Journal of the House

Second Regular Session, 91st General Assembly

SEVENTY-THIRD DAY, Thursday, May 16, 2002

Speaker Pro Tem Abel in the Chair.

Prayer by Reverend Rudy Beard.

Save this moment, Gracious God, from being only a custom or gesture. Help each one of us in this place call upon You for Your strength and guidance. You are the Great Unseen Member of this House. If we listen with the ears of faith and hope, Your truth and wisdom will inform us.

Bless these men and women of this Body. Grant them that which they will need for this day of decisions and debate. Keep them and their families in Your care and so lead them that this night they may hear Your gracious benediction, "Well done, good and faithful servant."

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: Sarah Wilson, Samantha Moody-Walker and Spencer Hunley.

The Journal of the seventy-second day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 2038 - Representative Smith

House Resolution No. 2039

and

House Resolution No. 2040 - Representative Johnson (61)

House Resolution No. 2041 - Representative Shields

House Resolution No. 2042 - Representative Relford

House Resolution No. 2043 - Representative Hegeman

House Resolution No. 2044 - Representative Kelly (36)

HOUSE BILLS WITH SENATE AMENDMENTS

SS SCS HB 1041, as amended, relating to tourism taxes, was taken up by Representative Myers.

Representative Myers moved that the House refuse to adopt SS SCS HB 1041, as amended, and request the Senate to recede from its position or, failing to do so, grant the House a conference.

Representative Gambaro made a substitute motion to adopt and truly agree to and finally pass SS SCS HB 1041, as amended.

Which motion was adopted by the following vote:

On motion of Representative Gambaro, SS SCS HB 1041, as amended, was truly agreed to and finally passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

On motion of Representative Myers the emergency clause was adopted by the following vote:

SS#2 SCS HB 1348, as amended, relating to boll weevil eradication, was taken up by Representative Myers.

Representative Myers moved that the House refuse to adopt SS#2 SCS HB 1348, 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.

ADOPTION AND THIRD READING OF SENATE CONCURRENT RESOLUTIONS

SCR 49, relating to acts and resolutions, was taken up by Representative Clayton.

On motion of Representative Clayton, SCR 49 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS SCR 41, relating to charity care accountability, was taken up by Representative George.

On motion of Representative George, HCS SCR 41 was adopted and read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

Representative Villa assumed the Chair.

Speaker Pro Tem Abel resumed the Chair.

SCR 73, relating to the joint interim committee on After-School Programs, was taken up by Representative Copenhaver.

On motion of Representative Copenhaver, SCR 73 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

THIRD READING OF SENATE BILL

HCS SS SCS SBs 923, 828, 876, 694 & 736, with House Amendment No. 4 and HS, as amended, pending, relating to children and families, was taken up by Representative Barry.

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

Which motion was defeated by the following vote:

Representative Kelly (27) offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 923, 828, 876, 694 & 736, by inserting at the appropriate location the following section:

"452.377. 1. For purposes of this section and section 452.375, "relocate" or "relocation" means a change in the principal residence of a child for a period of ninety days or more, but does not include a temporary absence from the principal residence.

2. Except as otherwise provided in subsection 3 of this section:

(1) Notice of a proposed relocation of the residence of the child, or any party entitled to custody or visitation of the child, shall be given in writing by certified mail, return receipt requested, to any party with custody or visitation rights[. Absent exigent circumstances as determined by a court with jurisdiction, written notice shall be provided] at least sixty days in advance of the proposed relocation. The notice of the proposed relocation shall include the following information:

[(1)] (a) The intended new residence, including the specific address and mailing address, if known, and if not known, the city;

[(2)] (b) The home telephone number of the new residence, if known;

[(3)] (c) The date of the intended move or proposed relocation;

[(4)] (d) A brief statement of the specific reasons for the proposed relocation of a child, if applicable; and

[(5)] (e) A proposal for a revised schedule of custody or visitation with the child, if applicable[.

3.]; and

(2) A party required to give notice of a proposed relocation pursuant to this subsection [2 of this section] has a continuing duty to provide a change in or addition to the information required by this section as soon as such information becomes known.

[4. In exceptional circumstances where] 3. If any party believes circumstances that require immediate aid or action exist, including circumstances where the health or safety of any adult or child would be unreasonably placed at risk by providing the notice or disclosures required in subsection 2 of this section, the following procedure shall apply:

(1) By January 1, 2003, the state courts administrator shall develop and adopt a uniform form for providing notice to a nonrelocating party of a proposed relocation with exigent circumstances. Such form shall be provided to each circuit clerk and shall contain, but is not limited to, the following:

(a) A description of the nature of the exigent circumstances;

(b) An estimate of the distance to the intended new resident in miles, rounded to the nearest fifty miles;

(c) Whether the relocation will change the school district of the child being relocated; and

(d) Notification to the nonrelocating party that the child may be relocated unless the party files a motion seeking an order to prevent the proposed relocation within thirty days after receipt of such notice.

The current address and the specific intended new residence address of the relocating party shall not be provided to the nonrelocating party;

(2) The party believing exigent circumstances exist and the health or safety of any adult or child would be unreasonably placed at risk by providing the notice or disclosures required in subsection 2 of this section shall complete the uniform form created in subdivision (1) of this subsection and provide such limited notice to the nonrelocating party;

(3) If the nonrelocating party does not file a motion seeking an order to prevent the relocation within thirty days after receipt of the notice provided pursuant to this subsection, the residence of the child may be relocated immediately;

(4) If the nonrelocating party files a motion seeking an order to prevent the relocation within thirty days after receipt of the notice provided pursuant to this subsection, a hearing shall be held and if the court makes a finding that the health or safety of any adult or child would be unreasonably placed at risk by the disclosure of the required identifying information concerning a proposed relocation of the child, the court may order that:

[(1)] (a) The specific residence address and telephone number of the child, parent or person, and other identifying information shall not be disclosed in the [pleadings, notice, other] documents filed in the proceeding or the final order except for an in camera disclosure;

[(2)] (b) The notice requirements provided by this section shall be waived to the extent necessary to protect the health or safety of a child or any adult; or

[(3)] (c) Any other remedial action the court considers necessary to facilitate the legitimate needs of the parties and the best interest of the child[.];

[5.] (5) If the court determines that the health or safety of any adult or child would not be reasonably placed at risk by the disclosure of the required identifying information concerning a proposed relocation of the child, the party shall comply with the disclosure requirements in this section.

4. Except as otherwise provided in subsection 3 of this section, the court shall consider a failure to provide notice of a proposed relocation of a child or any party entitled to custody or visitation of the child as:

(1) A factor in determining whether custody and visitation should be modified;

(2) A basis for ordering the return of the child if the relocation occurs without notice; and

(3) Sufficient cause to order the party seeking to relocate the child to pay reasonable expenses and attorneys fees incurred by the party objecting to the relocation.

[6. If the parties agree to a revised schedule of custody and visitation for the child, which includes a parenting plan, they may submit the terms of such agreement to the court with a written affidavit signed by all parties with custody or visitation assenting to the terms of the agreement, and the court may order the revised parenting plan and applicable visitation schedule without a hearing.

7.] 5. The residence of the child may be relocated sixty days after providing notice, as required by this section, unless a parent files a motion seeking an order to prevent the relocation within thirty days after receipt of such notice. Such motion shall be accompanied by an affidavit setting forth the specific factual basis supporting a prohibition of the relocation. The person seeking relocation shall file a response to the motion within fourteen days, unless extended by the court for good cause, and include a counter-affidavit setting forth the facts in support of the relocation as well as a proposed revised parenting plan for the child.

[8.] 6. If relocation of the child is proposed, a third party entitled by court order to legal custody of or visitation with a child and who is not a parent may file a cause of action to obtain a revised schedule of legal custody or visitation, but shall not prevent a relocation.

[9.] 7. The party seeking to relocate shall have the burden of proving that the proposed relocation is made in good faith and is in the best interest of the child.

[10. If relocation is permitted:

(1)] The nonrelocating party shall provide sufficient evidence to support such party's opposition to the proposed relocation.

8. If the court finds that relocation is in the best interest of the child and will be permitted, the schedule of custody and visitation, including a parenting plan, shall be modified as follows:

(1) If the parties agree to a revised schedule of custody and visitation for the child, including a parenting plan, they may submit the terms of such agreement to the court with a written affidavit signed by all parties with custody or visitation assenting to the terms of the agreement, and the court may order the revised parenting plan and applicable visitation schedule without a hearing;

(2) If the parties cannot agree to a revised schedule of custody and visitation for the child, including a parenting plan, the revised parenting plan approved and ordered by the court shall be in the court's discretion and shall be in the best interest of the child. In the revised parenting plan:

(a) The court shall order contact with the nonrelocating party including custody or visitation and telephone access sufficient to assure that the child has frequent, continuing and meaningful contact with the nonrelocating party unless the child's best interest warrants otherwise; and

[(2)] (b) The court shall specify how the transportation costs will be allocated between the parties and adjust the child support, as appropriate, considering the costs of transportation.

[11.] 9. After August 28, 1998, every court order establishing or modifying custody or visitation shall include the following language: "[Absent exigent circumstances as determined by a court with jurisdiction] Unless limited notice is provided pursuant to subsection 3 of section 452.377, RSMo, and a court with jurisdiction determines that exigent circumstances exist, including circumstances where the health or safety of any adult or child would be unreasonably placed at risk by such notice or disclosure, you, as a party to this action, are ordered to notify, in writing by certified mail, return receipt requested, and at least sixty days prior to the proposed relocation, each party to this action of your relocation or any proposed relocation of the principal residence of the child, including the following information:

(1) The intended new residence, including the specific address and mailing address, if known, and if not known, the city;

(2) The home telephone number of the new residence, if known;

(3) The date of the intended move or proposed relocation;

(4) A brief statement of the specific reasons for the proposed relocation of the child; and

(5) A proposal for a revised schedule of custody or visitation with the child.

Your obligation to provide this information to each party continues as long as you or any other party by virtue of this order is entitled to custody of a child covered by this order. Your failure to obey the order of this court regarding the proposed relocation may result in further litigation to enforce such order, including contempt of court. In addition, your failure to notify a party of a relocation of the child may be considered in a proceeding to modify custody or visitation with the child. Reasonable costs and attorney fees may be assessed against you if you fail to give the required notice.". [12.] 10. Except as otherwise provided in subsection 3 of this section, violation of the provisions of this section or a court order under this section may be deemed a change of circumstance under section 452.410, allowing the court to modify the prior custody decree. In addition, the court may utilize any and all powers relating to contempt conferred on it by law or rule of the Missouri supreme court.

[13.] 11. Any party who objects in good faith to the relocation of a child's principal residence shall not be ordered to pay the costs and attorney's fees of the party seeking to relocate."; and

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

Representative Crowell raised a point of order that House Amendment No. 5 goes beyond the scope and is not germane to the bill.

The Chair ruled the point of order not well taken.

Representative Britt assumed the Chair.

Representative Byrd offered House Amendment No. 1 to House Amendment No. 5.

Representative Shields raised a point of order that House Amendment No. 1 to House Amendment No. 5 is in the third degree.

The Chair ruled the point of order well taken.

On motion of Representative Kelly (27), House Amendment No. 5 was adopted

by the following vote:

Representative Willoughby offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 923, 828, 876, 694 & 736, Page 14, Section 210.001, Line 10 of said page, by inserting immediately after said line the following:

"210.115. 1. When any physician, medical examiner, coroner, dentist, chiropractor, optometrist, podiatrist, resident, intern, nurse, hospital or clinic personnel that are engaged in the examination, care, treatment or research of persons, and any other health practitioner, psychologist, mental health professional, social worker, day care center worker or other child-care worker, juvenile officer, probation or parole officer, jail or detention center personnel, teacher, principal or other school official, minister as provided by Section 352.400, RSMo, Christian Science practitioner, peace officer or law enforcement official, or other person with responsibility for the care of children has reasonable cause to suspect that a child has been or may be subjected to abuse or neglect or observes a child being subjected to conditions or circumstances which would reasonably result in abuse or neglect, that person shall immediately report or cause a report to be made to the division in accordance with the provisions of sections 210.109 to 210.183. As used in this section, the term "abuse" is not limited to abuse inflicted by a person responsible for the child's care, custody and control as specified in section 210.110, but shall also include abuse inflicted by any other person.

2. Whenever such person is required to report pursuant to sections 210.109 to 210.183 in an official capacity as a staff member of a medical institution, school facility, or other agency, whether public or private, the person in charge or a designated agent shall be notified immediately. The person in charge or a designated agent shall then become responsible for immediately making or causing such report to be made to the division. Nothing in this section, however, is meant to preclude any person from reporting abuse or neglect.

3. Notwithstanding any other provision of sections 210.109 to 210.183, any child who does not receive specified medical treatment by reason of the legitimate practice of the religious belief of the child's parents, guardian, or others legally responsible for the child, for that reason alone, shall not be found to be an abused or neglected child, and such parents, guardian or other persons legally responsible for the child shall not be entered into the central registry. However, the division may accept reports concerning such a child and may subsequently investigate or conduct a family assessment as a result of that report. Such an exception shall not limit the administrative or judicial authority of the state to ensure that medical services are provided to the child when the child's health requires it.

4. In addition to those persons and officials required to report actual or suspected abuse or neglect, any other person may report in accordance with sections 210.109 to 210.183 if such person has reasonable cause to suspect that a child has been or may be subjected to abuse or neglect or observes a child being subjected to conditions or circumstances which would reasonably result in abuse or neglect.

5. Any person or official required to report pursuant to this section, including employees of the division, who has probable cause to suspect that a child who is or may be under the age of eighteen, who is eligible to receive a certificate of live birth, has died shall report that fact to the appropriate medical examiner or coroner. If, upon review of the circumstances and medical information, the medical examiner or coroner determines that the child died of natural causes while under medical care for an established natural disease, the coroner, medical examiner or physician shall notify the division of the child's death and that the child's attending physician shall be signing the death certificate. In all other cases, the medical examiner or coroner shall accept the report for investigation, shall immediately notify the division of the child's death as required in section 58.452, RSMo, and shall report the findings to the child fatality review panel established pursuant to section 210.192.

6. Any person or individual required to report may also report the suspicion of abuse or neglect to any law enforcement agency or juvenile office. Such report shall not, however, take the place of reporting or causing a report to be made to the division.

7. If an individual required to report suspected instances of abuse or neglect pursuant to this section has reason to believe that the victim of such abuse or neglect is a resident of another state or was injured as a result of an act which occurred in another state, the person required to report such abuse or neglect may, in lieu of reporting to the Missouri division of family services, make such a report to the child protection agency of the other state with the authority to receive such reports pursuant to the laws of such other state. If such agency accepts the report, no report is required to be made, but may be made, to the Missouri division of family services."; and

Further amend said bill, Page 59, Section 294.141, Line 21 of said page, by inserting immediately after said line the following:

"352.400. 1. As used in this section, the following words and phrases shall mean:

(1) "Abuse", any physical injury, sexual abuse, or emotional abuse, injury or harm to a child under circumstances required to be reported pursuant to sections 210.109 to 210.183, RSMo;

(2) "Child", any person regardless of physical or mental condition, under eighteen years of age;

(3) "Minister", any person while practicing as a minister of the gospel, clergyperson, priest, rabbi, or other person serving in a similar capacity for any religious organization who is responsible for or who has supervisory authority over one who is responsible for the care, custody, and control of a child or has access to a child.

(4) "Neglect", failure to provide the proper or necessary support or services by those responsible for the care, custody, and control of a child, under circumstances required to be reported pursuant to sections 210.109 to 210.183, RSMo;

(5) "Religious organization", any society, sect, persuasion, mission, church, parish, congregation, temple, convention or association of any of the foregoing, diocese or presbytery, or other organization, whether or not incorporated, that meets at more or less regular intervals for worship of a supreme being or higher power, or for mutual support or edification in piety or with respect to the idea that a minimum standard of behavior from the standpoint of overall morality is to be observed, or for the sharing of common religious bonds and convictions;

(6) "Report", the communication of an allegation of abuse or neglect pursuant to sections 210.109 to 210.183, RSMo.

2. When a minister or agent designated pursuant to subsection 3 of this section has reasonable cause to suspect that a child has been or may be subjected to abuse or neglect under circumstances required to being reported pursuant to sections 210.109 to 210.183, RSMo, the minister or designated agent shall immediately report or cause a report to be made as provided in sections 210.109 to 210.183, RSMo. Notwithstanding any other provision of this section or sections 210.109 to 210.183, RSMo, a minister shall not be required to report concerning a privileged communication made to him or her in his or her professional capacity.

3. A religious organization may designate an agent or agents required to report purusant to sections 210.109 to 210.183, RSMo, in an official capacity on behalf of the religious organization. In the event a minister, official or staff member of a religious organization has probable cause to believe that the child has been subjected to abuse or neglect under circumstances required to be reported pursuant to sections 210.109 to 213.183, RSMo, and the minister, official or staff member of the religious organization does not personally make a report pursuant to sections 210.109 to 210.183, RSMo, the designated agent of the religious organization shall be notified. The designated agent shall then become responsible for making or causing the report to be made pursuant to sections 210.109 to 210.183, RSMo. This section shall not preclude any person from reporting abuse or neglect as otherwise provided by law."; and

Further amend the title and enacting clause accordingly.

On motion of Representative Willoughby, House Amendment No. 6 was adopted.

Representative Portwood offered House Amendment No. 7.

House Amendment No. 7

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 923, 828, 876, 694 & 736, by inserting at the appropriate location the following section:

"191.227. 1. All physicians, chiropractors, hospitals, dentists, and other duly licensed practitioners in this state, herein called "providers", shall, upon written request of a patient, or guardian or legally authorized representative of a patient, furnish a copy of his record of that patient's health history and treatment rendered to the person submitting a written request, except that such right shall be limited to access consistent with the patient's condition and sound therapeutic treatment as determined by the provider. Beginning August 28, 1994, such record shall be furnished within a reasonable time of the receipt of the request therefor and upon payment of a handling fee of fifteen dollars plus a fee of thirty-five cents per page for copies of documents made on a standard photocopy machine.

2. Notwithstanding provisions of this section to the contrary, providers may charge for the reasonable cost of all duplications of medical record material or information which cannot routinely be copied or duplicated on a standard commercial photocopy machine.

3. The transfer of the patient's record done in good faith shall not render the provider liable to the patient or any other person for any consequences which resulted or may result from disclosure of the patient's record as required by this section.

4. Effective February first of each year, the handling fee and per page fee listed in subsection 1 of this section shall be increased or decreased annually based on the annual percentage change in the unadjusted, U.S. city average, annual average inflation rate of the medical care component of the Consumer Price Index for all urban consumers (CPI-U). The current reference base of the index, as published by the Bureau of Labor Statistics of the United States Department of Labor, shall be used as the reference base. For purposes of this subsection, the annual average inflation rate shall be based on a twelve-month calendar year beginning in January and ending in December of each preceding calendar year. The department of health and senior services shall report the annual adjustment and the adjusted handling and per page fees on the department's Internet website by February first of each year.

[191.233. The limits provided in section 191.227 shall be increased or decreased on an annual basis effective January first of each year in accordance with the Health Care Financing Administration Market Basket Survey.]"; and

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

On motion of Representative Portwood, House Amendment No. 7 was adopted.

Representative Sanders Brooks offered House Amendment No. 8.

House Amendment No. 8

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 923, 828, 876, 694 & 736, by inserting in the appropriate location all of the following:

"196.230. 1. The director of the department of health and senior services and [his] the director's assistants or agents [by him] appointed by the director, the state, county, city and town health officers shall have full power at any time to enter and inspect every building, room, basement or cellar, occupied or used, or suspected of being used, for the production for sale, manufacture for sale, storage, sale, distribution or transportation of food and all utensils, fixtures, furniture and machinery used as aforesaid, and if upon inspection any food producing or distributing establishment, conveyance, employer, operative, employee, clerk, driver or other person is found to be violating any of the provisions of sections 196.190 to 196.265, or if the production, cooking, preparation, manufacture, packing, storing, sale, distribution or transportation of food is being conducted in a manner detrimental to the health of the employees and operatives and the character or quality of the food therein being produced, manufactured, packed, stored, sold, distributed or conveyed, the officer or inspector, making the examination or inspection, shall furnish evidence of [said] such violation to the prosecuting attorney of the county in which the violation occurs, and it shall be the duty of all prosecuting attorneys to represent and prosecute, in behalf of the people, when called upon by the director of the department of health and senior services to do so, all such cases of offenses arising [under] pursuant to the provisions of sections 196.190 to 196.265. When complaint is made by the [said] director of the department of health and senior services, security for costs shall not be required of the complainant in any case at any time of the prosecution or trial.

2. All state, county and municipal health officials or inspectors shall utilize the most recent Missouri Food Code for the inspection of entities listed in subsection 1 of this section.

3. The department of health shall notify its division of nutritional health and services of any violation of sections 196.190 to 196.265 by a grocery store that is found during an inspection conducted pursuant to subsection 1 of this section.

196.232. Any grocery store, convenience store or food distributing establishment that redeems state-issued Women, Infant and Children (WIC) food instruments and receives two unsatisfactory health examinations or inspections from the department of health within a three-year period shall be disqualified from the WIC program for a period of not less than six months and not more than one year. Such stores or establishments shall also be subject to any other administrative remedies available under the WIC program.

196.235. Any person who violates any of the provisions of sections 196.190 to 196.230, shall be guilty of a misdemeanor, and, on conviction, shall be punished for the first offense by a fine of not less than [ten] twenty dollars nor more than one hundred dollars a day for each day such violation is not corrected, or be imprisoned in the county jail not exceeding thirty days, or both, in the discretion of the court."; and

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

Representative Seigfreid raised a point of order that House Amendment No. 8 goes beyond the scope of the bill.

Representative Britt requested a parliamentary ruling.

The Parliamentary Committee ruled the point of order not well taken.

On motion of Representative Sanders Brooks, House Amendment No. 8 was adopted.

Representative Boatright offered House Amendment No. 9.

House Amendment No. 9

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 923, 828, 876, 694 & 736, Page 43, Section 294.011, Line 1, by deleting all of said line.

Representative Boatright moved that House Amendment No. 9 be adopted.

Which motion was defeated.

Representative Bland offered House Amendment No. 10.

House Amendment No. 10

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 923, 828, 876, 694 & 736, by inserting in the appropriate location the following section:

"208.344. 1. By December 1, 2002, and annually thereafter, the division of family services shall submit a report to the governor, the president pro tempore of the senate, and the speaker of the house of representatives regarding the progress of welfare reform in Missouri. The report shall include, but not be limited to, current statistics and recommendations regarding:

(1) Individuals who have successfully left welfare and employment of such individuals;

(2) Individuals who remain on or have returned to welfare; and

(3) Benefits of welfare reform realized by families, employers, and the state.

2. The provisions of this section shall expire on December 31, 2007."; and

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

On motion of Representative Bland, House Amendment No. 10 was adopted.

Representative Roark offered House Amendment No. 11.

Representative Monaco raised a point of order that House Amendment No. 11 goes beyond the scope of the bill.

Representative Britt requested a parliamentary ruling.

The Parliamentary Committee ruled the point of order well taken.

Representative Johnson (90) offered House Amendment No. 11.

House Amendment No. 11

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 923, 828, 876, 694 & 736, by inserting at the appropriate location the following section:

"191.227. 1. All physicians, chiropractors, hospitals, dentists, and other duly licensed practitioners in this state, or copy service for said provider, herein called "providers", shall, upon written request of a patient, or guardian or legally authorized representative of a patient, or any person entitled to bring an action for wrongful death of a deceased patient pursuant to Section 537.080, RSMo, furnish a copy of his record of that patient's health history and treatment rendered to the person submitting a written request, except that such right shall be limited to access consistent with the patient's condition and sound therapeutic treatment as determined by the provider. Beginning August 28, 1994, such record shall be furnished within [a reasonable time] 60 days of the receipt of the request therefor and upon payment of a handling fee of fifteen dollars plus a fee of thirty-five cents per page [for copies of documents made on a standard photocopy machine].

2. [Notwithstanding provisions of this section to the contrary, providers may charge for the reasonable cost of all duplications of medical record material or information which cannot routinely be copied or duplicated on a standard commercial photocopy machine.] Any provider who does not furnish records within 60 days of the receipt of the request therefor shall forfeit the handling fee, the per page copy fee and, in addition, shall pay the person who requested said records a penalty in the amount of fifteen dollars plus thirty-five cents per page per day commencing on the 61^st day until such date as the records shall be furnished.

3. The transfer of the patient's record done in good faith shall not render the provider liable to the patient or any other person for any consequences which resulted or may result from disclosure of the patient's record as required by this section."

On motion of Representative Johnson (90), House Amendment No. 11 was adopted.

Representative Cunningham offered House Amendment No. 12.

House Amendment No. 12

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 923, 828, 876, 694 & 736, Page 43, Section 7, Line 16, by deleting [under the direct control] and inserting "with the permission"; and deleting Line 17 beginning with "and" through Page 44, Line 21; and

Further amend said bill by deleting Page 45, Line 20, to Page 46, Line 13; and delete Page 46, Line 18, after the word "division" to Page 46, Line 21; and

Further amend said bill by deleting Page 47, Line 8, through Page 47, Line 16.

Representative Cunningham moved that House Amendment No. 12 be adopted.

Which motion was defeated by the following vote:

HCS SS SCS SBs 923, 828, 876, 694 & 736, with 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 President Pro Tem has appointed the following Conference Committee to act with a like committee from the House on SS SCS HB 1898: Senators Russell, Rohrbach, Gibbons, Goode and Mathewson.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like committee from the House on HS HCS SCS SBs 1061 & 1062, as amended: Senators Rohrbach, Kenney, Klindt, Mathewson and Wiggins.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted SCR 77.

SENATE CONCURRENT RESOLUTION NO. 77

WHEREAS, the general assembly is continually asked to act upon measures dealing with complex and controversial subjects; and

WHEREAS, such measures frequently require lengthy and comprehensive study and evaluation; and

WHEREAS, the committee system of evaluation of proposed legislation has proven its worth time and again to the entire membership of the general assembly:

NOW, THEREFORE, BE IT RESOLVED by the members of the Missouri Senate, Ninety-first General Assembly, Second Regular Session, the House of Representatives concurring therein, that the standing committees of each house and such other committees of the Senate and House of Representatives as the president pro tem or the speaker shall designate may meet with the approval of the president pro tem or speaker, as the case may be, to consider bills or to perform any other necessary legislative function during the interim prior to the convening of the Ninety-second General Assembly; and

BE IT FURTHER RESOLVED that the actual and necessary expenses of the members of each committee incurred while attending meetings of those committees, and the expenses of the research and clerical personnel assigned thereto, be paid from the appropriate House or Senate contingent fund.

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 allowed the Senate conferees to exceed the differences on HS HCS SS SCS SBs 670 & 684, as amended.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SCS HS HCS HB 1502 & 1821, entitled:

An act to amend chapter 375, RSMo, by adding thereto one new section relating to credit information used in insurance underwriting.

In which the concurrence of the House is respectfully requested.

On motion of Representative Crump, the House recessed until 1:15 p.m.

AFTERNOON SESSION

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

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 2045

through

House Resolution No. 2048 - Representatives Williams and Berkstresser

House Resolution No. 2049 - Representative Lawson

House Resolution No. 2050

through

House Resolution No. 2058 - Representative Portwood

House Resolution No. 2059 - Representative Boucher

House Resolution No. 2060 - Representative Legan

House Resolution No. 2061 - Representative Harding

House Resolution No. 2062 - Representative Ward

House Resolution No. 2063 - Representative Bland

House Resolution No. 2064

through

House Resolution No. 2072 - Representative Whorton

House Resolution No. 2073 - Representative Townley

House Resolution No. 2074

and

House Resolution No. 2075 - Representative Shelton

House Resolution No. 2076 - Representative Bearden

House Resolution No. 2077 - Representatives Miller, Moore and Berkstresser

House Resolution No. 2078

and

House Resolution No. 2079 - Representative Rector

House Resolution No. 2080 - Representative Boucher

House Resolution No. 2081 - Representative Green (73)

House Resolution No. 2082 - Representative Legan

House Resolution No. 2083

through

House Resolution No. 2085 - Representative Scott

COMMITTEE REPORTS

Committee on Fiscal Review and Government Reform, Chairman Hollingsworth reporting:

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HCS SS SB 665 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred SCS SBs 1112 & 854 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HCS SCS SB 916 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HCS SB 989 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HCS SS#2 SB 1191 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

THIRD READING OF SENATE BILL - CONSENT

SB 831, relating to Bill of Rights Day, was taken up by Representative Gambaro.

On motion of Representative Gambaro, SB 831 was truly agreed to and finally passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

BILL IN CONFERENCE

CCR HS HCS SB 895, as amended, relating to banking regulations, was taken up by Representative Liese.

On motion of Representative Liese, CCR HS HCS SB 895, as amended, was adopted by the following vote:

On motion of Representative Liese, CCS HS HCS SB 895 was truly agreed to and finally passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

MESSAGES FROM THE SENATE

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SS#2 SCS HB 1348, as amended, and grants the House a conference thereon.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that Senator Schneider has replaced Senator Mathewson to act with a like committee from the House on SS SCS HS HCS HB 1962, as amended.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like committee from the House on HS HCS SS SCS SBs 670 & 684, as amended: Senators Sims, Singleton, Kinder, Stoll and House.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like committee from the House on HS HCS SCS SB 680, as amended: Senators Bland, Dougherty, Steelman, Klindt and Rohrbach.

APPOINTMENT OF CONFERENCE COMMITTEES

The Speaker appointed the following Conference Committees to act with like Committees from the Senate on the following bills:

SS#2 SCS HB 1348: Representatives Berkowitz, Shoemyer (9), Barnitz, Myers and Legan

HS HCS SS SCS SBs 670 & 684: Representatives Harlan, Hosmer, Ladd Baker, Richardson and Byrd

MOTION

Representative Myers moved that the House grant leave to the members of the House Conference Committee on SS#2 SCS HB 1348, as amended, pursuant to Rule 26.

Which motion was adopted.

HOUSE BILL WITH SENATE AMENDMENT

SS SCS HS HCS HBs 1502 & 1821, relating to insurance companies, was taken up by Representative Luetkenhaus.

On motion of Representative Luetkenhaus, SS SCS HS HCS HBs 1502 & 1821 was adopted by the following vote:

On motion of Representative Luetkenhaus, SS SCS HS HCS HBs 1502 & 1821 was truly agreed to and finally passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

Speaker Kreider resumed the Chair.

BILL IN CONFERENCE

HS#2 HCS SS SCS SBs 969, 673 & 855, as amended, relating to sex crimes and crime prevention, was taken up by Representative Hanaway.

Representative Hanaway moved that the House conferees be no longer bound to House Amendment No. 2 to HS#2 HCS SS SCS SBs 969, 673 & 855, as amended, and grant the Senate a further conference.

Representative Reynolds raised a point of order that the motion to no longer bind the House conferees to House Amendment No. 2 is out of order.

The Chair ruled the point of order not well taken.

Representative Hanaway again moved that the House conferees be no longer bound to House Amendment No. 2 to HS#2 HCS SS SCS SBs 969, 673 & 855, as amended, and grant the Senate a further conference.

Which motion was adopted by the following vote:

Representative Reynolds requested a verification of the roll call on the motion to no longer bind the House conferees to House Amendment No. 2 to HS#2 HCS SS SCS SBs 969, 673 & 855, as amended.

MESSAGES FROM THE SENATE

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has allowed the Senate conferees to exceed the differences on HS HCS SS SB 1248, as amended.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate requests the House grant further conference on HS SB 1220, as amended, and that the Senate conferees are allowed to exceed the differences with regard to limiting the number of race tracks.

MOTIONS

Representative Foley moved that the House Conference Committee on HS HCS SS SB 1248, as amended, be allowed to exceed the differences.

Which motion was adopted.

Representative Foley moved that the House grant leave to the members of the House Conference Committee on HS HCS SS SB 1248, as amended, pursuant to Rule 26.

Which motion was adopted.

BILL IN CONFERENCE

HS SB 1220, as amended, relating to the Gaming Commission, was taken up by Representative O'Toole.

Representative O'Toole moved that the House grant the Senate a further conference on HS SB 1220, as amended, and the conferees be allowed to exceed the differences with regard to limiting the number of race tracks.

Representative Scheve assumed the Chair.

Speaker Pro Tem Abel resumed the Chair.

Representative Kelley (47) made a substitute motion that the House grant the Senate a further conference on HS SB 1220, as amended, and the conferees be allowed to exceed the differences on the number of tracks and on age, and bind the conferees to the House position on House Amendment No. 2.

Representative O'Toole raised a point of order that the substitute motion is dilatory.

The Chair ruled the point of order not well taken.

Representative Kelley (47) again moved that the substitute motion be adopted, which motion was defeated by the following vote:

Representative O'Toole again moved that the House grant the Senate a further conference on HS SB 1220, as amended, and allow the conferees to exceed the differences with regard to limiting the number of race tracks.

Which motion was adopted by the following vote: