Journal of the House

First Regular Session, 92nd General Assembly

FIFTY-THIRD DAY, Wednesday, April 16, 2003

         Speaker Pro Tem Jetton in the Chair.

         Prayer by Reverend Frank Buchanan II, Peace Tabernacle Church, Joplin, Missouri.

Dear Jesus,

          Good Morning. We offer praise and honor to You, the Creator of the Universe, the One true and living God. Please forgive us of our debts, our failures and our many shortcomings. We confess our lack of wisdom and need of You today.

          I ask that You would bless the United States of America, our troops and the State of Missouri. Please preside over the business being conducted here today. Help each one to think clearly and make decisions based on Your Word. You know the very thoughts and intents of our hearts. Help us to have pure thoughts and motives. Let Your Spirit move at will in this Chamber and speak to those who will listen for Your voice.

          Thank You for this day and for each one gathered here. Thank You for blessing us with Your presence and for helping us find Your perfect will. Also, thank You for blessing our country and protecting us by Your mighty power.

          Bless the LORD, O my soul: and all that is within me, bless Your holy name.

          In Jesus name. 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: Kyle Tuberty, Nicole Tuberty, Sara Brungardt, Pat Cashmore, Kirk Chonis, Katie Friedland, Courtney McLain, Gregory Young, Kayla Ervin, Brooke Hahn, Jennifer Wiebracht, Diana Wuelling, Melissa Miget, Brett Herbst, Kayla Thomason, Franklin Buchanan III, Kyle Bashaw, Kelly Kennedy, Gina Lakenburger, Stanley Ruchalski, Benjamin Hiserote and Taylor Deayon.

         Speaker Hanaway assumed the Chair.

         The Journal of the fifty-second day was approved as corrected by the following vote:

            The East Carter County High School Redbirds basketball team was introduced by Representative Dethrow.

            The Adrian High School Black Hawk football team was introduced by Representative King, with special recognition of Coach George Bruto as Outstanding Missourian.

            Speaker Pro Tem Jetton resumed the Chair.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1932 - Representative King

House Resolution No. 1933

                        and

House Resolution No. 1934 - Representative Kingery

House Resolution No. 1935 - Representative Richard

House Resolution No. 1936 - Representatives Fraser and Thompson

            House Resolution No. 1937 - Representative Hunter

House Resolution No. 1938 - Representative Guest

House Resolution No. 1939 - Representative Baker

 INTRODUCTION OF HOUSE BILL

         The following House Bill was read the first time and copies ordered printed:

HB 750, introduced by Representatives Donnelly, Spreng, Vogt, Liese, Hoskins, Fraser, Walsh, Daus and Corcoran, et al, relating to senior citizen homestead deferral of taxes.

 SECOND READING OF HOUSE BILLS

         HB 748 and HB 749 were read the second time.

 COMMITTEE REPORT

         Committee on Budget, Chairman Bearden reporting:

         Madam Speaker: Your Committee on Budget, to which was referred HS HCS HBs 679 & 396 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

PERFECTION OF HOUSE BILL

         HCS HB 564, relating to professional registration, was taken up by Representative Behnen.

         Representative Behnen offered HS HCS HB 564.

         Representative Self offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill No. 564, Pages 145 to 162, Sections 343.350 to 343.410, by deleting all of said sections; and

           Further amend said bill, Pages 171 to 174, Sections 343.010 to 343.250, by deleting all of said sections; and

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

         Representative Cooper (120) offered House Amendment No. 1 to House Amendment No. 1.

House Amendment No. 1

to

House Amendment No. 1

AMEND House Amendment No. 1 to House Substitute for House Committee Substitute for House Bill No. 564, by inserting at the end of said amendment the following:

           “Section 1. 1. The speaker of the house of representatives and the president pro tem of the senate shall appoint a joint interim study committee to review the business of auctioneers. The committee shall be comprised of ten members, five from the house of representatives and five from the senate. No more than three members from each body shall be from one major political party. The committee shall study and report to general assembly on the issues of statewide licensing, reciprocal agreements with other states, continuing education for the auctioneer industry, ethical and legal issues related to real property sales, and any other issues deemed appropriate by the committee.

           2. The committee shall report back to the general assembly with any findings and recommendations no later than December 31, 2004.

           3. This section shall expire on January 1, 2005.”; and

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

         Representative Merideth raised a point of order that House Amendment No. 1 to House Amendment No. 1 is not germane to the bill.

         The Chair ruled the point of order not well taken.

         On motion of Representative Cooper (120), House Amendment No. 1 to House Amendment No. 1 was adopted.

         On motion of Representative Self, House Amendment No. 1, as amended, was adopted.

         Representative Ruestman offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill No. 564, Page 1, In the Title, Line 6, by deleting all of said lines and inserting in lieu thereof the following:

           "332.327, 332.341, 334.530, 334.540, 334.550, 334.560, 334.655, 334.660, 334.665, 334.670, 334.702, 334.704, 334.706,"; and

           Further amend said bill, Page 1, In the Title, Line 18, by deleting the word "one hundred nine" and inserting in lieu thereof the word "one hundred nineteen"; and

           Further amend said bill, Page 1, Section A, Line 27, by deleting all of said lines and inserting in lieu thereof the following:

           "332.327, 332.341, 334.530, 334.540, 334.550, 334.560, 334.655, 334.660, 334.665, 334.670, 334.702, 334.704, 334.706,"; and

           Further amend said bill, Page 2, Section A, Line 7, by deleting the word "one hundred nine" and inserting in lieu thereof the word "one hundred nineteen"; and

           Further amend said bill, Page 2, Section A, Line 17, by deleting all of said lines and inserting in lieu thereof the following:

           "334.426, 334.428, 334.430, 334.530, 334.535, 334.540, 334.550, 334.560, 334.655, 334.660, 334.665, 334.670,334.672, 334.702, 334.704, 334.706,334.708,"; and

           Further amend said bill, Page 96, Section 334.430, Line 1 of said page, by inserting after all of said line the following:

           "334.530. 1. A candidate for license to practice as a physical therapist shall be at least twenty-one years of age. A candidate shall furnish evidence of such person's good moral character and the person's educational qualifications by submitting satisfactory evidence of completion of a program of physical therapy education approved as reputable by the board. A candidate who presents satisfactory evidence of the person's graduation from a school of physical therapy approved as reputable by the American Medical Association or, if graduated before 1936, by the American Physical Therapy Association, or if graduated after 1988, the Commission on Accreditation for Physical Therapy Education or its successor, is deemed to have complied with the educational qualifications of this subsection.

           2. Persons desiring to practice as physical therapists in this state shall appear before the board at such time and place as the board may direct and be examined as to their fitness to engage in such practice. Applications for examination shall be in writing, on a form furnished by the board and shall include evidence satisfactory to the board that the applicant possesses the qualifications set forth in subsection 1 of this section. Each application shall contain a statement that it is made under oath or affirmation and that its representations are true and correct to the best knowledge and belief of the person signing the statement, subject to the penalties of making a false affidavit or declaration. The board shall not issue a permanent license to practice as a physical therapist or allow any person to sit for the Missouri state board examination for physical therapists who has failed three or more times any physical therapist licensing examination administered in one or more states or territories of the United States or the District of Columbia. The board may waive the provisions of this section if:

           (1) The applicant is licensed and has maintained an active clinical practice for the previous three years in another state of the United States, the District of Columbia or Canada and the applicant has achieved a passing score on a licensing examination administered in a state or territory of the United States or District of Columbia and no license issued to the applicant has been disciplined or limited in any state or territory of the United States or the District of Columbia; or

           (2) The applicant has held a provisional license pursuant to section 334.535 for three years and the provisional license has not been disciplined or limited.

If the applicant fails the licensure examination three times, and then obtains a professional degree in physical therapy at a higher level than previously completed, the applicant can sit for the licensure examination three additional times.

           3. The examination of qualified candidates for licenses to practice physical therapy shall include a written examination and shall embrace the subjects taught in reputable programs of physical therapy education, sufficiently strict to test the qualifications of the candidates as practitioners. The examination shall be given by the board at least once each year and shall be administered to all candidates, and the examination given at any particular time shall be the same for all candidates and the same subjects shall be included and the same questions shall be asked. Candidates shall be required to achieve a passing score, as determined by the board, on an examination before being issued a license.

           4. The examination shall embrace, in relation to the human being, the subjects of anatomy, chemistry, kinesiology, pathology, physics, physiology, psychology, physical therapy theory and procedures as related to medicine, surgery and psychiatry, and such other subjects, including medical ethics, as the board deems useful to test the fitness of the candidate to practice physical therapy.

           5. Examination grades or scores shall be preserved by the board subject to public inspection. Examination papers retained by the board shall be subject to public inspection for a period of three years, after which they may be destroyed.

           334.535. 1. The board may issue a provisional license as a physical therapist for any applicant who:

           (1) Has failed three or more times to achieve a passing score on a physical therapist licensing examination administered in one or more states or territories of the United States; and

           (2) Has achieved a passing score on a physical therapist licensing examination administered in one or more states or territories of the United States; and

           (3) Otherwise meets all requirements for permanent licensure as defined in sections 334.500 to 334.620; and

           (4) Submits an application to the board on a form prescribed by the board.

           2. A provisional licensed physical therapist shall, at all times, practice physical therapy under the direction and supervision of a physical therapist licensed in this state. The supervising licensed physical therapist shall be available to the provisional licensed physical therapist at all times either in person or via telecommunications. The board shall determine by rule the scope of practice of the provisional licensed physical therapist and the amount of time and type of supervision of the provisional licensed physical therapist by the supervising licensed physical therapist.

           3. A provisional license shall be renewed annually by submitting an application to the board on a form prescribed by the board.

           4. If a supervising licensed physical therapist is unable to continue supervising a provisional licensed physical therapist, the provisional licensed physical therapist shall cease practicing immediately and the provisional license shall terminate. The board shall adopt by rule procedures for reinstatement of the provisional license if the person obtains a new supervising licensed physical therapist.

           334.540. 1. The board shall issue a license to any physical therapist who is licensed in another jurisdiction and who has had no violations, suspensions or revocations of a license to practice physical therapy in any jurisdiction, provided that, such person is licensed in a jurisdiction whose requirements are substantially equal to, or greater than, the requirements for licensure of physical therapists in Missouri at the time the applicant applies for licensure.

           2. Every applicant for a license pursuant to this section, upon making application and showing the necessary qualifications as provided in subsection 1 of this section, shall be required to pay the same fee as the fee required to be paid by applicants who apply to take the examination before the board. Within the limits provided in this section, the board may negotiate reciprocal compacts with licensing boards of other states for the admission of licensed practitioners from Missouri in other states.

           3. Notwithstanding the provisions of subsections 1 and 2 of this section, the board shall not issue a license to any applicant who has failed three or more times any physical therapist licensing examination administered in one or more states or territories of the United States or the District of Columbia. The board may waive the provisions of this section if:

           (1) The applicant is licensed and has maintained an active clinical practice for the previous three years in another state of the United States, the District of Columbia or Canada and the applicant has achieved a passing score on a licensing examination administered in a state or territory of the United States or District of Columbia and no license issued to the applicant has been disciplined or limited in any state or territory of the United States or the District of Columbia; or

           (2) The applicant has held a provisional license pursuant to section 334.535 for three years and the provisional license has not been disciplined or limited.

If the applicant fails the licensure examination three times, and then obtains a professional degree in physical therapy at a higher level than previously completed, the applicant can sit for the licensure examination three additional times.

           334.550. 1. Upon the applicant paying a temporary license fee, the board shall issue without examination [a] an initial temporary license to practice physical therapy for a period of time not to extend beyond the time when the results of the [next] examination are announced to any person who meets the qualifications of subsection 1 of section 334.530, not to exceed six months; provided that, the applicant has not previously been examined in one or more states or territories of the United States or the District of Columbia. The temporary license may be renewed at the discretion of the board and payment of the temporary license fee.

           2. The board may [once] renew a temporary license [issued] once pursuant to this section if the licensee fails to sit for the next scheduled examination; provided that, the applicant shows good and exceptional cause for failing to sit for the examination. The applicant shall state the good and exceptional cause in writing and shall verify such statement by oath. The board shall define good and exceptional cause by rules and regulations. The duration of the temporary licensure shall be determined by the board.

           3. The board may renew a temporary license not to exceed six months following the first failure of the examination by an applicant if such person submits an amended agreement-to-supervise form which is signed by the applicant's supervising licensed physical therapist. Such renewed temporary licensee shall only engage in the practice of physical therapy under the on-site supervision of a licensed physical therapist. The board shall define by rule the scope of such supervision which shall require stricter supervision than that required for an initial temporary license. The board shall not renew a temporary license following the second failure of the examination by the applicant.

           4. The board may issue an initial temporary license pursuant to this section for a first-time applicant for licensure by examination without presentation of a diploma indicating graduation or final semester transcripts; provided that, all other documentation and fees necessary for an initial temporary license have been submitted to and approved by the board.

            5. The board may issue [a] an initial temporary license to any first-time applicant for licensure by examination if such person submits a diploma indicating graduation and final semester transcripts acceptable to the board, and an agreement- to-supervise form which is signed by the applicant's supervising physical therapist. Such initial temporary licensee may only engage in the practice of physical therapy under the supervision of a licensed physical therapist. The board shall define the scope of such supervision by rules and regulations.

           334.560. 1. The board shall charge each person who applies for examination for a license to practice as a physical therapist an examination fee.

           2. Should the examination results prove unsatisfactory and the board refuse to issue a license as a physical therapist thereon, the applicant failing to pass the examination may reapply and return to any meeting and be examined upon payment of a reexamination fee[; but no temporary license may be issued to such persons]. A renewed temporary license may be issued to such persons pursuant to subsection 3 of section 334.550.

           3. Upon failure for the second time of an applicant for licensure as a physical therapist by examination, the board shall require the applicant to pursue and successfully complete a program of remediation before sitting for the examination for a third time. Such program of remediation shall:

           (1) Be submitted on forms and in a manner approved by the board;

           (2) Be provided by a licensed physical therapist approved by the board prior to the initiation of the program; and

           (3) Have the results of the program documented by the licensed physical therapist, and reviewed and approved by the board following completion of the program.

           4. Upon failure for the third time of an applicant for licensure as a physical therapist by examination, the board shall not permit such applicant to reapply for the examination. Such persons shall not receive a license to practice as a physical therapist in this state, except as otherwise provided in sections 334.530 to 334.540.

           334.655. 1. A candidate for licensure to practice as a physical therapist assistant shall be at least nineteen years of age. A candidate shall furnish evidence of the person's good moral character and of the person's educational qualifications. The educational requirements for licensure as a physical therapist assistant are:

           (1) A certificate of graduation from an accredited high school or its equivalent; and

           (2) Satisfactory evidence of completion of an associate degree program of physical therapy education accredited by the commission on accreditation of physical therapy education.

           2. Persons desiring to practice as a physical therapist assistant in this state shall appear before the board at such time and place as the board may direct and be examined as to the person's fitness to engage in such practice. Applications for examination shall be in writing, on a form furnished by the board and shall include evidence satisfactory to the board that the applicant possesses the qualifications provided in subsection 1 of this section. Each application shall contain a statement that the statement is made under oath of affirmation and that its representations are true and correct to the best knowledge and belief of the person signing the statement, subject to the penalties of making a false affidavit or declaration.

           3. The examination of qualified candidates for licensure to practice as physical therapist assistants shall embrace a written examination and which shall cover the curriculum taught in accredited associate degree programs of physical therapy assistant education. Such examination shall be sufficient to test the qualification of the candidates as practitioners. The examination shall be given by the board at least once each year. The board shall not issue a license to practice as a physical therapist assistant or allow any person to sit for the Missouri state board examination for physical therapist assistants who has failed three or more times any physical therapist licensing examination administered in one or more states or territories of the United States or the District of Columbia. The board may waive the provisions of this section if:

           (1) The applicant is licensed and has maintained an active clinical practice for the previous three years in another state of the United States, the District of Columbia or Canada and the applicant has achieved a passing score on a licensing examination administered in a state or territory of the United States or District of Columbia and no license issued to the applicant has been disciplined or limited in any state or territory of the United States or the District of Columbia; or

           (2) The applicant has held a provisional license pursuant to section 334.535 for three years and the provisional license has not been disciplined or limited.

If the applicant fails the licensure examination three times, and then obtains a professional degree in physical therapy at a higher level than previously completed, the applicant can sit for the licensure examination three additional times. The examination given at any particular time shall be the same for all candidates and the same curriculum shall be included and the same questions shall be asked.

           4. The examination shall include, as related to the human body, the subjects of anatomy, kinesiology, pathology, physiology, psychology, physical therapy theory and procedures as related to medicine and such other subjects, including medical ethics, as the board deems useful to test the fitness of the candidate to practice as a physical therapist assistant.

           5. Examination grades or scores shall be preserved by the board subject to public inspection. Examination papers retained by the board shall be subject to public inspection for a period of three years and thereafter may be destroyed.

           6. The board shall license without examination any legally qualified person who is a resident of this state and who was actively engaged in practice as a physical therapist assistant on August 28, 1993. The board may license such person pursuant to this subsection until ninety days after the effective date of this section.

           7. A candidate to practice as a physical therapist assistant who does not meet the educational qualifications may submit to the board an application for examination if such person can furnish written evidence to the board that the person has been employed in this state for at least three of the last five years under the supervision of a licensed physical therapist and such person possesses the knowledge and training equivalent to that obtained in an accredited school. The board may license such persons pursuant to this subsection until ninety days after rules developed by the state board of healing arts regarding physical therapist assistant licensing become effective.

           334.660. The board shall license without examination legally qualified persons who hold certificates of licensure, registration or certification in any state or territory of the United States or the District of Columbia, who have had no violations, suspensions or revocations of such license, registration or certification, if such persons have passed a written examination to practice as a physical therapist assistant that was substantially equal to the examination requirements of this state and in all other aspects, including education, the requirements for such certificates of licensure, registration or certification were, at the date of issuance, substantially equal to the requirements for licensure in this state. The board shall not issue a license to any applicant who has failed three or more times any physical therapist assistant licensing examination administered in one or more states or territories of the United States or the District of Columbia. The board may waive the provisions of this section if:

           (1) The applicant is licensed and has maintained an active clinical practice for the previous three years in another state of the United States, the District of Columbia or Canada and the applicant has achieved a passing score on a licensing examination administered in a state or territory of the United States or District of Columbia and no license issued to the applicant has been disciplined or limited in any state or territory of the United States or the District of Columbia; or

           (2) The applicant has held a provisional license pursuant to section 334.535 for three years and the provisional license has not been disciplined or limited.

If the applicant fails the licensure examination three times, and then obtains a professional degree in physical therapy at a higher level than previously completed, the applicant can sit for the licensure examination three additional times. Every applicant for a license pursuant to this section, upon making application and providing documentation of the necessary qualifications as provided in this section, shall pay the same fee required of applicants to take the examination before the board. Within the limits of this section, the board may negotiate reciprocal contracts with licensing boards of other states for the admission of licensed practitioners from Missouri in other states.

           334.665. 1. Upon the applicant paying a temporary fee, the board shall issue, without examination, [a] an initial temporary license to practice as a physical therapist assistant for a period of time not to exceed beyond the time when the results of the next examination are announced to any person who meets the qualifications of section 334.655, not to exceed six months; provided that, the applicant has not previously been examined in one or more states or territories of the United States or the District of Columbia. The temporary license may be renewed at the discretion of the board and upon payment of a temporary license fee.

           2. The board may issue an initial temporary license pursuant to this section for a first-time applicant for licensure by examination without presentation of a diploma indicating graduation or final semester transcripts; provided that, all other documentation and fees necessary for an initial temporary license have been submitted to and approved by the board.

           3. The board may issue an initial temporary license to any first-time applicant for licensure by examination if such person submits a diploma indicating graduation and final semester transcripts acceptable to the board, and an agreement-to-supervise form which is signed by the applicant's supervising physical therapist. Such initial temporary licensee may only engage in the practice of physical therapy under the supervision of a licensed physical therapist. The board shall define the scope of such supervision by rules and regulations.

           4. The board may renew a temporary license once pursuant to this section if the licensee fails to sit for the next scheduled examination; provided that, the applicant shows good and exceptional cause for failing to sit for the examination. The applicant shall state the good and exceptional cause in writing and shall verify such statement by oath. The board shall define good and exceptional cause by rules and regulations. The duration of the temporary licensure shall be determined by the board.

           5. The board may renew a temporary license not to exceed six months following the first failure of the examination by an applicant if such person submits an amended agreement-to-supervise form which is signed by the applicant's supervising licensed physical therapist. Such renewed temporary licensee shall only engage in the practice of physical therapy under the on-site supervision of a licensed physical therapist. The board shall define by rule the scope of such supervision which shall require stricter supervision than that required for an initial temporary license. The board shall not renew a temporary license following the second failure of the examination by the applicant.

           334.670. 1. The board shall charge a person, who applies for examination for a license to practice as a physical therapist assistant, an examination fee. If the person does not score a passing grade on the examination, the board may refuse to issue a license. Any applicant who fails to pass the examination may reapply and be reexamined upon payment of a reexamination fee. [No temporary license may be issued to any person who has previously failed the examination in Missouri or any other state or jurisdiction.] A renewed temporary license may be issued to such persons pursuant to the provisions of section 334.655.

           2. Upon failure for the second time of an applicant for licensure as a physical therapist assistant by examination, the board shall require the applicant to pursue and successfully complete a program of remediation before sitting for the examination for a third time. Such program of remediation shall:

           (1) Be submitted on forms and in a manner approved by the board;

           (2) Be provided by a licensed physical therapist approved by the board prior to the initiation of the program; and

           (3) Have the results of the program documented by the licensed physical therapist, and reviewed and approved by the board following completion of the program.

           3. Upon failure for the third time of an applicant for licensure as a physical therapist assistant by examination, the board shall not permit such applicant to reapply for the examination. Such persons shall not receive a license to practice as a physical therapist assistant in this state, except as otherwise provided in section 334.655 or 334.660.

           334.672. 1. The board may issue a provisional license as a physical therapist assistant for any applicant who:

           (1) Has failed three or more times to achieve a passing score on a physical therapist assistant licensing examination administered in one or more states or territories of the United States; and

           (2) Has achieved a passing score on a physical therapist assistant licensing examination administered in one or more states or territories of the United States; and

           (3) Otherwise meets all requirements for permanent licensure as defined in sections 334.500 to 334.620; and

           (4) Submits an application to the board on a form prescribed by the board.

           2. A provisional licensed physical therapist assistant shall, at all times, practice physical therapy under the direction and supervision of a physical therapist licensed in this state. The supervising licensed physical therapist shall be available to the provisional licensed physical therapist assistant at all times either in person or via telecommunications. The board shall determine by rule the scope of practice of the provisional licensed physical therapist assistant and the amount of time and type of supervision of the provisional licensed physical therapist assistant by the supervising licensed physical therapist.

           3. A provisional license shall be renewed annually by submitting an application to the board on a form prescribed by the board.

           4. If a supervising licensed physical therapist is unable to continue supervising a provisional licensed

physical therapist assistant, the provisional licensed physical therapist assistant shall cease practicing immediately and the provisional license shall terminate. The board shall adopt by rule procedures for reinstatement of the provisional license if the person obtains a new supervising licensed physical therapist."; and

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

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

         Representative Wright offered House Amendment No. 3.

         Representative Byrd raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.

         The Chair ruled the point of order well taken.

         Representative Jones offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for House Bill No. 564, Page 1, In the Title, Line 21, by inserting before the period on said line the following:

           "with an emergency clause"; and

           Further amend said bill, Page 15, Section 324.409, Line 4, by inserting after all of said line the following:

           "324.526. 1. Notwithstanding any provision of the law to the contrary, the director of the division of professional registration shall issue a temporary license to practice tattooing, body piercing, or branding under the following requirements:

           (1) The applicant for temporary licensure is entering the state of Missouri for the sole purpose of participating in a state or national convention wherein the applicant will be practicing the profession of tattooing, body piercing, or branding;

           (2) The applicant files a completed application with the division at least two days prior to the start of the convention and tenders a fee of twenty-five dollars; and

           (3) The applicant is otherwise qualified for licensure pursuant to sections 324.520 to 324.526, and the rules and regulations promulgated thereunder.

           2. A temporary license to practice tattooing, body piercing, or branding issued pursuant to this section shall be valid for a period not to exceed fourteen days and shall not be renewable.

           3. Notwithstanding the requirements of sections 620.127 and 620.145, RSMo, an applicant for temporary licensure pursuant to this section shall not be required to provide a Social Security number if the application is submitted by a citizen of a foreign country who has not been issued a Social Security number and who previously has not been licensed by any other state, United States territory, or federal agency."; and

           Further amend said substitute, Page 40, Section 328.075, Lines 12, 13 and 14, by deleting the following “have an educational equivalent to the successful completion of the tenth grade and”; and

           Further amend said substitute, Page 41, Section 328.075, Lines 11 and 12, by deleting the following “, and have an education equivalent to the successful completion of the tenth grade”; and

           Further amend said bill, Page 178, Section B, Line 10, by inserting after all of said line the following:

           "Section C. Because immediate action is necessary to increase and preserve state tourism and convention revenue in light of the current fiscal crisis, the enactment of section 324.526 of section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and the enactment of section 324.526 of section A of this act shall be in full force and effect upon its passage and approval."; and

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

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

         HCS HB 564, with HS, as amended, pending, was laid over.

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

AFTERNOON SESSION

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

         The Speaker appointed the following to act as an Honorary Page for the Day, to serve without compensation: John Sinnett, Jr.

HOUSE CONCURRENT RESOLUTION

         Representative Merideth offered House Concurrent Resolution No. 31.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1940

                        and

House Resolution No. 1941 - Representative Thompson

House Resolution No. 1942 - Representative Kingery

            House Resolution No. 1943 - Representative Carnahan, et al

            House Resolution No. 1944 - Representative Fraser

            House Resolution No. 1945

                        and

            House Resolution No. 1946 - Representative Hunter

            House Resolution No. 1947

                        and

            House Resolution No. 1948 - Representative Taylor

            House Resolution No. 1949 - Representative Guest

PERFECTION OF HOUSE BILLS

            HCS HB 564, with HS, as amended, pending, relating to professional registration, was again taken up by Representative Behnen.

            Representative Shoemyer (9) offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Committee Substitute for House Bill No. 564, Page 75, Section 334.400, Line 24, by deleting the words "health care" and inserting in lieu thereof word "anesthesia"; and

              Further amend said bill, Page 76, Section 334.400, Line 5, by deleting the words "health care services" and inserting in lieu thereof words "the administration of anesthesia"; and

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

            Representative Shoemaker (8) offered House Substitute Amendment No. 1 for House Amendment No. 5.

House Substitute Amendment No. 1

to

House Amendment No. 5

AMEND House Substitute for House Committee Substitute for House Bill No. 564, Page 75, Section 334.400, Lines 7-25, by deleting all of said lines; and

              Further amend said bill by deleting Pages 76 through 95; and

              Further amend said bill, Section 334.430, Page 96, Line 1, by deleting all of said line; and

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

            Representative Shoemaker (8) moved that House Substitute Amendment No. 1 for House Amendment No. 5 be adopted.

            Which motion was defeated.

            Representative Shoemyer (9) moved that House Amendment No. 5 be adopted.

            Which motion was defeated.

            Representative Hunter offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Committee Substitute for House Bill No. 564, Page 78, Section 334.404, Line 6, by inserting after all of said line the following:

              "2. Prior to licensure, applicants shall complete a one-year internship with an accredited acute care facility or acute care unit within an accredited hospital."; and renumber remaining subsections accordingly; and

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

            Representative Goodman raised a point of order that House Amendment No. 6 is dilatory.

            The Chair ruled the point of order not well taken.

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

            Which motion was defeated by the following vote:

         Representative Holand offered House Amendment No. 7.

House Amendment No. 7

AMEND House Substitute for House Committee Substitute for House Bill No. 564, Page 2, Section A, Line 24, by inserting after all of said line the following:

          "209.309. 1. The board may offer provisional certification to interpreters achieving a minimal level of certification established by the board. A provisional certification is limited to one year; during such year the interpreter must be reevaluated and achieve the next higher level of certification. If an evaluation slot is not available during the term of the provisional license, the interpreter may be granted an extension. A holder of a provisional certification may only be granted one extension. A person nominated by a local public school district in Missouri shall be granted a provisional public school certificate when all of the following conditions are met:

          (1) The local school district certifies that it was unable to locate an interpreter certified and licensed pursuant to sections 209.319 to 209.339, and otherwise acceptable to the local school district for employment, to accept the position;

          (2) The local school district certifies that the person has demonstrated the skills necessary for the assignment to the satisfaction of the local school district;

          (3) The local school district certifies that failure to employ the person would, to the best of their knowledge, result in noncompliance with applicable state or federal statutes or regulations; and

          (4) The person nominated certifies that they will begin the application process for the certification and licensure requisite pursuant to sections 209.319 to 209.339 within ninety days.

          2. Provisional public school certificates shall be issued within seventy-two hours of application containing the above certifications, and shall remain valid for eighteen months or until the person obtains the certification and licensure otherwise required by sections 209.319 to 209.339.

          3. Provisional public school certificates may be revoked when the person ends their employment with the school district or if the person commits any of the actions listed in subsections 1 to 5 of section 209.317.

          209.321. 1. No person shall represent himself or herself as an interpreter or engage in the practice of interpreting as defined in section 209.285, except as provided in subsection 6 of this section, in the state of Missouri unless such person is licensed as required by the provisions of sections 209.319 to 209.339.

          2. A person registered, certified or licensed by this state, another state or any recognized national certification agent, acceptable to the committee that allows that person to practice any other occupation or profession in this state, is not considered to be interpreting if he or she is in performance of the occupation or profession for which he or she is registered, certified or licensed. The professions referred to in this subsection include, but are not limited to, physicians, psychologists, nurses, certified public accountants, architects and attorneys.

          3. A licensed interpreter shall limit his or her practice to demonstrated areas of competence as documented by relevant professional education, training, experience and certification. An interpreter not trained in an area shall not practice in that area without obtaining additional relevant professional education, training and experience through an acceptable program as defined by rule by the Missouri commission for the deaf and hard of hearing.

          4. A person is not considered to be interpreting pursuant to the provisions of this section if, in a casual setting and as defined by rule, a person is acting as an interpreter gratuitously or is engaged in interpreting incidental to traveling.

          5. A person is not considered to be interpreting pursuant to the provisions of this section if a person is engaged as a telecommunications operator providing deaf relay service or operator services for the deaf.

          6. A person granted a provisional certificate to interpret in a public school shall not be subject to the regular certification or licensure requirements of sections 209.319 to 209.339.

          209.322. The board shall recognize the following certificates:

          (1) National Registry of Interpreters for the Deaf (NRID) certificates, which include Comprehensive Skills Certificate (CSC), Certificate of Interpreting/Certificate of Transliteration (CI/CT) and Certified Deaf Interpreter (CDI); [and]

          (2) National Association of the Deaf (NAD) certificate levels 3, 4 and 5; and

          (3) A provisional public school certificate."; and

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

         Representative Purgason assumed the Chair.

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

         Representative Johnson (90) offered House Amendment No. 8.

House Amendment No. 8

AMEND House Substitute for House Committee Substitute for House Bill No. 564, by inserting on Page 75, at the end of Line 6, the following section:

          "334.109. 1. A physician licensed pursuant to this chapter may collaborate and share responsibilities with a qualified person practicing independent of the physician and licensed as a health professional under the laws of this state with respect to preoperative and postoperative care for surgical patients, provided the patient agrees to having a portion of his or her preoperative and postoperative surgical care delivered by a health professional who is not the operating surgeon after having been fully informed about and acknowledging in writing all aspects of the arrangement, including but not limited to the respective licensure and qualifications of each provider, the financial arrangements regarding division of fees, who will be responsible for each aspect of care, and the patient's right to accept or decline to participate in the arrangement.

          2. A division of fees between providers sharing surgical care responsibilities must be based solely on the relative value of services provided to the patient which are reasonable and necessary for the patient's care.

          3. A physician licensed pursuant to this chapter or another licensed health professional violates this section if such physician or professional does any of the following:

          (1) Demands to manage preoperative and postoperative care in return for making a surgical referral;

          (2) Threatens to withhold referrals to a surgeon who does not agree to participate in a collaboration arrangement;

          (3) Offers to delegate preoperative or postoperative care to a licensed health professional practicing independent of the surgeon in return for receiving a surgical referral; or

          (4) Initiates a collaboration arrangement with another licensed health professional when the patient otherwise would have been released from further care following surgery."; and

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

         On motion of Representative Johnson (90), House Amendment No. 8 was adopted by the following vote:

         Representative Mayer offered House Amendment No. 9.

House Amendment No. 9

AMEND House Substitute for House Committee Substitute for House Bill No. 564, Page 75, Section 334.400, Line 10, by inserting after the word "Anesthesiology" the words "and who is board certified"; and

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

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

         Which motion was defeated by the following vote:

         Representative Johnson (47) offered House Amendment No. 10.

House Amendment No. 10

AMEND House Substitute for House Committee Substitute for House Bill No. 564, Page 75, Section 334.400, Line 18, by inserting after the word "agency" the following:

           ". The faculty of any anesthesiologist assistant program established in the state of Missouri shall be comprised solely of board certified or board eligible anesthesiologists"; and

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

         On motion of Representative Johnson (47), House Amendment No. 10 was adopted by the following vote:

         Representative Seigfreid offered House Amendment No. 11.

House Amendment No. 11

AMEND House Substitute for House Committee Substitute for House Bill No. 564, Page 77, Section 334.402, Line 24, by inserting at the end of said line the word "or"; and

          Further amend said bill, Page 78, Section 334.402, Line 2, by deleting the figure "; or" and inserting in lieu thereof the figure "."; and

          Further amend said bill, Page 78, Section 334.402, Lines 3 to 6, by deleting all of said lines; and

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

         Representative Seigfreid moved that House Amendment No. 11 be adopted.

         Which motion was defeated by the following vote:

         Representative Holand offered House Amendment No. 12.

House Amendment No. 12

AMEND House Substitute for House Committee Substitute for House Bill No. 564, Page 102, Section 334.717, Line 10, by inserting after all of said line the following:

          "334.735. 1. As used in sections 334.735 to 334.749, the following terms mean:

          (1) "Applicant", any individual who seeks to become licensed as a physician assistant;

          (2) "Certification" or "registration", a process by a certifying entity that grants recognition to applicants meeting predetermined qualifications specified by such certifying entity;

          (3) "Certifying entity", the nongovernmental agency or association which certifies or registers individuals who have completed academic and training requirements;

          (4) "Department", the department of economic development or a designated agency thereof;

          (5) "License", a document issued to an applicant by the department acknowledging that the applicant is entitled to practice as a physician assistant;

          (6) "Physician assistant", a person who has graduated from a physician assistant program accredited by the American Medical Association's Committee on Allied Health Education and Accreditation or by its successor agency, who has passed the certifying examination administered by the National Commission on Certification of Physician Assistants and has active certification by the National Commission on Certification of Physician Assistants who provides health care services delegated by a licensed physician. A person who has been employed as a physician assistant for three years prior to August 28, 1989, who has passed the National Commission on Certification of Physician Assistants examination, and has active certification of the National Commission on Certification of Physician Assistants;

          (7) "Recognition", the formal process of becoming a certifying entity as required by the provisions of sections 334.735 to 334.749;

          (8) "Supervision", [control exercised over a physician assistant working within the same office facility of the supervising physician except a physician assistant may make follow-up patient examinations in hospitals, nursing homes and correctional facilities, each such examination being reviewed, approved and signed by the supervising physician] overseeing the activities of, and accepting responsibility for, the medical services rendered by a physician assistant. The supervising physician shall at all times be immediately available to the physician assistant for consultation, assistance or intervention either personally or via telecommunications. A supervising physician shall be personally present for practice supervision and collaboration a minimum of twenty percent of clinic hours in any clinic location utilizing physicians assistants. The physician assistant shall be limited to practice at locations where the supervising physician is no further than thirty miles by road using the most direct route available, or in any other fashion so distanced as to create an impediment to effective intervention and supervision of patient care or adequate review of services; except that, physician assistants practicing in federally designated health professional shortage areas (HPSA) shall be limited to practice at locations where the supervising physician is no further than fifty miles by road, using the most direct route available. Only those physician assistants with active professional certification and a master's degree in science or health-related field shall be eligible to practice at a location other than where the supervising physician is personally and continuously present. The board shall promulgate rules pursuant to chapter 536, RSMo, for the [proximity of practice between the physician assistant and the supervising physician and] documentation of joint review of the physician assistant activity by the supervising physician and the physician assistant.

          2. The scope of practice of a physician assistant shall consist only of the following services and procedures:

          (1) Taking patient histories;

          (2) Performing physical examinations of a patient;

          (3) Performing or assisting in the performance of routine office laboratory and patient screening procedures;

          (4) Performing routine therapeutic procedures;

          (5) Recording diagnostic impressions and evaluating situations calling for attention of a physician to institute treatment procedures;

          (6) Instructing and counseling patients regarding mental and physical health using procedures reviewed and approved by a licensed physician;

          (7) Assisting the supervising physician in institutional settings, including reviewing of treatment plans, ordering of tests and diagnostic laboratory and radiological services, and ordering of therapies, using procedures reviewed and approved by a licensed physician;

          (8) Assisting in surgery;

          (9) Performing such other tasks not prohibited by law under the supervision of a licensed physician as the [physician's] physician assistant has been trained and is proficient to perform;

          (10) Physician assistants shall not perform abortions.

          3. Physician assistants shall not prescribe nor dispense any drug, medicine, device or therapy independent of consultation with the supervising physician, nor prescribe lenses, prisms or contact lenses for the aid, relief or correction of vision or the measurement of visual power or visual efficiency of the human eye, nor administer or monitor general or regional block anesthesia during diagnostic tests, surgery or obstetric procedures. Prescribing and dispensing of drugs, medications, devices or therapies by a physician assistant shall be pursuant to a physician assistant supervision agreement which is specific to the clinical conditions treated by the supervising physician and the physician assistant shall be subject to the following:

          (1) A physician assistant shall not prescribe controlled substances;

          (2) The types of drugs, medications, devices or therapies prescribed or dispensed by a physician assistant shall be consistent with the scopes of practice of the physician assistant and the supervising physician;

          (3) All prescriptions shall conform with state and federal laws and regulations and shall include the name, address and telephone number of the physician assistant and the supervising physician;

          (4) A physician assistant or advanced practice nurse as defined in section 335.016, RSMo, may request, receive and sign for noncontrolled professional samples and may distribute professional samples to patients;

          (5) A physician assistant shall not prescribe any drugs, medicines, devices or therapies the supervising physician is not qualified or authorized to prescribe; and

          (6) A physician assistant may only dispense starter doses of medication to cover a period of time for seventy-two hours or less.

          4. A physician assistant shall clearly identify himself or herself as a physician assistant and shall not use or permit to be used in the physician assistant's behalf the terms "doctor", "Dr." or "doc" nor hold himself or herself out in any way to be a physician or surgeon. No physician assistant shall practice or attempt to practice without physician supervision or in any location where the supervising physician is not immediately available for consultation, assistance and intervention, except in an emergency situation, nor shall any physician assistant bill a patient independently or directly for any services or procedure by the physician assistant.

          5. The physician assistant shall be a person who is a graduate of a physician assistant program accredited by the American Medical Association's Committee on Allied Health Education and Accreditation or its successor or is certified by a national nongovernmental agency or association, who has passed the National Commission on Certification of Physician Assistants examination and has active certification by the National Commission on Certification of Physician Assistants or its successor. A person who has been employed as a physician assistant for three years prior to August 28, 1989, and has passed the National Commission on Certification of Physician Assistants examination shall be deemed to have met the academic requirements necessary for licensing. All applicants for physician assistant licensure who complete their physician assistant training program after January 1, 2006, must have a master's degree in a health or medical science related field.

          6. For purposes of this section, the licensing of physician assistants shall take place within processes established by the state board of registration for the healing arts through rule and regulation. The board of healing arts is authorized to establish rules pursuant to chapter 536, RSMo, establishing licensing and renewal procedures, supervision, supervision agreements, fees, and addressing such other matters as are necessary to protect the public and discipline the profession. An application for licensing may be denied or the license of a physician assistant may be suspended or revoked by the board in the same manner and for violation of the standards as set forth by section 334.100, or such other standards of conduct set by the board by rule or regulation. Persons licensed pursuant to the provisions of chapter 335, RSMo, shall not be required to be licensed as physician assistants.

          7. "Physician assistant supervision agreement" means a written agreement, jointly agreed upon protocols or standing order between a supervising physician and a physician assistant, which provides for the delegation of health care services from a supervising physician to a physician assistant and the review of such services.

          8. When a physician assistant supervision agreement is utilized to provide health care services for conditions other than acute self-limited or well-defined problems, the supervising physician or other physician designated in the supervision agreement, shall see the patient for evaluation and approve or formulate the plan of treatment for new or significantly changed conditions as soon as practical, but in no case more than two weeks after the patient has been seen by the physician assistant.

          9. At all times the physician is responsible for the oversight of the activities of, and accepts responsibility for, health care services rendered by the physician assistant.

          10. No physician may be designated to serve as supervising physician for more than three full-time equivalent licensed physician assistants. This information shall not apply to physician assistant agreements of hospital employees providing in-patient care services in hospitals as defined in chapter 197, RSMo.

          11. It is the responsibility of the supervising physician to determine and document the completion of at least a one-year period of time during which the licensed physician assistant shall practice with a supervising physician continuously present before practicing in a setting where a supervising physician is not continuously present."; and

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

         Representative Luetkemeyer assumed the Chair.

         Speaker Pro Tem Jetton resumed the Chair.

         Representative Holand moved that House Amendment No. 12 be adopted.

         Which motion was defeated by the following vote:

         Representative Crowell moved the previous question.

         Which motion was adopted by the following vote:

         On motion of Representative Behnen, HS HCS HB 564, as amended, was adopted.

         On motion of Representative Behnen, HS HCS HB 564, as amended, was ordered perfected and printed.

         HCS HB 688, relating to the Life Sciences Research Trust Fund, was taken up by Representative Hanaway.

         Representative Hanaway offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 688, Page 1, Section 196.1100, Line 6, by deleting the number "2006" and inserting in lieu thereof the number "2007"; and

          Further amend said bill, Page 1, Section 196.1100, Line 8, by deleting the words "two-thirds" and inserting in lieu thereof the word "majority"; and

          Further amend said bill, Page 3, Section 196.1106, Line 27, by deleting the phrase "the St. Louis area or Kansas City area" inserting in lieu thereof the word "another"; and

          Further amend said bill, Page 3, Section 196.1106, Lines 32 and 33, by deleting the phrase "St. Louis area, Kansas City area, and Missouri statewide"; and

          Further amend said bill, Page 3, Section 109.1106, Lines 36 to 39, by deleting all of said lines and inserting in lieu thereof the following: "Missouri statewide centers for excellence;"; and

          Further amend said bill, Page 4, Section 196.1109, Line 11, by inserting before the word "nutrition" the following: "plant sciences, including but not limited to"; and

          Further amend said bill, Page 5, Section 196.1109, Line 26, by deleting the phrase "single fiscal year at least" and inserting in lieu thereof the following: "fiscal year eighty percent of the moneys shall be appropriated to build research capacity and"; and

          Further amend said bill, Page 5, Section 196.1112, Line 7, by inserting after the word "excellence" the following: "that meets the requirements set forth in subdivisions (8) and (9) of section 196.1106"; and

          Further amend said bill, Page 5, Section 196.1112, Lines 10 to 15, by deleting all of said lines and inserting in lieu thereof the following: "during such fiscal year. No single institution or organization"; and

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

         HCS HB 688, with House Amendment No. 1, pending, was laid over.

REFERRAL OF HOUSE BILLS - APPROPRIATIONS

         The following House Bills were referred to the Committee indicated:

HB 16 - Budget

HB 17 - Budget

HB 18 - Budget

HB 19 - Budget

HB 20 - Budget

REFERRAL OF HOUSE BILLS

         The following House Bills were referred to the Committee indicated:

HS HCS HB 121 - Budget (Fiscal Note)

HS HCS HBs 404, 324, 403, 344, 426 & 541 - Budget (Fiscal Note)

 COMMITTEE REPORTS

         Committee on Education, Chairman Cunningham (86) reporting:

         Madam Speaker: Your Committee on Education, to which was referred HB 655, begs leave to report it has examined the same and recommends that it Do Pass.

         Committee on Elections, Chairman May reporting:

         Madam Speaker: Your Committee on Elections, to which was referred SB 173, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

         Committee on Local Government, Chairman Johnson (47) reporting:

         Madam Speaker: Your Committee on Local Government, to which was referred HB 293, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment No. 1.

House Committee Amendment No. 1

AMEND House Bill No. 293, Page 1, Section 71.610, Line 5, by deleting the word "five" and inserting in lieu thereof the following: "ten"; and

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

MESSAGES FROM THE SENATE

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS#2 SS SCS SB 2, entitled:

         An act to repeal sections 285.300, 288.036, 288.038, 288.040, 288.050, 288.060, 288.110, 288.128, 288.270, 288.310, and 288.330, RSMo, and to enact in lieu thereof thirteen new sections relating to employees, with an emergency clause and penalty provisions.

         Emergency clause adopted.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SCS SB 5, entitled:

         An act to repeal sections 217.362, 217.541, 217.730, 217.750, 217.760, 478.610, 513.653, 556.061, 557.036, 558.011, 558.016, 558.019, 559.026, 559.115, 559.615, 568.045, 570.030, and 570.040, RSMo, and to enact in lieu thereof twenty new sections relating to various sentencing provisions, with penalty provisions.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 243, entitled:

         An act to amend chapter 37, RSMo, by adding thereto two new sections relating to the creation of the property preservation fund.

         In which the concurrence of the House is respectfully requested.

ADJOURNMENT

         On motion of Representative Crowell, the House adjourned until 10:00 a.m., Thursday, April 17, 2003.

CORRECTIONS TO THE HOUSE JOURNAL

         Correct House Journal, Fifty-second Day, Tuesday, April 15, 2003, Page 1054, Line 19, by deleting the words "it Do Pass", and inserting in lieu thereof the following:

         "the House Committee Substitute Do Pass".

         Page 1049, Lines 18, 19 and 20, by deleting all of said lines.

         Pages 1030 and 1031, roll call, by showing Representatives Kelly (36), Mayer, Parker, Roark, Schneider and Threlkeld voting "aye" rather than "absent with leave".

         Page 1043, roll call, by showing Representative Shoemyer (9) voting "aye" rather than "absent with leave".

AFFIDAVITS

I, State Representative Rex Rector, District 124, hereby state and affirm that my vote as recorded on Page 1031 of the House Journal for Tuesday, April 15, 2003 showing that I voted absent with leave was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted aye. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.

IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 16th day of April 2003.

                                                                                      /s/ Rex Rector

                                                                                           State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )

Subscribed and sworn to before me this 16th day of April in the year 2003.

                                                                                      /s/ Stephen S. Davis

                                                                                           Chief Clerk

___________

I, State Representative Scott T. Rupp, District 13, hereby state and affirm that my vote as recorded on Page 1035 of the House Journal for Tuesday, April 15, 2003 showing that I voted absent with leave was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted aye. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.

IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 16th day of April 2003.

                                                                                      /s/ Scott T. Rupp

                                                                                           State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )

Subscribed and sworn to before me this 16th day of April in the year 2003.

                                                                                      /s/ Stephen S. Davis

                                                                                           Chief Clerk

___________

I, State Representative John Quinn, District 7, hereby state and affirm that my vote as recorded on Pages 1041 and 1042 of the House Journal for Tuesday, April 15, 2003 showing that I voted absent with leave was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted no. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.

IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 16th day of April 2003.

                                                                                      /s/ John Quinn

                                                                                           State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )

Subscribed and sworn to before me this 16th day of April in the year 2003.

                                                                                      /s/ Stephen S. Davis

                                                                                           Chief Clerk

___________

I, State Representative Mark Wright, District 137, hereby state and affirm that my vote as recorded on Page 1045 of the House Journal for Tuesday, April 15, 2003 showing that I voted absent with leave was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted aye. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.

IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 16th day of April 2003.

                                                                                      /s/ Mark Wright

                                                                                           State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )

Subscribed and sworn to before me this 16th day of April in the year 2003.

                                                                                      /s/ Stephen S. Davis

                                                                                           Chief Clerk

___________

COMMITTEE MEETINGS

ADMINISTRATION AND ACCOUNTS

Thursday, April 17, 2003, 8:30 a.m. Hearing Room 3. #2 AMENDED NOTICE

Interim Resolution 1847 and discussion on a survey.

Executive Session may follow.

CRIME PREVENTION AND PUBLIC SAFETY

Thursday, April 17, 2003. Hearing Room 1 upon morning adjournment.

Executive Session to be held on: HB 697

FINANCIAL SERVICES

Thursday, April 17, 2003. Hearing Room 6 upon morning recess.

Possible Executive Session.

Public Hearing to be held on: SB 385, SB 427

HOMELAND SECURITY AND VETERANS AFFAIRS

Tuesday, April 22, 2003, 5:00 p.m. Hearing Room 5.

Executive Session may follow.

Public Hearing to be held on: HB 699

JOINT COMMITTEE ON ADMINISTRATIVE RULES

Thursday, April 24, 2003. Senate Lounge upon adjournment.

4 CSR 220-2.200; 19 CSR 60-50; 300, 400, 410, 420, 430, 450 and 700.

LOCAL GOVERNMENT

Thursday, April 17, 2003, 8:30 a.m. Hearing Room 6.

Executive Session may follow.

Public Hearing to be held on: SB 298

PROFESSIONAL REGISTRATION AND LICENSING

Tuesday, April 22, 2003, 12:00 p.m. Hearing Room 4.

Public Hearing to be held on: HB 615, HB 717

SPECIAL COMMITTEE ON GENERAL LAWS

Thursday, April 17, 2003, 8:00 a.m. Hearing Room 5.

Public Hearing to be held on: SB 556

SUBCOMMITTEE ON LICENSE PLATES AND TABS

Wednesday, April 23, 2003, 8:00 a.m. Hearing Room 6.

Review regular and personalized plates and tab processes.

TAX POLICY

Thursday, April 17, 2003. Hearing Room 7 upon adjournment.

Executive Session will follow.

Public Hearing to be held on: HB 701, HB 726

HOUSE CALENDAR

FIFTY-FOURTH DAY, THURSDAY, APRIL 17, 2003

HOUSE BILL FOR SECOND READING

HB 750

HOUSE BILLS FOR PERFECTION

1          HCS HB 132, 173, 117 & 48 - Wright

2          HCS HB 215, 218, 115 & 83 - Myers

3          HCS HB 190 & 214 - Fares

4          HCS HB 51 - Mayer

5          HCS HB 387 - Pearce

6          HCS HB 109 & 34 - Fares

7          HB 263 - Cooper (120)

8          HB 481 - Crowell

9          HCS HB 468 - Byrd

10        HB 593, HCA 1 - Deeken

11        HCS HB 233 - Holand

12        HCS HB 138 - Crawford

13        HB 471 - Jackson

14        HCS HB 688, HA 1, pending - Hanaway

15        HCS HB 47 - Portwood

16        HCS HB 507 - Hubbard

17        HCS HB 455 - Thompson

18        HB 293, HCA 1 - Johnson (47)

HOUSE BILL FOR PERFECTION - FEDERAL MANDATE

HB 655 - Wilson (130)

HOUSE BILLS FOR THIRD READING

1          HS HCS HB 679 & 396 - Hanaway

2          HS HCS HB 404, 324, 403, 344, 426 & 541, (Budget 4-16-03) - Rector

3          HCS HB 142 - Dempsey

4          HS HCS HB 121, (Budget 4-16-03) - Portwood

5          HS HCS HB 564, E.C. - Behnen

HOUSE BILL FOR THIRD READING - FEDERAL MANDATE

HCS HB 435 - Engler

SENATE BILLS FOR SECOND READING

1          SS#2 SS SCS SB 2

2          SS SCS SB 5

3          SB 243

SENATE BILLS FOR THIRD READING - CONSENT

1          SCS SB 4, HCA 1 - Johnson (47)

2          SB 255 - Engler

3          HCS SB 234, E.C. - Ervin

4          SB 14 - Johnson (47)

5          SCS SB 29 - Parker

6          SB 50 - Seigfreid

7          HCS SB 68 - Wasson

8          HCS SCS SB 130, E.C. - Davis (19)

9          HCS SCS SB 218 - George

10        SB 232 - Behnen

11        SB 235 - Johnson (47)

12        SCS SB 239 - Smith (118)

13        HCS SB 266 - Johnson (47)

14        SB 282 - Brown

15        SB 371 - Cunningham (86)

            (4-10-03)

1          SCS#2 SB 1 - Luetkemeyer

2          SCS SB 237 - Luetkemeyer

3          SB 289, HCA 1 - Dempsey

4          SB 292 -

5          SB 314 - Dempsey

6          SCS SB 466 -

7          SCS SB 478 - Smith (14)

8          SB 540 - Dempsey

            (4-16-03)

1          HCS SCS SB 358 - Brown

2          HCS SCS SB 373 - Luetkemeyer

3          HCS SB 407 - Luetkemeyer

4          HCS SB 394 - Byrd

5          SCS SB 447, HCA 1 - Byrd

6          HCS SCS SB 16 - Ruestman

7          HCS SB 186 - Munzlinger

8          HCS SCS SB 379 - Wright

9          HCS SB 552 - Byrd

10        HCS SB 228 - Sutherland

11        HCS SCS#2 SB 52 - Fares

12        HCS SCS SB 294 - Mayer

13        HCS SB 175 - Cooper (120)

14        HCS SB 590 - Schaaf

15        SB 388 - King

16        SB 426 - Threlkeld

17        SB 330 - Cooper (120)

18        SB 611 - Luetkemeyer

19        SB 506 - Avery

20        SB 511 - Holand

21        SB 357 - Byrd

22        SB 463 - Byrd

23        SB 697 - Ruestman

24        SB 383 - Schneider

25        SCS SB 562 - Jackson

26        SB 577 - Schaaf

27        SB 578 - Schaaf

28        SCS SB 621 - St. Onge

29        SB 327 - Sutherland

30        SB 522 - Bearden

31        SB 293 - Deeken

32        HCS SCS SB 592 - Kingery

33        HCS SB 504 - Wasson

34        HCS SB 370 - Myers

35        HCS SCS SB 295 - Schlottach

36        HCS SCS SB 281 - Brown

37        HCS SB 275 - Johnson (47)

38        HCS SCS SB 212 & 220 - Johnson (47)

39        HCS SCS SB 7 - Smith (118)

40        SB 529 - Wallace

41        SB 534 - Portwood

42        SB 108 - Kelly (144)

43        HCS SCS SB 666 - Bland

44        HCS SB 399 - Mayer

45        HCS SB 136 - Deeken

46        SB 492 - Behnen

47        HCS SCS SB 61 - Luetkemeyer

48        HCS SB 618 - Johnson (61)

49        HCS SB 101 - Byrd

50        HCS SB 401 - Byrd

51        HCS SB 448 - Byrd

52        HCS SB 465 - Byrd

53        HCS SB 469 - Byrd

54        HCS SB 470 - Byrd

55        HCS SB 474 - Byrd

56        SB 468, HCA 1 - Byrd

57        HCS SB 301 - Daus

58        HCS SCS SB 547 - Johnson (47)

59        HCS SB 355 - Harris (110)

60        SB 423, HCA 1 - Wood

61        SB 651 - Townley

62        SB 623 - Mayer

63        SB 63 - Johnson (47)

64        SB 606 - May

65        SB 425 - Mayer

66        SB 467 - Mayer

67        SB 321 - May

68        SB 317 - Selby

69        HCS SB 325 - Shoemaker (8)

70        SB 431 - Threlkeld

71        SB 203 - Byrd

72        SB 214, HCA 1 - Byrd

73        SB 471 - Byrd

74        SB 548 - Byrd

75        SCS SB 202 - Wood

76        SCS#2 SB 224, E.C. - Moore

77        SCS SB 288 - Davis (19)

78        SB 143 - Byrd

79        SCS SB 351 - Johnson (61)

80        SB 457 - Byrd

81        SB 120 - Rector

82        SB 121 - Davis (122)

83        SCS SB 122 - King

84        SCS SB 238, E.C. - Baker

85        SCS SB 513 - Daus

86        SB 376 - Cooper (120)

87        SB 456, E.C. - Bruns

88        SCS SB 269, E.C. - Willoughby

89        SB 537 - Byrd

90        SB 207 - Byrd

91        SB 250, E.C. - Wagner

92        SB 356 - Harris (110)

93        SCS SB 546 - Pearce

SENATE BILLS FOR THIRD READING

1          SCS SB 299 & 40, Part I and Part II of HS, pending - Bearden

2          HCS SCS SB 296 - Sutherland

3          SB 496 - Luetkemeyer

4          HCS SB 173 - May

SENATE BILL FOR THIRD READING - FEDERAL MANDATE

SCS SB 194 & 189, E.C. - St. Onge

HOUSE BILL WITH SENATE AMENDMENTS

SCS HCS HB 221, as amended - Luetkemeyer