Journal of the House

Second Regular Session, 92nd General Assembly

FIFTY-EIGHTH DAY, Tuesday, April 27, 2004

The House met pursuant to adjournment.

            Speaker Hanaway in the Chair.

            Prayer by Reverend Donald W. Lammers.

              Lord our God, this Spring, people up and down the Missouri River are celebrating our blessings, blessings which reach back 200 years to the expedition of Lewis and Clark. We thank You for those blessings in the name of all the people of our State.

              Within these Chambers we have reached the hard work of the last weeks of the 2004 Session of this body. We pray for ourselves.

Lord,

may everything we do

begin with Your inspiration

and continue with Your help,

so that all our prayers and works

may begin in You

and by You be happily ended.

Glory and praise to You,

forever and ever.

Amen.

(Book of Blessings)

            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: Nicholas Fehner, Timothy Nendick, Megan Stanley, Kristin White, Dillon Johnson, Katie Neuman, Kaley Overton, Daniel Sanders, Scott Ginger, Mark Heff, Veronica Merz, Molly Dennis, Allison Clark, Andrei Bautin, Kirsten James, Tommy Kackley and Ashley Marlin.

            The Journal of the fifty-seventh day was approved as printed.

SPECIAL RECOGNITION

            Derick English was introduced by Representative Dixon and recognized as an Outstanding Missouri Student.

            Susan Watkins was introduced by Representatives LeVota and Burnett and recognized as an Outstanding Missourian.

            Teresa Tulipana was introduced by Representative Phillips and recognized as the 2004 Principal of the Year.

            Ms. Tulipana addressed the House.

            The Special Olympics Basketball Team from Union, Missouri, was introduced by Representative Nieves and recognized for winning gold medals and taking top honors in their division during the state competition in Kansas City, Missouri.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 2128

                        through

            House Resolution No. 2132 - Representative Dougherty

            House Resolution No. 2133

                        through

            House Resolution No. 2146 - Representative Black

House Resolution No. 2147 - Representatives Pratt and Dusenberg

House Resolution No. 2148

                        and

House Resolution No. 2149 - Representative Cunningham (145)

            House Resolution No. 2150 - Representative Quinn

            House Resolution No. 2151 - Representative Villa

House Resolution No. 2152 - Representative Sander

House Resolution No. 2153

                        and

House Resolution No. 2154 - Representative Fares

House Resolution No. 2155

                        and

House Resolution No. 2156 - Representative Donnelly

House Resolution No. 2157

                        through

House Resolution No. 2183 - Representative Hobbs

            House Resolution No. 2184 - Representative Crawford

            House Resolution No. 2185

                        through

            House Resolution No. 2187 - Representative Bough

            House Resolution No. 2188 - Representative Smith (14)

            House Resolution No. 2189

                        through

House Resolution No. 2192 - Representative Lager

SECOND READING OF HOUSE BILL

            HB 1751 was read the second time.

COMMITTEE REPORT

            Committee on Budget, Chairman Bearden reporting:

            Madam Speaker: Your Committee on Budget, to which was referred SS SS SCS SB 715 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

APPOINTMENT OF CONFERENCE COMMITTEE

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

SCS HS HCS HB 1002: Representatives Bearden, Lager, Stevenson, Hoskins and Walker.

            Speaker Pro Tem Jetton assumed the Chair.

PERFECTION OF HOUSE BILL

            HB 1339, relating to informed consent for abortions, was taken up by Representative Cunningham (86).

            Representative Cunningham (86) offered HS HB 1339.

            Representative Portwood offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Bill No. 1339, Page 6, Section 188.028, by deleting Lines 14-18 and inserting in lieu thereof the following:

              "188.031. For purposes of section 188.028, the term "next friend" shall not include:

              (1) Another minor child; or

              (2) Any person, party, conservator, or business entity that has a financial interest or potential gain from the minor child's decision to have an abortion; or

              (3) Any person in an individual or representative capacity or any entity that has a financial interest in, or potential gain from, the proposed abortion, and any employee of or volunteer for such person or entity."; and

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

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

            Representative Byrd offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Bill No. 1339, Page 1, Section 188.015, Line 16, by deleting the phrase “As used in this chapter,”; and

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

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

            Representative Riback Wilson (25) offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Bill No. 1339, Page 8, Section 188.250, Line 22, by inserting after all of said line the following:

              "191.715. 1. This section shall be known and may be cited as the "Woman's Right to Know Act".

              2. For purposes of this section, "emergency contraception" means any drug or device approved by the Food and Drug Administration that prevents pregnancy after intercourse.

              3. The division of maternal, child, and family health within the department of health and senior services shall endeavor to raise public awareness by informing hospitals, health care providers, pharmacists, and the community of the existence and availability of emergency contraception. The division shall also endeavor to promote appropriate counseling and referrals for all contraceptive drugs and devices, including emergency contraception, that are approved by the Food and Drug Administration. The division shall develop and distribute information which describes the contraceptive drugs and devices that are available and stresses the availability of emergency contraception, its use and safety, and its effectiveness in preventing pregnancy if taken as soon as possible after intercourse. The information shall stress that emergency contraception is a method of pregnancy prevention that cannot harm or terminate an established pregnancy. The information shall also inform women that pursuant to section 376.1199, RSMo, health insurance plans that cover prescription drugs must also cover contraceptive drugs and devices."; and

              Further amend said bill, Section 188.255, Lines 23-25 on Page 8 and Lines 1-22 on Page 9, by deleting all of said lines; and

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

            Representative Byrd requested a division of the question on House Amendment No. 3.

            HB 1339, with Part I and Part II of House Amendment No. 3, House Amendment No. 3, and HS, as amended, pending, was placed on the Informal Calendar.

            Representative Dempsey assumed the Chair.

            On motion of Representative Crowell, the House recessed until 2:30 p.m.

AFTERNOON SESSION

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

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 2193 - Representative Shoemyer

House Resolution No. 2194 - Representative Hanaway

House Resolution No. 2195

and

House Resolution No. 2196 - Representative Walker

House Resolution No. 2197 - Representatives Walker and Sager

House Resolution No. 2198 - Representative Walker

House Resolution No. 2199

through

House Resolution No. 2201 - Representative Lipke

House Resolution No. 2202 - Representative Bivins

House Resolution No. 2203

and

House Resolution No. 2204 - Representative Wood

House Resolution No. 2205

through

House Resolution No. 2207 - Representative Sager

            House Resolution No. 2208 - Representative Sager, et al

House Resolution No. 2209

through

House Resolution No. 2213 - Representative Mayer

House Resolution No. 2214 - Representative Swinger

House Resolution No. 2215 - Representative Schoemehl

INTRODUCTION OF HOUSE BILLS

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

HB 1752, introduced by Representative Harris (23), relating to enterprise zone designation.

HB 1753, introduced by Representative Sager, relating to scholarships for community college students and graduates.

HB 1754, introduced by Representative Sager, relating to fraudulently stopping payment of an instrument.

PERFECTION OF HOUSE BILL - INFORMAL

            HB 1339, with Part I and Part II of House Amendment No. 3, House Amendment No. 3, and HS, as amended, pending, relating to informed consent for abortions, was again taken up by Representative Cunningham (86).

            The division of the question on House Amendment No. 3 was withdrawn.

            House Amendment No. 3 was withdrawn.

            Representative Muckler offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Bill No. 1339, Pages 8-9, Section 188.255, by striking all of said section from the bill; and

              Further amend the title and enacting clause of said bill accordingly.

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

            Representative Lager assumed the Chair.

            Representative Stevenson offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Bill No. 1339, Page 8, Section 188.250, Line 2, by inserting after the word “person” on said line the following: “individually”.

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

            Representative Page offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Bill No. 1339, Page 8, Section 188.250, Line 6, by inserting after all of said line the following:

              “No person who has committed or knowingly allows to be committed an act of rape or incest against a minor child who subsequently obtains an abortion without consent or judicial decree required by section 188.028 may be awarded damages.”.

            Representative Pratt offered House Amendment No. 1 to House Amendment No. 6.

House Amendment No. 1

to

House Amendment No. 6

AMEND House Amendment No. 6 to House Substitute for House Bill No. 1339, Page 1, Lines 5-6, by deleting the following on said lines:

              “without consent or judicial decree required by section 188.028.”.

            On motion of Representative Pratt, House Amendment No. 1 to House Amendment No. 6 was adopted.

            Representative Abel offered House Substitute Amendment No. 1 for House Amendment No. 6, as amended.

House Substitute Amendment No. 1

for

House Amendment No. 6

AMEND House Substitute for House Bill No. 1339, Page 7, Section 188.250 by deleting said section.

            Representative Abel moved that House Substitute Amendment No. 1 for House Amendment No. 6, as amended, be adopted.

            Which motion was defeated by the following vote:

            Representative Sager offered House Amendment No. 2 to House Amendment No. 6.

            Representative Yates raised a point of order that House Amendment No. 2 to House Amendment No. 6 goes beyond the scope of the underlying amendment.

            Representative Lager requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

            On motion of Representative Page, House Amendment No. 6, as amended, was adopted.

            Representative Wright offered House Amendment No. 7.

            Representative Johnson (90) raised a point of order that House Amendment No. 7 goes beyond the scope of the bill.

            Representative Lager requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

            Representative Muckler offered House Amendment No. 8.

House Amendment No. 8

AMEND House Substitute for House Bill No. 1339, Section 188.080, Page 7, Line 19 of said page, by inserting after all of said line the following:

              “188.180. 1. The attending physician who is to perform or induce an abortion or a referring physician, or other qualified agent of either physician under the physician's supervision to whom the responsibility has been delegated by the physician, including but not limited to a nurse, physician assistant, or social worker, shall provide geographically indexed educational materials prepared pursuant to section 188.185 that are designed to inform the woman of alternatives to abortion agencies and alternatives to abortion services. The physician or the qualified agent of the physician actually providing such materials shall sign, and shall cause the patient to sign after receiving such materials, a written statement certifying that such materials have been delivered to and received by the patient. If the patient chooses to proceed with the abortion, all such executed statements shall be maintained as part of the patient's medical file, subject to the confidentiality laws and rules of this state.

              2. The attending physician shall allow the patient twenty-four hours, prior to performing or inducing the abortion, for the patient to assimilate and consider the information regarding alternatives to abortion and to make a decision whether to proceed with the abortion or to carry her unborn child to term.

              3. The physician shall be civilly liable to the patient and any other person sustaining loss, injury, or damages caused by the failure to comply with the provisions of this section. A court can enter any other appropriate relief, including injunctive relief, in order to prevent violations of this section. A physician who has been found to have violated the provisions of this section, whether or not damages are awarded, or who settles any claim or cause of action based upon the physician's violation of this section, shall be subject to discipline of the physician's license, certificate, or permit to practice medicine.

              188.185. 1. The department shall develop geographically indexed educational materials, including but not limited to brochures and other media, about positive options during pregnancy and alternatives to abortion, including but not limited to the following:

              (1) Alternatives to abortion agencies;

              (2) Alternatives to abortion services and other services available to mothers of newborn children offered either directly by the state or its political subdivisions or by contractors with the state or its political subdivisions, or by private community-based programs, such services that include but are not limited to: prenatal care; medical and mental health care; parenting skills; drug and alcohol testing and treatment; child care; newborn or infant care; housing; utilities; educational services; food, clothing, and supplies relating to pregnancy, newborn care, and parenting; adoption assistance; job training and placement; establishing and promoting responsible paternity; domestic abuse protection; and transportation.

              3. The materials shall include a comprehensive list of the agencies providing such alternatives to abortion services and other services, a description of the services offered by each agency, and the addresses and telephone numbers of each agency. The list shall not include any agency which performs, induces, or refers for abortion or which holds itself out as performing, inducing, or referring for abortions. The following statement shall be prominently placed within such materials: "There are many public and private agencies willing and able to help you to carry your child to term, and to assist you and your child after your child is born, whether you choose to keep your child or place him or her for adoption. The State of Missouri strongly urges you to contact these agencies before making a final decision about abortion. State law requires that your physician or his or her agent give you the opportunity to contact agencies like these before you undergo an abortion."

              4. The department shall publicly solicit alternatives to abortion agencies and other public and private agencies providing alternatives to abortion services to provide information to the commission about the agency and the services rendered by the agency. The commission may utilize already existing lists of agencies providing alternatives to abortion services within the state in preparing the materials required by this section, including information collected pursuant to the adoption awareness law, section 191.975, RSMo.

              5. The materials shall be distributed by the department to family planning clinics, abortion facilities, hospitals where abortions are performed or induced, and physicians who perform or induce abortions; provided, however, that if necessary to preserve the confidentiality of abortion facilities, hospitals where abortions are performed or induced, or physicians who perform or induce abortions, the department shall distribute such materials on behalf of the commission. Such materials shall also be available to the public through the commission's Internet web site.”; and

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

            Representative Muckler moved that House Amendment No. 8 be adopted.

            Which motion was defeated.

            Representative Crowell moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Cunningham (86), HS HB 1339, as amended, was adopted.

            On motion of Representative Cunningham (86), HS HB 1339, as amended, was ordered perfected and printed.

THIRD READING OF SENATE BILL

            SCS SB 1100, relating to administrative rules, was taken up by Representative Hanaway.

            On motion of Representative Hanaway, SCS SB 1100 was truly agreed to and finally passed by the following vote:

            Representative Lager declared the bill passed.

PERFECTION OF HOUSE BILL

            HCS HB 1150, relating to ethics, was taken up by Representative May.

            Representative May offered HS HCS HB 1150.

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

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

            Representative Lager requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

            Representative Wildberger offered House Amendment No. 2.

            Speaker Pro Tem Jetton resumed the Chair.

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

            The Chair ruled the point of order well taken.

            Representative Seigfreid offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bill No. 1150, Section 105.957, Page 24, Line 5, by striking “five thousand” and inserting in lieu thereof “two thousand five hundred”; and

              Further amend said section and page, Lines 6-7, by striking “five thousand” and inserting in lieu thereof “two thousand five hundred”; and

              Further amend said section and page, Line 18, by striking “five thousand” and inserting in lieu thereof “two thousand five hundred”; and

              Further amend said section and page, Line 19, by striking “five thousand” and inserting in lieu thereof “two thousand five hundred”; and

              Further amend said substitute, Section 105.963, Page 40, Line 11, by striking “five thousand” and inserting in lieu thereof “two thousand five hundred”; and

              Further amend said section and page, Line 13, by striking “five thousand” and inserting in lieu thereof “two thousand five hundred”; and

              Further amend said substitute, Section 130.054, Page 91, Line 2, by striking “five thousand” and inserting in lieu thereof “two thousand five hundred”; and

              Further amend said section and page, Lines 3-4, by striking “five thousand” and inserting in lieu thereof “two thousand five hundred”; and

              Further amend said section and page, Line 15, by striking “five thousand” and inserting in lieu thereof “two thousand five hundred”; and

              Further amend said section and page, Line 16, by striking “five thousand” and inserting in lieu thereof “two thousand five hundred”; and

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

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

            Representative Goodman offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for House Bill No. 1150, Page 55, Section 130.011, Line 25 of said page by inserting after said line the following:

              “130.018. 1. Every governor-elect shall form a gubernatorial inaugural committee to receive and accept contributions, monetary and in-kind, to be used solely in support of the governor-elect's inaugural activities. The committee shall be subject to all reporting requirements, penalties, procedures, limitations, and obligations of candidate committees and of candidates for the office of governor as provided in this chapter, and shall be subject to any regulations adopted pursuant to such sections.

              2. No expenditure of public funds shall be made in support of any gubernatorial inaugural activity until the governor-elect has formed a gubernatorial inaugural committee as provided by this section. The expenditure of public funds shall not be subject to the contribution limitation in section 130.032, RSMo.

              3. For a governor-elect not seeking reelection, any funds remaining in the inaugural committee's bank account after all inaugural expenses have been paid shall escheat to the state.

              130.019. 1. The house of representatives and the senate shall form a legislative inaugural committee to receive and accept contributions, monetary and in-kind, to be used solely in support of the legislative inaugural activities. The committee shall be subject to all reporting requirements, penalties, procedures, limitations, and obligations of candidate committees and of candidates for offices in the house of representatives as provided in this chapter, and shall be subject to any regulations adopted pursuant to such sections.

              2. No expenditure of public funds shall be made in support of any legislative inaugural activity until the house of representatives and senate have formed a legislative inaugural committee as provided by this section. The expenditure of public funds shall not be subject to the contribution limitation in section 130.032.

              3. Any funds remaining in the legislative inaugural committee's bank account after all legislative inaugural expenses have been paid shall escheat to the state.”; and

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

            Representative Johnson (90) raised a point of order that House Amendment No. 4 is improperly drafted.

            The Chair ruled the point of order not well taken.

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

            Representative Zweifel offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Committee Substitute for House Bill No. 1150, Section 105.473, Page 4, Line 24, by inserting an opening bracket (“[“) before “c.”; and

              Further amend said section, Page 5, Line 6, by inserting a closing bracket (“]”) after “committees;”; and

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

            Representative Zweifel moved that House Amendment No. 5 be adopted.

            Which motion was defeated.

            Representative Walker offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Committee Substitute for House Bill No. 1150, Page 21, Section 105.473, Line 7, by inserting the following after all of said line:

              “105.479. 1. No person shall perform the functions of an executive lobbyist, judicial lobbyist, or legislative lobbyist, as those terms are defined in section 105.470, within twelve months of leaving a position as a statewide elected official or member of the general assembly.

              2. Any person who knowingly violates this section shall be guilty of illegal lobbying, and shall be subject to a civil penalty in an amount not to exceed ten thousand dollars for each violation. Such civil penalties shall be collected by action filed by the Missouri ethics commission. Any resident of the state or member of the commission may file a civil complaint against any person violating this section.”; and

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

            HCS HB 1150, with House Amendment No. 6, and HS, as amended, pending, was placed on the Informal Calendar.

REFERRAL OF HOUSE CONCURRENT RESOLUTION

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

HCR 37 - Corrections and State Institutions

COMMITTEE REPORTS

            Committee on Administration and Accounts, Chairman Miller reporting:

            Madam Speaker: Your Committee on Administration and Accounts, to which was referred HR 1402, begs leave to report it has examined the same and recommends that it Do Pass. HOUSE RESOLUTION NO. 1402

              WHEREAS, Section 21.155, RSMo, provides that the House of Representatives may, by resolution, continue in employment such number of efficient employees after any adjournment of a regular session or sine die adjournment of the General Assembly as may be necessary for operation of the House; and

              WHEREAS, the House of Representatives will have need for secretarial, administrative, and research, budget, and support staff after the adjournment of the House on May 14, 2004; and

              WHEREAS, employees of the House of Representatives are designated and funded in House Bill No. 1012, including those employees who may be needed for veto, special, or extraordinary sessions of the House:

              NOW, THEREFORE, BE IT RESOLVED that the Missouri House of Representatives, Ninety-second General Assembly, may employ for the period between May 14, 2004, and January 5, 2005, such employees as are necessary to perform the duties of the House, not to exceed that amount authorized pursuant to appropriation. Such employees shall include necessary secretarial, administrative, and research, budget, and support staff personnel appointed by the Speaker whose terms of employment are established by the Committee on Administration and Accounts.

            Committee on Communications, Energy and Technology, Chairman Rector reporting:

            Madam Speaker: Your Committee on Communications, Energy and Technology, to which was referred SCS SB 1250, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Committee on Crime Prevention and Public Safety, Chairman Mayer reporting:

            Madam Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred SCS SB 788, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Madam Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred SS SB 1000, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

            Madam Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred SCS SB 1304, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Committee on Financial Services, Chairman Luetkemeyer reporting:

            Madam Speaker: Your Committee on Financial Services, to which was referred SCS SB 1078, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Madam Speaker: Your Committee on Financial Services, to which was referred SB 1086, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Madam Speaker: Your Committee on Financial Services, to which was referred SCS SB 1235, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Madam Speaker: Your Committee on Financial Services, to which was referred SB 1299, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

            Madam Speaker: Your Committee on Financial Services, to which was referred SB 1320, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Committee on Health Care Policy, Chairman Holand reporting:

            Madam Speaker: Your Committee on Health Care Policy, to which was referred SB 1083, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Committee on Homeland Security and Veterans Affairs, Chairman Jackson reporting:

            Madam Speaker: Your Committee on Homeland Security and Veterans Affairs, to which was referred HB 957, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

            Committee on Job Creation and Economic Development, Chairman Dempsey reporting:

            Madam Speaker: Your Committee on Job Creation and Economic Development, to which was referred SB 1249, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Committee on Judiciary, Chairman Byrd reporting:

            Madam Speaker: Your Committee on Judiciary, to which was referred SCS SB 1195, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Madam Speaker: Your Committee on Judiciary, to which was referred SB 1243, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

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

            Madam Speaker: Your Committee on Local Government, to which was referred SCS SB 952, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Madam Speaker: Your Committee on Local Government, to which was referred SB 1302, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Committee on Professional Registration and Licensing, Chairman Behnen reporting:

            Madam Speaker: Your Committee on Professional Registration and Licensing, to which was referred SB 842, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Committee on Retirement, Chairman Smith (118) reporting:

            Madam Speaker: Your Committee on Retirement, to which was referred SB 1242, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

            Committee on Senior Security, Chairman Portwood reporting:

            Madam Speaker: Your Committee on Senior Security, to which was referred SS SS SCS SB 1371, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

            Special Committee on General Laws, Chairman Wright reporting:

            Madam Speaker: Your Special Committee on General Laws, to which was referred SCS SB 859, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Madam Speaker: Your Special Committee on General Laws, to which was referred SCS SB 1253, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Committee on Tax Policy, Chairman Cooper (120) reporting:

            Madam Speaker: Your Committee on Tax Policy, to which was referred HB 881, begs leave to report it has examined the same and recommends that it Do Pass.

            Madam Speaker: Your Committee on Tax Policy, to which was referred HB 1702, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

            Madam Speaker: Your Committee on Tax Policy, to which was referred SB 1285, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Committee on Transportation and Motor Vehicles, Chairman Crawford reporting:

            Madam Speaker: Your Committee on Transportation and Motor Vehicles, to which was referred SB 870, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

            Madam Speaker: Your Committee on Transportation and Motor Vehicles, to which was referred SB 1259, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

            Committee on Workforce Development and Workplace Safety, Chairman Hunter reporting:

            Madam Speaker: Your Committee on Workforce Development and Workplace Safety, to which was referred SB 966, begs leave to report it has examined the same and recommends that it Do Pass.

MESSAGE FROM THE SENATE

            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SB 1080, as amended, and has taken up and passed HCS SB 1080, as amended.

MESSAGE FROM THE GOVERNOR

April 27, 2004

TO THE CHIEF CLERK OF THE

HOUSE OF REPRESENTATIVES

SECOND REGULAR SESSION

92nd GENERAL ASSEMBLY

STATE OF MISSOURI

Herewith I return to you Conference Committee Substitute for Senate Substitute No. 2 for Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1304 entitled:

AN ACT

To repeal sections 355.176, 408.040, 508.010, 508.040, 508.070, 508.120, 510.263, 516.105, 537.035, 537.067, 538.205, 538.210, 538.220, and 538.225, RSMo, and to enact in lieu thereof sixteen new sections relating to claims for damages and the payment thereof.

              I disapprove of Conference Committee Substitute for Senate Substitute No. 2 for Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1304. As I stated last year in my veto of SB 280, if HB 1304 were signed into law, it would represent a fundamental shift of civil procedural burdens from the tortfeasor to the injured party. While HB 1304 does address some legitimate medical malpractice concerns such as reversing the Scott decision, it fails to sufficiently and fairly balance the interests of injured parties and defendants in all other types of personal injury cases. The majority of its provisions would create inappropriately high barriers for legitimate claims of injury. My reasons for disapproval are as follows:

I. HB 1304 does not include medical liability insurance reform.

I have repeatedly called on the General Assembly to address medical liability insurance reform in a meaningful manner. HB 1304 fails to do that. Real insurance reform would include at a minimum: (a) adoption of the California system, ensuring the public can examine and comment upon large malpractice rate increases and that the state can block them; (b) easing the current hardships that physicians face in obtaining coverage by allowing them to electronically apply for insurance policies with every writer in the state at no cost; and (c) requiring insurers to give physicians and other healthcare providers reasonable notice about rate increases and nonrenewals so that they can make arrangements for alternative coverage.

II. HB 1304 goes far beyond addressing the rising costs of medical liability premiums.

I have stated from the beginning of this debate that I will only consider a bill that is limited to medical malpractice liability reform. The General Assembly presents HB 1304 as a solution to the rising costs of medical malpractice insurance premiums, but its heart and soul are five provisions that would unfairly benefit all tortfeasors, not merely health care providers. The provisions of the bill concerning joint and several liability, collateral source, venue, pre- and post-judgment interest, and punitive damages combine to impose draconian restrictions on the legal rights of legitimate plaintiffs. The principal beneficiaries of these restrictions would not be doctors, but large corporate interests seeking to protect their bottom line at the expense of injured plaintiffs.

To cite but one example of the excesses of this bill, HB 1304 would make Missouri's venue law the most one-sided in the nation. Historically, it has been viewed as the right of the injured party to choose the venue within prescribed rules. Defendants then have the ability to make limited challenges to the site of venue. Under HB 1304, for injuries occurring within the State of Missouri venue would be limited to the judicial circuit where the injury occurred. This choice for venue is extraordinary in that the location of the injury may have no connection to the convenience of either the plaintiff or defendant. For example, a Kirksville resident injured in Joplin would be required to litigate the claim in Joplin, even if the tortfeasor were also a Kirksville resident. To further confuse the issue, venue for out-of-state injuries under this bill would be determined based on residency. By treating in-state and out-of-state injuries differently, the General Assembly has created a substantial constitutional question as to equal protection.

III. HB 1304 would increase lawsuits against health care providers.

The likely result of this bill, if it became law, is perverse: more doctors becoming defendants in more lawsuits. HB 1304 limits recovery of non-economic damages to four hundred thousand dollars, regardless of the number of defendants. While I support limiting non-economic damages, HB 1304 foolishly applies the caps to any other party that is a defendant in a lawsuit brought against a healthcare provider or that is a defendant in any lawsuit that arises out of the rendering of or failure to render healthcare services. This provision clearly encourages corporate defendants to bring third-party lawsuits against health care providers. When a non-medical defendant is sued, it is in the best interest of that defendant, if at all possible, to bring a cross claim against a health care provider. By drawing a healthcare provider into a suit, the limitation caps would apply to the non-health care provider as well. An example of this would be if a semi-tractor trailer were involved in an accident with an auto. If the auto driver is injured and is given medical attention at a nearby hospital, it is in the best interest of the trucking company to claim that at least part of the driver's injuries were caused by negligent health care at the hospital. By drawing the health care provider in the suit through a cross claim, the trucking company can potentially enjoy the cap limitations.

IV. Missouri needs to take more meaningful steps to solve the medical insurance crisis.

The legislature has failed to act on insurance reform or real medical liability reform for over a year, and continues that failure with this bill. My administration has been taking extraordinary steps to help physicians obtain necessary coverage at the most affordable rates available and we will continue to do so.

The Missouri Department of Insurance (MDI) is expediting the licensing of qualified new insurers. Missouri has licensed nine new insurers to write coverage for physicians and surgeons - an unusual influx of insurers into this market, which has serious difficulties attracting investment and expanding nationwide.

Today, ten companies officially report to MDI that they are actively writing new Missouri physicians who apply, up from five in January 2003. Another large hospital chain's "captive" insurer is just beginning to write private doctors who are "on staff" at its facilities, but not directly employed.

MDI has determined that physicians in some specialties cannot obtain coverage without grave difficulties, and state insurance Director Scott Lakin activated the Missouri Medical Malpractice Joint Underwriting Association to begin writing policies. The JUA expects to make that coverage available for any physician in the June 2004 renewal cycle.

I also established a 15-member Commission on Patient Safety, which is to report its recommendations by July 1 on how to reduce the rate of bad outcomes and medical errors in the state.

Finally, much of physicians' consternation about medical malpractice rates involves the squeeze on doctors between rising insurance costs and flat or declining income, particularly because they have agreed to steep insurance company discounts to their services. Many HMOs and other insurers have failed to make timely payments to physicians. I signed into law in 2002 a "prompt pay" law, and MDI began fining violators up to $100,000 each in 2003. Another eight such exams are almost completed. Such fines and ongoing exams have sent a warning signal to other insurers and HMOs that the state will act unless they pay physicians promptly, as required by Missouri law.

While these measures are important, they should not obscure the central fact: this legislature has consistently failed to pass real medical liability reform and meaningful insurance reform. Instead, they have passed a politically-motivated gift to corporate interests that is more likely to harm the health care community than provide any relief.

              For all of the above-stated reasons for disapproval, I am returning Conference Committee Substitute for Senate Substitute No. 2 for Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1304 without my approval.

                                                                                           Respectfully submitted,

                                                                                      /s/ Bob Holden

                                                                                           Governor

ADJOURNMENT

            On motion of Representative Crowell, the House adjourned until 10:00 a.m., Wednesday, April 28, 2004.

COMMITTEE MEETINGS

BUDGET

Wednesday, April 28, 2004, 8:00 a.m. Hearing Room 3.

Fiscal review. Possible Executive session.

Other bills that may be assigned or referred to committee for fiscal review.

CONFERENCE COMMITTEE - APPROPRIATIONS

Wednesday, April 28, 2004, Senate Lounge upon morning adjournment.

CONFERENCE COMMITTEE - APPROPRIATIONS

Wednesday, April 28, 2004, 8:00 p.m. House Lounge.

CONFERENCE COMMITTEE - APPROPRIATIONS

Thursday, April 29, 2004, 8:00 a.m. Senate Lounge.

CONFERENCE COMMITTEE - APPROPRIATIONS

Thursday, April 29, 2004, Senate Lounge upon afternoon adjournment.

EDUCATION

Wednesday, April 28, 2004, Hearing Room 3 upon morning adjournment.

Public hearings to be held on: SCR 37, HB 1698, HR 1547

Executive session will be held on: SCR 37

JOINT COMMITTEE ON CORRECTIONS

Monday, May 3, 2004, 12:00 p.m. Hearing Room 7.

Status of Chillicothe Correctional Center; Report from the Department of Corrections;

Report from Design & Construction on JCCC, Randy Allen; Committee tour schedule.

JOINT COMMITTEE ON PUBLIC EMPLOYEE RETIREMENT

Thursday, April 29, 2004, 8:00 a.m. Hearing Room 7.

2nd Quarter Meeting.

JUDICIARY

Wednesday, April 28, 2004, 12:00 p.m. Hearing Room 1.

Executive session on other bills may occur.

Public hearings to be held on: HB 1689, HB 1743, SB 807

Executive session will be held on: HB 1342, HB 870, SB 883,

SB 1211, SCS SB 799, SCS SB 1240

LOCAL GOVERNMENT

Wednesday, April 28, 2004, House Chamber side gallery upon morning adjournment.

Executive session will be held on: SB 1329

LOCAL GOVERNMENT

Thursday, April 29, 2004, 8:30 a.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 1724, SS SCS SB 1183, SB 1166

SMALL BUSINESS

Wednesday, April 28, 2004, Hearing Room 4 upon morning adjournment.

Executive session may follow.

Public hearing to be held on: HB 1739

SPECIAL COMMITTEE ON URBAN ISSUES

Wednesday, April 28, 2004, House Chamber side gallery upon morning adjournment.

Executive session.

TAX POLICY

Wednesday, April 28, 2004, House Chamber side gallery upon morning adjournment.

Executive session may be held.

Public hearing to be held on: SCS SB 837

TRANSPORTATION AND MOTOR VEHICLES

Wednesday, April 28, 2004, 12:00 p.m. Hearing Room 7.

Public hearings to be held on: HB 1746, SCS SBs 1233, 840 & 1043

Executive session will be held on: HB 1663, HB 1283, HB 1715, HB 1688,

HB 1690, HB 1746, SCS SB 710, SCS SB 1262

HOUSE CALENDAR

FIFTY-NINTH DAY, WEDNESDAY, APRIL 28, 2004

HOUSE BILLS FOR SECOND READING

HB 1752 through HB 1754

HOUSE JOINT RESOLUTION FOR PERFECTION

HCS HJR 28 - Roark (139)

HOUSE BILLS FOR PERFECTION

1          HCS HB 1105, 1062, 1111, 1113 & 1119 - Crawford (117)

2          HCS HB 1380 - Lager (4)

3          HB 1092 - Deeken (114)

4          HCS HB 843, 880 & 1042 - Angst (146)

5          HB 1424 - Stefanick (93)

6          HB 1302 - Lager (4)

7          HCS HB 1085, HA 6 and HS, as amended, pending - Townley (112)

8          HB 1337 - Nieves (98)

9          HCS HB 1243, 1094 & 931 - Mayer (159)

10        HCS HB 1267 - Cooper (120)

11        HB 1408 - Mayer (159)

12        HCS HB 1671 - Hanaway (87)

13        HCS HB 1181 & 1719 - Selby (105)

14        HB 1548 - Crawford (117)

15        HB 881 - Bruns (113)

16        HCS HB 957 - Cunningham (145)

17        HCS HB 1702 - Thompson (72)

HOUSE BILLS FOR PERFECTION - INFORMAL

1          HB 1599, HSA 1 for HA 1, HA 1 and HS, pending - Ervin (35)

2          HCS HB 1150, HA 6 and HS, as amended, pending - May (149)

HOUSE BILLS FOR THIRD READING

1          HCS HB 1099, (Budget 4-21-04) - Reinhart (34)

2          HB 1109 - Crawford (117)

3          HS HB 1339 - Cunningham (86)

HOUSE BILLS FOR THIRD READING - CONSENT

1          HCS HB 1524 - Ransdall (148)

2          HCS HB 1069 - Bivins (97)

SENATE BILLS FOR THIRD READING - CONSENT

1          SCS SB 878 - Rector (124)

2          SCS SB 1331 - Bivins (97)

 (4/26/04)

1          HCS SS SB 732 - Johnson (47)

2          HCS SB 884 - Lager (4)

3          SCS SB 921, E.C. - Byrd (94)

4          SCS SB 1006 - Page (82)

5          SB 1111 - Lager (4)

6          SB 1107 - Schaaf (28)

7          HCS SCS SB 1106, E.C. - Schaaf (28)

8          HCS SCS SB 1093 - Hanaway (87)

9          HCS SCS SB 1091 - Parker (12)

10        SB 1055 - Johnson (47)

11        HCS SB 1012, E.C. - Baker (123)

12        SCS SB 992 - Mayer (159)

13        SCS SB 956 - Wilson (119)

14        SB 951 - Threlkeld (109)

15        HCS SCS SBs 942, 850 & 841, E.C. - Goodman (132)

16        HCS SCS SB 945 and SB 803 and SB 1257, E.C. - Moore (20)

17        SCS SB 901, HCA 1 - Townley (112)

18        SB 899 - Dusenberg (54)

19        HCS SB 824 - Schlottach (111)

20        HCS SCS SB 782 - Johnson (47)

21        HCS SB 769, E.C. - Emery (126)

22        SCS SB 767 - Cunningham (145)

23        SCS SB 757, HCA 1 - Cooper (120)

24        SB 1130 - Deeken (114)

25        SCS SB 1172 - Fares (91)

 (4/28/04)

1          SCS SB 788, E.C. - Goodman (132)

2          SB 842, E.C. - Wood (62)

3          SCS SB 859 - Stefanick (93)

4          SCS SB 952 - Johnson (47)

5          SCS SB 1078 - Luetkemeyer (115)

6          SB 1083 - Schaaf (28)

7          SB 1086 - Pearce (121)

8          SCS SB 1195 - Byrd (94)

9          SCS SB 1235 - Luetkemeyer (115)

10        HCS SB 1242 - Wilson (42)

11        SB 1243 - Byrd (94)

12        SB 1249 - Dempsey (18)

13        SCS SB 1250 - Rector (124)

14        SCS SB 1253 - Wright (137)

15        HCS SB 1259 - Taylor (68)

16        SB 1285 - Cooper (120)

17        HCS SB 1299 - Luetkemeyer (115)

18        SB 1302, E.C. - Morris (138)

19        SCS SB 1304 - Lembke (85)

20        SB 1320 - Luetkemeyer (115)

SENATE BILLS FOR THIRD READING

1          HCS SCS SB 754 - Luetkemeyer (115)

2          HCS SS SCS SB 1099 - Dempsey (18)

3          SB 932 - Wilson (130)

4          HCS SCS SBs 1020, 889 & 869, (Budget 4-19-04) - Goodman (132)

5          SCS SB 1040, HCA 1, E.C. - Townley (112)

6          HCS SCS SBs 1144, 919, & 874, E.C. - Schlottach (111)

7          HCS SCS SB 1160 - Johnson (47)

8          SS SS SCS SB 715 - Johnson (47)

9          HCS SS SCS SB 968 and SCS SB 969, (Budget 4-26-04), E.C. - Baker (123)

10        HCS SCS SB 1038, (Budget 4-26-04) - Luetkemeyer (115)

11        HCS SS SCS SB 1081 - Pratt (55)

12        HCS SCS SB 1365 - Jackson (89)

13        HCS SB 870 - Pearce (121)

14        SB 966 - Mayer (159)

15        HCS SS SB 1000 - Mayer (159)

16        HCS SS SS SCS SB 1371 - Threlkeld (109)

BILLS IN CONFERENCE

1          CCR#2 HCS SB 739, as amended - Myers (160)

2          SCS HS HCS HB 1002, as amended - Bearden (16)

3          SCS HS HCS HB 1003 - Bearden (16)

4          SCS HS HCS HB 1004 - Bearden (16)

5          SCS HS HCS HB 1005, as amended - Bearden (16)

6          SCS HS HCS HB 1006 - Bearden (16)

7          SCS HS HCS HB 1007, as amended - Bearden (16)

8          SCS HS HCS HB 1008 - Bearden (16)

9          SCS HS HCS HB 1009 - Bearden (16)

10        SCS HS HCS HB 1010, as amended - Bearden (16)

11        SCS HS HCS HB 1011, as amended - Bearden (16)

12        SCS HS HCS HB 1012, as amended - Bearden (16)

VETOED HOUSE BILLS

1          HCR 5 - Byrd (94)

2          CCS SS#2 SS SCS HS HCS HB 1304 - Byrd (94)

HOUSE RESOLUTIONS

1          HR 6, (4-22-04, Page 1197) - Schaaf (28)

2          HR 1402, (4-27-04) - Miller (133)