Journal of the House

Second Regular Session, 92nd General Assembly

THIRTY-SIXTH DAY, Wednesday, March 10, 2004

The House met pursuant to adjournment.

            Speaker Hanaway in the Chair.

            Prayer by Reverend James Earl Jackson.

              Heavenly Father, it is written, "Observe people who are good at their work - skilled workers are always in demand and admired; they don't take a back seat to anyone." May we always acknowledge that whatever skills we have obtained, knowledge we have acquired, or recognition we have gained, was given to us by You.

              Give us the endurance and strength to persevere throughout this day and all the way to the end of the session. Everything we need, everything we know, everything we have been shown, prepares us for this moment in time. We are people who are blessed by the abundance of Your hand.

              We receive Your love and grace beyond measure.

              In the name of Your Son we pray. 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: Landon Riley, Isaac Hindman, Elizabeth Hindman, Kathleen Hindman, Stephanie Miller, Sarah Miller, Josef Webster, Brian Booker, Ceara Nash, Alyssia Winston, Cory Douthat, Connor Douthat, Braddy Phillips, Blaise Phillips, Ryan King, Emily King, Hannah Walden and Joshua Walden.

            The Journal of the thirty-fifth day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 982 - Representative Hunter

            House Resolution No. 983 - Representative Yates

            House Resolution No. 984 - Representative Fares

            House Resolution No. 985

                        through

            House Resolution No. 987 - Representative Pratt

HOUSE CONCURRENT RESOLUTION

            Representatives Zweifel and Jones offered House Concurrent Resolution No. 34.

INTRODUCTION OF HOUSE BILLS

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

HB 1651, introduced by Representatives Goodman and Lipke, relating to court procedures.

HB 1652, introduced by Representatives Brown and Salva, relating to solid waste.

HB 1653, introduced by Representatives Brown, Dusenberg and Wilson (119), relating to consolidated public library districts.

HB 1654, introduced by Representatives Smith (14), Page, Meiners, Schaaf and McKenna, relating to insurance coverage for treatment of infertility.

HB 1655, introduced by Representative Johnson (90), relating to tax increment financing.

SECOND READING OF HOUSE BILLS

            HB 1641 through HB 1650 were read the second time.

SECOND READING OF SENATE BILLS

            SCS SB 754, SCS SB 937 and SCS SB 1040 were read the second time.

COMMITTEE REPORT

            Special Committee on General Laws, Chairman Wright reporting:

            Madam Speaker: Your Special Committee on General Laws, to which was referred HB 1566, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

PERFECTION OF HOUSE BILL

            HCS HB 1305, relating to medical malpractice insurance, was taken up by Representative Byrd.

            Representative Harris (23) offered House Amendment No. 1.

            Representative Goodman raised a point of order that House Amendment No. 1 is not germane and goes beyond the scope of the underlying bill.

            The Chair ruled the point of order well taken.

            Representative Willoughby offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1305, Page 7, Section B, Lines 1 through 6, by deleting all of said lines.

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

            Which motion was defeated by the following vote:

            Representative Harris (23) offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 1305, Page 4, Section 383.035, Line 87, by inserting immediately at the end of said line the following:

              “383.225. Any entity issuing a medical malpractice liability policy or self insurance policy issued for medical malpractice liability purposes shall actuarially determine at least annually, the amount of costs savings incurred by the issuers as a result of the enactment of the provisions of section 538.205 to 538.230, RSMo. and shall reduce such insured’s premiums accordingly.”; and

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

            Representative Yates assumed the Chair.

            Representative Harris (23) moved that House Amendment No. 3 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 Byrd, HCS HB 1305 was adopted.

            On motion of Representative Byrd, HCS HB 1305 was ordered perfected and printed by the following vote:

PERFECTION OF HOUSE BILL - APPROPRIATIONS

            HCS HB 1014, relating to appropriations, was taken up by Representative Bearden.

            Representative Bearden offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1014, Page 2, Section 14.040, Line 4, by inserting two new sections to immediately follow said section to read as follows:

“Section 14.043. There is transferred out of the state treasury, chargeable to the General Revenue Fund, amounts from income tax refunds designated by taxpayers for deposit in the Division of Aging and Elderly Home Delivered Meals Trust Fund, Veterans’ Trust Fund, Children’s Trust Fund, Workers Memorial Fund, and Missouri National Guard Trust Fund

From General Revenue Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,000E

Section 14.044. There is transferred out of the state treasury, chargeable to the Workers Memorial Fund, amounts from income tax refunds erroneously deposited to said fund, to the General Revenue Fund

              From Workers Memorial Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $250E";

              and adjust bill totals accordingly.

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

            Representative Threlkeld offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1014, Page 2, Section 14.040, Line 4, by inserting one new section to immediately follow said section to read as follows:

              “Section 14.045. To the Department of Transportation

              For the Rail Program

              For state participation in the joint/federal Amtrak

                            Rail Passenger Service Program

              From General Revenue Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $884,815";

              and adjust bill totals accordingly.

            On motion of Representative Threlkeld, House Amendment No. 2 was adopted by the following vote:

            On motion of Representative Bearden, HCS HB 1014, as amended, was adopted.

            On motion of Representative Bearden, HCS HB 1014, as amended, was ordered perfected and printed.

SUPPLEMENTAL CALENDAR

(March 10, 2004)

HOUSE BILL FOR PERFECTION

HCS HB 1566 - Stefanick

            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 Representative Yates.

            The Speaker appointed the following to act as an Honorary Page for the Day, to serve without compensation: Isabelle Mercedes Herrera.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 988 - Representative Quinn

            House Resolution No. 989 - Representative Dusenberg

            House Resolution No. 990 - Representative Willoughby

            House Resolution No. 991 - Representatives Hubbard and Thompson

            House Resolution No. 992 - Representative Hunter

            House Resolution No. 993

                        and

            House Resolution No. 994 - Representative Lowe

            House Resolution No. 995

through

House Resolution No. 997 - Representative Jones

            House Resolution No. 998 - Representative Moore

INTRODUCTION OF HOUSE BILLS

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

HB 1656, introduced by Representative Jones, relating to supervision of paroled persons.

HB 1657, introduced by Representatives Jones, Young, Sanders Brooks, Fraser, Thompson, Haywood, Hilgemann, Walker, Boykins, Curls, Johnson (61), Wilson (42), Walton, Bishop, Wildberger, Hoskins, Donnelly, Lowe, El-Amin, Zweifel, Riback Wilson (25), Bland, Harris (23), LeVota and Page, relating to emergency contraception.

HB 1658, introduced by Representatives Jones, Daus, Haywood, Hilgemann, Thompson, Villa, Johnson (61), Wilson (42), Hubbard, Carnahan, Hoskins, El-Amin, Boykins, Walton, Curls and Bland, relating to Harris-Stowe State College.

HB 1659, introduced by Representative Jones, relating to special business districts.

HB 1660, introduced by Representative Lager, relating to accident reports.

HB 1661, introduced by Representatives Wilson (130), Jackson, Hobbs, Nieves, Ruestman and Stevenson, relating to school for the deaf.

HB 1662, introduced by Representative Cunningham (86), relating to workers' compensation.

HB 1663, introduced by Representative Sander, relating to special license plates.

HB 1664, introduced by Representatives Hanaway, Wilson (119), Cooper (120), Reinhart, Page, Quinn, Pearce and Yates, relating to business entities.

HB 1665, introduced by Representatives Hanaway, Wilson (119), Cooper (120), Reinhart, Page, Pearce and Yates, relating to securities regulation.

HB 1666, introduced by Representatives Ruestman, Hunter, Stevenson, Viebrock, Wilson (130), Reinhart, Myers, Crowell, Bean, Dempsey, May, Kingery, Wright, St. Onge, Dougherty, Baker, Sander, Nieves, Self, Icet, Dixon, Bivins, Schaaf, Ervin, Schlottach, Munzlinger, Lembke, Threlkeld, Pearce and Cooper (155), relating to special license plates for the American Heart Association.

HB 1667, introduced by Representatives Ruestman, Viebrock, Hunter, Stevenson, Wilson (130), Crowell, Bean, Reinhart, Wright, Myers, Dempsey, Morris, Guest, May, Kingery, Pearce, Emery, Byrd, Wilson (119), St. Onge, Dougherty, Baker, Stefanick, Sander, Nieves, Self, Lager, Quinn, Lipke, Goodman, Icet, Dixon, Bivins, Schaaf, Munzlinger, Mayer, Cooper (155), Ervin, Schlottach, Engler, Bough, Purgason, Sutherland, Dusenberg, Jackson, Hobbs, Rector, Lembke, Threlkeld, Bearden, Portwood, Cooper (120), Townley, Wood, Cunningham (145), King and Smith (118), relating to the designation of a certain highway.

HB 1668, introduced by Representatives Schneider, Dempsey, Kratky, Corcoran, Ervin, Wood, Johnson (47), Dixon, Jackson, Hubbard, Cooper (120), Ruestman, Smith (118), Moore, Deeken, Lager, Smith (14) and Parker, relating to the creation of theater, cultural arts, and entertainment districts.

PERFECTION OF HOUSE BILLS

            HCS HB 852, relating to immunizations, was taken up by Representative Holand.

            Representative Holand offered HS HCS HB 852.

            Representative Harris (23) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill No. 852, Page 1, Section 191.235, Line 11, by deleting the word “eight” and inserting in lieu thereof the word “seven”; and

              Further amend said section, Page 2, Line 9, by deleting the word “an” and inserting in lieu thereof the words “a pending”.

            Representative Harris (23) moved that House Amendment No. 1 be adopted.

            Which motion was defeated.

            On motion of Representative Holand, HS HCS HB 852 was adopted.

            On motion of Representative Holand, HS HCS HB 852 was ordered perfected and printed.

            HCS HB 1215, relating to escape from commitment, was taken up by Representative Engler.

            On motion of Representative Engler, HCS HB 1215 was adopted.

            On motion of Representative Engler, HCS HB 1215 was ordered perfected and printed.

            HB 1183, relating to the county law enforcement restitution fund, was taken up by Representative Mayer.

            Representative Smith (118) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 1183, Page 4, Section 559.021, Line 47, by inserting immediately after said line the following:

              "Section 1. After September 1, 2004, no fund shall be created to be used as a depository for moneys received or collected to fund additional costs and expenses incurred by any county office. Any money received or collected to fund additional costs and expenses incurred by any county office, excluding any moneys collected pursuant to any section in effect before September 1, 2004, shall be deposited in the general revenue fund of the county."; and

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

            On motion of Representative Smith (118), House Amendment No. 1 was adopted.

            On motion of Representative Mayer, HB 1183, as amended, was ordered perfected and printed.

            HCS HB 1290, relating to income tax refund designations, was taken up by Representative Portwood.

            Representative Portwood offered HS HCS HB 1290.

            On motion of Representative Portwood, HS HCS HB 1290 was adopted.

            On motion of Representative Portwood, HS HCS HB 1290 was ordered perfected and printed.

            HCS HB 959, relating to financial services, was taken up by Representative Luetkemeyer.

            Representative Luetkemeyer offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 959, Page 14, Section 408.480, Line 1 of said section, by deleting the word “changes” and by inserting in lieu thereof the word “charges”; and

              Further amend said bill, Page 16, Section 570.223, Lines 1 through 104 of said section, by deleting such section; and

              Further amend said bill, Page 19, Section 570.224, Lines 1 through 9 of said section, by deleting such section; and

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

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

            Representative Stevenson offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 959, Page 16, Section 443.130, Line 2, by deleting said line and by inserting in lieu thereof the following:

              “debt secured pursuant to this chapter, does not, within [fifteen] forty-five [business] days after”; and

              Further amend said section, Line 5 of said section, by deleting Lines 5 and 6 and by inserting in lieu thereof the following:

              “aggrieved] mortgagor for an amount of three hundred dollars a day, but no more than ten percent [upon] of the amount of the"; and

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

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

            Representative Crowell moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Luetkemeyer, HCS HB 959, as amended, was adopted.

            On motion of Representative Luetkemeyer, HCS HB 959, as amended, was ordered perfected and printed.

            HCS HB 1115, relating to the Commonsense Consumption Act, was taken up by Representative Dempsey.

            Representative Dempsey offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1115, Page 2, Section 537.900, Line 19, by inserting after the word “marketer” the following: “, retailer”; and

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

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

            On motion of Representative Dempsey, HCS HB 1115, as amended, was adopted.

            On motion of Representative Dempsey, HCS HB 1115, as amended, was ordered perfected and printed.

            HCS HB 898, relating to a prescription drug repository program, was taken up by Representative Johnson (47).

            Representative Johnson (47) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 898, Page 3, Section 196.979, Line 20, by inserting after the word "fee" the following: ", not to exceed a maximum of two hundred percent of the Medicaid dispensing fee,"; and

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

            On motion of Representative Johnson (47), House Amendment No. 1 was adopted.

            Representative Johnson (47) offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 898, Page 4, Section 196.984, Line 12, by inserting after the word "program" the following:

              ". For purposes of this subdivision, "economic need" means a net family income below three hundred percent of the federal poverty level"; and

              Further amend said bill, Page 4, Section 196.984, Lines 33 to 35, by deleting all of said lines and inserting in lieu thereof the following:

               "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 sections 196.970 to 196.984 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. Sections 196.970 to 196.984 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, 2004, shall be invalid and void."; and

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

            On motion of Representative Johnson (47), House Amendment No. 2 was adopted.

            Representative Pearce offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 898, Page 1, Section 196.973, Line 10, by deleting the word "and"; and

              Further amend said bill, Page 1, Section 196.973, Line 11, by inserting at the end of said line the following:

               "and

              (h) A podiatrist;"; and

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

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

            On motion of Representative Johnson (47), HCS HB 898, as amended, was adopted.

            On motion of Representative Johnson (47), HCS HB 898, as amended, was ordered perfected and printed.

            HCS HB 855, relating to health insurance, was taken up by Representative Holand.

            Representative Holand offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 855, Page 3, Section 376.810, Line 20, by deleting all of said lines and inserting in lieu thereof the following:

              "policy" shall also include [group or individual contract] individually underwritten coverage issued by a health maintenance"; and

              Further amend said bill, Page 6, Section 376.826, Line 1, by deleting the number "376.840" and inserting in lieu thereof the following: "[376.840] 376.836"; and

              Further amend said bill, Page 6, Section 376.826, Line 10, by deleting all of said line and inserting in lieu thereof the following:

              "provide for hospital treatments. The term shall also include any [group or individual contract] individually underwritten coverage"; and

              Further amend said bill, Page 7, Section 376.836, Lines 6 to 10, by deleting all of said lines and inserting in lieu thereof the following:

              "2. [The director shall perform a study to assess the impact of the mental health and substance abuse insurance act on insurers, business interests, providers, and consumers of mental health and substance abuse treatment services. The director shall report the findings of this study to the general assembly by January 1, 2004.] The provisions of sections 376.825 to 376.836 shall not expire on January 1, 2005."; and

              Further amend said bill, Page 8, Section 376.1550, Line 62, by inserting at the end of said line the following:

              "The director shall promulgate rules establishing a procedure and appropriate standards for making such a demonstration. 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, 2004, shall be invalid and void."; and

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

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

            Representative Stevenson offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 855, Pages 1 and 2, Section 376.779, Lines 1 through 37, by removing said section from the bill; and

              Further amend said bill, Page 8, Section 376.1550, Line 30, by adding after the word, “Disorders;” the following, “except treatment for alcoholism and chemical dependency.”; and

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

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

            Which motion was defeated.

            Speaker Hanaway resumed the Chair.

            On motion of Representative Holand, HCS HB 855, as amended, was adopted by the following vote:

            On motion of Representative Holand, HCS HB 855, as amended, was ordered perfected and printed.

            HCS HB 1055, as amended, relating to sexual offenses, was taken up by Representative Bruns.

            Representative Lembke offered House Amendment No. 9.

House Amendment No. 9

AMEND House Committee Substitute for House Bill No. 1055, Page 1, Section 566.140, Line 1, by inserting before all of said line the following:

              "556.037. Notwithstanding the provisions of section 556.036, [to the contrary notwithstanding,] prosecutions for unlawful sexual offenses involving a person eighteen years of age or under must be commenced within [ten] twenty years after the victim reaches the age of eighteen unless the prosecutions are for forcible rape, attempted forcible rape, forcible sodomy, or attempted forcible sodomy in which case such prosecutions may be commenced at any time."; and

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

            On motion of Representative Lembke, House Amendment No. 9 was adopted.

            On motion of Representative Bruns, HCS HB 1055, as amended, was adopted.

            On motion of Representative Bruns, HCS HB 1055, as amended, was ordered perfected and printed.

            HCS HB 1041, as amended, with House Substitute Amendment No. 1 for House Amendment No. 10 and House Amendment No. 10, pending, relating to school personnel, was taken up by Representative Cunningham (86).

            Representative Pratt offered House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 10.

House Amendment No. 1

to

House Substitute Amendment No. 1

for

House Amendment No. 10

AMEND House Substitute Amendment No. 1 to House Amendment No. 10 to House Committee Substitute for House Bill No. 1041, Lines 6 and 7 of Subsection 2 of said amendment by deleting the following on said lines:

              “behavior, whether it be during school hours or during extra-curricular activities.”; and

              Further amend said substitute amendment, Line 6 of Subsection 2 of said amendment, by inserting at the beginning of said line the following: “behavior.”.

            On motion of Representative Pratt, House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 10 was adopted.

            On motion of Representative Willoughby, House Substitute Amendment No. 1 for House Amendment No. 10, as amended, was adopted by the following vote: