Gaw.
The Speaker appointed the following to act as Honorary Page for the Day, to serve without compensation: Gabriele Mack.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 493 - Representative Boatright
House Resolution No. 494
through
House Resolution No. 496 - Representative Murphy
House Resolution No. 497 - Representative Crump
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 HB 1076, HCS HBs 1386 & 1086 and HS HCS HBs 1566 & 1810, begs leave to report it has examined the same and finds them to be truly perfected and that the printed copies thereof furnished the members are correct.
THIRD READING OF HOUSE BILLS
HCS HB 1737, relating to long-term care insurance, was taken up by Representative Monaco.
On motion of Representative Monaco, HCS HB 1737 was read the third time and passed by the following vote:
AYES: 145
Abel Akin Auer Backer Ballard
Barnett Barry 100 Bartelsmeyer Bartle Bennett
Berkowitz Berkstresser Black Blunt Boatright
Bonner Boucher 48 Boykins Bray 84 Britt
Burton Campbell Champion Chrismer Cierpiot
Clayton Crump Curls Davis 122 Days
Dolan Dougherty Elliott Enz Evans
Farnen Fitzwater Foley Ford Foster
Franklin Fraser Froelker 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 Kelley 47 Kelly 27
Kennedy King Kissell Klindt Koller
Kreider Lawson Leake Legan Levin
Liese Linton Lograsso Long Loudon
Luetkenhaus Marble Mays 50 McBride McClelland
McKenna McLuckie Merideth Miller Monaco
Murphy Murray Myers Naeger O'Connor
Ostmann Overschmidt Parker Patek Phillips
Pouche 30 Pryor Purgason Ransdall Reid
Reinhart Relford Reynolds Richardson Riley
Rizzo Robirds Ross Sallee Scheve
Schilling Schwab Scott Secrest Seigfreid
Selby Shelton Shields Skaggs Smith
Summers Surface Thompson Treadway Troupe
Tudor Van Zandt Wagner Ward Wiggins
Williams 121 Wilson 25 Wilson 42 Wright Mr. Speaker
NOES: 002
Hohulin Luetkemeyer
PRESENT: 000
ABSENT WITH LEAVE: 015
Alter Carter Crawford Davis 63 Gambaro
Kasten Lakin May 108 Nordwald O'Toole
Ridgeway Stokan Townley Vogel Williams 159
VACANCIES: 001
Speaker Gaw declared the bill passed.
On motion of Representative Fraser, title to the bill was agreed to.
Representative Seigfreid moved that the vote by which the bill passed be reconsidered.
Representative Wagner moved that motion lay on the table.
The latter motion prevailed.
HB 1082, relating to federal land acquisition, was taken up by Representative Crump.
On motion of Representative Crump, HB 1082 was read the third time and passed by the following vote:
AYES: 127
Abel Akin Auer Backer Ballard
Barnett Barry 100 Bartelsmeyer Bartle Bennett
Berkowitz Berkstresser Black Blunt Boatright
Bonner Boucher 48 Britt Burton Champion
Chrismer Cierpiot Clayton Crawford Crump
Curls Davis 122 Dolan Elliott Enz
Evans Fitzwater Foley Ford Foster
Franklin Froelker Gaskill George Gibbons
Graham 106 Gratz Green Griesheimer Gross
Gunn Hagan-Harrell Hampton Hanaway Hartzler 123
Hartzler 124 Hegeman Hickey Hohulin Holand
Hollingsworth Howerton Kelley 47 Kennedy King
Kissell Klindt Koller Kreider Lakin
Lawson Leake Legan Levin Liese
Linton Lograsso Long Loudon Luetkemeyer
Luetkenhaus Marble Mays 50 McKenna Merideth
Miller Monaco Murphy Murray Myers
Naeger O'Connor Ostmann Overschmidt Parker
Patek Phillips Pouche 30 Pryor Purgason
Ransdall Reid Reinhart Relford Reynolds
Richardson Ridgeway Rizzo Robirds Ross
Sallee Schwab Scott Secrest Seigfreid
Shelton Shields Skaggs Smith Summers
Surface Treadway Troupe Tudor Vogel
Wagner Ward Wiggins Williams 121 Wilson 42
Wright Mr. Speaker
NOES: 021
Boykins Bray 84 Campbell Days Dougherty
Farnen Fraser Graham 24 Harlan Hendrickson
Hilgemann Hoppe Hosmer McBride McClelland
McLuckie Schilling Selby Thompson Van Zandt
Wilson 25
PRESENT: 001
Riley
ABSENT WITH LEAVE: 013
Alter Carter Davis 63 Gambaro Kasten
Kelly 27 May 108 Nordwald O'Toole Scheve
Stokan Townley Williams 159
VACANCIES: 001
Speaker Gaw declared the bill passed.
On motion of Representative Treadway, title to the bill was agreed to.
Representative Parker moved that the vote by which the bill passed be reconsidered.
Representative Barry moved that motion lay on the table.
The latter motion prevailed.
THIRD READING OF HOUSE BILL - CONSENT
HB 1353, relating to coroners' reports, was taken up by Representative Farnen.
HB 1353 was laid over.
PERFECTION OF HOUSE BILLS
HB 1615, with HS, pending, relating to protection of the elderly, was again taken up by Representative Hosmer.
Representative Hollingsworth offered House Amendment No. 1.
House Amendment No. 1
AMEND House Substitute for House Bill No. 1615, Page 25, Section 187.084, Line 4 of said page, by inserting after the word "RSMo" the following:
", or the person is listed on the division of family services' central registry for child abuse and neglect pursuant to sections 210.109 to 210.183, RSMo, or the person's foster care license has been refused, suspended or revoked pursuant to section 210.496, RSMo, or the person is disqualified for employment by the department of mental health pursuant to section 630.170, RSMo."; and
Further amend said bill, Page 87, Section 210.903, Line 18 of said page, by deleting all of said line and inserting in lieu thereof the following:
"pursuant to chapter 198, RSMo;
(7) The employee disqualification list maintained by the department of mental health pursuant to section 630.170, RSMo."; and
Further amend said bill, Page 88, Section 210.909, Line 15 of said page, by deleting all of said line and inserting in lieu thereof the following:
"to sections 210.201 to 210.259 or chapter 198, RSMo;
(6) Determine if the applicant has been placed on the employee disqualification list maintained by the department of mental health pursuant to section 630.170, RSMo."; and
Further amend said bill, Page 88, Section 210.909, Line 20 of said page, by deleting all of said line and inserting in lieu thereof the following:
"to [section 660.315] section 187.081, RSMo, and section 630.170, RSMo, probable cause findings,"; and
Further amend said bill, Page 89, Section 210.909, Line 3 of said page, by inserting after all of said line the following:
"210.915. The department of corrections, the department of public safety, the department of mental health and the department of social services shall collaborate with the department to compare records on child-care and elder-care workers, and the records of persons with criminal convictions and the background checks pursuant to subdivisions (1) to [(6)] (7) of subsection 2 of section 210.903, and to enter into any interagency agreements necessary to facilitate the receipt of such information and the ongoing updating of such information. The department, in coordination with the department of social services, shall promulgate rules and regulations concerning such updating, including subsequent background reviews as listed in subsection 1 of section 210.909."; and
Further amend said bill, Page 89, Section 210.933, Lines 4 to 9 of said page, by deleting all of said lines and inserting in lieu thereof the following:
"210.933. 1. Until January 1, 2001, for any elder-care worker listed in the registry or who has submitted the registration form as required by sections 210.900 to 210.936, an elder-care provider may access the registry in lieu of the requirements established pursuant to section [660.315] 187.081, RSMo, or to subsections 3, 4 and 5 of section [660.317] 187.084, RSMo.
2. Effective January 1, 2001, elder-care providers subject to the provisions of section 187.084, RSMo, shall access the registry to satisfy the employee disqualification provisions specified therein."; and
Further amend said title, enacting clause and intersectional references accordingly.
Representative Hosmer offered House Substitute Amendment No. 1 for House Amendment No. 1.
House Substitute Amendment No. 1
for
House Amendment No. 1
AMEND House Substitute for House Bill No. 1615, Page 25, Section 187.084, Line 4 of said page, by inserting after the word "RSMo" the following:
", or the person is listed on the division of family services' central registry for child abuse and neglect pursuant to sections 210.109 to 210.183, RSMo, or the person's foster care license has been refused, suspended or revoked pursuant to section 210.496, RSMo, or the person is disqualified for employment by the department of mental health pursuant to section 630.170, RSMo."; and
Further amend said bill, Page 25, Section 187.084, Line 11 of said page, by inserting after all of said line the following:
"8. Any provider that violates the provisions of this section shall be subject to the civil penalties established in section 198.067, RSMo, regardless of whether such violation has been or is being corrected."; and
Further amend said bill, Page 87, Section 210.903, Line 18 of said page, by deleting all of said line and inserting in lieu thereof the following:
"pursuant to chapter 198, RSMo;
(7) The employee disqualification list maintained by the department of mental health pursuant to section 630.170, RSMo."; and
Further amend said bill, Page 88, Section 210.909, Line 15 of said page, by deleting all of said line and inserting in lieu thereof the following:
"to sections 210.201 to 210.259 or chapter 198, RSMo;
(6) Determine if the applicant has been placed on the employee disqualification list maintained by the department of mental health pursuant to section 630.170, RSMo."; and
Further amend said bill, Page 88, Section 210.909, Line 20 of said page, by deleting all of said line and inserting in lieu thereof the following:
"to [section 660.315] section 187.081, RSMo, and section 630.170, RSMo, probable cause findings,"; and
Further amend said bill, Page 89, Section 210.909, Line 3 of said page, by inserting after all of said line the following:
"210.915. The department of corrections, the department of public safety, the department of mental health and the department of social services shall collaborate with the department to compare records on child-care and elder-care workers, and the records of persons with criminal convictions and the background checks pursuant to subdivisions (1) to [(6)] (7) of subsection 2 of section 210.903, and to enter into any interagency agreements necessary to facilitate the receipt of such information and the ongoing updating of such information. The department, in coordination with the department of social services, shall promulgate rules and regulations concerning such updating, including subsequent background reviews as listed in subsection 1 of section 210.909."; and
Further amend said bill, Page 89, Section 210.933, Lines 4 to 9 of said page, by deleting all of said lines and inserting in lieu thereof the following:
"210.933. 1. Until January 1, 2001, for any elder-care worker listed in the registry or who has submitted the registration form as required by sections 210.900 to 210.936, an elder-care provider may access the registry in lieu of the requirements established pursuant to section [660.315] 187.081, RSMo, or to subsections 3, 4 and 5 of section [660.317] 187.084, RSMo.
2. Effective January 1, 2001, elder-care providers subject to the provisions of section 187.084, RSMo, shall access the registry to satisfy the employee disqualification provisions specified therein."; and
Further amend said bill, Page 120, Section B, Line 37 of said page, by inserting after all of said line the following:
"Section C. Because immediate action is necessary to ensure the safety of the elderly section 187.084 of section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section 187.084 of section A of this act shall be in full force and effect upon its passage and approval."; and
Further amend said title, enacting clause and intersectional references accordingly.
On motion of Representative Hosmer, House Substitute Amendment No. 1 for House Amendment No. 1 was adopted.
Representative Kissell offered House Amendment No. 2.
House Amendment No. 2
AMEND House Substitute for House Bill No. 1615, Section 660.320, Page 120, Line 35, by inserting immediately after said line the following:
"Section 1. 1. Any person or official who is required to report cases of suspected abuse of adults under the provisions of section 198.070, RSMo, or section 565.188, RSMo, who has reasonable cause to suspect that an adult has died as a result of abuse, sexual abuse, or negligence, shall report that fact to the appropriate medical examiner or coroner. In all cases of death of a resident of any skilled, intermediate care, or residential care facility, the facility shall immediately report the death to the appropriate medical examiner or coroner. The report is required regardless of whether the facility believes the death to be from natural causes or the result of abuse, sexual abuse, or negligence, or any other cause. In all cases of death of an individual in a hospital who, within five days of entering the hospital was a resident of a skilled nursing, intermediate care or residential care facility, the hospital shall immediately report the death to the appropriate medical examiner or coroner. The report is required regardless of whether the facility believes the death to be from natural causes or the result of abuse, sexual abuse, negligence, or any other cause.
2. The medical examiner or coroner shall accept the report for investigation and upon finding reasonable cause to suspect that an adult has died as a result of abuse, sexual abuse, or negligence shall report the findings to the police and the appropriate prosecuting attorney. If the institution making the report is a hospital, or skilled, intermediate care or residential care facility, the coroner or medical examiner shall report the findings to the hospital or facility as part of a pending or ongoing law enforcement investigation."; and
Further amend title and enacting clause accordingly.
On motion of Representative Kissell, House Amendment No. 2 was adopted.
Representative Griesheimer offered House Amendment No. 3.
House Amendment No. 3
AMEND House Substitute for House Bill No. 1615, Page 105, Section 660.401, Line 20 of said page, by inserting after all of said line the following:
"Section 1. No long-term care facility shall be more than one hundred twenty days delinquent in payments to vendors of essential services, including but not limited to vendors of food, utilities, maintenance or pharmaceutical supplies, if such delinquency affects the quality of care received by the facility's residents. Upon receipt and verification of a complaint of delinquency of payment from a vendor of essential services, the division of aging may require the facility to draft a plan of correction. If the division determines that the corrective measures are inadequate or have not been implemented, the division may impose sanctions against the facility, including revocation of the facility's license."; and
Further amend said title, enacting clause and intersectional references accordingly.
On motion of Representative Griesheimer, House Amendment No. 3 was adopted.
Representative Smith offered House Amendment No. 4.
House Amendment No. 4
AMEND House Substitute for House Committee Substitute for House Bill No. 1615, Page 75, Section 208.152(9), Line 18, by deleting lines 18 thru 21, of underlined language, starting with the word "No" and ending the with word "rules;".
Representative Holand offered House Substitute Amendment No. 1 for House Amendment No. 4.
House Substitute Amendment No. 1
for
House Amendment No. 4
AMEND House Substitute for House Bill No. 1615, Page 75, Section 208.152(9), Line 20, [Joint Committee on Administrative Rules], insert House Committee, Appropriations for Social Services & Corrections, Medicaid Subcommittee.
Representative Holand moved that House Substitute Amendment No. 1 for House Amendment No. 4 be adopted.
Which motion was defeated.
HB 1615, with HS, as amended, and House Amendment No. 4, pending, was laid over.
REFERRAL OF HOUSE BILLS
The following House Bills were referred to the Committee indicated:
HS HCS HB 1076 - Fiscal Review (Fiscal Note)
HS HCS HBs 1566 & 1810 - Fiscal Review (Fiscal Note)
HB 2102 - Transportation
COMMITTEE REPORTS
Committee on Critical Issues, Chairman Harlan reporting:
Mr. Speaker: Your Committee on Critical Issues, to which was referred HJR 42, begs leave to report it has examined the same and recommends that it Do Pass.
Mr. Speaker: Your Committee on Critical Issues, to which was referred HB 1747, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Committee on Local Government and Related Matters, Chairman Hoppe reporting:
Mr. Speaker: Your Committee on Local Government and Related Matters, to which was referred HB 1768, begs leave to report it has examined the same and recommends that it Do Pass.
Committee on Miscellaneous Bills and Resolutions, Chairman O'Toole reporting:
Mr. Speaker: Your Committee on Miscellaneous Bills and Resolutions, to which was referred HJR 45, begs leave to report it has examined the same and recommends that it Do Pass with House Committe Amendment No. 1.
House Committee Amendment No. 1
AMEND House Joint Resolution No. 45, Page 2, Section 39(a), Line 16, by striking the word "six" and inserting in lieu thereof the word "twelve".
Committee on Retirement, Chairman Hagan-Harrell reporting:
Mr. Speaker: Your Committee on Retirement, to which was referred HB 1847, HB 1356, HB 1593 and HB 1764, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
INTRODUCTION OF HOUSE BILLS
The following House Bills were read the first time and copies ordered printed:
HB 2110, introduced by Representatives Bonner, Monaco, Cierpiot, Ross and Lograsso, et al, relating to jails and jailers.
HB 2111, introduced by Representative Kissell, relating to charges for water service.
HB 2112, introduced by Representatives Hegeman and Summers, relating to the large animal veterinary medicine loan repayment program.
HB 2113, introduced by Representatives Foster, Schwab and Richardson, et al, relating to disability benefits in teacher and school employee retirement systems.
HB 2114, introduced by Representative Hoppe, relating to transportation authorities in certain cities and counties.
HB 2115, introduced by Representative Schilling, relating to insurance coverage for mental health or chemical dependency services.
HB 2116, introduced by Representatives Riback Wilson (25), McLuckie, Fitzwater, Schilling and Shelton, et al, relating to access to student records.
COMMITTEE CHANGES
The Speaker submitted the following Committee changes:
Representative Carter is no longer a member of the Budget Committee.
Representative Wiggins has been appointed a member of the Budget Committee.
Representative Selby is no longer a member of the Insurance Committee.
Representative Wagner has been appointed a member of the Insurance Committee.
Representative Davis (63) is no longer a member of the Public Safety and Law Enforcement Committee.
Representative Selby has been appointed a member of the Public Safety and Law Enforcement Committee.
ADJOURNMENT
On motion of Representative Crump, the House adjourned until 10:00 a.m., Thursday, March 9, 2000.
CORRECTIONS TO THE HOUSE JOURNAL
Correct House Journal, Thirty-sixth Day, Tuesday, March 7, 2000, pages 488 and 489, roll call, by showing Representative Champion voting "no" rather than "absent with leave".
Pages 490 and 491, roll call, by showing Representative Williams (159) voting "no" rather than "absent with leave".
Pages 494 and 495, roll call, by showing Representatives Gross, Surface and Tudor voting "aye" rather than "absent with leave".
Pages 503 and 504, roll call, by showing Representative Surface voting "aye" rather than "absent with leave".
COMMITTEE MEETINGS
AGRICULTURE
Thursday, March 9, 2000. Side gallery upon noon adjournment.
Executive Session.
To be considered - HB 1811
BUDGET
Thursday, March 9, 2000, 8:00 am. Hearing Room 3.
Executive Session on FY 2001 budget.
BUDGET
Thursday, March 9, 2000. Hearing Room 3 upon morning adjournment.
Executive Session on FY 2001 budget.
CONSUMER PROTECTION AND HOUSING
Thursday, March 9, 2000. Side gallery upon adjournment.
To be considered - Executive Session - HB 1281, Executive Session - HB 1877
CRITICAL ISSUES
Monday, March 13, 2000, 7:30 pm. Hearing Room 3.
Executive Session may or may not follow.
To be considered - HB 1418, HCR 5
EDUCATION - ELEMENTARY AND SECONDARY
Monday, March 13, 2000, 3:00 pm. Hearing Room 1. Executive Session.
To be considered - HB 1255, HB 1379, HB 1412, HB 1784
ENVIRONMENT AND ENERGY
Thursday, March 9, 2000. Side gallery upon morning adjournment.
Executive Session.
To be considered - HB 1619, HB 1655, HB 2025
MISSOURI TOBACCO SETTLEMENT
Wednesday, March 15, 2000, 8:30 am. Hearing Room 7.
To be considered - SB 549
SOCIAL SERVICES, MEDICAID AND THE ELDERLY
Tuesday, March 14, 2000, 7:30 pm. Hearing Room 6.
Possible Executive Session to follow.
To be considered - HB 2070, HB 2075
URBAN AFFAIRS
Tuesday, March 14, 2000, 8:00 pm. Hearing Room 4.
To be considered - HB 1846
HOUSE CALENDAR
THIRTY-EIGHTH DAY, THURSDAY, MARCH 9, 2000
HOUSE BILLS FOR SECOND READING
HB 2110 through HB 2116
HOUSE JOINT RESOLUTION FOR PERFECTION
HJR 40 - Graham (24)
HOUSE BILLS FOR PERFECTION
1 HB 1615, HS, as amended and HA 4, pending - Hosmer
2 HCS HB 1172, 1501, 1633, 1440, 1634, 1177 & 1430 - Davis (122)
3 HB 1238 - Hoppe
4 HCS HB 1242 - Treadway
5 HB 1472 - Smith
6 HCS HB 1434 - Skaggs
7 HCS HB 1481 - Smith
8 HCS HB 1305 - Rizzo
9 HCS HB 1574 & 1640 - Ladd Stokan
10 HCS HB 1677, 1675 & 1676 - Riback Wilson (25)
11 HCS HB 1652 & 1433 - Hoppe
12 HB 1603, HCA 1 and HCA 2 - O'Connor
13 HCS HB 1711 - Abel
14 HCS HB 1797 - Gratz
15 HCS HB 1569 - Bray
16 HCS HB 1932 - Harlan
17 HCS HB 1967 - Hoppe
18 HB 1728 - 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
HOUSE BILLS FOR PERFECTION - CONSENT
(March 2, 2000)
1 HB 1077 - Relford
2 HB 1808 - O'Toole
(March 7, 2000)
1 HB 1499 - Hoppe
2 HB 1647 - Skaggs
3 HB 1631 - Hoppe
4 HB 1841 - Kreider
5 HB 1579 - Hoppe
HOUSE BILLS FOR THIRD READING
1 HS HCS HB 1566 & 1810, E.C., (Fiscal Review, 3-8-00) - Bray
2 HCS HB 1386 & 1086 - Britt
3 HS HCS HB 1076, E.C., (Fiscal Review, 3-8-00) - Relford
HOUSE BILLS FOR THIRD READING - CONSENT
1 HB 1353 - Farnen
2 HB 1185 - Gratz
3 HB 1085 - Selby
4 HB 1396 - Farnen
5 HB 1097 - Hosmer
6 HB 1289 - Auer
7 HB 1335 - Scheve
8 HB 1848 - Treadway
9 HB 1923, E.C. - Ransdall
10 HB 1875 - Franklin
11 HB 1802 - Monaco
12 HB 1544 - Smith
13 HB 1591 - Backer
14 HB 1739 - Auer
15 HB 1486 - Abel
16 HB 1509 - Hosmer
17 HB 1374 - Graham (24)
18 HB 1465 - Ransdall
19 HB 1706 - Gambaro
20 HB 1428 - Hickey
21 HB 1454 - Hoppe
22 HB 1604 - Graham (106)
23 HB 1568 - Riback Wilson (25)
24 HB 1596 - Auer
25 HB 1685 - Smith
26 HB 1948 - Gratz
27 HB 1825 - Klindt
SENATE BILLS FOR SECOND READING
1 SB 709
2 SB 910
HOUSE RESOLUTION
HR 91, (2-24-00, pgs. 397 & 398) - Crawford
Missouri House of
Representatives