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Journal of the House


First Regular Session, 93rd General Assembly




SEVENTY-SECOND DAY, Tuesday, May 10, 2005

The House met pursuant to adjournment.


            Speaker Jetton in the Chair.


            Prayer by Reverend Steve Drury of St. Louis.


              We celebrate our life today with praise to You our Creator for the blessings You have given. For the strength and wisdom as available as we ask You and believe You will give us.


              We ask that as this Session comes near the end that these final days bring cohesion among all the members, even in differences, to make the last decisions for the common good of all residents of the state of Missouri.


              Today we ask for not only a blessing upon this House but the Senate, our Governor, Matt Blunt and his family, and all the elected leaders of this state, our President, George Bush, our Vice-President, Dick Cheney, and all our national leaders.


              Our hearts are heavy as we hear the news of our soldiers fighting for our freedom giving their lives. Be with

our brave men and women today. Put a shield of protection around them like You did the armies of Hezekiah in II Chronicles. Give comfort to those who have lost family members in the battles for our freedom. We thank You for the safe return of our own Missouri Representative Jim Avery.


              At home, we ask for Your comfort today for those who have loved ones in the bus accident yesterday, here in our state and the children traumatized who attended school with them.


               Finally, we ask Your anointed blessings upon this Session today as we give You thanks for all You have done.


              Accept our thanks and praise.


              In the precious name of our Savior Jesus Christ. 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: Allie Armstrong, Dylan Derboven, Mercedes Forrest, Brendan Kelly, Alexandra Zrenner, Amanda Brockelmeyer, Nathan Storz, Christy Manuel, Jackson Meyers, Kristin Metz, Dylan Neal, Anna Henley, Tomesia Brumbaugh, Hunter Brumbaugh, Jacob Brumbaugh, Tori Brumbaugh, Ji Hye Lee, Alexander Carl Basi, Laura Ransin, Jamie Johnson, Katelyn Crosson, Manda Back, Caitlyn Propst, Kayla Cooley, Matthew Boeding, Cole Shoemaker, Krista O'Loughlin, Lucas Morris, Kevin Wamsley, Courtney Lyon, Justin Connaway, Adam Fincher, Sierra Myers and Dylan Vorhees.


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

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 3075

                        through

            House Resolution No. 3078 - Representative Baker (123)

            House Resolution No. 3079 - Representative Denison

            House Resolution No. 3080

                        through

            House Resolution No. 3084 - Representative Schoemehl

            House Resolution No. 3085

                        through

            House Resolution No. 3090 - Representatives Wilson (130) and Ruestman

            House Resolution No. 3091

                        and

            House Resolution No. 3092 - Representative Nieves

            House Resolution No. 3093

                        through

            House Resolution No. 3106 - Representative Smith (118)

            House Resolution No. 3107 - Representative Wright (137)

            House Resolution No. 3108 - Representative Meadows

            House Resolution No. 3109 - Representative Avery

            House Resolution No. 3110 - Representative Wood

            House Resolution No. 3111

                        through

            House Resolution No. 3113 - Representative Kingery

            House Resolution No. 3114 - Representative Darrough

            House Resolution No. 3115

                        through

            House Resolution No. 3128 - Representative Muschany

            House Resolution No. 3129 - Representative Parson


COMMITTEE REPORT


            Committee on Fiscal Review, Chairman Guest reporting:


            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS SS SCS SB 287 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.


THIRD READING OF SENATE BILLS


            HCS SCS SB 233, relating to designation of highways and bridges, was taken up by Representative Nance.


            Representative Bearden offered House Amendment No. 1.




House Amendment No. 1


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 233, Section A, Page 1, Line 3, by inserting immediately after all of said line the following:


              "227.241. Sections 227.241 to 227.249 shall be known as the "State Highway Utility Relocation Act". The commission shall not be required to redesign any project plans or mail additional notices, nor shall the owner of a utility facility be required to submit additional relocation plans or otherwise comply with requirements of sections 227.241 to 227.249 for any construction project on a state highway for which the letting date was prior to December 31, 2005.


              227.242. As used in sections 227.241 to 227.249, the following terms shall mean:

              (1) "Act of God", an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight;

              (2) "Commission," the highways and transportation commission created under section 226.020, RSMo, and article IV, section 29 of the Missouri Constitution, the director, or designees of the director for the purpose of sections 227.240 to 227.248;

              (3) "Construction project", all contracts for construction of state highways let under section 227.100, except for contracts for maintenance or resurfacing determined by the commission not to conflict with public utilities and routine maintenance and repairs completed by employees of the commission. This term shall also include state highway construction projects of transportation development districts and corporations under chapter 238, RSMo, if such projects are awarded pursuant to section 227.100. The term "construction project" shall not include projects for road beautification, road irrigation, and drainage projects, culvert installation or repair, sound wall installation, decorative lighting, landscaping, or other projects not directly related to improving or routing highway traffic. The term "construction project" shall also not include any project authorized by the commission to accommodate any private development, including a shopping mall, stadium, office building, or arena;

              (4) "Contractor", any person entering into a contract with the highway and transportation commission for purposes of completing a construction project on a state highway, including a subcontractor or supplier to such contractor;

              (5) "Customer delays", delays in the relocation work due to delays caused by the utility's customers, including but not limited to delays in getting written or oral approvals from customers for permissible utility service cut-over dates;

              (6) "Cut-over date", the date utility owner interrupts utility service to a utility customer provided through an existing utility facility and switches the service over to a new utility facility serving the customer;

              (7) "Day" or "days", a business day or a period of consecutive business days consisting of every work day excluding Saturdays, Sundays, and legal holidays;

              (8) "Director", the director of the Missouri department of transportation appointed pursuant to section 226.040;

              (9) "Extreme weather event", a severe weather occurrence, including but not limited to fire, flood, earthquake, tornado, wind, hurricane, storm, ice, abnormal rainfall, blizzard, or extended periods of severe inclement weather;

              (10) "Letting date", the date established by the commission for the acceptance of bids by contractors under section 227.100;

              (11) "Mail", a dated written transmittal sent to the addressee by regular or certified mail;

              (12) "Maintenance", routine work performed on state highways by employees of the commission or contractors to the commission, including minor pavement and shoulder repairs, striping, grading, irrigation ditch clearing, street overlays, and other work determined by the commission not to conflict with public utilities;

              (13) "Notice to proceed", notice by the commission to a contractor to proceed with work on a contract awarded by the commission;

              (14) "Owner", the individual, firm, joint venture, partnership, corporation, association, cooperative, municipality, county, district, political subdivision, department, agency, or any other institution owning or operating utility facilities;

              (15) "Project plans", any plan for highway construction projects demonstrating the need to design and conduct utility facility alterations or relocations due to the work;

              (16) "Relocate" or "relocation", the adjustment of utility facilities, as the commission or director may determine is necessary in connection with the construction of a state highway. Relocation includes:

              (a) Removing and reinstalling the utility facility, including necessary temporary facilities;

              (b) Moving, rearranging, or changing the type of existing utility facilities; and

              (c) Taking any necessary safety and protective measures;

              (17) "Relocation plan," a plan designed by the owner to carry out utility facility relocation work to accommodate a construction project on a state highway;

              (18) "Resurfacing", work which provides a new roadway surface for existing pavement on a state highway, including minor base patching, intersection paving, shoulder work, and guard rail work which is determined by the commission not to conflict with public utilities;

              (19) "State highway", a highway constructed or maintained at the cost of the state or constructed with the aid of state funds or United States government funds or any highway included by authority of law in the state highway system or any highway constructed under the authority of a transportation development district or corporation under chapter 238, RSMo, where such contract is awarded under section 227.100;

              (20) "Utility contractor", a person contracting with an owner of a utility facility or a subcontractor to a person contracting with an owner of a utility facility, for the alteration relocation or installation of a utility facility in connection with a construction project on a state highway;

              (21) "Utility facility", any underground facility as defined in section 319.015, RSMo, and aboveground facilities, including poles, lines, wires, and appurtenances for the purposes of electrical power, telephone, telegraph, fiber optic and cable television services, and any other purpose or which aboveground utility facilities may be located along state highways;

              (22) "Work", construction and services required of the contractor by the contractor's contract with the commission, including excavation as that term is defined in section 319.015, RSMo.


              227.243. 1. At the earliest possible date in the design of a construction project on a state highway, the commission shall attempt to determine what utility facilities are located within the right-of-way of the planned construction project by researching permit files and reviewing map files maintained by the commission. The commission shall also, as necessary, conduct field investigations and contact local governments to identify any utility facilities within the right-of-way.

              2. Within thirty days of completion of the survey conducted under subsection 1 of this section, the commission shall notify in writing owners of each known utility facility that a construction project is planned that may conflict with their utility facility. The notification shall include the name or route number of the highway, the geographical limits of the planned construction protect, a general description of the work to be done including a preliminary plan, the desired date for completion of a relocation plan, and the anticipated month and year a letting date could be set for the construction project.

              3. The owner shall examine the notice and notify the commission in writing of any utility facility not correctly described in the commission's notice. Within sixty days of receiving the notice required in subsection 2 of this section, the owner shall provide a written response to the commission. The response shall describe and provide the general location of each utility facility of the owner by confirming the location shown in the commission's notice or by providing additions or corrections.


              227.244. 1. Upon completion of the initial design of the construction project, the commission shall provide at least one set of project plans to each owner of a utility facility identified under section 227.243.

              2. The project plans shall show those portions of the construction project upon which the owner's utility facilities are located and where the utility facilities of other owners are located in relation to work required for the project. The commission shall also provide with the project plans a description of any right-of-way still to be purchased and the anticipated letting date of the project. The project plan shall be accompanied by a complete set of plans including profile, cross-section, drainage, signal, lighting, signing plans, temporary road plans that may affect utilities, and other pertinent plan sheets. Upon request of the owner, the commission shall provide any additional plan information needed by the owner to design and lay out the removal, relocation, or adjustment of existing facilities and the placement of relocated or new utility facilities within the limits of the construction project.

              3. Within thirty days of receipt of the project plans, the utility owner shall develop a preliminary plan of adjustment and return the marked-up project plans to the commission. The plan of adjustment shall include:

              (1) Verification that all utility facilities are shown;

              (2) The proposed location of adjusted utility facilities;

              (3) Any additional right-of-way requirements; and

              (4) Any other concerns.

              4. When two or more owners have facilities in the area encompassed by the construction project, the commission shall schedule a utility coordination meeting as soon as possible but no longer than thirty days from the date the project plans were mailed. The commission's project manager and all owners are required to attend this meeting. If there is a conflict between two owners which cannot be satisfactorily resolved by the owners, the commission shall determine the most appropriate method to resolve the conflict between the two owners, and, in making such determination, shall weigh equally the length of time necessitated by each owner's proposal, and the relative cost to each owner if the other's proposal is adopted. The commission shall notify all utility owners involved with the project in writing of the commission's acceptance or revisions to the utility plan of adjustment.


              227.245. 1. Within one hundred twenty days of receiving written notice of approval of the utility plan of adjustment from the commission, the owner shall provide the commission with a relocation plan. The one hundred twenty-day clock stops after the relocation plan is submitted by the owner. If, after timely submission of the relocation plan by the owner, revisions or alterations are necessary for any reason, or if the original relocation plan was incomplete due to information needed from other parties, the one hundred twenty-day clock begins to run again when the needed information is received back by the owner.

              2. The relocation plan shall include a narrative description of work that will be done in relocating the owner's utility facilities and whether the work or a portion of the work must be coordinated with or is contingent upon work being performed by another utility facility owner or the contractor to the commission. The relocation plan shall list, if applicable, any anticipated issues or problems related to the acquisition of right-of-way. The relocation plan shall, if applicable, detail the anticipated number of days to acquire additional easements not provided within the new highway right-of-way. The relocation plan shall also give estimates as to the time needed to obtain any necessary customer approvals for cut-over dates, if necessary. The relocation plan shall state when the work will be started and the length of time in days estimated to complete the work. It is permissible for an owner to state in a relocation plan that the owner's work will be completed within a stated number of days from the date that a contractor or another owner completes certain identified work which interferes with the owner's work. The relocation plan shall identify any contingencies, if applicable, that may impact the anticipated start of relocation. The relocation plan shall also describe whether the plan is incomplete due to:

              (1) Other owners failing to coordinate their plans with the owner submitting the plan;

              (2) Other owners failing to provide information necessary to submit a complete relocation plan;

              (3) The commission failing to provide any information required by subsection 2 of section 227.244; or

              (4) Any other reason explained in the plan regarding the circumstances and cause of the plan being incomplete.

              3. The commission shall review the relocation plan to ensure compatibility with permit requirements, the project plan, and the anticipated letting date and notice to proceed for the project. If utility relocation is dependent upon or must be coordinated with work to be completed by the contractor, the relocation plan shall assure timely completion of the project. If the relocation plan is acceptable to the commission, the commission shall notify the owner in writing within thirty days of receiving the plan. If the relocation plan submitted by the owner is not compatible, reasonable, or does not allow timely completion of the project, the commission shall advise the owner in writing as soon as practicable, but not later than thirty days after receiving the relocation plan. The commission shall specify in the notice which parts of the relocation plan it finds objectionable, and the reasons for its conclusions. The owner shall submit a revised relocation plan within thirty calendar days after receipt of notice by the commission that the relocation plan is not acceptable. The commission shall review the revised relocation plan, and if the relocation plan is still not acceptable, the commission shall provide a relocation plan to the owner. The owner shall not be bound by the terms of the commission's relocation plan if such relocation plan:

              (1) Requires the payment of overtime to employees to expedite the construction project; or

              (2) Requires the owner to comply with a deadline which is not feasible due, in whole or in part, to one or more factors outside the control of the owner.

              4. If the owner informs the commission, in writing, or the commission determines that the owner's relocation work is dependent upon or must be coordinated with work being performed by the commission's contractor, the commission shall convene a meeting of the contractor and the one or more owners whose relocation work is dependent upon or must be coordinated with the contractor's work. Such meeting shall be held after the letting date at which bids were received for the construction project, but prior to the issuance of a notice to proceed to the commission's contractor. After such meeting, and before or concurrent with the issuance of a notice to proceed, the commission shall provide a schedule for the relocation of utilities to the owner and the commission's contractor. If the approved relocation plan, or a portion of such plan, is dependent upon or must be coordinated with work to be performed by the contractor, the contractor shall notify the commission of its best estimate of the date that all construction necessary for the relocation of utilities will be completed, at least fourteen days prior to such date. If such completion date is delayed due to weather or other causes, the contractor shall immediately notify the commission of the delay and the revised expected completion date. The contractor shall give a second notice to the commission five days prior to the date work will be completed as necessary for relocation work to begin. It shall be the responsibility of the commission to notify the owner or owners of the contractor's estimated completion dates. The contractor may also notify the owner directly of such dates, if the contractor has received information from the owner under subsection 7 of this section, but such notice shall not relieve the commission of its obligation to notify the owner. If the contractor's delay causes additional delay by the owner, the commission and the owner shall negotiate in good faith to determine the new completion date.

              5. (1) The commission shall notify the owner in writing not less than thirty days before the owner is required to begin relocation provided for in the approved relocation plan. Unless the owner has encountered excusable delay as set forth in subsection 4 of section 227.248, the owner shall complete its work within the time frame described in the relocation plan, and shall complete all work that can be done prior to construction before the issuance of the notice to proceed, including work that may need to be coordinated with other utility owners but is not dependent on the work of the contractor.

              (2) The notice required by subdivision (1) of this subsection shall include the name, address, telephone number, facsimile number, and electronic mail address of the commission's contractor and any subcontractors performing work on the construction project. Such information shall also include the name and title of an individual employed by the contractor or subcontractor having primary responsibility for the construction project. Within fifteen days of receiving notice, the owner shall provide to the commission and the commission's contractor the name, address, telephone number, facsimile number, and electronic mail address of the employee of the owner who is responsible for implementation of the owner's relocation plan and the same information for any utility contractor to the owner for purposes of carrying out the relocation plan.

              6. The owner shall notify the commission when relocation work has started. During the course of the relocation work, the commission may require owners to provide progress reports until its relocation is completed. The owner shall notify the commission when all relocation work is complete. All notices of either starting or completion of relocation work and all monthly progress reports shall be provided within five days after such dates.


              227.246. 1. If, prior to the letting date of the construction project, the commission's project plan is changed so that additional or different utility re1ocation work is found necessary, the commission shall furnish a revised project plan under section 227.244, and the owner shall provide the commission with a revised relocation plan under section 227.245, except that the time allowed for the owner to submit the revised relocation plan after receipt of the revised project plan shall not exceed sixty days.

              2. If, after the letting date of the highway construction project, additional utility relocation work is found necessary which was not indicated on the original project plan, the commission shall provide the owner with a revised project plan within fifteen days and the commission and the owner shall agree on a reasonable schedule for completion of the additional utility location.


              227.247. 1. The commission shall have authority to require that any required notice, response, or plan be submitted by mail or certified mail. Otherwise notices, plans, and other statements in writing may be provided by mail, facsimile, or electronic mail. The commission may require that some form of proof of receipt be provided in regard to any notice, plan, or other statement in writing. Upon mutual agreement between the commission and an owner, additional time may be granted for the completion of any act required by sections 227.241 to 227.249.

              2. Nothing in sections 227.241 to 227.249 shall be construed to relieve a contractor from making notice of excavation as required by sections 319.010 to 319.050, RSMo, of the underground facility safety and damage prevention act, or complying with the requirements of sections 319.075 to 319.090, RSMo, of the overhead powerline safety act, except to the extent that any provisions of sections 227.241 to 227.249 require additional obligations beyond those set forth in sections 319.011 to 319.050, RSMo, or sections 319.075 to 319.090, RSMo, in which case the requirements of sections 227.241 to 227.249 shall prevail.


              227.248. 1. If the owner of a utility facility fails to provide the responses or corrections to project plans required by sections 227.243 to 227.246, the commission may recover from the owner damages in the amount of up to one hundred dollars per day for each day the required act is not completed.

              2. If the owner fails to provide a relocation plan or fails to timely relocate utility facilities in accordance with the relocation plan as required by section 227.245, the commission may recover from the owner damages in the amount of up to one thousand dollars per day for each day the required act is not completed.

              3. The damages authorized by subsections 1 and 2 of this section may be recovered through actions brought by the chief counsel to the commission, or may be referred to the attorney general for appropriate action. An action to collect the damages authorized by this section shall be brought in a court of appropriate jurisdiction. All damages collected under this section shall be deposited in the state road fund.

              4. No damages or fines of any kind shall be assessed for delays that result, in whole or in part, directly or indirectly, from any of the following:

              (1) Customer delays;

              (2) Labor strikes or shortages;

              (3) Terrorist attacks, riots, civil unrest, or criminal sabotage;

              (4) Acts of God, or extreme weather events;

              (5) Delays caused by staffing shortages in the geographic area near the commission's construction project due to the owner's need to reassign an unusual number of workers to any other area to respond to an act of God or extreme weather event;

              (6) The failure of another owner to sufficiently complete its required relocation of utility facilities that interfere with an owner's relocation plan;

              (7) The failure of another owner or delay by another owner in submitting relocation plans that interfere with an owner's relocation plan;

              (8) Delays by the commission in acquiring necessary right-of-way or necessary easements;

              (9) Delays caused by facility damages or cable cuts caused by the commission's contractor, other owners, or third parties;

              (10) Unusual material shortages; and

              (11) Any other event or action beyond the reasonable control of the owner.


The occurrence of any of the unusual events listed in this section shall constitute an affirmative defense to the assessment of damages under the provisions of this section.

              5. The removal and relocation of utility facilities shall be made at the expense of the owners unless otherwise provided by the commission. If the owner fails to relocate the utility facilities in accordance with the relocation plan as required by section 227.245, the utility facilities may be removed and relocated by the state highways and transportation commission, or under its direction, and the cost of relocating the utility facilities shall be collected from such owner. If the state highways and transportation commission or its designee removes and relocates the utility facilities, the utility owner shall not be liable to any party for any damages caused by the commission's or the commission's designee's removal and relocation of such facilities.


              227.249. Any home rule city having a population of sixty thousand inhabitants or greater or any charter county of the first classification may adopt ordinances, policies, resolutions, or regulations consistent with sections 227.241 to 227.249 regarding the relocation of utility facilities located within the right-of-way of streets, highways, or roads under their respective jurisdiction, which are not state highways. Any ordinance, policy, resolution, or regulation adopted under the authority of this section shall not infringe upon, negate or otherwise abrogate an owner's right to construct, own, operate, and maintain utility facilities within the right-of-ways of such political subdivision that the owner otherwise enjoyed prior to the adoption of such ordinance, policy, resolution, or regulation."; and


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


            Representative Cooper (120) 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 Committee Substitute for Senate Bill No. 233, Section 227.249, Page 11, Lines 7-8, by deleting all of said lines and inserting in lieu thereof the following:


              227.249. Any county with a charter form of government and with more than two hundred fifty thousand but fewer than three hundred fifty thousand inhabitants may adopt ordinances, policies, resolutions, or”; and


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


            On motion of Representative Cooper (120), House Amendment No. 1 to House Amendment No. 1 was adopted.


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


            Representative Swinger offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 233, Section 227.356, Page 1, Line 3, by inserting after all of said line the following:


              227.358. The portion of U.S. 412 in Dunklin County from the eastern city limits of Kennett, Missouri, to the western city limits of Hayti, Missouri, within Pemiscot County shall be designated the "Governor John M. Dalton Memorial Highway”; and


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


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


            Representative Zweifel offered House Amendment No. 3.


House Amendment No. 3


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 233, Page 4, Section 227.365, Line 78, by inserting after all of said line the following:


              "227.367. The portion of highway 370 in St. Louis County from the intersection of Interstate 270, west to the Discovery Bridge, shall be designated the "Officer Scott Armstrong Memorial Highway". Costs for such designation shall be paid by the Bridgeton Optimist Club."; and


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


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


            Speaker Pro Tem Bearden assumed the Chair.


            Representative Dempsey moved the previous question.


            Which motion was adopted by the following vote:


AYES: 097

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bean

Bearden

Behnen

Bivins

Black

Brown 30

Bruns

Byrd

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Goodman

Guest

Hobbs

Hunter

Icet

Jackson

Johnson 47

Jones

Kelly

Kingery

Kraus

Lager

Lembke

Lipke

Loehner

Marsh

May

McGhee

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Ruestman

Rupp

Sander

Sater

Schad

Schlottach

Schneider

Self

Silvey

Smith 14

Smith 118

Stefanick

Stevenson

St. Onge

Sutherland

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 062

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bringer

Brooks

Brown 50

Burnett

Casey

Chappelle-Nadal

Corcoran

Curls

Darrough

Daus

Donnelly

Dougherty

El-Amin

Fraser

George

Harris 23

Harris 110

Haywood

Henke

Hoskins

Hubbard

Hughes

Johnson 61

Johnson 90

Jolly

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

Meadows

Meiners

Oxford

Page

Robinson

Roorda

Rucker

Salva

Schoemehl

Selby

Shoemyer

Skaggs

Spreng

Storch

Swinger

Villa

Vogt

Wagner

Walsh

Walton

Whorton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 003

 

 

 

 

 

 

Bowman

Boykins

Schaaf

 

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Nance, HCS SCS SB 233, as amended, was adopted.




            On motion of Representative Nance, HCS SCS SB 233, as amended, was read the third time and passed by the following vote:


AYES: 128

 

 

 

 

 

 

 

 

 

Aull

Baker 123

Bean

Bearden

Behnen

Bivins

Black

Bland

Bringer

Brown 30

Brown 50

Bruns

Byrd

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Curls

Darrough

Daus

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Emery

Faith

Fares

Fisher

Flook

Fraser

George

Goodman

Guest

Harris 23

Harris 110

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kuessner

Lager

Lampe

Lembke

Liese

Loehner

Low 39

Lowe 44

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Myers

Nance

Nolte

Oxford

Page

Parson

Pearce

Pollock

Portwood

Quinn

Rector

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Salva

Schaaf

Schlottach

Schneider

Schoemehl

Self

Shoemyer

Silvey

Skaggs

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

NOES: 027

 

 

 

 

 

 

 

 

 

Avery

Burnett

Chinn

Cunningham 86

Davis

Dusenberg

Ervin

Franz

Kraus

LeVota

Lipke

Muschany

Nieves

Parker

Phillips

Pratt

Roark

Rupp

Sander

Sater

Schad

Selby

Smith 14

Smith 118

Spreng

Wilson 119

Yates

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Brooks

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

 

Baker 25

Bowman

Boykins

Casey

El-Amin

Wildberger

 

 

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            HCS SCS SBs 221, 250 & 256, relating to operation of motor vehicles, was taken up by Representative St. Onge.


            Representative St. Onge offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 221, 250 & 256, Page 12, Section 302.302, Line 45, by inserting after all of said line the following:


              "(16) Endangerment of a highway worker in violation of section 304.585. . . . . . . . . . . . . . . . . . 8 points

              (17) Aggravated endangerment of a highway worker in violation of section 304.585 . . .12 points"; and


              Further amend said bill, Page 19, Section 304.016, Line 37, by inserting after the word "roadway" the following:

              ", except that the provisions of this subdivision shall not apply when:

              (a) Executing a lawful turn; or

              (b) Overtaking a vehicle, as defined in section 307.020, RSMo, that is traveling at a speed of less than twenty-five miles per hour, or when avoiding debris in the roadway, so long as such action does not create a hazard, as specified in subdivision (1) of subsection 4 of this section"; and


              Further amend said bill, Pages 29 to 30, Section 304.582, Lines 1 to 41, by striking said section and inserting in lieu thereof the following:


              "304.582. 1. Upon the first conviction or plea of guilty by any person for a moving violation as defined in section 302.010, RSMo, or any offense listed in section 302.302, RSMo, the court shall assess a fine of thirty-five dollars in addition to any other fine authorized to be imposed by law, if the offense occurred within a construction zone or a work zone. A second or subsequent violation of this subsection shall result in the court assessing a fine of seventy-five dollars in addition to any other fine authorized to be imposed by law.

              2. Upon the first conviction or plea of guilty by any person for a speeding violation pursuant to either section 304.009 or 304.010, or a passing violation pursuant to subsection 4 of this section, the court shall assess a fine of two hundred fifty dollars in addition to any other fine authorized by law if the offense occurred within a construction zone or a work zone and at the time the speeding or passing violation occurred there was any highway worker in such zone. A second or subsequent violation of this subsection shall result in the court assessing a fine of three hundred dollars in addition to any other fine authorized by law. However, no person assessed an additional fine pursuant to this subsection shall also be assessed an additional fine pursuant to subsection 1 of this section, and no person shall be assessed an additional fine pursuant to this subsection if no signs have been posted pursuant to subsection 3 of this section.

              3. The penalty authorized by subsection 2 of this section shall only be assessed by the court if the department of transportation or contractor or subcontractor performing work for the department of transportation has erected signs upon or around a construction or work zone which are clearly visible from the highway and which state substantially the following message: "Warning: minimum $250 fine for speeding or passing in this work zone when workers present".

              4. The driver of a motor vehicle may not overtake or pass another motor vehicle within a work zone or construction zone as provided in this subsection. Violation of this subsection is a class C misdemeanor.

              (1) This subdivision applies to a construction zone or work zone located upon a highway divided into two or more marked lanes for traffic moving in the same direction and for which motor vehicles are instructed to merge from one lane into another lane and not pass by appropriate signs or traffic control devices erected by the department of transportation or a contractor or subcontractor performing work for the department of transportation.

              (2) This subdivision also prohibits the operator of a motor vehicle from passing or attempting to pass another motor vehicle in a work zone or construction zone located upon a two-lane highway when highway workers or equipment are working and when appropriate signs or traffic control devices have been erected by the department of transportation or a contractor or subcontractor performing work for the department of transportation.

              5. The additional fines imposed by subsection 4 of this section shall not be construed to enhance the assessment of court costs or the assessment of points pursuant to section 302.302, RSMo."; and


              Further amend said bill, Pages 30 and 31, Section 304.585, Lines 1 to 34, by striking said section and inserting in lieu thereof the following:


              "304.585. 1. A person shall be deemed to commit the offense of "endangerment of a highway worker" upon conviction for any of the following when the offense occurs within a "construction zone" or "work zone", as defined in section 304.580:

              (1) Exceeding the posted speed limit by twenty-five miles per hour or more;

              (2) Passing in violation of subsection 4 of section 304.582, resulting in injury or death to a highway worker;

              (3) Failure to stop for a work zone flagman or failure to obey traffic control devices erected in the construction zone or work zone for purposes of controlling the flow of motor vehicles through the zone;

              (4) Physically assaulting, or attempting to assault, or threatening to assault a highway worker in a construction zone or work zone, with a motor vehicle or other instrument;

              (5) Intentionally striking, moving, or altering barrels, barriers, signs, or other devices erected to control the flow of traffic to protect workers and motorists in the work zone for a reason other than avoidance of an obstacle, an emergency, or to protect the health and safety of an occupant of the motor vehicle or of another person; or

              (6) Committing any of the following offenses for which points may be assessed under section 302.302, RSMo:

              (a) Leaving the scene of an accident in violation of section 577.060, RSMo;

              (b) Careless and imprudent driving in violation of subsection 4 of section 304.016;

              (c) Operating without a valid license in violation of subdivision (1) or (2) of subsection 1 of section 302.020, RSMo,

               (d) Operating with a suspended or revoked license;

              (e) Obtaining a license by misrepresentation;

              (f) Driving while in an intoxicated condition or under the influence of controlled substances or drugs or driving with an excessive blood alcohol content;

              (g) Any felony involving the use of a motor vehicle; or

              (h) Knowingly permitting an unlicensed operator to operate a motor vehicle.

              2. Upon conviction or a plea of guilty for committing the offense of "endangerment of a highway worker" pursuant to subsection 1 of this section if no injury or death to a highway worker resulted from the offense, in addition to any other penalty authorized by law, the person shall, upon conviction or plea of guilty, be guilty of a class A misdemeanor and shall have their driver's license suspended under section 302.304, RSMo.

              3. A person shall be deemed to commit the offense of "aggravated endangerment of a highway worker" upon conviction or a plea of guilty for any offense pursuant to subsection 1 of this section which results in the injury or death of a highway worker. Any person who is convicted of the offense of aggravated endangerment of a highway worker in which a highway worker is injured shall, upon conviction or plea of guilty, shall be guilty of a class D felony, and shall have his or her driver's license revoked under section 302.304, RSMo. Any person who is convicted of the offense of aggravated endangerment of a highway worker in which the death of a highway worker occurs shall, upon conviction or plea of guilty, be guilty of a class C felony and have his or her driver's license revoked under section 302.304.

              4. Except for the offense established under subdivision (6) of subsection 1 of this section, no person shall be deemed to commit the offense of endangerment of a highway worker except when the act or omission constituting the offense occurred when one or more highway workers were in the construction zone or work zone.

              5. No person shall be cited or convicted for endangerment of a highway worker or aggravated endangerment of a highway worker, for any act or omission otherwise constituting an offense under subsection 1 of this section, if such act or omission resulted in whole or in part from mechanical failure of the person's vehicle or from the negligence of another person or a highway worker."; and


              Further amend said bill, Pages 31 to 32, Section 304.590, by striking said section from the bill; and


              Further amend said bill, Page 32, Section 307.178, Line 12, by striking the word "four" and inserting in lieu thereof the following:


              "sixteen"; and


              Further amend Line 13, by striking "210.104, RSMo"; and inserting in lieu thereof the following:


              "307.179"; and


              Further amend said bill, Page 33, Section 307.178, Line 48, by striking said line and inserting in lieu thereof the following:


              "vehicle, then the [driver and] passengers [are not in violation of this section] who are unable to wear seat belts, shall sit in the area behind the front seat of the motor vehicle unless the motor vehicle is designed only for a front-seated area. This subsection shall not apply to passengers who are accompanying a driver of a motor vehicle who is licensed pursuant to section 302.178, RSMo."; and


              Further amend said bill, Pages 33 to 35, Section 307.179, Lines 1 to 41, by striking said section and inserting in lieu thereof the following:


              "307.179. 1. As used in this section, the following terms shall mean:

              (1) "Child booster seat", a seating system which meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213, as amended, that is designed to elevate a child to properly sit in a federally approved safety belt system;

              (2) "Child passenger restraint system", a seating system which meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213, as amended, and which is either permanently affixed to a motor vehicle or is affixed to such vehicle by a safety belt or a universal attachment system.

              2. Every person transporting a child under the age of sixteen years shall be responsible, when transporting such child in a motor vehicle operated by that person on the streets or highways of this state, for providing for the protection of such child as follows:

              (1) Children less than four years of age shall be properly secured in a child passenger restraint system appropriate for that child, according to the child passenger restraint system and the vehicle manufacturer's instructions;

              (2) Children four through five years of age shall be properly secured in a child passenger restraint system or a child booster seat appropriate for that child, according to the child passenger restraint system and the vehicle manufacturer's instructions;

              (3) Children six years of age or older shall be secured by a vehicle safety belt, child passenger restraint system, or booster seat appropriate for that child, according to the child passenger restraint system and the vehicle manufacturer's instructions;

              (4) A child, who would otherwise be required to be secured in a booster seat, may be transported in the back seat of a motor vehicle while wearing only a lap belt if the back seat of the motor vehicle is not equipped with a combination lap and shoulder belt for booster seat installation.

              3. Any person who violates this section is guilty of an infraction and, upon conviction, may be punished by a fine of not more than twenty-five dollars. No court costs shall be charged for a violation of this section. In no case shall points be assessed against any person, pursuant to section 302.302, RSMo, for violation of this section. If a person receives a citation for violating this section, the charges shall be dismissed or withdrawn if the person prior to or at his or her hearing provides evidence of acquisition of a child passenger restraint system or child booster seat which is satisfactory to the court or the party responsible for prosecuting the person's citation.

              4. The provisions of this section shall not apply to any public carrier for hire. The provisions of this section shall not apply to students four years of age or older who are passengers on a school bus as defined in section 301.010, RSMo.

              5. In no event shall failure to employ a child passenger restraint system required by this section provide the basis for a claim of civil liability or negligence or contributory negligence of any person in any action for damages by reason of injury sustained by a child. Nor shall such failure to employ such child passenger restraint system be admissible as evidence in the trial of any civil action.

              6. The state highways and transportation commission shall initiate and develop a program of public information to develop understanding of, and ensure compliance with the provisions of this section. The commission may promulgate rules and regulations for the enforcement 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. 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 August 28, 2005, shall be invalid and void.


              476.385. 1. The judges of the supreme court may appoint a committee consisting of at least seven associate circuit judges, who shall meet en banc and establish and maintain a schedule of fines to be paid for violations of sections [210.104,] 577.070[,] and 577.073, RSMo, and chapters 252, 301, 302, 304, 306, 307 and 390, RSMo, with such fines increasing in proportion to the severity of the violation. The associate circuit judges of each county may meet en banc and adopt the schedule of fines and participation in the centralized bureau pursuant to this section. Notice of such adoption and participation shall be given in the manner provided by supreme court rule. Upon order of the supreme court, the associate circuit judges of each county may meet en banc and establish and maintain a schedule of fines to be paid for violations of municipal ordinances for cities, towns and villages electing to have violations of its municipal ordinances heard by associate circuit judges, pursuant to section 479.040, RSMo; and for traffic court divisions established pursuant to section 479.500, RSMo. The schedule of fines adopted for violations of municipal ordinances may be modified from time to time as the associate circuit judges of each county en banc deem advisable. No fine established pursuant to this subsection may exceed the maximum amount specified by statute or ordinance for such violation.

              2. In no event shall any schedule of fines adopted pursuant to this section include offenses involving the following:

              (1) Any violation resulting in personal injury or property damage to another person;

              (2) Operating a motor vehicle while intoxicated or under the influence of intoxicants or drugs;

              (3) Operating a vehicle with a counterfeited, altered, suspended or revoked license;

              (4) Fleeing or attempting to elude an officer.

              3. There shall be a centralized bureau to be established by supreme court rule in order to accept pleas of not guilty or guilty and payments of fines and court costs for violations of the laws and ordinances described in subsection 1 of this section, made pursuant to a schedule of fines established pursuant to this section. The centralized bureau shall collect, with any plea of guilty and payment of a fine, all court costs which would have been collected by the court of the jurisdiction from which the violation originated.

              4. If a person elects not to contest the alleged violation, the person shall send payment in the amount of the fine and any court costs established for the violation to the centralized bureau. Such payment shall be payable to the "central violations bureau", shall be made by mail or in any other manner established by the centralized bureau, and shall constitute a plea of guilty, waiver of trial and a conviction for purposes of section 302.302, RSMo, and for purposes of imposing any collateral consequence of a criminal conviction provided by law. Notwithstanding any provision of law to the contrary, the prosecutor shall not be required to sign any information, ticket or indictment if disposition is made pursuant to this subsection. In the event that any payment is made pursuant to this section by credit card or similar method, the centralized bureau may charge an additional fee in order to reflect any transaction cost, surcharge or fee imposed on the recipient of the credit card payment by the credit card company.

              5. If a person elects to plead not guilty, such person shall send the plea of not guilty to the centralized bureau. The bureau shall send such plea and request for trial to the prosecutor having original jurisdiction over the offense. Any trial shall be conducted at the location designated by the court. The clerk of the court in which the case is to be heard shall notify in writing such person of the date certain for the disposition of such charges. The prosecutor shall not be required to sign any information, ticket or indictment until the commencement of any proceeding by the prosecutor with respect to the notice of violation.

              6. In courts adopting a schedule of fines pursuant to this section, any person receiving a notice of violation pursuant to this section shall also receive written notification of the following:

              (1) The fine and court costs established pursuant to this section for the violation or information regarding how the person may obtain the amount of the fine and court costs for the violation;

              (2) That the person must respond to the notice of violation by paying the prescribed fine and court costs, or pleading not guilty and appearing at trial, and that other legal penalties prescribed by law may attach for failure to appear and dispose of the violation. The supreme court may modify the suggested forms for uniform complaint and summons for use in courts adopting the procedures provided by this section, in order to accommodate such required written notifications.

              7. Any moneys received in payment of fines and court costs pursuant to this section shall not be considered to be state funds, but shall be held in trust by the centralized bureau for benefit of those persons or entities entitled to receive such funds pursuant to this subsection. All amounts paid to the centralized bureau shall be maintained by the centralized bureau, invested in the manner required of the state treasurer for state funds by sections 30.240, 30.250, 30.260 and 30.270, RSMo, and disbursed as provided by the constitution and laws of this state. Any interest earned on such fund shall be payable to the director of the department of revenue for deposit into a revolving fund to be established pursuant to this subsection. The state treasurer shall be the custodian of the revolving fund, and shall make disbursements, as allowed by lawful appropriations, only to the judicial branch of state government for goods and services related to the administration of the judicial system.

              8. Any person who receives a notice of violation subject to this section who fails to dispose of such violation as provided by this section shall be guilty of failure to appear provided by section 544.665, RSMo; and may be subject to suspension of driving privileges in the manner provided by section 302.341, RSMo. The centralized bureau shall notify the appropriate prosecutor of any person who fails to either pay the prescribed fine and court costs, or plead not guilty and request a trial within the time allotted by this section, for purposes of application of section 544.665, RSMo. The centralized bureau shall also notify the department of revenue of any failure to appear subject to section 302.341, RSMo, and the department shall thereupon suspend the license of the driver in the manner provided by section 302.341, RSMo, as if notified by the court.

              9. In addition to the remedies provided by subsection 8 of this section, the centralized bureau and the courts may use the remedies provided by sections 488.010 to 488.020, RSMo, for the collection of court costs payable to courts, in order to collect fines and court costs for violations subject to this section."; and


              Further amend said bill, Page 40, Section 210.104, Line 10, by inserting after all of said line the following:

 

"[210.106. In no event shall failure to employ a child passenger restraint system required by section 210.104 provide the basis for a claim of civil liability or negligence or contributory negligence of any person in any action for damages by reason of injury sustained by a child; nor shall such failure to employ such child passenger restraint system be admissible as evidence in the trial of any civil action.]"; and

 

              Further amend the title and enacting clause accordingly.


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


            Representative St. Onge offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 221, 250 & 256, Section 43.250, Page 2, Line 3, by deleting the words “two” and inserting in lieu thereof the words “one”; and


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


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


            Representative Schlottach offered House Amendment No. 3.


House Amendment No. 3


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 221, 250 & 256, Section 304.155, Page 24, Line 162, by inserting immediately after said line the following:


              "304.184. Notwithstanding any other provision of law to the contrary, any truck, tractor-trailer or other combination engaged in transporting solid waste, as defined by section 260.200, between any city and a solid waste disposal area or solid waste processing facility approved by the department of natural resources or department of health and senior servies, may operate with a weight not to exceed twenty-two thousand four hundred pounds on one axle or a weight not to exceed forty-four thousand eight hundred pounds on any tandem axle; but nothing in this section shall be construed to permit the operation of any motor vehicle on the interstate highway system in excess of the weight limits imposed by federal statute; and no such truck, tractor-trailer or other combination shall exceed the width and length limitations provided by section 304.190, RSMo."; and


              Further amend said bill, Section 210.107, Page 40, Line 10, by inserting immediately after said line the following:

 

"[260.218. Notwithstanding any other provision of law to the contrary, any truck, tractor-trailer or other combination engaged in transporting solid waste, as defined by section 260.200, between any city and a solid waste disposal area or solid waste processing facility approved by the department of natural resources or department of health and senior servies, may operate with a weight not to exceed twenty-two thousand four hundred pounds on one axle or a weight not to exceed forty-four thousand eight hundred pounds on any tandem axle; but nothing in this section shall be construed to permit the operation of any motor vehicle on the interstate highway system in excess of the weight limits imposed by federal statute; and no such truck, tractor-trailer or other combination shall exceed the width and length limitations provided by section 304.190, RSMo.]”; and


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


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


            Representative Denison offered House Amendment No. 4.


            Representative St. Onge raised a point of order that House Amendment No. 4 goes beyond the scope of the bill.


            The Chair ruled the point of order well taken.


            Representative Hughes offered House Amendment No. 5.


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


            The Chair ruled the point of order well taken.


            Representative Shoemyer offered House Amendment No. 6.


House Amendment No. 6


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 221, 250 & 256, Page 32, Section 307.178, Line 14, by deleting all of said line and inserting in lieu thereof the following:


              "compliance with this subsection unless the law enforcement officer has a reasonable belief that the driver or occupants of a vehicle are less than eighteen years of age; however, nothing shall prohibit a law enforcement officer"; and


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


            Representative Selby offered House Amendment No. 1 to House Amendment No. 6.


            Representative St. Onge raised a point of order that House Amendment No. 1 to House Amendment No. 6 goes beyond the scope of the bill.

            The Chair ruled the point of order well taken.


            Representative Rector offered House Substitute Amendment No. 1 for House Amendment No. 6.


House Substitute Amendment No. 1

for

House Amendment No. 6


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 221, 250 & 256, Page 32, Section 307.178, Lines 14-16, by deleting all of said lines and inserting in lieu thereof the following:


              “compliance with this subsection. The provisions of this section shall not be applicable to persons”; and


              Further amend said bill, Section 307.178, Page 33, Lines 20-21, by deleting the following phrase on said lines, “or for a search of the driver, passenger, or vehicle"; and


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


            Representative Dempsey moved the previous question.


            Which motion was adopted by the following vote:


AYES: 096

 

 

 

 

 

 

 

 

 

Avery

Bean

Bearden

Behnen

Bivins

Black

Brown 30

Bruns

Byrd

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Goodman

Guest

Hobbs

Hunter

Icet

Jackson

Johnson 47

Jones

Kingery

Kraus

Lager

Lembke

Lipke

Loehner

Marsh

May

McGhee

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Ruestman

Rupp

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Self

Silvey

Smith 14

Smith 118

Stefanick

Stevenson

St. Onge

Sutherland

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 061

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bowman

Bringer

Brooks

Brown 50

Burnett

Casey

Chappelle-Nadal

Corcoran

Curls

Daus

Donnelly

El-Amin

Fraser

George

Harris 23

Harris 110

Haywood

Henke

Hoskins

Hubbard

Hughes

Johnson 61

Johnson 90

Jolly

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

Meadows

Meiners

Oxford

Page

Robinson

Roorda

Rucker

Salva

Schoemehl

Selby

Shoemyer

Skaggs

Spreng

Storch

Swinger

Villa

Vogt

Wagner

Walsh

Walton

Whorton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Dougherty

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 004

 

 

 

 

 

 

Baker 123

Boykins

Darrough

Kelly

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Rector, House Substitute Amendment No. 1 for House Amendment No. 6 was adopted by the following vote:


AYES: 091

 

 

 

 

 

 

 

 

 

Baker 123

Bean

Behnen

Black

Brooks

Brown 30

Brown 50

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 158

Cunningham 145

Curls

Davis

Day

Deeken

Dethrow

Dixon

Donnelly

Dusenberg

El-Amin

Emery

Ervin

Fisher

Franz

George

Guest

Harris 110

Haywood

Henke

Hobbs

Hughes

Hunter

Icet

Jones

Kraus

Kuessner

Lager

Lampe

Lembke

Liese

Loehner

Low 39

Marsh

McGhee

Munzlinger

Muschany

Myers

Nance

Nieves

Parson

Phillips

Pollock

Portwood

Quinn

Rector

Richard

Roark

Robb

Robinson

Rucker

Ruestman

Salva

Sander

Sater

Schad

Self

Shoemyer

Skaggs

Smith 118

Sutherland

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Wasson

Wells

Whorton

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yates

Young

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 069

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Bearden

Bivins

Bland

Bowman

Bringer

Bruns

Burnett

Byrd

Cooper 155

Corcoran

Cunningham 86

Darrough

Daus

Dempsey

Denison

Dougherty

Faith

Fares

Flook

Fraser

Goodman

Harris 23

Hoskins

Hubbard

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Kingery

Kratky

LeVota

Lipke

Lowe 44

May

Meadows

Meiners

Moore

Nolte

Oxford

Page

Parker

Pearce

Pratt

Roorda

Rupp

Schaaf

Schlottach

Schneider

Schoemehl

Selby

Silvey

Smith 14

Spreng

Stefanick

Stevenson

St. Onge

Storch

Swinger

Threlkeld

Walsh

Walton

Weter

Wildberger

Yaeger

Zweifel

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 002

 

 

 

 

 

 

Boykins

Kelly

 

 

 

 

 

 

 

 

VACANCIES: 001


            Representative Dempsey moved the previous question.


            Which motion was adopted by the following vote:


AYES: 098

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bean

Bearden

Behnen

Bivins

Black

Brown 30

Bruns

Byrd

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Goodman

Guest

Hobbs

Hunter

Icet

Jackson

Johnson 47

Jones

Kelly

Kingery

Kraus

Lager

Lembke

Lipke

Loehner

Marsh

May

McGhee

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Ruestman

Rupp

Sander

Sater

Schad

Schlottach

Schneider

Self

Silvey

Smith 14

Smith 118

Stefanick

Stevenson

St. Onge

Sutherland

Threlkeld

Tilley

Viebrock

Wagner

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

NOES: 061

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bowman

Bringer

Brooks

Brown 50

Burnett

Casey

Chappelle-Nadal

Corcoran

Curls

Darrough

Daus

Donnelly

El-Amin

Fraser

George

Harris 23

Harris 110

Haywood

Henke

Hoskins

Hubbard

Hughes

Johnson 61

Johnson 90

Jolly

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

Meadows

Meiners

Oxford

Page

Robinson

Roorda

Rucker

Salva

Schoemehl

Selby

Shoemyer

Skaggs

Spreng

Storch

Swinger

Villa

Vogt

Walsh

Walton

Whorton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Dougherty

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 002

 

 

 

 

 

 

Boykins

Schaaf

 

 

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative St. Onge, HCS SCS SBs 221, 250 & 256, as amended, was adopted.


            On motion of Representative St. Onge, HCS SCS SBs 221, 250 & 256, as amended, was read the third time and passed by the following vote:


AYES: 121

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Bean

Bearden

Behnen

Black

Bland

Bowman

Bringer

Brown 30

Brown 50

Bruns

Burnett

Byrd

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Curls

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Dusenberg

Emery

Ervin

Faith

Fisher

Flook

Franz

Guest

Harris 110

Haywood

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 90

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

Liese

Loehner

Marsh

May

McGhee

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Ruestman

Rupp

Salva

Sander

Sater

Schad

Schlottach

Selby

Self

Shoemyer

Silvey

Skaggs

Smith 14

Stefanick

Stevenson

St. Onge

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Wagner

Wallace

Wasson

Wells

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yates

Young

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 032

 

 

 

 

 

 

 

 

 

Baker 25

Bivins

Brooks

Chappelle-Nadal

Corcoran

Darrough

Daus

Donnelly

El-Amin

Fares

Fraser

Goodman

Harris 23

Henke

Jolly

LeVota

Lipke

Low 39

Meiners

Oxford

Page

Schaaf

Schneider

Schoemehl

Smith 118

Spreng

Storch

Vogt

Walton

Weter

Yaeger

Zweifel

 

 

 

 

 

 

 

 

PRESENT: 008

 

 

 

 

 

 

 

 

 

Cunningham 86

George

Johnson 61

Lowe 44

Meadows

Roorda

Rucker

Walsh

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 001

 

 

 

 

 

 

Boykins

 

 

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            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.


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


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 3130 - Representative Bearden

            House Resolution No. 3131

                        and

            House Resolution No. 3132 - Representative May

            House Resolution No. 3133 - Representative Moore, et al.

            House Resolution No. 3134 - Representative Yaeger, et al.

            House Resolution No. 3135 - Representative Smith (14)

            House Resolution No. 3136

                        and

            House Resolution No. 3137 - Representative Cooper (155)

            House Resolution No. 3138 - Representative Jetton

            House Resolution No. 3139 - Representative Pearce

            House Resolution No. 3140 - Representative Harris (110)

            House Resolution No. 3141

                        through

            House Resolution No. 3144 - Representative Storch

            House Resolution No. 3145

                        through

            House Resolution No. 3148 - Representative Jetton

            House Resolution No. 3149 - Representative Jolly, et al.

            House Resolution No. 3150 - Representative Lager

 



THIRD READING OF SENATE BILLS


            HCS SS SCS SB 287, relating to education funding, was taken up by Representative Baker (123).


            HCS SS SCS SB 287 was laid over.


            HCS SS SCS SBs 74 & 49, relating to the Department of 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 for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 74 & 49, Section B, Page 11, Lines 7 and 8, by striking the phrase “July 1, 2005" on said line and inserting in lieu thereof the phrase “June 29, 2005"; 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 for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 74 & 49, Section 193.145, Page 11, Line 56, by inserting after all of said line the following:


              “195.060. 1. Except as provided in subsection 3 of this section, a pharmacist, in good faith, may sell and dispense controlled substances to any person only upon a prescription of a practitioner as authorized by statute, provided that the controlled substances listed in Schedule V may be sold without prescription in accordance with regulations of the department of health and senior services. All written prescriptions shall be signed by the person prescribing the same. All prescriptions shall be dated on the day when issued and bearing the full name and address of the patient for whom, or of the owner of the animal for which, the drug is prescribed, and the full name, address, and the registry number under the federal controlled substances laws of the person prescribing, if he is required by those laws to be so registered. If the prescription is for an animal, it shall state the species of the animal for which the drug is prescribed. The person filling the prescription shall either write the date of filling and his own signature on the prescription or retain the date of filling and the identity of the dispenser as electronic prescription information. The prescription or electronic prescription information shall be retained on file by the proprietor of the pharmacy in which it is filled for a period of two years, so as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this law. No prescription for a drug in Schedule I or II shall be filled more than six months after the date prescribed; no prescription for a drug in schedule I or II shall be refilled; no prescription for a drug in Schedule III or IV shall be filled or refilled more than six months after the date of the original prescription or be refilled more than five times unless renewed by the practitioner.

              2. The legal owner of any stock of controlled substances in a pharmacy, upon discontinuance of dealing in such drugs, may sell the stock to a manufacturer, wholesaler, or pharmacist, but only on an official written order.

              3. A pharmacist, in good faith, may sell and dispense, any Schedule II drug or drugs to any person, in emergency situations as defined by rule of the department of health and senior services upon an oral prescription by an authorized practitioner.

              4. It shall be unlawful for controlled substances to be promoted or advertised for use or sale, provided that this subsection shall not prohibit such activity by a manufacturer, wholesaler, or their agents directed to a physician, pharmacist or other practitioner.

              5. Except where a bona fide physician-patient-pharmacist relationship exists, prescriptions for narcotics or hallucinogenic drugs shall not be delivered to or for an ultimate user or agent by mail or other common carrier.


              195.080. 1. Except as otherwise in sections 195.005 to 195.425 specifically provided, sections 195.005 to 195.425 shall not apply to the following cases: Prescribing, administering, dispensing or selling at retail of liniments, ointments, and other preparations that are susceptible of external use only and that contain controlled substances in such combinations of drugs as to prevent the drugs from being readily extracted from such liniments, ointments, or preparations, except that sections 195.005 to 195.425 shall apply to all liniments, ointments, and other preparations that contain coca leaves in any quantity or combination.

              2. The quantity of Schedule II controlled substances prescribed or dispensed at any one time shall be limited to a thirty-day supply. The quantity of Schedule III, IV or V controlled substances prescribed or dispensed at any one time shall be limited to a ninety-day supply and shall be prescribed and dispensed in compliance with the general provisions of sections 195.005 to 195.425. The supply limitations provided in this subsection may be increased up to three months if the physician describes on the prescription form or indicates via telephone, fax, or electronic communication to the pharmacy to be entered on or attached to the prescription form the medical reason for requiring the larger supply.

              3. The partial filling of a prescription for a Schedule II substance is permissible as defined by regulation by the department of health and senior services.”; and


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


            Speaker Jetton resumed the Chair.


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


            Representative Portwood offered House Amendment No. 3.


House Amendment No. 3


AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 74 & 49, Section 192.326, Page 3, Line 11, by inserting immediately after said line the following:


              "192.375. 1. There is hereby established within the department of health and senior services the "Missouri Senior Advocacy and Efficiency Commission". The commission shall consist of the following fifteen members, or their designees, who are residents of this state:

              (1) The director of the department of health and senior services;

              (2) Two members of the Missouri senate, appointed by the president pro tem of the senate;

              (3) Two members of the Missouri house of representatives, appointed by the speaker of the house;

              (4) A pharmacist licensed in the state of Missouri, recommended by the Missouri board of pharmacy and appointed by the governor;

              (5) A representative of the Pharmaceutical Research and Manufacturers of America, appointed by the governor;

              (6) One members of the Missouri silver-haired legislature, appointed by the governor;

              (7) One members of the Missouri senior Rx commission, appointed by the governor;

              (8) One representative from the assisted living community who currently serve on the personal independence commission, appointed by the governor;

              (9) One representative of the Missouri Area Agency on Aging, appointed by the governor;

              (10) One member of the special health, psychological, and social needs of minority older individuals commission;

              (11) One member of the governor's advisory council on aging, appointed by the governor;

              (12) The lieutenant governor, who shall serve as chair of the commission; and

              (13) One member from the Missouri council for in-home services, appointed by the governor.


In making the initial appointment to the committee, the governor, president pro tem, and speaker shall stagger the terms of the appointees so that five members serve an initial terms of one year, five members serve initial terms of two years and five members serve initial terms of three years. All members appointed thereafter shall serve three year terms. All members shall be eligible for reappointment.


Members of the commission shall be appointed by October 1, 2005. Members shall continue to serve until their successor is appointed and qualified. Any vacancy on the commission shall be filled in the same manner as the original appointment. The commission shall be dissolved on December 31, 2008.

              2. Service on the commission shall be voluntary. Subject to appropriations, members of the commission shall receive with reasonable reimbursement for expenses actually incurred in the performance of the member's official duties for members who are not employees of the state of Missouri.

              3. Subject to appropriations, the department of health and senior services shall provide administrative support and resources as is necessary for the effective operation of the commission.

              4. Meetings shall be held at least every ninety days or at the call of the commission chair.

              5. The senior advocacy and efficiency commission shall:

              (1) Hold public hearings in accordance with chapter 536, RSMo, to gather information from any state agency, commission, or public entity on issues pertaining to the quality and efficiency of all senior services offered by the state of Missouri;

              (2) Analyze state statutes, commissions, and administrative rules regarding services offered by the state of Missouri for senior citizens and designate which programs provide effective and efficient support to seniors and the programs that lack quality;

              (3) Establish a mechanism to educate the staff of the member's of the Missouri general assembly to assist seniors, including but not limited to assisting seniors in applying for any and all prescription drug assistance offered under the federal Medicare Prescription Drug Modernization Act of 2003;

              (4) Develop a plan that delays the need for the provisions of long-term care outside the residence of senior citizens and allows seniors to remain at home for as long as possible;

              (5) Maintain a web site with detailed information regarding all programs and services offered by the state of Missouri which are available to seniors;

              (6) Maintain a toll-free senior advocacy support telephone number which directs seniors to all services offered by the state of Missouri which are available to seniors;

              (7) Submit an annual report on the activities of the commission to the director of the department of health and senior services, the members of the Missouri general assembly, and the governor by February 1, 2007, and every February first thereafter. Such report shall include, but not be limited to, the following:

              (a) Efficiencies that can be realized by consolidation of senior services offered by Missouri;

              (b) Effectiveness of all senior services, programs, and commissions offered by the state of Missouri;

              (c) Information regarding the impact and effectiveness of prior recommendations, if any, that have been implemented; and

              (d) Measurable data to identify the cost effectiveness of the services, programs, and commissions evaluated.

              6. Unless reauthorized, the provisions of this section shall sunset on December 31, 2008.”; and


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


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


AYES: 112

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bean

Bearden

Bivins

Black

Bland

Bowman

Bringer

Brown 30

Brown 50

Bruns

Burnett

Byrd

Casey

Chappelle-Nadal

Cooper 158

Corcoran

Curls

Day

Deeken

Dempsey

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Faith

Fares

George

Goodman

Guest

Harris 23

Harris 110

Haywood

Henke

Hoskins

Hubbard

Hughes

Icet

Johnson 61

Johnson 90

Jolly

Jones

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McGhee

Meadows

Meiners

Moore

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Portwood

Pratt

Quinn

Rector

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Salva

Sater

Schad

Schoemehl

Selby

Self

Silvey

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Wagner

Wallace

Walsh

Walton

Wasson

Wilson 130

Witte

Wright 137

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 042

 

 

 

 

 

 

 

 

 

Behnen

Chinn

Cooper 120

Cooper 155

Cunningham 145

Cunningham 86

Daus

Davis

Denison

Dethrow

Emery

Ervin

Fisher

Flook

Franz

Fraser

Hobbs

Hunter

Jackson

Johnson 47

Kelly

Marsh

Munzlinger

Pearce

Phillips

Pollock

Roark

Rupp

Sander

Schaaf

Schlottach

Shoemyer

Skaggs

Smith 14

Smith 118

Villa

Wells

Weter

Whorton

Wilson 119

Wood

Wright 159

 

 

 

 

 

 

 

 

PRESENT: 002

 

 

 

 

 

 

 

 

 

Brooks

Wright-Jones

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

 

Boykins

Darrough

Schneider

Viebrock

Vogt

Wildberger

 

 

 

 

 

 

 

 

 

VACANCIES: 001


            Representative Stefanick offered House Amendment No. 4.


House Amendment No. 4


AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 74 & 49, Section 701.049, Page 11, Line 11, by inserting after all of said line the following:


              Section 1. 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 660.661 through 660.687, RSMo, 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 660.661 through 660.687, RSMo, except for section 660.664.1(5);

              (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 660.661, RSMo. 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:

              (a) Current wage stubs for the applicant or consumer and the applicant’s or consumer’s spouse;

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

              (c) Statements from the applicant’s or consumer’s and the applicant’s or consumer’s spouse’s employers;

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

              (e) Bank statements; and

              (f) 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 660.667, RSMo 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 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 non payment 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 re-enrolled unless such person pays any past due premiums as well as current premiums prior to being re-enrolled. 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 re-verification 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 660.684, RSMo. 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, RSMo.

              10. Unless otherwise provided in this section, all other provisions of sections 660.661 through 660.687, RSMo 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 regulation, 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, 2006.”; and


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


            Representative Stevenson offered House Amendment No. 1 to House Amendment No. 4.


House Amendment No. 1

to

House Amendment No. 4


AMEND House Amendment No. 4 to House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 74 & 49, Section 1, Page 3, Line 7, by inserting before the word “income” on said line the following:


              adjusted gross”; and


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


            On motion of Representative Stevenson, House Amendment No. 1 to House Amendment No. 4 was adopted.


            On motion of Representative Stefanick, House Amendment No. 4, as amended, was adopted.


            Representative Jolly offered House Amendment No. 5.


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


            The Chair ruled the point of order well taken.


            Representative Dempsey moved the previous question.


            Which motion was adopted by the following vote:


AYES: 095

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bean

Bearden

Behnen

Bivins

Black

Brown 30

Bruns

Byrd

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Goodman

Guest

Hobbs

Hunter

Icet

Jackson

Jones

Kelly

Kingery

Kraus

Lager

Lembke

Lipke

Loehner

Marsh

May

McGhee

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parker

Parson

Pearce

Phillips

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Ruestman

Rupp

Sander

Sater

Schaaf

Schad

Schlottach

Self

Silvey

Smith 14

Smith 118

Stefanick

Stevenson

St. Onge

Sutherland

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

NOES: 059

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bowman

Bringer

Brooks

Brown 50

Burnett

Casey

Chappelle-Nadal

Corcoran

Curls

Darrough

Daus

Donnelly

El-Amin

Fraser

George

Harris 23

Harris 110

Haywood

Henke

Hoskins

Hubbard

Hughes

Johnson 61

Johnson 90

Jolly

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

Meadows

Meiners

Oxford

Page

Robinson

Roorda

Rucker

Salva

Selby

Shoemyer

Skaggs

Spreng

Storch

Swinger

Villa

Wagner

Walsh

Walton

Whorton

Witte

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Dougherty

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Boykins

Johnson 47

Pollock

Schneider

Schoemehl

Vogt

Wildberger

 

 

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Cooper (155), HCS SS SCS SBs 74 & 49, as amended, was adopted.


            On motion of Representative Cooper (155), HCS SS SCS SBs 74 & 49, as amended, was read the third time and passed by the following vote:


AYES: 157

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bean

Bearden

Behnen

Bivins

Black

Bland

Bowman

Bringer

Brooks

Brown 30

Brown 50

Bruns

Burnett

Byrd

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 110

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 61

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schoemehl

Selby

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 118

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 001

 

 

 

 

 

 

 

 

 

Harris 23

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 004

 

 

 

 

 

 

Boykins

Johnson 47

Schneider

Vogt

 

 

 

 

 

 

VACANCIES: 001




            The emergency clause was adopted by the following vote:


AYES: 158

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bean

Bearden

Behnen

Bivins

Black

Bland

Bowman

Bringer

Brooks

Brown 30

Brown 50

Bruns

Burnett

Byrd

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

Goodman

Guest

Harris 23

Harris 110

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 118

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 004

 

 

 

 

 

 

Boykins

George

Pollock

Vogt

 

 

 

 

 

 

VACANCIES: 001


            HCS SB 187, relating to concentrated animal feeding operations, was taken up by Representative Guest.


            Speaker Pro Tem Bearden resumed the Chair.


            Representative Myers offered House Amendment No. 1.




House Amendment No. 1


AMEND House Committee Substitute for Senate Bill No. 187, Page 4, Section 640.710, Lines 76 and 77, by deleting all of said lines and inserting in lieu thereof the following:


              6. The provisions of subsection 2 of this section shall not apply to any county of the third classification with a township form of government and”; and


              Further amend said section and page, Lines 94 and 95, by deleting all of said lines and inserting in lieu thereof the following:


              seventy-three thousand eight hundred inhabitants.”; and


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


            Representative Chinn offered House Substitute Amendment No. 1 for House Amendment No. 1.


House Substitute Amendment No. 1

for

House Amendment No. 1


AMEND House Committee Substitute for Senate Bill No. 187, Page 4, Section 640.710, Lines 76 and 77, by deleting all of said lines and inserting in lieu thereof the following:


              6. The provisions of subsection 2 of this section shall not apply to any county of the third classification with a township form of government and”; and


              Further amend said section and page, Lines 94 and 95, by deleting all of said lines and inserting in lieu thereof the following:


              seventy-three thousand eight hundred inhabitants.”; and


              Further amend said page and section, Line 95, by inserting after all of said line the following:


              "7. Any county or political subdivision located within any county subject to the provisions of subsection 6 of this section shall be subject to the provisions of subsection 2 of this section for any additional or more restrictive regulatory or local controls.

              8. In any county of the third classification with a township form of government and with more than thirteen thousand seven hundred but fewer than thirteen thousand eight hundred inhabitants, any county of the third classification with a township form of government and with more than fourteen thousand five hundred but fewer than fourteen thousand six hundred inhabitants, any county of the third classification without a township form of government and with more than four thousand nine hundred but fewer than five thousand inhabitants, any county of the second classification with more than thirty-nine thousand four hundred but fewer than thirty-nine thousand five hundred inhabitants, any county of the third classification with a township form of government and with more than twenty-one thousand nine hundred fifty but fewer than twenty-two thousand nine hundred fifty inhabitants, any county of the third classification with a township form of government and with more than eight thousand nine hundred but fewer than nine thousand inhabitants, any county of the first classification with more than thirty-seven thousand but fewer than thirty-seven thousand one hundred inhabitants, any county of the third classification with a township form of government and with more than eight thousand eight hundred but fewer than eight thousand nine hundred inhabitants, or any county of the first classification with more than seventy-three thousand seven hundred but fewer than seventy-three thousand eight hundred inhabitants, all class IB, class IC, and class II concentrated animal feeding operations located in such counties and in existence prior to any such county's enactment of regulatory or local controls for concentrated animal feeding operations which are more restrictive than the state laws and regulations shall be exempt from such a county's more restrictive regulatory or local controls for concentrated animal feeding operations, but shall be subject to all state laws and regulations for concentrated animal feed operations, including but not limited to the provisions of sections 640.703 to 640.758."; and

 

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


            Representative Whorton offered House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 1.


House Amendment No. 1

to

House Substitute Amendment No. 1

for

House Amendment No. 1


AMEND House Substitute Amendment No. 1 for House Amendment No. 1 to House Committee Substitute for Senate Bill No. 187, Page 2, Section 640.710, Lines 14-24, by deleting said lines and inserting in lieu thereof the following:


              construction, operation, and management of any animal feeding operation shall consider recommendations from the respective soil and water conservation board. Such recommendations shall be based on peer-reviewed scientific and economic data that clearly documents the geological, environmental, and economic impact of the more restrictive controls. The recommendations must be received from the respective soil and water conservation district board within one hundred eighty days.”; and


              Further amend said section, Page 3, Lines 25-50, by deleting all of said lines; and


              Further amend said section and page, Line 51, by deleting “(6)” and inserting in lieu thereof “(2)”; and


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


            Representative Dempsey moved the previous question.


            Which motion was adopted by the following vote:


AYES: 097

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bean

Bearden

Behnen

Bivins

Black

Brown 30

Bruns

Byrd

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Goodman

Guest

Hobbs

Hunter

Icet

Jackson

Johnson 47

Jones

Kelly

Kingery

Kraus

Lager

Lembke

Lipke

Loehner

Marsh

May

McGhee

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parker

Parson

Pearce

Phillips

Pollock

Pratt

Quinn

Rector

Richard

Roark

Robb

Ruestman

Rupp

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Self

Silvey

Smith 14

Smith 118

Stefanick

Stevenson

St. Onge

Sutherland

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 060

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bowman

Bringer

Brooks

Brown 50

Burnett

Casey

Corcoran

Curls

Darrough

Daus

Donnelly

El-Amin

Fraser

George

Harris 23

Harris 110

Haywood

Henke

Hoskins

Hubbard

Hughes

Johnson 61

Johnson 90

Jolly

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

Meadows

Meiners

Oxford

Page

Robinson

Roorda

Rucker

Schoemehl

Selby

Shoemyer

Skaggs

Spreng

Storch

Swinger

Villa

Vogt

Wagner

Walsh

Walton

Whorton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

PRESENT: 002

 

 

 

 

 

 

 

 

 

Chappelle-Nadal

Dougherty

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 003

 

 

 

 

 

 

Boykins

Portwood

Salva

 

 

 

 

 

 

 

VACANCIES: 001


            Representative Whorton moved that House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 1 be adopted.


            Which motion was defeated by the following vote:


AYES: 074

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Baker 123

Bland

Bowman

Bringer

Brooks

Brown 30

Brown 50

Burnett

Byrd

Casey

Chappelle-Nadal

Corcoran

Curls

Darrough

Daus

Donnelly

El-Amin

Fraser

George

Harris 23

Harris 110

Haywood

Henke

Hoskins

Hubbard

Hughes

Johnson 61

Johnson 90

Jolly

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

Marsh

Meadows

Meiners

Oxford

Page

Parker

Robinson

Roorda

Rucker

Salva

Schaaf

Schoemehl

Selby

Self

Shoemyer

Skaggs

Smith 14

Smith 118

Spreng

Storch

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Weter

Whorton

Wildberger

Witte

Wood

Wright 137

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

 

NOES: 087

 

 

 

 

 

 

 

 

 

Avery

Bean

Bearden

Behnen

Bivins

Black

Bruns

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Goodman

Guest

Hobbs

Hunter

Icet

Jackson

Johnson 47

Jones

Kelly

Kingery

Kraus

Lager

Lembke

Lipke

Loehner

May

McGhee

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Ruestman

Rupp

Sander

Sater

Schad

Schlottach

Schneider

Silvey

Stefanick

Stevenson

St. Onge

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Wasson

Wells

Wilson 119

Wilson 130

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 001

 

 

 

 

 

 

Boykins

 

 

 

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Chinn, House Substitute Amendment No. 1 for House Amendment No. 1 was adopted.


            Representative Dempsey moved the previous question.


            Which motion was adopted by the following vote:


AYES: 097

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bean

Bearden

Behnen

Bivins

Black

Brown 30

Bruns

Byrd

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Goodman

Guest

Hobbs

Hunter

Icet

Jackson

Johnson 47

Jones

Kelly

Kingery

Kraus

Lager

Lembke

Lipke

Loehner

Marsh

May

McGhee

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Ruestman

Rupp

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Self

Silvey

Smith 14

Smith 118

Stefanick

Stevenson

St. Onge

Sutherland

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 137

Yates

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 062

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bowman

Bringer

Brooks

Brown 50

Burnett

Casey

Chappelle-Nadal

Corcoran

Curls

Darrough

Daus

Donnelly

El-Amin

Fraser

George

Harris 23

Harris 110

Haywood

Henke

Hoskins

Hubbard

Hughes

Johnson 61

Johnson 90

Jolly

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

Meadows

Meiners

Oxford

Page

Robinson

Roorda

Rucker

Salva

Schoemehl

Selby

Shoemyer

Skaggs

Spreng

Storch

Swinger

Villa

Vogt

Wagner

Walsh

Walton

Whorton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Dougherty

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 002

 

 

 

 

 

 

Boykins

Wright 159

 

 

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Guest, HCS SB 187, as amended, was adopted.


            Representative Guest moved that HCS SB 187, as amended, be read the third time and passed.


            Which motion was defeated by the following vote:


AYES: 077

 

 

 

 

 

 

 

 

 

Aull

Bean

Bearden

Behnen

Bivins

Black

Bringer

Bruns

Chinn

Cooper 120

Cooper 155

Cooper 158

Davis

Day

Deeken

Dempsey

Denison

Dethrow