jrn073_103.ps

 

Journal of the House


First Regular Session, 93rd General Assembly




SEVENTY-THIRD DAY, Wednesday, May 11, 2005

The House met pursuant to adjournment.


            Speaker Pro Tem Bearden in the Chair.


            Prayer by Reverend James Earl Jackson.


              Heavenly Father, You have instructed us from Your Word, “Let not the wise man glory in his wisdom, let not the mighty man glory in his might, let not the rich man glory in his riches; but let him who glories, glory in this, that he understands and knows that I am Lord who practice steadfast love, justice, and righteousness in the Earth; for in these things I delight.”


              When all is said and done, may we take no glory in what was accomplished this Session, but understand that by Your grace and mercy we’ve been privileged to do the work of this state.


              Lord God, may we continue to make decisions as to what is right; may we have the knowledge among ourselves as to what is good.


              In the waning moments of this Session, in the long hours and days, we understand better what the Psalmist meant when he said, “Oh that I had wings like a dove! Then I would fly away, and be at rest.” Our souls find rest in You.


              May Your peace and comfort be with us all, both now and forevermore.


              In the name of Your Son we pray. 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: Joey Wheeler, Korey Clark, Andrew Gurney, Tiara Wagner, Tre'von Buckner, Kelly Nolen, Madelyn Pieck and Brittany Whetstine.


MOTION


            Representative Dempsey moved that Rule 3(c) be suspended for one hour, to allow the printing of the House Journal to be completed, at which time the motion for approval of the Journal will be made.




            Which motion was adopted by the following vote:


AYES: 137

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Bean

Bearden

Behnen

Bivins

Black

Brooks

Brown 30

Brown 50

Bruns

Burnett

Byrd

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Curls

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

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McGhee

Meiners

Moore

Munzlinger

Myers

Nance

Nieves

Nolte

Oxford

Page

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schoemehl

Selby

Self

Silvey

Smith 14

Smith 118

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Threlkeld

Tilley

Viebrock

Villa

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 009

 

 

 

 

 

 

 

 

 

Bringer

Darrough

Daus

Harris 23

Shoemyer

Skaggs

Swinger

Wildberger

Witte

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 016

 

 

 

 

 

 

Baker 25

Bland

Bowman

Boykins

Chappelle-Nadal

Corcoran

Hubbard

Hughes

Lembke

Meadows

Muschany

Parker

Rucker

Schneider

Vogt

Wright-Jones

 

 

 

 

 

 

 

 

 

VACANCIES: 001


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 3151

                        and

            House Resolution No. 3152 - Representative Lager

            House Resolution No. 3153 - Representative Rupp

            House Resolution No. 3154 - Representative Wilson (119)

            House Resolution No. 3155 - Representative Whorton

            House Resolution No. 3156 - Representative Wasson

            House Resolution No. 3157 - Representative St. Onge

            House Resolution No. 3158 - Representative Lembke

            House Resolution No. 3159 - Representative Brown (30)

            House Resolution No. 3160

                        through

            House Resolution No. 3164 - Representative Kraus

            House Resolution No. 3165

                        through

            House Resolution No. 3167 - Representative Aull

            House Resolution No. 3168

                        through

            House Resolution No. 3192 - Representative Smith (118)

            House Resolution No. 3193 - Representative Sutherland

            House Resolution No. 3194

                        through

            House Resolution No. 3196 - Representative Pratt

            House Resolution No. 3197

                        and 

            House Resolution No. 3198 - Representative Munzlinger

            House Resolution No. 3199 - Representative Whorton

            House Resolution No. 3200

                        through

            House Resolution No. 3202 - Representative Nance

            House Resolution No. 3203

                        through

            House Resolution No. 3206 - Representative Stevenson

            House Resolution No. 3207 - Representatives Fraser and Chappelle-Nadal


COMMITTEE REPORT


            Committee on Fiscal Review, Chairman Guest reporting:


            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS SS SCS SB 2 (Fiscal Note), begs leave to report it has been furnished an updated fiscal note and does not require fiscal review.


MESSAGES FROM THE SENATE


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted SCR 17.




SENATE CONCURRENT RESOLUTION NO. 17


              WHEREAS, the cost of a four-year college education increases each year; and


              WHEREAS, in response to the ever-increasing cost of a college education, the federal government created Section 529 of the Internal Revenue Code, which authorized states to create federal tax-deferred higher education savings programs; and


              WHEREAS, each state has established at least one higher education savings program under the auspices of Section 529; and


              WHEREAS, the state of Missouri established the Missouri Higher Education Savings Program in 1998 to allow parents, grandparents, and any other family members or friends to create tax-deferred higher education savings accounts for a child's future education; and

 

              WHEREAS, in order to encourage Missouri families to invest in the Missouri Higher Education Savings Program, the state authorizes a participant in the program to deduct up to eight thousand dollars in contributions to the program from the participant's adjusted gross income in determining the amount of state income tax owed; and

 

              WHEREAS, there is a disincentive for investment in other states' higher education savings programs since the income tax deduction only applies to investments in Missouri's savings program; and


              WHEREAS, parents and families should be afforded every opportunity to invest in the best savings programs, since the goal of higher education savings programs is to increase the amount of money available for a child's higher education:


              NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate, Ninety-third General Assembly, First Regular Session, the House of Representatives concurring therein, hereby create a Joint Interim Committee on Investments in Higher Education Savings Programs; and


              BE IT FURTHER RESOLVED that the joint interim committee shall study methods to expand investment opportunities for Missouri parents and families in higher education savings programs, while maintaining the solvency of the Missouri Higher Education Savings Program, and make recommendations to the General Assembly; and


              BE IT FURTHER RESOLVED that the joint interim committee be authorized to call upon any department, office, division, or agency of this state to assist in gathering information pursuant to its objective; and


              BE IT FURTHER RESOLVED that the joint interim committee herein established shall consist of ten members, three of which shall be members of the Senate appointed by the President Pro Tem of the Senate, two of which shall be members of the Senate appointed by the Minority Leader of the Senate, three of which shall be members of the House of Representatives appointed by the Speaker of the House of Representatives, and two of which shall be members of the House of Representatives appointed by the Minority Leader of the House of Representatives; and


              BE IT FURTHER RESOLVED that the staffs of House Research, Senate Research, and the Committee on Legislative Research shall provide such legal, research, clerical, technical, and bill drafting services as the committee may require in the performance of its duties; and


              BE IT FURTHER RESOLVED that the committee, its members, and any staff assigned to the committee shall receive reimbursement for their actual and necessary expenses incurred in attending meetings of the committee or any subcommittee thereof; and


              BE IT FURTHER RESOLVED that the joint interim committee shall expire on December 31, 2005, and on that same date deliver a report of findings and recommendations to the General Assembly; and


              BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for the President Pro Tem of the Senate and the Speaker of the House of Representatives.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SS SCS SB 287, as amended, and requests the House to recede from its position and failing to do so grant the Senate a conference thereon.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted the Conference Committee Report on HCS SS SB 343, as amended, and has taken up and passed CCS HCS SS SB 343.


BILL CARRYING REQUEST MESSAGE


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


            Representative Baker (123) moved that the House refuse to recede from its position on HCS SS SCS SB 287, as amended, and grant the Senate a conference.


            Representative Dempsey moved the previous question.


            Which motion was adopted by the following vote:


AYES: 094

 

 

 

 

 

 

 

 

 

Avery

Baker 123

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

Myers

Nance

Nieves

Nolte

Parson

Pearce

Phillips

Pollock

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: 058

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bringer

Brooks

Brown 50

Burnett

Casey

Chappelle-Nadal

Curls

Darrough

Daus

Donnelly

El-Amin

Fraser

George

Harris 23

Harris 110

Haywood

Henke

Hoskins

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

Wagner

Walsh

Walton

Whorton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Dougherty

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

 

Bean

Bowman

Boykins

Corcoran

Hubbard

Muschany

Parker

Schneider

Vogt

 

 

 

 

 

 

VACANCIES: 001


            Representative Baker (123) again moved that the House refuse to recede from its position on HCS SS SCS SB 287, as amended, and grant the Senate a conference.


            Which motion was adopted.


MESSAGES FROM THE SENATE


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SCS HB 617, entitled:


            An act to repeal sections 249.1150, 249.1152, 249.1154, 640.635, 644.076, 701.038, and 701.053, RSMo, and to enact in lieu thereof five new sections relating to water shed districts.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SS SCS SBs 74 & 49, as amended, and has taken up and passed HCS SS SCS SBs 74 & 49, as amended.


            Emergency clause adopted.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House on HCS SS SCS SB 287, as amended: Senators Shields, Nodler, Bartle, Days and Kennedy.


            Speaker Jetton assumed the Chair.


APPOINTMENT OF CONFERENCE COMMITTEE


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

 

HCS SS SCS SB 287: Representatives Baker (123), Lager, Cunningham (145), Bringer and

                                      Corcoran


            Speaker Pro Tem Bearden resumed the Chair.


THIRD READING OF SENATE BILL


            HCS SCS SB 500, relating to the Part C Intervention System, was taken up by Representative Lager.


            Representative Lager offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 500, Page 8, Section 1, Line 4, by inserting after all of said line the following:


              "Section 2. Pursuant to section 23.253, RSMo, of the Missouri Sunset Act:

              (1) The provisions of the program authorized under sections 160.900 to 160.925, RSMo, section 162.700, RSMo, and section 1 of this act shall automatically sunset two years after the effective date of sections 160.900 to 160.925, RSMo, section 162.700, RSMo, and section 1 of this act unless reauthorized by an act of the general assembly; and

              (2) If such program is reauthorized, the program authorized under sections 160.900 to 160.925, RSMo, section 162.700, RSMo, and section 1 of this act shall automatically sunset twelve years after the effective date of the reauthorization of sections 160.900 to 160.925, RSMo, section 162.700, RSMo, and section 1 of this act; and

              (3) Sections 160.900 to 160.925, RSMo, section 162.700, RSMo, and section 1 of this act shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under sections 160.900 to 160.925, RSMo, section 162.700, RSMo, and section 1 of this act is sunset."; and


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


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


AYES: 094

 

 

 

 

 

 

 

 

 

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

Kingery

Kraus

Lager

Lembke

Lipke

Loehner

Marsh

May

McGhee

Moore

Munzlinger

Myers

Nance

Nieves

Nolte

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Ruestman

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

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

Hughes

Johnson 61

Johnson 90

Jolly

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

Meadows

Meiners

Oxford

Page

Robinson

Roorda

Rucker

Rupp

Schoemehl

Selby

Shoemyer

Skaggs

Spreng

Storch

Swinger

Villa

Vogt

Wagner

Walsh

Walton

Whorton

Witte

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

 

Bowman

Boykins

Hubbard

Kelly

Muschany

Parker

Salva

Wildberger

 

 

 

 

 

 

 

VACANCIES: 001


            Representative Roark offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 500, Section 1, Page 8, Line 4, by inserting after all of said line the following:


              “Section B. Because immediate action is necessary to ensure the continuation of early intervention services to infants and toddlers with disabilities section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section A of this act shall be in full force and effect on July 1, 2005, or upon its passage and approval, whichever later occurs.”; and


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


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


            Representative Sanders Brooks offered House Amendment No. 3.


House Amendment No. 3


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 500, Section 160.920, Page 5, Lines 28 and 29, by deleting all of said lines and inserting in lieu thereof the following:


              "with the fee implementation beginning with families whose adjusted gross income is at least one hundred forty thousand dollars;"; and


              Further amend said section, Page 5, Line 30, by striking the word, “one” and inserting in lieu thereof the word, “two”; and


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


            On motion of Representative Sanders Brooks, House Amendment No. 3 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 159

Yates

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 055

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bowman

Bringer

Brooks

Burnett

Casey

Chappelle-Nadal

Darrough

Daus

Donnelly

El-Amin

Fraser

George

Harris 23

Harris 110

Henke

Hoskins

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

Yaeger

Young

Zweifel

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Dougherty

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

 

Boykins

Brown 50

Corcoran

Curls

Haywood

Hubbard

Hughes

Wright 137

Wright-Jones

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Lager, HCS SCS SB 500, as amended, was adopted.


            On motion of Representative Lager, HCS SCS SB 500, as amended, was read the third time and passed by the following vote:


AYES: 137

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Bean

Bearden

Behnen

Bivins

Black

Brooks

Brown 30

Brown 50

Bruns

Byrd

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Darrough

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

Goodman

Guest

Harris 110

Haywood

Hobbs

Hoskins

Hunter

Icet

Jackson

Johnson 47

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

Liese

Lipke

Loehner

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 118

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 023

 

 

 

 

 

 

 

 

 

Baker 25

Bland

Bowman

Bringer

Burnett

Daus

George

Harris 23

Henke

Hughes

Johnson 61

Johnson 90

LeVota

Low 39

Lowe 44

Oxford

Schoemehl

Selby

Spreng

Villa

Vogt

Whorton

Yaeger

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 002

 

 

 

 

 

 

Boykins

Hubbard

 

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.




            The emergency clause was defeated by the following vote:


AYES: 101

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bean

Bearden

Behnen

Bivins

Black

Brooks

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

Swinger

Threlkeld

Tilley

Viebrock

Villa

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 055

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bowman

Bringer

Brown 50

Burnett

Casey

Chappelle-Nadal

Corcoran

Curls

Daus

Donnelly

Dougherty

El-Amin

Fraser

George

Harris 23

Harris 110

Haywood

Henke

Hoskins

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

Vogt

Walsh

Walton

Whorton

Witte

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

PRESENT: 004

 

 

 

 

 

 

 

 

 

Darrough

Salva

Wagner

Wildberger

 

 

 

 

 

 

ABSENT WITH LEAVE: 002

 

 

 

 

 

 

Boykins

Hubbard

 

 

 

 

 

 

 

 

VACANCIES: 001


HOUSE BILL WITH SENATE AMENDMENTS


            SS SCS HCS HB 353, as amended, relating to crime, was taken up by Representative Lipke.


            Representative Lipke moved that the House refuse to adopt SS SCS HCS HB 353, as amended, and request the Senate to recede from its position and, failing to do so, grant the House a conference.


            Which motion was adopted.

 

APPROVAL OF THE HOUSE JOURNAL


            On motion of Representative Dempsey, the Journal of the seventy-second day was approved as corrected.


            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.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 3208

                        through

            House Resolution No. 3221 - Representative Black

            House Resolution No. 3222 - Representative Storch

            House Resolution No. 3223 - Representatives Nolte and Silvey

            House Resolution No. 3224 - Representative Vogt

            House Resolution No. 3225

                        through

            House Resolution No. 3229 - Representative Kingery

            House Resolution No. 3230 - Representative Jackson

            House Resolution No. 3231 - Representative Fares

            House Resolution No. 3232 - Representative Page

            House Resolution No. 3233

                        through

            House Resolution No. 3246 - Representative Black

            House Resolution No. 3247 - Representative Witte

            House Resolution No. 3248 - Representative Jetton

            House Resolution No. 3249

                        through

            House Resolution No. 3251 - Representative Self

            House Resolution No. 3252 - Representatives Harris (110) and Casey

            House Resolution No. 3253 - Representative Harris (110)

            House Resolution No. 3254

                        through

            House Resolution No. 3256 - Representatives Harris (110) and Casey



            House Resolution No. 3257

                        through

            House Resolution No. 3259 - Representative Silvey

            House Resolution No. 3260 - Representative Fares


THIRD READING OF SENATE BILLS


            SB 488, with House Committee Amendment No. 1, pending, relating to prior salvage titled vehicles, was taken up by Representative Robinson.


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


            On motion of Representative Robinson, SB 488, as amended, was read the third time and passed by the following vote:


AYES: 150

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Bland

Bowman

Bringer

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 23

Harris 110

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Rupp

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 118

Spreng

Stefanick

Stevenson

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Wells

Weter

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

NOES: 001

 

 

 

 

 

 

 

 

 

Whorton

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 011

 

 

 

 

 

 

Bean

Black

Boykins

Brooks

Haywood

Kelly

Myers

Salva

St. Onge

Wasson

Wildberger

 

 

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            HCS SS#2 SCS SB 225, relating to hazardous waste, was taken up by Representative Hobbs.


            Representative Sander offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 225, Section B, Page 51, Line 2, by inserting after the word “sections” the following:


              260.273, 260.279,”; and


              Further amend said section and page, Line 5, by inserting after the word “sections” the following:


              260.273, 260.279,”; and


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


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


            Representative Selby offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 225, Section 304.184, Page 47, Line 10, by inserting immediately after said line the following:


              Section 1. No trash transfer station may be located within one thousand feet of any property zoned for residential use in a county of the first classification with more than one hundred ninety-eight thousand but fewer than one hundred ninety-nine thousand two hundred inhabitants.”; and


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


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


            Which motion was defeated.


            Representative Harris (110) offered House Amendment No. 3.


            House Amendment No. 3 was withdrawn.


            On motion of Representative Hobbs, HCS SS#2 SCS SB 225, as amended, was adopted.


            On motion of Representative Hobbs, HCS SS#2 SCS SB 225, as amended, was read the third time and passed by the following vote:


AYES: 152

 

 

 

 

 

 

 

 

 

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 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 23

Harris 110

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

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

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Rupp

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Silvey

Skaggs

Smith 14

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 002

 

 

 

 

 

 

 

 

 

Jackson

Whorton

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

El-Amin

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Boykins

Cooper 155

Haywood

Myers

Salva

Smith 118

Vogt

 

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            The emergency clause was adopted by the following vote:


AYES: 150

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Bean

Bearden

Behnen

Bivins

Black

Bland

Bowman

Bringer

Brown 30

Brown 50

Bruns

Burnett

Byrd

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

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 23

Harris 110

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 90

Jolly

Jones

Kelly

Kingery

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Rupp

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

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

NOES: 001

 

 

 

 

 

 

 

 

 

Whorton

 

 

 

 

 

 

 

 

 

PRESENT: 003

 

 

 

 

 

 

 

 

 

Brooks

Henke

Johnson 61

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

 

Baker 123

Boykins

Darrough

Haywood

Kratky

Myers

Salva

Vogt

 

 

 

 

 

 

 

VACANCIES: 001


            HCS SCS SB 272, relating to excursion gambling boat admission fees, was taken up by Representative Dempsey.


            On motion of Representative Dempsey, HCS SCS SB 272 was adopted.


            On motion of Representative Dempsey, HCS SCS SB 272 was read the third time and passed by the following vote:


AYES: 144

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Bean

Bearden

Behnen

Bivins

Black

Bland

Bowman

Bringer

Brown 30

Brown 50

Bruns

Burnett

Byrd

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

Goodman

Guest

Harris 110

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

Lowe 44

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Ruestman

Rupp

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

Vogt

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 008

 

 

 

 

 

 

 

 

 

Baker 25

Donnelly

El-Amin

Henke

Rucker

Whorton

Wildberger

Wright 159

 

 

 

 

 

 

 

PRESENT: 006

 

 

 

 

 

 

 

 

 

Brooks

George

Harris 23

Low 39

Oxford

Roorda

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 004

 

 

 

 

 

 

Boykins

Darrough

Haywood

Salva

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            HCS SCS SBs 420 & 344, relating to judicial procedures and personnel, was taken up by Representative Byrd.


            Representative Byrd offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 420 & 344, Section 483.537, Page 30, Line 6, by inserting after the word “be” on said line the word “used”; and


              Further amend said bill, Section 488.014, Page 31, Line 5, by deleting the word “courts” on said line and inserting in lieu thereof the word “county”; and


              Further amend said bill, Section 494.430, Page 33, Line 11, by deleting the word “healthcare” on said line and inserting in lieu thereof the words “health care”; and


              Further amend said bill, Section 590.180, Page 42, Line 28, by inserting after the word “employers” on said line the following:


              of the dates of service”; and


              Further amend said bill, Section 1, Page 49, Line 24, by inserting after the word “board” the following:


              ; (14) Juvenile officers”; and


              Further amend said bill, Section 2, Page 50, Lines 2 and 3, by deleting all of said line and inserting in lieu thereof the following:


              a fee of less than two hundred dollars for completing residential loan documentation for loans made by that institution shall be deemed to be engaging in the unauthorized practice”; and


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


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


            Representative Byrd offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 420 & 344, Section 600.042, Pages 42-44, Lines 1-81, by striking all of said lines; and


              Further amend said bill, Section 600.086, Pages 44-45, Lines 1-48, by striking all of said lines; and


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


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


            Representative Byrd offered House Amendment No. 3.


House Amendment No. 3


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 420 & 344, Pages 24 through 26, Section 475.010, by deleting all of said section; and


              Further amend said bill, Pages 26 and 27, Section 475.045, by deleting all of said section; and


              Further amend said bill, Pages 27 and 28, Section 475.046, by deleting all of said section; and


              Further amend said bill, Pages 36 and 37, Section 536.142, by deleting all of said section; and


              Further amend said bill, Pages 45 and 49, Section 650.055, by deleting all of said section; and


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


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


            Representative Byrd offered House Amendment No. 4.


House Amendment No. 4


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 420 & 344, Pages 3-8, Section 105.711, by striking said section and inserting in lieu thereof the following:


              "105.705. 1. As used in this section, the term "state employee" or "employee" shall mean any officer or employee of the state of Missouri or any agency of the state, including, without limitation, elected officials, appointees, members of the state boards or commissions and members of the Missouri national guard.

              2. No state employee shall be personally liable in any civil action brought against them in the courts of this state, in either their individual or official capacities, for conduct arising out of and in connection with their official duties on behalf of the state, whether or not such acts are ministerial or discretionary, unless the employee acted with malicious purpose, in bad faith, or in a wanton or reckless manner. The exclusive remedy for any cause of action against a state employee for acts committed within the scope of their official duties shall be an action against the state of Missouri.

              3. The attorney general shall be promptly notified of any claim or suit filed against an employee for actions arising from their official duties. To be certified that the employee was acting within the scope of his or her official duties, the employee must cooperate fully with the attorney general in the defense of the claim.

              4. (1) Upon certification by the attorney general that the defendant employee was acting within the scope of his or her official duties at the time of the incident out of which the claim arose, any civil action or proceeding commenced upon such claim in a circuit court of this state shall be deemed an action against the state of Missouri under the provisions of this section and the state of Missouri or the respective agency shall be substituted as the party defendant.

              (2) In the event that the attorney general has refused to certify that the defendant was acting within the scope of his or her official duties at the time of the incident out of which the claim arose, the employee may at any time before trial petition the respective circuit court of this state to find and certify that the employee was acting within the scope of his or her official duties. Upon such certification by the court, such action or proceeding shall be deemed to be an action or proceeding brought against the state of Missouri under the provisions of this section and the state of Missouri or the respective agency shall be substituted as the party defendant.

              (3) Upon certification, any action or proceeding under this section shall proceed in the same manner as any action against the state of Missouri filed under sections 537.600 to 537.615, RSMo, and shall be subject to the limitations and exceptions applicable to those actions.

              5. Nothing in this section shall be construed as waiving or abrogating the sovereign immunity of the state beyond the expressed waivers of sovereign immunity provided under sections 537.600 to 537.615, RSMo.

              6. No payment for any claim or judgment against a state employee shall be made under the provisions of sections 105.711 to 105.726 or from any other state funds if the employee is determined by the attorney general to have acted outside the course and scope of the employee's official duties.


              105.711. 1. There is hereby created a "State Legal Expense Fund" which shall consist of moneys appropriated to the fund by the general assembly and moneys otherwise credited to such fund pursuant to section 105.716.

              2. Moneys in the state legal expense fund shall be available for the payment of any claim or any amount required by any final judgment rendered by a court of competent jurisdiction against:

              (1) The state of Missouri, or any agency of the state, pursuant to section 536.050 or 536.087, RSMo, or section 537.600, RSMo;

              (2) Any officer or employee of the state of Missouri or any agency of the state, including, without limitation, elected officials, appointees, members of state boards or commissions, and members of the Missouri national guard upon conduct of such officer or employee arising out of and performed in connection with his or her official duties on behalf of the state, or any agency of the state, provided that moneys in this fund shall not be available for payment of claims made under chapter 287, RSMo; or

              (3) (a) Any physician, psychiatrist, pharmacist, podiatrist, dentist, nurse, or other health care provider licensed to practice in Missouri under the provisions of chapter 330, 332, 334, 335, 336, 337 or 338, RSMo, who is employed by the state of Missouri or any agency of the state, under formal contract to conduct disability reviews on behalf of the department of elementary and secondary education or provide services to patients or inmates of state correctional facilities [or county jails] on a part-time basis, and any physician, psychiatrist, pharmacist, podiatrist, dentist, nurse, or other health care provider licensed to practice in Missouri under the provisions of chapter 330, 332, 334, 335, 336, 337, or 338, RSMo, who is under formal contract to provide services to patients or inmates at a county jail on a part-time basis;

              (b) Any physician licensed to practice medicine in Missouri under the provisions of chapter 334, RSMo, and his professional corporation organized pursuant to chapter 356, RSMo, who is employed by or under contract with a city or county health department organized under chapter 192, RSMo, or chapter 205, RSMo, or a city health department operating under a city charter, or a combined city-county health department to provide services to patients for medical care caused by pregnancy, delivery, and child care, if such medical services are provided by the physician pursuant to the contract without compensation or the physician is paid from no other source than a governmental agency except for patient co-payments required by federal or state law or local ordinance;

              (c) Any physician licensed to practice medicine in Missouri under the provisions of chapter 334, RSMo, who is employed by or under contract with a federally funded community health center organized under Section 315, 329, 330 or 340 of the Public Health Services Act (42 U.S.C. 216, 254c) to provide services to patients for medical care caused by pregnancy, delivery, and child care, if such medical services are provided by the physician pursuant to the contract or employment agreement without compensation or the physician is paid from no other source than a governmental agency or such a federally funded community health center except for patient co-payments required by federal or state law or local ordinance. In the case of any claim or judgment that arises under this paragraph, the aggregate of payments from the state legal expense fund shall be limited to a maximum of one million dollars for all claims arising out of and judgments based upon the same act or acts alleged in a single cause against any such physician, and shall not exceed one million dollars for any one claimant;

              (d) Any physician licensed pursuant to chapter 334, RSMo, who is affiliated with and receives no compensation from a nonprofit entity qualified as exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, which offers a free health screening in any setting or any physician, nurse, physician assistant, dental hygienist, or dentist licensed or registered pursuant to chapter 332, RSMo, chapter 334, RSMo, or chapter 335, RSMo, who provides medical, dental, or nursing treatment within the scope of his license or registration at a city or county health department organized under chapter 192, RSMo, or chapter 205, RSMo, a city health department operating under a city charter, or a combined city-county health department, or a nonprofit community health center qualified as exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, if such treatment is restricted to primary care and preventive health services, provided that such treatment shall not include the performance of an abortion, and if such medical, dental, or nursing services are provided by the physician, dentist, physician assistant, dental hygienist, or nurse without compensation. Medicaid or medicare payments for primary care and preventive health services provided by a physician, dentist, physician assistant, dental hygienist, or nurse who volunteers at a free health clinic is not compensation for the purpose of this section if the total payment is assigned to the free health clinic. For the purposes of the section, "free health clinic" means a nonprofit community health center qualified as exempt from federal taxation under Section 501 (c)(3) of the Internal Revenue Code of 1987, as amended, that provides primary care and preventive health services to people without health insurance coverage for the services provided without charge. In the case of any claim or judgment that arises under this paragraph, the aggregate of payments from the state legal expense fund shall be limited to a maximum of five hundred thousand dollars, for all claims arising out of and judgments based upon the same act or acts alleged in a single cause and shall not exceed five hundred thousand dollars for any one claimant, and insurance policies purchased pursuant to the provisions of section 105.721 shall be limited to five hundred thousand dollars. Liability or malpractice insurance obtained and maintained in force by or on behalf of any physician, dentist, physician assistant, dental hygienist, or nurse shall not be considered available to pay that portion of a judgment or claim for which the state legal expense fund is liable under this paragraph; or

              (e) Any physician, nurse, physician assistant, dental hygienist, or dentist licensed or registered to practice medicine, nursing, or dentistry or to act as a physician assistant or dental hygienist in Missouri under the provisions of chapter 332, RSMo, chapter 334, RSMo, or chapter 335, RSMo, who provides medical, nursing, or dental treatment within the scope of his license or registration to students of a school whether a public, private, or parochial elementary or secondary school, if such physician's treatment is restricted to primary care and preventive health services and if such medical, dental, or nursing services are provided by the physician, dentist, physician assistant, dental hygienist, or nurse without compensation. In the case of any claim or judgment that arises under this paragraph, the aggregate of payments from the state legal expense fund shall be limited to a maximum of five hundred thousand dollars, for all claims arising out of and judgments based upon the same act or acts alleged in a single cause and shall not exceed five hundred thousand dollars for any one claimant, and insurance policies purchased pursuant to the provisions of section 105.721 shall be limited to five hundred thousand dollars; or

              (f) Staff employed by the juvenile division of any judicial circuit; or

              (g) Any attorney licensed to practice law in the state of Missouri who practices law at or through a nonprofit community social services center qualified as exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or through any agency of any federal, state, or local government, if such legal practice is provided by the attorney without compensation. In the case of any claim or judgment that arises under this subdivision, the aggregate of payments from the state legal expense fund shall be limited to a maximum of five hundred thousand dollars for all claims arising out of and judgments based upon the same act or acts alleged in a single cause and shall not exceed five hundred thousand dollars for any one claimant, and insurance policies purchased pursuant to the provisions of section 105.721 shall be limited to five hundred thousand dollars.

              (h) Any claims against a health care professional who is deployed under the provision of section 44.045, RSMo, in which the claim is based on acts or omissions occurring during a period of deployment.

              3. The department of health and senior services shall promulgate rules regarding contract procedures and the documentation of care provided under paragraphs (b), (c), (d), and (e) of subdivision (3) of subsection 2 of this section. The limitation on payments from the state legal expense fund or any policy of insurance procured pursuant to the provisions of section 105.721, provided in subsection 6 of this section, shall not apply to any claim or judgment arising under paragraph (a), (b), (c), (d), or (e) of subdivision (3) of subsection 2 of this section. Any claim or judgment arising under paragraph (a), (b), (c), (d), or (e) of subdivision (3) of subsection 2 of this section shall be paid by the state legal expense fund or any policy of insurance procured pursuant to section 105.721, to the extent damages are allowed under sections 538.205 to 538.235, RSMo. Liability or malpractice insurance obtained and maintained in force by any physician, dentist, physician assistant, dental hygienist, or nurse for coverage concerning his or her private practice and assets shall not be considered available under subsection 6 of this section to pay that portion of a judgment or claim for which the state legal expense fund is liable under paragraph (a), (b), (c), (d), or (e) of subdivision (3) of subsection 2 of this section. However, a physician, nurse, dentist, physician assistant, or dental hygienist may purchase liability or malpractice insurance for coverage of liability claims or judgments based upon care rendered under paragraphs (c), (d), and (e) of subdivision (3) of subsection 2 of this section which exceed the amount of liability coverage provided by the state legal expense fund under those paragraphs. Even if paragraph (a), (b), (c), (d), or (e) of subdivision (3) of subsection 2 of this section is repealed or modified, the state legal expense fund shall be available for damages which occur while the pertinent paragraph (a), (b), (c), (d), or (e) of subdivision (3) of subsection 2 of this section is in effect.

              4. The attorney general shall promulgate rules regarding contract procedures and the documentation of legal practice provided under subdivision (5) of subsection 2 of this section. The limitation on payments from the state legal expense fund or any policy of insurance procured pursuant to section 105.721 as provided in subsection 6 of this section shall not apply to any claim or judgment arising under subdivision (5) of subsection 2 of this section. Any claim or judgment arising under subdivision (5) of subsection 2 of this section shall be paid by the state legal expense fund or any policy of insurance procured pursuant to section 105.721 to the extent damages are allowed under sections 538.205 to 538.235, RSMo. Liability or malpractice insurance otherwise obtained and maintained in force shall not be considered available under subsection 6 of this section to pay that portion of a judgment or claim for which the state legal expense fund is liable under subdivision (5) of subsection 2 of this section. However, an attorney may obtain liability or malpractice insurance for coverage of liability claims or judgments based upon legal practice rendered under subdivision (5) of subsection 2 of this section that exceed the amount of liability coverage provided by the state legal expense fund under subdivision (5) of subsection 2 of this section. Even if subdivision (5) of subsection 2 of this section is repealed or amended, the state legal expense fund shall be available for damages that occur while the pertinent subdivision (5) of subsection 2 of this section is in effect.

              5. All payments shall be made from the state legal expense fund by the commissioner of administration with the approval of the attorney general. Payment from the state legal expense fund of a claim or final judgment award against a physician, dentist, physician assistant, dental hygienist, or nurse described in paragraph (a), (b), (c), (d), or (e) of subdivision (3) of subsection 2 of this section, or against an attorney in subdivision (5) of subsection 2 of this section, shall only be made for services rendered in accordance with the conditions of such paragraphs.

              6. Except as provided in subsection 3 of this section, in the case of any claim or judgment that arises under sections 537.600 and 537.610, RSMo, against the state of Missouri, or an agency of the state, the aggregate of payments from the state legal expense fund and from any policy of insurance procured pursuant to the provisions of section 105.721 shall not exceed the limits of liability as provided in sections 537.600 to 537.610, RSMo. No payment shall be made from the state legal expense fund or any policy of insurance procured with state funds pursuant to section 105.721 unless and until the benefits provided to pay the claim by any other policy of liability insurance have been exhausted.

              7. The provisions of section 33.080, RSMo, notwithstanding, any moneys remaining to the credit of the state legal expense fund at the end of an appropriation period shall not be transferred to general revenue.

              8. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority delegated in sections 105.711 to 105.726 shall become effective only if it has been promulgated pursuant to the provisions of chapter 536, RSMo. Nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to August 28, 1999, if it fully complied with the provisions of chapter 536, 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, 1999, shall be invalid and void.


              105.726. 1. Nothing in sections 105.711 to 105.726 shall be construed to broaden the liability of the state of Missouri beyond the provisions of sections 537.600 to 537.610, RSMo, nor to abolish or waive any defense at law which might otherwise be available to any agency, officer, or employee of the state of Missouri. Sections 105.711 to 105.726 do not waive the sovereign immunity of the state of Missouri.

              2. The creation of the state legal expense fund and the payment therefrom of such amounts as may be necessary for the benefit of any person covered thereby are deemed necessary and proper public purposes for which funds of this state may be expended.

              3. Moneys in the state legal expense fund shall not be available for the payment of any claim or any amount required by any final judgment rendered by a court of competent jurisdiction against a board of police commissioners established under chapter 84, RSMo, including the commissioners, any police officer, notwithstanding sections 84.330, 84.710, or other provision of law, other employees, agents, representatives, or any other individual or entity acting or purporting to act on its or their behalf. Such was the intent of the general assembly in the original enactment of sections 105.711 to 105.726, and it is made express by this section in light of the decision in Wayman Smith, III, et al. v. state of Missouri, Mo. Sup. Ct. January 11, 2005. Except that the commissioner of administration shall reimburse from the state legal expense fund, any board of police commissioners established under chapter 84, RSMo, for liability claims otherwise eligible for payment under section 105.711 paid by said boards on an equal share basis per claim up to a maximum of one million dollars per fiscal year.

              4. If the representation of the attorney general is requested by a board of police commissioners, the attorney general shall represent, investigate, defend, negotiate, or compromise all claims under sections 105.711 to 105.726 for the board of police commissioners, any police officer, other employees, agents, representatives, or any other individual or entity acting or purporting to act on their behalf. The attorney general may establish procedures by rules and regulations promulgated under chapter 536, RSMo, under which claims must be referred for the attorney general's representation. The attorney general and the officials of the city which the police board represents shall meet and negotiate reasonable rates, fees, expenses, or charges that will fairly compensate the attorney general and the office of administration for the cost of the representation of the claims under this section.

              5. Claims tendered to the attorney general promptly after the claim was asserted as required by section 105.716 and prior to August 28, 2005, may be investigated, defended, negotiated, or compromised by the attorney general and full payments may be made from the state legal expense fund on behalf of the entities and individuals described in this section as a result of the holding in Wayman Smith III et al. v. State of Missouri, Mo. Sup. Ct. January 11, 2005."; and


              Further amend the title and enacting clause accordingly.


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


            Representative Lipke offered House Amendment No. 5.


House Amendment No. 5


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 420 & 344, Section 217.860, Page 13, Line 3, by deleting the phrase “for nonviolent offenders” on said line; and

 

              Further amend said bill, Section 217.860, Page 13, Line 12, by deleting the word “nonviolent” on said line; and


              Further amend said bill, Section 217.860, Page 13, Lines 14-16, by deleting all of said lines and renumbering remaining subdivisions accordingly; and


              Further amend said bill, Section 217.860, Page 13, Line 17, by deleting the word “nonviolent” on said line; and


              Further amend said bill, Section 217.860, Page 13, Lines 18-19, by deleting all of said lines and inserting in lieu thereof the following:


              (5) Information and research to assist the task force in determining which classes of offenders should be targeted in alternative sentencing programs”; and


              Further amend said bill, Section 217.860, Page 13, Lines 24-25, by deleting all of said lines and inserting in lieu thereof the following:


              (3) Two probation and parole officers or supervisors who shall be appointed by the director of the division of probation and”; and


              Further amend said bill, Section 217.860, Page 14, Lines 30-31, by deleting all of said lines and inserting in lieu thereof the following:


              (5) Two circuit or associate circuit judges who shall be appointed by the governor;”; and


              Further amend said bill, Section 217.860, Page 14, Line 32, by deleting the word “Three” on said line and inserting in lieu thereof the word “Two”; and


              Further amend said bill, Section 217.860, Page 14, Line 34, by inserting after the word “governor” on said line the following:


              (8) Two members of the house of representatives, one of whom shall be appointed by the speaker of the house and one of whom shall be appointed by the house minority leader;

              (9) Two members of the senate, one of whom shall be appointed by the president pro tem of the senate and one of whom shall be appointed by the senate minority leader”; and


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


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


            Representative Wright (137) offered House Amendment No. 6.


House Amendment No. 6


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 420 & 344, Page 8, Section 105.711, Line 184, by inserting after all of said line the following:


              "210.116. 1. Except as otherwise provided in section 207.085, RSMo, a private contractor, as defined in subdivision (4) of section 210.110, with the children's division that receives state moneys from the division or the department for providing services to children and their families shall have qualified immunity from civil liability for providing such services when the child is not in the physical care of such private contractor to the same extent that the children's division has qualified immunity from civil liability when the division or department directly provides such services.

              2. This section shall not apply if a private contractor described above knowingly violates a stated or written policy of the division, any rule promulgated by the division, or any state law directly related to child abuse and neglect or any local ordinance relating to the safety condition of the property."; and


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


            On motion of Representative Wright (137), House Amendment No. 6 was adopted.


            Representative Pratt offered House Amendment No. 7.


            Representative Byrd raised a point of order that House Amendment No. 7 goes beyond the scope of the bill.


            The Chair ruled the point of order well taken.


            Representative Vogt offered House Amendment No. 8.


House Amendment No. 8


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 420 & 344, Section 452.340, Page 18, Line 62, by inserting after the word “hours” on said line the following:


              ; however such five-month period of abatement shall only be granted one time for each child”; and


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


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


            Representative Bringer offered House Amendment No. 9.


House Amendment No. 9


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 420 & 344, Section 557.036, Page 39, Line 52, by inserting after all of said line the following:


              “570.123. Civil action for damages for passing bad checks, only original holder may bring action--limitations--notice requirements--payroll checks, action to be against employer.--

              In addition to all other penalties provided by law, any person who makes, utters, draws, or delivers any check, draft, or order for the payment of money upon any bank, savings and loan association, credit union, or other depositary, financial institution, person, firm, or corporation which is not honored because of lack of funds or credit to pay or because of not having an account with the drawee and who fails to pay the amount for which such check, draft, or order was made in cash to the holder within thirty days after notice and a written demand for payment, deposited as certified or registered mail in the United States mail, or by regular mail, supported by an affidavit of service by mailing, notice deemed conclusive three days following the date the affidavit is executed, and addressed to the maker and to the endorser, if any, of the check, draft, or order at each of their addresses as it appears on the check, draft, or order or to the last known address, shall, in addition to the face amount owing upon such check, draft, or order, be liable to the holder for three times the face amount owed or one hundred dollars, whichever is greater, plus reasonable attorney fees incurred in bringing an action pursuant to this section. Only the original holder, whether the holder is a person, bank, savings and loan association, credit union, or other depository, financial institution, firm or corporation, may bring an action pursuant to this section. No original holder shall bring an action pursuant to this section if the original holder has been paid the face amount of the check and costs recovered by the prosecuting attorney or circuit attorney pursuant to subsection 6 of section 570.120. If the issuer of the check has paid the face amount of the check and costs pursuant to subsection 6 of section 570.120, such payment shall be an affirmative defense to any action brought pursuant to this section. The original holder shall elect to bring an action pursuant to this section or section 570.120, but may not bring an action pursuant to both sections. In no event shall the damages allowed pursuant to this section exceed five hundred dollars, exclusive of reasonable attorney fees. In situations involving payroll checks, the damages allowed pursuant to this section shall only be assessed against the employer who issued the payroll check and not against the employee to whom the payroll check was issued. The provisions of sections 408.140 and 408.233, RSMo, to the contrary notwithstanding, a lender may bring an action pursuant to this section. The provisions of this section will not apply in cases where there exists a bona fide dispute over the quality of goods sold or services rendered.”; and


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


            On motion of Representative Bringer, House Amendment No. 9 was adopted.


            Representative Hughes offered House Amendment No. 10.


House Amendment No. 10


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 420 & 344, Section 590.180, Page 42, Line 29, by inserting after all of said line the following:


              595.211. 1. Beginning January 1, 2006, the court in any criminal case involving any sexual offense under chapter 566, 568, or 573, RSMo, shall order that the personally identifying information of any victim of such offense, regardless of age or sex, shall be redacted from any court records of such case prior to such records being made available to any person other than those listed in subsection 3 of this section. The court shall order that such information be redacted unless:

              (1) The victim consents to the release of the personally identifying information or any portion thereof;

              (2) The court on its own motion orders the release of the information or any portion thereof; or

              (3) The court for good cause shown by motion of any party at any time orders the release of the information or any portion thereof.

              2. In any order redacting any personally identifying information pursuant to subsection 1 of this section, the court shall require that the victim's name be replaced with the name Jane Doe for female victims or John Doe for male victims, prior to the release of any such records to any person not listed in subsection 3 of this section.

              3. The only persons who shall have access to the victims' personally identifying information pursuant to the provisions of this section are the victim, the court, the department of corrections, law enforcement officers, prosecuting or circuit attorneys and their staff members. The defendant, and the defendant's attorneys shall have access only to such personally identifying information as the court deems necessary to ensure the rights of the defendant.

              4. For the purposes of this section, “personally identifying information” shall include but not be limited to the victim’s name, address, date of birth, social security number, and telephone number.”; and


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


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


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




House Amendment No. 11


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 420 & 344, Section 210.117, Pages 9-10, Lines 30-42, by deleting all of said lines and inserting in lieu thereof the following:


              3. In any case where the children’s division determines, based on a substantiated report of child abuse, that a child has abused another child, the abusing child shall be prohibited from returning to or residing in any residence, facility, or school within one thousand feet of the residence of the abused child, unless and until a court of competent jurisdiction determines that the alleged abuse did not occur or the abused child reaches the age of eighteen, whichever earlier occurs. The provisions of this subsection shall not apply when the abusing child and the abused child are children living in the same home.”; and


              Further amend said bill, Section 211.038, Page 13, Lines 31-36, by deleting all of said lines and inserting in lieu thereof the following:


              “211.181. 1. When a child or person seventeen years of age is found by the court to come within the applicable provisions of subdivision (1) of subsection 1 of section 211.031, the court shall so decree and make a finding of fact upon which it exercises its jurisdiction over the child or person seventeen years of age, and the court may, by order duly entered, proceed as follows:

              (1) Place the child or person seventeen years of age under supervision in his own home or in the custody of a relative or other suitable person after the court or a public agency or institution designated by the court conducts an investigation of the home, relative or person and finds such home, relative or person to be suitable and upon such conditions as the court may require;

              (2) Commit the child or person seventeen years of age to the custody of:

              (a) A public agency or institution authorized by law to care for children or to place them in family homes; except that, such child or person seventeen years of age may not be committed to the department of social services, division of youth services;

              (b) Any other institution or agency which is authorized or licensed by law to care for children or to place them in family homes;

              (c) An association, school or institution willing to receive the child or person seventeen years of age in another state if the approval of the agency in that state which administers the laws relating to importation of children into the state has been secured; or

              (d) The juvenile officer;

              (3) Place the child or person seventeen years of age in a family home;

              (4) Cause the child or person seventeen years of age to be examined and treated by a physician, psychiatrist or psychologist and when the health or condition of the child or person seventeen years of age requires it, cause the child or person seventeen years of age to be placed in a public or private hospital, clinic or institution for treatment and care; except that, nothing contained herein authorizes any form of compulsory medical, surgical, or psychiatric treatment of a child or person seventeen years of age whose parents or guardian in good faith are providing other remedial treatment recognized or permitted under the laws of this state;

              (5) The court may order, pursuant to subsection 2 of section 211.081, that the child receive the necessary services in the least restrictive appropriate environment including home and community-based services, treatment and support, based on a coordinated, individualized treatment plan. The individualized treatment plan shall be approved by the court and developed by the applicable state agencies responsible for providing or paying for any and all appropriate and necessary services, subject to appropriation, and shall include which agencies are going to pay for and provide such services. Such plan must be submitted to the court within thirty days and the child's family shall actively participate in designing the service plan for the child or person seventeen years of age;

              (6) The department of social services, in conjunction with the department of mental health, shall apply to the United States Department of Health and Human Services for such federal waivers as required to provide services for such children, including the acquisition of community-based services waivers.

              2. When a child is found by the court to come within the provisions of subdivision (2) of subsection 1 of section 211.031, the court shall so decree and upon making a finding of fact upon which it exercises its jurisdiction over the child, the court may, by order duly entered, proceed as follows:

              (1) Place the child under supervision in his own home or in custody of a relative or other suitable person after the court or a public agency or institution designated by the court conducts an investigation of the home, relative or person and finds such home, relative or person to be suitable and upon such conditions as the court may require;

              (2) Commit the child to the custody of:

              (a) A public agency or institution authorized by law to care for children or place them in family homes; except that, a child may be committed to the department of social services, division of youth services, only if he is presently under the court's supervision after an adjudication under the provisions of subdivision (2) or (3) of subsection 1 of section 211.031;

              (b) Any other institution or agency which is authorized or licensed by law to care for children or to place them in family homes;

              (c) An association, school or institution willing to receive it in another state if the approval of the agency in that state which administers the laws relating to importation of children into the state has been secured; or

              (d) The juvenile officer;

              (3) Place the child in a family home;

              (4) Cause the child to be examined and treated by a physician, psychiatrist or psychologist and when the health or condition of the child requires it, cause the child to be placed in a public or private hospital, clinic or institution for treatment and care; except that, nothing contained herein authorizes any form of compulsory medical, surgical, or psychiatric treatment of a child whose parents or guardian in good faith are providing other remedial treatment recognized or permitted under the laws of this state;

              (5) Assess an amount of up to ten dollars to be paid by the child to the clerk of the court.


Execution of any order entered by the court pursuant to this subsection, including a commitment to any state agency, may be suspended and the child placed on probation subject to such conditions as the court deems reasonable. After a hearing, probation may be revoked and the suspended order executed.

              3. When a child is found by the court to come within the provisions of subdivision (3) of subsection 1 of section 211.031, the court shall so decree and make a finding of fact upon which it exercises its jurisdiction over the child, and the court may, by order duly entered, proceed as follows:

              (1) Place the child under supervision in his or her own home or in custody of a relative or other suitable person after the court or a public agency or institution designated by the court conducts an investigation of the home, relative or person and finds such home, relative or person to be suitable and upon such conditions as the court may require; provided that, no child who has been adjudicated a delinquent by a juvenile court for committing or attempting to commit a sex-related offense which if committed by an adult would be considered a felony offense pursuant to chapter 566, RSMo, including but not limited to rape, forcible sodomy, child molestation, and sexual abuse, and in which the victim was a child, shall be placed in any residence within one thousand feet of the residence of the victim of that offense until the victim reaches the age of eighteen, and provided further that the provisions of this subdivision regarding placement within one thousand feet of the victim child shall not apply when the abusing child and the victim are children living in the same home;

              (2) Commit the child to the custody of:

              (a) A public agency or institution authorized by law to care for children or to place them in family homes;

              (b) Any other institution or agency which is authorized or licensed by law to care for children or to place them in family homes;

              (c) An association, school or institution willing to receive it in another state if the approval of the agency in that state which administers the laws relating to importation of children into the state has been secured; or

              (d) The juvenile officer;

              (3) Beginning January 1, 1996, the court may make further directions as to placement with the division of youth services concerning the child's length of stay. The length of stay order may set forth a minimum review date;

              (4) Place the child in a family home;

              (5) Cause the child to be examined and treated by a physician, psychiatrist or psychologist and when the health or condition of the child requires it, cause the child to be placed in a public or private hospital, clinic or institution for treatment and care; except that, nothing contained herein authorizes any form of compulsory medical, surgical, or psychiatric treatment of a child whose parents or guardian in good faith are providing other remedial treatment recognized or permitted under the laws of this state;

              (6) Suspend or revoke a state or local license or authority of a child to operate a motor vehicle;

              (7) Order the child to make restitution or reparation for the damage or loss caused by his offense. In determining the amount or extent of the damage, the court may order the juvenile officer to prepare a report and may receive other evidence necessary for such determination. The child and his attorney shall have access to any reports which may be prepared, and shall have the right to present evidence at any hearing held to ascertain the amount of damages. Any restitution or reparation ordered shall be reasonable in view of the child's ability to make payment or to perform the reparation. The court may require the clerk of the circuit court to act as receiving and disbursing agent for any payment ordered;

              (8) Order the child to a term of community service under the supervision of the court or of an organization selected by the court. Every person, organization, and agency, and each employee thereof, charged with the supervision of a child under this subdivision, or who benefits from any services performed as a result of an order issued under this subdivision, shall be immune from any suit by the child ordered to perform services under this subdivision, or any person deriving a cause of action from such child, if such cause of action arises from the supervision of the child's performance of services under this subdivision and if such cause of action does not arise from an intentional tort. A child ordered to perform services under this subdivision shall not be deemed an employee within the meaning of the provisions of chapter 287, RSMo, nor shall the services of such child be deemed employment within the meaning of the provisions of chapter 288, RSMo. Execution of any order entered by the court, including a commitment to any state agency, may be suspended and the child placed on probation subject to such conditions as the court deems reasonable. After a hearing, probation may be revoked and the suspended order executed;

              (9) When a child has been adjudicated to have violated a municipal ordinance or to have committed an act that would be a misdemeanor if committed by an adult, assess an amount of up to twenty-five dollars to be paid by the child to the clerk of the court; when a child has been adjudicated to have committed an act that would be a felony if committed by an adult, assess an amount of up to fifty dollars to be paid by the child to the clerk of the court.

              4. Beginning January 1, 1996, the court may set forth in the order of commitment the minimum period during which the child shall remain in the custody of the division of youth services. No court order shall require a child to remain in the custody of the division of youth services for a period which exceeds the child's eighteenth birth date except upon petition filed by the division of youth services pursuant to subsection 1 of section 219.021, RSMo. In any order of commitment of a child to the custody of the division of youth services, the division shall determine the appropriate program or placement pursuant to subsection 3 of section 219.021, RSMo. Beginning January 1, 1996, the department shall not discharge a child from the custody of the division of youth services before the child completes the length of stay determined by the court in the commitment order unless the committing court orders otherwise. The director of the division of youth services may at any time petition the court for a review of a child's length of stay commitment order, and the court may, upon a showing of good cause, order the early discharge of the child from the custody of the division of youth services. The division may discharge the child from the division of youth services without a further court order after the child completes the length of stay determined by the court or may retain the child for any period after the completion of the length of stay in accordance with the law.

              5. When an assessment has been imposed under the provisions of subsection 2 or 3 of this section, the assessment shall be paid to the clerk of the court in the circuit where the assessment is imposed by court order, to be deposited in a fund established for the sole purpose of payment of judgments entered against children in accordance with section 211.185."; and


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


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


            On motion of Representative Byrd, HCS SCS SBs 420 & 344, as amended, was adopted.


            On motion of Representative Byrd, HCS SCS SBs 420 & 344, as amended, was read the third time and passed by the following vote:


AYES: 147

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bean

Bearden

Behnen

Bivins

Black

Bland

Bringer

Brown 30

Brown 50

Bruns

Burnett

Byrd

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Darrough

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Fraser

George

Goodman

Guest

Harris 23

Harris 110

Henke

Hobbs

Hughes

Hunter

Icet

Jackson

Johnson 47

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

Page

Parker

Parson

Pearce

Phillips

Pollock

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

Wagner

Wallace

Walsh

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 012

 

 

 

 

 

 

 

 

 

Bowman

Daus

El-Amin

Franz

Haywood

Hoskins

Hubbard

Johnson 61

Oxford

Villa

Walton

Wright-Jones

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Brooks

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 002

 

 

 

 

 

 

Boykins

Vogt

 

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            SB 280, relating to licensure of cosmetologists, was taken up by Representative Wasson.


            Representative Ruestman offered House Amendment No. 1.


House Amendment No. 1


AMEND Senate Bill No. 280, Page 1, Section A, Line 2, by inserting after all of said line the following:


              "328.010. As used in this chapter, unless the context clearly indicates otherwise, the following terms mean:

              (1) "Barber", any person who is engaged in the capacity so as to shave the beard or cut and dress the hair for the general public, shall be construed as practicing the occupation of "barber", and the said barber or barbers shall be required to fulfill all requirements within the meaning of this chapter;

              (2) "Barber establishment", that part of any building wherein or whereupon any occupation of barbering is being practiced including any space or barber chair rented within a licensed establishment by a person licensed under this chapter, for the purpose of rendering barbering services;

              (3) "Board", the board of cosmetology and barber examiners;

              (4) "Cross-over license", a license that is issued to any person who has met the licensure and examination requirements for both barbering and cosmetology;

              (5) "School of barbering", an establishment operated for the purpose of teaching barbering as defined in subdivision (1) of this section.


              328.015. 1. Upon appointment by the governor and confirmation by the senate of the board, the board of barber examiners shall be abolished and its duties and responsibilities shall merge into the board as established under section 329.015, RSMo. The board shall be a continuance of and shall carry out the duties of the board of barber examiners.

              2. Upon appointment by the governor and confirmation by the senate of the board, all of the powers, duties, and functions of the board of barber examiners shall be transferred to, conferred, and imposed upon the board. The board shall be the successor in every way to the powers, duties, and functions of the board of barber examiners.

              3. Every act performed in the exercise of such powers, duties, and authorities by or under the authority of the board shall be deemed to have the same force and effect as if performed by the board of barber examiners under this chapter, including any amendments thereto effective with the passage of this section or prior to the effective date of this section.

              4. All rules of the board of barber examiners and any amendments to such rules shall continue to be effective and shall be deemed to be duly adopted rules of the board until revised, amended, or repealed by the board. The board shall review such rules and shall adopt new rules as required for the administration of this chapter for barbers and cosmetologists.

              5. Any person or entity licensed or provisionally licensed by the board of barber examiners prior to the appointment by the governor and confirmation by the senate of the board, shall be considered licensed in the same manner by the board.


              328.020. It shall be unlawful for any person to [follow] practice the occupation of a barber in this state, unless he or she shall have first obtained a [certificate of registration] license, as provided in this chapter.


              328.070. [Such] The board shall hold public examinations at least four times in each year, at such times and places as it may deem advisable, notice of such [meetings] examinations to be [given by publication thereof] published at least ten days prior to [such meetings, in at least two newspapers published in this state, in the locality of each proposed meeting] the date of the examination. The board shall publish its notice of the examination date, place, and time in any manner that it deems appropriate. In lieu of holding its own examinations for barber applicants, the board may contract with an outside entity qualified to examine applicants for licensure.


              328.075. 1. Any person desiring to practice as an apprentice for barbering in this state shall apply to the board, [register] shall be registered as an apprentice with the board, and shall pay the appropriate fees prior to beginning their apprenticeship. Barber apprentices shall be of good moral character and shall be at least seventeen years of age.

              2. Any person desiring to act as an apprentice supervisor for barbering in this state shall first possess a license to practice the occupation of barbering, apply to the board, pay the appropriate fees, complete an eight-hour apprentice supervision instruction course certified by the board, and be issued a [certificate of registration] license as a barber apprentice supervisor prior to supervising barber apprentices.

              3. The board may promulgate rules establishing the criteria for the supervision and training of barber apprentices.

              4. 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, 2004, shall be invalid and void.


              328.080. 1. Any person desiring to practice barbering in this state shall make application for a [certificate] license to the board and shall pay the required barber examination fee. [He or she shall be present at the next regular meeting of the board for the examination of applicants.]

              2. The board shall examine [the] each qualified applicant and, upon successful completion of the examination and payment of the required [registration] license fee, shall issue [to him or her] the applicant a [certificate of registration] license authorizing him or her to practice the [trade] occupation of barber in this state [and enter his name in the register herein provided for]. The board shall admit an applicant to the examination, if it finds that he or she:

              (1) Is seventeen years of age or older and of good moral character;

              (2) Is free of contagious or infectious diseases;

              (3) Has studied for at least one thousand hours in a period of not less than six months in a properly appointed and conducted barber school under the direct supervision of a licensed instructor; or, if the applicant is an apprentice, the applicant shall have served and completed no less than two thousand hours under the direct supervision of a licensed barber apprentice supervisor;

              (4) Is possessed of requisite skill in the trade of barbering to properly perform the duties thereof, including the preparation of tools, shaving, haircutting and all the duties and services incident thereto; and

              (5) Has sufficient knowledge of the common diseases of the face and skin to avoid the aggravation and spread thereof in the practice of barbering.

              3. The board shall be the judge of whether the barber school, the barber apprenticeship, or college is properly appointed and conducted under proper instruction to give sufficient training in the trade.

              4. The sufficiency of the qualifications of applicants shall be determined by the board.

              5. For the purposes of meeting the minimum requirements for examination, the apprentice training shall be recognized by the board for a period not to exceed five years.


              328.085. 1. The board shall grant without examination a license to practice barbering to any applicant who holds a [valid] current barber's license which is issued by another state or territory whose requirements for licensure were equivalent to the licensing requirements in effect in Missouri at the time the applicant was licensed or who has practiced the trade in another state for at least two consecutive years. An applicant under this section shall pay the appropriate application and licensure fees at the time of making application. A licensee who is currently under disciplinary action with another board of barbering shall not be licensed by reciprocity under the provisions of this chapter.

              2. Any person who has lawfully practiced or received training in another state who does not qualify for licensure without examination may apply to the board for licensure by examination. Upon application to the board, the board shall evaluate the applicant's experience and training to determine the extent to which the applicant's training and experience satisfies current Missouri licensing requirements and shall notify the applicant regarding his deficiencies and inform the applicant of the action which he must take to qualify to take the examination.

               3. The applicant for licensure under this section shall pay a fee equivalent to the barber examination fee.


              328.090. Any person desiring to teach barbering in this state in a barber school, college or barber shop must first possess a [certificate of registration] license to practice the occupation of barbering and make application to [appear before said] the board for an examination as a teacher or instructor in said occupation and shall pay the required instructor examination fee. The board shall examine such applicant and after finding that he or she is duly qualified to teach said occupation, [said] the board shall issue to him or her a [certificate of registration] license entitling him or her to teach barbering in this state, subject to all the provisions of this chapter. Holders of [certificates] licenses to teach barbering shall, on or before the expiration of their respective [certificates] licenses, make application for the renewal of same, and shall in each case pay the instructor renewal fee. Should any person holding a [certificate] license to teach barbering fail to renew same within the time prescribed herein, such person shall be required to pay a reinstatement fee in addition to the regular [registration] license fee provided for herein. Any person failing to renew his [certificate of registration] or her license to teach barbering for a period not exceeding two years may reinstate said [certificate of registration] license upon the payment of the renewal fee in addition to the reinstatement fee, but any person failing to renew his [certificate of registration] or her license to teach barbering for a period exceeding two years and desiring to be [reregistered] licensed as a teacher of barbering in this state will be required to [appear before said board and] pass a satisfactory examination as to his or her qualifications to teach barbering and shall pay the instructor examination fee.

              328.110. 1. Every person engaged in barbering shall on or before the renewal date apply for the renewal of his or her [certificate of registration] license.

              2. Each application for renewal shall state the number of [applicant's] the licensee's expiring [certificate] license, and be accompanied by his or her renewal fee. Any person holding a [certificate of registration] license as a barber, except as herein provided, who fails to apply for renewal within two months of the expiration date of his or her [certificate of registration] license, shall pay a reinstatement fee in addition to the regular [registration] license renewal fee. Any person who fails to renew his or her [certificate of registration] license, except as herein provided, for a period not exceeding two years may reinstate his or her [certificate of registration] license upon payment of the [registration] license renewal fee for each delinquent year in addition to the reinstatement fee prescribed herein, but any barber, except as herein provided, who fails to renew his or her [certificate of registration] license for a period exceeding two years but less than five years and desires to be [reregistered] licensed as a barber in this state will be required to [appear before the board and] pass the practicum portion of the [state] state's licensing examination as to his or her qualifications to practice barbering and shall pay the barber examination fee.

              3. A holder of a [certificate of registration] barber license who has been honorably discharged from the United States armed forces, and has not renewed his or her [certificate of registration] license as herein provided, shall, upon his or her return to barbering within one year from date of honorable discharge, pay one dollar for renewal of same.


              328.115. 1. The owner of every shop or establishment in which the occupation of barbering is practiced shall obtain a [certificate of registration] license for such shop or establishment issued by the board before barbering is practiced therein. A new [certificate of registration] license shall be obtained for a barber shop or establishment before barbering is practiced therein when the shop or establishment changes ownership or location.

              2. The board shall issue a [certificate of registration] license for a shop or establishment upon receipt of [a registration] the license fee from the applicant if the board finds that the shop or establishment complies with the sanitary regulations adopted pursuant to section 328.060. All shops or establishments shall continue to comply with the sanitary regulations. Failure of a shop or establishment to comply with the sanitary regulations shall be grounds for the board to file a complaint with the administrative hearing commission to revoke or suspend the [certificate of registration] license for the shop or censure or place on probation the holder thereof.

              3. The [certificate of registration] license for a shop or establishment shall be renewable. The applicant for renewal of the [certificate] license shall on or before the renewal date submit [a] the completed renewal application accompanied by the required renewal fee. If the renewal application and fee [is] are not submitted [on or before] within thirty days following the renewal date [and if the fee remains unpaid for thirty days thereafter], a penalty fee plus the renewal fee shall be paid to renew the [certificate] license. If a new shop opens any time during the licensing period and does not register a license before opening, there shall be a delinquent fee in addition to the regular fee. The [certificate of registration must] license shall be kept posted in plain view within the shop or establishment at all times.  

              328.120. 1. Any firm, corporation or person, [desiring to conduct a barber school or college in this state, shall first secure from the board a permit to do so, and shall keep the same prominently displayed. There shall be a permit fee to be paid on or before the permit renewal date.] may make application to the board for a license to own and operate a barber school or college on the form prescribed by the board. Every barber school or college in which the occupation of barbering is taught shall be required to obtain a license from the board prior to opening. The license shall be issued upon approval of the application by the board, the payment of the required fees, and the board’s determination that the applicant meets all other requirements of this chapter and any rules promulgated thereunder. The license shall be kept posted in plain view within the barber school or college at all times.

              2. A barber school or college license renewal application and fee shall be submitted on or before the renewal date of any school or college license issued under this section. If the barber school or college license renewal fee is not paid on or before the renewal date, a late fee shall be added to the regular license renewal fee.

              3. The board shall promulgate rules and regulations regarding the course of study in [the] a barber school or college, and may revoke any [permit] license issued hereunder for any violation of the provisions of this section or rule promulgated pursuant to this section. The board shall follow the procedure prescribed by chapter 621, RSMo, to revoke a barber school [permit] license. [Permits] License shall not be restricted to any one group or person but shall be granted to any reasonably qualified person or group under a fair and nondiscriminating method of determination.

              [2.] 4. There shall be not less than one teacher or instructor for every fifteen students in any barber school or college holding a [permit] license under this section.

              [3.] 5. The barber school or college shall immediately file with the board the name and age of each student entering the school, and the board shall cause the same to be entered in a register kept for that purpose. A registration fee shall be paid by the student.

              [4.] 6. The barber school or college shall certify to the board the names of all students who successfully completed a course of study approved by the board and consisting of at least one thousand hours of study under the direct supervision of a licensed instructor in a period of not less than six months.

              [5.] 7. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.


              328.130. [There shall be furnished to each person to whom a certificate of registration is issued a card or certificate certifying that] The board shall issue a printed license to each person successfully meeting the board’s requirements for licensure, which shall be evidence the holder thereof is entitled to practice the occupation of [barber] barbering in this state[, and it shall be the duty of the holder of such card or certificate to]. The licensee shall post [the same] his or her license in a conspicuous place in front of his or her working chair where it may be readily seen by all persons whom he or she may serve.


              328.160. Any person practicing the occupation of [barber] barbering without having obtained a [certificate of registration or permit] license as provided in this chapter, or willfully employing a barber who [has not such certificate or permit] does not hold a valid license issued by the board, managing or conducting a barber school or college[,] without first securing a [permit] license from [such] the board, or falsely pretending to be qualified to practice as a barber or instructor or teacher of such occupation under this chapter, or failing to keep [the certificate, card or permit mentioned in] any license required by this chapter properly displayed or for any extortion or overcharge practiced, and any barber college, firm, corporation or person operating or conducting a barber college without first having secured the [permit provided for] license required by this chapter, or failing to comply with such sanitary rules as the board, in conjunction with the department of health and senior services, prescribes, or for the violation of any of the provisions of this chapter, shall be deemed guilty of a class C misdemeanor. Prosecutions under this chapter shall be initiated and carried on in the same manner as other prosecutions for misdemeanors in this state.


              329.010. As used in this chapter, unless the context clearly indicates otherwise, the following words and terms mean:

              (1) "Accredited school of cosmetology or school of manicuring", an establishment operated for the purpose of teaching cosmetology as defined in this section and meeting the criteria set forth under 34 C.F.R. Part 600, sections 600.1 and 600.2;

              (2) "Apprentice" or "student", a person who is engaged in training within a cosmetology establishment or school, and while so training performs any of the practices of the classified occupations within this chapter under the immediate direction and supervision of a [registered] licensed cosmetologist or instructor;

              [(2)] (3) "Board", the state board of cosmetology and barber examiners;

              [(3)] (4) "Cosmetologist", any person who, for compensation, engages in the practice of cosmetology, as defined in subdivision [(4)] (5) of this section;

              [(4)] (5) "Cosmetology" includes performing or offering to engage in any acts of the classified occupations of cosmetology for compensation, which shall include:

              (a) "Class CH - hairdresser" includes arranging, dressing, curling, singeing, waving, permanent waving, cleansing, cutting, bleaching, tinting, coloring or similar work upon the hair of any person by any means; or removing superfluous hair from the body of any person by means other than electricity, or any other means of arching or tinting eyebrows or tinting eyelashes. Class CH - hairdresser, also includes, any person who either with the person's hands or with mechanical or electrical apparatuses or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams engages for compensation in any one or any combination of the following: massaging, cleaning, stimulating, manipulating, exercising, beautifying or similar work upon the scalp, face, neck, arms or bust;

              (b) "Class MO - manicurist" includes cutting, trimming, polishing, coloring, tinting, cleaning or otherwise beautifying a person's fingernails, applying artificial fingernails, massaging, cleaning a person's hands and arms; pedicuring, which includes, cutting, trimming, polishing, coloring, tinting, cleaning or otherwise beautifying a person's toenails, applying artificial toenails, massaging and cleaning a person's legs and feet;

              (c) "Class CA - hairdressing and manicuring" includes all practices of cosmetology, as defined in paragraphs (a) and (b) of this subdivision;

              (d) "Class E - estheticians" includes the use of mechanical, electrical apparatuses or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams, not to exceed ten percent phenol, engages for compensation, either directly or indirectly, in any one, or any combination, of the following practices: massaging, cleansing, stimulating, manipulating, exercising, beautifying or similar work upon the scalp, face, neck, ears, arms, hands, bust, torso, legs or feet and removing superfluous hair by means other than electric needle or any other means of arching or tinting eyebrows or tinting eyelashes, of any person;

              [(5)] (6) "Cosmetology establishment", that part of any building wherein or whereupon any of the classified occupations are practiced including any space rented within a licensed establishment by a person licensed under this chapter, for the purpose of rendering cosmetology services;

              [(6)] (7) "Cross-over license", a license that is issued to any person who has met the licensure and examination requirements for both barbering and cosmetology;

              (8) "Hairdresser", any person who, for compensation, engages in the practice of cosmetology as defined in paragraph (a) of subdivision [(4)] (5) of this section;

              [(7)] (9) "Instructor", any person who is licensed to teach cosmetology or any practices of cosmetology pursuant to this chapter;

              [(8)] (10) "Manicurist", any person who, for compensation, engages in any or all of the practices in paragraph (b) of subdivision [(4)] (5) of this section;

              [(9)] (11) "Parental consent", the written informed consent of a minor’s parent or legal guardian that must be obtained prior to providing body waxing on or near the genitalia;

              (12) "School of cosmetology" or "school of manicuring", an establishment operated for the purpose of teaching cosmetology as defined in subdivision [(4)] (5) of this section.


              329.015. 1. There is hereby created and established a "Board of Cosmetology and Barber Examiners" for the purpose of licensing all persons engaged in the practice of cosmetology, manicuring, esthetics, and barbering, including but not limited to shaving or trimming the beard or cutting the hair; and to fulfill all other duties and responsibilities delegated by chapter 328, RSMo, as it pertains to barbers and this chapter as it pertains to cosmetologists. The duties and responsibilities of the board of cosmetology and barber examiners as such duties and responsibilities pertain to barbers and cosmetologists shall not take full force and effect until such time as the governor appoints the members of the board of cosmetology and barber examiners and the appointments are confirmed by the senate. At such time, the powers and duties of the board of barber examiners and the state board of cosmetology shall be merged into the board under section 329.023.

              2. The governor shall appoint members to the board by and with the advice and consent of the senate. The board shall consist of eleven members each of whom are United States citizens and who have been residents of this state for at least one year immediately preceding their appointment. Of these eleven members, three shall be licensed cosmetologists holding a Class CA license classification, one shall be an accredited cosmetology school owner as defined in section 329.010, one shall be the owner of a school licensed under subsection 1 of section 329.040, one shall be a cosmetologist with a license of any type of cosmetology classification, three shall be licensed barbers, and two shall be voting public members. All members, except the public members and the accredited cosmetology school owner member, shall be cosmetologists and barbers duly registered as such and licensed under the laws of this state and shall have been actively engaged in the lawful practice of their profession for a period of at least five years immediately preceding their appointment. All members of the board, including public members and the accredited cosmetology school owner member, shall be chosen from lists submitted by the director of the division of professional registration.

              3. Upon the appointment of the initial board members, at least two cosmetologist members and two barber members shall be appointed by the governor to serve a term of four years; two cosmetologist members, one barber member and a public member shall be appointed to serve a term of three years, and the remaining members of the initial board shall be appointed for a term of two years. Thereafter, all members shall be appointed by the governor by and with the advice and consent of the senate to serve four-year terms. The governor shall appoint members to fill any vacancies, whether it occurs by the expiration of a term or otherwise; provided, however, that any board member shall serve until his or her successor is appointed and duly qualified. No person shall be eligible for reappointment that has served as a member of the board for a total of twelve years.

              4. At the time of appointment, the public members shall be citizens of the United States, residents of this state for a period of at least one year immediately preceding their appointment, and a registered voter. The public members and the spouse of such members shall be persons who are not and never were a member of any profession licensed or regulated by the board. The public members and the spouse of such members shall be persons who do not have and never have had a material financial interest in the provision of the professional services regulated by the board, or an activity or organization directly related to any professions licensed or regulated by the board. The duties of the public members and the accredited school owner member shall not include the determination of the technical requirements to be met for licensure, or whether any person meets such technical requirements, or of the technical competence or technical judgment of a licensee or a candidate for licensure.

              5. Any member who is a school owner shall not be allowed access to the testing and examination materials nor shall any such member be allowed to attend the administration of the examinations, except when such member is being examined for licensure.

              6. The members of the board shall receive as compensation for their services the sum set by the board not to exceed seventy dollars for each day actually spent in attendance at meetings of the board plus actual and necessary expenses.


              329.023. 1. Upon appointment by the governor and confirmation by the senate of the board, the state board of cosmetology is abolished and its duties and responsibilities shall merge into the board as established under section 329.015. The board shall be a continuance of and shall carry out the duties of the state board of cosmetology.

              2. Upon appointment by the governor and confirmation by the senate of the board, all of the powers, duties, and functions of the state board of cosmetology are transferred to, conferred, and imposed upon the board. The board shall be the successor in every way to the powers, duties, and functions of the state board of cosmetology.

              3. Every act performed in the exercise of such powers, duties, and authorities by or under the authority of the board shall be deemed to have the same force and effect as if performed by the state board of cosmetology under this chapter, including any amendments thereto effective with the passage of this law or prior to the effective date of this section.

              4. All rules and regulations of the state board of cosmetology and any amendments thereto shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the board until revised, amended, or repealed by the board. The board shall review such rules and regulations and shall adopt new rules as required for the administration of the licensure law for barbers and cosmetologists.

              5. Any person or entity licensed or provisionally licensed by the state board of cosmetology prior to the appointment by the governor and confirmation by the senate of the board, shall be considered licensed in the same manner by the board of cosmetology and barber examiners.


              329.025. 1. The board shall have power to:

              (1) Prescribe by rule for the examination of applicants for licensure to practice the classified occupations of barbering and cosmetology and issue licenses;

              (2) Prescribe by rule for the inspection of barber and cosmetology establishments and schools and appoint the necessary inspectors and examining assistants;

              (3) Prescribe by rule for the inspection of establishments and schools of barbering and cosmetology as to their sanitary conditions and to appoint the necessary inspectors and, if necessary, examining assistants;

              (4) Set the amount of the fees that this chapter and chapter 328 authorize and require, by rules promulgated under section 536.021, RSMo. The fees shall be set at a level sufficient to produce revenue that shall not substantially exceed the cost and expense of administering this chapter and chapter 328;

              (5) Employ and remove board personnel, as set forth in subdivision (4) of subsection 15 of section 620.010, RSMo, including an executive secretary or comparable position, inspectors, investigators, legal counsel and secretarial support staff, as may be necessary for the efficient operation of the board, within the limitations of its appropriation;

              (6) Elect one of its members president, one vice president, and one secretary with the limitation that no single profession can hold the positions of president and vice president at the same time;

              (7) Promulgate rules necessary to carry out the duties and responsibilities designated by this chapter and chapter 328;

              (8) Determine the sufficiency of the qualifications of applicants; and

              (9) Prescribe by rule the minimum standards and methods of accountability for the schools of barbering and cosmetology licensed under this chapter and chapter 328.

              2. The board shall create no expense exceeding the sum received from time to time from fees imposed under this chapter and chapter 328.

              3. A majority of the board, with at least one representative of each profession being present, shall constitute a quorum for the transaction of business.

              4. The board shall meet not less than six times annually.

              5. 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 chapters 328 and 329 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 under 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, 2001, shall be invalid and void.


              329.028. 1. There is hereby created in the state treasury a fund to be known as the "Board of Cosmetology and Barber Examiners Fund", which shall consist of all moneys collected by the board. All fees provided for in this chapter and chapter 328 shall be payable to the director of the division of professional registration in the department of economic development, who shall keep a record of the account showing the total payments received and shall immediately thereafter transmit them to the department of revenue for deposit in the state treasury to the credit of the board of cosmetology and barber examiners fund. All the salaries and expenses for the operation of the board shall be appropriated and paid from such fund.

              2. The provisions of section 33.080, RSMo, to the contrary notwithstanding, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds two times the amount of the appropriation from the board's funds for the preceding fiscal year or, if the board requires by rule license renewal less frequently than yearly, then three times the appropriation from the board's funds for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the board's funds for the preceding fiscal year.

              3. Upon appointment by the governor and confirmation by the senate of the board, all moneys deposited in the board of barbers fund created in section 328.050, RSMo, and the state board of cosmetology fund created in section 329.240, shall be transferred to the board of cosmetology and barber examiners fund created in subsection 1 of this section. The board of barbers fund and the state board of cosmetology fund shall be abolished when all moneys are transferred to the board of cosmetology and barber examiners fund.


              329.035. 1. For the purposes of this section, "person employed in retail cosmetic sales" means any person who assists customers to select cosmetics by allowing the customer to apply samples of demonstration cosmetics, assisting the customer to apply cosmetics, or applying the cosmetic to the customer. There shall be no skin-to-skin contact between the salesperson and the customer. Assisted cosmetic applications by the customer or the person employed in retail cosmetic sales shall be performed with single-use applicators, except for perfume or cologne, samples applied to the hand or the arm or dispensed from a tube, pump, spray or shaker container, or samples or applicators that have been cleansed before each use or application. No person employed in retail cosmetic sales as provided in this section shall accept any remuneration from the customer for performing any of the acts described in this section or make such assistance or application conditioned on any sale.

              2. A [certificate of registration as provided in] license as required under section 329.030 is not required for persons who are employed in retail cosmetic sales if such persons do not hold themselves out to have a license, permit, certificate of registration or any other authority authorizing such person to practice the professions licensed by the board.

              3. The board may promulgate rules establishing minimum sanitation standards for persons employed in retail cosmetic sales, but such rules shall not require a sink at the cosmetic counter for a source and drainage of water or any other electrical sanitation equipment required in hairdressing or cosmetologist's or manicurist's shops licensed pursuant to this chapter. The board may inspect retail cosmetic sales establishments to ensure compliance with this section and rules promulgated thereunder.


              329.045. Every establishment in which the occupation of cosmetology is practiced shall be required to obtain a license from the [state] board [of cosmetology]. Every establishment required to be licensed shall pay to the [state] board an establishment fee for the first three licensed cosmetologists esthetician and/or manicurists, and/or apprentices and an additional fee for each additional licensee. The fee shall be due and payable on the renewal date and, if the fee remains unpaid thereafter, there shall be a late fee in addition to the regular establishment fee or, if a new establishment opens any time during the licensing period and does not register before opening, there shall be a delinquent fee in addition to the regular establishment fee. The license shall be kept posted in plain view within the establishment at all times."; and


              Further amend said bill, Page 3, Section 329.050, Line 58, by inserting after all of said line the following:


              "329.060. 1. Every person desiring to sit for the examination for any of the occupations provided for in this chapter shall file with the [state] board [of cosmetology] a written application on a form supplied to the applicant, and shall submit proof of the required age, educational qualifications, and of good moral character together with the required cosmetology examination fee. Each application shall contain a statement that it is made under oath or affirmation and that its representations are true and correct to the best knowledge and belief of the person signing same, subject to the penalties of making a false affidavit or declaration.

              2. Upon the filing of the application and the payment of the fee, the [state] board [of cosmetology] shall, upon request, issue to the applicant, if the applicant is qualified to sit for the examination, a temporary license [for a definite period of time, but not beyond the release of the results from the next regular examination of applicants] for the practicing of the occupations as provided in this chapter. Any person receiving a temporary license shall be entitled to practice the occupations designated on the temporary license, under the supervision of a person licensed in cosmetology, until the expiration of the temporary license. Any person continuing to practice the occupation beyond the expiration of the temporary license without being licensed in cosmetology as provided in this chapter is guilty of an infraction.


              329.070. 1. Apprentices or students shall be licensed with the board and shall pay a student fee or an apprentice fee prior to beginning their course, and shall be of good moral character and have an education equivalent to the successful completion of the tenth grade.

              2. An apprentice or student shall not be enrolled in a course of study that shall exceed [eight] twelve hours per day or that is less than three hours per day. The course of study shall be no more than [forty-eight] seventy-two hours per week and no less than fifteen hours per week.

              3. Every person desiring to act as an apprentice in any of the classified occupations within this chapter shall file with the board a written application on a form supplied to the applicant, together with the required apprentice fee.

              329.090. If the [state] board [of cosmetology] finds the applicant has submitted the credentials required for admission to the examination and has paid the required fee, the board shall admit such applicant to examination for licensure.


              329.100. The examination of applicants for licenses to practice under this chapter shall be conducted under the rules prescribed by the [state] board [of cosmetology] and shall include both practical demonstrations and written and oral tests in reference to the practices for which a license is applied and such related studies and subjects as the [state] board [of cosmetology] may determine necessary for the proper and efficient performance of such practices and shall not be confined to any specific system or method, and such examinations shall be consistent with the practical and theoretical requirements of the classified occupation or occupations as provided by this chapter.


              329.110. 1. If an applicant for examination for cosmetology passes the examination to the satisfaction of the [state] board [of cosmetology] and has paid the fee required and complied with the requirements pertaining to this chapter, the board shall cause to be issued a license to that effect. The license shall be evidence that the person to whom it is issued is entitled to engage in the practices, occupation or occupations stipulated therein as prescribed in this chapter. The license shall be conspicuously displayed in his or her principal office, place of business, or employment.

              2. Whenever anyone who has been licensed in accordance with this chapter practices any of the occupations authorized in this chapter outside of or away from the person's principal office, place of business, or employment, he or she shall deliver to each person in his or her care a certificate of identification. This certificate shall contain his or her signature, the number and date of his or her license, the post office address and the date upon which the certificate of identification is delivered to the person under his or her care.


              329.120. The holder of a license issued by the [state] board [of cosmetology] who continues in active practice or occupation shall on or before the license renewal date renew the holder's license and pay the renewal fee. A license which has not been renewed prior to the renewal date shall expire on the renewal date. The holder of an expired license may have the license restored within two years of the date of expiration without examination, upon the payment of a delinquent fee in addition to the renewal fee.


              329.130. [The state board of cosmetology shall dispense with examinations of an applicant, as provided in this chapter, and shall grant licenses under the respective sections upon the payment of the required fees, provided that the applicant has complied with the requirements of another state, territory of the United States, or, District of Columbia wherein the requirements for licensure are substantially equal to those in force in this state at the time application for the license is filed and upon due proof that the applicant at time of making application holds a current license in the other state, territory of the United States, or District of Columbia, and upon the payment of a fee equal to the examination and licensing fees required to accompany an application for a license in cosmetology.] 1. The board shall grant without examination a license to practice cosmetology to any applicant who holds a current license that is issued by another state, territory of the United States, or the District of Columbia whose requirements for licensure are substantially equal to the licensing requirements in Missouri at the time the application is filed or who has practiced cosmetology for at least two consecutive years in another state, territory of the United States, or the District of Columbia. The applicant under this subsection shall pay the appropriate application and licensure fees at the time of making application. A licensee who is currently under disciplinary action with another board of cosmetology shall not be licensed by reciprocity under the provisions of this chapter.

              2. Any person who lawfully practiced or received training in another state who does not qualify for licensure without examination may apply to the board for licensure by examination. Upon application to the board, the board shall evaluate the applicant’s experience and training to determine the extent to which the applicant’s training and experience satisfies current Missouri licensing requirements and shall notify the applicant regarding his or her deficiencies and inform the applicant of the action that he or she must take to qualify to take the examination. The applicant for licensure under this subsection shall pay the appropriate examination and licensure fees.


              329.265. [Until July 1, 1999, any person licensed in Missouri as a Class CH or CA cosmetologist pursuant to this chapter may be licensed as an esthetician without examination if such person applies to the state board of cosmetology and pays a fee, as established by the board. The state board of cosmetology shall notify, by October 1, 1998, by United States mail at their last known address, all persons licensed in Missouri as Class CH or CA cosmetologists of their rights as provided in this section to be licensed as an esthetician without examination.] After July 1, 1999, any licensed cosmetologist shall be required to complete the required training of seven hundred and fifty hours and pass the required examination to be licensed as an esthetician."; and


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


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


            On motion of Representative Wasson, SB 280, as amended, was read the third time and passed by the following vote:


AYES: 158

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bean

Bearden

Behnen

Bivins

Black

Bland

Bowman

Bringer

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

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 23

Harris 110

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

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

Schneider

Schoemehl

Selby

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 118

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

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: 002

 

 

 

 

 

 

 

 

 

Brooks

Johnson 61

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 002

 

 

 

 

 

 

Boykins

Dixon

 

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            SB 254, relating to prescription medication in schools, was taken up by Representative Tilley.


            Representative Behnen assumed the Chair.


            On motion of Representative Tilley, SB 254 was truly agreed to and finally passed by the following vote:


AYES: 135

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bean

Bearden

Behnen

Bivins

Black

Bringer

Brown 30

Brown 50

Bruns

Byrd

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Darrough

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 23

Harris 110

Henke

Hobbs

Hubbard

Hunter

Icet

Jackson

Johnson 47

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Marsh

May

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Ruestman

Rupp

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

Wasson

Wells

Weter

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137