Second Regular Session, 90th General Assembly
THIRTY-NINTH DAY, Monday, March 13, 2000
Speaker Pro Tem Kreider in the Chair.
Prayer by Reverend Rudy Beard.
Creator God, we know of no better way to begin the work of another week than by rededicating our lives and energy to Your service. Help the men and women of the House, and those who work alongside them in the staff, to do their best for Missouri.
Bless their efforts on behalf of those whose needs are great, children, prisoners, the poor and the ill; so that by serving others they may know they serve You, the author and giver of all life.
You are the Hope of all; and to You be all glory and honor, forever. Amen.
The Pledge of Allegiance to the flag was recited.
The Journal of the thirty-eighth day was approved as corrected by the following vote:
AYES: 082
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 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 Van Zandt Wagner
Ward Wiggins Williams 121 Williams 159 Wilson 25
Wilson 42 Mr. Speaker
NOES: 070
Akin Ballard Barnett Bartle Bennett
Berkstresser 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 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: 008
Alter Bartelsmeyer Kasten Mays 50 Nordwald
Secrest Stokan Troupe
VACANCIES: 002
RESOLUTION
Representatives Days, Foley, George, Green, Gunn, Murray, O'Connor, Reynolds and Thompson offered House Resolution No. 550.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 516 - Representative Williams (121)
House Resolution No. 517
through
House Resolution No. 528 - Representative Murphy
House Resolution No. 529 - Representatives Enz and Hendrickson
House Resolution No. 530
through
House Resolution No. 547 - Representative Murphy
House Resolution No. 548 - Representative Wiggins
House Resolution No. 549 - Representative Townley
House Resolution No. 551 - Representative Hegeman
SECOND READING OF HOUSE BILLS
HB 2117 through HB 2124 were read the second time.
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 (By Consent) HB 1808 and HB 1077, 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.
PERFECTION OF HOUSE BILL
HB 1615, with House Amendment No. 8 and HS, as amended, pending, relating to protection of the elderly, was taken up by Representative Hosmer.
House Amendment No. 8 was withdrawn.
Representative Richardson offered House Amendment No. 8.
House Amendment No. 8
AMEND House Substitute for House Bill No. 1615, Page 11, Section 187.075, Line 18, by inserting after the word "official," the words "concerned citizen"; and
Further amend said bill, Page 11, Line 20, by inserting after the word "an" the following: "individual residing in their home or residence has been abused or neglected or an"; and
Further amend said bill, Page 12, Line 7, by inserting after the words "the in-home services client" the following: "or the individual residing in their own home or residence"; and
Further amend said bill, Page 12, Line 12, by inserting after the word "an" the following: "individual residing in their home or residence or an"; and
Further amend said bill, Page 12, Line 18, by inserting after the word "an" the following: "individual residing in their home or residence or an"; and
Further amend said bill, Page 12, Line 23, by inserting after the word "the" the following: "individual residing in their own home or residence or the"; and
Further amend said bill, Page 13, Line 2, at the beginning of said line, by inserting the following: "individual residing in their home or residence or the"; and
Further amend said bill, Page 13, Line 10, by inserting after the word "an" the following: "individual residing in their home or residence or the"; and
Further amend said bill, Page 13, Line 21, by inserting after the word "an" the following: "individual residing in their home or residence or the"; and
Further amend said bill, Page 14, Line 11, by inserting after the word "an" the following: "individual residing in their home or residence or the"; and
Further amend said bill, Section 187.078, Page 14, Line 15, by inserting after the word "an" the following: "individual residing in their own home or residence or an"; and
Further amend said bill, Page 14, Line 22, at the beginning of said line, by adding the following: "an individual residing in their own home or residence,"; and
Further amend said bill, Page 15, Subsection 3, Line 2, after the word "the" by inserting the following: "individual providing care of an individual sixty years of age or older residing in their own home or residence,"; and
Further amend said bill, Page 15, Line 3, after the words "diverts from the" by inserting the following: "individual residing in their home or residence or"; and
Further amend said bill, Page 15, Line 4, by inserting after the word "funds" the following: "of an individual residing in their home or residence or an in-home service client".
On motion of Representative Richardson, House Amendment No. 8 was adopted.
Representative Hanaway offered House Amendment No. 9.
House Amendment No. 9 was withdrawn.
Representative Hanaway offered House Amendment No. 9.
House Amendment No. 9
AMEND House Substitute for House Bill No. 1615, Page 5, Section 187.020.1, Line 1, by inserting after the words "resident intern" the words "nurse practitioners, physicians' assistants,".
On motion of Representative Hanaway, House Amendment No. 9 was adopted.
Representative Kelley (47) offered House Amendment No. 10.
House Amendment No. 10
AMEND House Substitute for House Bill No. 1615, Page 53, Section 208.010, Line 7, by deleting the word "four" and inserting in lieu thereof the following: "twenty-five hundred"; and
Further amend House Substitute for House Bill No. 1615, Page 53, Section 208.010, Line 11, by deleting the word "six" and inserting in lieu thereof the following: "four"; and
Further amend House Substitute for House Bill No. 1615, Page 70, Section 208.151, Line 14, by deleting the following: "four" and inserting in lieu thereof the following: "twenty-five hundred"; and
Further amend House Substitute for House Bill No. 1615, Page 70, Section 208.151, Line 14, by deleting the following: "six" and inserting in lieu thereof the following: "four".
Representative Naeger offered House Substitute Amendment No. 1 for House Amendment No. 10.
House Substitute Amendment No. 1
for
House Amendment No. 10
AMEND House Substitute for House Bill No. 1615, Page 53, Section 208.010, Line 7, by deleting the word "four" and inserting in lieu thereof the following: "five thousand"; and
Further amend House Substitute for House Bill No. 1615, Page 53, Section 208.010, Line 11, by deleting the word "six" and inserting in lieu thereof the following: "seven"; and
Further amend House Substitute for House Bill No. 1615, Page 70, Section 208.151, Line 14, by deleting the following: "four" and inserting in lieu thereof the following: "five thousand"; and
Further amend House Substitute for House Bill No. 1615, Page 70, Section 208.151, Line 14, by deleting the following: "six" and inserting in lieu thereof the following: "seven".
On motion of Representative Naeger, House Substitute Amendment No. 1 for House Amendment No. 10 was adopted by the following vote:
AYES: 148
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 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
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 Lograsso
Long Loudon Luetkemeyer Luetkenhaus Marble
May 108 McBride McKenna McLuckie Merideth
Miller Monaco Murphy Murray Myers
Naeger O'Connor O'Toole Ostmann Overschmidt
Parker Patek Phillips Pouche 30 Pryor
Purgason Ransdall Reid Reinhart Relford
Reynolds Richardson Ridgeway Rizzo Robirds
Ross Sallee Scheve Schilling Schwab
Scott Seigfreid Selby Shelton Shields
Skaggs Smith Summers Surface Thompson
Townley Treadway Tudor Van Zandt Wagner
Ward Wiggins Williams 121 Williams 159 Wilson 25
Wilson 42 Wright Mr. Speaker
NOES: 001
Hagan-Harrell
PRESENT: 001
Riley
ABSENT WITH LEAVE: 011
Alter Chrismer Kasten Linton Mays 50
McClelland Nordwald Secrest Stokan Troupe
Vogel
VACANCIES: 002
Representative Kelly (27) offered House Amendment No. 11.
House Amendment No. 11
AMEND House Substitute for House Bill No. 1615, Page 7, Section 187.020, Line 6, by inserting after the figure "187.087" found on said line the following:
", provided that
(1) the information pursuant to 187.020.2 and 187.020.6, RSMo, shall be reported to any person with durable power of attorney or with legal guardianship for the resident who is the subject of the complaint and investigation; and
(2) such information shall not be reported to any person pursuant to (1) of this subsection if such person is the alleged perpetrator of the abuse or neglect.".
On motion of Representative Kelly (27), House Amendment No. 11 was adopted.
Representative Patek offered House Amendment No. 12.
House Amendment No. 12 was withdrawn.
Representative Backer offered House Amendment No. 12.
House Amendment No. 12
AMEND House Substitute for House Bill No. 1615, Page 86, Section 208.152, Line 19, by adding a new subsection 11 to read as follows:
11. The department of social services shall, in connection with medical assistance provided for in section 208.152.1(4), RSMo, make payment through rates determined in accordance with methods and standards developed by the department of social services which take into account the costs, including the costs of services required to attain or maintain the highest practicable physical, mental and psycho social well-being of each resident eligible for benefits under the Missouri Medicaid program, of complying with subsection's (b) (other than paragraph (3)(F) thereof), (c) and(d) of 42 U.S.C. � 1396r(b), (c) and(d) and provide (in the case of a nursing facility with a waiver under 42 U.S.C. � 1396r(b)(4)(C)(ii) for an appropriate reduction to take into account the lower costs (if any) of the facility for nursing care and which the division of medical services finds, and makes assurances satisfactory to the director of the department of social services, are reasonable and adequate to meet the costs which must be incurred by efficiently and economically operated facilities in order to provide care and services in conformity with applicable state and federal laws, regulations, and quality and safety standards.
On motion of Representative Backer, House Amendment No. 12 was adopted.
HB 1615, with HS, as amended, pending, was laid over.
PERFECTION OF HOUSE BILLS - INFORMAL
HCS HB 1362, with HS, as amended, pending, relating to health insurance, was taken up and placed back on the Informal Calendar.
HCS HB 1602, as amended, relating to livestock sales regulations, was taken up and placed back on the Informal Calendar.
REFERRAL OF HOUSE BILLS
The following House Bills were referred to the Committee indicated:
HB 2013 - Public Health
HB 2110 - Criminal Law
COMMITTEE REPORT
Committee on Civil and Administrative Law, Chairman Smith reporting:
Mr. Speaker: Your Committee on Civil and Administrative Law, to which was referred HB 1718, 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 2125, introduced by Representative Selby, relating to comprehensive psychiatric services.
HB 2126, introduced by Representative Kelly (27), relating to crime victims' compensation.
HB 2127, introduced by Representative Kelly (27), relating to one hundred twenty day probation.
HB 2128, introduced by Representative Skaggs, relating to certificate of need.
HB 2129, introduced by Representatives McLuckie and Bray, relating to the promotion of energy efficiency.
ADJOURNMENT
On motion of Representative Foley, the House adjourned until 10:00 a.m., Tuesday, March 14, 2000.
CORRECTION TO THE HOUSE JOURNAL
Correct House Journal, Thirty-eighth Day, Thursday, March 9, 2000, pages 534 and 535, roll call, by showing Representative Barnett voting "no" rather than "absent with leave".
COMMITTEE MEETINGS
APPROPRIATIONS - GENERAL ADMINISTRATION
Tuesday, March 14, 2000. Hearing Room 7 upon morning adjournment.
To be considered - HB 1113
CIVIL AND ADMINISTRATIVE LAW
Wednesday, March 15, 2000. Hearing Room 1 upon morning adjournment.
To be considered - HB 1935, Executive Session - HB 1646
COMMERCE
Tuesday, March 14, 2000. Hearing Room 5 upon morning adjournment.
Executive Session may follow.
To be considered - HB 1945, HB 2036, HB 2087
CORRECTIONAL AND STATE INSTITUTIONS
Tuesday, March 14, 2000, 8:00 pm. Hearing Room 7.
Executive Session may follow.
To be considered - HB 2055, HCR 21
FISCAL REVIEW
Tuesday, March 14, 2000, 8:30 am. Hearing Room 7.
Executive Session.
To be considered - HB 1076, HB 1566
GOVERNMENTAL ORGANIZATION AND REVIEW
Wednesday, March 15, 2000, 8:30 am. Hearing Room 5.
To be considered - HB 1218, HB 2092
INSURANCE
Tuesday, March 14, 2000, 8:30 am. Hearing Room 5.
To be considered - HB 1874
MISSOURI TOBACCO SETTLEMENT
Wednesday, March 15, 2000, 8:30 am. Hearing Room 7.
To be considered - SB 549
MOTOR VEHICLE AND TRAFFIC REGULATIONS
Tuesday, March 14, 2000. Hearing Room 1 upon morning adjournment.
To be considered - HB 2034, HB 2056
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
TRANSPORTATION
Wednesday, March 15, 2000. Hearing Room 6 upon morning adjournment.
Executive Session to follow.
To be considered - HB 2102, HCR 18
URBAN AFFAIRS
Tuesday, March 14, 2000, 8:00 pm. Hearing Room 4.
AMENDED NOTICE.
To be considered - HB 1846, HB 2114
WAYS AND MEANS
Tuesday, March 14, 2000, 1:00 pm. Hearing Room 6.
Executive Session.
HOUSE CALENDAR
FORTIETH DAY, TUESDAY, MARCH 14, 2000
HOUSE BILLS FOR SECOND READING
HB 2125 through HB 2129
HOUSE JOINT RESOLUTION FOR PERFECTION
HJR 40 - Graham (24)
HOUSE BILLS FOR PERFECTION - APPROPRIATIONS
1 HCS HB 1101 - Green
2 HCS HB 1102 - Lakin
3 HCS HB 1103 - Lakin
4 HCS HB 1104 - Green
5 HCS HB 1105 - Green
6 HCS HB 1106 - Scheve
7 HCS HB 1107 - Scheve
8 HCS HB 1108 - Lakin
9 HCS HB 1109 - Troupe
10 HCS HB 1110 - Riback Wilson (25)
11 HCS HB 1111 - Troupe
12 HCS HB 1112 - Green
HOUSE BILLS FOR PERFECTION
1 HB 1615, HS, as amended, 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 - Britt
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, 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
HOUSE BILLS FOR PERFECTION - CONSENT
(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 1085 - Selby
2 HB 1396 - Farnen
3 HB 1097 - Hosmer
4 HB 1289 - Auer
5 HB 1335 - Scheve
6 HB 1848 - Treadway
7 HB 1923, E.C. - Ransdall
8 HB 1875 - Franklin
9 HB 1802 - Monaco
10 HB 1544 - Smith
11 HB 1591 - Backer
12 HB 1739 - Auer
13 HB 1486 - Abel
14 HB 1509 - Hosmer
15 HB 1374 - Graham (24)
16 HB 1465 - Ransdall
17 HB 1706 - Gambaro
18 HB 1428 - Hickey
19 HB 1454 - Hoppe
20 HB 1604 - Graham (106)
21 HB 1568 - Riback Wilson (25)
22 HB 1596 - Auer
23 HB 1685 - Smith
24 HB 1948 - Gratz
25 HB 1825 - Klindt
26 HB 1077 - Relford
27 HB 1808 - O'Toole
HOUSE RESOLUTION
HR 91, (2-24-00, pgs. 397 & 398) - Crawford
Missouri House of
Representatives