Journal of the House

First Regular Session, 91st General Assembly

SIXTY-FIFTH DAY, Tuesday, May 1, 2001

Speaker Kreider in the Chair.

Prayer by Reverend Rudy Beard.

Gracious God: we pray that the people of Missouri, who have made progress in things material, will grow in things that are of the heart and soul. Bless these legislators as they lead. Keep their commitments clear. Grant them a love of justice and a willingness to care for the least among us.

To You be glory and honor. 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: Nick Hart, Mia McMurtry, Tammy Raymond, Teresa Brauer, Austin Nolting, Britiney Koechner, Michael McGowan, Jennifer Sepe, Adele Jackson and Jessica Redstone.

The Journal of the sixty-fourth day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1743 - Representative Bowman

House Resolution No. 1744 - Representatives Lowe and Jolly

House Resolution No. 1745 - Representative Foley

House Resolution No. 1746 - Representative Crawford

House Resolution No. 1747 - Representative Ward

House Resolution No. 1748

through

House Resolution No. 1751 - Representative Britt

House Resolution No. 1752

through

House Resolution No. 1766 - Representative Henderson

House Resolution No. 1767

and

House Resolution No. 1768 - Representative Scott

HOUSE RESOLUTION

Representative Ward offered HR 1747, which was read.

HOUSE RESOLUTION NO. 1747

WHEREAS, the members of the Missouri House of Representatives occasionally pause in their diverse legislative endeavors in order to bid a fond farewell to Show-Me State employees whose diligent and conscientious labors down through the years have greatly assisted the functioning of state government and served as an outstanding example for their peers; and

WHEREAS, Sue Walker of House Publications, located in the foundational depths of the state capitol, retired on December 31, 2000, an achievement for which she will be honored with a festive, in-office celebration on May 1, 2001, to be hosted by her colleagues, Sharon Bertles, Terri Boyce, Bonnie Burden, Carrie Fisher, Meg Kemna, Alan Mansager, Carol Mesey, Linda Mirts, Pat Peterson, Kim Ralston, and Angie Thessen and attended by a large number of people looking for the cafeteria or the print shop; and

WHEREAS, unaware that retirement meant she did not have to come to work anymore, Sue Walker has continued to be an invaluable employee throughout the First Regular Session of the Ninety-first General Assembly in the year 2001; and

WHEREAS, Sue Walker expects to be finally caught up with all of her work sometime in June, at which time she will shift the focus of her daily attention to such attractive endeavors as camping and enticing fish to take bait; and

WHEREAS, the last of the "old-timers", Sue Walker vividly remembers when the process of cutting and pasting a document together actually involved scissors and glue instead of a mouse, keyboard, and rather small television screen; and

WHEREAS, in addition to her many endeavors as a House Publications employee, Sue Walker is very proud to be known as the mother of Kenette Walker and Kim Walker and the grandmother of wonderful Kenna Rice and Weston Rice:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-first General Assembly, join unanimously to salute Sue Walker for the many contributions she has made over the years to the all-important pre-press composing work of House Publications and to convey to her this legislative body's heartiest congratulations and best wishes for a future filled with the special opportunities and pleasures that are traditionally associated with the golden years of retirement; and

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for Sue Walker, as a measure of our esteem for her and her career-long activities.

SECOND READING OF SENATE BILLS

SCS SBs 52 & 91, SCS #2 SB 66, SCS SBs 69 & 458, SS SCS SBs 448 & 588 and SS SCS SBs 476, 427 & 62 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 HCS HB 274, begs leave to report it has examined the foregoing bill and finds the same to be truly and correctly printed as agreed to and finally passed.

REFERRAL OF SENATE BILL

The following Senate Bill was referred to the Committee indicated:

HCS SS SCS SB 267 - Fiscal Review and Government Reform (Fiscal Note)

ADOPTION AND THIRD READING OF SENATE CONCURRENT RESOLUTIONS

SCR 26, relating to the joint interim committee on education, was taken up by Representative Franklin.

On motion of Representative Franklin, SCR 26 was truly agreed to and finally passed by the following vote:

Speaker Kreider declared the bill passed.

SS SCR 6, relating to Tartan Day, was taken up by Representative O'Toole.

On motion of Representative O'Toole, SS SCR 6 was truly agreed to and finally passed by the following vote:

Speaker Kreider declared the bill passed.

SCR 10, relating to railroad retirement, was taken up by Representative Koller.

On motion of Representative Koller, SCR 10 was truly agreed to and finally passed by the following vote:

Speaker Kreider declared the bill passed.

Representative Long assumed the Chair.

HCS SS SCR 13, relating to the Missouri River, was taken up by Representative Myers.

On motion of Representative Myers, HCS SS SCR 13 was adopted.

On motion of Representative Myers, HCS SS SCR 13 was read the third time and passed by the following vote:

Representative Long declared the bill passed.

SCS SCR 14, relating to the joint interim committee to study funding system for safety net providers, was taken up by Representative O'Toole.

On motion of Representative O'Toole, SCS SCR 14 was truly agreed to and finally passed by the following vote:

Representative Long declared the bill passed.

SCR 16, relating to military voting rights, was taken up by Representative Boucher.

On motion of Representative Boucher, SCR 16 was truly agreed to and finally passed by the following vote:

Representative Long declared the bill passed.

SCR 22, relating to acts of the General Assembly, was taken up by Representative Clayton.

On motion of Representative Clayton, SCR 22 was truly agreed to and finally passed by the following vote:

Representative Long declared the bill passed.

SCR 20, relating to the national online information center, was taken up by Representative Kreider.

On motion of Representative Kreider, SCR 20 was truly agreed to and finally passed by the following vote:

Representative Long declared the bill passed.

Speaker Kreider resumed the Chair.

THIRD READING OF HOUSE BILL

Representative Scheve assumed the Chair.

Speaker Kreider resumed the Chair.

HS HB 555, relating to life sciences and the tobacco settlement, was taken up by Representative Foley.

On motion of Representative Foley, HS HB 555 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

SIGNING OF HOUSE BILL

All other business of the House was suspended while HCS HB 274 was read at length and, there being no objection, was signed by the Speaker to the end that the same may become law.

Having been duly signed in open session of the Senate, HCS HB 274 was delivered to the Governor by the Chief Clerk of the House.

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 adopted HS HCR 6.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HB 459, entitled:

An act to repeal section 375.1220, RSMo 2000, relating to insurer liquidation law, and to enact in lieu thereof one new section relating to the same subject, with a termination date and an emergency clause.

Emergency clause adopted.

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 HB 732.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 816.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 933.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 955, entitled:

An act to repeal sections 208.471 and 208.480, RSMo 2000, and to enact in lieu thereof two new sections relating to the hospital federal reimbursement allowance program.

With Senate Committee Amendment No. 1.

Senate Committee Amendment No. 1

AMEND House Bill No. 955, Page 1, Section 208.471, Line 9, by deleting the period after the word "payments" and inserting in lieu thereof a comma; and

Further amend said bill, same page and section, Line 11, by deleting the words "shall be" and inserting in lieu thereof "such payments or assessments are".

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 Speaker Kreider.

The Speaker appointed the following to act as an Honorary Page for the Day, to serve without compensation: Dale Johnson.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1769

through

House Resolution No. 1775 - Representatives Lowe and Jolly

House Resolution No. 1776 - Representative Berkstresser

House Resolution No. 1777 - Representative Fraser

House Resolution No. 1778 - Representative Gaskill

House Resolution No. 1779 - Representatives Marble, Gratz and Copenhaver

House Resolution No. 1780 - Representative Crawford

House Resolution No. 1781 - Representative Hunter

House Resolution No. 1782 - Representative Wagner, et al

House Resolution No. 1783

through

House Resolution No. 1809 - Representative Jetton

House Resolution No. 1810

and

House Resolution No. 1811 - Representative Relford

House Resolution No. 1812 - Representative Clayton

House Resolution No. 1813

through

House Resolution No. 1826 - Representative Cierpiot

HOUSE BILLS WITH SENATE AMENDMENTS

SCS HCS HB 18, as amended, relating to appropriations, was taken up by Representative Green (73).

Representative Green (73) moved that the House refuse to adopt SCS HCS HB 18, as amended, and request the Senate to recede from its position or, failing to do so, grant the House a conference.

Which motion was adopted.

SCS HCS HB 19, relating to appropriations, was taken up by Representative Green (73).

Representative Green (73) moved that the House refuse to adopt SCS HCS HB 19 and request the Senate to recede from its position or, failing to do so, grant the House a conference.

Which motion was adopted.

SCS HCS HB 13, relating to appropriations, was taken up by Representative Green (73).

Representative Green (73) moved that the House refuse to adopt SCS HCS HB 13 and request the Senate to recede from its position or, failing to do so, grant the House a conference.

Which motion was adopted.

SIGNING OF SENATE BILLS

All other business of the House was suspended while SB 224, SCS SB 431 and SB 443 were read at length and, there being no objection, were signed by the Speaker to the end that the same may become law.

Speaker Pro Tem Abel assumed the Chair.

THIRD READING OF HOUSE BILLS

HS HCS HBs 835, 90, 707, 373, 641, 510, 516 & 572, relating to the omnibus crime bill, was taken up by Representative Britt.

On motion of Representative Britt, HS HCS HBs 835, 90, 707, 373, 641, 510, 516 & 572 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HS HCS HBs 280, 69, 497 & 689, relating to medical transport services, was taken up by Representative Hoppe.

On motion of Representative Hoppe, HS HCS HBs 280, 69, 497 & 689 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HS HB 736, relating to the omnibus banking bill, was taken up by Representative Liese.

On motion of Representative Liese, HS HB 736 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 592, relating to the multicultural program and committee, was taken up by Representative Williams.

On motion of Representative Williams, HB 592 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

The emergency clause was adopted by the following vote:

HCS HB 428, relating to eluding a law enforcement official, was taken up by Representative Kelly (36).

On motion of Representative Kelly (36), HCS HB 428 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

PERFECTION OF HOUSE BILL - INFORMAL

HB 715, relating to certificate of need, was taken up by Representative Foley.

Representative Foley offered HS HB 715.

Representative Monaco assumed the Chair.

Representative Crowell offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Bill No. 715, Page 18, Section 197.378.4, Line 1, by inserting after the word "renovate" the following: ", expand"; and

Further amend said section, Line 3, by inserting after the word "certification" the following: "and must include in the application for review certification a plan for eliminating excess bed capacity if the facility or system is less than seventy percent occupied over the most recent twelve-month reporting period".

Representative Crowell moved that House Amendment No. 1 be adopted.

Which motion was defeated by the following vote:

Representative Ridgeway offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Bill No. 715, Page 12, Section 197.370 (5), Line 32, by deleting all of said line; and

Further amend said section, Page 13, Lines 1 through 9, by deleting all of said lines; and

Further amend said page, Section 197.370 (6), Line 13, by deleting after the word "facility", the following words: "or first time service"; and

Further amend said bill, section 197.374.1, Page 16, Line 20, by deleting after the word "service" the following words: "or a first-time service".

Speaker Pro Tem Abel resumed the Chair.

Representative Ridgeway moved that House Amendment No. 2 be adopted.

Which motion was defeated by the following vote:

Representative Richardson offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Bill No. 715, Page 22, Section 197.384, Line 4 of said page, by inserting after all of said line the following:

"Section 1. 1. The department of economic development shall conduct a study on the economic impact of Missouri's certificate of need program for the period beginning January 1, 1980, and ending June 1, 2001, with an emphasis on the investigation of those projects rejected by the health facilities review committee during such period and those projects withdrawn from consideration. The study shall:

(1) Quantify the costs to Missouri health providers associated with compliance with Missouri's certificate of need program during such period, including a study of the amounts paid for certificate of need filing fees and fees to consultants, attorneys and lobbyists by applicants for projects approved by the health facilities review committee during such period;

(2) Include results of targeted focus groups and personal interviews with hospital, physician applicants to the certificate of need program to determine the impact of compliance with the certificate of need program on the private health planning process;

(3) Determine the economic impact of Missouri's certificate of need program in those areas of the state where bordering states have lesser or no certificate of need requirements, including quantifying lost jobs and revenue to the state of Missouri as a result of health care projects and facilities that located outside Missouri as a result of Missouri's certificate of need requirements; and

(4) Estimate the loss of competitive alternative health care facilities to Missouri's citizens as a result of the certificate of need program.

2. In conducting the study, the department may engage the services of consulting engineering firms, certified public accountants and health care consultants.

3. The department of economic development shall submit the completed study to the governor and general assembly by May 1, 2002."; and

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

Representative Monaco resumed the Chair.

On motion of Representative Richardson, House Amendment No. 3 was adopted by the following vote:

Representative Portwood offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Bill No. 715, Page 3, Section 197.305 (7), Line 17, by deleting the bracket before the word "the"; and

Further amend said section, Line 19, by deleting the bracket after the word "and".

Representative Portwood moved that House Amendment No. 4 be adopted.

Which motion was defeated by the following vote: