Journal of the House

Second Regular Session, 91st General Assembly

FORTY-NINTH DAY, Tuesday, April 9, 2002

Speaker Kreider in the Chair.

Prayer by Father David Buescher.

God of mercy, Father of justice, Lord of peace, manifest Yourself in this room, in office, hearing room, corridor; wherever You are needed to bring order from disorder and serenity from discord.

In this great Capitol building, may even the stones resound with Your aura. Help all here to recall the greatness of their calling, even in the little decisions and judgements, which add up to important ends. Help us build, not just material progress, but expanse in mind and heart, which truly makes us free. 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: Tasha Scott, Lauren Nilges, Justin Major, Alex Pang, Michelle Scott, Shelby Helton, Julie Nulsen, Ryan Schulze, Marneekwua Carter, Mary Boedeker, Robert Dawkins, Anthony Dickson, Zach Eastman, Matt Elbert, Jason Evans, Jacob Evers, Luke Garrison, Lee Glaser, Sebastian Harms, Anthony Henderson, Jennifer Hess, Ben Hjelle, Max Holtz, Rachel Ilyashov, Jim Janney, Eddie Johnson, Matt Lambeth, Timothy Mathis, Ben Meraz, Claire Mosely, Megan Multack, Drew Nangle, Patrick Nangle, Adam Parli, Rodney Payne, James Peisker, Aaron Richter, Meaghan Roberts, Tasha Scott, Andrea Seligman, Ashley Tate, Jon Voelz, Charles Warren, Jennifer Williams, Marie Wilson, Ryan Wolfe, Tyrone Jones, David Craft, Jason McDonald, George Strickland and Carly Wilburn.

The Journal of the forty-eighth day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1150

and

House Resolution No. 1151 - Representative Berkowitz

House Resolution No. 1152 - Representative Ransdall

House Resolution No. 1153 - Representative Riback Wilson (25)

House Resolution No. 1154 - Representative Bartle

House Resolution No. 1155 - Representative Barnett

House Resolution No. 1156 - Representative Enz

House Resolution No. 1157 - Representative Franklin

House Resolution No. 1158 - Representative Reynolds

House Resolution No. 1159 - Representative Reynolds, et al

SECOND READING OF SENATE BILLS

SB 740 and SS SCS SB 840 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 HCS HB 1114, begs leave to report it has examined the same and finds it to be truly perfected and that the printed copies thereof furnished the members are correct.

Speaker Pro Tem Abel assumed the Chair.

PERFECTION OF HOUSE BILLS

HB 1869, as amended, with House Amendment No. 4, pending, relating to peace officer residency, was taken up by Representative Barry.

Representative Gambaro offered House Substitute Amendment No. 1 for House Amendment No. 4.

House Substitute Amendment No. 1

for

House Amendment No. 4

AMEND House Bill No. 1869, Page 1, Section 71.203, Line 7, by adding after "county." the following:

"3. The provisions of this paragraph shall not apply if the school district which coincides with said city has been unaccredited or provisionally accredited by the state board of education or failed to make significant and sustained progress on the Missouri Assessment Plan within the past two years.".

Representative Gambaro moved that House Substitute Amendment No. 1 for House Amendment No. 4 be adopted.

Which motion was defeated.

Representative O'Toole moved that House Amendment No. 4 be adopted.

Which motion was defeated by the following vote:

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

House Amendment No. 5

AMEND House Bill No. 1869, Page 1, Section 71.203, Line 7, by inserting immediately before the period the following:

"Except that such political subdivision may provide incentives, such as housing supplements or vehicle use guidelines, to encourage peace officers to locate within such political subdivision".

On motion of Representative Riback Wilson (25), House Amendment No. 5 was adopted.

Representative Gratz offered House Amendment No. 6.

House Amendment No. 6

AMEND House Bill No. 1869, Page 1, Section 71.203, Line 7, by inserting thereafter the following:

"3. The provisions of this section shall not apply to a county of the first classification without a charter form of government and with more than seventy-one thousand three hundred but less than seventy-one thousand four hundred inhabitants."; and

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

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

Representative Cunningham offered House Amendment No. 7.

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

The Chair ruled the point of order well taken.

Representative Green (73) offered House Amendment No. 7.

House Amendment No. 7

AMEND House Bill No. 1869, Page 1, Section 71.203, Line 7, by inserting after said line the following:

"3. The provisions of this section shall not apply to any special assignments or use of department property as determined by any city, town, village or county.".

Representative Barry offered House Amendment No. 1 to House Amendment No. 7.

House Amendment No. 1

to

House Amendment No. 7

AMEND House Amendment No. 7 to House Bill No. 1869, Page 1, Section 71.203, by striking "any special assignments or".

On motion of Representative Barry, House Amendment No. 1 to House Amendment No. 7 was adopted.

On motion of Representative Green (73), House Amendment No. 7, as amended, was adopted.

Representative O'Toole offered House Amendment No. 8.

House Amendment No. 8

AMEND House Bill No. 1869, Page 1, Section 71.203, Line 7, by inserting after said line the following:

"3. In any city not within a county, the provisions of this section shall only apply to peace officers who are veterans of the force of twelve years or greater.".

Representative O'Toole moved that House Amendment No. 8 be adopted.

Which motion was defeated by the following vote:

Representative O'Toole offered House Amendment No. 9.

Representative Gambaro 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.

On motion of Representative Barry, HB 1869, as amended, was ordered perfected and printed by the following vote:

Speaker Kreider resumed the Chair.

HCS HBs 1654 & 1156, relating to the protection of the elderly, was taken up by Representative Hosmer.

Representative Hosmer offered HS HCS HBs 1654 & 1156.

Representative Luetkenhaus offered House Amendment No. 1.

Representative Johnson (90) raised a point of order that House Amendment No. 1 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Foley offered House Amendment No. 1.

Representative Hollingsworth raised a point of order that House Amendment No. 1 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Ladd Baker offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1654 & 1156, Page 50, Section 197.370, Lines 16 through 24, by deleting all of said lines and inserting in lieu thereof following:

"Continuing care retirement communities, which contain in their certificate of need application plans which when completed will consist of a minium of fifty independent living units and a minimum of thirty residential care facility beds and thirty skilled nursing facility beds and all facilities are located on contiguous property, shall be exempt from the requirements of section 197.317 and 197.318 RSMo, for the establishment or addition of long-term care beds."; and

Further amend said bill, Page 121, Section 344.050, Line 20, by inserting after all of said line the following:

"354.407. Notwithstanding the provisions of section 354.405 to the contrary, a program for all-inclusive care for the elderly (PACE) project sponsored by a religious or charitable organization that is itself or is controlled by an entity organized under Section 501(c)(3) of the Internal Revenue Code and which has had its application for the operation of a PACE program approved by the Center for Medicare and Medicaid Services of the federal Department of Health and Human Services and is operating under such approval shall not be

deemed to be engaged in any business required to be licensed pursuant to section 354.405. Such exemption shall apply only to business conducted pursuant to the approved PACE contract and not to any other business that such organization may conduct."; and

Further amend said bill, Page 143, Section 660.071, Lines 21 through 23, by deleting the sentence beginning with the word "such"; and

Further amend said bill, Page 148, Section 1, Line 1, by inserting after all of said line the following:

"Section 2. In order to protect the community spouse of an individual living in a residential care facility I or residential care facility II, as defined in Section 198.006, RSMo, from impoverishment and to prevent premature placement in a more expensive, more restrictive environment, the division of family services shall comply with the provisions of subsection 6 of section 208.010, RSMo, when determining the eligibility for benefits pursuant to section 208.030, RSMo."; and

Further amend title, enacting clause and intersectional references accordingly.

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

Representative Naeger offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1654 & 1156, by placing the following in the appropriate location:

"[197.367 Upon application for renewal by any residential care facility I or II which on the effective date of this act has been licensed for more than five years, is licensed for more than fifty beds and fails to maintain for any calendar year its occupancy level above thirty percent of its then licensed beds, the division of aging shall license only fifty beds for such facility.]"; and

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

Representative Ladd Baker raised a point of order that House Amendment No. 2 is improperly drafted.

The Chair ruled the point of order not well taken.

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

HCS HBs 1654 & 1156, with HS, as amended, pending, was laid over.

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

AFTERNOON SESSION

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

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1160

through

House Resolution No. 1162 - Representative Green (73)

House Resolution No. 1163 - Representative Jolly

House Resolution No. 1164

through

House Resolution No. 1177 - Representative Reinhart

House Resolution No. 1178

and

House Resolution No. 1179 - Representative Fares

House Resolution No. 1180 - Representative Clayton

House Resolution No. 1181 - Representative Harding

House Resolution No. 1182 - Representative Williams

House Resolution No. 1183 - Representative Shields

House Resolution No. 1184 - Representative Legan

House Resolution No. 1185 - Representative Mayer

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 HCS HB 1443, HS HB 1455, HB 1488, HB 1489, HCS HB 1692, HB 1773 and HB 1850, 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.

THIRD READING OF HOUSE BILLS

HS HCS HBs 1461 & 1470, relating to elections, was taken up by Representative Seigfreid.

On motion of Representative Seigfreid, HS HCS HBs 1461 & 1470 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

The emergency clause was adopted by the following vote:

HS HCS HB 1392, relating to school district tax alternatives, was taken up by Representative Davis.

On motion of Representative Davis, HS HCS HB 1392 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

Speaker Pro Tem Abel resumed the Chair.

HB 1926, relating to children's health insurance program, was taken up by Representative Fraser.

On motion of Representative Fraser, HB 1926 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

Representative Foley requested a verification of the roll call on the motion to third read and pass HB 1926.

The emergency clause was adopted by the following vote:

HB 1679, relating to horse racing and pari-mutuel wagering, was taken up by Representative Crump.

On motion of Representative Crump, HB 1679 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

Representative Boatright requested a verification of the roll call on the motion to third read and pass HB 1679.

Speaker Kreider resumed the Chair.

THIRD READING OF HOUSE BILL - APPROPRIATIONS

HCS HB 1114, relating to appropriations, was taken up by Representative Green (73).

Representative Green (73) offered House Perfecting Amendment No. 1.

House Perfecting Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1114, Page 1, by amending the title, Line 3, by deleting the word "July" and inserting in lieu thereof the word "June".

On motion of Representative Green (73), House Perfecting Amendment No. 1 was adopted.

Representative Green (73) moved that HCS HB 1114, as amended, be read the third time and passed.

Which motion was defeated by the following vote:

REFERRAL OF HOUSE CONCURRENT RESOLUTION

The following House Concurrent Resolution was referred to the Committee indicated:

HCR 39 - Miscellaneous Bills & Resolutions

REFERRAL OF HOUSE BILL

The following House Bill was referred to the Committee indicated:

HCS HB 1443 - Fiscal Review and Government Reform (Fiscal Note)

REFERRAL OF SENATE BILLS

The following Senate Bills were referred to the Committee indicated:

SCS SB 656 - Insurance

SCS SB 669 - Commerce and Economic Development

SCS SB 737 - Agriculture

SCS SB 836 - Ways and Means

SB 860 - Education-Elementary and Secondary

SB 993 - Public Safety, Law Enforcement and Veteran Affairs

COMMITTEE REPORTS

Committee on Agriculture, Chairman Berkowitz reporting:

Mr. Speaker: Your Committee on Agriculture, to which was referred HR 281, begs leave to report it has examined the same and recommends that it Do Pass.

HOUSE RESOLUTION NO. 281

Whereas, the historical attachment of Missourians to the land and agriculture is decreasing; and

Whereas, today's farmers and ranchers contribute to the abundant, healthy, and low-cost food, fiber, and fuel system that drives the state and national economies; and

Whereas, the chasm that exists between production and the plate allows for misunderstandings of the importance of agriculture; and

Whereas, the Governor's Task Force on Agriculture identified the necessity of building an organizational and communications infrastructure to better serve the needs of the agriculture community; and

Whereas, the House Agriculture Committee does recognize the critical need for cooperation between the various organizations within agriculture to tell the agriculture story; and

Whereas, the House Agriculture Subcommittee tasked with making recommendations for implementation of the Governor's Task Force on Agriculture findings met and discussed the challenges and opportunities presented by better coordination and focus of resources; and

Whereas, it is agreed that through additional emphasis on coordination, the agriculture community can better educate consumers, both young and old, about the importance of agriculture production to our state and nation; and

Whereas, to be successful, this effort must be a venture embraced by both the public and private sectors:

Now, therefore, be it resolved that we, the members of the Missouri House of Representatives, Ninety-first General Assembly, urge the Departments of Agriculture, Natural Resources, Conservation, Health and Senior Services, and Economic Development, and the Coordinating Board for Higher Education to cooperatively develop plans for increased awareness and understanding of the importance and opportunity of the state's agriculture industries; and

Be it further resolved that the members of the House of Representatives urge private sector agriculture interests to join with government in cooperative programs of education, focusing on both in-school as well as practical hands-on interaction; and

Be it further resolved that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the Directors of the Departments of Agriculture, Natural Resources, Conservation, Health and Senior Services, and Economic Development, and the Coordinating Board for Higher Education.

Committee on Commerce and Economic Development, Chairman Rizzo reporting:

Mr. Speaker: Your Committee on Commerce and Economic Development, to which was referred HB 1886, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Conservation, State Parks and Mining, Chairman Relford reporting:

Mr. Speaker: Your Committee on Conservation, State Parks and Mining, to which was referred SCS SB 1015, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Criminal Law, Chairman Hosmer reporting:

Mr. Speaker: Your Committee on Criminal Law, to which was referred HB 1577, HB 1760, HB 1433, HB 1430, HB 1029 and HB 1700, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Critical Issues, Consumer Protection and Housing, Chairman Harlan reporting:

Mr. Speaker: Your Committee on Critical Issues, Consumer Protection and Housing, to which was referred HB 1695, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

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

Mr. Speaker: Your Committee on Education-Elementary and Secondary, to which was referred HCR 18, begs leave to report it has examined the same and recommends that it Do Pass.

HOUSE CONCURRENT RESOLUTION NO. 18

WHEREAS, recent legislative hearings have brought to light serious problems in the ability of young adults to understand and evaluate consumer credit issues, such as credit cards and payday loans; and

WHEREAS, mistakes with financial well-being made in early adulthood can imperil a young adult's credit rating and affect his or her ability to be a productive member of society; and

WHEREAS, the ability to evaluate the soundness and advisability of using particular consumer credit programs is a crucial life skill; and

WHEREAS, the Missouri assessment program communications, mathematics, and social studies assessments for middle school and high school students offer a unique opportunity to gauge the extent of young people's understanding of these issues; and

WHEREAS, the first goal of the Show-Me Standards includes elements such as evaluating information and ideas, and applying acquired information to different contexts as students, workers, citizens, and consumers; and

WHEREAS, in some disciplines, such as consumer and family sciences and business education, extensive work has already been done to chart skills such as comparing various aspects of consumer credit against not only the Show-Me Standards but also national standards and tests; and

WHEREAS, dictating the content of courses by state statute may not always be good public policy, but making known legislative priorities so that existing programs may accommodate those priorities is an obligation of the General Assembly:

NOW, THEREFORE, BE IT RESOLVED by the members of the House of Representatives of the Ninety-first General Assembly, Second Regular Session, the Senate concurring therein, that the Department of Elementary and Secondary Education should:

1) Impanel a group or groups of teachers to determine if consumer credit issues can be addressed in the framework of the Show-Me Standards and, if so, determine what type of questions, including the possibility of performance events, would be appropriate for inclusion in the statewide assessments, as well as addressing the optimum grade level for inclusion, whether middle or high school, or both;

2) If the teacher panels respond favorably to the inclusion of consumer credit questions, determine if and how the assessment instruments can be kept comparable with previous years' instruments as they are rewritten in the ordinary course of test development to incorporate consumer credit elements;

3) Determine what steps would be necessary to track and report statewide average performance on those elements concerning consumer credit issues and advise if it is possible or advisable;

4) Encourage organizations that represent individual curriculum areas, such as communications, mathematics, and social studies, to incorporate analysis of consumer credit issues where appropriate; and

5) Identify and publicize methods besides statewide assessments that could help students and teachers incorporate consumer credit issues in teaching and learning, including professional development opportunities; 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 for the Commissioner of Education.

Committee on Judiciary, Chairman Monaco reporting:

Mr. Speaker: Your Committee on Judiciary, to which was referred HJR 28, begs leave to report it has examined the same and recommends that it Do Pass.

Committee on Miscellaneous Bills & Resolutions, Chairman O'Toole reporting:

Mr. Speaker: Your Committee on Miscellaneous Bills & Resolutions, to which was referred HB 1717, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Professional Registration and Licensing, Chairman Treadway reporting:

Mr. Speaker: Your Committee on Professional Registration and Licensing, to which was referred HB 1090, begs leave to report it has examined the same and recommends that it Do Pass.

Committee on Public Safety, Law Enforcement and Veteran Affairs, Chairman Boucher reporting:

Mr. Speaker: Your Committee on Public Safety, Law Enforcement and Veteran Affairs, to which was referred SB 726, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Public Safety, Law Enforcement and Veteran Affairs, to which was referred SB 1028, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Public Safety, Law Enforcement and Veteran Affairs, to which was referred SB 1119, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent

Mr. Speaker: Your Committee on Public Safety, Law Enforcement and Veteran Affairs, to which was referred SB 1213, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

Committee on Social Services, Medicaid and the Elderly, Chairman Ladd Baker reporting:

Mr. Speaker: Your Committee on Social Services, Medicaid and the Elderly, to which was referred HCR 13, begs leave to report it has examined the same and recommends that it Do Pass.

HOUSE CONCURRENT RESOLUTION NO. 13

Whereas, HR 3113, the TANF Reauthorization Act of 2001, was introduced in the United States House of Representatives on October 12, 2001, which would reform the Temporary Assistance for Needy Families program to make it clear that the program's principal focus is the long-term reduction of poverty rather than a short-term immediate reduction in the welfare rolls; and

Whereas, HR 3113 would also make it clear that postsecondary education is a work activity under the TANF program by providing access to postsecondary education for TANF recipients as a permissible work activity; and

Whereas, in the United States, education has always been a route to economic self-sufficiency and social mobility; and

Whereas, in the twenty-first century, at least one year of postsecondary education will become increasingly more essential for all workers; and

Whereas, TANF does not currently extend our nation's commitment to educational opportunity to persons living in poverty with their children, but who are ready, willing, and able to benefit from postsecondary education; and

Whereas, data from several studies has demonstrated that the additional earning capacity that a postsecondary education provides can make the difference between economic self-sufficiency and continued poverty for many TANF recipients; and

Whereas, among families headed by African American, Latino, and Caucasian women, the poverty rate declines from fifty-one, forty-one, and twenty-two percent to twenty-one, eighteen and one-half, and thirteen percent, respectively, with at least one year of postsecondary education; and

Whereas, further data has found that postsecondary education not only increases incomes, it also improves self-esteem, increases children's education ambitions, including aspiring to enter postsecondary education themselves, and has a dramatic impact on quality of life; and

Whereas, now more than ever TANF recipients need postsecondary education to obtain the knowledge and skills required to compete for jobs and enable them to lift themselves and their children out of poverty in the long-term; and

Whereas, without some postsecondary education, most women who leave welfare for employment will earn wages that place them far below the federal poverty level, even after five years of employment; and

Whereas, allowing TANF recipients to attend postsecondary education, even for a short time, will improve their earning potential significantly, with the average person who attends a community college, even without graduating, earning approximately ten percent more than those persons who do not attend postsecondary education at all; and

Whereas, women who receive TANF assistance clearly appreciate the importance and role of postsecondary education in moving them out of poverty to long-term economic self-sufficiency; and

Whereas, as of November 1999, at least nineteen states had considered or enacted strategies to support recipient's efforts to achieve long-term economic self-sufficiency through the pursuit of postsecondary education:

Now, therefore, be it resolved that the members of the House of Representatives of the Ninety-first General Assembly, Second Regular Session, the Senate concurring therein, support HR 3113, the TANF Reauthorization Act of 2001; and

Be it further resolved that the General Assembly urges Missouri's Congressional delegation to support the passage of HR 3113, the TANF Reauthorization Act of 2001; and

Be it further resolved that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and each member of Missouri's Congressional delegation.

MESSAGES FROM THE SENATE

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCR 3.

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 HS HCR 15.

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 58.

SENATE CONCURRENT RESOLUTION NO. 58

An act by concurrent resolution and pursuant to Article IV, Section 8, Missouri Constitution, to disapprove Rule 20 CSR 500-6.700 and direct the Department of Insurance to promulgate an emergency rule and a proposed rule as required by Section 287.135, RSMo.

WHEREAS, in 1993, the General Assembly enacted Senate Bill No. 251 containing the provision now codified at Section 287.135, RSMo, which requires the Department of Insurance to promulgate rules to determine the criteria by which a workers' compensation insurer may reimburse fees charged by a managed care organization ("MCO"); and

WHEREAS, the Department of Insurance promulgated Rule 20 CSR 500-6.700 which would become effective thirty days after publication in the Code of State Regulations; and

WHEREAS, the Department of Insurance has filed proposed rulemakings on at least 7 occasions but have failed to finalize such proposed rulemakings with the filing of an order of rulemaking with the Joint Committee on Administrative Rules and the Secretary of State; and

WHEREAS, the Joint Committee on Administrative Rules has held at least two hearings on previous rules proposed by the Department; and

WHEREAS, nearly ten years have passed since the Department of Insurance was directed to promulgate rules to determine the criteria by which workers' compensation insurers may reimburse fees charged by managed care organizations; and

WHEREAS, numerous managed care organizations were organized for the purpose of providing services in workers' compensation matters; and

WHEREAS, workers' compensation insurers have denied claims for payment from managed care organizations due to the absence of the rule required pursuant to Section 287.135, RSMo; and

WHEREAS, numerous managed care organizations have suffered financial losses due to their denied claims for services; and

WHEREAS, the Joint Committee on Administrative Rules held a hearing on March 7, 2002, and by a unanimous vote disapproved Rule 20 CSR 500-6.700 and recommends that the General Assembly act to disapprove and suspend Rule 20 CSR 500-6.700; and

WHEREAS, the Joint Committee on Administrative Rules directed the Department of Insurance to promulgate an emergency rule and a proposed rule with a sunset of December 31, 2002, which would provide a mechanism to pay managed care organizations, including those whose claims have been denied since the passage of Senate Bill No. 251 in 1993, based on the absence of a rule as required pursuant to Section 287.135, RSMo; and

WHEREAS, the Department of Insurance agreed to abide by the directions of the Joint Committee on Administrative Rules relating to the promulgation of an emergency and proposed rule; and

WHEREAS, the Department of Insurance to date has failed and refused to abide by the directions of the Joint Committee on Administrative Rules relating to the promulgation of an emergency and proposed rule:

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, upon concurrence of a majority of the members of the Senate and a majority of the members of the House of Representatives, hereby disapprove proposed Rule 20 CSR 500-6.700; and

BE IT FURTHER RESOLVED, that the General Assembly hereby directs the Department of Insurance to promulgate an emergency rule and a proposed rule with a sunset of December 31, 2002, which would provide a mechanism to pay managed care organizations, including those whose claims have been denied since the passage of Senate Bill No. 251 in 1993, based on the absence of a rule as required pursuant to Section 287.135, RSMo; and

BE IT FURTHER RESOLVED that a copy of the foregoing be submitted to the Secretary of State so that the Secretary of State may publish in the Missouri Register, as soon as practicable, notice of the revocation upon this resolution having been signed by the Governor or having been approved by two-thirds of each house of the Ninety-first General Assembly, Second Regular Session, after veto by the Governor as provided in Article III, Sections 31 and 32, and Article IV, Section 8 of the Missouri Constitution; and

BE IT FURTHER RESOLVED that a properly inscribed copy be presented to the Governor in accordance with Article IV, Section 8 of the Missouri Constitution.

In which the concurrence of the House is respectfully requested.

ADJOURNMENT

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

CORRECTIONS TO THE HOUSE JOURNAL

Correct House Journal, Forty-eighth Day, Monday, April 8, 2002, pages 987 and 988, roll call, by showing Representative Hosmer voting "aye" rather than "absent with leave".

Pages 991 and 992, roll call, by showing Representative Berkstresser voting "aye" rather than "absent with leave".

Page 994, roll call, by showing Representative Graham voting "no" rather than "absent with leave".

Page 994, roll call, by showing Representative Berskstresser voting "aye" rather than "absent with leave".

Pages 995 and 996, roll call, by showing Representative Berkstresser voting "aye" rather than "absent with leave".

COMMITTEE MEETINGS

AGRICULTURE

Wednesday, April 10, 2002. Hearing Room 7 upon morning recess.

Executive Session may follow. AMENDED. Senate Bills to be heard first.

Public Hearing to be held on: HB 2204, SB 737, SB 865, SB 1071

BANKS AND FINANCIAL INSTITUTIONS

Wednesday, April 10, 2002. Hearing Room 3 upon morning recess.

Executive Session may follow.

Public Hearing to be held on: SB 895

CIVIL AND ADMINISTRATIVE LAW

Wednesday, April 10, 2002. Hearing Room 1 upon morning recess.

Public Hearing to be held on: SB 758, SB 916, SB 932, SB 1247, SB 1258

CORRECTIONAL & STATE INSTITUTIONS

Wednesday, April 10, 2002, 9:00 a.m. Hearing Room 7.

Executive Session may follow.

Public Hearing to be held on: HB 2016, SB 645, SB 804, SB 1041

CRIMINAL LAW

Wednesday, April 10, 2002, 8:00 p.m. Hearing Room 7. AMENDED.

Executive Session to follow.

Public Hearing to be held on: SB 642, SB 1070, SB 1102

EDUCATION - ELEMENTARY AND SECONDARY

Wednesday, April 10, 2002, 8:00 am. Hearing Room 3.

Executive Session may follow on HB 1034.

Public Hearing to be held on: HB 1893, HB 1940, HB 1941, SB 794, SB 859, SB 874, SB 1050

EDUCATION - HIGHER

Wednesday, April 10, 2002. Hearing Room 5 upon noon recess or 12:15pm.

Executive Session.

Public Hearing to be held on: SB 776, SB 947, SB 1212

ELECTIONS

Wednesday, April 10, 2002, 8:30 am. Hearing Room 4.

Executive Session will follow.

Public Hearing to be held on: SB 962

ENVIRONMENT AND ENERGY

Wednesday, April 10, 2002. Side gallery upon morning recess.

Executive Session.

Public Hearing to be held on: HB 1599

ENVIRONMENT AND ENERGY

Thursday, April 11, 2002, 8:30 a.m. Hearing Room 7.

Executive Session may follow.

Public Hearing to be held on: SB 708, SB 821, SB 1011, SB 1012, SB 1163

FISCAL REVIEW AND GOVERNMENT REFORM

Thursday, April 11, 2002, 8:30 a.m. Hearing Room 6.

Executive Session will follow.

Public Hearing to be held on: HB 1443, SB 812

JOINT COMMITTEE ON ADMINISTRATIVE RULES

Thursday, April 18, 2002. Senate Lounge upon noon adjournment.

Rule Number 19 CSR 30-82.010, 19 CSR 30-83.010, 12 CSR 10-24.326.

JUDICIARY

Thursday, April 11, 2002, 9:30 a.m. Member Lounge in back of House Chamber.

Executive Session to be held on: SB 742, SB 749, SB 1251

MISCELLANEOUS BILLS AND RESOLUTIONS

Wednesday, April 10, 2002, 8:45 am. Hearing Room 6.

Executive Session may follow.

Public Hearing to be held on: HB 2118, HB 2144, SB 1143, SB 1220

MOTOR VEHICLE AND TRAFFIC REGULATIONS

Thursday, April 11, 2002, 9:30 am. Side gallery.

Executive Session.

MUNICIPAL CORPORATIONS

Wednesday, April 10, 2002. Hearing Room 4 upon morning recess.

Public Hearing to be held on: HB 1931, SB 1124, SB 1132, SB 1217

PROFESSIONAL REGISTRATION AND LICENSING

Thursday, April 11, 2002, 9:00 a.m. Hearing Room 1.

Executive Session.

PUBLIC SAFETY, LAW ENFORCEMENT AND VETERAN AFFAIRS

Thursday, April 11, 2002, 9:30 a.m. Member Lounge in back of House Chamber.

Executive Session will follow.

Public Hearing to be held on: SB 993

RETIREMENT

Wednesday, April 10, 2002, 7:00 p.m. Hearing Room 1.

Executive Session may follow.

Public Hearing to be held on: SB 967, SB 1001

SPECIAL COMMITTEE ON PUBLIC-PRIVATE PARTNERSHIPS

Thursday, April 11, 2002, 9:30 a.m. Side gallery.

Executive Session to be held on: HCR 24

TRANSPORTATION

Wednesday, April 10, 2002. Hearing Room 6 upon morning recess.

Executive Session to follow.

Public Hearing to be held on: SB 701, SB 775, SB 891, SB 950, SB 970, SB 974, SB 988, SB 1199, SB 1202

URBAN AFFAIRS

Wednesday, April 10, 2002, 8:30 am. House Lounge.

Executive Session.

Public Hearing to be held on: SB 961, SB 1039

HOUSE CALENDAR

FIFTIETH DAY, WEDNESDAY, APRIL 10, 2002

HOUSE JOINT RESOLUTION FOR PERFECTION

HJR 28 - Villa

HOUSE BILLS FOR PERFECTION

1 HCS HB 1654 & 1156, HS, as amended, pending - Hosmer

2 HCS HB 1502 & 1821 - Luetkenhaus

3 HCS HB 1735 - Hoppe

4 HB 1058 - Haywood

5 HCS HB 1756 - Reid

6 HB 1460 - Hilgemann

7 HCS HB 1509 & 1510 - Curls

8 HCS HB 1143 - Rizzo

9 HCS HB 1888 - Barnitz

10 HCS HB 1962 - Monaco

11 HCS HB 1527 - Graham

12 HCS HB 1809 - Sanders Brooks

13 HB 1726 - Walton

14 HCS HB 1729, 1589 & 1435 - Barnitz

15 HCS HB 1717 - Foley

16 HCS HB 1577, 1760, 1433, 1430, 1029 & 1700 - Campbell

17 HCS HB 1695 - Selby

18 HB 1090 - Reynolds

HOUSE BILLS FOR PERFECTION - INFORMAL

1 HB 1594, as amended - Gratz

2 HCS HB 1069 - Bray

3 HCS HB 1479 - Ladd Baker

HOUSE BILL FOR PERFECTION - REVISION

HB 2078 - Clayton

HOUSE CONCURRENT RESOLUTIONS FOR ADOPTION AND THIRD READING

1 HCR 13, (4-9-02) - Bowman

2 HCR 18, (4-9-02) - Wilson (42)

HOUSE JOINT RESOLUTION FOR THIRD READING

HJR 32 - Barry

HOUSE BILLS FOR THIRD READING

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

2 HB 1306, E.C. (Fiscal Review 4-2-02) - Williams

3 HS HB 1455, E.C. - O'Toole

4 HB 1773, E.C. - Shelton

5 HCS HB 1443, (Fiscal Review 4-9-02) - Barry

6 HB 1489 - Britt

7 HCS HB 1692 - Overschmidt

8 HB 1488 - Skaggs

9 HB 1850 - O'Toole

HOUSE BILL FOR THIRD READING - CONSENT

HB 2155 - Willoughby

HOUSE BILL FOR THIRD READING - CONSENT - INFORMAL

HB 1872 - Hosmer

SENATE CONCURRENT RESOLUTION FOR SECOND READING

SCR 58

BILL IN CONFERENCE

SCS HCS HB 1115 - Green (73)

HOUSE RESOLUTIONS

1 HR 341, (3-7-02, page 518) - Ladd Baker

2 HR 281, (4-9-02) - Hampton

Missouri House of Representatives