Journal of the House

Second Regular Session, 91st General Assembly

FIFTIETH DAY, Wednesday, April 10, 2002

Speaker Kreider in the Chair.

Prayer by Reverend Rudy Beard.

Gracious God: the beauty of this Missouri morning lifts the heart. Lift the men and women of this House as they seek resolution of issues that are both significant and difficult to resolve. Keep before them the absolute of honesty and protect them from all that is narrow, self-serving or irritable.

O Lord, where they are tired refresh them. Where they are angry calm them. May what they do be so clearly right that it needs no spin. Lift them for the business of this day, and to You be glory and honor. Amen.

The Pledge of Allegiance to the flag was recited.

The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Rylee Scott, Jonathan Gehrin, Brittany Jacobsen, Leslie Lock, Caitlin Benning, Danny Nesler, Ryan Kiecher, Andy Doerr, Natalie Kaiser, Pete Petri, Sammie Stanley, Westin Miller, Lauren Miller, Hoang Phan, Krista Miesner, Anthony Wunderlich, Mary Conner, Joseph Moore, Julia Lee, Jessica Magee and Lindsay Miller.

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

HOUSE RESOLUTION

House Resolution No. 963 was taken up by Representative Naeger and read.

HOUSE RESOLUTION NO. 963

Whereas, it is with special pleasure that the members of the Missouri House of Representatives pause to acknowledge the important role which this state's public schools play in the educational development of countless Missouri youngsters; and

Whereas, Altenburg School District 48 in Altenburg, Missouri, is one of a select group of school districts that was honored during the Distinction in Performance Awards Dinner to be held March 26, 2002, in Cape Girardeau; and

Whereas, Altenburg School District 48 enjoys the honor, glory, and distinction of being among 187 of the state's 524 school districts to earn this prestigious award; and

Whereas, sponsored by the Missouri Department of Elementary and Secondary Education, the Distinction in Performance Award was established to recognize school districts with high or improved performance based upon Annual Performance Report (APR) information; and

Whereas, to qualify for Distinction in Performance, Altenburg School District 48 had to meet eleven of the twelve possible Performance Indicators required for K-12 districts; and

Whereas, in order to receive the Distinction in Performance Award, Altenburg School District 48 also had to meet all MAP Performance Standards; and

Whereas, Altenburg School District 48 continues a proud tradition of excellence by providing quality education under the outstanding leadership of teachers, faculty, and staff, all of whom are to be applauded for their hard work and tremendous dedication in reaching this impressive achievement:

Now, therefore, be it resolved that we, the members of the Missouri House of Representatives, Ninety-first General Assembly, unanimously join in extending our most hearty congratulations and best wishes to Superintendent Richard E. "Rick" Hoffman and to the students, administrators, faculty, and staff within Altenburg School District 48 at this proud moment of well-deserved distinction; 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 Altenburg School District 48 in Altenburg, Missouri.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1186 - Representative Davis

House Resolution No. 1187 - Representative Ostmann, et al

House Resolution No. 1188

and

House Resolution No. 1189 - Representative Smith

House Resolution No. 1190

and

House Resolution No. 1191 - Representative Mayer

House Resolution No. 1192 - Representative Cooper

House Resolution No. 1193

through

House Resolution No. 1195 - Representative Behnen

House Resolution No. 1196 - Representative Froelker

House Resolution No. 1197 - Representative Moore

House Resolution No. 1198 - Representative Abel

SECOND READING OF SENATE CONCURRENT RESOLUTION

SCR 58 was 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 1869, 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.

PERFECTION OF HOUSE BILL

HCS HBs 1654 & 1156, with HS, as amended, pending, relating to the protection of the elderly, was taken up by Representative Hosmer.

Representative Berkowitz offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1654 & 1156, by inserting at the appropriate location the following section:

"198.074. 1. Long term care facilities, adult day care facilities, residential care facilities I and residential care facilities II shall make immunizations for influenza and pneumonia available to residents sixty-five years of age or older, on-site on a yearly basis or upon admission. Written consent for such immunizations shall be given by the resident and his or her physician. The department shall prescribe by rule, the manner by which such facilities shall document compliance with this section, including documenting residents who refuse to be immunized. The department shall not impose a violation on a licensee for not making an immunization available if there is a shortage of that immunization in this state as determined by the director of the department of health and senior services.

2. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2002, shall be invalid and void."; and

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

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

Representative Kelly (27) offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1654 & 1156, by inserting at the appropriate location the following sections:

"Section 2. 1. Any skilled nursing facility licensed pursuant to chapter 198, RSMo, that provides health care and related services which are paid to or reimbursed by the state of Missouri to such facility in a total amount in excess of one hundred thousand dollars in a calendar year shall not use any such state moneys for any purpose not directly related to the provision of health care services.

2. Any skilled nursing facility that makes expenditures not directly related to the provision of health care services shall maintain sufficient records to show that no state moneys are used for such expenditures. The facility shall, upon request, provide such records to the division of medical services within the department of social services. Such records shall be subject to audit by the state of Missouri.

3. Any facility subject to this section shall annually submit certification to the division of medical services that no state moneys will be expended for any purpose not directly related to the provision of health care services. Any facility that does not submit such annual certification shall be subject to a fine of not less than five hundred dollars and fifty dollars a day for each day such certification is not provided to the division.

4. Any skilled nursing facility that fails to maintain or provide the division with the records required in this section when requested by the division shall be subject to a fine of not less than one thousand dollars and one hundred dollars a day for each day such records are not maintained or provided to the division.

5. Any skilled nursing facility that expends state moneys in violation of this section is liable to the state for double the amount of any state moneys expended in violation of this section. For purposes of accounting expenditures, if state moneys and other moneys are commingled, any expenditure made for any purpose not directly related to the provision of health care services shall be allocated between state moneys and other moneys on a pro rata basis.

6. Any person may file a complaint with the division of medical services if such person believes that a skilled nursing facility is expending state moneys in violation of this section. Upon the filing of such complaint, the director of the division shall, within five business days, direct the facility to produce sufficient records and documentation to show that no state moneys have been or are being expended in violation of this section.

7. Any person who knowingly authorizes the use of state moneys for any purpose prohibited by this section shall be liable to the state for double the amount of such expenditures.

8. Nothing in this section shall be construed as prohibiting any individual from filing a cause of action for a violation of this section.

Section 3. 1. A skilled nursing facility subject to the provisions of this section shall not discharge, demote, threaten, or otherwise discriminate against any individual or employee with respect to compensation, terms, conditions, or privileges of employment because such individual or employee, or any person acting at the request of the employee, provided or attempted to provide information to the division of medical services regarding possible violations of section 2 of this act.

2. Any individual, employee, or former employee subject to this section who believes that he or she has been discharged or otherwise discriminated against in violation of this section may file a civil action within three years of the date of such discharge or discrimination.

3. If a court of competent jurisdiction finds by a preponderance of the evidence that a violation of this section has occurred, the court may grant such relief as it may consider appropriate, including but not limited to:

(1) Reinstatement of the employee to the employee's former position;

(2) Compensatory damages, costs, and reasonable attorney fees; and

(3) Other relief to remedy the past discrimination.

4. The protections of this section shall not apply to any individual, employee, or former employee who:

(1) Deliberately causes or participates in the alleged violation of law or rule; or

(2) Knowingly or recklessly provides substantially false information to the division of medical services."; and

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

On motion of Representative Kelly (27), House Amendment No. 4 was adopted.

Representative Clayton offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1654 & 1156, Page 110, Section 198.094, Line 2, by inserting after all of said line the following:

"198.345. Nothing in sections 198.200 to 198.350 shall prohibit a nursing home district from establishing and maintaining senior housing within its corporate limits."; and

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

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

Representative Myers offered House Amendment No. 6.

House Amendment No. 6 was withdrawn.

Representative Barry offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1654 & 1156, by inserting at the appropriate location the following sections:

"198.665. 1. As used in this section, the following terms mean:

(1) "Direct caregiver", a certified nurse assistant (CNA);

(2) "Facility", the same meaning as defined in section 198.006;

(3) "MCLI", Missouri career ladder initiative.

2. On or before July 1, 2003, the department of health and senior services shall, subject to appropriations, establish a program to be known as the "Missouri Career Ladder Initiative". Such program shall provide education, training, and mentoring opportunities for direct caregivers. The program shall consist of the following:

(1) The program shall be available to fifty facilities based upon competitive grants provided by the state;

(2) Facilities may submit an application to participate in the program and applicants will be selected based upon interest of caregivers within a facility and any other criteria established by the department;

(3) The program shall consist of the following three levels of participation, with each level consisting of eight weeks of training with a minimum of four hours of training per week:

(a) Level 1: individualized care;

(b) Level 2: pioneering approaches to quality of life; and

(c) Level 3: leadership and team building approaches;

(4) After each successful completion of a level by a caregiver, the facility shall provide documentation to the department that such caregiver has successfully completed a level of the program. Subject to appropriations, the department shall, on a quarterly basis, provide the following amounts to facilities to give to caregivers who complete each level of the program:

(a) Level 1: seventy-five dollars per quarter;

(b) Level 2: one hundred fifty dollars per quarter; and

(c) Level 3: two hundred fifty dollars per quarter.

3. The department shall provide facilities with the materials and technical assistance needed to provide the education, training, and mentoring for the program. In addition, each facility participating in the program shall, subject to appropriations, receive ten thousand dollars to administer the program in accordance with the guidelines established by the department.

4. Subject to appropriations, a caregiver that completes the program may continue to earn up to an additional one thousand dollars a year if such caregiver participates in a continuing education program developed and approved by the department. In developing such continuing education program, the department shall establish a mentoring program for caregivers who provide leadership, education, and training to newly hired caregivers within the facility.

5. The department may promulgate rules to implement the provisions of this section. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to chapter 536, RSMo.

198.668. 1. Subject to appropriations, the department of health and senior services shall develop a plan to promote the nursing profession for long-term care facilities. Such plan shall implement the following:

(1) Promote the nursing profession through grants and low-interest loans to schools of nursing;

(2) Establish a scholarship and loan repayment program for persons interested in becoming a caregiver in a long-term care facility. Such program should also assist certified nursing assistants to further their education in the long-term care field; and

(3) Establish an internship program for training in long-term specialty care areas.

2. The department may promulgate rules to implement the provisions of this section. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to chapter 536, RSMo."; and

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

Representative Monaco raised a point of order that House Amendment No. 6 is not germane and goes beyond the scope of the bill.

The Chair ruled the point of order not well taken.

House Amendment No. 6 was withdrawn.

Representative Monaco offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1654 & 1156, Page 133, Section 660.030, Line 12 of said page, by striking the words "between attorney and client" on said line and inserting in lieu thereof the words: "the privileges provided by section 491.060(3) and 491.060(4) RSMo.".

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

Representative Luetkemeyer offered House Amendment No. 7.

House Amendment No. 7

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1654 & 1156, Page 65, Section 198.026, Line 22, by adding after said line a new subsection 8 to read as follows:

"8. Any employee of the Missouri department of health and human services before supervising any person performing, conducting or in any way participating in inspections or surveys of facilities must pass all of the required modules of the surveyor minimum qualification test of the United States Centers for Medicare and Medicaid Services.".

Representative Luetkemeyer moved that House Amendment No. 7 be adopted.

Which motion was defeated.

Representative Luetkemeyer offered House Amendment No. 8.

House Amendment No. 8

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

"198.046. If a private-pay skilled nursing facility has a private-pay resident who has resided in the facility for a period in excess of one year prior to becoming eligible for Medicaid reimbursement, the facility may receive Medicaid reimbursement on behalf of such resident without meeting the need in section 197.327, RSMo."; and

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

Representative Hosmer raised a point of order that House Amendment No. 8 goes beyond the scope of the bill.

The Chair ruled the point of order not well taken.

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

Representative Scheve offered House Amendment No. 9.

House Amendment No. 9 was withdrawn.

Representative Crowell offered House Amendment No. 9.

House Amendment No. 9

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1654 & 1156, Page 14, Section 187.028, Lines 18, 19, 22, 23, by in Lines 18 and 19, by deleting the words "except pursuant to lawful subpeona,"; by in Lines 22 and 23, by deleting all words after the word "designee,"; by in Line 3 on Page 15, by deleting all words after the word "designee," and before the word "and"; and

Further amend Page 15, Section 187.028, Lines 8, 9, 10, by in Lines 8, 9, 10 deleting all the words after the word "designee" on Line 8 and before the word "or" on Line 10.

Representative Harlan offered House Substitute Amendment No. 1 for House Amendment No. 9.

House Substitute Amendment No. 1

for

House Amendment No. 9

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1654 & 1156, Page 14, Section 187.028, Line 22, by inserting after "kin" the following: "within the third degree of consanguinity".

Speaker Pro Tem Abel assumed the Chair.

On motion of Representative Harlan, House Substitute Amendment No. 1 for House Amendment No. 9 was adopted.

Representative Berkowitz offered House Amendment No. 10.

House Amendment No. 10

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1654 & 1156, by inserting at the appropriate location a new section to read as follows:

"Section 2. 1. The division of medical services in the department of social services shall promulgate rules to permit a Medicaid reimbursement rate adjustment for participating long-term care facilities that experience a change in ownership. Such rules shall include provisions that:

(1) Permit any participating long-term care facility with a prospective rate to make a written request for an adjustment to its prospective rate due to a change in ownership which occurred within the last four years;

(2) Require such written request to clearly and specifically identify the conditions for which the rate adjustment is sought;

(3) Require that the dollar amount of the requested rate adjustment be supported by complete, accurate and documented records satisfactory to the division of medical services; and

(4) Require the division of medical services to consider a request withdrawn if the division makes a written request for additional information and the facility does not comply within ninety days of such request.

2. A rate adjustment based on a change in ownership shall be permitted if the following conditions are met:

(1) No principal of either the new owner or operating company of the facility was involved in the previous ownership;

(2) The facility must demonstrate that costs have increased as a result of the change of ownership. Increase in costs above the state average as of July 1, 2002, shall not be considered and the provider shall demonstrate that the increase in cost contributed to improved quality of care, life or environment for the residents; and

(3) The facility must demonstrate that current reimbursement is inadequate to meet the cost of providing the improved care, environment, and enhanced quality of life of the resident.

3. The division of medical services shall review on a case-by-case basis any request made by a facility and shall consider improved department of health and senior services surveys, costs prior to and after the change of ownership, licensure applications, as well as any other documentation provided by the facility or requested by the division of medical services. Rate adjustments shall not exceed the calculated pre-resident per-day cost shown on the most recent cost report; except that additional capital components may be considered if the facility can demonstrate that the capital expenditure did in fact enhance the environment for the resident.

4. The rate increase shall be calculated as follows:

(1) The rate adjustment shall be based on either the facility's most recently filed cost report which occurred under the new ownership or on the state average cost, as of July 1, 2002, whichever is lower. The division shall not have the authority to disallow certain cost centers which may be inflated due to the type of ownership or management and may elect to use average state cost in any such disallowed center;

(2) For capitalized costs, a capital component per diem shall be calculated pursuant to 13 CSR 70-10. The rate adjustment shall be the difference between the capital component per diem to the change in ownership and the capital component per diem after the change in ownership."; and

Further amend title and enacting clause accordingly.

On motion of Representative Berkowitz, House Amendment No. 10 was adopted.

Representative Naeger offered House Amendment No. 11.

House Amendment No. 11

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1654 & 1156, Page 67, Section 198.032, Line 21, by placing a "[" before the word inspection on said line; and

Further amend said bill, Section 198.032, Page 67, Line 21 of said page, by placing a "]" after the word "and" on said page; and

Further amend said bill, Section 198.032, Page 68, Line 3 of said page, by inserting before the word "records" on said page the following:

"Inspection reports shall be confidential and privileged and not admissible in any administrative or judicial proceeding for any purpose except as provided in subsection 1 hereof."; and

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

HCS HBs 1654 & 1156, with House Amendment No. 11 and HS, as amended, pending, was laid over.

On motion of Representative Crump, the House recessed until 2:15 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. 1199

and

House Resolution No. 1200 - Representative Ross

House Resolution No. 1201

and

House Resolution No. 1202 - Representative Kelly (27)

House Resolution No. 1203 - Representative Mayer

House Resolution No. 1204 - Representative Thompson

House Resolution No. 1205 - Representative Behnen

House Resolution No. 1206 - Representative Hegeman

House Resolution No. 1207 - Representative Lawson, et al

House Resolution No. 1208 - Representative Hanaway

House Resolution No. 1209 - Representative Kelley (47)

House Resolution No. 1210

and

House Resolution No. 1211 - Representative Crowell

House Resolution No. 1212 - Representative Sanders Brooks

PERFECTION OF HOUSE BILLS

HCS HBs 1654 & 1156, with House Amendment No. 11 and HS, as amended, pending, relating to the protection of the elderly, was again taken up by Representative Hosmer.

Representative Harlan offered House Substitute Amendment No. 1 for House Amendment No. 11.

House Substitute Amendment No. 1

for

House Amendment No. 11

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1654 & 1156, Page 68, Section 198.032, Line 6, by inserting after all of said line the following:

"Unsubstantiated inspection reports, and written reports of investigations of complaints shall not be used by insurance carriers for purposes of insurance underwriting."; and

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

On motion of Representative Harlan, House Substitute Amendment No. 1 for House Amendment No. 11 was adopted.

Representative Kelly (27) offered House Amendment No. 12.

House Amendment No. 12

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

"Section 2. A Joint Committee on Nursing Home Medicaid Reimbursement shall be established for the purpose of reviewing the rate-setting process to make recommendations regarding the equity of Medicaid reimbursement of nursing homes. The committee shall consist of five members of the House appointed by the Speaker of the House and five members of the Senate appointed by the President Pro Tem, with no more than three members of the same party from each chamber."; and

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

On motion of Representative Kelly (27), House Amendment No. 12 was adopted.

Representative Barry offered House Amendment No. 13.

House Amendment No. 13

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

"198.665. 1. As used in this section, the following terms mean:

(1) "Direct caregiver", a certified nurse assistant (CNA);

(2) "Facility", the same meaning as defined in section 198.006;

(3) "MCLI", Missouri career ladder initiative.

2. On or before July 1, 2003, the department of health and senior services shall, subject to appropriations, establish a program to be known as the "Missouri Career Ladder Initiative". Such program shall provide education, training, and mentoring opportunities for direct caregivers. The program shall consist of the following:

(1) The program shall be available to fifty facilities based upon competitive grants provided by the state;

(2) Facilities may submit an application to participate in the program and applicants will be selected based upon interest of caregivers within a facility and any other criteria established by the department;

(3) The program shall consist of the following three levels of participation, with each level consisting of eight weeks of training with a minimum of four hours of training per week:

(a) Level 1: individualized care;

(b) Level 2: pioneering approaches to quality of life; and

(c) Level 3: leadership and team building approaches;

(4) After each successful completion of a level by a caregiver, the facility shall provide documentation to the department that such caregiver has successfully completed a level of the program. Subject to appropriations, the department shall, on a quarterly basis, provide the following amounts to facilities to give to caregivers who complete each level of the program:

(a) Level 1: seventy-five dollars per quarter;

(b) Level 2: one hundred fifty dollars per quarter; and

(c) Level 3: two hundred fifty dollars per quarter.

3. The department shall provide facilities with the materials and technical assistance needed to provide the education, training, and mentoring for the program. In addition, each facility participating in the program shall, subject to appropriations, receive ten thousand dollars to administer the program in accordance with the guidelines established by the department.

4. Subject to appropriations, a caregiver that completes the program may continue to earn up to an additional one thousand dollars a year if such caregiver participates in a continuing education program developed and approved by the department. In developing such continuing education program, the department shall establish a mentoring program for caregivers who provide leadership, education, and training to newly hired caregivers within the facility.

5. The department may promulgate rules to implement the provisions of this section. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to chapter 536, RSMo.

198.668. 1. Subject to appropriations, the department of health and senior services shall develop a plan to promote the nursing profession for long-term care facilities. Such plan shall implement the following:

(1) Promote the nursing profession through grants and low-interest loans to schools of nursing;

(2) Establish a scholarship and loan repayment program for persons interested in becoming a caregiver in a long-term care facility. Such program should also assist certified nursing assistants to further their education in the long-term care field; and

(3) Establish an internship program for training in long-term specialty care areas.

2. The department may promulgate rules to implement the provisions of this section. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to chapter 536, RSMo.

3. As defined in said sections, "subject to appropriations" shall mean that the provisions of sections 198.665 and 198.668 shall not take effect unless funding becomes available from funds appropriated by the General Assembly from the intergovernmental transfer funds. Should the intergovernmental transfer funds lapse said provision of sections 198.665 and 198.668 shall also lapse unless the General Assembly appropriates said funds in advance to cover the programs"; and

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

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

On motion of Representative Hosmer, HS HCS HBs 1654 & 1156, as amended, was adopted.

On motion of Representative Hosmer, HS HCS HBs 1654 & 1156, as amended, was ordered perfected and printed.

HCS HB 1756, relating to HIV testing of sexual offenders, was taken up by Representative Reid.

Representative Reid offered HS HCS HB 1756.

Representative Reid offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill No. 1756, Page 2, Section 191.656, Lines 8 to 20 of said page, by deleting all of said lines and inserting in lieu thereof the following:

"56, RSMo, and pursuant to section 191.657;

(d) Prosecuting attorneys or circuit attorneys as defined in chapter 56, RSMo, to prosecute cases pursuant to section 191.677 or 567.020, RSMo. Prosecuting attorneys or circuit attorneys may obtain from the department of health the contact information and test results of individuals with whom the HIV-infected individual has had sexual intercourse or deviate sexual intercourse. Any prosecuting attorney or circuit attorney who receives information from the department of health and senior services pursuant to the provisions of this section shall use such information only for investigative and prosecutorial purposes and such information shall be considered strictly confidential and shall only be released as authorized by this section;

[(d)] (e) Persons other than public employees who are entrusted"; and

Further amend said bill, Page 3, Section 191.656, Lines 1 to 10, by deleting all of said lines and inserting in lieu thereof the following:

"[(e)] (f) As authorized by subsection 2 of this section;

(g) Victims of any sexual offense defined in chapter 566, RSMo, which includes sexual intercourse or deviate sexual intercourse, as an element of the crime or to a victim of a section 566.135, RSMo, offense, in which the court, for good cause shown, orders the defendant to be tested for HIV, hepatitis B, hepatitis C, syphilis, gonorrhea, or chlamydia, once the charge is filed. Prosecuting attorneys or circuit attorneys, or the department of health and senior services may release information to such victims;"; and

Further amend said bill, Page 4, Section 191.656, Line 14, by deleting all of said line and inserting in lieu thereof the following: "B, hepatitis C, syphilis, gonorrhea, or chlamydia, once the charge is filed;"; and

Further amend said bill, Page 4, Section 191.656, Line 18, by deleting all of said line and inserting in lieu thereof the following: "The department of health and senior services and its"; and

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

Speaker Pro Tem Abel resumed the Chair.

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

Representative Portwood offered House Amendment No. 2.

Representative Reid raised a point of order that House Amendment No. 2 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Clayton offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill No. 1756, Page 8, Section 191.677, Lines 23 through 24, by deleting all of said lines; and

Further amend said bill, Page 9, Section 191.677, Lines 1 through 14, by deleting all of said lines; and

Revise intersectional references accordingly.

HCS HB 1756, with House Amendment No. 2 and HS, as amended, pending, was laid over.

MOTION

Representative Crump suggested the absence of a quorum.

The following roll call indicated a quorum present:

PERFECTION OF HOUSE BILLS

HCS HB 1756, with House Amendment No. 2 and HS, as amended, pending, relating to HIV testing of sexual offenders, was again taken up by Representative Reid.

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

Representative Smith offered House Amendment No. 3.

Representative Reid raised a point of order that House Amendment No. 3 amends previously amended material.

The Chair ruled the point of order well taken.

Representative Portwood offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bill No. 1756, Page 3, Section 191.656, Line 10, by inserting the following:

"Any individual who has tested positive or false positive to HIV, Hepatitis B, Hepatitis C, Syphilis, Gonorrhea, or Chlamydia, may request copies of any and all test results relating to said infections.".

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

On motion of Representative Reid, HS HCS HB 1756, as amended, was adopted.

On motion of Representative Reid, HS HCS HB 1756, as amended, was ordered perfected and printed.

HCS HBs 1502 & 1821, relating to insurance, was taken up by Representative Luetkenhaus.

Representative Luetkenhaus offered HS HCS HBs 1502 & 1821.

Representative Clayton assumed the Chair.

Representative Smith offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1502 & 1821, Page 1, Section 375.918.1(1), Line 15, by inserting after the word "insurance" the following:

"including rate-making that results in surcharges, ineligibility for discounts, placement in a higher-rated tier or placement in a higher-rated company of an insurance group", and by placing a "[" before the word "an" on Line 15, and a closing "]" after the word "action" on Line 17; and

Further amend said bill, Page 2, Section 375.918.1(7), Line 18, by inserting after the word "contract" the following: "and the rate to be charged for coverage under the contract".

Representative Monaco assumed the Chair.

Representative Smith moved that House Amendment No. 1 be adopted.

Which motion was defeated by the following vote:

Representative Smith requested a verification of the roll call on the motion to adopt House Amendment No. 1.

Representative Johnson (90) offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1502 & 1821, Page 3, Section 375.918, Line 3, by inserting an opening bracket "[" before the word "without" and a closing bracket "]" on Line 6 after the word "insurance"; and

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

Representative Johnson (90) offered House Substitute Amendment No. 1 for House Amendment No. 2.

Representative Abel raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 2 violates House Rule 121.

Representative Henderson raised an additional point of order that House Substitute Amendment No. 1 for House Amendment No. 2 is not a true substitute amendment.

Representative Monaco requested a parliamentary ruling.

The Parliamentary Committee ruled the first point of order well taken.

Representative Fraser offered House Substitute Amendment No. 1 for House Amendment No. 2.

House Substitute Amendment No. 1

for

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1502 & 1821, Page 3, Section 375.918, Line 3, by inserting an opening bracket "[" before the "," and inserting a closing bracket "]" on Line 6 after the word "insurance"; and

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

HCS HBs 1502 & 1821, with House Substitute Amendment No. 1 for House Amendment No. 2, House Amendment No. 2 and HS, pending, was laid over.

RE-REFERRAL OF SENATE BILL

The following Senate Bill was re-referred to the Committee indicated:

SB 993 - Local Government and Related Matters

COMMITTEE REPORTS

Committee on Agriculture, Chairman Berkowitz reporting:

Mr. Speaker: Your Committee on Agriculture, to which was referred SCS SB 737, 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 Agriculture, to which was referred SB 865, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Agriculture, to which was referred SCS SB 1071, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Agriculture, to which was referred HB 1936, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Children, Families and Health, Chairman Barry reporting:

Mr. Speaker: Your Committee on Children, Families and Health, to which was referred HB 1216, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Education-Higher, Chairman Williams reporting:

Mr. Speaker: Your Committee on Education-Higher, to which was referred SCS SB 776, 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 Education-Higher, to which was referred SCS SB 947, 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 Education-Higher, to which was referred SCS SB 1212, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

Committee on Elections, Chairman Seigfreid reporting:

Mr. Speaker: Your Committee on Elections, to which was referred SB 962, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

Committee on Insurance, Chairman Luetkenhaus reporting:

Mr. Speaker: Your Committee on Insurance, to which was referred SCS SB 656, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Insurance, to which was referred SCS SB 729, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Judiciary, Chairman Monaco reporting:

Mr. Speaker: Your Committee on Judiciary, to which was referred HB 1656, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

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

Mr. Speaker: Your Committee on Miscellaneous Bills & Resolutions, to which was referred HJR 51, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Mr. Speaker: Your Committee on Miscellaneous Bills & Resolutions, to which was referred HCR 16, begs leave to report it has examined the same and recommends that it Do Pass.

HOUSE CONCURRENT RESOLUTION NO. 16

An act by concurrent resolution and pursuant to Title 40, Section 187, United States Code, to request the Joint Committee on the Library of Congress to approve the replacement of a statue in the Statuary Hall of the Capitol of the United States.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

Whereas, 40 U.S.C. Section 187 permits a state to ask the Joint Committee on the Library of Congress for replacement of a statue it provided for display in the National Statuary Hall in the Capitol of the United States after the passage of the required display time period specified in 40 U.S.C. Section 187a; and

Whereas, that request must be made by a resolution adopted by the legislature of the state and approved by the Governor; and

Whereas, in 1895, the Missouri General Assembly authorized placement of statues of Thomas Hart Benton and Francis Preston Blair in Statuary Hall, which statues were placed there in 1899; and

Whereas, Francis Preston Blair was an outstanding Missourian, a member of Congress, a major general in the United States Army during the Civil War, and a candidate for Vice President of the United States; and

Whereas, Harry S Truman was the most important statesman Missouri ever gave the nation, an outstanding county official, United States Senator, Vice President and President of the United States who brought the Second World War to completion, led the free world at the beginning of the Cold War, and stood for fairness and opportunity for all Americans:

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, hereby request approval from the Joint Committee on the Library of Congress to replace the statue of Francis Preston Blair with a statue of Harry S Truman as one of the two statues Missouri is entitled to display in the Statuary Hall of the United States Capitol; and

Be it further resolved that the Missouri General Assembly requests the Statue of Francis Preston Blair be returned to the State of Missouri as permitted under 40 U.S.C. Section 187a(d); and

Be it further resolved that this resolution be sent to the Governor for his approval or rejection; and

Be it further resolved that upon approval by the Governor, the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the Joint Committee on the Library of Congress in care of the chair of the committee and to each member of the Missouri Congressional delegation.

Mr. Speaker: Your Committee on Miscellaneous Bills & Resolutions, to which was referred HB 1350, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Miscellaneous Bills & Resolutions, to which was referred HB 1627, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Miscellaneous Bills & Resolutions, to which was referred HB 1988, begs leave to report it has examined the same and recommends that it Do Pass.

Committee on Motor Vehicle and Traffic Regulations, Chairman O'Connor reporting:

Mr. Speaker: Your Committee on Motor Vehicle and Traffic Regulations, to which was referred HB 1307, begs leave to report it has examined the same and recommends that it Do Pass.

Committee on Municipal Corporations, Chairman Shelton reporting:

Mr. Speaker: Your Committee on Municipal Corporations, to which was referred SB 1124, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Municipal Corporations, to which was referred SCS SB 1132, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Municipal Corporations, to which was referred SB 1217, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Tourism, Recreation and Cultural Affairs, Chairman Overschmidt reporting:

Mr. Speaker: Your Committee on Tourism, Recreation and Cultural Affairs, to which was referred SB 831, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Tourism, Recreation and Cultural Affairs, to which was referred SCS SB 1151, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Tourism, Recreation and Cultural Affairs, to which was referred SCS SB 1210, 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 Tourism, Recreation and Cultural Affairs, to which was referred SB 1243, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Transportation, Chairman Koller reporting:

Mr. Speaker: Your Committee on Transportation, to which was referred HB 1508, begs leave to report it has examined the same and recommends that it Do Pass.

CONFERENCE COMMITTEE REPORT

ON

SENATE COMMITTEE SUBSTITUTE

FOR

HOUSE COMMITTEE SUBSTITUTE

FOR

HOUSE BILL NO. 1115

The Conference Committee appointed on Senate Committee Substitute for House Committee Substitute for House Bill No. 1115 begs leave to report that we, after free and fair discussion of the differences, 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 No. 1115.

2. That the House recede from its position on House Committee Substitute for House Bill No. 1115.

3. That the attached Conference Committee Substitute for House Bill No. 1115, be truly agreed to and finally passed.

FOR THE SENATE: FOR THE HOUSE:

/s/ Sen. John T. Russell /s/ Rep. Timothy P. Green

/s/ Sen. Larry Rohrbach /s/ Rep. Charles "Quincy" Troupe

/s/ Sen. Morris Westfall /s/ Rep. Marsha Campbell

/s/ Sen. Wayne Goode /s/ Rep. Ken Legan

/s/ Sen. Harry Wiggins /s/ Rep. Carl Bearden

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 20.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SCS SBs 969, 673 & 855, entitled:

An act to repeal sections 43.540, 217.690, 556.061, 589.400, 589.410, 589.417 and 632.483, RSMo, relating to sexual offenses, and to enact in lieu thereof thirteen new sections 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.

The following members' presence was noted: Scott and Burton.

ADJOURNMENT

On motion of Representative Foley, the House adjourned until 10:00 a.m., Thursday, April 11, 2002.

CORRECTIONS TO THE HOUSE JOURNAL

Correct House Journal, Forty-ninth Day, Tuesday, April 9, 2002, pages 1006 and 1007, roll call, by showing Representative Carnahan voting "aye" rather than "absent with leave".

Pages 1006 and 1007, roll call, by showing Representatives Moore and Myers voting "no" rather than "absent with leave".

Pages 1009 and 1010, roll call, by showing Representatives Secrest and Wright voting "no" rather than "absent with leave".

Pages 1009 and 1010, roll call, by showing Representative Carnahan voting "aye" rather than "absent with leave".

Pages 1010 and 1011, roll call, by showing Representative Carnahan voting "no" rather than "absent with leave".

Pages 1013 and 1014, roll call, by showing Representatives Barry, Cooper and Hunter voting "aye" rather than "absent with leave".

Pages 1014 and 1015, roll call, by showing Representatives Cunningham and Hunter voting "aye" rather than "absent with leave".

Pages 1015 and 1016, roll call, by showing Representative Purgason voting "aye" rather than "absent with leave".

Pages 1015 and 1016, roll call, by showing Representative Naeger voting "no" rather than "absent with leave".

Pages 1017 and 1018, roll call, by showing Representative Jetton voting "no" rather than "absent with leave".

COMMITTEE MEETINGS

CHILDREN, FAMILIES, AND HEALTH

Thursday, April 11, 2002, 8:00 a.m. Hearing Room 5.

Executive Session to be held on: SB 639, SB 680, SB 695, SB 714, SB 1048, SB 1137, SB 1207, SB 1244, SB 1259

CIVIL AND ADMINISTRATIVE LAW

Thursday, April 11, 2002, 9:00 a.m. Side gallery.

Executive Session to be held on: SB 758, SB 916, SB 932, SB 1247, SB 1258

COMMERCE AND ECONOMIC DEVELOPMENT

Thursday, April 11, 2002. Side gallery upon adjournment.

Executive Session.

CORRECTIONAL & STATE INSTITUTIONS

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

Executive Session.

CRITICAL ISSUES, CONSUMER PROTECTION AND HOUSING

Thursday, April 11, 2002, 9:45 a.m. Member Lounge back of House Chamber.

Executive Session may follow.

Public Hearing to be held on: SB 1106

EDUCATION - ELEMENTARY AND SECONDARY

Thursday, April 11, 2002, 9:00 a.m. Hearing Room 3.

Executive Session to be held on: SB 794, SB 859, SB 874, SB 1050

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.

JOINT COMMITTEE ON CORRECTIONS

Tuesday, April 16, 2002, 9:00 a.m. Room 434.

Subcommittee to the Joint Committee on Corrections.

Discuss vocational enterprises.

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

LOCAL GOVERNMENT AND RELATED MATTERS

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

Executive Session.

MOTOR VEHICLE AND TRAFFIC REGULATIONS

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

Executive Session.

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. CANCELLED.

Public Hearing to be held on: SB 993

SOCIAL SERVICES, MEDICAID AND THE ELDERLY

Thursday, April 11, 2002. Side gallery upon adjournment.

Executive Session.

SPECIAL COMMITTEE ON PUBLIC-PRIVATE PARTNERSHIPS

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

Executive Session to be held on: HCR 24

URBAN AFFAIRS

Thursday, April 11, 2002, 9:50 a.m. Side gallery.

Executive Session. Public Hearing to be held on: SB 961, SB 1039

WAYS AND MEANS

Thursday, April 11, 2002, 9:00 a.m. Member Lounge behind House Chamber.

Executive Session.

Public Hearing to be held on: HB 2205

HOUSE CALENDAR

FIFTY-FIRST DAY, THURSDAY, APRIL 11, 2002

HOUSE JOINT RESOLUTIONS FOR PERFECTION

1 HJR 28 - Villa

2 HCS HJR 51 - Whorton

HOUSE BILLS FOR PERFECTION

1 HCS HB 1502 & 1821, HSA 1 for HA 2, HA 2 and HS, pending - Luetkenhaus

2 HCS HB 1735 - Hoppe

3 HB 1058 - Haywood

4 HB 1460 - Hilgemann

5 HCS HB 1509 & 1510 - Curls

6 HCS HB 1143 - Rizzo

7 HCS HB 1888 - Barnitz

8 HCS HB 1962 - Monaco

9 HCS HB 1527 - Graham

10 HCS HB 1809 - Sanders Brooks

11 HB 1726 - Walton

12 HCS HB 1729, 1589 & 1435 - Barnitz

13 HCS HB 1717 - Foley

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

15 HCS HB 1695 - Selby

16 HB 1090 - Reynolds

17 HB 1508 - Koller

18 HCS HB 1936 - Berkowitz

19 HB 1350 - Liese

20 HCS HB 1656 - Wright

21 HCS HB 1216 - Johnson (61)

22 HB 1627 - Kreider

23 HCS HB 1886 - Rizzo

24 HB 1307 - Williams

25 HB 1988 - Kelly (144)

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 RESOLUTION FOR ADOPTION AND THIRD READING

1 HCR 13, (4-9-02, Pages 1024 & 1025) - Bowman

2 HCR 18, (4-9-02, Pages 1022 & 1023) - Wilson (42)

3 HCR 16, (4-10-02) - Farnen

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

10 HB 1869 - Barry

HOUSE BILL FOR THIRD READING - CONSENT

HB 2155 - Willoughby

HOUSE BILL FOR THIRD READING - CONSENT - INFORMAL

HB 1872 - Hosmer

SENATE BILL FOR SECOND READING

SS SCS SB 969, 673 & 855

BILL IN CONFERENCE

CCR SCS HCS HB 1115 - Green (73)

HOUSE RESOLUTIONS

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

2 HR 281, (4-9-02, Pages 1021 & 1022) - Hampton

Missouri House of Representatives