Journal of the House


First Regular Session, 94th General Assembly




SEVENTY-SEVENTH DAY, Thursday, May 17, 2007

The House met pursuant to adjournment.

 

            Speaker Jetton in the Chair.

 

            Prayer by Msgr. Donald W. Lammers.

 

              Almighty God, in these last days of the 2007 Session of this body, we ask that Your grace sustain us in the zeal with which we began in January. Help us to give to each topic still on our agenda the attention it deserves. Hold us in the virtue of great integrity, so that our judgments and decisions this week flow from the best of our wisdom and study.

 

              May the work we are accomplishing this Session be like the spring planting, destined to bear fruit aplenty, meeting the needs of the people.

 

              We pray for those who have suffered from the flood waters; we give thanks that not many were harmed and that the waters are returning to their banks. We praise You for these signs of Your care for us.

 

              We pray to You Almighty God, living and reigning 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: Peyton Elizabeth Bowman, Lisa Mitchell, Mark Mitchell, Molly Mitchell, Lilly Mitchell and Dalton Tate.

 

            The Journal of the seventy-sixth day was approved as printed.

 

SPECIAL RECOGNITION

 

            Jerry Oligschlaeger, Doorman for the Missouri House of Representatives, was introduced by Representative Villa and recognized for twenty-two years of service with the House.

 

COMMITTEE REPORTS

 

            Committee on Fiscal Review, Chairman Guest reporting:

 

            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS SS#2 SCS SB 161 (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 SCS SB 328 (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 SS SB 358 (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 SB 419 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

 

THIRD READING OF SENATE BILLS

 

            HCS SS SCS SB 320, relating to veterinary student loan assistance, was taken up by Representative Quinn (7).

 

            Representative Pratt assumed the Chair.

 

            Representative Lampe offered House Amendment No. 1.

 

House Amendment No. 1

 

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 320, Page 1, Section A, Line 5, by inserting immediately after said line the following:

 

              "261.020. The state director of the department of agriculture is hereby constituted the official who has supervision of all the legalized departments of the state which are of a regulatory nature for the advancement of horticulture and agriculture, except after January 1, 1996, he or she shall not have direct supervision of the state fair. He or she shall cooperate with the college of agriculture of the University of Missouri in all ways beneficial to the horticultural and agricultural interests of the state, without duplicating research, extension or educational work conducted by said college, but nothing herein shall be construed as to subordinate the state department of agriculture to the said college of agriculture. The director has charge of the veterinary service of the state, the appointment of the state veterinarian, and, with the advice of the veterinarian, of deputy veterinarians, and other assistants. The director has the power of reasonable quarantine in relation to the regulatory laws of the state department of agriculture, and the power of quarantine in relation to livestock diseases includes poultry. It is the duty of the director to gather and compile helpful statistics and information, singly or in cooperation with the federal government, relating to horticulture and agriculture, and he or she may publish bulletins not duplicating available educational bulletins of the college of agriculture and the United States Department of Agriculture. He or she may charge a reasonable amount for any publication distributed by the department of agriculture. Any funds received from the amounts so charged shall be deposited to the credit of the general revenue fund. The director shall make a biennial report to the governor and the general assembly, including the essential information relating to horticulture and agriculture, especially crops and livestock, also data concerning the agricultural organizations of the state, accompanied by recommendations relating to the state department of agriculture and the advancement of agricultural education."; and

 

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

 

            On motion of Representative Lampe, House Amendment No. 1 was adopted by the following vote:

 

AYES: 157

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bowman

Brandom

Bringer

Brown 30

Brown 50

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

Funderburk

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Lowe 44

May

McClanahan

McGhee

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

Bland

Bruns

Low 39

Marsh

Meadows

Richard

 

 

 

 

 

            Representative Dempsey moved the previous question.

 

            Which motion was adopted by the following vote:

 

AYES: 091

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Bivins

Brandom

Brown 30

Cooper 120

Cooper 155

Cooper 158

Cox

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Funderburk

Grisamore

Guest

Hobbs

Hunter

Icet

Jones 89

Jones 117

Kelly

Kingery

Kraus

Lembke

Lipke

Loehner

May

McGhee

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Onder

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Richard

Robb

Ruestman

Ruzicka

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

St. Onge

Stream

Sutherland

Thomson

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 064

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bowman

Bringer

Brown 50

Burnett

Casey

Chappelle-Nadal

Corcoran

Curls

Darrough

Daus

Donnelly

El-Amin

Fallert

Frame

George

Grill

Harris 23

Harris 110

Haywood

Hodges

Holsman

Hoskins

Hubbard

Hughes

Johnson

Komo

Kratky

Kuessner

Lampe

Liese

Lowe 44

McClanahan

Meiners

Nasheed

Norr

Oxford

Page

Quinn 9

Robinson

Roorda

Salva

Scavuzzo

Schieffer

Schoemehl

Shively

Spreng

Storch

Swinger

Talboy

Todd

Villa

Vogt

Walsh

Walton

Whorton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zimmerman

Zweifel

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

Bland

Bruns

LeVota

Low 39

Marsh

Meadows

Rucker

Skaggs

 

 

 

            On motion of Representative Quinn (7), HCS SS SCS SB 320, as amended, was adopted.

 

            On motion of Representative Quinn (7), HCS SS SCS SB 320, as amended, was read the third time and passed by the following vote:

 

AYES: 157

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bowman

Brandom

Bringer

Brown 30

Brown 50

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

Funderburk

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Lowe 44

May

McClanahan

McGhee

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

Bland

Bruns

Low 39

Marsh

Meadows

Sater

 

 

 

 

 

            Representative Pratt declared the bill passed.

 

            HCS SCS SB 299 & SS SCS SB 616, as amended, relating to liquor control, was taken up by Representative Cooper (120).

 

            Representative Dixon offered House Amendment No. 3.

 

House Amendment No. 3

 

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 299 and Senate Substitute for Senate Committee Substitute for Senate Bill No. 616, Page 19, Section 311.489, Line 60, by inserting immediately after said line the following:

 

              "311.685. 1. Any retail licensee selling intoxicating liquor or nonintoxicating beer under this chapter or chapter 312, RSMo, and aggrieved by official action of the supervisor affecting the licensee, may bring a civil action against any person who is the proximate cause of such official action by the supervisor, if the violation occurred on or about the premises of the retail licensee. If a judgment is entered in favor of the licensee, the court shall award the retail licensee civil damages up to an amount of five thousand dollars and shall award reasonable court costs and attorney fees.

              2. No civil action shall be brought under this section against any employee of the supervisor of alcohol and tobacco control or any law enforcement officer."; and

 

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

 

            On motion of Representative Dixon, House Amendment No. 3 was adopted.

 

            Representative Davis offered House Amendment No. 4.

 

House Amendment No. 4

 

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 299 and Senate Substitute for Senate Committee Substitute for Senate Bill No. 616, Section 311.489, Page 18, Line 19, by inserting after "3." the following:

 

              "(1) Except as otherwise provided in subdivision (2) of this subsection,"; and

 

              Further amend said section and page, Line 25, by inserting after "However," the following:

 

              "except as otherwise provided in subdivision (2) of this subsection,"; and

 

              Further amend said section and page, Line 32, by inserting the following after all of said line:

 

              "(2) Notwithstanding any provision of this subsection to the contrary, the governing municipality may approve the plan with more restrictive hours of operation."; and

 

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

 

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

 

            Which motion was defeated.

 

            Representative Schad offered House Amendment No. 5.

 

            Representative Skaggs raised a point of order that House Amendment No. 5 goes beyond the scope of the bill.

 

            Representative Pratt requested a parliamentary ruling.

 

            The Parliamentary Committee ruled the point of order well taken.

 

            Representative Nolte offered House Amendment No. 6.

 

            Representative Frame raised a point of order that House Amendment No. 6 goes beyond the scope of the bill.

 

            Representative Pratt requested a parliamentary ruling.

 

            The Parliamentary Committee ruled the point of order well taken.

 

            Representative Dempsey moved the previous question.

 

            Which motion was adopted by the following vote:

 

AYES: 092

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Bivins

Brandom

Brown 30

Bruns

Cooper 120

Cooper 155

Cooper 158

Cox

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Funderburk

Grisamore

Guest

Hobbs

Hunter

Icet

Jones 89

Jones 117

Kelly

Kingery

Kraus

Lembke

Lipke

Loehner

May

McGhee

Meiners

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Onder

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Richard

Robb

Ruestman

Ruzicka

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

St. Onge

Stream

Sutherland

Thomson

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 067

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bowman

Bringer

Brown 50

Burnett

Casey

Chappelle-Nadal

Corcoran

Curls

Darrough

Daus

El-Amin

Fallert

Frame

George

Grill

Harris 23

Harris 110

Haywood

Hodges

Holsman

Hoskins

Hubbard

Hughes

Johnson

Komo

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

McClanahan

Nasheed

Norr

Oxford

Page

Quinn 9

Robinson

Roorda

Rucker

Salva

Scavuzzo

Schieffer

Schoemehl

Shively

Skaggs

Spreng

Storch

Swinger

Talboy

Todd

Villa

Vogt

Walsh

Walton

Whorton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zimmerman

Zweifel

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Dougherty

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 003

 

 

 

 

 

Donnelly

Marsh

Meadows

 

 

 

            On motion of Representative Cooper (120), HCS SCS SB 299 & SS SCS SB 616, as amended, was adopted.

 

            On motion of Representative Cooper (120), HCS SCS SB 299 & SS SCS SB 616, as amended, was read the third time and passed by the following vote:

 

AYES: 139

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Bearden

Bivins

Bland

Bowman

Brandom

Brown 30

Brown 50

Bruns

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 158

Cox

Cunningham 145

Cunningham 86

Curls

Daus

Day

Deeken

Dempsey

Denison

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

Funderburk

George

Grill

Grisamore

Guest

Harris 23

Haywood

Hodges

Holsman

Hoskins

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McClanahan

McGhee

Meiners

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Scavuzzo

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Smith 14

Smith 150

Spreng

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Weter

Wildberger

Wilson 130

Witte

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Mr Speaker

 

 

 

 

 

 

NOES: 021

 

 

 

 

 

 

 

 

 

Baker 123

Bringer

Cooper 155

Corcoran

Darrough

Davis

Dethrow

Ervin

Harris 110

Kuessner

Nasheed

Pollock

Sater

Schieffer

Skaggs

Stevenson

Wells

Whorton

Wilson 119

Wood

Zweifel

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 003

 

 

 

 

 

Hobbs

Marsh

Meadows

 

 

 

            Representative Pratt declared the bill passed.

 

            SS SCS SB 225, relating to hunting heritage protection, was taken up by Representative Munzlinger.

 

            On motion of Representative Munzlinger, SS SCS SB 225 was truly agreed to and finally passed by the following vote:

 

AYES: 158

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Bowman

Brandom

Bringer

Brown 30

Brown 50

Bruns

Burnett

Casey

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

Funderburk

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McClanahan

McGhee

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 005

 

 

 

 

 

Chappelle-Nadal

Dougherty

Meadows

Schaaf

Sutherland

 

            Representative Pratt declared the bill passed.

 

BILL IN CONFERENCE

 

            CCR SS SCS HCS HB 780, as amended, relating to professional registration, was taken up by Representative Wasson.

 

            On motion of Representative Wasson, CCR SS SCS HCS HB 780, as amended, was adopted by the following vote:

 

AYES: 140

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Brandom

Bringer

Brown 50

Bruns

Burnett

Casey

Chappelle-Nadal

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Daus

Davis

Day

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

El-Amin

Ervin

Faith

Fares

Fisher

Frame

Funderburk

George

Grill

Grisamore

Harris 23

Harris 110

Hobbs

Hodges

Holsman

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Marsh

May

McClanahan

McGhee

Meiners

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Norr

Onder

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

NOES: 016

 

 

 

 

 

 

 

 

 

Darrough

Deeken

Dusenberg

Emery

Fallert

Flook

Franz

Guest

Kelly

Lowe 44

Nasheed

Oxford

Quinn 9

Shively

Todd

Whorton

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

Bowman

Brown 30

Cooper 120

Haywood

Hoskins

Meadows

Schaaf

 

 

 

 

            On motion of Representative Wasson, CCS SS SCS HCS HB 780 was read the third time and passed by the following vote:

 

AYES: 141

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Brandom

Bringer

Brown 30

Bruns

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Daus

Davis

Day

Deeken

Dempsey

Denison

Dixon

Donnelly

El-Amin

Ervin

Faith

Fares

Fisher

Frame

Franz

Funderburk

George

Grill

Grisamore

Harris 23

Harris 110

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Marsh

May

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 016

 

 

 

 

 

 

 

 

 

Brown 50

Darrough

Dethrow

Dusenberg

Emery

Fallert

Flook

Guest

Kelly

Lowe 44

McGhee

Oxford

Quinn 9

Shively

Todd

Whorton

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

Bowman

Dougherty

Haywood

McClanahan

Meadows

Schaaf

 

 

 

 

 

            Representative Pratt declared the bill passed.

 

THIRD READING OF SENATE BILL

 

            HCS#2 SCS SB 333, relating to health and senior services, was taken up by Representative Cooper (155).

 

            Representative Cooper (155) offered House Amendment No. 1.

 

House Amendment No. 1

 

AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 333, Pages 79 to 85, Sections 197.551, 197.554, 197.557, 197.560, 197.563, 197.566, 197.569, 197.572, 197.575, 197.578, 197.581, 197.584, and 197.587, by deleting all of said sections from the bill; and

 

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

 

            On motion of Representative Cooper (155), House Amendment No. 1 was adopted.

 

            Representative Cooper (155) offered House Amendment No. 2.

 

House Amendment No. 2

 

AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 333, Page 77, Section 194.285, Lines 1-3, by deleting all of said lines and inserting in lieu thereof the following:

 

              194.285. 1. A person who acts without negligence and in good faith in accordance with sections 194.210 to 194.294 or with the anatomical gift laws of another state or foreign country is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his or her act. A party claiming another person was negligent shall have the burden of proving the claimed negligence.”; and

 

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

 

            On motion of Representative Cooper (155), House Amendment No. 2 was adopted.

 

            Representative Schad offered House Amendment No. 3.

 

House Amendment No. 3

 

AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 333, Page 112, Section 620.510, Line 2, by deleting the words “economic development” and inserting in lieu thereof the words “health and senior services”; and

 

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

 

            On motion of Representative Schad, House Amendment No. 3 was adopted.

 

            Representative Bruns offered House Amendment No. 4.

 

House Amendment No. 4

 

AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 333, Page 46, Section 192.2175, Lines 114 through 117, by deleting all of said lines and inserting in lieu thereof the following:

 

              “288.100, RSMo. Any person who is employed in a position for”; and

 

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

 

            On motion of Representative Bruns, House Amendment No. 4 was adopted.

 

            Representative Bruns offered House Amendment No. 5.

 

House Amendment No. 5

 

AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 333, Section 570.145, Page 111, Line 10, by deleting the open bracket "["; and

 

              Further amend said substitute, said section, said page, Line 11, by deleting the closed bracket "]"; and

 

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

 

            On motion of Representative Bruns, House Amendment No. 5 was adopted.

 

            Representative Cooper (158) offered House Amendment No. 6.

 

House Amendment No. 6

 

AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 333, Page 5, Section 58.451, Line 92, by inserting after the word "on" and before the word "the" the following:

 

              "the coroner to determine"; and

 

              Further amend said bill, Page 7, Section 58.570, Line 71, by inserting after the word "on" and before the word "the" the following:

 

              "The coroner to determine"; and

 

              Further amend said bill, Page 111, Section 570.145, Line 3, by deleting the "[" before the word "with", inserting an "[" before the word "permanently", removing the "]" after the word "deprive" and inserting a "]" after the word "permanently".

 

            On motion of Representative Cooper (158), House Amendment No. 6 was adopted.

 

            Representative Portwood offered House Amendment No. 7.

 

House Amendment No. 7

 

AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 333, Section 58.785, Page 10, Line 59, by inserting after all of said section, the following:

 

              "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 or her 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 fee as provided in this section.

              2. Health care providers may condition the furnishing of the patient's health care records to the patient, the patient's authorized representative or any other person or entity authorized by law to obtain or reproduce such records upon payment of a fee for:

              (1) Copying, in an amount [not more than seventeen] of eighteen dollars and [five] forty-nine cents plus [forty] forty-four cents per page for the cost of supplies and labor;

              (2) Postage, to include packaging and delivery cost; and

              (3) Certification and notary fee[, not to exceed two] of eight dollars, if certification is requested.

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

              4. 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.

              5. Effective February first of each year, the fees listed in subsection 2 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 fees authorized in this section on the department's Internet web site by February first of each year."; and

 

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

 

            Representative Darrough raised a point of order that House Amendment No. 7 is not germane to the bill.

 

            Representative Pratt requested a parliamentary ruling.

 

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

 

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

 

            Representative Zweifel offered House Amendment No. 8.

 

            Representative Jones (89) raised a point of order that House Amendment No. 8 goes beyond the scope of the bill.

 

            Representative Pratt requested a parliamentary ruling.

 

            The Parliamentary Committee ruled the point of order well taken.

 

            Representative Silvey offered House Amendment No. 9.

 

House Amendment No. 9

 

AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 333, Page 101, Section 199.051, Line 2, by inserting immediately after said line the following:

 

              “208.014. 1. There is hereby established the "Medicaid Reform Commission". The commission shall have as its purpose the study and review of recommendations for reforms of the state Medicaid system. The commission shall consist of ten members:

              (1) Five members of the house of representatives appointed by the speaker; and

              (2) Five members of the senate appointed by the pro tem.

 

No more than three members from each house shall be of the same political party. The directors of the department of social services, the department of health and senior services, and the department of mental health or the directors' designees shall serve as ex officio members of the commission.

              2. Members of the commission shall be reimbursed for the actual and necessary expenses incurred in the discharge of the member's official duties.

              3. A chair of the commission shall be selected by the members of the commission.

              4. The commission shall meet as necessary.

              5. The commission is authorized to contract with a consultant. The compensation of the consultant and other personnel shall be paid from the joint contingent fund or jointly from the senate and house contingent funds until an appropriation is made therefor.

              6. The commission shall make recommendations in a report to the general assembly by January 1, 2006, on reforming, redesigning, and restructuring a new, innovative state Medicaid healthcare delivery system under Title XIX, Public Law 89-97, 1965, amendments to the federal Social Security Act (42 U.S.C. Section 30 et. seq.) as amended, to replace the current state Medicaid system under Title XIX, Public Law 89-97, 1965, amendments to the federal Social Security Act (42 U.S.C. Section 30, et seq.), which shall sunset on June 30, [2008] 2010.

 

              208.631. 1. Notwithstanding any other provision of law to the contrary, the department of social services shall establish a program to pay for health care for uninsured children. Coverage pursuant to sections 208.631 to 208.660 is subject to appropriation. The provisions of sections 208.631 to 208.657 shall be void and of no effect after June 30, [2008] 2010.

              2. For the purposes of sections 208.631 to 208.657, "children" are persons up to nineteen years of age. "Uninsured children" are persons up to nineteen years of age who are emancipated and do not have access to affordable employer-subsidized health care insurance or other health care coverage or persons whose parent or guardian have not had access to affordable employer-subsidized health care insurance or other health care coverage for their children for six months prior to application, are residents of the state of Missouri, and have parents or guardians who meet the requirements in section 208.636. A child who is eligible for medical assistance as authorized in section 208.151 is not uninsured for the purposes of sections 208.631 to 208.657.”; and

 

              Further amend said bill, Page 102, Section 208.909, Line 36, by inserting immediately after said section the following:

 

              “208.930. 1. As used in this section, the term "department" shall mean the department of health and senior services.

              2. Subject to appropriations, the department may provide financial assistance for consumer-directed personal care assistance services through eligible vendors, as provided in sections 208.900 through 208.927, to each person who was participating as a non-Medicaid eligible client pursuant to sections 178.661 through 178.673, RSMo, on June 30, 2005, and who:

              (1) Makes application to the department;

              (2) Demonstrates financial need and eligibility under subsection 3 of this section;

              (3) Meets all the criteria set forth in sections 208.900 through 208.927, except for subdivision (5) of subsection 1 of section 208.903;

              (4) Has been found by the department of social services not to be eligible to participate under guidelines established by the Medicaid state plan; and

              (5) Does not have access to affordable employer-sponsored health care insurance or other affordable health care coverage for personal care assistance services as defined in section 208.900. For purposes of this section, "access to affordable employer-sponsored health care insurance or other affordable health care coverage" refers to health insurance requiring a monthly premium less than or equal to one hundred thirty-three percent of the monthly average premium required in the state's current Missouri consolidated health care plan.

 

Payments made by the department under the provisions of this section shall be made only after all other available sources of payment have been exhausted.

              3. (1) In order to be eligible for financial assistance for consumer-directed personal care assistance services under this section, a person shall demonstrate financial need, which shall be based on the adjusted gross income and the assets of the person seeking financial assistance and such person's spouse.

              (2) In order to demonstrate financial need, a person seeking financial assistance under this section and such person's spouse must have an adjusted gross income, less disability-related medical expenses, as approved by the department, that is equal to or less than three hundred percent of the federal poverty level. The adjusted gross income shall be based on the most recent income tax return.

              (3) No person seeking financial assistance for personal care services under this section and such person's spouse shall have assets in excess of two hundred fifty thousand dollars.

              4. The department shall require applicants and the applicant's spouse, and consumers and the consumer's spouse, to provide documentation for income, assets, and disability-related medical expenses for the purpose of determining financial need and eligibility for the program. In addition to the most recent income tax return, such documentation may include, but shall not be limited to:

              (1) Current wage stubs for the applicant or consumer and the applicant's or consumer's spouse;

              (2) A current W-2 form for the applicant or consumer and the applicant's or consumer's spouse;

              (3) Statements from the applicant's or consumer's and the applicant's or consumer's spouse's employers;

              (4) Wage matches with the division of employment security;

              (5) Bank statements; and

              (6) Evidence of disability-related medical expenses and proof of payment.

              5. A personal care assistance services plan shall be developed by the department pursuant to section 208.906 for each person who is determined to be eligible and in financial need under the provisions of this section. The plan developed by the department shall include the maximum amount of financial assistance allowed by the department, subject to appropriation, for such services.

              6. Each consumer who participates in the program is responsible for a monthly premium equal to the average premium required for the Missouri consolidated health care plan; provided that the total premium described in this section shall not exceed five percent of the consumer's and the consumer's spouse's adjusted gross income for the year involved.

              7. (1) Nonpayment of the premium required in subsection 6 shall result in the denial or termination of assistance, unless the person demonstrates good cause for such nonpayment.

              (2) No person denied services for nonpayment of a premium shall receive services unless such person shows good cause for nonpayment and makes payments for past-due premiums as well as current premiums.

              (3) Any person who is denied services for nonpayment of a premium and who does not make any payments for past-due premiums for sixty consecutive days shall have their enrollment in the program terminated.

              (4) No person whose enrollment in the program is terminated for nonpayment of a premium when such nonpayment exceeds sixty consecutive days shall be reenrolled unless such person pays any past-due premiums as well as current premiums prior to being reenrolled. Nonpayment shall include payment with a returned, refused, or dishonored instrument.

              8. (1) Consumers determined eligible for personal care assistance services under the provisions of this section shall be reevaluated annually to verify their continued eligibility and financial need. The amount of financial assistance for consumer-directed personal care assistance services received by the consumer shall be adjusted or eliminated based on the outcome of the reevaluation. Any adjustments made shall be recorded in the consumer's personal care assistance services plan.

              (2) In performing the annual reevaluation of financial need, the department shall annually send a reverification eligibility form letter to the consumer requiring the consumer to respond within ten days of receiving the letter and to provide income and disability-related medical expense verification documentation. If the department does not receive the consumer's response and documentation within the ten-day period, the department shall send a letter notifying the consumer that he or she has ten days to file an appeal or the case will be closed.

              (3) The department shall require the consumer and the consumer's spouse to provide documentation for income and disability-related medical expense verification for purposes of the eligibility review. Such documentation may include but shall not be limited to the documentation listed in subsection 4 of this section.

              9. (1) Applicants for personal care assistance services and consumers receiving such services pursuant to this section are entitled to a hearing with the department of social services if eligibility for personal care assistance services is denied, if the type or amount of services is set at a level less than the consumer believes is necessary, if disputes arise after preparation of the personal care assistance plan concerning the provision of such services, or if services are discontinued as provided in section 208.924. Services provided under the provisions of this section shall continue during the appeal process.

              (2) A request for such hearing shall be made to the department of social services in writing in the form prescribed by the department of social services within ninety days after the mailing or delivery of the written decision of the department of health and senior services. The procedures for such requests and for the hearings shall be as set forth in section 208.080.

              10. Unless otherwise provided in this section, all other provisions of sections 208.900 through 208.927 shall apply to individuals who are eligible for financial assistance for personal care assistance services under this section.

              11. The department may promulgate rules and regulations, including emergency rules, to implement the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. Any provisions of the existing rules regarding the personal care assistance program promulgated by the department of elementary and secondary education in title 5, code of state regulations, division 90, chapter 7, which are inconsistent with the provisions of this section are void and of no force and effect.

              12. The provisions of this section shall expire on June 30, [2008] 2010.”; and

 

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

 

            Representative Baker (25) offered House Amendment No. 1 to House Amendment No. 9.

 

House Amendment No. 1

to

House Amendment No. 9

 

AMEND House Amendment No. 9 to House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 333, Page 1, Line 21, by deleting the number "2006" and inserting in lieu thereof the following "[2006,] 2008, and biannually thereafter,"; and

 

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

 

            On motion of Representative Baker (25), House Amendment No. 1 to House Amendment No. 9 was adopted.

 

            On motion of Representative Silvey, House Amendment No. 9, as amended, was adopted.

 

            Representative Oxford offered House Amendment No. 10.

 

House Amendment No. 10

 

AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 333, Page 10, Section 58.785, Line 59, by inserting after all of said section and line the following:

 

              "192.331. For the purposes of sections 192.331 to 192.334, the following terms mean:

              (1) "Caseload standards", the minimum and maximum number of cases that an employee can reasonably be expected to perform in a normal work month based on the number of cases handled by the employee or the number of different job functions performed by the employee;

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

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

              (4) "Professional caseload standards", caseload standards that are established by the director, after consideration of caseload standards established by national setting authorities or caseload standards used in other states which have similar job titles.

 

              192.332. 1. The director shall develop caseload standards based on the actual duties of employees in each program area of the department, after considering recommendations of the caseload standards advisory committee, established in section 192.333, and consistent with existing professional caseload standards.

              2. In establishing standards under sections 192.331 to 192.333, the director shall:

              (1) Ensure the standards are based on the actual duties of the employee;

              (2) Ensure the standards are consistent with existing professional caseload standards; and

              (3) Consider standards developed by other states for workers in similar positions of employment.

              3. Such standards shall be used by the director as the basis of the department's personnel budget request to the governor.

              4. If an employee has failed to satisfactorily complete assignments that are in excess of specified caseload standards, good faith efforts to complete such assignments shall be among the factors considered in the employee's performance evaluation. Any failure to complete assignments that are in excess of specified caseload standards shall not be a factor in determining an employee's eligibility for pay increases.

              5. Subject to appropriations, the department shall use the standards established under sections 192.331 to 192.333 to assign caseloads to individual employees.

 

              192.333. 1. The director shall convene, at least annually, a caseload standards committee which shall consist of seven nonsupervisory employees of the department and three division directors of the department or their designees. A representative of the employees' certified majority organization shall also serve on the committee in an advisory capacity, but may not vote on any measure before the committee. The caseload standards advisory committee shall include as nearly as possible employees from each program area of the department.

              2. The caseload standards advisory committee shall review professional and other caseload standards and recommendations the committee considers appropriate and recommend to the department minimum and maximum caseloads for each category of workers employed by the department.

 

              192.334. 1. The director shall submit an annual written report to the general assembly that provides data and statistical information regarding the caseloads of employees of the department. The report shall include the following:

              (1) The established caseload standards for employees in each program area of the department as required in section 192.332;

              (2) The actual caseloads for employees in each program area of the department;

              (3) A description of the methodology used to compute caseloads for employees in each program area of the department;

              (4) Indicate whether the statewide average caseloads of department employees exceed the caseload standards established by the department as required in section 192.332.

              2. The director shall make the report available to the public by posting the report on the department's Internet web site."; and

 

              Further amend said bill, Page 114, Section 620.510, Line 66, by inserting after all of said section and line the following:

 

              "630.101. For the purposes of sections 630.101 to 630.104, the following terms mean:

              (1) "Caseload standards", the minimum and maximum number of cases that an employee can reasonably be expected to perform in a normal work month based on the number of cases handled by the employee or the number of different job functions performed by the employee;

              (2) "Department", the department of mental health;

              (3) "Director", the director of the department of mental health;

              (4) "Professional caseload standards", caseload standards that are established by the director, after consideration of caseload standards established by national setting authorities or caseload standards used in other states which have similar job titles.

 

              630.102. 1. The director shall develop caseload standards based on the actual duties of employees in each program area of the department, after considering recommendations of the caseload standards advisory committee, established under section 630.103, and consistent with existing professional caseload standards.

              2. In establishing standards under sections 630.101 to 630.103, the director shall:

              (1) Ensure the standards are based on the actual duties of the employee;

              (2) Ensure the standards are consistent with existing professional caseload standards; and

              (3) Consider standards developed by other states for workers in similar positions of employment.

              3. Such standards shall be used by the director as the basis of the department's personnel budget request to the governor.

              4. If an employee has failed to satisfactorily complete assignments that are in excess of specified caseload standards, good faith efforts to complete such assignments shall be among the factors considered in the employee's performance evaluation. Any failure to complete assignments that are in excess of specified caseload standards shall not be a factor in determining an employee's eligibility for pay increases.

              5. Subject to appropriations, the department shall use the standards established under sections 630.101 to 630.103 to assign caseloads to individual employees.

 

              630.103. 1. The director shall convene, at least annually, a caseload standards committee which shall consist of seven nonsupervisory employees of the department and three division directors of the department or their designees. A representative of the employees' certified majority organization shall also serve on the committee in an advisory capacity, but may not vote on any measure before the committee. The caseload standards advisory committee shall include as nearly as possible employees from each program area of the department.

              2. The caseload standards advisory committee shall review professional and other caseload standards and recommendations the committee considers appropriate and recommend to the department minimum and maximum caseloads for each category of workers employed by the department.

 

              630.104. 1. The director shall submit an annual written report to the general assembly that provides data and statistical information regarding the caseloads of employees of the department. The report shall include the following:

              (1) The established caseload standards for employees in each program area of the department as required in section 630.102;

              (2) The actual caseloads for employees in each program area of the department;

              (3) A description of the methodology used to compute caseloads for employees in each program area of the department;

              (4) Indicate whether the statewide average caseloads of department employees exceed the caseload standards established by the department as required in section 630.102.

              2. The director shall make the report available to the public by posting the report on the department's Internet web site."; and

 

              Further amend said bill, Page 115, Section 660.010, Line 51, by inserting after all of said section and line the following:

 

              "660.020. 1. The director shall develop caseload standards based on the actual duties of employees in each program area of the department, after considering recommendations of the caseload standards advisory committee, established pursuant to section 660.021, and consistent with existing professional caseload standards.

              2. In establishing standards pursuant to sections 660.019 to 660.021, the director shall:

              (1) Ensure the standards are based on the actual duties of the caseworker;

              (2) Ensure the standards are consistent with existing professional caseload standards; and

              (3) Consider standards developed by other states for workers in similar positions of employment.

              3. Such standards shall be used by the director as the basis of the department's personnel budget request to the governor.

              4. If an employee has failed to satisfactorily complete assignments that are in excess of specified caseload standards, good faith efforts to complete such assignments shall be among the factors considered in the employee's performance evaluation. Any failure to complete assignments that are in excess of specified caseload standards shall not be a factor in determining an employee's eligibility for pay increases.

              5. Subject to appropriations, the department shall use the standards established pursuant to sections 660.019 to 660.021 to assign caseloads to individual employees.

 

              660.021. 1. The director shall convene, at least [biannually] annually, a caseload standards committee which shall consist of seven nonsupervisory employees of the department and three division directors of the department or their designees. A representative of the employees' certified majority organization shall also serve on the committee in an advisory capacity, but may not vote on any measure before the committee. The caseload standards advisory committee shall include as nearly as possible employees from each program area of the department.

              2. The caseload standards advisory committee shall review professional and other caseload standards and recommendations the committee considers appropriate and recommend to the department minimum and maximum caseloads for each category of workers employed by the department.

 

              660.022. 1. The director shall submit an annual written report to the general assembly that provides data and statistical information regarding the caseloads of employees of the department. The report shall include the following:

              (1) The established caseload standards for employees in each program area of the department as required in section 660.020;

              (2) The actual caseloads for employees in each program area of the department;

              (3) A description of the methodology used to compute caseloads for caseworkers in each program area of the department;

              (4) Indicate whether the statewide average caseloads of department caseworkers exceed the caseload standards established by the department as required in section 660.020.

              2. The director shall make the report available to the public by posting the report on the department's Internet web site."; and

 

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

 

            Representative Oxford moved that House Amendment No. 10 be adopted.

 

            Which motion was defeated.

 

            Representative Page offered House Amendment No. 11.

 

House Amendment No. 11

 

AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 333, Section 198.006, Page 89, Line 141, by inserting after all of said line the following:

 

              198.069. For any resident of an assisted living facility who is released from a hospital or skilled nursing facility and returns to an assisted living facility as a resident, such resident's assisted living facility shall immediately, upon return, implement physician orders in the hospital or discharge summary, and within twenty-four hours of the patient's return to the facility, review and document such review of any physician orders related to the resident's hospital discharge care plan or the skilled nursing facilities discharge care plan and modify the individual service plan for the resident accordingly. The department of health and senior services may adjust personal care units authorized as described in subsection 14 of section 208.152, RSMo, upon the effective date of the physicians orders to reflect the services required by such orders.”; and

 

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

 

            On motion of Representative Page, House Amendment No. 11 was adopted.

 

            Representative Fallert offered House Amendment No. 12.

 

            Representative Jones (89) raised a point of order that House Amendment No. 12 goes beyond the scope of the bill.

 

            Representative Pratt requested a parliamentary ruling.

 

            The Parliamentary Committee ruled the point of order well taken.

 

            Representative Dempsey moved the previous question.

 

            Which motion was adopted by the following vote:

 

AYES: 091

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Bivins

Brandom

Brown 30

Bruns

Cooper 155

Cooper 158

Cox

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Funderburk

Grisamore

Guest

Hobbs

Hunter

Icet

Jones 89

Jones 117

Kelly

Kingery

Kraus

Lembke

Lipke

Loehner

Marsh

May

McGhee

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Onder

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Richard

Robb

Ruestman

Ruzicka

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

St. Onge

Stream

Sutherland

Thomson

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 060

 

 

 

 

 

 

 

 

 

Baker 25

Bland

Bringer

Brown 50

Burnett

Casey

Chappelle-Nadal

Corcoran

Curls

Daus

Donnelly

El-Amin

Fallert

Frame

George

Grill

Harris 23

Harris 110

Haywood

Hodges

Holsman

Hoskins

Hubbard

Hughes

Johnson

Komo

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

McClanahan

Meiners

Nasheed

Norr

Page

Quinn 9

Robinson

Roorda

Rucker

Scavuzzo

Schieffer

Schoemehl

Shively

Skaggs

Spreng

Storch

Swinger

Talboy

Villa

Vogt

Walsh

Whorton

Witte

Wright-Jones

Young

Zimmerman

Zweifel

 

 

 

 

 

PRESENT: 003

 

 

 

 

 

 

 

 

 

Aull

Dougherty

Todd

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

Bowman

Cooper 120

Darrough

Meadows

Oxford

Salva

Walton

Wildberger

Yaeger

 

 

            On motion of Representative Cooper (155), HCS#2 SCS SB 333, as amended, was adopted.

 

            On motion of Representative Cooper (155), HCS#2 SCS SB 333, as amended, was read the third time and passed by the following vote:

 

AYES: 151

 

 

 

 

 

 

 

 

 

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Brandom

Bringer

Brown 30

Brown 50

Bruns

Burnett

Casey

Chappelle-Nadal

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

Funderburk

George

Grill

Grisamore

Guest

Harris 23

Haywood

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hughes

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McGhee

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sater

Scavuzzo

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 004

 

 

 

 

 

 

 

 

 

Harris 110

Onder

Sander

Schoeller

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

Aull

Bowman

Cooper 120

El-Amin

Hunter

McClanahan

Meadows

Schaaf

 

 

 

            Representative Pratt 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 has taken up and passed SCS HCS HB 329, entitled:

 

            An act to repeal sections 425.010 and 425.020, RSMo, an to enact in lieu thereof four new sections relating to debt adjusters, with a penalty provision.

 

            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 SS SCS HCS HB 583, entitled:

 

            An act to repeal sections 191.225, 431.056, 565.072, 595.030, 595.036, 595.209, RSMo, and to enact in lieu thereof twenty new sections relating to crime victims, with penalty provisions.

 

            With Senate Amendment No. 1.

 

Senate Amendment No. 1

 

AMEND Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 583, Page 9, Section 455.038, Line 25, by inserting immediately after said line the following:

 

              "537.047. 1. Any person who, while a child or minor as defined by section 573.010, RSMo, was a victim of a violation of sections 573.023, 573.025, 573.035, or 573.037, RSMo, and who suffers physical or psychological injury or illness as a result of such violation, shall be entitled to bring a civil action to recover the actual damages sustained as a result of the violation, and shall also be entitled to recover the costs of the civil action and reasonable fees for attorneys and expert witnesses. A psychological injury or illness as described under this section need not be accompanied by physical injury or illness.

              2. Any action described under this section shall be commenced within ten years of the plaintiff attaining the age of twenty-one, or within three years of the date the plaintiff discovers that the injury or illness was caused by the violation of an offense enumerated in subsection one of this section, whichever later occurs.

              3. A cause of action under this section may arise only if the violation that caused the injury occurs on or after August 28, 2007."; and

 

              Further amend the title and enacting clause accordingly.

 

            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 SS HCS HB 820, entitled:

 

            An act to repeal section 546.720, RSMo, and to enact in lieu thereof one new section relating to administration of the death penalty, with penalty provisions.

 

            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 President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House on HCS SS SCS SB 22, as amended: Senators Griesheimer, Engler, Goodman, Callahan and McKenna.

 

 


            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 HCS#2 SCS SB 313, as amended: Senators Scott, Lager, Engler, Kennedy and McKenna.

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SB 516, as amended, and requests the House to recede from its position and, failing to do so, grant the Senate a conference thereon.

 

            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 HCS SB 582, as amended: Senators Shoemyer, Griesheimer, Nodler, Vogel and Callahan.

 

            On motion of Representative Dempsey, the House recessed until 2:00 p.m.

 

AFTERNOON SESSION

 

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

 

MESSAGE FROM THE SENATE

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SB 516, as amended, and requests the House to recede from its position and, failing to do so, grant the Senate a conference thereon.

 

BILL CARRYING REQUEST MESSAGE

 

            HCS SB 516, as amended, relating to judicial personnel and proceedings, was taken up by Representative Pratt.

 

            Representative Pratt moved that the House refuse to recede from its position on HCS SB 516, as amended, and grant the Senate a conference.

 

            Which motion was adopted.

 

THIRD READING OF SENATE BILL

 

            HCS#2 SS SCS SB 3, relating to mental health reform, was taken up by Representative Stevenson.

 

            Representative Stevenson offered House Amendment No. 1.

 

            House Amendment No. 1 was withdrawn.

 

            Representative Portwood offered House Amendment No. 2.

 

House Amendment No. 2

 

AMEND House Committee Substitute No. 2 for Senate Substitute for Senate Committee Substitute for Senate Bill No. 3, Page 3, Section 565.214, Line 27, by inserting after all of said line the following:

 

              4. Nothing in this section shall be construed to mean that a vulnerable person is abused solely because such person chooses to rely on spiritual means through prayer, in lieu of medical care, for his or her health care, as evidenced by the vulnerable person’s explicit consent, advance directive for health care, or practice.”; and

 

              Further amend said bill, Page 4, Section 565.218, Line 20, by inserting immediately following the period “.” the following:

 

               “Notwithstanding any other provision of this section, a duly ordained minister, clergy, religious worker, or Christian Science practitioner while functioning in his or her ministerial capacity shall not be required to report concerning a privileged communication made to him or her in his or her professional capacity.”; and

 

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

 

            On motion of Representative Portwood, House Amendment No. 2 was adopted.

 

            Representative Icet offered House Amendment No. 3.

 

House Amendment No. 3

 

AMEND House Committee Substitute No. 2 for Senate Substitute for Senate Committee Substitute for Senate Bill No. 3, Page 1, Section A, Line 5, by inserting after all of said section the following:

 

              "208.225. 1. To implement fully the provisions of section 208.152, the division of medical services shall calculate the Medicaid per diem reimbursement rates of each nursing home participating in the Medicaid program as a provider of nursing home services based on its costs reported in the Title XIX cost report filed with the division of medical services for its fiscal year as provided in subsection 2 of this section.

              2. The recalculation of Medicaid rates to all Missouri facilities will be performed as follows: effective July 1, 2004, the department of social services shall use the Medicaid cost report containing adjusted costs for the facility fiscal year ending in 2001 and redetermine the allowable per-patient day costs for each facility. The department shall recalculate the class ceilings in the patient care, one hundred twenty percent of the median; ancillary, one hundred twenty percent of the median; and administration, one hundred ten percent of the median cost centers. Each facility shall receive as a rate increase one-third of the amount that is unpaid based on the recalculated cost determination.

              3. For a facility new to the Medicaid program that did not have a Medicaid cost report for the year ending 2001, its Medicaid per diem reimbursement rate shall be calculated from its fiscal year cost report which covers the second twelve-month fiscal year following the facility's initial date of Medicaid certification using the class ceilings of this section. This prospective rate shall be retroactive to the beginning of the first day of the facility's second full twelve-month fiscal year."; and

 

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

 

            On motion of Representative Icet, House Amendment No. 3 was adopted.

 

            HCS#2 SS SCS SB 3, as amended, was laid over.

 

            Speaker Jetton resumed the Chair.

 

MESSAGE 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 HCS SB 516, as amended: Senators Goodman, Bartle, Crowell, Barnitz and Justus.

 

 


APPOINTMENT OF CONFERENCE COMMITTEES

 

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

 

HCS SCS SB 86: Representatives Sutherland, Cooper (120), Stevenson, Chappelle-Nadal and Zweifel

HCS SB 516: Representatives Pratt, Flook, Smith (150), Burnett and Johnson

 

            Speaker Pro Tem Bearden resumed the Chair.

 

THIRD READING OF SENATE BILL

 

            HCS#2 SS SCS SB 3, as amended, relating to mental health reform, was again taken up by Representative Stevenson.

 

            On motion of Representative Stevenson, HCS#2 SS SCS SB 3, as amended, was adopted.

 

            On motion of Representative Stevenson, HCS#2 SS SCS SB 3, as amended, was read the third time and passed by the following vote:

 

AYES: 151

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Brandom

Bringer

Brown 30

Brown 50

Bruns

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

Funderburk

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hughes

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McClanahan

McGhee

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Villa

Vogt

Wallace

Walsh

Wells

Weter

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 003

 

 

 

 

 

 

 

 

 

Emery

Hunter

Whorton

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

 

Bowman

Curls

Meadows

Nieves

Rucker

Spreng

Viebrock

Walton

Wasson

 

 

            Speaker Pro Tem Bearden declared the bill passed.

 

HOUSE BILL WITH SENATE AMENDMENTS

 

            SS SCS HCS HBs 952 & 674, as amended, relating to long-term care facilities, was taken up by Representative Wilson (130).

 

            Representative Dixon assumed the Chair.

 

            On motion of Representative Wilson (130), SS SCS HCS HBs 952 & 674, as amended, was adopted by the following vote:

 

AYES: 154

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bowman

Brandom

Bringer

Brown 30

Brown 50

Bruns

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

Funderburk

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McClanahan

McGhee

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Villa

Vogt

Wallace

Walsh

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

 

Bland

Curls

Hughes

Meadows

Roorda

Spreng

Viebrock

Walton

Wright-Jones

 

 

            On motion of Representative Wilson (130), SS SCS HCS HBs 952 & 674, as amended, was truly agreed to and finally passed by the following vote:

 

AYES: 158

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Bowman

Brandom

Bringer

Brown 30

Brown 50

Bruns

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

Funderburk

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McClanahan

McGhee

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Villa

Vogt

Wallace

Walsh

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 005

 

 

 

 

 

 

Meadows

Schaaf

Spreng

Viebrock

Walton

 

            Representative Dixon declared the bill passed.

 

THIRD READING OF SENATE BILLS

 

            HCS SB 315, relating to liability for agricultural damage, was taken up by Representative Munzlinger.

 

            Representative Munzlinger offered House Amendment No. 1.

 

House Amendment No. 1

 

AMEND House Committee Substitute for Senate Bill No. 315, Section 260.546, Page 3, Line 51, by inserting immediately after said line the following:

 

              "260.1003. As used in sections 260.1000 to 260.1039, the following terms shall mean:

              (1) "Activity and use limitations", restrictions or obligations with respect to real property created under sections 260.1000 to 260.1039;

              (2) "Common interest community", a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes, insurance premiums, maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community;

              (3) "Department", the department of natural resources or any other state or federal department that determines or approves the environmental response project under which the environmental covenant is created;

              (4) "Environmental covenant", a servitude arising under an environmental response project that imposes activity and use limitations;

              (5) "Environmental response project", a plan or work performed for environmental remediation of real property and conducted:

              (a) Under a federal or state program governing environmental remediation of real property, including but not limited to the Missouri hazardous waste management law as specified in this chapter;

              (b) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of the department; or

              (c) Under a state voluntary cleanup program authorized in the Missouri hazardous waste management law as specified in this chapter;

but shall not include plans or work performed for environmental remediation of releases from aboveground storage tanks or underground storage tanks as defined in section 319.100, RSMo;

              (6) "Holder", the grantee of an environmental covenant as specified in section 260.1006;

              (7) "Person", an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, department, or instrumentality, or any other legal or commercial entity;

              (8) "Record", information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

              (9) "State", a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

 

              260.1012. 1. An environmental covenant that complies with sections 260.1000 to 260.1039 shall run with the land.

              2. An environmental covenant that is otherwise effective is valid and enforceable even if:

              (1) It is not appurtenant to an interest in real property;

              (2) It can be or has been assigned to a person other than the original holder;

              (3) It is not of a character that has been recognized traditionally at common law;

              (4) It imposes a negative burden;

              (5) It imposes an affirmative obligation on a person having an interest in the real property or on the holder;

              (6) The benefit or burden does not touch or concern real property;

              (7) There is no privity of estate or contract;

              (8) The holder dies, ceases to exist, resigns, or is replaced; or

              (9) The owner of an interest subject to the environmental covenant and the holder are the same person.

              3. An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before the effective date of sections 260.1000 to 260.1039 is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection 2 of this section or because it was identified as an easement, servitude, deed restriction, or other interest. Sections 260.1000 to 260.1039 do not apply in any other respect to such an instrument.

              4. Sections 260.1000 to 260.1039 do not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is established or required by a constitutionally created state agency or federal agency."; and

 

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

 

            HCS SB 315, with House Amendment No. 1, pending, was laid over.

 

            HCS SS#2 SCS SB 161, relating to elementary and secondary education, was taken up by Representative Muschany.

 

            Representative Muschany offered House Amendment No. 1.

 

House Amendment No. 1

 

AMEND House Committee Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 161, Pages 1 and 2, Section 160.041, Lines 1 to 13; Pages 2 to 4, Section 160.400, Lines 1 to 82; Page 4, Section 160.480, Lines 1 to 18; Pages 4 to 5, Section 161.375, Lines 1 to 34; Pages 5 to 6, Section 161.720, Lines 1 to 22; Pages 6 to 9, Section 162.1031, Lines 1 to 104; Pages 9 to 10, Section 162.1110, Lines 1 to 25; Page 10, Section 163.051, Lines 1 to 10; Pages 10 to 12, Section 167.031, Lines 1 to 81; Pages 12 to 15, Section 167.128, Lines 1 to 101; Pages 15 to 17, Section 167.231, Lines 1 to 74; Pages 21 to 22, Section 168.104, Lines 1 to 37; Page 22, Section 168.114, Lines 1 to 15; Page 22, Section 168.135, Lines 1 to 10; Pages 22 to 23, Section 168.138, Lines 1 to 8; Pages 23 to 24, Section 168.215, Lines 1 to 43; by striking said all of sections from the bill; and

 

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

 

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

 

House Amendment No. 1

to

House Amendment No. 1

 

AMEND House Amendment No. 1 to House Committee Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 161, Section 168.114, Page 1, Line 10, by inserting the following after all of said line:

 

              "168.133. 1. The school district shall ensure that a criminal background check is conducted on any person employed after January 1, 2005, authorized to have contact with pupils and prior to the individual having contact with any pupil. Such persons include, but are not limited to, administrators, teachers, aides, paraprofessionals, assistants, secretaries, custodians, cooks, and nurses. The school district shall also ensure that a criminal background check is conducted for school bus drivers. The district may allow such drivers to operate buses pending the result of the criminal background check. For bus drivers, the background check shall be conducted on drivers employed by the school district or employed by a pupil transportation company under contract with the school district.

              2. In order to facilitate the criminal history background check on any person employed after January 1, 2005, the applicant shall submit two sets of fingerprints collected pursuant to standards determined by the Missouri highway patrol. One set of fingerprints shall be used by the highway patrol to search the criminal history repository and the family care safety registry pursuant to sections 210.900 to 210.936, RSMo, and the second set shall be forwarded to the Federal Bureau of Investigation for searching the federal criminal history files.

              3. The applicant shall pay the fee for the state criminal history record information pursuant to section 43.530, RSMo, and sections 210.900 to 210.936, RSMo, and pay the appropriate fee determined by the Federal Bureau of Investigation for the federal criminal history record when he or she applies for a position authorized to have contact with pupils pursuant to this section. The department shall distribute the fees collected for the state and federal criminal histories to the Missouri highway patrol.

              4. The school district may adopt a policy to provide for reimbursement of expenses incurred by an employee for state and federal criminal history information pursuant to section 43.530, RSMo.

              5. If, as a result of the criminal history background check mandated by this section, it is determined that the holder of a certificate issued pursuant to section 168.021 has pled guilty or nolo contendere to, or been found guilty of a crime or offense listed in section 168.071, or a similar crime or offense committed in another state, the United States, or any other country, regardless of imposition of sentence, such information shall be reported to the department of elementary and secondary education.

              6. Any school official making a report to the department of elementary and secondary education in conformity with this section shall not be subject to civil liability for such action.

              7. For any teacher who is employed by a school district on a substitute or part-time basis within one year of such teacher's retirement from a Missouri school, the state of Missouri shall not require such teacher to be subject to any additional background checks prior to having contact with pupils. Nothing in this subsection shall be construed as prohibiting or otherwise restricting a school district from requiring additional background checks for such teachers employed by the school district.

              8. A criminal background check and fingerprint collection conducted under subsections 1 and 2 of this section shall be valid for a period of at least one year and transferrable from one school district to another district. A teacher's change in type of certification shall have no effect on the transferability of such records.

              9. Nothing in this section shall be construed to alter the standards for suspension, denial, or revocation of a certificate issued pursuant to this chapter.

              [9.] 10. The state board of education may promulgate rules for criminal history background checks made pursuant to this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after January 1, 2005, shall be invalid and void."; and

 

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

 

            HCS SS#2 SCS SB 161, with House Amendment No. 1 to House Amendment No. 1 and House Amendment No. 1, pending, was laid over.

 

            Speaker Jetton resumed the Chair.

 

MESSAGES FROM THE SENATE

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SCS HB 69, entitled:

 

            An act to repeal sections 21.750, 41.655, 50.327, 50.333, 50.565, 50.1250, 52.290, 52.312, 52.315, 52.317, 57.113, 58.451, 58.500, 58.510, 58.720, 64.620, 64.890, 64.940, 65.677, 66.010, 67.320, 67.797, 67.1360, 67.1451, 67.1545, 67.2500, 67.2510, 70.220, 70.515, 70.545, 72.080, 79.050, 79.370, 84.120, 84.170, 86.590, 87.006, 89.010, 89.400, 94.660, 94.837, 99.805, 100.050, 100.059, 105.483, 108.170, 110.130, 110.140, 110.150, 141.150, 141.640, 144.030, 144.062, 144.757, 144.759, 162.431, 190.305, 210.861, 238.202, 238.207, 238.208, 238.225, 238.230, 238.275, 246.005, 304.015, 311.174, 313.055, 313.057, 320.200, 320.271, 320.310, 392.410, 393.705, 393.710, 393.715, 393.720, 393.829, 409.107, 432.070, 451.040, 473.743, 479.010, 479.011, 650.396, and 650.399, RSMo, section 67.1000 as enacted by senate committee substitute for senate bill no. 820, eighty-ninth general assembly, second regular session, section 67.1000 as enacted by house bill no. 1587, eighty-ninth general assembly, second regular session, section 67.2505 as enacted by conference committee substitute for senate substitute for senate committee substitute for house committee substitute for house bill nos. 795, 972, 1128 & 1161 merged with house substitute for senate committee substitute for senate bill no. 1155, ninety-second general assembly, second regular session, and section 67.2505 as enacted by senate substitute for senate committee substitute for house committee substitute for house bill no. 833 merged with house committee substitute for senate substitute for senate bill no. 732, ninety-second general assembly, second regular session, and sections 21.750, 99.812, and 144.054, as Truly Agreed To and Finally Passed by the first regular session of the ninety-fourth general assembly in Senate Committee Substitute for House Committee Substitute for House Bill No. 327, and to enact in lieu thereof one hundred thirty-nine new sections relating to political subdivisions, with penalty provisions and emergency clauses for certain sections.

 

            With Senate Amendment No. 1.

 

Senate Amendment No. 1

 

AMEND Senate Substitute for Senate Committee Substitute for House Bill No. 69, Page 190, Section 190.305, Lines 5-10 of said page, by striking said lines and inserting in lieu thereof the following:

 

              "to sections 190.327 and 190.328. The board of any county of the first classification with more than one hundred four thousand six hundred but fewer than one hundred four thousand seven hundred inhabitants shall provide services to a city located in more than one county only after making an agreement or contracting with the city for such services, provided that any agreement or contract in effect, as of January 1, 2006, shall continue until such time as a successor agreement or contract is entered into by the board and city and such agreement or contract is to provide services for a period of three or more years.".

 

            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 HCS HB 98.

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SCS HB 596, entitled:

 

            An act to repeal sections 94.660, 226.527, 226.530, 226.580, 227.107, 238.202, 238.207, 238.208, 238.210, 238.225, 238.230, 238.275, 301.010, 301.030, 301.040, 301.131, 301.150, 301.301, 301.310, 301.420, 301.440, 301.640, 301.716, 302.010, 302.272, 302.275, 302.321, 302.545, 302.700, 302.720, 302.755, 302.775, 303.415, 304.015, 304.022, 304.070, 304.170, 304.180, 304.230, 304.281, 307.010, 307.015, 307.090, 307.100, 307.120, 307.125, 307.155, 307.172, 307.173, 307.179, 307.195, 307.198, 307.365, 307.375, 307.390, 307.400, 311.326, 390.030, 390.071, 390.136, 407.730, 407.732, 407.815, 556.021, 577.029, 577.039, and 622.095, RSMo, and to enact in lieu thereof ninety-one new sections relating to transportation, with penalty provisions, an effective date for certain sections, and an emergency clause for certain sections.

 

            With Senate Amendment No. 1 and Senate Amendment No. 2.

 

Senate Amendment No. 1

 

AMEND Senate Substitute for Senate Committee Substitute for House Bill No. 596, Page 114, Section 304.230, Line 11 of said page, by striking the following:

 

              "If the"; and

 

              Further amend Lines 12-28 of said page, by striking all of said lines; and

 

              Further amend said bill and section, Page 115, Lines 1-12 of said page, by striking all of said lines.

 

Senate Amendment No. 2

 

AMEND Senate Substitute for Senate Committee Substitute for House Bill No. 596, Page 54, Section 301.040, Line 14, by inserting after all of said line, the following:

 

              "301.130. 1. The director of revenue, upon receipt of a proper application for registration, required fees and any other information which may be required by law, shall issue to the applicant a certificate of registration in such manner and form as the director of revenue may prescribe and a set of license plates, or other evidence of registration, as provided by this section. Each set of license plates shall bear the name or abbreviated name of this state, the words "SHOW-ME STATE", the month and year in which the registration shall expire, and an arrangement of numbers or letters, or both, as shall be assigned from year to year by the director of revenue. The plates shall also contain fully reflective material with a common color scheme and design for each type of license plate issued pursuant to this chapter. The plates shall be clearly visible at night, and shall be aesthetically attractive. Special plates for qualified disabled veterans will have the "DISABLED VETERAN" wording on the license plates in preference to the words "SHOW-ME STATE" and special plates for members of the national guard will have the "NATIONAL GUARD" wording in preference to the words "SHOW-ME STATE".

              2. The arrangement of letters and numbers of license plates shall be uniform throughout each classification of registration. The director may provide for the arrangement of the numbers in groups or otherwise, and for other distinguishing marks on the plates.

              3. All property-carrying commercial motor vehicles to be registered at a gross weight in excess of twelve thousand pounds, all passenger-carrying commercial motor vehicles, local transit buses, school buses, trailers, semitrailers, motorcycles, motortricycles, motorscooters and driveaway vehicles shall be registered with the director of revenue as provided for in subsection 3 of section 301.030, or with the state highways and transportation commission as otherwise provided in this chapter, but only one license plate shall be issued for each such vehicle except as provided in this subsection. The applicant for registration of any property-carrying commercial motor vehicle may request and be issued two license plates for such vehicle, and if such plates are issued the director of revenue may assess and collect an additional charge from the applicant in an amount not to exceed the fee prescribed for personalized license plates in subsection 1 of section 301.144.

              4. The plates issued to manufacturers and dealers shall bear the letter "D" preceding the number, and the director may place upon the plates other letters or marks to distinguish commercial motor vehicles and trailers and other types of motor vehicles.

              5. No motor vehicle or trailer shall be operated on any highway of this state unless it shall have displayed thereon the license plate or set of license plates issued by the director of revenue or the state highways and transportation commission and authorized by section 301.140. Each such plate shall be securely fastened to the motor vehicle in a manner so that all parts thereof shall be plainly visible and reasonably clean so that the reflective qualities thereof are not impaired. Each such plate may be encased in a transparent cover so long as the plate is plainly visible and its reflective qualities are not impaired. License plates shall be fastened to all motor vehicles except trucks, tractors, truck tractors or truck-tractors licensed in excess of twelve thousand pounds on the front and rear of such vehicles not less than eight nor more than forty-eight inches above the ground, with the letters and numbers thereon right side up. The license plates on trailers, motorcycles, motortricycles and motorscooters shall be displayed on the rear of such vehicles, with the letters and numbers thereon right side up. The license plate on buses, other than school buses, and on trucks, tractors, truck tractors or truck-tractors licensed in excess of twelve thousand pounds shall be displayed on the front of such vehicles not less than eight nor more than forty-eight inches above the ground, with the letters and numbers thereon right side up or if two plates are issued for the vehicle pursuant to subsection 3 of this section, displayed in the same manner on the front and rear of such vehicles. The license plate or plates authorized by section 301.140, when properly attached, shall be prima facie evidence that the required fees have been paid.

              6. (1) The director of revenue shall issue annually or biennially a tab or set of tabs as provided by law as evidence of the annual payment of registration fees and the current registration of a vehicle in lieu of the set of plates. Beginning January 1, 2010, the director may prescribe any additional information recorded on the tab or tabs to ensure that the tab or tabs positively correlate with the license plate or plates issued by the department of revenue for such vehicle. Such tabs shall be produced in each license bureau office.

              (2) The vehicle owner to whom a tab or set of tabs is issued shall affix and display such tab or tabs in the designated area of the license plate, no more than one per plate.

              (3) A tab or set of tabs issued by the director of revenue when attached to a vehicle in the prescribed manner shall be prima facie evidence that the registration fee for such vehicle has been paid.

              (4) Except as otherwise provided in this section, the director of revenue shall issue plates for a period of at least six years.

              (5) For those commercial motor vehicles and trailers registered pursuant to section 301.041, the plate issued by the highways and transportation commission shall be a permanent nonexpiring license plate for which no tabs shall be issued. Nothing in this section shall relieve the owner of any vehicle permanently registered pursuant to this section from the obligation to pay the annual registration fee due for the vehicle. The permanent nonexpiring license plate shall be returned to the highways and transportation commission upon the sale or disposal of the vehicle by the owner to whom the permanent nonexpiring license plate is issued, or the plate may be transferred to a replacement commercial motor vehicle when the owner files a supplemental application with the Missouri highways and transportation commission for the registration of such replacement commercial motor vehicle. Upon payment of the annual registration fee, the highways and transportation commission shall issue a certificate of registration or other suitable evidence of payment of the annual fee, and such evidence of payment shall be carried at all times in the vehicle for which it is issued.

              (6) Upon the sale or disposal of any vehicle permanently registered under this section, or upon the termination of a lease of any such vehicle, the permanent nonexpiring plate issued for such vehicle shall be returned to the highways and transportation commission and shall not be valid for operation of such vehicle, or the plate may be transferred to a replacement vehicle when the owner files a supplemental application with the Missouri highways and transportation commission for the registration of such replacement vehicle. If a vehicle which is permanently registered under this section is sold, wrecked or otherwise disposed of, or the lease terminated, the registrant shall be given credit for any unused portion of the annual registration fee when the vehicle is replaced by the purchase or lease of another vehicle during the registration year.

              7. The director of revenue and the highways and transportation commission may prescribe rules and regulations for the effective administration of this section. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

              8. Notwithstanding the provisions of any other law to the contrary, owners of motor vehicles other than apportioned motor vehicles or commercial motor vehicles licensed in excess of eighteen thousand pounds gross weight may apply for special personalized license plates. Vehicles licensed for eighteen thousand pounds that display special personalized license plates shall be subject to the provisions of subsections 1 and 2 of section 301.030.

              9. Commencing January 1, 2009, the director of revenue shall cause to be reissued new license plates of such design as directed by the director consistent with the terms, conditions, and provisions of this section and this chapter. Except as otherwise provided in this section, in addition to all other fees required by law, applicants for registration of vehicles with license plates that expire between January 1, 2009, and December 31, 2011, applicants for registration of trailers or semitrailers with license plates that expire between January 1, 2009, and December 31, 2011, and applicants for registration of vehicles that are to be issued new license plates shall pay an additional fee, based on the actual cost of the reissuance, to cover the cost of the newly reissued plates required by this subsection. The additional fee prescribed in this subsection shall not be charged to persons receiving special license plates issued under section 301.073 or 301.443. Historic motor vehicle license plates registered pursuant to section 301.131 and specialized license plates are exempt from the provisions of this subsection."; and

 

              Further amend the title and enacting clause accordingly.

 

            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 SCS HCS HBs 619 & 118, entitled:

 

            An act to amend chapter 41, RSMo, by adding thereto one new section relating to the civil air patrol.

 

            With Senate Amendment No. 1.

 

 


Senate Amendment No. 1

 

AMEND Senate Committee Substitute for House Committee Substitute for House Bill Nos. 619 & 118, Page 2, Section 41.970, Line 38, by inserting immediately after "supporting" the following:

 

              "the department of public safety or".

 

            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 HCS HBs 654 & 938, entitled:

 

            An act to repeal section 313.835, RSMo, and to enact in lieu thereof two new sections relating to veterans, with penalty provisions.

 

            With Senate Amendment No. 1.

 

Senate Amendment No. 1

 

AMEND House Committee Substitute for House Bill Nos. 654 & 938, Page 1, Section A, Line 2, by inserting after all of said line the following:

 

              "137.100. The following subjects are exempt from taxation for state, county or local purposes:

              (1) Lands and other property belonging to this state;

              (2) Lands and other property belonging to any city, county or other political subdivision in this state, including market houses, town halls and other public structures, with their furniture and equipments, and on public squares and lots kept open for health, use or ornament;

              (3) Nonprofit cemeteries;

              (4) The real estate and tangible personal property which is used exclusively for agricultural or horticultural societies organized in this state, including not-for-profit agribusiness associations;

              (5) All property, real and personal, actually and regularly used exclusively for religious worship, for schools and colleges, or for purposes purely charitable and not held for private or corporate profit, except that the exemption herein granted does not include real property not actually used or occupied for the purpose of the organization but held or used as investment even though the income or rentals received therefrom is used wholly for religious, educational or charitable purposes;

              (6) Household goods, furniture, wearing apparel and articles of personal use and adornment, as defined by the state tax commission, owned and used by a person in his home or dwelling place;

              (7) Motor vehicles leased for a period of at least one year to this state or to any city, county, or political subdivision or to any religious, educational, or charitable organization which has obtained an exemption from the payment of federal income taxes, provided the motor vehicles are used exclusively for religious, educational, or charitable purposes; [and]

              (8) Real or personal property leased or otherwise transferred by an interstate compact agency created pursuant to sections 70.370 to 70.430, RSMo, or sections 238.010 to 238.100, RSMo, to another for which or whom such property is not exempt when immediately after the lease or transfer, the interstate compact agency enters into a leaseback or other agreement that directly or indirectly gives such interstate compact agency a right to use, control, and possess the property; provided, however, that in the event of a conveyance of such property, the interstate compact agency must retain an option to purchase the property at a future date or, within the limitations period for reverters, the property must revert back to the interstate compact agency. Property will no longer be exempt under this subdivision in the event of a conveyance as of the date, if any, when:

              (a) The right of the interstate compact agency to use, control, and possess the property is terminated;

              (b) The interstate compact agency no longer has an option to purchase or otherwise acquire the property; and

              (c) There are no provisions for reverter of the property within the limitation period for reverters;

              (9) All property, real and personal, belonging to veterans' organizations. As used in this section, "veterans' organization" means any organization of veterans with a congressional charter, that is incorporated in this state, and that is exempt from taxation under section 501(c)(19) of the Internal Revenue Code of 1986, as amended.

 

              137.101. 1. The activities of nationally affiliated fraternal, benevolent, [veteran,] or service organizations which promote good citizenship, humanitarian activities, or improve the physical, mental, and moral condition of an indefinite number of people [or] are purposes purely charitable within the meaning of subsection 1 of section 6 of article X of the constitution and local assessing authorities may exempt such portion of the real and personal property of such organizations as the assessing authority may determine is utilized in purposes purely charitable from the assessment, levy, and collection of taxes.

              2. If, at any time, an assessor finally determines, after any and all hearings or rightful appeals, that personal property, upon which an organization would otherwise owe taxes but for the provisions of subsection 1 of this section or subdivision (5) of section 137.100, is not used for purposes purely charitable, or for purposes described in subdivision (5) of section 137.100, then the assessor shall notify the department of revenue of such final determination within thirty days."; and

 

              Further amend the title and enacting clause accordingly.

 

            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 refuses to concur in HCS#2 SS SCS SB 3, as amended, and requests the House to recede from its position and, failing to do so, grant the Senate a conference thereon.

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SCS SB 299 & SS SCS SB 616, as amended, and requests the House to recede from its position and, failing to do so, grant the Senate a conference thereon.

 

APPOINTMENT OF CONFERENCE COMMITTEE

 

            The Speaker appointed the following Conference Committee to act with a like Committee from the Senate on the following bill:

 

SS HB 744: Representatives St. Onge, Schlottach, Cooper (120), Kuessner and Daus

 

            Representative Dixon resumed the Chair.

 

THIRD READING OF SENATE BILL

 

            HCS SS#2 SCS SB 161, with House Amendment No. 1 to House Amendment No. 1 and House Amendment No. 1, pending, relating to elementary and secondary education, was again taken up by Representative Muschany.

 

            On motion of Representative Bringer, House Amendment No. 1 to House Amendment No. 1 was adopted by the following vote:

 

AYES: 154

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bowman

Brandom

Bringer

Brown 30

Brown 50

Bruns

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

Funderburk

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McClanahan

McGhee

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

 

Bland

Dougherty

Meadows

Richard

Salva

Schneider

Spreng

Viebrock

Wildberger

 

 

            Representative Dempsey moved the previous question.

 

            Which motion was adopted by the following vote:

 

AYES: 089

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Bivins

Brandom

Brown 30

Bruns

Cooper 120

Cooper 155

Cooper 158

Cox

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Funderburk

Grisamore

Guest

Hobbs

Hunter

Icet

Jones 89

Jones 117

Kelly

Kingery

Kraus

Lembke

Lipke

Loehner

Marsh

May

McGhee

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Onder

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Richard

Robb

Ruestman

Ruzicka

Sander

Sater

Schad

Scharnhorst

Schlottach

Schneider

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

St. Onge

Stream

Thomson

Threlkeld

Tilley

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

NOES: 066

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bowman

Bringer

Brown 50

Burnett

Casey

Chappelle-Nadal

Corcoran

Curls

Darrough

Daus

Donnelly

El-Amin

Fallert

Frame

George

Grill

Harris 23

Harris 110

Haywood

Hodges

Holsman

Hoskins

Hubbard

Hughes

Johnson

Komo

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

McClanahan

Meiners

Nasheed

Norr

Oxford

Page

Quinn 9

Robinson

Roorda

Rucker

Salva

Scavuzzo

Schieffer

Schoemehl

Shively

Skaggs

Storch

Swinger

Talboy

Todd

Villa

Vogt

Walsh

Walton

Whorton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zimmerman

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

 

Bland

Dougherty

Meadows

Schaaf

Spreng

Sutherland

Viebrock

Zweifel

 

 

 

            On motion of Representative Muschany, House Amendment No. 1, as amended, was adopted.

 

            Representative Pratt resumed the Chair.

 

            Representative Muschany offered House Amendment No. 2.

 

House Amendment No. 2

 

AMEND House Committee Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 161, Page 18, Section 168.021, Lines 26 to 42, by deleting all of said lines and inserting in lieu thereof the following:

 

              "(4) By the state board, under rules and regulations prescribed by it for a pilot program to run through school year 2011-2012, on the basis of certification by the American Board for Certification of Teacher Excellence (ABCTE) in all certification areas available for grades nine through twelve and verification of ability to work with children as demonstrated by sixty contact hours in any one of the following areas as validated by the school principal: sixty contact hours in the classroom, of which at least forty-five must be teaching; sixty contact hours as a substitute teacher, with at least thirty consecutive hours in the same classroom; sixty contact hours of teaching in a public, private or charter school; or sixty contact hours of teaching as a paraprofessional, for an initial four-year ABCTE professional certificate of license to teach. Upon completion of the requirements listed in paragraphs (a), (b), (c), (d), and (e) of this subdivision, an applicant shall be eligible to apply for a career continuous professional certificate under subdivision (2) of subsection 3 of this section:

              (a) Completion of thirty contact hours of professional development within four years, which may include hours spent in class in an appropriate college curriculum;

              (b) Validated completion of two years of the mentoring program of the American Board for Certification of Teacher Excellence or a district mentoring program approved by the state board of education;

              (c) Attainment of a successful performance-based teacher evaluation;

              (d) Participation in a beginning teacher assistance program; and

              (e) Successful attainment of the Missouri qualifying score on the exit assessment for teachers designated by the state board of education within two years"; and

 

              Further amend said section, Page 19, Line 68, by deleting the words "and (c)" and inserting in lieu thereof the following:

 

              "(c), (d), and (e)"; and

 

              Further amend said bill, Page 26, Section 210.205, Line 11, by inserting after the word "system." the following:

 

              "Adoption of any quality rating system shall be accomplished through the rule-making process under chapter 536, RSMo."; and

 

              Further amend said bill, Page 26, Section 210.205, Line 18, by deleting the word "outcomes." and inserting in lieu thereof the following:

 

              "outcomes; and

              (4) Permit the appeal of any rating to the department of social services through an appeals process established by rule.

              3. The quality rating system shall be:

              (1) Voluntary for facilities that are licensed under sections 210.201 to 210.259, and do not receive the child care subsidy under chapter 208, RSMo, or any other state funds;

              (2) Mandatory for facilities that are licensed under sections 210.201 to 210.259, and receive a child care subsidy under chapter 208, RSMo, or any other state funds;

              (3) Voluntary for facilities that are license-exempt under the exceptions described in section 210.211 to 210.259. A license-exempt facility under the exceptions described in section 210.211 may be rated with an explanation that it is rated but license-exempt."; and

 

              Further amend said bill by renumbering the remaining subsections accordingly; and

 

              Further amend said section, Page 27, Lines 56 and 57, by deleting all of said lines and inserting in lieu thereof the following:

 

              "7. For purposes of this section, "early childhood program" shall mean programs that are both centered and home-based and providing services for children from birth to kindergarten."; and

 

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

 

            Representative Skaggs raised a point of order that House Amendment No. 2 is out of order pursuant to Rule 84.

 

            Representative Pratt requested a parliamentary ruling.

 

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

 

            Representative Dixon offered House Amendment No. 1 to House Amendment No. 2.

 

House Amendment No. 1

to

House Amendment No. 2

 

AMEND House Amendment No. 2 to House Committee Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 161, Page 2, Line 7 of said amendment, by inserting immediately after the word "RSMo." the following:

 

              "Any adopted rating system shall not award or diminish rating scores for any facility based on criteria that are consistent with the facility's religious beliefs by laws or mission statement as long as such beliefs by laws or mission statement do not result in practices that constitute a violation of state law or local ordinance, nor shall such practices affect a facility's eligibility for child care subsidies or grants under this section."; and

 

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

 

            On motion of Representative Dixon, House Amendment No. 1 to House Amendment No. 2 was adopted by the following vote:

 

AYES: 133

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bowman

Brandom

Bringer

Brown 30

Brown 50

Bruns

Casey

Cooper 120

Cooper 155

Cooper 158

Cox

Cunningham 145

Cunningham 86

Curls

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fisher

Flook

Frame

Franz

Funderburk

George

Grill

Grisamore

Guest

Harris 110

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hunter

Icet

Jones 89

Jones 117

Kelly

Kingery

Komo

Kraus

Kuessner

Lampe

Lembke

Liese

Lipke

Marsh

May

McClanahan

McGhee

Meiners

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Norr

Onder

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Smith 14

Smith 150

Stevenson

Storch

Stream

Sutherland

Swinger

Thomson

Threlkeld

Tilley

Todd

Villa

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

NOES: 023

 

 

 

 

 

 

 

 

 

Burnett

Chappelle-Nadal

Corcoran

Darrough

Daus

Fares

Haywood

Hughes

Johnson

LeVota

Low 39

Lowe 44

Nasheed

Oxford

Robinson

Roorda

Skaggs

St. Onge

Talboy

Vogt

Whorton

Wright-Jones

Zimmerman

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Bland

Harris 23

Kratky

Loehner

Meadows

Spreng

Viebrock

 

 

 

 

            Representative Storch requested a division of the question on House Amendment No. 2, as amended.

 

            Representative Nieves assumed the Chair.

 

House Amendment No. 2

 

PART I

 

AMEND House Committee Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 161, Page 18, Section 168.021, Lines 26 to 42, by deleting all of said lines and inserting in lieu thereof the following:

 

              "(4) By the state board, under rules and regulations prescribed by it for a pilot program to run through school year 2011-2012, on the basis of certification by the American Board for Certification of Teacher Excellence (ABCTE) in all certification areas available for grades nine through twelve and verification of ability to work with children as demonstrated by sixty contact hours in any one of the following areas as validated by the school principal: sixty contact hours in the classroom, of which at least forty-five must be teaching; sixty contact hours as a substitute teacher, with at least thirty consecutive hours in the same classroom; sixty contact hours of teaching in a public, private or charter school; or sixty contact hours of teaching as a paraprofessional, for an initial four-year ABCTE professional certificate of license to teach. Upon completion of the requirements listed in paragraphs (a), (b), (c), (d), and (e) of this subdivision, an applicant shall be eligible to apply for a career continuous professional certificate under subdivision (2) of subsection 3 of this section:

              (a) Completion of thirty contact hours of professional development within four years, which may include hours spent in class in an appropriate college curriculum;

              (b) Validated completion of two years of the mentoring program of the American Board for Certification of Teacher Excellence or a district mentoring program approved by the state board of education;

              (c) Attainment of a successful performance-based teacher evaluation;

              (d) Participation in a beginning teacher assistance program; and

              (e) Successful attainment of the Missouri qualifying score on the exit assessment for teachers designated by the state board of education within two years"; and

 

              Further amend said section, Page 19, Line 68, by deleting the words "and (c)" and inserting in lieu thereof the following:

 

              "(c), (d), and (e)"; and

 

            Representative Storch offered House Amendment No. 1 to Part I.

 

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

 

            Representative Nieves requested a parliamentary ruling.

 

            The Parliamentary Committee ruled the point of order well taken.

 

            Representative El-Amin assumed the Chair.

 

            Representative Nieves resumed the Chair.

 

            Representative Dempsey moved the previous question.

 

            Which motion was adopted by the following vote:

 

AYES: 089

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Bivins

Brandom

Brown 30

Bruns

Cooper 120

Cooper 155

Cooper 158

Cox

Cunningham 145

Cunningham 86

Davis

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Funderburk

Grisamore

Guest

Hobbs

Hunter

Icet

Jones 89

Jones 117

Kelly

Kingery

Kraus

Lembke

Lipke

Loehner

Marsh

May

McGhee

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Onder

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Richard

Robb

Ruestman

Ruzicka

Sander

Sater

Schad

Scharnhorst

Schlottach

Schneider

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

St. Onge

Stream

Sutherland

Thomson

Threlkeld

Tilley

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

NOES: 068

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bowman

Bringer

Brown 50

Burnett

Casey

Chappelle-Nadal

Corcoran

Curls

Darrough

Daus

Donnelly

Dougherty

El-Amin

Fallert

Frame

George

Grill

Harris 23

Harris 110

Haywood

Hodges

Holsman

Hoskins

Hubbard

Hughes

Johnson

Komo

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

McClanahan

Meiners

Nasheed

Norr

Oxford

Page

Quinn 9

Robinson

Roorda

Rucker

Salva

Scavuzzo

Schieffer

Schoemehl

Shively

Skaggs

Storch

Swinger

Talboy

Todd

Villa

Vogt

Walsh

Walton

Whorton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zimmerman

Zweifel

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

 

Bland

Day

Meadows

Schaaf

Spreng

Viebrock

 

 

 

 

 

            On motion of Representative Muschany, Part I of House Amendment No. 2 was adopted by the following vote:

 

AYES: 090

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Bivins

Brandom

Brown 30

Bruns

Cooper 120

Cooper 155

Cooper 158

Cox

Cunningham 145

Cunningham 86

Davis

Deeken

Dempsey

Denison