Journal of the House

Second Regular Session, 90th General Assembly

FIFTY-FIRST DAY, Monday, April 10, 2000

Speaker Gaw in the Chair.

Prayer by Reverend Rudy Beard.

Gracious God, as we pray, help us to place our actions in harmony with Your will. We are ashamed that we have done so little with so much, yet we press on to do better. Give us a sense of what is vital in life, lest we squander our days on inflated trifles.

Bless our Nation. Bless our State. Bless this House.

And to You be glory and honor, now and forever. Amen.

The Pledge of Allegiance to the flag was recited.

The Journal of the fiftieth day was approved as corrected by the following vote:

AYES: 088

Abel Auer Backer Barry 100 Berkowitz

Bonner Boucher 48 Boykins Bray 84 Britt

Campbell Clayton Crump Curls Davis 122

Davis 63 Days Dougherty Farnen Fitzwater

Foley Ford Franklin Fraser Froelker

Gambaro George Graham 24 Gratz Green

Griesheimer Gunn Hagan-Harrell Hampton Harlan

Hegeman Hickey Hilgemann Hollingsworth Hosmer

Kelly 27 Kennedy Kissell Klindt Koller

Kreider Lakin Lawson Leake Liese

Luetkenhaus May 108 Mays 50 McBride McKenna

McLuckie Merideth Monaco Murray O'Connor

O'Toole Overschmidt Parker Ransdall Relford

Reynolds Riley Rizzo Scheve Schilling

Seigfreid Selby Shelton Skaggs Smith

Surface Thompson Treadway Troupe Van Zandt

Wagner Ward Wiggins Williams 121 Williams 159

Wilson 25 Wilson 42 Mr. Speaker

NOES: 066

Akin Alter Ballard Barnett Bartelsmeyer

Bartle Bennett Berkstresser Black Blunt

Boatright Burton Champion Chrismer Cierpiot

Crawford Dolan Elliott Enz Evans

Foster Gaskill Gibbons Graham 106 Gross

Hanaway Hartzler 123 Hendrickson Hohulin Holand

Howerton Kasten Kelley 47 King Legan

Levin Linton Lograsso Long Loudon

Luetkemeyer Marble McClelland Miller Murphy

Myers Naeger Ostmann Patek Phillips

Pouche 30 Purgason Reinhart Richardson Ridgeway

Robirds Ross Schwab Scott Secrest

Shields Summers Townley Tudor Vogel

Wright

PRESENT: 001

Reid

ABSENT WITH LEAVE: 006

Hartzler 124 Hoppe Nordwald Pryor Sallee

Stokan

VACANCIES: 002

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1046 - Representatives Riley, Wilson (42) and Curls

House Resolution No. 1047 - Representatives Fraser and Bray

House Resolution No. 1048 - Representative Gunn, et al

House Resolution No. 1049 - Representative Backer

House Resolution No. 1050 - Representative Williams (159)

House Resolution No. 1051 - Representative Long

House Resolution No. 1052 - Representative Patek

House Resolution No. 1053

and

House Resolution No. 1054 - Representative Fitzwater

House Resolution No. 1055

through

House Resolution No. 1068 - Representative Cierpiot

House Resolution No. 1069 - Representative Harlan

House Resolution No. 1070 - Representatives Riback Wilson (25), Harlan,

Graham (24) and Farnen

House Resolution No. 1071 - Representative Williams (121)

SECOND READING OF HOUSE BILLS

HB 2154 and HB 2155 were read the second time.

SECOND READING OF SENATE BILLS

SCS SB 597, SS SCS SBs 867 & 552, SB 944 and SB 1017 were read the second time.

COMMITTEE REPORT

Committee on Rules, Joint Rules and Bills Perfected and Printed, Chairman Crump reporting:

Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred HS HCS HBs 1652 & 1433, begs leave to report it has examined the same and finds it to be truly perfected and that the printed copies thereof furnished the members are correct.

REFERRAL OF HOUSE BILL

The following House Bill was referred to the Committee indicated:

HS HCS HBs 1652 & 1433 - Fiscal Review (Fiscal Note)

PERFECTION OF HOUSE BILLS

HB 1603, with House Committee Amendment No. 1 and House Committee Amendment No. 2, relating to motor vehicle franchise practices, was taken up by Representative O'Connor.

Representative May (108) offered HS HB 1603.

Representative May (108) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Bill No. 1603, Page 13, Section 407.822.2, Line 2, by inserting the word "if" after the word "that" and before the word "such".

Speaker Pro Tem Kreider assumed the Chair.

On motion of Representative May (108), House Amendment No. 1 was adopted.

Representative Luetkenhaus offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Bill No. 1603, Page 9, Section 407.817, Line 15 of said page, by inserting after all of said line the following:

"6. The provisions of this section shall not apply to recreational motor vehicles, as defined in section 301.010, RSMo, or recreational motor vehicle franchisors or franchisees."; and

Further amend said bill, Page 33, Section 407.825, Line 6 of said page, by inserting immediately after the letter "(f)" the following: "and subdivisions (17), (18), (19) and (20)"; and

Further amend said bill, Page 37, Section 407.923, Line 20 of said page, by inserting after all of said line the following:

"6. The provisions of this section shall not apply to recreational motor vehicles, as defined in section 301.010, RSMo, or recreational motor vehicle franchisors or franchisees."; and

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

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

Representative O'Connor offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Bill No. 1603, Page 33, Section 407.826, Line 15 of said page, by inserting immediately after the word "products." the following:

"As used in this section, the term "factory" shall not mean a person that is primarily engaged in the business of rental of motor vehicles and activities incidental to that business if all of the following conditions are satisfied:

(1) Vehicles sold by such person are limited to used motor vehicles that have been previously used exclusively and regularly by such person in the conduct of business, and used motor vehicles traded in on motor vehicles sold by such person;

(2) Warranty repairs performed by such person on motor vehicles are limited to those motor vehicles that are owned, previously owned or taken in trade by such person; and

(3) Motor vehicle financing provided by such person to retail consumers for motor vehicles is limited to vehicles sold by such person in the conduct of business."; and

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

On motion of Representative O'Connor, House Amendment No. 3 was adopted.

Representative Griesheimer offered House Amendment No. 4.

House Amendment No. 4 was withdrawn.

Representative Campbell offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Bill No. 1603, Page 37, Section 407.826, Line 20, by inserting after all of said line the following:

"578.100. 1. Whoever engages on Sunday in the business of selling or sells or offers for sale on such day, at retail, [motor vehicles;] clothing and wearing apparel; clothing accessories; furniture; housewares; home, business or office furnishings; household, business or office appliances; hardware; tools; paints; building and lumber supply materials; jewelry; silverware; watches; clocks; luggage; musical instruments and recordings or toys; excluding novelties and souvenirs; is guilty of a misdemeanor and shall upon conviction for the first offense be sentenced to pay a fine of not exceeding one hundred dollars, and for the second or any subsequent offense be sentenced to pay a fine of not exceeding two hundred dollars or undergo confinement not exceeding thirty days in the county jail in default thereof.

2. Each separate sale or offer to sell shall constitute a separate offense.

3. Information charging violations of this section shall be brought within five days after the commission of the alleged offense and not thereafter.

4. The operation of any place of business where any goods, wares or merchandise are sold or exposed for sale in violation of this section is hereby declared to be a public and common nuisance.

5. Any county of this state containing all or part of a city with a population of over four hundred thousand may exempt itself from the application of this section by submission of the proposition to the voters of the county at a general election or a special election called for that purpose, and the proposition receiving a majority of the votes cast therein. The proposal to exempt the county from the provisions of this section shall be submitted to the voters of the county upon a majority vote of the governing body of the county or when a petition requesting the submission of the proposal to the voters and signed by a number of qualified voters residing in the county equal to eight percent of the votes cast in the county in the next preceding gubernatorial election is filed with the governing body of the county. The ballot of submission shall contain, but not be limited to, the following language:

FOR the exemption of county from the Sunday sales law

AGAINST the exemption of county from the Sunday sales law

If a majority of the votes cast on the proposal by the qualified voters voting thereon in the county are in favor of the proposal, then the provisions of this section shall no longer apply within that county. If a majority of the votes cast on the proposal by the qualified voters voting thereon in the county are opposed to the proposal, then the provisions of this section shall continue to apply and be enforced within that county. The exemption of any county from the provisions of this section shall not become effective in that county until the results of the vote exempting the county have been filed with the secretary of state and with the revisor of statutes and have been certified as received by those officers. The revisor of statutes shall note which counties are exempt from the provisions of this section in the Missouri revised statutes.

6. In addition to any other method of exemption provided by law, the governing body of any county of this state may exempt itself from the application of this section by order or ordinance of the governing body of the county after public hearing upon the matter. Such public hearing shall be preceded by public notice which shall, at a minimum, be published at least three different times in the newspaper with the greatest circulation in the county. Upon such order or ordinance becoming effective, such county shall be exempt from the provisions of this section and no election or other method of exemption shall be required. The exemption of any county from the provisions of this section by order or ordinance shall not become effective in that county until the order or ordinance has been filed with the secretary of state and the revisor of statutes and has been certified as received by those officers. The revisor of statutes shall note which counties are exempt from the provisions of this section in the Missouri revised statutes.

[578.120. 1. Notwithstanding any provision in this chapter to the contrary, no dealer, distributor or manufacturer licensed under section 301.559, RSMo, may keep open, operate, or assist in keeping open or operating any established place of business for the purpose of buying, selling, bartering or exchanging, or offering for sale, barter or exchange, any motor vehicle, whether new or used, on Sunday. However, this section does not apply to the sale of manufactured housing; the sale of recreational motor vehicles; washing, towing, wrecking or repairing operations; the sale of petroleum products, tires, and repair parts and accessories; or new vehicle shows or displays participated in by five or more franchised dealers or in towns or cities with five or fewer dealers, a majority.

2. No association consisting of motor vehicle dealers, distributors or manufacturers licensed under section 301.559, RSMo, shall be in violation of antitrust or restraint of trade statutes under chapter 416, RSMo, or regulation promulgated thereunder solely because it encourages its members not to open or operate on Sunday a place of business for the purpose of buying, selling, bartering or exchanging any motor vehicle.

3. Any person who violates the provisions of this section shall be guilty of a class C misdemeanor.]"; and

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

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

Which motion was defeated by the following vote:

AYES: 017

Backer Barnett Bray 84 Campbell Clayton

Graham 24 Harlan King Koller Legan

McLuckie Monaco Pouche 30 Ross Seigfreid

Van Zandt Williams 121

NOES: 126

Abel Akin Alter Auer Ballard

Barry 100 Bartelsmeyer Bennett Berkowitz Berkstresser

Black Blunt Boatright Bonner Boucher 48

Britt Burton Champion Chrismer Cierpiot

Crawford Crump Curls Davis 122 Davis 63

Days Dolan Dougherty Elliott Enz

Evans Farnen Fitzwater Foley Ford

Foster Franklin Fraser Froelker Gambaro

Gaskill George Gibbons Graham 106 Gratz

Green Griesheimer Gross Gunn Hampton

Hanaway Hartzler 123 Hegeman Hendrickson Hickey

Hilgemann Hohulin Holand Hollingsworth Hosmer

Howerton Kasten Kelley 47 Kelly 27 Kissell

Klindt Kreider Lakin Lawson Leake

Levin Liese Linton Lograsso Long

Luetkemeyer Marble May 108 Mays 50 McBride

McClelland McKenna Merideth Miller Murray

Myers Naeger O'Connor O'Toole Ostmann

Overschmidt Parker Patek Phillips Pryor

Purgason Ransdall Reinhart Relford Reynolds

Richardson Rizzo Robirds Scheve Schilling

Schwab Scott Secrest Selby Shelton

Shields Smith Summers Surface Thompson

Townley Treadway Tudor Vogel Wagner

Ward Wiggins Williams 159 Wilson 25 Wright

Mr. Speaker

PRESENT: 006

Bartle Boykins Reid Riley Troupe

Wilson 42

ABSENT WITH LEAVE: 012

Hagan-Harrell Hartzler 124 Hoppe Kennedy Loudon

Luetkenhaus Murphy Nordwald Ridgeway Sallee

Skaggs Stokan

VACANCIES: 002

Representative Selby offered House Amendment No. 5.

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

The Chair ruled the point of order well taken.

Representative Pryor offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Bill No. 1603, Page 3, Section 407.815, Lines 9-12, by deleting said lines and inserting in lieu thereof the following:

"vehicles or used motor vehicles taken in trade or new motor vehicles or used motor vehicles purchased for resail and who receive reimbursement for warranty labor and parts"; and

Further amend said section, Pages 4 and 5, by deleting Line 24 on Page 4, and Lines 1 through 5 on Page 5.

Representative Green offered House Substitute Amendment No. 1 for House Amendment No. 5.

House Substitute Amendment No. 1 for House Amendment No. 5 was withdrawn.

Representative Pryor moved that House Amendment No. 5 be adopted.

Which motion was defeated.

Representative May (108) offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Bill No. 1603, Page 4, Section 407.815, Lines 2-4, by deleting the words "motor vehicle financing, credit insurance, service contracts and/or motor vehicle insurance".

On motion of Representative May (108), House Amendment No. 6 was adopted.

Representative Elliott offered House Amendment No. 7.

Representative May (108) 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 Hanaway offered House Amendment No. 7.

House Amendment No. 7

AMEND House Substitute for House Bill No. 1603, Page 34, Section 407.823, Line 1 of said page, by inserting after the word "dealer" the words"; or

(5) Own any ownership interest or have any financial interest in an auto body repair service provider; or

(6) Own any ownership interest or have any financial interest in a provider of motor vehicles for lease or rent; or

(7) Own any ownership interest or have any financial interest in a provider of routine maintenance services".

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

Representative Legan offered House Amendment No. 8.

Representative May (108) raised a point of order that House Amendment No. 8 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Shields offered House Amendment No. 8.

House Amendment No. 8 was withdrawn.

On motion of Representative May (108), HS HB 1603, as amended, was adopted by the following vote:

AYES: 130

Abel Akin Auer Ballard Barry 100

Bartelsmeyer Bennett Berkowitz Black Blunt

Boatright Bonner Boucher 48 Boykins Britt

Burton Champion Cierpiot Clayton Crawford

Crump Curls Davis 122 Davis 63 Days

Dolan Dougherty Enz Evans Farnen

Fitzwater Foley Foster Franklin Fraser

Froelker Gambaro Gaskill George Gibbons

Graham 106 Graham 24 Gratz Green Gross

Gunn Hagan-Harrell Hampton Hanaway Harlan

Hartzler 123 Hegeman Hendrickson Hickey Hilgemann

Hohulin Holand Hollingsworth Hosmer Howerton

Kasten Kelley 47 Kelly 27 Kennedy King

Kissell Klindt Kreider Lawson Leake

Levin Liese Linton Long Loudon

Luetkemeyer Luetkenhaus Marble May 108 McBride

McClelland McKenna McLuckie Merideth Monaco

Murphy Murray Myers Naeger O'Connor

O'Toole Overschmidt Patek Phillips Pouche 30

Purgason Ransdall Reinhart Relford Reynolds

Richardson Ridgeway Riley Rizzo Robirds

Scheve Schilling Schwab Secrest Seigfreid

Selby Shelton Shields Smith Summers

Surface Thompson Treadway Troupe Tudor

Vogel Wagner Ward Wiggins Williams 121

Williams 159 Wilson 25 Wilson 42 Wright Mr. Speaker

NOES: 021

Alter Backer Barnett Berkstresser Campbell

Chrismer Elliott Koller Lakin Legan

Lograsso Mays 50 Ostmann Parker Pryor

Reid Ross Scott Skaggs Townley

Van Zandt

PRESENT: 002

Bartle Griesheimer

ABSENT WITH LEAVE: 008

Bray 84 Ford Hartzler 124 Hoppe Miller

Nordwald Sallee Stokan

VACANCIES: 002

On motion of Representative May (108), HS HB 1603, as amended, was ordered perfected and printed.

HCS HB 1711, relating to prescription drug costs, was taken up by Representative Abel.

Representative Abel offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1711, Page 1, Section A, Line 2, by deleting the number "376.891" and inserting in lieu thereof the number "376.845"; and

Further amend said bill, Page 1, Section 376.891, Line 1, by deleting the number "376.891" and inserting in lieu thereof the number "376.845"; and

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

Further amend Page 1, Line 9, by adding after the word prescription the following:

"The division of medical services (DMS) shall collect costs of adjudication by the division from the reimbursement to be paid to the enrolled Title XIX provider through the Medicaid remittance advices."; and

Further amend on Page 2, Lines 31 and 32, by adding a "." after 2001 and deleting the rest of subsection 5.

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

Representative Smith offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1711, Page 2, Section 376.891, Line 32, by inserting after all of said line the following:

"Section 1. The medical assistance program established in section 208.151, RSMo, shall provide prescription drug coverage of nonsystemic drugs for the treatment of obesity, which are approved by the federal Food and Drug Administration, for eligible persons according to appropriate criteria established by the department. Such criteria shall include coverage for eligible patients that have a body mass index equal to or greater than twenty-seven kg/m² with the presence of another risk factor including diabetes, cardiovascular disease, hypertension, stroke or dyslipedemia. Such coverage may be subject to prior authorization or to a retrospective drug utilization review process."; and

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

Representative Dougherty assumed the Chair.

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

Representative Reid offered House Amendment No. 3.

Representative Monaco raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.

Representative Dougherty requested a parliamentary ruling.

The Parliamentary Committee ruled the point of order well taken.

Representative Reid offered House Amendment No. 3.

Representative Monaco raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.

Representative Dougherty requested a parliamentary ruling.

The Parliamentary Committee ruled the point of order well taken.

Representative Chrismer offered House Amendment No. 3.

Representative Hollingsworth raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.

Representative Dougherty requested a parliamentary ruling.

The Parliamentary Committee ruled the point of order well taken.

Representative Reid offered House Amendment No. 3.

Speaker Pro Tem Kreider resumed the Chair.

Representative Foley raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Holand offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 1711, Page 2, Section 376.891, Line 20, by inserting after the word "medications." the following: "nor medications available over-the-counter and written as a prescription.".

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

Representative Naeger offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill No. 1711, Page 2, Section 376.891, Line 32, by inserting after all of said line the following:

"Section 1. 1. The department of social services shall make dispensing and pharmacist service payments to any pharmacy that has a valid Medicaid provider agreement with the department. The department shall establish dispensing and pharmacist service fees pursuant to regulations promulgated by the department of social services. Such fees shall equal or exceed the cost incurred by a pharmacy to provide such dispensing and services.

2. Upon establishment of the fee pursuant to subsection 1 of this section, the department shall reevaluate the amount of such fee at least once every two years, but not more than once a year.

3. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.

Section 2. No individual or group health insurance policy providing coverage on an expense incurred basis, no individual or group service or indemnity type contract issued by a not for profit corporation, no individual or group service contract issued by a health maintenance organization, no self-insured group arrangement, to the extent not preempted by law, and no managed health care entity plan of any type or description, that are delivered, issued for delivery, continued or renewed on or after August 28, 2000, which provide coverage for pharmaceutical benefits or services shall reimburse any pharmacy or pharmacist for dispensing any prescription or providing any service at less than the rate paid by the department of social services for the same fees or services pursuant to section 1 of this act.

Section 3. No policy, contract or plan shall permit or mandate any difference in coverage for or impose any different conditions, including, but not limited to, copayments, deductibles or coinsurance or the number of days for the supply of the drug, whether the prescription benefits are provided through direct contact with a pharmacy or by use of a mail order pharmacy so long as the provider selected is a participant in the plan involved."

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

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

The Chair ruled the point of order not well taken.

HCS HB 1711, as amended, with House Amendment No. 4, pending, was laid over.

REFERRAL OF SENATE BILLS

The following Senate Bills were referred to the Committee indicated:

SCS SB 756 - Public Safety and Law Enforcement

SS#2 SCS SBs 757 & 602 - Civil and Administrative Law

SCS SB 763 - Public Safety and Law Enforcement

COMMITTEE REPORTS

Committee on Agri-Business, Chairman Williams (159) reporting:

Mr. Speaker: Your Committee on Agri-Business, to which was referred SCS SB 779, begs leave to report it has examined the same and recommends that it Do Pass.

Committee on Agriculture, Chairman Leake reporting:

Mr. Speaker: Your Committee on Agriculture, to which was referred SCR 27, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Agriculture, to which was referred SCS SB 540, begs leave to report it has examined the same and recommends that it Do Pass.

Committee on Civil and Administrative Law, Chairman Smith reporting:

Mr. Speaker: Your Committee on Civil and Administrative Law, to which was referred SB 722, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Commerce, Chairman Rizzo reporting:

Mr. Speaker: Your Committee on Commerce, to which was referred HB 1357, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Consumer Protection and Housing, Chairman Schilling reporting:

Mr. Speaker: Your Committee on Consumer Protection and Housing, to which was referred SB 643, begs leave to report it has examined the same and recommends that it Do Pass.

Committee on Correctional and State Institutions, Chairman Gratz reporting:

Mr. Speaker: Your Committee on Correctional and State Institutions, to which was referred SB 618, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment Nos. 1 and 2.

House Committee Amendment No. 1

AMEND Senate Bill No. 618, Page 1, In the Title, Lines 2 and 3, by striking all of said lines and inserting in lieu thereof the following:

"To repeal section 217.541, RSMo 1994, and sections 21.455, 217.015 and 217.305, RSMo Supp. 1999, relating to the department of corrections, and to enact in lieu thereof five new sections relating to the same subject."; and

Further amend said bill, Page 1, Section A, Lines 1 through 3, by striking all of said lines, and inserting in lieu thereof the following:

"Section A. Section 217.541, RSMo 1994, and sections 21.455, 217.015 and 217.305, RSMo Supp. 1999, are repealed and five new sections enacted in lieu thereof, to be known as sections 21.455, 217.015, 217.287, 217.305 and 217.541, to read as follows:

21.455. It shall be the duty of the committee:

(1) To make a continuing study and analysis of penal and correctional problems as they relate to this state;

(2) To devise and arrange for a long-range program for the department and its correctional centers based on a plan of biennial development and making the recommendation of any required correctional centers in the state in accordance with the general assembly's powers of appropriation;

(3) To inspect or have the committee's designee from the joint committee on legislative research or the joint committee on capital improvements and leases oversight or any other person designated by the committee inspect at least once [each year] biennially and as necessary all correctional facilities and properties under the jurisdiction of the department of corrections [and of the division of youth services];

(4) To make a continuing study and review of the department of corrections and the correctional facilities under its jurisdiction, including the internal organization, management, powers, duties and functions of the department and its correctional centers, particularly, by way of extension but not of limitation, in relation to the:

(a) Personnel of the department;

(b) Discipline of the correctional facilities;

(d) Classification of offenders;

(e) Care and treatment of offenders;

(f) Educational and vocational training facilities of the correctional centers;

(g) Location and establishment of new correctional centers or of new buildings and facilities;

(h) All other matters relating to the administration of the state's correctional centers which the committee deems pertinent; and

(i) Probations and paroles;

(5) [To make a continuing study and review of the institutions and programs under the jurisdiction of the division of youth services;

(6)] To study and determine the need for changes in the state's criminal laws as they apply to correctional centers and to sentencing, commitment, probation and parole of persons convicted of law violations;

[(7)] (6) To determine from such study and analyses the need for changes in statutory law or administrative procedures;

[(8)] (7) To make recommendations to the general assembly for legislative action and to the department of corrections [and to the division of youth services] for administrative or procedural changes."; and

Further amend said bill, Page 2, Section 217.287, Line 11, by inserting immediately after said line the following:

"217.305. 1. The sheriff or other officer charged with the delivery of persons committed to the department for confinement in a correctional center shall deliver the person to the reception and diagnostic center designated by the director at times and dates as designated by the director and shall receive a certificate of delivery of the offender from the center.

2. Appropriate information relating to the offender shall be provided to the department in a written or electronic format, at or before the time the offender is delivered to the department, including, but not limited to:

(1) A copy of the sentence received from the clerk of the sentencing court. If provided in written form, this document shall be certified by the court;

(2) All other judgment, sentencing and commitment orders of the court, or such documents as authorized by the prosecuting attorney or circuit attorney or required by the department;

(3) Further information regarding the offender's age, crime for which sentenced and circumstances surrounding the crime and sentence, personal history, which may include facts related to his home environment, work habits and previous convictions and commitments. Such information shall be prepared by the prosecuting attorney of the county or circuit attorney of any city not within a county who was charged with the offender's prosecution;

(4) Information regarding all significant aspects of the offender's physical and mental condition, including any currently prescribed medication and any attempts to commit suicide. Such information shall be prepared by the sheriff or other officer charged with delivering the offender to the department and shall include copies of all medical and mental health documents in the possession of jail personnel relating to the offender.

217.541. 1. The department shall by rule establish a program of house arrest. The director or [his] a designee may extend the limits of confinement of offenders serving sentences for [class C or D] felonies who have one year or less remaining prior to release on parole, conditional release, or discharge to participate in the house arrest program. Offenders who are serving sentences for dangerous felonies, as defined in section 556.061, RSMo, or identified as predatory sexual offenders, as defined in section 558.018, RSMo, are not eligible for participation in the house arrest program.

2. The offender referred to the house arrest program shall remain in the custody of the department and shall be subject to rules and regulations of the department pertaining to offenders of the department until released on parole or conditional release by the state board of probation and parole.

3. The department shall require the offender to participate in work or educational or vocational programs and other activities that may be necessary to the supervision and treatment of the offender.

4. An offender released to house arrest shall be authorized to leave [his] such offender's place of residence only for the purpose and time necessary to participate in the program and activities authorized in subsection 3 of this section.

5. The board of probation and parole shall supervise every offender released to the house arrest program and shall verify compliance with the requirements of this section and such other rules and regulations that the department shall promulgate and may do so by remote electronic surveillance. If any probation/parole officer has probable cause to believe that an offender under house arrest has violated a condition of the house arrest agreement, the probation/parole officer may issue a warrant for the arrest of the offender. The probation/parole officer may effect the arrest or may deputize any officer with the power of arrest to do so by giving the officer a copy of the warrant which shall outline the circumstances of the alleged violation. The warrant delivered with the offender by the arresting officer to the official in charge of any jail or other detention facility to which the offender is brought shall be sufficient legal authority for detaining the offender. An offender arrested [under] pursuant to this section shall remain in custody or incarcerated without consideration of bail. The director or [his] a designee, upon recommendation of the probation and parole officer, may direct the return of any offender from house arrest to a correctional [facility] center of the department for reclassification.

6. Each offender who is released to house arrest shall pay a [percentage of his] per diem rate from such offender's wages, established by department rules, to a maximum of the per capita cost of the house arrest program. The money received from the offender shall be deposited in the inmate revolving fund and shall be expended to support the house arrest program."; and

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

House Committee Amendment No. 2

AMEND Senate Bill No. 618, Page 1, In the Title, Line 2, by inserting immediately after the word "section" the following: "217.750, RSMo 1994, and section"; and

Further amend the title, Line 3, by striking the word "two" and inserting in lieu thereof the word "three"; and

Further amend said bill, Section A, Line 1, by inserting immediately before "217.015" the following: "217.750, RSMo 1994, and section"; and

Further amend Section A, Line 1, by striking the word "two" and inserting the word "three"; and

Further amend Section A, Line 2, by striking the following: "and 217.287" and inserting in lieu thereof the following: "217.015, 217.287 and 217.750"; and

Further amend said bill, Page 2, Section 217.287, Line 11, by inserting immediately after said line the following:

"217.750. 1. At the request of a judge of any circuit court, the board shall provide probation services for such court as provided in subsection 2 of this section.

2. The board shall provide probation services for any person convicted of any class of felony. The board shall not be required to provide probation services for any class of misdemeanor except those class A misdemeanors the basis of which is contained in chapters 565, 566 and 570, RSMo, or in section 568.040, RSMo, 568.050, RSMo, 455.085, RSMo, or section 455.538, RSMo. The board may in its discretion accept other persons for supervision who have been convicted of driving while intoxicated [under] pursuant to the provisions of section 577.023, RSMo.".

Committee on Education - Elementary and Secondary, Chairman Fitzwater reporting:

Mr. Speaker: Your Committee on Education - Elementary and Secondary, to which was referred SB 573, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Professional Registration and Licensing, Chairman Treadway reporting:

Mr. Speaker: Your Committee on Professional Registration and Licensing, to which was referred SB 921, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on State Parks, Natural Resources and Mining, Chairman McBride reporting:

Mr. Speaker: Your Committee on State Parks, Natural Resources and Mining, to which was referred SCS SB 657, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Transportation, Chairman Koller reporting:

Mr. Speaker: Your Committee on Transportation, to which was referred SCR 25, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Transportation, to which was referred SB 881, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

INTRODUCTION OF HOUSE JOINT RESOLUTION

The following House Joint Resolution was read the first time and copies ordered printed:

HJR 74, introduced by Representative Patek, relating to an equal rights amendment.

INTRODUCTION OF HOUSE BILL

The following House Bill was read the first time and copies ordered printed:

HB 2156, introduced by Representative Patek, relating to child custody.

MESSAGES FROM THE SENATE

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 683, entitled:

An act to repeal section 304.580, RSMo 1994, relating to construction zones, and to enact in lieu thereof one new section relating to the same subject.