Journal of the House

Second Regular Session, 91st General Assembly

TWENTY-EIGHTH DAY, Tuesday, February 26, 2002

Speaker Kreider in the Chair.

Prayer by Father David Buescher.

God of freedom and love, fan the spark of Your essence in each of us into a flame of justice and mercy. Sustain this House of Representatives again today as it continues on its journey toward a better state through better laws.

As You hold us in the palm of Your gentle hands, also challenge us with grace and mercy to build an even better world. 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: Lindsay Miller, Meredith Brick, Brady Russell, Morgan Russell, Mary Russell, Dallas Polen, Emily Hawkins, Andrew Hawkins, Alex May, Hanna May, Gerald Martin, Rashonda Hogan, Makida Seward and Dorian Mabry.

The Journal of the twenty-seventh day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 481

and

House Resolution No. 482 - Representative Reid

House Resolution No. 483 - Representative Behnen

House Resolution No. 484 - Representative Dolan

SECOND READING OF HOUSE CONCURRENT RESOLUTIONS

HCR 24 and HCR 25 were read the second time.

SECOND READING OF HOUSE BILLS

HB 2037 through HB 2040 were read the second time.

SECOND READING OF SENATE BILLS

SCS SB 885, SB 992 and SB 993 were read the second time.

COMMITTEE REPORT

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

Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred HB 1672 and HCS HB 1765, begs leave to report it has examined the same and finds them to be truly perfected and that the printed copies thereof furnished the members are correct.

BILL CARRYING REQUEST MESSAGE

HCS SS #2 SB 650, relating to statute of limitations, was taken up by Representative Monaco.

Representative Monaco moved that the House refuse to recede from its position on HCS SS #2 SB 650 and grant the Senate a conference.

Speaker Pro Tem Abel assumed the Chair.

Representative Ridgeway made a substitute motion that the House refuse to recede from its position on HCS SS #2 SB 650, grant the Senate a conference and the conferees be allowed to exceed the differences.

Which motion was defeated.

Representative Monaco again moved that the House refuse to recede from its position on HCS SS #2 SB 650 and grant the Senate a conference.

Which motion was adopted.

APPOINTMENT OF CONFERENCE COMMITTEE

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

HCS SS #2 SB 650: Representatives Monaco, Hosmer, Clayton, Crowell and Richardson

THIRD READING OF HOUSE BILLS - CONSENT

HB 1342, relating to uncontested elections, was taken up by Representative Farnen.

On motion of Representative Farnen, HB 1342 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

The emergency clause was adopted by the following vote:

HB 1381, relating to insurance, was taken up by Representative Luetkenhaus.

On motion of Representative Luetkenhaus, HB 1381 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

Representative Hollingsworth assumed the Chair.

Speaker Pro Tem Abel resumed the Chair.

HB 1492, relating to campaign finance disclosure, was taken up by Representative Seigfreid.

On motion of Representative Seigfreid, HB 1492 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 1421, relating to community college maintenance funds, was taken up by Representative McKenna.

On motion of Representative McKenna, HB 1421 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

PERFECTION OF HOUSE BILL

HB 1594, relating to pay raises for correctional officers, was taken up by Representative Gratz.

Representative Gratz offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 1594, Page 1, Section 217.105, Line 3, by inserting immediately after the word "of" the following: "no less than".

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

Representative Seigfreid offered House Amendment No. 2.

House Amendment No. 2

AMEND House Bill No. 1594, Page 1, Section 217.105, Line 1, by deleting all of said line and inserting in lieu thereof the following:

"217.105. On July 1, 2003, subject to appropriations, corrections officers and probation and parole officers shall"; and

Further amend said bill, Page 1, Section 217.105, Line 3, by deleting all of said line and inserting in lieu thereof the following:

"corrections officer or probation and parole officer. Thereafter, corrections officers and probation and parole officers shall receive a salary increase of two"; and

Further amend said bill, Page 1, Section 217.107, Line 1, by deleting all of said line and inserting in lieu thereof the following:

"217.107. 1. Any corrections officer or probation and parole officer who has accrued any overtime hours may"; and

Further amend said bill, Page 1, Section 217.107, Lines 3 and 4, by deleting all of said lines and inserting in lieu thereof the following:

"available and agreed upon by both the corrections officer or the probation and parole officer and his or her supervisor.

2. Any corrections officer or probation and parole officer who has accrued overtime hours may give notice, in"; and

Further amend said bill, Page 1, Section 217.107, Line 7, by deleting all of said line and inserting in lieu thereof the following:

"receipt of such notice, pay the corrections officer or the probation and parole officer for the overtime hours he or she has"; and

Further amend said bill, Page 1, Section 217.107, Line 10, by deleting all of said line and inserting in lieu thereof the following:

"all corrections officers and probation and parole officers in full for any overtime hours accrued during the previous calendar"; and

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

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

Representative Villa assumed the Chair.

Speaker Pro Tem Abel resumed the Chair.

HB 1594, as amended, was laid over.

REFERRAL OF HOUSE BILLS

The following House Bills were referred to the Committee indicated:

HB 1032 - Professional Registration and Licensing

HB 1922 - Transportation

HB 1945 - Children, Families and Health

INTRODUCTION OF HOUSE BILLS

The following House Bills were read the first time and copies ordered printed:

HB 2041, introduced by Representative Liese, relating to special event license plates.

HB 2042, introduced by Representatives Riback Wilson (25), Foley, Boucher, Hosmer and Williams, et al, relating to child safety restraints.

HB 2043, introduced by Representatives Cunningham and Portwood, relating to industrial development.

HB 2044, introduced by Representatives Merideth and Holand, relating to senior citizens property tax relief.

HB 2045, introduced by Representatives Ross, Liese, Luetkemeyer and Hartzler, relating to income tax credit for income paid to another state.

HB 2046, introduced by Representatives Relford and Hoppe, relating to contracts for public water and sewer supply.

HB 2047, introduced by Representatives Ransdall, Reynolds, Boucher, Selby, Ross, Hampton and Gaskill, relating to public higher education students called to active military service.

HB 2048, introduced by Representatives Boucher, Ransdall, McKenna, Reinhart, Ross, Reynolds and Gaskill, et al, relating to special license plates.

HB 2049, introduced by Representative Ladd Baker, relating to an exemption from the certificate of authority requirements for health maintenance organizations acting as PACE projects.

HB 2050, introduced by Representative Barnitz, relating to public safety offenses.

HB 2051, introduced by Representative Hosmer, relating to abandoned property.

HB 2052, introduced by Representative Hosmer, relating to railroad corporations.

HB 2053, introduced by Representative Smith, relating to tobacco products.

HB 2054, introduced by Representative Long, relating to speed limits on county roads.

HB 2055, introduced by Representative Hendrickson, relating to privileged communications.

HB 2056, introduced by Representatives Hosmer, Kreider and Marsh, relating to felony sexual offenses.

HB 2057, introduced by Representative Barry, relating to medical testing of individuals delivered to the department of corrections.

HB 2058, introduced by Representatives Shoemyer (9), Kreider, Smith and Carnahan, et al, relating to Breimyer Center for Sustainable Food and Farming Systems.

MESSAGES FROM THE SENATE

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HS HCS HBs 1037, 1188, 1074 & 1271, entitled:

An act to replace section 556.036, RSMo, relating to sexual offenses, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions and an emergency clause.

Emergency clause adopted.

In which the concurrence of the House is respectfully requested.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted SCR 35.

SENATE CONCURRENT RESOLUTION NO. 35

WHEREAS, under the Balanced Budget Act of 1997, Congress mandated that ambulance services be placed on a fee schedule for Medicare reimbursement; and

WHEREAS, to develop the fee schedule, Congress required that a Negotiated Rulemaking Committee be convened to establish certain policies of the fee schedule and implementation of the rule establishing this fee schedule is planned for April of 2002; and

WHEREAS, the fee schedule is based on four-year old cost data, and additionally, Medicare will only pay 80% of the lesser amount of either the actual charge from the ambulance provider or the Fee Schedule Amount and the patient will be responsible for the remaining 20%;

WHEREAS, Ambulance services will no longer be able to bill the patient any amount beyond the 20% coinsurance and any unmet deductible, then ambulance services will have to absorb any cost over and above the fee schedule amount; and

WHEREAS, by requiring the Medicare schedule to be accepted as total payment, providers (including hospitals, public utility model systems and private operators) who have had low Medicare allowable charges will not be able to balance-bill the patients for the difference and the burden will be on the ambulance service to shoulder the reimbursement that is below today's costs or stop providing service, and the Schedule requires reimbursement at a basic life support rate for some procedures that are considered to be advanced life support measures; and

WHEREAS, although national practice standards and state training requirements mandate that some procedures be performed by paramedics, the Medicare program will only pay for the service at the basic, EMT rate, thus, ambulance services will have to further supplement the cost of services by paying the higher paramedic salary for services that will be reimbursed at the lower EMT allowable cost, or discontinue offering the higher level of emergency care; and

WHEREAS, the revised fee takes effect immediately in April, 2002, and the federal Centers for Medicare and Medicaid Services will not allow a transition period for providers who in the past have billed runs at the paramedic (advanced life support) level on every call because of local ordinances that require advanced life support on every call; and

WHEREAS, local communities will have to decide if they are going to continue to require services to provide the advanced life support level of care, and since Medicare is reducing support for this higher level of care, communities may have to downgrade to a basic life support, thereby decreasing the level of emergency care available to Missourians:

NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-First General Assembly, Second Regular Session, the House of Representatives concurring therein, hereby urge Congress to redesign the ambulance fee schedule for Medicare reimbursement to take into consideration current actual cost data and support of advanced life support emergency medical services because without these considerations, Missourians cannot be assured that they will receive the level of medical services they need in times of a medical emergency; and

BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for the Missouri Congressional delegation.

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 President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House on HCS SS #2 SB 650: Senators Singleton, Klarich, Klindt, House and Caskey.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 718, entitled:

An act to repeal section 171.021, RSMo, relating to reciting the Pledge of Allegiance in public schools, and to enact in lieu thereof one new section relating to the same subject.

In which the concurrence of the House is respectfully requested.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 756, entitled:

An act to amend chapter 171, RSMo, by adding thereto one new section relating to school absences for participation in the Missouri state fair.

In which the concurrence of the House is respectfully requested.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 997, entitled:

An act to repeal section 140.110, RSMo, and to enact in lieu thereof one new section relating to collection of back taxes.

In which the concurrence of the House is respectfully requested.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 1048, entitled:

An act to repeal section 304.027, RSMo, and to enact in lieu thereof one new section relating to the spinal cord injury fund.

In which the concurrence of the House is respectfully requested.

COMMITTEE CHANGES

The Speaker submitted the following Committee changes:

Representative Marsh is no longer a member of the Education-Higher Committee, but has been appointed a member of the Miscellaneous Bills & Resolutions Committee.

Representative Hickey has been appointed a member of the Miscellaneous Bills & Resolutions Committee.

ADJOURNMENT

On motion of Representative Crump, the House adjourned until 10:00 a.m., Wednesday, February 27, 2002.

CORRECTIONS TO THE HOUSE JOURNAL

Correct House Journal, Twenty-seventh Day, Monday, February 25, 2002, pages 355 and 356, roll call, by showing Representative Robirds voting "aye" rather than "absent with leave".

Pages 358 and 359, roll call, by showing Representative Hunter voting "aye" rather than "absent with leave".

COMMITTEE MEETINGS

AGRICULTURE

Wednesday, February 27, 2002, 3:00 p.m. Hearing Room 7.

Executive Session may follow on HB 1837.

To be considered - HB 1794, HB 1863, HB 1936, HCR 14, HR 281

APPROPRIATIONS - CORRECTIONS AND PUBLIC SAFETY

Wednesday, February 27, 2002. Hearing Room 7 upon adjournment.

Mark-up.

To be considered - HB 1108, HB 1109

APPROPRIATIONS - EDUCATION

Wednesday, February 27, 2002. Hearing Room 1 upon adjournment.

Mark-up.

To be considered - HB 1102, HB 1103

APPROPRIATIONS - NATURAL AND ECONOMIC RESOURCES

Wednesday, February 27, 2002. Hearing Room 5 upon adjournment.

To be considered - Executive Session - HB 1106, Executive Session - HB 1107

APPROPRIATIONS - SOCIAL SERVICES

Wednesday, February 27, 2002, 8:00 a.m. Hearing Room 3.

Department of Social Services.

APPROPRIATIONS - SOCIAL SERVICES

Wednesday, February 27, 2002. Hearing Room 3 upon adjournment.

Department of Social Services. Managed Care Update.

BANKS AND FINANCIAL INSTITUTIONS

Wednesday, February 27, 2002, 3:00 p.m. House Lounge.

Executive Session will follow. AMENDED.

To be considered - HB 1762, HR 51

BUDGET

Wednesday, February 27, 2002, 3:30 p.m. Hearing Room 3.

Discussion of Homeland Security and Related Budgetary Issues.

CIVIL AND ADMINISTRATIVE LAW

Wednesday, February 27, 2002, 3:00 p.m. Hearing Room 1.

To be considered - HB 1152, HB 1802, HB 1892

Executive Session - HB 1523, Executive Session - HB 1768, Executive Session - HB 1780

CRIMINAL LAW

Wednesday, February 27, 2002, 8:00 p.m. Hearing Room 7.

Executive Session may be held. AMENDED.

To be considered - HB 1029, HB 1058, HB 1059, HB 1629, HB 1686, HB 1700,

HB 1730, HB 1759, HB 1760

EDUCATION - HIGHER

Wednesday, February 27, 2002, 3:00 p.m. Hearing Room 5.

Possible Executive Session on any bills heard by the committee.

To be considered - HB 1710

ENVIRONMENT AND ENERGY

Wednesday, February 27, 2002. Side gallery upon adjournment.

Executive Session.

To be considered - HB 1569

ENVIRONMENT AND ENERGY

Thursday, February 28, 2002, 8:30 a.m. Hearing Room 7.

Executive Session may follow.

To be considered - HB 1323, HB 1599, HB 1754

FISCAL REVIEW AND GOVERNMENT REFORM

Wednesday, February 27, 2002, 2:00 p.m. Hearing Room 2.

To be considered - HB 1855, Executive Session - HB 1906, Executive Session - HJR 45

JOINT COMMITTEE ON ADMINISTRATIVE RULES

Thursday, March 7, 2002. Hearing Room6 upon adjournment

20CSR 500-6.700. Department of Insurance, Property & Casualty,

Workers' Compensation and Employer's Liability.

JOINT COMMITTEE ON LEGISLATIVE RESEARCH

Wednesday, February 27, 2002, 1:00 p.m. Hearing Room 4.

Discussion of Revision Bill and Review of Oversight Reports.

MISCELLANEOUS BILLS AND RESOLUTIONS

Wednesday, February 27, 2002, 8:00 a.m. Hearing Room 6.

Executive Session may follow. AMENDED.

To be considered - HB 1460, HB 1879, HB 1880, HB 1994, HCR 11, HR 262, HR 318, HR 341

MISCELLANEOUS BILLS AND RESOLUTIONS

Thursday, February 28, 2002, 8:30 a.m. Hearing Room 6.

Executive Session may follow.

To be considered - HB 1596, HB 1777

MUNICIPAL CORPORATIONS

Wednesday, February 27, 2002, 3:00 p.m. Hearing Room 4.

Executive Session.

PROFESSIONAL REGISTRATION AND LICENSING

Wednesday, February 27, 2002, 5:00 p.m. Hearing Room 5.

Presentation by State Board of Accountancy. AMENDED.

To be considered - HB 1032, HB 1743, HB 1796, HB 1808, HB 1835, HB 1843,

HB 1844, HB 1869, HB 1871

RETIREMENT

Wednesday, February 27, 2002, 8:00 p.m. Hearing Room 1.

Executive Session may follow on HB 1455.

To be considered - HB 1524, HB 1529, HB 1560, HB 1734, HB 1823

SPECIAL COMMITTEE ON SPORTSMANSHIP, SAFETY AND FIREARMS

Wednesday, February 27, 2002. Hearing Room 6 upon adjournment.

Executive Session will follow.

To be considered - HB 1702

TRANSPORTATION

Wednesday, February 27, 2002, 3:00 p.m. Hearing Room 6.

Executive Session to follow.

To be considered - HB 1141, HB 1196, HB 1270, HB 1400, HB 1466, HB 1745

HOUSE CALENDAR

TWENTY-NINTH DAY, WEDNESDAY, FEBRUARY 27, 2002

HOUSE BILLS FOR SECOND READING

HB 2041 through HB 2058

HOUSE BILLS FOR PERFECTION

1 HCS HB 1461 & 1470 - Seigfreid

2 HCS HB 1202 - Smith

3 HCS HB 1069 - Bray

4 HB 1594, as amended - Gratz

5 HB 1581 - Clayton

6 HB 1418, HCA 1 - Barnitz

7 HCS HB 1403 - St. Onge

8 HCS HB 1817 - Franklin

9 HB 1592 - Hickey

10 HCS HB 1532 - Hoppe

11 HCS HB 1344 & 1944 - Crump

HOUSE BILLS FOR PERFECTION - CONSENT

(2-21-02)

1 HB 1477 - Farnen

2 HB 1668 - Holt

3 HB 1446 - Luetkenhaus

4 HB 1078 - Whorton

5 HB 1468 - Ward

6 HB 1086 - Harlan

7 HB 1406 - Barnett

8 HB 1402 - Burton

(2-26-02)

1 HB 1159 - Boykins

2 HB 1214 - Davis

3 HB 1624 - Skaggs

4 HB 1204 - Seigfreid

5 HB 1093 - Relford

6 HB 1714 - Hilgemann

7 HB 1205 - Seigfreid

8 HB 1411 - Skaggs

9 HB 1094 - Relford

10 HB 1397 - Ransdall

11 HB 1391 - Smith

12 HB 1272 - Smith

13 HB 1412 - Skaggs

14 HB 1918 - Koller

15 HB 1265 - Gratz

16 HB 1242 - Griesheimer

17 HB 1075 - Nordwald

18 HB 1320 - Reid

19 HB 1515 - Burton

HOUSE CONCURRENT RESOLUTIONS FOR ADOPTION AND THIRD READING

1 HCR 3, (2-21-02, pages 342 & 343) - Hampton

2 HCR 15, (2-21-02, pages 343 & 344) - O'Toole

HOUSE JOINT RESOLUTION FOR THIRD READING

HJR 32 - Barry

HOUSE BILLS FOR THIRD READING

1 HCS HB 1150, 1237 & 1327 - Bray

2 HCS HB 1711, E.C. - Graham

3 HCS HB 1398, E.C. - Ward

4 HS HB 1498 - Johnson (90)

5 HCS HB 1472, (Fiscal Review 2-25-02) - Whorton

6 HB 1432 - Foley

7 HB 1672 - Gambaro

8 HCS HB 1765, E.C. - Bray

HOUSE BILLS FOR THIRD READING - CONSENT

1 HB 1375 - Luetkenhaus

2 HB 1495 - Seigfreid

3 HB 1348 - Myers

SENATE CONCURRENT RESOLUTION FOR SECOND READING

SCR 35

SENATE BILLS FOR SECOND READING

1 SB 718

2 SCS SB 756

3 SCS SB 997

4 SB 1048

HOUSE BILL WITH SENATE AMENDMENTS

SCS HS HCS HB 1037, 1188, 1074 & 1271, E.C. - Hosmer

BILL IN CONFERENCE

HCS SS#2 SB 650 - Monaco

HOUSE RESOLUTION

HR 150, (2-21-02, page 344) - Vogel

Missouri House of Representatives