Journal of the House

First Regular Session, 91st General Assembly

SIXTY-SIXTH DAY, Wednesday, May 2, 2001

Speaker Kreider in the Chair.

Prayer by Reverend Rudy Beard.

Hear, Gracious God, the prayers we offer in this moment of unity before You. Help us all to discipline our speech, that we may seek clarity rather than cleverness and sincerity instead of sarcasm.

Bless the members of this House. Keep them in Your care this day and strengthen them in their best commitments. To You be glory and honor. 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: Alden Hunter Ward, Michael Smith, Jodi Rinke, Kayla Hylton, Bryndon Hill, Michael Wisely, Courtney Robertson, Christopher Strong, Michelle Gordon, Amanda Rosenow, Braydon Schwab, Easton Schwab, Monica Bohr, Becky Dillard, Christina Kerr and Jackie Clark.

The Journal of the sixty-fifth day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1827 - Representative Rizzo

House Resolution No. 1828 - Representative Vogel

House Resolution No. 1829

through

House Resolution No. 1832 - Representative Richardson

House Resolution No. 1833 - Representative Roark

SECOND READING OF HOUSE CONCURRENT RESOLUTION

HCR 33 was read the second time.

SECOND READING OF SENATE BILLS

SB 180, SS SCS SB 226, SB 337, SB 509 and SS SCS SB 525 were read the second time.

COMMITTEE REPORTS

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 HB 715, 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.

Committee on Fiscal Review and Government Reform, Chairman Hollingsworth reporting:

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HCS HB 279 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HB 366 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Not Pass.

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HCS HB 780 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

HOUSE BILLS WITH SENATE AMENDMENTS

SCS HB 212, relating to insurance, was taken up by Representative Ward.

On motion of Representative Ward, SCS HB 212 was adopted by the following vote:

On motion of Representative Ward, SCS HB 212 was truly agreed to and finally passed by the following vote:

Speaker Kreider declared the bill passed.

Representative Scheve assumed the Chair.

SCS HB 603, relating to Alzheimer's disease, was taken up by Representative Hilgemann.

On motion of Representative Hilgemann, SCS HB 603 was adopted by the following vote:

On motion of Representative Hilgemann, SCS HB 603 was truly agreed to and finally passed by the following vote:

Representative Scheve declared the bill passed.

SCS HB 644, relating to nonprobate transfers, was taken up by Representative Burton.

On motion of Representative Burton, SCS HB 644 was adopted by the following vote:

On motion of Representative Burton, SCS HB 644 was truly agreed to and finally passed by the following vote:

Representative Scheve declared the bill passed.

Speaker Pro Tem Abel assumed the Chair.

SCS HB 693, relating to the Administrative Hearing Commission, was taken up by Representative Smith.

On motion of Representative Smith, SCS HB 693 was adopted by the following vote:

On motion of Representative Smith, SCS HB 693 was truly agreed to and finally passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

THIRD READING OF HOUSE BILL

HCS HB 780, relating to economic development, was taken up by Representative Scheve.

On motion of Representative Scheve, HCS HB 780 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

THIRD READING OF SENATE BILLS

SCS SB 4, relating to police salaries; driver's records, was taken up by Representative Rizzo.

On motion of Representative Rizzo, SCS SB 4 was truly agreed to and finally passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS SS SB 193, relating to insurance producers, was taken up by Representative Ward.

Representative Ward offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for Senate Substitute for Senate Bill No. 193, Page 6, Section 375.014, Line 57, by striking the word "exiting" and inserting in lieu thereof the word "existing"; and

Further amend said bill, Page 19, Section 375.023, Line 1, by striking the following "375.023. 1." and inserting in lieu thereof the following: "5."; and

Further amend said bill, Pages 20 and 21, by renumbering the subsections and amending the intersectional references accordingly; and

Further amend said bill, Page 27, Section 375.076, Line 10, by inserting immediately after the word "person" the word "for"; and

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

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

Representative Surface offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for Senate Substitute for Senate Bill No. 193, Page 6, Section 375.014, Lines 56 to 59, by deleting all of said lines and inserting in lieu thereof the following:

"(9) Employees who are responding to specific requests from existing policyholders on existing policies, but who provide no counsel, advice, suggestion or opinion with respect to the coverage, terms or conditions of the insurance contract, provided that such employees do not sell, solicit or negotiate insurance and are not compensated based on the number of policy changes that may result or the volume of premiums that may be generated from these services.".

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

On motion of Representative Surface, HCS SS SB 193, as amended, was adopted.

On motion of Representative Ward, HCS SS SB 193, as amended, was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

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

AFTERNOON SESSION

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

The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Brittney Koechner and Tommy Raymond.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1834 - Representative Davis

House Resolution No. 1835

through

House Resolution No. 1838 - Representative Liese

House Resolution No. 1839 - Representative Kelly (36)

House Resolution No. 1840 - Representative Crawford

House Resolution No. 1841 - Representatives Boucher, Lowe and Jolly

House Resolution No. 1842 - Representative Willoughby

House Resolution No. 1843

and

House Resolution No. 1844 - Representative Clayton

House Resolution No. 1845

and

House Resolution No. 1846 - Representative Berkstresser

House Resolution No. 1847

through

House Resolution No. 1849 - Representative Rector

House Resolution No. 1850 - Representatives Rector and Ross

House Resolution No. 1851 - Representative Rector

House Resolution No. 1852 - Representative Boucher

COMMITTEE REPORTS

Committee on Fiscal Review and Government Reform, Chairman Hollingsworth reporting:

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HS HCS HBs 981 & 655 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HCS SB 125 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HCS SS SCS SB 267 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HCS SB 462 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

ADOPTION AND THIRD READING OF HOUSE CONCURRENT RESOLUTIONS

HCR 12, relating to the federal energy policy, was taken up by Representative Haywood.

On motion of Representative Haywood, HCR 12 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

HCR 23, relating to the windfall elimination provision, was taken up by Representative Holand.

Representative Holand offered House Amendment No. 1.

House Amendment No. 1

AMEND House Concurrent Resolution No. 23, Page 1381 of the Journal of the House, Sixty-third Day, April 26, 2001, by deleting the word "of" in the first line of the first "WHEREAS" clause and replacing it with the word "or"; and

Further amend said concurrent resolution, in the clause that begins "NOW, THEREFORE, BE IT RESOLVED" by deleting the words "rescind the Windfall Elimination Provision for teachers" and inserting in lieu thereof the following:

"(1) either simply rescind the Windfall Elimination Provision or amend it so that it does not bear disproportionately upon teachers and others who have modest salaries earned in non-Social Security-covered service; and (2) amend the government pension offset so that it will not bear disproportionately upon teachers and others whose government pensions are based on modest salaries".

Representative Relford assumed the Chair.

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

On motion of Representative Holand, HCR 23, as amended, was read the third time and passed by the following vote:

Representative Relford declared the bill passed.

HCR 14, relating to the railroad retirement act, was taken up by Representative Koller.

On motion of Representative Koller, HCR 14 was read the third time and passed by the following vote:

Representative Relford declared the bill passed.

HCR 22, relating to brucellosis, was taken up by Representative Barnitz.

On motion of Representative Barnitz, HCR 22 was read the third time and passed by the following vote:

Representative Relford declared the bill passed.

THIRD READING OF HOUSE BILL

HCS HB 279, relating to screening of newborns, was taken up by Representative Shoemyer.

On motion of Representative Shoemyer, HCS HB 279 was read the third time and passed by the following vote:

Representative Relford declared the bill passed.

THIRD READING OF SENATE BILL

HCS SS SCS SB 267, relating to court procedures, was taken up by Representative Monaco.

Speaker Kreider resumed the Chair.

Representative Monaco offered HS HCS SS SCS SB 267.

Representative Monaco offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 267, Section 4, Page 63, Lines 11-12, by deleting "that has neighborhood courts and the city is"; and

Further amend said section, Page 63, Line 13, by deleting all of said line and inserting in lieu thereof the following: "additional court costs in an amount up to twenty dollars per"; and

Further amend said substitute, Section 5, Page 63, Line 23, by deleting all of said line and inserting in lieu thereof the following: "provide for additional court costs in an amount up to".

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

Representative Byrd offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 267, Section 1, Page 60, Lines 8-11, by deleting said section from the substitute; and

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

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

Representative Britt offered House Amendment No. 3.

Representative Monaco raised a point of order that House Amendment No. 3 goes beyond the scope and is not germane to the bill.

The Chair ruled the point of order well taken.

Representative Lograsso offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 267, Section 196.790, Pages 13-14, by deleting all of said Section from the substitute; and

Further amend said House Substitute, Section 426.220, Page 14, by deleting all of said section from the substitute; and

Further amend said House Substitute, Section 426.230, Pages 14-15, by deleting all of said section from the substitute; and

Further amend said House Substitute, Section 429.360, Page 15, by deleting all of said section from the substitute; and

Further amend said House Substitute, Section 512.180, Page 37, by deleting all of said section from the substitute; and

Further amend said House Substitute, Section 534.350, Page 38, by deleting all of said section from the substitute; and

Further amend said House Substitute, Section 534.360, Page 38, by deleting all of said section from the substitute; and

Further amend said House Substitute, Section 534.380, Pages 38-39, by deleting all of said section from the substitute; and

Further amend said House Substitute, Section 535.030, Page 39, by deleting all of said section from the substitute; and

Further amend said House Substitute, Section 535.110, Page 42, by deleting all of said section from the substitute; and

Further amend said House Substitute, Section 541.020, Page 42, by deleting all of said section from the substitute; and

Further amend said House Substitute, Section 2, Page 60, by deleting all of said section from the substitute; and

Further amend said House Substitute, Section B, Page 64, by deleting all of said section from the substitute; and

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

Representative Monaco offered House Substitute Amendment No. 1 for House Amendment No. 3.

House Substitute Amendment No. 1

for

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 267, Section 196.790, Pages 13-14, by deleting all of said section from the substitute; and

Further amend said House Substitute, Section 426.220, Page 14, by deleting all of said section from the substitute; and

Further amend said House Substitute, Section 426.230, Pages 14-15, by deleting all of said section from the substitute; and

Further amend said House Substitute, Section 429.360, Page 15, by deleting all of said section from the substitute; and

Further amend said House Substitute, Section 512.180, Page 37, Lines 7-8, by deleting "is not filed pursuant to chapter 517, RSMo, and"; and

Further amend said section, Page 37, Line 9, by inserting brackets "[ ]" around "five" and inserting "three" before the word "thousand"; and

Further amend said House Substitute, Section 534.350, Page 38, by deleting all of said section from the substitute; and

Further amend said House Substitute, Section 534.360, Page 38, by deleting all of said section from the substitute; and

Further amend said House Substitute, Section 534.380, Pages 38-39, by deleting all of said section from the substitute; and

Further amend said House Substitute, Section 535.030, Page 39, by deleting all of said section from the substitute; and

Further amend said House Substitute, Section 535.110, Page 42, by deleting all of said section from the substitute; and

Further amend said House Substitute, Section 541.020, Page 42, by deleting all of said section from the substitute; and

Further amend said House Substitute, Section 2, Page 60, by deleting all of said section from the substitute; and

Further amend said House Substitute, Section B, Page 64, by deleting all of said section from the substitute; and

Amend the title, enacting clause and intersectional references accordingly.

On motion of Representative Monaco, House Substitute Amendment No. 1 for House Amendment No. 3 was adopted.

Representative Mayer offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 267, Section 56.765, Page 10, Line 11, by inserting the following after all of said line:

"57.130. 1. The sheriffs of the several counties shall collect and account for all the fines, penalties, forfeitures and other sums of money, by whatever name designated, accruing to the state or any county by virtue of any order, judgment or decree of a court of record, provided that by court rule provision may be made for a court clerk to collect fines, penalties, forfeitures and other sums of money accruing to the state by virtue of any order, judgment or decree of the court.

2. The provisions of this section shall expire and be of no force and effect on and after July 1, [2002.] 2007."; and

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

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

Representative Riback Wilson (25) offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 267, Page 34, Section 491.300, Line 4, by inserting after all of said line the following:

"494.425. The following persons shall be disqualified from serving as a petit or grand juror:

(1) Any person who is less than [twenty-one] eighteen years of age;

(2) Any person not a citizen of the United States;

(3) Any person not a resident of the county or city not within a county served by the court issuing the summons;

(4) Any person who has been convicted of a felony, unless such person has been restored to [his] such person's civil rights;

(5) Any person unable to read, speak and understand the English language;

(6) Any person on active duty in the armed forces of the United States or any member of the organized militia on active duty under order of the governor;

(7) Any licensed attorney at law;

(8) Any judge of a court of record;

(9) Any person who, in the judgment of the court or the board of jury commissioners, is incapable of performing the duties of a juror because of mental or physical illness or infirmity.

494.430. Upon timely application to the court, the following persons shall be excused from service as a petit or grand juror:

(1) Any person actually performing the duties of a clergyman;

(2) Any person who has served on a state or federal petit or grand jury within the preceding year;

(3) Any person whose absence from [his] such person's regular place of employment would, in the judgment of the court, tend materially and adversely to affect the public safety, health, welfare or interest;

(4) Any person upon whom service as a juror would in the judgment of the court impose an extreme hardship;

(5) Any person licensed to engage in and actively engaged in the practice of medicine, osteopathy, chiropractic, dentistry or pharmacy[.];

(6) Any person who is enrolled as a full-time student and is not residing within twenty miles of the city or county where the jury summons is issued."; and

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

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

House Substitute Amendment No. 1

for

House Amendment No. 5

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 267, Page 34, Section 491.300, Line 4, by inserting after all of said line the following:

"494.425. The following persons shall be disqualified from serving as a petit or grand juror:

(1) Any person who is less than [twenty-one] eighteen years of age;

(2) Any person not a citizen of the United States;

(3) Any person not a resident of the county or city not within a county served by the court issuing the summons;

(4) Any person who has been convicted of a felony, unless such person has been restored to [his] such person's civil rights;

(5) Any person unable to read, speak and understand the English language;

(6) Any person on active duty in the armed forces of the United States or any member of the organized militia on active duty under order of the governor;

(7) Any licensed attorney at law;

(8) Any judge of a court of record;

(9) Any person who, in the judgment of the court or the board of jury commissioners, is incapable of performing the duties of a juror because of mental or physical illness or infirmity.

494.430. Upon timely application to the court, the following persons shall be excused from service as a petit or grand juror:

(1) Any person actually performing the duties of a clergyman;

(2) Any person who has served on a state or federal petit or grand jury within the preceding year;

(3) Any person whose absence from [his] such person's regular place of employment would, in the judgment of the court, tend materially and adversely to affect the public safety, health, welfare or interest;

(4) Any person upon whom service as a juror would in the judgment of the court impose an extreme hardship;

(5) Any person licensed to engage in and actively engaged in the practice of medicine, osteopathy, chiropractic, dentistry or pharmacy[.];"; and

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

On motion of Representative Ridgeway, House Substitute Amendment No. 1 for House Amendment No. 5 was adopted.

Representative Lograsso offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 267, Section 494.455, Page 34, Line 5, by deleting all of said line after "1."; and

Further amend said section, Page 34, Lines 6-8, by deleting all of said lines; and

Further amend said section, Page 34, Line 9, by deleting "2."; and

Further amend said section, Page 35, Line 5, by inserting "2." before the word "The"; and

Further amend said section, Page 36, Line 9, by inserting the following at the end of said line:

"3. The governing body of each county or a city not within a county may authorize daily compensation and mileage allowance for jurors in any amount such governing body deems reasonable, which shall be paid from the funds of the county or city not within a county."; and

Further amend said section, Page 36, Lines 10-18, by deleting all of said lines; and

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

On motion of Representative Lograsso, House Amendment No. 6 was adopted.

Representative Clayton offered House Amendment No. 7.

House Amendment No. 7

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 267, Page 42, Section 535.110, Line 12, by inserting after all of said line the following:

"536.160. In the event a reviewing court reverses a decision of a state agency, remands the matter to the agency for further proceedings and orders the payment into court of any increase in funds authorized by said decision, and thereafter, on remand, the state agency reaches the same result, reaffirms or ratifies its prior decision, then the entity which paid such funds into court shall be entitled to a refund of such funds, including all interest accrued thereon. This provision is enacted in part to clarify and specify the law in existence prior to August 28, 2001."; and

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

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

Representative Bartle offered House Amendment No. 8.

House Amendment No. 8

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 267, Pages 50-52, Section 610.040, by striking all of said section.

On motion of Representative Bartle, House Amendment No. 8 was adopted by the following vote:

Representative Crump offered House Amendment No. 9.

Representative Monaco raised a point of order that House Amendment No. 9 is not germane and goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Ward offered House Amendment No. 9.

Representative Wright raised a point of order that House Amendment No. 9 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Kelly (27) offered House Amendment No. 9.

House Amendment No. 9

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 267, Section 565.030, Page 50, Line 7, by inserting the following after all of said line:

"595.030. 1. No compensation shall be paid unless the claimant has incurred an out-of-pocket loss of at least fifty dollars or has lost two continuous weeks of earnings or support from gainful employment. "Out-of-pocket loss" shall mean unreimbursed or unreimbursable expenses or indebtedness reasonably incurred for medical care or other services, including psychiatric, psychological or counseling expenses, necessary as a result of the crime upon which the claim is based, except that the amount paid for psychiatric, psychological or counseling expenses per eligible claim shall not exceed two thousand five hundred dollars. [Fifty dollars shall be deducted from any award granted under sections 595.010 to 595.075, except that an award to a person sixty-five years of age or older is not subject to any deduction.]

2. No compensation shall be paid unless the division of workers' compensation finds that a crime was committed, that such crime directly resulted in personal physical injury to, or the death of, the victim, and that police records show that such crime was promptly reported to the proper authorities. In no case may compensation be paid if the police records show that such report was made more than forty-eight hours after the occurrence of such crime, unless the division of workers' compensation finds that the report to the police was delayed for good cause. If the victim is under eighteen years of age such report may be made by the victim's parent, guardian or custodian; by a physician, a nurse, or hospital emergency room personnel; by the division of family services personnel; or by any other member of the victim's family.

3. No compensation shall be paid for medical care if the service provider is not a medical provider as that term is defined in section 595.027, and the individual providing the medical care is not licensed by the state of Missouri or the state in which the medical care is provided.

4. No compensation shall be paid for psychiatric treatment or other counseling services, including psychotherapy, unless the service provider is a:

(1) Physician licensed pursuant to chapter 334, RSMo, or licensed to practice medicine in the state in which the service is provided;

(2) Psychologist licensed pursuant to chapter 337, RSMo, or licensed to practice psychology in the state in which the service is provided;

(3) Clinical social worker licensed pursuant to chapter 337, RSMo; or

(4) Professional counselor licensed pursuant to chapter 337, RSMo.

5. Any compensation paid [under] pursuant to sections 595.010 to 595.075 for death or personal injury shall be in an amount not exceeding out-of-pocket loss, together with loss of earnings or support from gainful employment, not to exceed two hundred dollars per week, resulting from such injury or death. In the event of death of the victim, an award may be made for reasonable and necessary expenses actually incurred for preparation and burial not to exceed five thousand dollars.

6. Any compensation for loss of earnings or support from gainful employment shall be in an amount equal to the actual loss sustained not to exceed two hundred dollars per week; provided, however, that no award [under] pursuant to sections 595.010 to 595.075 shall exceed [fifteen] twenty-five thousand dollars. If two or more persons are entitled to compensation as a result of the death of a person which is the direct result of a crime or in the case of a sexual assault, the compensation shall be apportioned by the division of workers' compensation among the claimants in proportion to their loss.

7. The method and timing of the payment of any compensation [under] pursuant to sections 595.010 to 595.075 shall be determined by the division.

595.035. 1. For the purpose of determining the amount of compensation payable pursuant to sections 595.010 to 595.075, the division of workers' compensation shall, insofar as practicable, formulate standards for the uniform application of sections 595.010 to 595.075, taking into consideration the provisions of sections 595.010 to 595.075, the rates and amounts of compensation payable for injuries and death [under] pursuant to other laws of this state and of the United States, excluding pain and suffering, and the availability of funds appropriated for the purpose of sections 595.010 to 595.075. All decisions of the division of workers' compensation on claims heard [under] pursuant to sections 595.010 to 595.075 shall be in writing, setting forth the name of the claimant, the amount of compensation and the reasons for the decision. The division of workers' compensation shall immediately notify the claimant in writing of the decision and shall forward to the state treasurer a certified copy of the decision and a warrant for the amount of the claim. The state treasurer, upon certification by the commissioner of administration, shall, if there are sufficient funds in the crime victims' compensation fund, pay to or on behalf of the claimant the amount determined by the division.

2. The crime victims' compensation fund is not a state health program and is not intended to be used as a primary payor to other health care assistance programs, but is a public, quasi-charitable fund whose fundamental purpose is to assist victims of violent crimes through a period of financial hardship, as a payor of last resort. Accordingly, any compensation paid pursuant to sections 595.010 to 595.075 shall be reduced by the amount of any payments, benefits or awards received or to be received as a result of the injury or death:

(1) From or on behalf of the offender;

(2) Under private or public insurance programs, including champus, medicare, medicaid and other state or federal programs, but not including any life insurance proceeds; or

(3) From any other public or private funds, including an award payable [under] pursuant to the workers' compensation laws of this state.

3. In determining the amount of compensation payable, the division of workers' compensation shall determine whether, because of the victim's consent, provocation, incitement or negligence, the victim contributed to the infliction of the victim's injury or death, and shall reduce the amount of the compensation or deny the claim altogether, in accordance with such determination; provided, however, that the division of workers' compensation may disregard the responsibility of the victim for his or her own injury where such responsibility was attributable to efforts by the victim to aid a victim, or to prevent a crime or an attempted crime from occurring in his or her presence, or to apprehend a person who had committed a crime in his or her presence or had in fact committed a felony.

4. In determining the amount of compensation payable pursuant to sections 595.010 to 595.070, monthly social security disability or retirement benefits received by the victim shall not be considered by the division as a factor for reduction of benefits.

5. The division shall not be liable for payment of compensation for any out-of-pocket expenses incurred more than three years following the date of the occurrence of the crime upon which the claim is based."; and

Amend the title, enacting clause and intersectional references accordingly.

Representative Monaco raised a point of order that House Amendment No. 9 goes beyond the scope of the bill.

The Chair ruled the point of order not well taken.

On motion of Representative Kelly (27), House Amendment No. 9 was adopted.

Representative Richardson offered House Amendment No. 10.

House Amendment No. 10

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 267, Page 60, Section 3, Line 18, by adding after the word "annexed" the words "or divided.".

Representative Lograsso offered House Substitute Amendment No. 1 for House Amendment No. 10.

House Substitute Amendment No. 1

for

House Amendment No. 10

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 267, Page 60, Section 3, Line 18, by adding after the word "annexed" the words "or acquired.".

On motion of Representative Lograsso, House Substitute Amendment No. 1 for House Amendment No. 10 was adopted.

Representative Gambaro offered House Amendment No. 11.

Representative Ridgeway raised a point of order that House Amendment No. 11 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Luetkemeyer offered House Amendment No. 11.

Representative Monaco raised a point of order that House Amendment No. 11 is not germane and goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Boucher offered House Amendment No. 11.

Representative Monaco raised a point of order that House Amendment No. 11 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Clayton offered House Amendment No. 11.

Representative Wright raised a point of order that House Amendment No. 11 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Phillips offered House Amendment No. 11.

Representative Monaco raised a point of order that House Amendment No. 11 is not germane and goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Ridgeway offered House Amendment No. 11.

House Amendment No. 11

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 267, Page 14, Section 196.790, Line 8, by adding after said line the following:

"386.515. Prior to August 28, 2001, in proceedings before the Missouri Public Service Commission, consistent with the decision of the Supreme Court of Missouri State ex rel. Anderson Motor Service Co., Inc. v. Public Service Commission, 97 S.W. 2d 116 (Mo. banc 1936) the review procedure provided for in Section 386.510 is exclusive to any other procedure. An application for rehearing is required to be served on all parties and is a prerequisite to the filing of an application for writ of review. The application for rehearing puts the parties to the proceeding before the Commission on notice that a writ of review can follow and any such review may proceed without formal notification or summons to said parties. On and after August 28, 2001, the review procedure provided for in Section 386.510 continues to be exclusive except that a copy of any such writ of review shall be provided to each party to the proceeding before the Commission, or his attorney of record, by hand delivery or by registered mail, and proof of such delivery or mailing shall be filed in the case as provided by Section 536.110.2.".

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

Representative Smith offered House Amendment No. 12.

House Amendment No. 12

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 267, Section 455.040, Page 18, Line 3, by inserting the following after all of said line:

"473.767. 1. In counties operating under fee retention, the public administrator shall before the first court day after the expiration of one year after their successor in office has qualified, file a final settlement as required by section 473.540 for all estates in their charge as public administrator in which final settlement can be made. On the first court day after the expiration of one year after the election of a successor to the public administrator, the judge of the probate division, upon the judge's own motion, shall order the public administrator to account for and deliver all money, property, or papers belonging to all estates in his or her hands in which final settlement cannot be made, to the successor in office, or to the heirs of any estate, or to any executor or administrator regularly appointed, and such accounting and delivery shall be accomplished during the sixty days next thereafter.

2. In counties where the public administrator is paid a salary, the public administrator shall deliver property and make necessary filings as required in this section prior to leaving his or her term of office.

[3. Notwithstanding the provisions of subsection 1 of this section, the former public administrator or their legal representative, upon approval and order of the judge of the probate division of the circuit court having jurisdiction over the estates in which the former public administrator has been appointed personal representative, guardian or conservator, shall turn over the administration of the estates to the successor public administrator. A copy of the annual account of each estate in part covering the term of the former public administrator shall be filed with the probate division by the successor public administrator and the successor public administrator shall be charged with the assets and liabilities shown thereby.]"; and

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

On motion of Representative Smith, House Amendment No. 12 was adopted.

Representative Byrd offered House Amendment No. 13.

House Amendment No. 13

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 267, Page 27, Section 488.429, Lines 5-7, by striking the phrase "and for the acquisition of necessary equipment and maintenance of court facilities approved by order of the judges of the circuit court, en banc;".

On motion of Representative Byrd, House Amendment No. 13 was adopted.

Representative Carnahan offered House Amendment No. 14.

House Amendment No. 14

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 267, Page 50, Section 565.030, Line 7, by inserting after all of said line the following:

"595.045. 1. There is established in the state treasury the "Crime Victims' Compensation Fund". A surcharge of [five] ten dollars shall be assessed as costs in each court proceeding filed in any court in the state in all criminal cases including violations of any county ordinance or any violation of criminal or traffic laws of the state, including an infraction and violation of a municipal ordinance; except that no such fee shall be collected in any proceeding in any court when the proceeding or the defendant has been dismissed by the court or when costs are to be paid by the state, county, or municipality. A surcharge of [five] ten dollars shall be assessed as costs in a juvenile court proceeding in which a child is found by the court to come within the applicable provisions of subdivision (3) of subsection 1 of section 211.031, RSMo.

2. Notwithstanding any other provision of law to the contrary, the moneys collected by clerks of the courts pursuant to the provisions of subsection 1 of this section shall be collected and disbursed in accordance with sections 488.010 to 488.020, RSMo, and shall be payable to the director of the department of revenue.

3. The director of revenue shall deposit annually the amount of two hundred fifty thousand dollars to the state forensic laboratory account administered by the department of public safety to provide financial assistance to defray expenses of crime laboratories if such analytical laboratories are registered with the federal Drug Enforcement Agency or the Missouri department of health. Subject to appropriations made therefor, such funds shall be distributed by the department of public safety to the crime laboratories serving the courts of this state making analysis of a controlled substance or analysis of blood, breath or urine in relation to a court proceeding.

[3.] 4. The remaining funds collected under subsection 1 of this section shall be denoted to the payment of an annual appropriation for the administrative and operational costs of the office for victims of crime and, if a statewide automated crime victim notification system is established pursuant to section 650.310, RSMo, to the monthly payment of expenditures actually incurred in the operation of such system. Additional remaining funds shall be subject to the following provisions:

(1) On the first of every month, the director of revenue or the director's designee shall determine the balance of the funds in the crime victims' compensation fund available to satisfy the amount of compensation payable pursuant to sections 595.010 to 595.075, excluding sections 595.050 and 595.055;

(2) Beginning on October 1, 1996, and on the first of each month, if the balance of the funds available exceeds one million dollars plus one hundred percent of the previous twelve months' actual expenditures, excluding the immediate past calendar month's expenditures, paid pursuant to sections 595.010 to 595.075, excluding sections 595.050 and 595.055, then the director of revenue or the director's designee shall deposit fifty percent to the credit of the crime victims' compensation fund and fifty percent to the services to victims' fund established in section 595.100;

(3) Beginning on October 1, 1996, and on the first of each month, if the balance of the funds available is less than one million dollars plus one hundred percent of the previous twelve months' actual expenditures, excluding the immediate past calendar month's expenditures, paid pursuant to sections 595.010 to 595.075, excluding sections 595.050 and 595.055, then the director of revenue or the director's designee shall deposit seventy-five percent to the credit of the crime victims' compensation fund and twenty-five percent to the services to victims' fund established in section 595.100.

[4.] 5. The director of revenue or such director's designee shall at least monthly report the moneys paid pursuant to this section into the crime victims' compensation fund and the services to victims fund to the division of workers' compensation and the department of public safety, respectively.

[5.] 6. The moneys collected by clerks of municipal courts pursuant to subsection 1 of this section shall be collected and disbursed as provided by sections 488.010 to 488.020, RSMo. Five percent of such moneys shall be payable to the city treasury of the city from which such funds were collected. The remaining ninety-five percent of such moneys shall be payable to the director of revenue. The funds received by the director of revenue pursuant to this subsection shall be distributed as follows:

(1) On the first of every month, the director of revenue or the director's designee shall determine the balance of the funds in the crime victims' compensation fund available to satisfy the amount of compensation payable pursuant to sections 595.010 to 595.075, excluding sections 595.050 and 595.055;

(2) Beginning on October 1, 1996, and on the first of each month, if the balance of the funds available exceeds one million dollars plus one hundred percent of the previous twelve months' actual expenditures, excluding the immediate past calendar month's expenditures, paid pursuant to sections 595.010 to 595.075, excluding sections 595.050 and 595.055, then the director of revenue or the director's designee shall deposit fifty percent to the credit of the crime victims' compensation fund and fifty percent to the services to victims' fund established in section 595.100;

(3) Beginning on October 1, 1996, and on the first of each month, if the balance of the funds available is less than one million dollars plus one hundred percent of the previous twelve months' actual expenditures, excluding the immediate past calendar month's expenditures, paid pursuant to sections 595.010 to 595.075, excluding sections 595.050 and 595.055, then the director of revenue or the director's designee shall deposit seventy-five percent to the credit of the crime victims' compensation fund and twenty-five percent to the services to victims' fund established in section 595.100.

[6.] 7. These funds shall be subject to a biennial audit by the Missouri state auditor. Such audit shall include all records associated with crime victims' compensation funds collected, held or disbursed by any state agency.

[7.] 8. In addition to the moneys collected pursuant to subsection 1 of this section, the court shall enter a judgment in favor of the state of Missouri, payable to the crime victims' compensation fund, of sixty-eight dollars if the conviction is for a class A or B felony; forty-six dollars if the conviction is for a class C or D felony; and ten dollars if the conviction is for any misdemeanor under the following Missouri laws:

(1) Chapter 195, RSMo, relating to drug regulations;

(2) Chapter 311, RSMo, but relating only to felony violations of this chapter committed by persons not duly licensed by the supervisor of liquor control;

(3) Chapter 491, RSMo, relating to witnesses;

(4) Chapter 565, RSMo, relating to offenses against the person;

(5) Chapter 566, RSMo, relating to sexual offenses;

(6) Chapter 567, RSMo, relating to prostitution;

(7) Chapter 568, RSMo, relating to offenses against the family;