Journal of the House

First Regular Session, 91st General Assembly

SEVENTY-FOURTH DAY, Tuesday, May 15, 2001

Speaker Pro Tem Abel in the Chair.

Prayer by Father David Buescher.

Oh God, Your ways may be level and smooth, but this House, in its last week in session, is anything but serene. Give these men and women some of Your calmness and sanity. Bid Your angels aid our thought processes, and gather in the nooks and crannies, that the work of this Chamber moves forward to prompt and proper completion.

Let politics play the back seat to moral decision, that our representatives may do any voting based on their inner convictions. Hold this place and all present here in the palm of Your strong and gentle hands. 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: Jamie Crane, Whitney Stipp, Kaylay Isaac, Amy Mundy, Sarah Occhipinto, Sarah Littleton, Melissa Sperry, Pleasants Robinson, Tim Michael, Dustin Veach, Anthony Egger, Korey Lewis, Jessica Church and Brian Schneier.

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

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 2115 - Representative Relford

House Resolution No. 2116 - Representative Bearden

House Resolution No. 2117 - Representatives Vogel and Gratz

House Resolution No. 2118

through

House Resolution No. 2122 - Representative Riback Wilson (25)

House Resolution No. 2123 - Representative Marble

House Resolution No. 2124 - Representative Crawford

House Resolution No. 2125

through

House Resolution No. 2128 - Representative Williams

House Resolution No. 2129 - Representatives O'Toole, Harlan and Mays (50)

House Resolution No. 2130 - Representative Green (15)

House Resolution No. 2131

and

House Resolution No. 2132 - Representative Fraser

THIRD READING OF SENATE BILL - CONSENT - INFORMAL

SB 556, relating to liquor license for gaming boats, was taken up and placed back on the Informal Calendar.

THIRD READING OF SENATE BILL - INFORMAL

HCS SS SCS SB 369, with HS, as amended, pending, relating to utility access to public rights-of-way, was taken up by Representative Burton.

Representative Relford 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. 369, Page 3, Section 67.1830, Line 20, by inserting after the words "public right-of-way" (before the comma) the following:

"except in the case where the right-of-way user does not provide any direct services within the political subdivision and where the political subdivision may establish or has established a reasonable right-of-way user fee on a competitively neutral and nondiscriminatory basis"; and

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

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

Which motion was defeated.

Representative Hosmer offered House Amendment No. 5.

Representative Burcham raised a point of order that House Amendment No. 5 amends previously amended material and goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Shields 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. 369, Page 5, Section 67.1830, Line 17, by inserting after the word "noncompliance", before the comma, the following: "within the political subdivision as defined by the political subdivision"; and

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

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

Representative Smith 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. 369, Page 16, Section 67.1840, Line 18, by adding the following after said line:

"5. Each public utility right-of-way shall indicate on each customer bill the number of excavations made by the user within the political subdivisions in the past twelve months.".

Representative Smith moved that House Amendment No. 6 be adopted.

Which motion was defeated.

Representative Monaco offered House Amendment No. 7.

Representative Villa assumed the Chair.

Speaker Pro Tem Abel resumed the Chair.

House Amendment No. 7 was withdrawn.

Representative Monaco 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. 369, Page 4, Section 67.1830, Lines 12 and 13, by deleting the following words: "degradation of the public right of way"; and

Further amend said bill, Page 6, Section 67.1830, Line 17, by adding after said line the following:

"(i) Establish street degradation fees to cover the reduction in the useful life of the right-of-way caused by each excavation if such fees are paid by all excavators of the right of way including the political subdivision and are dedicated to street replacement."; and

Further amend said bill, Page 19, Section 67.1846, Line 10 after the period (.), by deleting the word "Nothing"; and

Further amend said bill, Page 19, Section 67.1846, Lines 11 and 12, by deleting said lines; and

Further amend said bill, Page 19, Section 67.1846, Line 13, by deleting the words "degradation fee.".

Representative Burton offered House Substitute Amendment No. 1 for House Amendment No. 7.

House Substitute Amendment No. 1

for

House Amendment No. 7

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 369, Page 6, Section 67.1830, Line 17, by adding after said line the following:

"(i) Establish street degradation fees to cover the reduction in the useful life of the right-of-way caused by each excavation if such fees are paid by all excavators of the right of way including the political subdivision and are dedicated to street replacement but any degradation fee must be in effect by May 1, 2001.".

On motion of Representative Burton, House Substitute Amendment No. 1 for House Amendment No. 7 was adopted by the following vote:

Representative Villa resumed the Chair.

Representative Legan 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. 369, Page 17, Section 67.1842, Lines 21-24, by deleting all of said lines; and

Further amend Page 18, Section 67.1842, Lines 1 and 2, by deleting all of said lines; and

Further amend intersectional references accordingly.

Speaker Pro Tem Abel resumed the Chair.

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

Representative Hegeman offered House Amendment No. 9.

Representative Green (73) 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 Hosmer 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. 369, Page 21, Section 67.1846, Line 9, by adding after said line the following:

"67.1848. The provisions of Sections 67.1830 to 67.1846 shall apply to all roads and highways under the jurisdiction of the Missouri Department of Transportation."; and

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

Representative Burton 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.

Representative Hosmer moved that House Amendment No. 9 be adopted.

Which motion was defeated.

Representative Scott offered House Amendment No. 10.

Representative Green (73) raised a point of order that House Amendment No. 10 is not germane to the bill.

The Chair ruled the point of order well taken.

Representative Monaco 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. 369, Page 21, Section 67.1846, Line 9, by inserting after all of said line the following:

"Section 1. The provisions of sections 67.1830 to 67.1846 shall not apply to any county of the first classification with a charter form of government with a population of more than 600,000 but less than 700,000 inhabitants."; and

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

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

Which motion was defeated.

On motion of Representative Burton, HS HCS SS SCS SB 369, as amended, was adopted.

On motion of Representative Burton, HS HCS SS SCS SB 369, as amended, was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

Speaker Kreider assumed the Chair.

Representative Johnson (90) moved that House Resolution No. 2112 and House Resolution No. 2113 be printed in the House Journal.

Which motion was adopted.

HOUSE RESOLUTIONS

HOUSE RESOLUTION NO. 2112

WHEREAS, the members of the Missouri House of Representatives occasionally pause in their diverse endeavors near the end of the long, arduous legislative session in order to recognize House employees whose dedication, devotion, and skills have helped to support the democratic processes by which the legislative branch of Show-Me State government functions; and

WHEREAS, on Tuesday, May 15, 2001, the House of Representatives will hold a House Employees Recognition Ceremony in the beautiful and impressive Chamber; and

WHEREAS, Vanessa Fisher, Legislative Assistant to the Honorable Susan Phillips, State Representative from the Thirty-second District, will receive many accolades and honors for Outstanding Customer Service; and

WHEREAS, an exceptional servant to the state of Missouri, Vanessa Fisher is helpful, patient, and always cheerful; and

WHEREAS, with well-deserved repute as someone with whom it is pleasant to work, Vanessa Fisher always goes beyond the call of duty; and

WHEREAS, Vanessa Fisher has more than twenty years of experience as a Legislative Assistant who knows the ins and outs and her way around many diverse state agencies; and

WHEREAS, although not part of her official job description, Vanessa Fisher is always "on call" to assist other Legislative Assistants who have computer problems or need to work their way through unfamiliar procedures when the Information Systems Office is busy; and

WHEREAS, Vanessa Fisher has a heartfelt call to service and a reputation for courtesy to everyone:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-first General Assembly, join unanimously to applaud the selection of Vanessa Fisher for an Outstanding Customer Service Recognition award and to convey to her this legislative body's heartiest appreciation for her ongoing legacy of work which is always well done; and

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution in honor of Vanessa Fisher, Legislative Assistant to Representative Susan Phillips.

HOUSE RESOLUTION NO. 2113

WHEREAS, the members of the Missouri House of Representatives occasionally pause in their diverse endeavors near the end of the long, arduous legislative session in order to recognize House employees whose dedication, devotion, and skills have helped to support the democratic processes by which the legislative branch of Show-Me State government functions; and

WHEREAS, on Tuesday, May 15, 2001, the House of Representatives will hold a House Employees Recognition Ceremony in the beautiful and impressive Chamber; and

WHEREAS, Sharon Bertels, Constituent Information Specialist in the House Publications Office, will receive many accolades and honors for Outstanding Customer Service; and

WHEREAS, exemplifying an employee who provides outstanding service to the House and to the state of Missouri, Sharon Bertels is known for possessing an enormous amount of patience and perseverance in dealing with ever-changing minds and ideas; and

WHEREAS, with a quiet and calm response to any verbal communication directed her way, Sharon Bertels always has a smile, polite demeanor, and spirit of kindness for others; and

WHEREAS, Sharon Bertels' personal initiative and motivation challenge her colleagues to always do their best; and

WHEREAS, helping out whenever and wherever she is needed, Sharon Bertels is willing to devote herself to extra long hours to get her assigned duties and responsibilities done correctly; and

WHEREAS, going out of her way to learn the complete process necessary to find methods to improve and save time and money, Sharon Bertels is willing to let her service to the House extend well beyond her job description:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-first General Assembly, join unanimously to applaud the selection of Sharon Bertels for an Outstanding Customer Service Recognition award and to convey to her this legislative body's heartiest appreciation for her ongoing legacy of work which is always well done; and

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution in honor of Sharon Bertels, Constituent Information Specialist in the House Publications Office.

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 HB 262, entitled:

An act to amend chapter 160, RSMo, by adding thereto one new section, relating to certain public school records.

With Senate Committee Amendment No. 1, Senate Amendment No. 2, Senate Amendment No. 3, Senate Amendment No. 1 to Senate Amendment No. 4 and Senate Amendment No. 4, as amended

Senate Committee Amendment No. 1

AMEND House Bill No. 262, Page 1, Section 160.067, Line 7, by inserting immediately before the word "No" the following: "Except as otherwise provided by federal law,".

Senate Amendment No. 2

AMEND House Bill No. 262, Page 2, Section 160.067, Line 15, by inserting immediately after said line the following:

"162.481. 1. Except as otherwise provided in this section, all elections of school directors in urban districts shall be held biennially at the same times and places as municipal elections.

2. In any urban district which includes all or the major part of a city which first obtained a population of more than seventy-five thousand inhabitants by reason of the 1960 federal decennial census, elections of directors shall be held on municipal election days of even-numbered years. The directors of the prior district shall continue as directors of the urban district until their successors are elected as herein provided. On the first Tuesday in April, 1964, four directors shall be elected, two for terms of two years to succeed the two directors of the prior district who were elected in 1960 and two for terms of six years to succeed the two directors of the prior district who were elected in 1961. The successors of these directors shall be elected for terms of six years. On the first Tuesday in April, 1968, two directors shall be elected for terms to commence on November 5, 1968, and to terminate on the first Tuesday in April, 1974, when their successors shall be elected for terms of six years. No director shall serve more than two consecutive six-year terms after October 13, 1963.

3. Except as otherwise provided in subsection 4 of this section, hereafter when a seven-director district becomes an urban district, the directors of the prior seven-director district shall continue as directors of the urban district until the expiration of the terms for which they were elected and until their successors are elected as provided in this subsection. The first biennial school election for directors shall be held in the urban district at the time provided in subsection 1 which is on the date of or subsequent to the expiration of the terms of the directors of the prior district which are first to expire, and directors shall be elected to succeed the directors of the prior district whose terms have expired. If the terms of two directors only have expired, the directors elected at the first biennial school election in the urban district shall be elected for terms of six years. If the terms of four directors have expired, two directors shall be elected for terms of six years and two shall be elected for terms of four years. At the next succeeding biennial election held in the urban district, successors for the remaining directors of the prior seven-director district shall be elected. If only two directors are to be elected they shall be elected for terms of six years each. If four directors are to be elected, two shall be elected for terms of six years and two shall be elected for terms of two years. After seven directors of the urban district have been elected under this subsection, their successors shall be elected for terms of six years.

4. In any school district in any city with a population of one hundred thousand or more inhabitants which is located within a county of the first classification that adjoins no other county of the first classification, or any school district which becomes an urban school district by reason of the 2000 federal decennial census, elections shall be held annually at the same times and places as general municipal elections for all years where one or more terms expire, and the terms shall be for three years and until their successors are duly elected and qualified for all directors elected on and after August 28, 1998."; and

Further amend the title and enacting clause accordingly.

Senate Amendment No. 3

AMEND House Bill No. 262, Page 2, Section 160.067, Line 15, by inserting immediately after said line the following:

"610.033. In addition to the restrictions on the release of education records provided by the federal Family Educational Rights and Privacy Act, an institution of higher education may, without a subpoena or court order, disclose to a parent or legal guardian of a student information regarding a student's violation of any federal, state or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the student's education records, only if (a) the student is under the age of twenty-one at the time of disclosure; (b) the institution has determined that the student has committed a disciplinary violation with respect to such use or possession; and (c) either the student demonstrates that he or she is not financially dependent on his or her parent or legal guardian as defined in Section 152 of the federal Internal Revenue Code of 1954 or the student has signed and filed with the institution a consent form permitting such disclosure."; and

Further amend the title and enacting clause accordingly.

Senate Amendment No. 1

to

Senate Amendment No. 4

AMEND Senate Amendment No. 4 to House Bill No. 262, Page 2, Section 451.040, Subsection 2, Line 7, by deleting the words: "upon the expiration of three days after the receipt of the application"; and

Further amend said line, by capitalizing the word "the" after the word "application" on said line.

Senate Amendment No. 4

AMEND House Bill No. 262, Page 1, In the Title, Lines 2 and 3, by striking both of said lines and inserting in lieu thereof the following:

"To repeal sections 451.022 and 451.040, RSMo 2000, relating to certain public records, and to enact in lieu thereof three new sections relating to the same subject."; and

Further amend said bill and page, Section A, Lines 1 and 2, by striking all of said lines and inserting in lieu thereof the following:

"Section A. Sections 451.022 and 451.040, RSMo 2000, are repealed, and three new sections enacted in lieu thereof, to be known as sections 160.067, 451.022 and 451.040, to read as follows:"; and

Further amend said bill, Page 2, Section 160.067, Line 15, by inserting after said line the following:

"[451.022. 1. It is the public policy of this state to recognize marriage only between a man and a woman.

2. Any purported marriage not between a man and a woman is invalid.

3. No recorder shall issue a marriage license, except to a man and a woman.]

451.022. 1. It is the public policy of this state to recognize marriage only between a man and a woman.

2. Any purported marriage not between a man and a woman is invalid.

3. No recorder shall issue a marriage license, except to a man and a woman.

4. A marriage between persons of the same sex will not be recognized for any purpose in this state even when valid where contracted.

451.040. 1. Previous to any marriage in this state, a license for that purpose shall be obtained from the officer authorized to issue the same, and no marriage shall present an application for the license, duly executed and signed in the presence of the recorder of deeds or their deputy. Each applicant for a license shall contain the Social Security number of the applicant, provided that the applicant in fact has a Social Security number, or the applicant shall sign a statement provided by the recorder that the applicant does not have a Social Security number. The Social Security number contained in an application for a marriage license shall be exempt from examination and copying pursuant to section 610.024, RSMo. Upon the expiration of three days after the receipt of the application the recorder of deeds shall issue the license, unless one of the parties withdraws the application. The license shall be void after thirty days from the date of issuance.

3. Provided, however, that such license may be issued on order of a circuit or associate circuit judge of the county in which the license is applied for, without waiting three days, such license being issued only for good cause shown and by reason of such unusual conditions as to make such marriage advisable.

4. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor.

5. Common-law marriages shall be null and void.

6. Provided, however, that no marriage shall be deemed or adjudged invalid, nor shall the validity be in any way affected for want of authority in any person so solemnizing the marriage pursuant to section 451.100, if consummated with the full belief on the part of the persons, so married, or either of them, that they were lawfully joined in marriage.".

In which the concurrence of the House is respectfully requested.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HS HCS SB 72, as amended, and requests that the House recede from its position and failing to do so, grant the Senate a conference thereon.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HS HCS SCS SB 236, as amended, and requests that the House recede from its position and failing to do so, grant the Senate a conference thereon.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House on HCS SB 274: Senators Caskey, Kenney, Foster, Jacob and Gross.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HS HCS SB 460, as amended, and requests that the House 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 HCR 22.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCR 23.

CONFERENCE COMMITTEE REPORT

ON

HOUSE COMMITTEE SUBSTITUTE

FOR

SENATE BILL NO. 319

Mr. Speaker: Your Conference Committee, appointed to confer with a like Committee of the Senate, on House Committee Substitute for Senate Bill No. 319, with House Amendment Nos. 1 and 3, begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position on House Committee Substitute for Senate Bill No. 319, as amended;

2. That the Senate recede from its position on Senate Bill No. 319;

3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Bill No. 319 be Truly Agreed To and Finally Passed.

FOR THE HOUSE: FOR THE SENATE:

/s/ Connie Johnson (61) /s/ Mary Bland

/s/ Randall Relford /s/ Steve Stoll

/s/ Richard Franklin /s/ Roseann Bentley

/s/ Peter Myers /s/ Anita Yeckel

/s/ Charlie Shields /s/ Bill Kenney

CONFERENCE COMMITTEE REPORT

ON

SENATE COMMITTEE SUBSTITUTE

FOR

HOUSE COMMITTEE SUBSTITUTE

FOR

HOUSE BILL NOS. 302 & 38

Mr. Speaker: Your Conference Committee, appointed to confer with a like Committee of the Senate, on Senate Committee Substitute for House Committee Substitute for House Bill Nos. 302 & 38, with Senate Amendment No. 1 and Senate Amendment No. 3, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill Nos. 302 & 38, as amended;

2. That the House recede from its position on House Committee Substitute for House Bill Nos. 302 & 38;

3. That the attached Conference Committee Substitute for Senate Committee Substitute for House Committee Substitute for House Bill Nos. 302 & 38 be adopted.

FOR THE HOUSE: FOR THE SENATE:

/s/ Rep. Craig Hosmer /s/ Sen. Morris Westfall

/s/ Rep. Phillip Britt /s/ Sen. Marvin Singleton

/s/ Rep. Gary Kelly /s/ Sen. David Klarich

/s/ Rep. Robert Mayer /s/ Sen. Ted House

/s/ Rep. Sam Gaskill /s/ Sen. Harold Caskey

CONFERENCE COMMITTEE REPORT

ON

HOUSE COMMITTEE SUBSTITUTE

FOR

SENATE BILL NO. 274

Mr. Speaker: Your Conference Committee, appointed to confer with a like Committee of the Senate, on House Committee Substitute for Senate Bill No. 274, begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position on House Committee Substitute for Senate Bill No. 274;

2. That the Senate recede from its position on Senate Bill No. 274;

3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Bill No. 274 be Truly Agreed To and Finally Passed.

FOR THE HOUSE: FOR THE SENATE:

/s/ Tim Harlan /s/ Harold Caskey

/s/ Meg Harding /s/ Bill Kenney

/s/ Jenee' Lowe /s/ Bill Foster

/s/ James Froelker /s/ Ken Jacob

/s/ Charles Portwood /s/ Chuck Gross

On motion of Representative Crump, the House recessed until 1:30 p.m.

AFTERNOON SESSION

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

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 2133 - Representative Surface

House Resolution No. 2134 - Representative Legan

House Resolution No. 2135 - Representative Kelley (47)

House Resolution No. 2136

and

House Resolution No. 2137 - Representative Griesheimer

House Resolution No. 2138 - Representative Villa

House Resolution No. 2139 - Representatives Williams and Berkstresser

House Resolution No. 2140 - Representative Hanaway

House Resolution No. 2141 - Representative Johnson (61)

House Resolution No. 2142 - Representative Wilson (42)

House Resolution No. 2143 - Representative Coleman

House Resolution No. 2144

through

House Resolution No. 2147 - Representative Scott

House Resolution No. 2148 - Representative Secrest

House Resolution No. 2149 - Representative Copenhaver

House Resolution No. 2150 - Representative Copenhaver, et al

House Resolution No. 2151 - Representatives Copenhaver and Seigfreid

House Resolution No. 2152

through

House Resolution No. 2155 - Representative Boucher

COMMITTEE REPORT

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

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred SCS SB 387 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

THIRD READING OF SENATE BILL - CONSENT - INFORMAL

SB 556, relating to liquor license for gaming, was taken up by Representative Hoppe.

On motion of Representative Hoppe, SB 556 was truly agreed to and finally passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HOUSE BILLS WITH SENATE AMENDMENTS

SS SCS HB 453, as amended, relating to environmental commissions, was taken up by Representative Ransdall.

Representative Ransdall moved that the House refuse to adopt SS SCS HB 453, as amended, and request the Senate to recede from its position or, failing to do so, grant the House a conference.

Which motion was adopted.

HB 621, with Senate Committee Amendment No. 1 and Senate Amendment No. 1, relating to the penitentiary redevelopment commission, was taken up by Representative Gratz.

Representative Gratz moved that the House refuse to concur in Senate Committee Amendment No. 1 and Senate Amendment No. 1 to HB 621 and request the Senate to recede from its position or, failing to do so, grant the House a conference.

Which motion was adopted.

SCS HCS HB 241, as amended, relating to trusts, was taken up by Representative Smith.

Representative Smith moved that the House refuse to adopt SCS HCS HB 241, as amended, and request the Senate to recede from its position or, failing to do so, grant the House a conference.

Which motion was adopted.

BILLS CARRYING REQUEST MESSSAGES

HS HCS SB 460, as amended, relating to sales/use tax, was taken up by Representative Kennedy.

Representative Kennedy moved that the House refuse to recede from its position on HS HCS SB 460, as amended, and grant the Senate a conference.

Which motion was adopted.

HS HCS SB 72, as amended, relating to electronic storage of records, was taken up by Representative Smith.

Representative Smith moved that the House refuse to recede from its position on HS HCS SB 72, as amended, and grant the Senate a conference.

Which motion was adopted.

HS HCS SCS SB 236, as amended, relating to public assistance programs, was taken up by Representative Ladd Baker.

Representative Ladd Baker moved that the House refuse to recede from its position on HS HCS SCS SB 236, as amended, and request the Senate take up and pass the bill.

Which motion was adopted.

APPOINTMENT OF CONFERENCE COMMITTEES

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

HS HCS SB 460: Representatives Kennedy, Hosmer, Smith, Hegeman and Dolan

HS HCS SB 72: Representatives Smith, Scheve, Foley, Richardson and Dempsey

THIRD READING OF SENATE BILL

SB 500, relating to job training, was taken up by Representative Rizzo.

On motion of Representative Rizzo, SB 500 was truly agreed to and finally passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

THIRD READING OF SENATE BILL - INFORMAL

HCS SCS SB 266, relating to the Department of Health programs, was taken up by Representative Barry.

Representative Barry offered HS HCS SCS SB 266.

Representative Barry offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 266, Page 4, Section 191.714, Lines 2 to 11, by deleting all of said lines and inserting in lieu thereof the following:

"5. An evaluation committee established pursuant to this section shall consist of at least five members but no more than ten members. At least half of the members of the committee shall be frontline health care workers at such facility from a variety of occupational classifications and departments, including but not limited to nurses, nurse aides, technicians, phlebotomists and physicians, who shall be selected by the facility to advise the employer on the implementation of the requirements of this section. In facilities where there are one or more representatives certified by the state board of mediation to represent frontline healthcare workers at such facility, the facility shall consult with such representatives as to the composition and membership of the committee. All members of the committee shall be trained in the proper method of utilizing product evaluation criteria prior to the commencement of any product evaluation. Committee members shall serve two-year terms, with the initial terms beginning thirty days after the formation of such committee and the subsequent terms beginning every two years thereafter. Vacancies on the committee shall be filled for the remainder of the term by the facility in the same manner as was used to appoint the vacating member. Members may serve consecutive terms. Members shall not be given additional compensation for their duties on such committee.".

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

Speaker Kreider resumed the Chair.

Representative Smith offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 266, Pages 8-13, Section 191.940, by deleting all of said section and inserting in lieu thereof the following:

"191.940. 1. For the purposes of this section the following terms mean:

(1) "Disclose", to release, transfer, provide access to, or divulge in any other manner information outside the entity holding the information, except that disclosure shall not include any information divulged directly to the individual to whom such information pertains;

(2) "Federal Privacy Rules", the federal Health Insurance Portability and Accountability Act privacy rules promulgated by the United States Department of Health and Human Services, 45 CFR Parts 160 to 164;

(3) "Health Information", any information or data except age or gender, whether oral or recorded in any form or medium, created by or derived from a health care provider or an individual that relates to:

(a) The past, present or future physical, mental or behavioral health or condition of an individual;

(b) The provision of health care to an individual; or

(c) Payment for the provision of health care to an individual;

(4) "Licensee", all licensed insurers, producers and other persons licensed or required to be licensed, or authorized or required to be authorized, or registered or required to be registered pursuant to chapter 375, RSMo, a health maintenance organization holding or required to hold, a certificate of authority pursuant to chapter 354, RSMo, or any other entity or person subject to the supervision and regulation of the department of insurance;

(5) "nonpublic personal health information", health information;

(a) That identifies an individual who is the subject of the information; or

(b) With respect to which there is a reasonable basis to believe that the information could be used to identify an individual;

(6) "Person", without limitation, an individual, a foreign or domestic corporation whether for profit or not-for-profit, a partnership a limited liability company, an unincorporated society or association, two or more persons having a joint or common interest, a governmental agency or any other entity.

2. Any person who, in the ordinary course of business, practice of a profession or rendering of a service, creates, stores, receives or furnishes nonpublic personal health information shall not disclose by any means of communication such nonpublic personal health information except pursuant to a prior, written authorization of the person to whom such information pertains or such person's authorized representative, if:

(1) The nonpublic personal health information is disclosed in exchange for consideration to an affiliate or other third party; or

(2) The purpose of the disclosure is:

(a) For the marketing of services or goods for personal, family or household purposes;

(b) To facilitate an employer's employment-related decisions, including, but not limited to, hiring, termination, and the establishment of any other conditions of employment, except as necessary to provide health or other benefits to an existing employee;

(c) For use in connection with the evaluation of an existing or requested extension of credit for personal, family or household purposes; or

(d) Unrelated to the business, practice or service offered by the disclosing person or entity.

(3) Nothing in this section shall be deemed to prohibit any disclosure of nonpublic personal health information as is necessary to comply with any other state or federal law.

4. Any person other than a licensee who knowingly violates the provisions of this section shall be assessed an administrative penalty of not more than five hundred dollars for each violation of this section. An administrative penalty under this section may be assessed by a state agency responsible for regulating the person or by the attorney general.

5. In addition to the penalties provided in subsection 4 of this section, any person that violates this section shall be subject to civil action for damages or equitable relief.

6. To the extent a person other than a licensee is subject to and complies with all requirements of the federal Health Insurance Portability and Accountability Act privacy rules promulgated by the United States Department of Health and Human Services, 45 CFR Parts 160 to 164 (the "federal privacy rules"), such person shall be deemed to be in compliance with this section. Until April 14, 2003, a person other than a licensee that is subject to the federal privacy rules shall be deemed to be in compliance with this section upon demonstration of a good faith effort to comply with the requirements of the federal privacy rules.

7. Irrespective of whether a licensee is subject to the federal privacy rules, if a licensee complies with all requirements of the federal privacy rules except for the effective date provision, the licensee shall be deemed to be in compliance with this section. Until April 14, 2003, a licensee shall deemed to be in compliance with this section upon demonstration of a good faith effort to comply with the requirements of the federal privacy rules.

8. If a licensee complies with the model regulation adopted on September 26, 2000, by the National Association of Insurance Commissioners entitled "Privacy of Consumer Financial and Health Information Regulation", the licensee shall be deemed to be in compliance with this section.

9. Notwithstanding the provisions of subsections 5, 6 and 7 of this section, no person or licensee may disclose nonpublic personal health information for marketing purposes contrary to paragraph (a) of subdivision (2) of subsection 2 of this section.

10. The provisions of this act do no apply to information from or to consumer reporting agencies as defined by the federal Fair Credit Reporting Act, 15 U.S.C. Sec. 1681 et seq., or debt collectors as defined by the federal Fair Debt Collection Practices Act, 15 U.S.C. Sec. 1692 et seq. to the extent these entities are engaged in activities regulated by these federal acts.

11. The provisions of this act do not apply to information disclosed in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit, including but not limited to the sale of a portfolio of loans, if the disclosure of nonpublic personal health information concerns solely consumers of the business or unit and the disclosure of the nonpublic personal health information is not the primary reason for the sale, merger, transfer or exchange.

12. The director of the department of insurance shall have the sole authority to enforce this section with respect to licensees including, without limitation, treating violations of this section by licensees as unfair practices pursuant to sections 375.930 to 375.948, RSMo.

13. There shall be established a "Commission on Health Information Privacy" to study the issue of the protection of the privacy of nonpublic personal health information. By January 1, 2003, the commission shall make a recommendation to the general assembly of what additional legislative measures should be enacted to protect the privacy of nonpublic health information, after which the commission shall expire.

(1) The members of the commission shall be named by the governor and shall be citizens and residents of the state. The commission shall consist of fifteen individuals: one representative from the health insurance industry; one representative from the life insurance industry; one representative from the property and casualty insurance industry; three representatives from consumer advocacy organizations; three representatives from health care provider organizations; one representative from the department of health; one representative from the department of insurance; and four at-large representatives with demonstrated interest or expertise in health information privacy issues.

(2) Members shall receive no remuneration for their services but shall be reimbursed for actual and reasonable expenses incurred by them in the performance of their duties.".

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

Representative Carnahan offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 266, Page 23, Section 376.1199, Line 3, by inserting after all of said line the following:

"376.1290. 1. Each entity offering individual and group health insurance policies providing coverage on an expense-incurred basis, individual and group service or indemnity type contracts issued by a health services corporation, individual and group service contracts issued by a health maintenance organization, all self-insured group arrangements, to the extent not preempted by federal law, and all managed health care delivery entities of any type or description that are delivered, issued for delivery, continued or renewed in this state on or after January 1, 2002, shall offer coverage for testing pregnant women for lead poisoning and for all testing for lead poisoning authorized by sections 701.340 to 701.349, RSMo, or by rule of the department of health promulgated pursuant to sections 701.340 to 701.349, RSMo.

2. Health care services required by this section shall not be subject to any greater deductible or co-payment than any other health care service provided by the policy, contract or plan.

3. No entity enumerated in subsection 1 of this section shall reduce or eliminate coverage as a result of the requirements of this section.

4. Nothing in this section shall apply to accident-only, specified disease, hospital indemnity, Medicare supplement, long-term care or other limited benefit health insurance policies.

701.322. Upon request of a physician, health care facility or third-party insurer, the department may provide laboratory services for tests related to contagious or infectious diseases. The department may conduct laboratory testing of blood specimens for lead content on behalf of a physician, hospital, clinic, free clinic, municipality or private organization which cannot secure or provide such services through other sources. The department of health may charge a fee for laboratory services rendered [under] pursuant to this section. [Such] Fees for tests related to contagious or infectious diseases shall be deposited in a separate account in the Missouri public health services fund, created in section 192.900, RSMo, and funds in such account shall be used to provide laboratory testing services by the department.

Fees for laboratory testing of blood specimens for lead content shall be deposited in the childhood lead testing fund created in section 701.345, RSMo.

701.326. 1. The department of health shall establish and maintain a lead poisoning information reporting system which shall include a record of lead poisoning cases which occur in Missouri along with the information concerning these cases which is deemed necessary and appropriate to conduct comprehensive epidemiologic studies of lead poisoning in this state and to evaluate the appropriateness of lead abatement programs.

2. The director of the department of health shall promulgate rules and regulations specifying the level of lead poisoning which shall be reported and any accompanying information to be reported in each case. Such information may include the patient's name, full residence address, and diagnosis, including the blood lead level. Such information may include pathological findings, the stage of the disease, environmental and known occupational factors, method of treatment and other relevant data from medical histories. Reports of lead poisoning shall be filed with the director of the department of health within a period of time specified by the director. The department shall prescribe the form and manner in which the information shall be reported.

3. The attending health care professional of any patient with lead poisoning shall provide to the department of health the information required pursuant to this section.

4. When a case of lead poisoning is reported to the director, the director shall inform such local boards of health, public health agencies, and other persons and organizations as the director deems necessary; provided that, the name of any child contracting lead poisoning shall not be included unless the director determines that such inclusion is necessary to protect the health and well-being of the affected individual.

701.328. 1. The department of health shall protect the identity of the patient and physician involved in the reporting required by sections 701.318 to [701.330] 701.349. Such identity shall not be revealed except that the identity of the patient shall be released only upon written consent of the patient. The identity of the physician shall be released only upon written consent of the physician.

2. The department may release without consent any information obtained pursuant to sections 701.318 to [701.330] 701.349, including the identities of certain patients or physicians, when the information is necessary for the performance of duties by public employees within, or the legally designated agents of, any state or local agency, department or political subdivision, but only when such employees and agents need to know such information to perform their public duties.

3. The department shall use or publish reports based upon materials reported pursuant to sections 701.318 to [701.330] 701.349 to advance research, education, treatment and lead abatement. The department shall geographically index the data from lead testing reports to determine the location of areas of high incidence of lead poisoning. The department shall provide qualified researchers with data from the reported information upon the researcher's compliance with appropriate conditions as provided by rule and upon payment of a fee to cover the cost of processing the data.

701.340. 1. Beginning January 1, 2002, the department of health shall, subject to appropriations, implement a childhood lead testing program which requires every child less than six years of age to be tested for lead poisoning in accordance with the provisions of sections 701.340 to 701.349. In coordination with the department of health, every health care facility serving children less than six years of age, including but not limited to hospitals and clinics licensed pursuant to chapter 197, RSMo, shall take appropriate steps to ensure that their patients receive such lead poisoning testing.

2. The test for lead poisoning shall consist of a blood sample that shall be sent for analysis to a laboratory licensed pursuant to the federal Clinical Lab Improvement Act (CLIA). The department of health shall, by rule, determine the blood test protocol to be used.

3. Nothing in sections 701.340 to 701.349 shall be construed to require a child to undergo lead testing whose parent or guardian objects to the testing in a written statement that states the parent's or guardian's reason for refusing such testing.

701.342. 1. The department of health shall, using factors established by the department, including but not limited to the geographic index from data from testing reports, identify geographic areas in the state that are at high risk for lead poisoning. All children six months of age through six years of age who reside or spend more than ten hours a week in an area identified as high risk by the department shall be tested annually for lead poisoning.

2. Every child six months through six years of age not residing or spending more than ten hours a week in geographic areas identified as high risk by the department shall be assessed annually using a questionnaire to determine whether such child is at high risk for lead poisoning. The department, in collaboration with the department of social services, shall develop the questionnaire, which shall follow the recommendations of the federal Centers for Disease Control and Prevention. The department may modify the questionnaire to broaden the scope of the high-risk category. Local boards or commissions of health may add questions to the questionnaire.

3. Every child deemed to be at high risk for lead poisoning according to the questionnaire developed pursuant to subsection 2 of this section shall be tested using a blood sample.

4. Any child deemed to be at high risk for lead poisoning pursuant to this section who resides in housing currently undergoing renovations may be tested at least once every six months during the renovation and once after the completion of the renovation.

5. Any laboratory providing test results for lead poisoning pursuant to sections 701.340 to 701.349 shall notify the department of the test results of any child tested for lead poisoning as required in section 701.326. Any child who tests positive for lead poisoning shall receive follow-up testing in accordance with rules established by the department. The department shall, by rule, establish the methods and intervals of follow-up testing and treatment for such children.

6. When the department is notified of a case of lead poisoning, the department shall require the testing of all other children less than six years of age, and any other children or persons at risk, as determined by the director, who are residing or have recently resided in the household of the lead poisoned child.

701.343. The department of health shall have the following duties regarding the childhood lead testing program:

(1) By January 1, 2002, the department shall develop an educational mailing to be sent to every physician licensed by and practicing in this state informing such physician of the childhood lead testing program and the responsibilities of physicians pursuant to such program;

(2) The department of health shall, by January 1, 2002, develop guidelines, educational materials and a questionnaire to be used by physicians to determine whether pregnant women are at high risk and should be tested for lead poisoning;

(3) The department shall apply for, take all steps necessary to qualify for and accept any federal funds made available or allotted pursuant to any federal act or program for state lead poisoning prevention programs;

(4) The director of the department of health or the director's designee may, subject to appropriations, contract with a public agency or a university, or collaborate with any agencies, individuals or groups to provide necessary services, develop educational programs, scientific research and organization, and interpret data from lead testing reports;

(5) The department shall promulgate such rules as may be necessary; and

(6) Beginning January 1, 2003, and every January first thereafter, the department of health shall submit a report evaluating the childhood lead testing program as set forth in sections 701.340 to 701.349 to the governor and the following committees of the Missouri legislature: senate appropriations committee, senate public health and welfare committee, house appropriations - health and mental health committee and house public health committee.

701.344. 1. In geographic areas determined to be of high risk for lead poisoning as set forth in section 701.342, every child care facility, as defined in section 210.201, RSMo, and every child care facility affiliated with a school system, a business organization or a nonprofit organization shall, within thirty days of enrolling a child, require the child's parent or guardian to provide evidence of lead poisoning testing in the form of a statement from the health care professional that administered the test or provide a written statement that states the parent's or guardian's reason for refusing such testing. If there is no evidence of testing, the person in charge of the facility shall provide the parent or guardian with information about lead poisoning and locations in the area where the child can be tested. When a parent or guardian cannot obtain such testing, the person in charge of the facility may arrange for the child to be tested by a local health officer with the consent of the child's parent or guardian. At the beginning of each year of enrollment in such facility, the parent or guardian shall provide proof of testing in accordance with the provisions of sections 701.340 to 701.349 and any rules promulgated thereunder.

2. No child shall be denied access to education or child care because of failure to comply with the provisions of sections 701.340 to 701.349.

701.345. 1. There is hereby created in the state treasury the "Childhood Lead Testing Fund". The state treasurer shall deposit to the credit of the fund all moneys which may be appropriated to it by the general assembly and also any gifts, contributions, grants, bequests or other aid received from federal, private or other sources related to lead testing, education and screening. The general assembly may appropriate moneys to the fund for the support of the childhood lead testing program established in sections 701.340 to 701.349. The moneys in the fund shall be used to fund the administration of childhood lead programs, the administration of blood tests to uninsured children, educational materials and analysis of lead blood test reports and case management.

2. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the fund shall not revert to the credit of the general revenue fund at the end of the biennium.

701.346. The department of health shall promulgate rules to implement the provisions of sections 701.340 to 701.349. No rule or portion of a rule promulgated under the authority of sections 701.340 to 701.349 shall become effective unless it has been promulgated pursuant to chapter 536, RSMo.

701.348. Nothing in sections 701.340 to 701.349 shall prohibit a political subdivision of this state or a local board of health from enacting and enforcing ordinances, rules or laws for the prevention, detection and control of lead poisoning which provide the same or more stringent provisions as sections 701.340 to 701.349, or the rules promulgated thereunder.

701.349. If any provisions of sections 701.340 to 701.349, or the application thereof, to any persons or circumstances is held invalid, such validity shall not affect other provisions or applications of sections 701.340 to 701.349 that can be given effect without the invalid provision or application, and to this end the provisions of sections 701.340 to 701.349 are declared to be severable."; and

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

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

Representative Selby offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 266, Page 23, Section 376.1199, Line 3 of said page, by inserting after all of said line the following:

"632.080. 1. Any clinic, physician's office, mental hospital or facility administering electroconvulsive therapy, psychosurgery, prefrontal sonic sound treatment or any other convulsive or coma-producing therapy administered to treat mental illness or a physician administering the therapy on an outpatient basis shall submit to the department of health quarterly reports relating to the administration of the therapy in the clinic, office, hospital or facility or by the physician.

2. The report shall state for each quarter:

(1) The number of patients who received the therapy, including:

(a) The number of persons voluntarily receiving mental health services who consented to the therapy;

(b) The number of involuntary patients who consented to the therapy; and

(c) The number of involuntary patients for whom a guardian of such patient consented to the therapy;

(2) The age, sex and race of the person receiving the therapy;

(3) The source of the treatment payment;

(4) The average number of nonelectroconvulsive treatments;

(5) The average number of electroconvulsive treatments administered for each complete series of treatments, but not including maintenance treatments;

(6) The average number of maintenance electroconvulsive treatments administered per month;

(7) The number of fractures, reported memory losses, incidents of apnea and cardiac arrests without death;

(8) Autopsy findings if death occurred within fourteen days after the date of the administration of therapy; and

(9) Any other information required by the department.

3. Any person who violates the provisions of this section is guilty of a class A misdemeanor.

632.082. The department of health shall use the information received pursuant to section 632.080 to analyze, audit and monitor the use of electroconvulsive therapy, psychosurgery, prefrontal sonic sound treatment or any other convulsive or coma-producing therapy administered to treat mental illness.

632.084. 1. The change in law made by sections 632.080 to 632.084 applies only to an offense committed on or after August 28, 2001. For purposes of this section, an offense is committed before August 28, 2001, if any element of the offense occurs before such date.

2. An offense committed before August 28, 2001, is covered by the law in effect when the offense was committed and the former law is continued in effect for that purpose."; and

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

Representative Monaco 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.

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

Representative Crowell offered House Amendment No. 5.

Representative Gambaro 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 Berkowitz offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 266, by inserting at the appropriate location the following:

"191.975. 1. This section shall be known and may be cited as the "Adoption Awareness Law".

2. To raise public awareness and to educate the public, the department of social services, with the assistance of the department of health, shall be responsible for:

(1) Collecting and distributing resource materials to educate the public about foster care and adoption;

(2) Developing and distributing educational materials, including but not limited to videos, brochures and other media as part of a comprehensive public relations campaign about the positive option of adoption and foster care. The materials shall include, but not be limited to, information about:

(a) The benefits of adoption and foster care;

(b) Adoption and foster care procedures;

(c) Means of financing the cost of adoption and foster care, including but not limited to adoption subsidies, foster care payments and special needs adoption tax credits;

(d) Options for birth parents in choosing adoptive parents;

(e) Protection for and rights of birth parents and adoptive parents prior to and following the adoption;

(f) Location of adoption and foster care agencies;

(g) Information regarding various state health and social service programs for pregnant women and children, including but to limited to medical assistance programs and temporary assistance for needy families (TANF); and

(h) Referrals to appropriate counseling services, including but not be limited to counseling services for parents who are considering retaining custody of their children, placing their children for adoption, or becoming foster or adoptive parents; but excluding any referrals for abortion or to abortion facilities;

(3) Making such educational materials available through state and local public health clinics, public hospitals, family planning clinics, abortion facilities as defined in section 188.015, RSMo, maternity homes as defined in section 135.600, RSMo, child-placing agencies licensed pursuant to sections 210.481 to 210.536, RSMo, attorneys whose practice involves private adoptions, in vitro fertilization clinics and private physicians for distribution to their patients who request such educational materials. Such materials shall also be available to the public through the department of social services' Internet web site; and

(4) Establishing a toll-free telephone number for information on adoption and foster care.

3. The provisions of this section shall be subject to appropriations.

4. The department of social services shall promulgate rules for the implementation of this section in accordance with chapter 536, RSMo."; and

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

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

The Chair ruled the point of order not well taken.

On motion of Representative Berkowitz, House Amendment No. 5 was adopted by the following vote:

Representative Kennedy offered House Amendment No. 6.

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

The Chair ruled the point of order well taken.

Representative Portwood offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 266, by inserting at the appropriate location the following:

"Section 4. If a health carrier as defined in section 376.1350 RSMo, or any subsidiary of such entity contracts with any licensed health care professional for any fee below the usual, customary and reasonable rate of reimbursement, such health insurance carrier as defined in section 376.1350 RSMo, or any subsidiary of such entity shall be prohibited from charging such health care professionals additional administrative or claim processing fees."; and

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

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

Representative Foley offered House Amendment No. 7.

House Amendment No. 7

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 266, by adding one new section in the appropriate location:

"196.367. Effective July 1, 2005, any manufacturer or distributor shall be exempted from the provisons of sections 196.365 to 196.445 if the manufacturer satisfies all applicable Food and Drug Administration regulations."; and

Further amend the title and enacting clause accordingly.

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

Representative Hohulin offered House Amendment No. 8.

House Amendment No. 8

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 266, Pages 1-5, Section 191.714, by deleting said section and amending the title and enacting clause accordingly.

Representative Monaco raised a point of order that House Amendment No. 8 amends previously amended material.

The Chair ruled the point of order not well taken.

Representative Hohulin moved that House Amendment No. 8 be adopted.

Which motion was defeated.

Representative Riback Wilson (25) offered House Amendment No. 9.

House Amendment No. 9

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 266, Page 13, Section 192.729, Line 24, by inserting after said line all of the following:

"198.531. 1. The division of aging, in collaboration with qualified Missouri schools and universities, shall establish an aging-in-place pilot program at a maximum of four selected sites throughout the state which will provide a continuum of care for elders who need long-term care. [One aging- in-place pilot program shall be at a thirty-five bed facility in a county of the first classification without a charter form of government with a population of at least ninety thousand but not more than one hundred thousand and a county of the first classification with a population of at least forty-two thousand but less than forty-five thousand and a county of the third classification without a township form of government with a population of at least sixteen thousand nine hundred but less than seventeen thousand.] For purposes of this section, "qualified Missouri schools and universities" means any Missouri school or university which has a school of nursing, a graduate nursing program, or any other similar program or specialized expertise in the areas of aging, long-term care or health services for the elderly.

2. The pilot program shall:

(1) Deliver a full range of physical and mental health services to residents in the least restrictive environment of choice to reduce the necessity of relocating such residents to other locations as their health care needs change;

(2) Base licensure on services provided rather than on facility type; and

(3) Be established in selected urban, rural and regional sites throughout the state.

3. The directors of the division of aging and division of medical services shall apply for all federal waivers necessary to provide Medicaid reimbursement for health care services received through the aging-in-place pilot program.

4. The division of aging shall monitor the pilot program and report to the general assembly on the effectiveness of such program, including quality of care, resident satisfaction and cost-effectiveness to include the cost equivalent of unpaid or volunteer labor.

5. Developments authorized by this section shall be exempt from the provisions of sections 197.300 to 197.367, RSMo, and shall be licensed by the division of aging."; and

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

On motion of Representative Riback Wilson (25), House Amendment No. 9 was adopted.

Representative Cooper offered House Amendment No. 10.

House Amendment No. 10

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 266, Page 1, Section A, Line 13, by inserting after said line all of the following:

"191.660. 1. If a corrections officer, emergency services employee, health care provider or employee of a health care provider, law enforcement employee or juvenile correctional facility employee comes in contact with or otherwise is exposed to transmission of body fluids from one or more other persons while performing duties within the scope of such employee's duties as an employee, the employee or head of the employing agency or entity may petition a court of competent jurisdiction for an emergency order requiring such other person or persons to submit to infectious disease testing within twenty-four hours of the exposure.

2. The petition in subsection 1 of this section shall include an allegation that the person or persons sought to be tested have been requested to submit voluntarily to infectious disease tests and have refused such tests. When any such application is received, the court shall hold a hearing and shall issue its order thereon immediately to ensure that such testing can occur within twenty-four hours of the exposure if the court finds that:

(1) There is probable cause to believe that the employee involved has come in contact with or otherwise has been exposed to transmission of the body fluids of the person or persons sought to be tested; and

(2) The person or persons sought to be tested have been requested to submit to the tests and have refused, unless the court makes a further finding that exigent circumstances exist which, in the court's judgment, would excuse the applicant from making such a request.

3. If an infectious disease test ordered pursuant to this section results in a negative reaction, the court shall order the person tested to submit to another infectious disease test six months from the date the first test was administered.

4. The results of any infectious disease test ordered pursuant to this section shall be disclosed to the court which ordered the test, the employee and the person tested. If an infectious disease test ordered pursuant to this section results in a positive reaction, the results shall be reported to the employee."; and

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

Representative Hollingsworth assumed the Chair.

Representative Kennedy 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 Committee Substitute for Senate Bill No. 266, by inserting in the appropriate location the following:

"191.660. 1. If a corrections officer, emergency services employee, health care provider or employee of a health care provider, law enforcement employee or juvenile correctional facility employee comes in contact with or otherwise is exposed to transmission of body fluids from one or more other persons while performing duties within the scope of such employee's duties as an employee, the employee or head of the employing agency or entity may petition a court of competent jurisdiction for an emergency order requiring such other person or persons to submit to infectious disease testing within twenty-four hours of the exposure.

2. The petition in subsection 1 of this section shall include an allegation that the person or persons sought to be tested have been requested to submit voluntarily to infectious disease tests and have refused such tests. When any such application is received, the court shall hold a hearing and shall issue its order thereon immediately to ensure that such testing can occur within twenty-four hours of the exposure if the court finds that:

(1) There is probable cause to believe that the employee involved has come in contact with or otherwise has been exposed to transmission of the body fluids of the person or persons sought to be tested; and

(2) The person or persons sought to be tested have been requested to submit to the tests and have refused, unless the court makes a further finding that exigent circumstances exist which, in the court's judgment, would excuse the applicant from making such a request.

3. If an infectious disease test ordered pursuant to this section results in a negative reaction, the court shall order the person tested to submit to another infectious disease test six months from the date the first test was administered.

4. The results of any infectious disease test ordered pursuant to this section shall be disclosed to the employee and the person tested. If an infectious disease test ordered pursuant to this section results in a positive reaction, the results shall be reported to the employee.

5. Any court costs or testing costs incurred pursuant to this section shall be borne by the petitioner."; and

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

Representative Kennedy moved that House Substitute Amendment No. 1 for House Amendment No. 10 be adopted.

Which motion was defeated by the following vote:

On motion of Representative Cooper, House Amendment No. 10 was adopted by the following vote:

Representative Graham offered House Amendment No. 11.

House Amendment No. 11

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 266, Page 13, Section 192.729, Line 24, by inserting after said line the following:

"194.210. As used in sections 194.210 to [194.290] 194.307, the following words and terms mean:

(1) "Anatomical donation" or "anatomical donor", a human body part donation or a human body part donor;

(2) "Bank or storage facility", a facility licensed, accredited, or approved [under] pursuant to the laws of any state for storage of human bodies or parts thereof;

[(2)] (3) "Decedent", a deceased individual and includes a stillborn infant or fetus;

(4) "Donee":

(a) Any hospital, surgeon, or physician, for medical or dental education, research, advancement of medical or dental science, therapy, or transplantation; or

(b) Any accredited medical or dental school, college or university or the state anatomical board for education, research, advancement of medical or dental science, or therapy; or

(c) Any bank, storage facility or OPO, for medical or dental education, research, advancement of medical or dental science, therapy, or transplantation; or

(d) Any specified individual for therapy or transplantation needed by such individual;

[(3)] (5) "Donor", an individual who makes a gift of all or part of his or her body;

(6) "Fund", the organ donor program fund established in section 194.297;

[(4)] (7) "Hospital", a hospital licensed, accredited, or approved [under] pursuant to the laws of any state and includes a hospital operated by the United States government, a state, or a subdivision thereof, although not required to be licensed [under] pursuant to state laws;

(8) "OPO", the federally certified organ procurement organizations for the state of Missouri;

[(5)] (9) "Part", organs, tissues, eyes, bones, arteries, blood, other fluids and any other portions of a human body;

[(6)] (10) "Person", an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity;

[(7)] (11) "Physician" or "surgeon", a physician or surgeon licensed or authorized to practice [under] pursuant to the laws of any state;

[(8)] (12) "State" includes any state, district, commonwealth, territory, insular possession, and any other area subject to the legislative authority of the United States of America.

194.220. 1. Any individual of sound mind who is at least eighteen years of age may give all or any part of his or her body for any purpose specified in section 194.230, the gift to take effect upon death. Any individual who is a minor and at least sixteen years of age may effectuate a gift for any purpose specified in section 194.230, provided parental or guardian consent is deemed given. Parental or guardian consent shall be noted on the minor's donor card, application for the donor's instruction permit or driver's license, or other document of gift. An express gift that is not revoked by the donor before death is irrevocable, and the donee shall be authorized to accept the gift without obtaining the consent of any other person.

2. Any of the following persons, in order of priority stated, when persons in prior classes are not available at the time of death, and in the absence of actual knowledge of a gift by the decedent [under] pursuant to subsection 1 of this section or actual notice of contrary indications by the decedent [or of opposition by a member of the same or a prior class], may give all or any part of the decedent's body for any purpose specified in section 194.230:

(1) An attorney in fact under a durable power of attorney that expressly refers to making a gift of all or part of the principal's body [under] pursuant to the uniform anatomical gift act;

(2) The spouse;

(3) An adult son or daughter;

(4) Either parent;

(5) An adult brother or sister;

(6) A guardian of the person of the decedent at the time of his or her death;

(7) Any other person authorized or under obligation to dispose of the body.

3. If the donee has actual notice of contrary indications by the decedent [or that a gift by a member of a class is opposed by a member of the same or a prior class], the donee shall not accept the gift. The persons authorized by subsection 2 of this section may make the gift after or immediately before death.

4. A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended.

5. The rights of the donee created by the gift are paramount to the rights of others except as provided by subsection 4 of section 194.270.

194.230. The following persons may become donees of gifts of bodies or parts thereof for the purposes stated:

(1) Any hospital, surgeon, or physician, for medical or dental education, research, advancement of medical or dental science, therapy, or transplantation; or

(2) Any accredited medical or dental school, college or university or the state anatomical board for education, research, advancement of medical or dental science, or therapy; or

(3) Any bank [or], storage facility or OPO, for medical or dental education, research, advancement of medical or dental science, therapy, or transplantation; or

(4) Any specified individual for therapy or transplantation needed by [him] such individual.

194.233. 1. [The chief executive officer of each hospital in this state shall designate one or more trained persons to request anatomical gifts which persons shall not be connected with determination of death. The hospital official may designate a representative of an organ or tissue procurement organization to request consent.

2. When there is a patient who is a suitable candidate for organ or tissue donation based on hospital accepted criteria the designee shall request consent to a donation from the persons authorized to give consent as specified in subdivision (1), (2), (3), (4), (5) or (6) of subsection 2 of section 194.220. The request shall be made in the order of priority stated in subsection 2 of section 194.220. When the hospital cannot, from available information, ascertain that the patient has next-of-kin authorized to give consent as specified in subdivision (2), (3), (4), (5) or (6) of subsection 2 of section 194.220, then the hospital shall notify and request consent to a donation from a member of the class described in subdivision (7) of subsection 2 of section 194.220. Such notification to a member of the class described in subdivision (7) of subsection 2 of section 194.220 shall occur before death where practicable.

3. No request shall be required if the hospital designee has actual notice of a gift by the decedent under subsection 1 of section 194.220 or actual notice of contrary indications by the decedent.

4. Consent shall be obtained by the methods specified in section 194.240.

5. Where a donation is requested, the designee shall verify such request in the patient's medical record. Such verification of request for organ donation shall include a statement to the effect that a request for consent to an anatomical gift has been made, and shall further indicate thereupon whether or not consent was granted, the name of the person granting or refusing the consent, and his or her relationship to the decedent.

6. Upon the approval of the designated next of kin or other individual, as set forth in subsection 2 of section 194.220, the hospital shall then notify an organ or tissue procurement organization and cooperate in the procurement of the anatomical gift or gifts pursuant to applicable provisions of sections 194.210 to 194.290.

7. No hospital shall have an obligation to retrieve the organ or tissue donated pursuant to this section.] At or near the time of death of any patient in a hospital, the attending physician or hospital designee shall make contact with the OPO to determine the suitability for organ, tissue and eye donation for any purpose specified pursuant to sections 194.210 to 194.307. Such contact and the disposition shall be noted in the patient's medical record.

2. The person designated by the hospital to contact the OPO shall have the following information available:

(1) The patient's name and identifier number;

(2) The patient's age;

(3) Anticipated cause of death;

(4) Past medical history; and

(5) Other pertinent medical information.

3. The OPO, in consultation with the patient's attending physician, or such physician's designee or the hospital's designee, shall determine suitability for donation. Such determination shall be made prior to the initiation of any request of the persons identified pursuant to section 194.220 for anatomical donation.

4. If the OPO determines that donation is not appropriate based on established medical criteria, such determination shall be noted by hospital personnel in the patient's record and no further action shall be necessary.

5. If the OPO determines that the patient is a suitable candidate for anatomical donation, a request shall be initiated by informing the appropriate persons of the option to donate organs, tissue or eyes. The request for anatomical donation shall be made by a representative of the OPO in consultation with the attending physician or the hospital designee. In those cases where the attending physician desires to approach the family to discuss organ or tissue donation, he or she may do so when accompanied by a representative of the OPO. The person making the request shall ask persons pursuant to section 194.220, whether the deceased had a validly executed donor card, will, other document or gift, driver's license or identification card evidencing an anatomical gift. If there is no such evidence of an anatomical gift, the person designated pursuant to section 194.220 shall be informed in accordance with sections 194.210 to 194.307 of the option to donate organs, tissue or eyes.

6. Within one year of the effective date of this section, each hospital in the state shall develop and implement a protocol for referring potential anatomical donors as provided in this section. The protocol shall require that, at or near the time of death of any patient, the hospital shall contact by telephone the OPO to determine suitability for anatomical donation of the potential donor. The protocol shall encourage discretion and sensitivity to family circumstances and beliefs in all discussions regarding donations of organs, tissue or eyes.

7. If the hospital staff advises the OPO that the hospital staff has received actual notice that the decedent did not wish to be an anatomical donor, the gift of all or any part of the decedent's body shall not be requested.

8. Death medical record reviews shall be performed in each hospital for the sole purpose of determining anatomical donor potential at the hospital. The hospital may perform the medical record review or may designate the OPO to conduct the review. If the hospital chooses to conduct its own review, it shall do so in accordance with clinical specifications and guidelines established by the OPO. If the hospital conducts the review, the OPO shall provide the necessary training to hospital personnel conducting the review. The hospital shall report the results of the review to the OPO no later than forty-five days following the completion of the review. If the hospital designates the OPO to conduct the review, the OPO shall provide the hospital with written assurance that the OPO shall maintain the confidentiality of patient identifying information.

194.240. 1. A gift of all or part of the body [under] pursuant to subsection 1 of section 194.220 may be made by will. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated, or if it is declared invalid for testamentary purposes, the gift, to the extent that it has been acted upon in good faith, is nevertheless valid and effective.

2. A gift of all or part of the body [under] pursuant to subsection 1 of section 194.220 may also be made by document other than a will. The gift becomes effective upon the death of the donor. The document, which may be a card designed to be carried on the person, must be signed by the donor in the presence of two witnesses who must sign the document in [his] the donor's presence or before a notary or other official authorized to administer oaths generally. If the donor cannot sign, the document may be signed for [him] the donor at [his] the donor's direction and in [his] the donor's presence in the presence of two witnesses who must sign the document in [his] the donor's presence. Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid.

3. The gift may be made to a specified donee or without specifying a donee. If the latter, the gift may be accepted by a physician as donee upon or following death. If the gift is made to a specified donee who is not available at the time and place of death or if the gift cannot be implemented, a physician upon or following death, in the absence of any expressed indication that the donor desired otherwise, may accept the gift as donee. The physician who becomes a donee [under] pursuant to this subsection shall not participate in the procedures for removing or transplanting a part.

4. Notwithstanding the provisions of subsection 2 of section 194.270, the donor may designate in his or her will, card, or other document of gift the surgeon or physician to carry out the appropriate procedures. In the absence of a designation or if the designee is not available, the donee or other person authorized to accept the gift may employ or authorize any surgeon or physician to carry out the appropriate procedures. For the purpose of removing an eye or part thereof, any medical technician employed by a hospital, physician or eye bank and acting under supervision may perform the appropriate procedures. Any medical technician authorized to perform such procedure shall successfully complete the course prescribed in section 194.295 for embalmers.

5. Any gift by a person designated in subsection 2 of section 194.220 shall be made by a document signed by him or her or made by his or her telegraphic, recorded telephonic, or other recorded message.

6. A gift of part of the body [under] pursuant to subsection 1 of section 194.220 may also be made by a statement on a form which shall be provided on the reverse side of all Missouri motor vehicle licenses issued pursuant to chapter 302, RSMo. The statement to be effective shall be signed by the owner of the license in the presence of two witnesses, who shall sign the statement in the presence of the donor. Use of the form is prima facie evidence that the owner of the license intended to make the anatomical gift, and there shall be no civil or criminal liability for removal of any part of the body indicated on the form by a licensed physician or surgeon, or donee. The gift becomes effective upon the death of the donor. Delivery of the license during the donor's lifetime is not necessary to make the gift valid. The gift shall [become invalidated upon expiration, cancellation, revocation, or suspension of the license, and the gift must] be renewed upon renewal of each license. Pertinent medical information which may affect the quality of the gift may be included in the statement of gift.

7. Any person eighteen years of age or older, or any person under the age of eighteen with parental consent who indicates the desire to make an organ donation through any method prescribed in this section may also contact the department of health when completing such form, so that the information may be included in the registry maintained by the department pursuant to subsection 1 of section 194.304. Failure to contact the department of health shall not be construed to challenge the validity of the organ donation.

8. Organ procurement organizations and tissue banks may employ procurement coordinators and enucleators who may not be physicians or surgeons to assist in the [procurement] recovery of cadaveric organs and tissue for transplant or research. A or enucleator coordinator who assists in the procurement of cadaveric organs or tissue for transplantation or research must do so under the direction and supervision of a physician or surgeon. With the exception of organ procurement surgery, this supervision may be indirect supervision. For purposes of this subsection, the term "indirect supervision" means that a physician or surgeon is responsible for the medical actions of the coordinator, that the coordinator is acting under protocols expressly approved by a physician or surgeon, and that a physician or surgeon is available, in person or by telephone, to provide medical direction, consultation and advice in cases of organ and tissue donation and procurement.

9. The department of health shall collect information and publish an annual report which shall include the number of organ and tissue donations made in the state, the number of organ or tissue donations received by citizens of the state of Missouri, the number of organ or tissue donations transported outside the state boundaries and the cost of such organ or tissue donations.

194.243. 1. Beginning no later than January 1, 2001, the division of motor vehicle and driver licensing shall modify the driver's license and identification card application process and renewal system to:

(1) Obtain information from individuals over the age of eighteen regarding such individual's consent to anatomical donation; and

(2) Allow persons under the age of eighteen to register as donors with parental consent. The division shall include an inquiry on the application and renewal form to read as follows:

"Do you wish to have the organ donor designation printed on your driver's license?"

If an individual indicates his or her consent to anatomical donation, such consent shall be noted on the front of the individual's driver's license or identification card with the word "Organ Donor" and recorded in the individual's computer record with the division of motor vehicle and driver licensing. 2. The OPO shall be given access to the donor information in subsection 1 of this section twenty-four hours a day through the division's database. Notwithstanding any other law to the contrary, the division is authorized to provide the OPO with the foregoing donor information. The OPO shall not be assessed a fee or other charges for such access.

3. The donor designation on the driver's license or identification card shall be deemed sufficient to satisfy all requirements for consent to organ and tissue donation.

4. Any person may request that his or her consent to anatomical donation by validly executed donor card, will, other document or gift be included in such person's computer record with the division of motor vehicle and driver licensing. The division may promulgate rules and regulations to implement the provisions of this subsection. 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.

194.245. Notwithstanding any other law to the contrary, if a validly executed donor card, advance health care directive, will, other document or gift, driver's license or identification card evidencing an anatomical gift exists, consent at the time of death shall not be necessary to render the gift valid.

194.249. The department of revenue shall provide a space on the face of the state individual income tax return for the 2000 tax year and each year thereafter whereby an individual may voluntarily designate a contribution of any amount desired to the organ donor program fund established in section 194.297. The amount designated by an individual on the state income tax return form shall be deducted from the tax refund to which the individual is entitled or added to the individual's payment and shall not constitute a charge against the income tax revenues due the state.

194.266. 1. The following persons may make a reasonable search for a document of gift or other information identifying the bearer as an organ donor or as an individual who has refused to make an anatomical gift:

(1) A law enforcement officer, firefighter, paramedic or other official emergency rescuer finding an individual who the searcher believes is near death; and

(2) A hospital, upon the admission of an individual at or near the time of death, if there is not immediately available any other source of such information.

2. Any law enforcement officer or other person listed in subsection 1 of this section may conduct an administrative search of the individual's driver's license record with the division of motor vehicle and driver's licensing to determine if the individual's authorization for organ donation or refusal of organ donation.

3. A physical search pursuant to subsection 1 of this section may be conducted at or near the time of death or hospital admission, and shall be limited to those personal effects of the individual where a driver's license may be reasonably stored. Any information, document, tangible objects or other items discovered during the search shall be used solely for the purpose of ascertaining the individual's identity, notifying the individual's next of kin, and determining whether the individual intends to make an anatomical gift. In no event shall any such discovered material be admissible in any subsequent criminal or civil proceeding, unless obtained pursuant to a lawful search on other grounds.

194.293. A hospital or physician who acts in good faith in accord with the terms of sections 194.210 to 194.307 shall not be liable for damages in any civil action or subject to prosecution in any criminal proceeding for such act.

194.297. There is established in the state treasury the "Organ Donor Program Fund", which shall consist of all moneys deposited by the director of revenue pursuant to section 194.249 and subsection 2 of section 302.171, RSMo, and any other moneys donated or appropriated to the fund. The state treasurer shall administer the fund, and the moneys in the fund shall be used solely, upon appropriation, by the department of health, in consultation with the organ donation advisory committee, for implementation of organ donation awareness programs in the manner prescribed in [subsection 2 of section 194.300] section 194.302. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the organ donor program fund at the end of any biennium shall not be transferred to the credit of the general revenue fund. There shall be no money appropriated from general revenue to administer the fund in the event the fund cannot sustain itself.

194.300. 1. There is established within the department of health the "Organ Donation Advisory Committee", which shall consist of the following members appointed by the governor with the advice and consent of the senate:

(1) [Four representatives of organ and tissue procurement organizations;

(2)] Two current representatives from each federally certified OPO;

(2) One current representative from an eye bank;

(3) Four members representative of organ recipients, families of organ recipients, organ donors and families of organ donors;

[(3)] (4) One health care representative from [a hospital located in Missouri; and] the Missouri Hospital Association;

[(4)] (5) One representative of the department of health; and

(6) One representative of the department of revenue.

2. Members of the advisory committee shall receive no compensation for their services, but may be reimbursed for the reasonable and necessary expenses incurred in the performance of their duties out of appropriations made for that purpose. Members shall serve for five year terms and shall serve at the pleasure of the governor."; and

Further amend said bill, Page 17, Section 199.200, Line 16, by inserting after said line the following:

"302.171. 1. Application for a license shall be made upon an approved form furnished by the director. Every application shall state the full name, Social Security number, age, height, weight, color of eyes, sex, residence, mailing address of the applicant, and the classification for which the applicant has been licensed, and, if so, when and by what state, and whether or not such license has ever been suspended, revoked, or disqualified, and, if revoked, suspended or disqualified, the date and reason for such suspension, revocation or disqualification and whether the applicant is making a [one-dollar] two-dollar donation to promote an organ donation program as prescribed in subsection 2 of this section. The application shall also contain such information as the director may require to enable the director to determine the applicant's qualification for driving a motor vehicle; and shall state whether or not the applicant has been convicted in this or any other state for violating the laws of this or any other state or any ordinance of any municipality, relating to driving without a license, careless driving, or driving while intoxicated, or failing to stop after an accident and disclosing the applicant's identity, or driving a motor vehicle without the owner's consent. The application shall contain a certification by the applicant as to the truth of the facts stated therein. Every person who applies for a license to operate a motor vehicle who is less than twenty-one years of age shall be provided with educational materials relating to the hazards of driving while intoxicated, including information on penalties imposed by law for violation of the intoxication-related offenses of the state. Beginning January 1, 2001, if the applicant is less than eighteen years of age, the applicant must comply with all requirements for the issuance of an intermediate driver's license pursuant to section 302.178.

2. An applicant for a license may make a donation of [one dollar] two dollars to promote an organ donor program. The director of revenue shall collect the donations and deposit all such donations in the state treasury to the credit of the organ donor program fund established in sections 194.297 to 194.304, RSMo. Moneys in the organ donor program fund shall be used solely for the purposes established in sections 194.297 to 194.304, RSMo, except that the department of revenue shall retain no more than one percent for its administrative costs. The donation prescribed in this subsection is voluntary and may be refused by the applicant for the license at the time of issuance or renewal of the license. The director shall make available an informational booklet or other informational sources on the importance of organ donations to applicants for licensure as designed by the organ donation advisory committee established in sections 194.297 to 194.304, RSMo. The director shall inquire of each applicant at the time the licensee presents the completed application to the director whether the applicant is interested in making the one-dollar donation prescribed in this subsection and whether the applicant is interested in making an organ donation and shall also specifically inform the licensee of the ability to make an organ donation by completing the form on the reverse of the license that the applicant will receive in the manner prescribed by subsection 6 of section 194.240, RSMo. The director shall notify the department of health of information obtained from applicants who indicate to the director that they are interested in making organ donations, and the department of health shall enter the complete name, address, date of birth, race, gender and a unique personal identifier in the registry established in subsection 1 of section 194.304, RSMo.

3. An applicant for a license may make a donation of one dollar to promote a blindness education, screening and treatment program. The director of revenue shall collect the donations and deposit all such donations in the state treasury to the credit of the blindness education, screening and treatment program fund established in section 192.935, RSMo. Moneys in the blindness education, screening and treatment program fund shall be used solely for the purposes established in section 192.935, RSMo, except that the department of revenue shall retain no more than one percent for its administrative costs. The donation prescribed in this subsection is voluntary and may be refused by the applicant for the license at the time of issuance or renewal of the license. The director shall inquire of each applicant at the time the licensee presents the completed application to the director whether the applicant is interested in making the one- dollar donation prescribed in this subsection.

302.181. 1. The license issued pursuant to the provisions of sections 302.010 to 302.340 shall be in such form as the director shall prescribe, but the license shall be a card made of plastic or other comparable material. All licenses shall be manufactured of materials and processes that will prohibit, as nearly as possible, the ability to reproduce, alter, counterfeit, forge or duplicate any license without ready detection. All licenses shall bear the licensee's Social Security number, if the licensee has one, and if not, a notarized affidavit must be signed by the licensee stating that the licensee does not possess a Social Security number, or, if applicable, a certified statement must be submitted as provided in subsection 4 of this section. The license shall also bear the expiration date of the license, the classification of the license, the name, date of birth, residence address including the county of residence or a code number corresponding to such county established by the department, and brief description and colored photograph of the licensee, and a facsimile of the signature of the licensee. The director shall provide by administrative rule the procedure and format for a licensee to indicate on the back of the license together with the designation for an anatomical gift as provided in section 194.240, RSMo, the name and address of the person designated pursuant to sections 404.800 to 404.865, RSMo, as the licensee's attorney in fact for the purposes of a durable power of attorney for health care decisions. No license shall be valid until it has been so signed by the licensee. If any portion of the license is prepared by a private firm, any contract with such firm shall be made in accordance with the competitive purchasing procedures as established by the state director of the division of purchasing. For all licenses issued or renewed after March 1, 1992, the applicant's Social Security number shall serve as the applicant's license number. Where the licensee has no Social Security number, or where the licensee is issued a license without a Social Security number in accordance with subsection 4 of this section, the director shall issue a license number for the licensee and such number shall also include an indicator showing that the number is not a Social Security number.

2. All film involved in the production of photographs for licenses shall become the property of the department of revenue.

3. The license issued shall be carried at all times by the holder thereof while driving a motor vehicle, and shall be displayed upon demand of any officer of the highway patrol, or any police officer or peace officer, or any other duly authorized person, for inspection when demand is made therefor. Failure of any operator of a motor vehicle to exhibit his or her license to any duly authorized officer shall be presumptive evidence that such person is not a duly licensed operator.

4. The director of revenue shall issue a commercial or noncommercial driver's license without a Social Security number to an applicant therefor, who is otherwise qualified to be licensed, upon presentation to the director of a certified statement that the applicant objects to the display of the Social Security number on the license. The director shall assign an identification number, that is not based on a Social Security number, to the applicant which shall be displayed on the license in lieu of the Social Security number.

5. The director of revenue shall issue a license without the photograph to an applicant therefor, who is otherwise qualified to be licensed, upon presentation to the director of a statement on forms prescribed and made available by the department of revenue which states that the applicant is a member of a specified religious denomination which prohibits photographs of members as being contrary to its religious tenets. The license shall state thereon that no photograph is required because of the religious affiliation of the licensee. The director of revenue shall establish guidelines and furnish to each circuit court such forms as the director deems necessary to comply with this subsection. The circuit court shall not charge or receive any fee or court cost for the performance of any duty or act pursuant to this subsection.

6. The department of revenue may issue a temporary license without the photograph to out-of-state applicants and members of the armed forces, except that where such temporary license is issued it shall be valid only until the applicant shall have had time to appear and have his or her picture taken and a license with his or her photograph issued.

7. The department of revenue shall issue upon request a nondriver's license card containing essentially the same information as the driver's license upon payment of six dollars if the applicant is under the age of sixty-five. An applicant who is sixty-five years of age or older may purchase a nondriver's license card without a photograph for one dollar or a nondriver's license card with a photograph for six dollars. All nondriver's licenses shall expire on the applicant's birthday in the sixth year after issuance. A person who has passed his or her seventieth birthday shall upon application be issued a nonexpiring nondriver's license card. The nondriver's license card shall be used for identification purposes only and shall not be valid as a license. The director shall provide by administrative rule the procedure and format for an applicant to indicate a designation for an anatomical gift as provided in section 194.240, RSMo, on the back of the nondriver's license card.

8. No rule or portion of a rule promulgated pursuant to the authority of this chapter shall become effective unless it is promulgated pursuant to the provisions of chapter 536, RSMo."; and

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

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

Speaker Kreider resumed the Chair.

Representative Crump moved the previous question on the motion to adopt HS HCS SCS SB 266, as amended.

Which motion was adopted by the following vote:

On motion of Representative Barry, HS HCS SCS SB 266, as amended, was adopted.

On motion of Representative Barry, HS HCS SCS SB 266, as amended, was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

Representative Smith assumed the Chair.

Speaker Kreider resumed the Chair.

BILL IN CONFERENCE

CCR SS SCS HS HB 421, as amended, relating to intoxication torts, was taken up by Representative Hoppe.

On motion of Representative Hoppe, CCR SS SCS HS HB 421, as amended, was adopted by the following vote:

On motion of Representative Hoppe, CCS SS SCS HS HB 421, was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

BILL IN CONFERENCE - INFORMAL

CCS HS SS SCS SBs 323 & 230, relating to political subdivisions, was taken up by Representative Koller.

On motion of Representative Koller, CCS HS SS SCS SBs 323 & 230 was truly agreed to and finally passed by the following vote:

Speaker Kreider declared the bill passed.

HOUSE BILL WITH SENATE AMENDMENTS

SS HCS HB 738, as amended, relating to small loans, was taken up by Representative Liese.

On motion of Representative Liese, SS HCS HB 738, as amended, was adopted by the following vote:

On motion of Representative Liese, SS HCS HB 738, as amended, was truly agreed to and finally passed by the following vote:

Speaker Kreider declared the bill passed.

THIRD READING OF SENATE BILLS

SCS SB 290, relating to retirement systems, was taken up by Representative Rizzo.

Representative Rizzo offered HS SCS SB 290.

Representative Kelly (27) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for Senate Committee Substitute for Senate Bill No. 290, Section 87.371, Page 92, Line 14 of said page, by inserting immediately thereafter the following:

"87.615 1. Any firefighter who has retired or who retires and was not or is not a member of the retirement system governed by sections 70.600 to 70.755, RSMo, and any beneficiary of any such firefighter shall, upon application to any city with a population of at least seventy thousand located in a county of the first classification without a charter form of government, be made, constitutionally appointed, and employed by the city as a special consultant on the problems of retirement and upon request of the city council, shall give opinions and be available to give opinions in writing or orally in response to requests of the city council. As compensation for the services required by this section, the city may directly compensate the retired firefighter or beneficiary thereof in an amount established by ordinance of the city. Such amount of additional compensation may be paid directly by the city to each qualified retiree or beneficiary and shall not be considered employer contributions to the local government retirement system nor benefits paid therefrom.

2. Notwithstanding any other law to the contrary, beginning August 29, 2001, any beneficiary of a firefighter who had retired or who retires and was not or is not a member of the retirement system governed by sections 70.600 to 70.755, RSMo, shall upon application to any city with a population of at least seventy thousand located in a county of the first classification without a charter form of government, be made, constitutionally appointed, and employed by the city as a special consultant on the problems of retirement and upon request of the city council, shall give opinions and be available to give opinions in writing or orally in response to request of the city council. As compensation for the services required by this section, the city may directly compensate the beneficiary thereof by continuing the death benefit payment upon remarriage of the beneficiary. Such amount of compensation may be paid directly by the city to each qualifying special consultant and shall not be considered employer contributions to the local government employees retirement system nor benefits paid therefrom.".

On motion of Representative Kelly (27), House Amendment No. 1 was adopted.

Representative Ward offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for Senate Committee Substitute for Senate Bill No. 290, Page 1, In the Title, Lines 12 to 13 of said page, by deleting all of said lines and inserting in lieu thereof the following:

"87.371, RSMo 2000, relating to public safety personnel, and to enact in lieu"; and

Further amend said bill, Page 92, Section 87.371, Line 14 of said page, by inserting after all of said line the following:

"571.030. 1. A person commits the crime of unlawful use of weapons if he or she knowingly:

(1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or

(2) Sets a spring gun; or

(3) Discharges or shoots a firearm into a dwelling house, a railroad train, boat, aircraft, or motor vehicle as defined in section 302.010, RSMo, or any building or structure used for the assembling of people; or

(4) Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or

(5) Possesses or discharges a firearm or projectile weapon while intoxicated; or

(6) Discharges a firearm within one hundred yards of any occupied schoolhouse, courthouse, or church building; or

(7) Discharges or shoots a firearm at a mark, at any object, or at random, on, along or across a public highway or discharges or shoots a firearm into any outbuilding; or

(8) Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof, or into any public assemblage of persons met for any lawful purpose; or

(9) Discharges or shoots a firearm at or from a motor vehicle, as defined in section 301.010, RSMo, while within any city, town, or village, and discharges or shoots a firearm at any person, or at any other motor vehicle, or at any building or habitable structure, unless the person was lawfully acting in self-defense; or

(10) Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.

2. Subdivisions (1), (3), (4), (6), (7), (8) , (9) and (10) of subsection 1 of this section shall not apply to or affect any of the following:

(1) All state, county and municipal law enforcement officers possessing the duty and power of arrest for violation of the general criminal laws of the state or for violation of ordinances of counties or municipalities of the state, or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;

(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime;

(3) Members of the armed forces or national guard while performing their official duty;

(4) Those persons vested by article V, section 1 of the Constitution of Missouri with the judicial power of the state and those persons vested by article III of the Constitution of the United States with the judicial power of the United States, the members of the federal judiciary;

(5) Any person whose bona fide duty is to execute process, civil or criminal;

(6) Any federal probation officer;

(7) Any state probation or parole officer, including supervisors and members of the board of probation and parole; [and]

(8) Any corporate security advisor meeting the definition and fulfilling the requirements of the regulations established by the board of police commissioners under section 84.340, RSMo; and

(9) Any person holding a valid permit to carry a concealed weapon pursuant to section 571.090, RSMo.

3. Subdivisions (1), (5), (8) and (10) of subsection 1 of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subdivision (1) of subsection 1 of this section does not apply when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his dwelling unit or upon business premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state. Subdivision (10) of subsection 1 of this section does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school, or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm-related event.

4. Nothing in this section shall make it unlawful for a student to actually participate in school-sanctioned gun safety courses, student military or ROTC courses, or other school-sponsored firearm-related events, provided the student does not carry a firearm or other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.

5. Unlawful use of weapons is a class D felony unless committed pursuant to subdivision (5), (6), (7) or (8) of subsection 1 of this section, in which cases it is a class B misdemeanor, or subdivision (10) of subsection 1 of this section, in which case it is a class A misdemeanor if the firearm is unloaded and a class D felony if the firearm is loaded, or subdivision (9) of subsection 1 of this section, in which case it is a class B felony, except that if the violation of subdivision (9) of subsection 1 of this section results in injury or death to another person, it is a class A felony.

6. Violations of subdivision (9) of subsection 1 of this section shall be punished as follows:

(1) For the first violation a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony;

(2) For any violation by a prior offender as defined in section 558.016, RSMo, a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony without the possibility of parole, probation or conditional release for a term of ten years;

(3) For any violation by a persistent offender as defined in section 558.016, RSMo, a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony without the possibility of parole, probation, or conditional release;

(4) For any violation which results in injury or death to another person, a person shall be sentenced to an authorized disposition for a class A felony.

7. Any person knowingly aiding or abetting any other person in the violation of subdivision (9) of subsection 1 of this section shall be subject to the same penalty as that prescribed by this section for violations by other persons.

571.090. 1. A permit to acquire a concealable firearm shall be issued by the sheriff of the county in which the applicant resides, if all of the statements in the application are true, and the applicant:

(1) Is at least twenty-one years of age, a citizen of the United States and has resided in this state for at least six months;

(2) Has not pled guilty to or been convicted of a crime punishable by imprisonment for a term exceeding one year under the laws of any state or of the United States other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of imprisonment of two years or less that does not involve an explosive weapon, firearm, firearm silencer or gas gun;

(3) Is not a fugitive from justice or currently charged in an information or indictment with the commission of a crime punishable by imprisonment for a term exceeding one year under the laws of any state or of the United States other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of imprisonment of two years or less that does not involve an explosive weapon, firearm, firearm silencer or gas gun;

(4) Has not been discharged under dishonorable conditions from the United States armed forces;

(5) Is not publicly known to be habitually in an intoxicated or drugged condition; and

(6) Is not currently adjudged mentally incompetent and has not been committed to a mental health facility, as defined in section 632.005, RSMo, or a similar institution located in another state.

2. A permit to carry a concealable firearm shall be issued or renewed for a period of one year by the sheriff of the county in which the applicant resides, if the applicant satisfies all the requirements of subsection 1 of this section, and if the applicant is also an off-duty peace officer or a retired peace officer having completed a minimum of fifteen years of vested service and terminating service in good standing and who is currently certified as a peace officer pursuant to chapter 590, RSMo. A permit to carry a concealable firearm shall be issued by the sheriff of the county in which the applicant resides if the applicant is a retired peace officer of another state who meets all other requirements of this section and who has obtained Missouri peace officer certification as provided by chapter 590, RSMo. All costs associated with obtaining or renewing a permit to carry a concealable weapon, including but not limited to the cost of background checks and certifications and continuing education shall be borne by the applicant.

3. Applications shall be made to the sheriff of the county in which the applicant resides. An application shall be filed in writing, signed and verified by the applicant, and shall state only the following: the name, Social Security number, occupation, age, height, color of eyes and hair, residence and business addresses of the applicant, the reason for desiring the permit, and whether the applicant complies with each of the requirements specified in subsection 1 of this section. The applicant shall also submit documentation signed by a licensed physician and no less than thirty days old that the applicant is in good physical and mental health.

[3.] 4. Before a permit is issued or renewed, the sheriff shall make only such inquiries as he or she deems necessary into the accuracy of the statements made in the application, but must conduct a criminal background check. The sheriff may require that the applicant display a Missouri operator's license or other suitable identification. The sheriff shall issue or renew the permit within a period not to exceed seven days after submission of the properly completed application excluding Saturdays, Sundays or legal holidays. The sheriff may refuse to issue or renew the permit if he or she determines that any of the requirements specified in subsection 1 of this section have not been met, or if he or she has reason to believe that the applicant has rendered a false statement regarding any of the provisions in subsection 1 of this section. If the application is approved, the sheriff shall issue or renew a permit and a copy thereof to the applicant. A permit shall be automatically and immediately revoked if the holder violates any of the requirements to obtain a permit, fails to maintain certification as a peace officer, or if the holder's peace officer certification is revoked or suspended pursuant to section 590.135, RSMo, or if any of the causes for revocation or suspension itemized at subsection 2 of section 590.135, RSMo, occur.

[4.] 5. The permit shall recite the date of issuance, that it is invalid after thirty days, the name and address of the person to whom granted, the nature of the transaction, and a physical description of the applicant. The applicant shall sign the permit in the presence of the sheriff.

[5.] 6. If the permit is used, the person who receives the permit from the applicant shall return it to the sheriff within thirty days after its expiration, with a notation thereon showing the date and manner of disposition of the firearm and a description of the firearm including the make, model and serial number. The sheriff shall keep a record of all applications for permits, his or her action thereon, and shall preserve all returned permits.

[6.] 7. No person shall in any manner transfer, alter or change a permit, or make a false notation thereon, or obtain a permit upon any false representation, or use, or attempt to use a permit issued to another.

[7.] 8. For the processing of the permit, the sheriff in each county and the city of St. Louis shall charge a fee not to exceed [ten] one hundred dollars for an initial one-year permit, and a fee not to exceed fifty dollars to renew an existing permit for another year, which shall be paid into the [treasury of the county or city to the credit of] county crime reduction fund, if such is established by the county; otherwise into the general revenue fund.

[8.] 9. In any case when the sheriff refuses to issue, renew, or to act on an application for a permit, such refusal shall be in writing setting forth the reasons for such refusal. Such written refusal shall explain the denied applicant's right to appeal and, with a copy of the completed application, shall be given to the denied applicant within a period not to exceed seven days after submission of the properly completed application excluding Saturdays, Sundays or legal holidays. The denied applicant shall have the right to appeal the denial within ten days of receiving written notice of the denial. Such appeals shall be heard in small claims court as defined in section 482.300, RSMo, and the provisions of sections 482.300, 482.310 and 482.335, RSMo, shall apply to such appeals.

[9.] 10. A denial of or refusal to act on an application for permit may be appealed by filing with the clerk of the small claims court a copy of the sheriff's written refusal and a form substantially similar to the appeal form provided in this section. Appeal forms shall be provided by the clerk of the small claims court free of charge to any person:

SMALL CLAIMS COURT

In the Circuit Court of ......................... Missouri

Case Number ..........

..........., Denied Applicant)

)

vs. )

)

..........., Sheriff )

Return Date ..........

DENIAL OF PERMIT APPEAL

The denied applicant states that his properly completed application for a permit to [acquire] carry a firearm with a barrel of less than sixteen inches was denied by the sheriff of ........ County, Missouri, without just cause. The denied applicant affirms that all of the statements in the application are true.

.................................

Denied Applicant

[10.] 11. The notice of appeal in a denial of permit appeal shall be made to the sheriff in a manner and form determined by the small claims court judge.

[11.] 12. If at the hearing the person shows he is entitled to the requested permit, the court shall issue an appropriate order to cause the issuance of the permit. Costs shall not be assessed against the sheriff in any case.

[12.] 13. Any person aggrieved by any final judgment rendered by a small claims court in a denial of permit appeal may have a trial de novo as provided in sections 512.180 to 512.320, RSMo.

[13.] 14. Violation of any provision of this section is a class A misdemeanor."; and

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

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

Which motion was defeated.

Representative O'Toole offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for Senate Committee Substitute for Senate Bill No. 290, Page 92, Section 87.371, Line 14, by inserting after all of said line on said page the following:

"Section 1. Notwithstanding the provisions of sections 610.010 to 610.035, RSMo, to the contrary, any retirement plan as defined in section 105.660, RSMo, located in a city not within a county, providing retirement benefits for general employees shall provide, upon request by any retiree organization, sufficient information enabling such organization to contact retired members."; and

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

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

Representative Byrd offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for Senate Committee Substitute for Senate Bill No. 290, Page 67, Section 86.671, Line 11, by deleting all of Section 86.671.

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

Which motion was defeated by the following vote: