Journal of the House

Second Regular Session, 93rd General Assembly

FIFTY-NINTH DAY, Thursday, April 20, 2006

The House met pursuant to adjournment.

            Representative Behnen in the Chair.

            Prayer by Father Donald W. Lammers.

              Let us pray.

Which of you desires life,

And takes delight in prosperous days?

Keep your tongue from evil,

And your lips from speaking guile.

Turn from evil, and do good;

Seek peace, and follow after it.

The Lord has eyes for the just,

And ears for their cry.

(Psalm 34:13-16)

              Lord God, thank You for the promise to look upon us with favor when we consistently turn from evil and toward the good. When values compete and when truth is hard to discern, grant us the gift of wisdom and right judgment. Today, may we remain steadfast in holding the positions that allow what is good and just to prevail. We pray to You our God forever and ever. 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: Kimmy Schlafly, Joe Caro, Kristen Buehne, Adrian Scott, Lauren Timper, Grant Lubsch, Lindsey Graham, Alex Kohlberg, Peter Kohlberg, Lina Price, Jarett Kille, Brigid Freese and Michael Wedekind.

            The Journal of the fifty-eighth day was approved as printed by the following vote:

HOUSE RESOLUTION

            Representative Page offered House Resolution No. 2446.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 2447 - Representative Pearce

            House Resolution No. 2448

                        through

            House Resolution No. 2458 - Representative Kingery

            House Resolution No. 2459

                        through

            House Resolution No. 2473 - Representative Kraus

            House Resolution No. 2474 - Representative Sander

            House Resolution No. 2475 - Representative Wright (159)

            House Resolution No. 2476

                        and

            House Resolution No. 2477 - Representative Self

            House Resolution No. 2478

                        and

            House Resolution No. 2479 - Representative Witte

            House Resolution No. 2480 - Representative Boykins

            House Resolution No. 2481 - Representative Scharnhorst

            House Resolution No. 2482 - Representative Aull

            House Resolution No. 2483 - Representative Smith (14)

            House Resolution No. 2484 - Representative Baker (123)

            House Resolution No. 2485 - Representative Robb

            House Resolution No. 2486 - Representative Kraus

            House Resolution No. 2487

                        through

            House Resolution No. 2496 - Representative Wright-Jones

            House Resolution No. 2497

                        through

            House Resolution No. 2510 - Representative LeVota

            House Resolution No. 2511

                        through

            House Resolution No. 2524 - Representative Jetton

            House Resolution No. 2525

                        through

            House Resolution No. 2534 - Representative Pratt

            House Resolution No. 2535 - Representative McGhee

            House Resolution No. 2536 - Representative Bogetto

            House Resolution No. 2537

                        through

            House Resolution No. 2540 - Representative Cunningham (86)

            House Resolution No. 2541 - Representative Tilley

            House Resolution No. 2542 - Representative Fares, et al.

            House Resolution No. 2543 - Representative Schad

            House Resolution No. 2544 - Representative Lowe (44)

            House Resolution No. 2545 - Representative Munzlinger

COMMITTEE REPORTS

            Committee on Fiscal Review, Chairman Guest reporting:

            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS HB 1581 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HB 1619 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS HB 1767 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

PERFECTION OF HOUSE BILL - APPROPRIATIONS

            HCS HB 1021, relating to appropriations, was taken up by Representative Icet.

            Representative Lager offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1021, Page 3, Section 21.026, Line 5, by deleting $5,000,000" and inserting “3,750,000"; and

              Further amend said bill, Page 2, Section 21.008, Line 7, by inserting immediately thereafter the following:

              “For vocational education facilities in Maryville. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250,000

              For vocational education facilities in St. Joseph. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250,000

              For vocational education facilities in Cape Girardeau. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .750,000"; and

              Adjust title, section and bill totals accordingly.

            Representative Swinger offered House Amendment No. 1 to House Amendment No. 1.

            Representative Lager raised a point of order that House Amendment No. 1 to House Amendment No. 1 goes beyond the scope of the bill.

            Representative Behnen requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

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

            Representative Storch offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1021, Page 3, Section 21.026, Line 10, by inserting immediately after said line the following new lines:

              “For the purchase of a building located at 3101 Chouteau, St. Louis MO

              From General Revenue Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1E”; and

              Amending section and bill totals accordingly.

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

            Which motion was defeated by the following vote:

            On motion of Representative Icet, HCS HB 1021, as amended, was adopted.

            On motion of Representative Icet, HCS HB 1021, as amended, was ordered perfected and printed.

PERFECTION OF HOUSE BILLS

            HCS HB 1316, relating to crime, was taken up by Representative Lipke.

            HCS HB 1316 was placed on the Informal Calendar.

            HB 1499, as amended, relating to ethics, was placed on the Informal Calendar.

HOUSE CONCURRENT RESOLUTIONS

            HCR 10, relating to consumer data theft, was taken up by Representative Zweifel.

            On motion of Representative Zweifel, HCR 10 was adopted.

            HCR 37, relating to a Chamois ferryboat, was taken up by Representative Loehner.

            On motion of Representative Loehner, HCR 37 was adopted.

            HCR 18, relating to commercial driver’s licenses, was taken up by Representative Kuessner.

            On motion of Representative Kuessner, HCR 18 was adopted.

HOUSE BILLS WITH SENATE AMENDMENTS

            SCS HB 1001, relating to appropriations, was taken up by Representative Icet.

            Representative Icet moved that the House refuse to adopt SCS HB 1001 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

            Which motion was adopted.

            Representative Pratt assumed the Chair.

            SCS HCS HB 1002, relating to appropriations, was taken up by Representative Icet.

            Representative Icet moved that the House refuse to adopt SCS HCS HB 1002 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

            Which motion was adopted.

            SCS HCS HB 1003, relating to appropriations, was taken up by Representative Icet.

            Representative Icet moved that the House refuse to adopt SCS HCS HB 1003 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

            Which motion was adopted.

            SCS HCS HB 1004, relating to appropriations, was taken up by Representative Icet.

            Representative Icet moved that the House refuse to adopt SCS HCS HB 1004 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

            Which motion was adopted.

            SCS HCS HB 1005, relating to appropriations, was taken up by Representative Icet.

            Representative Icet moved that the House refuse to adopt SCS HCS HB 1005 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

            Which motion was adopted.

            SCS HCS HB 1006, relating to appropriations, was taken up by Representative Icet.

            Representative Icet moved that the House refuse to adopt SCS HCS HB 1006 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

            Which motion was adopted.

            SCS HCS HB 1007, relating to appropriations, was taken up by Representative Icet.

            Representative Icet moved that the House refuse to adopt SCS HCS HB 1007 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

            Which motion was adopted.

            Representative Behnen resumed the Chair.

            SCS HB 1008, relating to appropriations, was taken up by Representative Icet.

            Representative Icet moved that the House refuse to adopt SCS HB 1008 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

            Which motion was adopted.

            SCS HB 1009, relating to appropriations, was taken up by Representative Icet.

            Representative Icet moved that the House refuse to adopt SCS HB 1009 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

            Which motion was adopted.

            SCS HCS HB 1010, relating to appropriations, was taken up by Representative Icet.

            Representative Icet moved that the House refuse to adopt SCS HCS HB 1010 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

            Which motion was adopted.

            SCS HCS HB 1011, relating to appropriations, was taken up by Representative Icet.

            Representative Icet moved that the House refuse to adopt SCS HCS HB 1011 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

            Which motion was adopted.

            SCS HCS HB 1012, relating to appropriations, was taken up by Representative Icet.

            Representative Icet moved that the House refuse to adopt SCS HCS HB 1012 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

            Which motion was adopted.

            SCS HB 1013, relating to appropriations, was taken up by Representative Icet.

            Representative Icet moved that the House refuse to adopt SCS HB 1013 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

            Which motion was adopted.

THIRD READING OF HOUSE BILL

            HCS HB 1092, relating to a tax deduction for hybrid vehicles, was taken up by Representative Sater.

            On motion of Representative Sater, HCS HB 1092 was read the third time and passed by the following vote:

            Representative Behnen declared the bill passed.

PERFECTION OF HOUSE BILL

            HCS HB 1080, relating to ambulatory surgical centers, was taken up by Representative Schaaf.

            Representative Schaaf offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1080, Section 197.715, Page 1, Line 1, by inserting immediately before said line the following:

              “197.200. As used in sections 197.200 to 197.240, unless the context clearly indicates otherwise, the following terms mean:

              (1) "Ambulatory surgical center", any public or private establishment operated primarily for the purpose of performing surgical procedures or primarily for the purpose of performing childbirths, and which does not provide services or other accommodations for patients to stay more than twenty-three hours within the establishment, provided, however, that nothing in this definition shall be construed to include the offices of dentists currently licensed pursuant to chapter 332, RSMo;

              (2) "Dentist", any person currently licensed to practice dentistry pursuant to chapter 332, RSMo;

              (3) "Department", the department of health and senior services;

              (4) "Governmental unit", any city, county or other political subdivision of this state, or any department, division, board or other agency of any political subdivision of this state;

              (5) “Hospital in the community in which the ambulatory surgical center is located”, a licensed hospital located in the same community as defined under subdivision 4 of subsection 1 of section 197.715;

              [(5)] (6) "Person", any individual, firm, partnership, corporation, company, or association and the legal successors thereof;

              [(6)] (7) "Physician", any person currently licensed to practice medicine pursuant to chapter 334, RSMo;

              [(7)] (8) "Podiatrist", any person currently licensed to practice podiatry pursuant to chapter 330, RSMo.”; and

              Further amend said section, Pages 1-2, Lines 12-24, by deleting all of said lines and inserting in lieu thereof the following:

              “(4) "Same Community", in determining whether a given hospital is in the same community as the ambulatory surgical center, consideration shall be given to the following factors: the distance from the ambulatory surgical center to the hospital; the services offered at the hospital; whether the hospital has declined to extend privileges or a working agreement to the physicians or the ambulatory surgical center on the same terms made available to other physicians or ambulatory surgical centers and whether the physicians or ambulatory surgical center has declined to accept privileges or a working agreement on the same terms accepted by other physicians or ambulatory surgical centers; any other information showing that the hospital and the ambulatory surgical center are in the community such as the residence of patients seen at the hospital. No one factor shall be determinative of whether a hospital is in the community of the ambulatory surgical center, and each situation shall be evaluated to determine that continuity of care and transfer and admittance of patients are ensured. In all cases, the ambulatory surgical center shall demonstrate that there is a specific plan for access to hospital services for those patients that require a higher level of care than provided by the ambulatory surgical center; that the emergency department of the hospital will have access to patient records and physician instructions and orders from the ambulatory surgical center; and that there are protocols for the transportation of patients from the ambulatory surgical center to the hospital when a higher level of care is required.”; and

              Further amend said section, Page 2, Lines 41-46, by deleting all of said lines; and

              Further amend said page, Line 49, by inserting immediately after the word “procedures” the following:

              “; however, should such credentialing and privileging criteria and procedures result in denial of hospital staff privileges to a physician, dentist, or podiatrist who performs procedures in an ambulatory surgical center that competes with the hospital, the requirement under Section 197.215 that such physician, dentist or podiatrist be privileged to perform surgical procedures in at least one hospital in the community in which the ambulatory surgical center is located will be waived”; and

              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

            Speaker Jetton assumed the Chair.

            HCS HB 1080, with House Amendment No. 1, pending, was placed on the Informal Calendar.

PERFECTION OF HOUSE BILL - INFORMAL

            HB 1910, as amended, relating to the Fairness in Public Construction Act, was taken up by Representative Fisher.

            Representative Dempsey moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Fisher, HB 1910, as amended, was ordered perfected and printed by the following vote:

THIRD READING OF HOUSE BILLS

            HCS HB 1441, relating to the Large Carnivore Act, was taken up by Representative Sutherland.

            On motion of Representative Sutherland, HCS HB 1441 was read the third time and passed by the following vote:

            Speaker Jetton declared the bill passed.

            HCS HB 1900, relating to campaign finance, was taken up by Representative Dempsey.

            On motion of Representative Dempsey, HCS HB 1900 was read the third time and passed by the following vote:

            Speaker Jetton declared the bill passed.

            Representative Curls assumed the Chair.

            HB 1864, relating to college admission of illegal aliens, was taken up by Representative Nolte.

            On motion of Representative Nolte, HB 1864 was read the third time and passed by the following vote: