First Regular Session, 93rd General Assembly
THIRTY-THIRD DAY, Thursday, March 3, 2005
The House met pursuant to adjournment.
Speaker Pro Tem Bearden in the Chair.
Prayer by Father James M. Smith, Associate Pastor, St. Peter Church.
Blessed are You, Lord, God of all creation.
You have shown great favor to Your servants,
the fathers of our nation and our state,
because they behaved faithfully toward You,
with justice and upright hearts;
and You have continued this great favor toward them,
even today, gathering us together in this house of government.
O Lord, our God, You have made us Your servants,
setting us as stewards
who succeed those who established
this great body.
But we are so limited in judgment,
not knowing fully Your will for us.
We serve You in the midst of the people to whom
You have given such great freedom and responsibility,
a people diverse in culture and thought.
Give to Your servants, therefore,
wisdom and an understanding heart
to lead Your people
and to distinguish right from wrong.
For who is able to lead Your people apart from You?
We offer this prayer to You,
Who lives and reigns
supreme over the nations,
supreme among the peoples,
Forever and ever.
(Adapted from Solomon’s Prayer for Wisdom)
I Kings 3:6-9
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: Harrison Charles Jones, Joe Salmeri, Samantha Everett, Austin Karvis and Kenny Dodson.
The Journal of the thirty-second day was approved as corrected.
HOUSE RESOLUTIONS
Representative Fraser, et al., offered House Resolution No. 870.
Representative Baker (25) offered House Resolution No. 923.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 839
through
House Resolution No. 842 - Representative Lager
House Resolution No. 843 - Representative Denison
House Resolution No. 844 - Representative Lager
House Resolution No. 845 - Representative Jackson
House Resolution No. 846 - Representative Black
House Resolution No. 847 - Representative Roorda
House Resolution No. 848 - Representative Smith (14)
House Resolution No. 849 - Representative Wright (137), et al.
House Resolution No. 850 - Representative Dethrow
House Resolution No. 851 - Representative Robinson
House Resolution No. 852
through
House Resolution No. 854 - Representative Moore
House Resolution No. 855 - Representative Cooper (158)
House Resolution No. 856 - Representative Pratt
House Resolution No. 857 - Representative Cooper (158)
House Resolution No. 858 - Representative Jetton
House Resolution No. 859
and
House Resolution No. 860 - Representative Harris (110)
House Resolution No. 861 - Representative Smith (14)
House Resolution No. 862 - Representative Weter
House Resolution No. 863
through
House Resolution No. 869 - Representative Jetton
House Resolution No. 871 - Representative Salva
House Resolution No. 872 - Representative Hubbard
House Resolution No. 873 - Representative Stevenson
House Resolution No. 874 - Representative Munzlinger
House Resolution No. 875 - Representative Donnelly
House Resolution No. 876 - Representative Cooper (158)
House Resolution No. 877
through
House Resolution No. 888 - Representatives Bivins and Lembke
House Resolution No. 889
through
House Resolution No. 902 - Representative Lembke
House Resolution No. 903
through
House Resolution No. 916 - Representatives Bivins and Schoemehl
House Resolution No. 917 - Representative Lager
House Resolution No. 918 - Representatives Avery and Tilley
House Resolution No. 919 - Representative Kratky
House Resolution No. 920 - Representatives Wagner and Robinson
House Resolution No. 921 - Representative Walsh
House Resolution No. 922 - Representative Flook
House Resolution No. 924 - Representative Johnson (61), et al.
House Resolution No. 925
and
House Resolution No. 926 - Representative Witte
SECOND READING OF HOUSE BILLS
HB 685 through HB 700 were read the second time.
THIRD READING OF HOUSE BILLS - CONSENT
HB 248, relating to motor vehicle time sales, was taken up by Representative Pearce.
On motion of Representative Pearce, HB 248 was read the third time and passed by the following vote:
AYES: 132 |
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Aull |
Avery |
Baker 123 |
Baker 25 |
Barnitz |
Bearden |
Bivins |
Black |
Bland |
Bowman |
Brown 30 |
Brown 50 |
Bruns |
Byrd |
Casey |
Chinn |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Corcoran |
Cunningham 145 |
Cunningham 86 |
Curls |
Davis |
Day |
Dempsey |
Denison |
Dethrow |
Dixon |
Dougherty |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Franz |
Fraser |
George |
Goodman |
Guest |
Harris 110 |
Harris 23 |
Haywood |
Hobbs |
Hoskins |
Hughes |
Hunter |
Icet |
Jackson |
Johnson 47 |
Jones |
Kelly |
Kingery |
Kratky |
Kraus |
Kuessner |
Lager |
LeVota |
Liese |
Lipke |
Loehner |
Lowe 44 |
Marsh |
May |
McGhee |
Meiners |
Moore |
Munzlinger |
Muschany |
Myers |
Nance |
Nieves |
Nolte |
Page |
Parker |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Roorda |
Ruestman |
Rupp |
Salva |
Sander |
Sater |
Schaaf |
Schad |
Schlottach |
Schoemehl |
Selby |
Self |
Shoemyer |
Skaggs |
Smith 118 |
Smith 14 |
Spreng |
Stefanick |
Stevenson |
St. Onge |
Sutherland |
Swinger |
Threlkeld |
Tilley |
Viebrock |
Vogt |
Wagner |
Wallace |
Walsh |
Walton |
Wasson |
Wells |
Weter |
Wildberger |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright-Jones |
Wright 137 |
Wright 159 |
Yates |
Young |
Zweifel |
Mr Speaker |
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NOES: 019 |
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Bringer |
Burnett |
Chappelle-Nadal |
Darrough |
Daus |
Donnelly |
El-Amin |
Henke |
Johnson 90 |
Jolly |
Lampe |
Lembke |
Low 39 |
Robinson |
Rucker |
Storch |
Villa |
Whorton |
Yaeger |
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PRESENT: 004 |
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Boykins |
Brooks |
Johnson 61 |
Oxford |
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ABSENT WITH LEAVE: 007 |
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Bean |
Behnen |
Deeken |
Dusenberg |
Hubbard |
Meadows |
Schneider |
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VACANCIES: 001 |
Speaker Pro Tem Bearden declared the bill passed.
HCS HB 297, relating to school accountability report cards, was taken up by Representative Pearce.
On motion of Representative Pearce, HCS HB 297 was read the third time and passed by the following vote:
AYES: 152 |
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Aull |
Avery |
Baker 123 |
Baker 25 |
Barnitz |
Bearden |
Bivins |
Black |
Bland |
Bowman |
Boykins |
Bringer |
Brooks |
Brown 30 |
Brown 50 |
Bruns |
Burnett |
Byrd |
Chappelle-Nadal |
Casey |
Chinn |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Corcoran |
Cunningham 145 |
Cunningham 86 |
Curls |
Darrough |
Daus |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Donnelly |
Dougherty |
El-Amin |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Franz |
Fraser |
George |
Goodman |
Guest |
Harris 110 |
Harris 23 |
Henke |
Hobbs |
Hoskins |
Hughes |
Hunter |
Icet |
Jackson |
Johnson 47 |
Johnson 61 |
Johnson 90 |
Jolly |
Jones |
Kelly |
Kingery |
Kratky |
Kraus |
Kuessner |
Lager |
Lampe |
Lembke |
LeVota |
Lipke |
Loehner |
Low 39 |
Lowe 44 |
Marsh |
May |
McGhee |
Meiners |
Moore |
Munzlinger |
Muschany |
Myers |
Nance |
Nieves |
Nolte |
Oxford |
Page |
Parker |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Robinson |
Roorda |
Rucker |
Ruestman |
Rupp |
Salva |
Sander |
Sater |
Schaaf |
Schad |
Schlottach |
Schoemehl |
Selby |
Self |
Shoemyer |
Skaggs |
Smith 118 |
Smith 14 |
Spreng |
Stefanick |
Stevenson |
Storch |
Sutherland |
Swinger |
Threlkeld |
Tilley |
Viebrock |
Villa |
Vogt |
Wagner |
Wallace |
Walsh |
Walton |
Wasson |
Wells |
Weter |
Wildberger |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright-Jones |
Wright 137 |
Wright 159 |
Yaeger |
Yates |
Young |
Zweifel |
Mr Speaker |
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NOES: 002 |
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St. Onge |
Whorton |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 008 |
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Bean |
Behnen |
Dusenberg |
Haywood |
Hubbard |
Liese |
Meadows |
Schneider |
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VACANCIES: 001 |
Speaker Pro Tem Bearden declared the bill passed.
REFERRAL OF HOUSE RESOLUTION
HR 569 - Elementary and Secondary Education
REFERRAL OF HOUSE JOINT RESOLUTIONS
HJR 7 - Elections
HJR 14 - Elections
HJR 20 - Elementary and Secondary Education
HJR 21 - Small Business
REFERRAL OF HOUSE CONCURRENT RESOLUTIONS
HCR 16 - Veterans
HCR 23 - Health Care Policy
HCR 24 - Elementary and Secondary Education
HCR 25 - Elementary and Secondary Education
REFERRAL OF HOUSE BILLS
HB 70 - Ways and Means
HB 105 - Special Committee on General Laws
HB 113 - Transportation
HB 249 - Crime Prevention and Public Safety
HB 301 - Local Government
HB 332 - Crime Prevention and Public Safety
HB 415 - Local Government
HB 515 - Tourism
HB 555 - Special Committee on General Laws
HB 562 - Small Business
HB 590 - Corrections and Public Institutions
HB 591 - Elementary and Secondary Education
HB 612 - Transportation
HB 613 - Small Business
HB 614 - Corrections and Public Institutions
HB 615 - Judiciary
HB 616 - Local Government
HB 617 - Conservation and Natural Resources
HB 618 - Transportation
HB 619 - Corrections and Public Institutions
HB 620 - Health Care Policy
HB 622 - Insurance Policy
HB 623 - Retirement
HB 624 - Retirement
HB 625 - Retirement
HB 626 - Health Care Policy
HB 627 - Budget
HB 629 - Job Creation and Economic Development
HB 630 - Judiciary
HB 632 - Transportation
HB 633 - Crime Prevention and Public Safety
HB 634 - Transportation
HB 635 - Transportation
HB 636 - Health Care Policy
HB 637 - Workforce Development and Workplace Safety
HB 638 - Special Committee on Urban Issues
HB 640 - Utilities
HB 641 - Crime Prevention and Public Safety
HB 642 - Conservation and Natural Resources
HB 643 - Judiciary
HB 645 - Children and Families
HB 646 - Senior Citizen Advocacy
HB 647 - Financial Institutions
HB 648 - Agriculture Policy
HB 649 - Senior Citizen Advocacy
HB 650 - Children and Families
HB 651 - Small Business
HB 652 - Professional Registration and Licensing
HB 653 - Transportation
HB 654 - Insurance Policy
HB 656 - Senior Citizen Advocacy
HB 657 - Health Care Policy
HB 658 - Agriculture Policy
HB 659 - Insurance Policy
HB 660 - Conservation and Natural Resources
HB 661 - Corrections and Public Institutions
HB 662 - Professional Registration and Licensing
HB 663 - Senior Citizen Advocacy
HB 664 - Professional Registration and Licensing
HB 665 - Professional Registration and Licensing
HB 666 - Agriculture Policy
HB 667 - Insurance Policy
HB 668 - Insurance Policy
HB 670 - Professional Registration and Licensing
HB 671 - Health Care Policy
HB 676 - Elections
HB 677 - Judiciary
HB 678 - Judiciary
HB 680 - Agriculture Policy
HB 681 - Senior Citizen Advocacy
HB 682 - Small Business
HB 683 - Children and Families
HB 684 - Crime Prevention and Public Safety
HB 688 - Judiciary
REFERRAL OF SENATE BILL
SB 86 - Judiciary
COMMITTEE REPORTS
Committee on Health Care Policy, Chairman Cooper (155) reporting:
Mr. Speaker: Your Committee on Health Care Policy, to which was referred HB 232, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Health Care Policy, to which was referred HB 397, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Committee on Judiciary, Chairman Byrd reporting:
Mr. Speaker: Your Committee on Judiciary, to which was referred HB 208, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Judiciary, to which was referred HB 567, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Committee on Local Government, Chairman Johnson (47) reporting:
Mr. Speaker: Your Committee on Local Government, to which was referred HB 342, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Local Government, to which was referred HB 344, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Local Government, to which was referred HB 448, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Committee on Senior Citizen Advocacy, Chairman Bruns reporting:
Mr. Speaker: Your Committee on Senior Citizen Advocacy, to which was referred HB 231, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Committee on Rules, Chairman Cooper (120) reporting:
Mr. Speaker: Your Committee on Rules, to which was referred HB 48, begs leave to report it has examined the same and recommends that it Do Pass, with a time limit of 30 minutes for debate on Perfection.
Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 186, begs leave to report it has examined the same and recommends that it Do Pass, with no time limit for debate.
Mr. Speaker: Your Committee on Rules, to which was referred HB 269, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.
Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 348, begs leave to report it has examined the same and recommends that it Do Pass, with no time limit for debate.
Mr. Speaker: Your Committee on Rules, to which was referred HB 361, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.
Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 580, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.
INTRODUCTION OF HOUSE BILLS
The following House Bills were read the first time and copies ordered printed:
HB 701, introduced by Representative Richard, relating to state tax increment financing.
HB 702, introduced by Representative Behnen, relating to licensed clinical social workers and licensed baccalaureate social workers.
HB 703, introduced by Representatives Shoemyer, Barnitz, Bringer, Henke, Witte and Rucker, relating solely to the creation of a tax credit for service station owners who sell ethanol.
HB 704, introduced by Representatives Shoemyer, Chappelle-Nadal, Darrough, Wildberger, Corcoran, Lowe (44), Burnett, Witte, Meadows, George, Oxford, Brown (50), Bringer, Rucker, Fraser, Spreng, Walsh, Swinger, Henke, Baker (25), Low (39), LeVota and Bowman, relating to financial incentives for employers.
HB 705, introduced by Representative Fraser, relating to salvage vehicles.
HB 706, introduced by Representatives Quinn, Sander, Hobbs, Whorton, LeVota, Schad, Jones, Wallace, Munzlinger, Shoemyer, Harris (110), Brown (30), Parson, Chinn and Nance, relating to hand fishing.
HB 707, introduced by Representatives Cunningham (145) and Byrd, relating to banking.
HB 708, introduced by Representative Yates, for the sole purpose of repealing certain expired, sunset, terminated, and ineffective statutory provisions.
HB 709, introduced by Representatives Fraser, Parker, Johnson (61), Wright-Jones, Oxford, Chappelle-Nadal, Baker (25), Wildberger and Donnelly, relating to domestic violence offenses.
HB 710, introduced by Representatives Faith and Bearden, relating to pawnbrokers.
HB 711, introduced by Representatives Nolte, Phillips, Nance, Wright (137), Wilson (119), Moore, Wood, Day, Brown (30), Wells, Weter and Jackson, relating to state purchasing.
HB 712, introduced by Representatives Cooper (158) and Meadows, relating to probation and parole officers.
HB 713, introduced by Representative Cooper (158), relating to aviation.
HB 714, introduced by Representative Cooper (158), relating to proceedings before trial in criminal cases involving a change of venue.
HB 715, introduced by Representative Cooper (158), relating to endangering the welfare of a child in the first degree.
HB 716, introduced by Representative Cooper (158), relating to endangering the welfare of a child in the second degree.
HB 717, introduced by Representative Rupp, relating to cafeteria plans for state employees.
HB 718, introduced by Representative Lembke, relating to court costs.
The following members’ presence was noted: Hubbard and Schneider.
ADJOURNMENT
On motion of Representative Dempsey, the House adjourned until 4:00 p.m., Monday, March 7, 2005.
CORRECTIONS TO THE HOUSE JOURNAL
AFFIDAVITS
I, State Representative Amber Boykins, District 60, hereby state and affirm that my vote as recorded on the motion to third read and pass HB 248 in the House Journal for Thursday, March 3, 2005 showing that I voted present 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 3rd day of March 2005.
/s/ Amber Boykins
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 3rd day of March in the year 2005.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Al Liese, District 79, hereby state and affirm that my vote as recorded on the motion to third read and pass HCS HB 297 in the House Journal for Thursday, March 3, 2005 showing that I voted absent 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 3rd day of March 2005.
/s/ Al Liese
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 3rd day of March in the year 2005.
/s/ Stephen S. Davis
Chief Clerk
___________
Correct House Journal, Thirty-second Day, Wednesday, March 2, 2005, Pages 448 through 450, by deleting House Amendment No. 1 in its entirety, and inserting in lieu thereof the following:
House Amendment No. 1
AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 1 & 130, Page 1, In the Title, Line 6, by inserting after the word "provisions" the following:
", and an effective date for certain sections"; and
Further amend said bill, Page 6, Section 287.067, Lines 18 and 19, by deleting the phrase "recognized as an occupational disease for the purposes of this chapter"; and
Further amend said bill, Page 7, Section 287.067, Line 37, by inserting after the phrase "oxygen, of" the following:
"paid"; and
Further amend said bill, Page 7, Section 287.067, Line 37, by inserting at the end of said line the following:
"paid"; and
Further amend said bill, Page 7, Section 287.067, Line 46, by deleting "with a prior" and inserting in lieu thereof the following:
"with [a] the immediate prior"; and
Further amend said bill, Section 287.128, Pages 11-13, Lines 1-78, by deleting all of said section and inserting in lieu thereof the following:
"287.128. 1. It shall be unlawful for any person to [:
(1)] knowingly present or cause to be presented any false or fraudulent claim for the payment of benefits pursuant to a workers’ compensation claim[;].
[(2)] 2. It shall be unlawful for any insurance company or self-insurer in this state to knowingly and intentionally refuse to comply with known and legally indisputable compensation obligations with intent to defraud.
3. It shall be unlawful for any person to:
(1) Knowingly present multiple claims for the same occurrence with intent to defraud;
[(3) Purposefully prepare, make or subscribe to any writing with intent to present or use the same, or to allow it to be presented in support of any false or fraudulent claim;
(4)](2) Knowingly assist, abet, solicit or conspire with:
(a) Any person who knowingly presents any false or fraudulent claim for the payment of benefits;
(b) Any person who knowingly presents multiple claims for the same occurrence with an intent to defraud; or
(c) Any person who purposefully prepares, makes or subscribes to any writing with the intent to present or use the same, or to allow it to be presented in support of any such claim;
[(5)](3) Knowingly make or cause to be made any false or fraudulent claim for payment of a health care benefit;
[(6)](4) Knowingly submit a claim for a health care benefit which was not used by, or on behalf of, the claimant;
[(7)](5) Knowingly present multiple claims for payment of the same health care benefit with an intent to defraud;
[(8)](6) Knowingly make or cause to be made any false or fraudulent material statement or material representation for the purpose of obtaining or denying any benefit;
[(9)](7) Knowingly make or cause to be made any false or fraudulent statements with regard to entitlement to benefits with the intent to discourage an injured worker from making a legitimate claim;
(8) Knowingly make or cause to be made a false or fraudulent material statement to an investigator of the division in the course of the investigation of fraud or noncompliance. For the purposes of subdivisions (6), (7), and (8) [and 9] of this subsection, the term "statement" includes any notice, proof of injury, bill for services, payment for services, hospital or doctors records, X ray or test results.
[2. It shall be unlawful for any insurance company or self-insurer in this state to:
(1) Intentionally refuse to comply with known and legally indisputable compensation obligations;
(2) Discharge or administer compensation obligations in a dishonest manner; and
(3) Discharge or administer compensation obligations in such a manner as to cause injury to the public or those persons dealing with the employer or insurer.
3.] 4. Any person violating any of the provisions of subsections 1 [and] or 2 of this section [or section 287.129,] shall be guilty of a class [A misdemeanor and,] D felony. In addition, the person shall be liable to the state of Missouri for a fine [not to exceed] up to ten thousand dollars or double the value of the fraud whichever is greater. Any person violating any of the provisions of subsection 3 of this section shall be guilty of a class A misdemeanor and the person shall be liable to the state of Missouri for a fine up to ten thousand dollars. Any person who has previously pled guilty to or has been found guilty of violating any of the provisions of subsections 1, [and] 2 or 3 of this section [or the provisions of section 287.129] and who subsequently violates any of the provisions of subsections 1 [and], 2 or 3 of this section [or the provisions of section 287.129] shall be guilty of a class [D] C felony.
[4.] 5. It shall be unlawful for any person, company, or other entity to prepare or provide an invalid certificate of insurance as proof of workers’ compensation insurance. Any person violating any of the provisions of this subsection shall be guilty of a class D felony and, in addition, shall be liable to the state of Missouri for a fine up to ten thousand dollars or double the value of the fraud, whichever is greater.
6. Any person who knowingly misrepresents any fact in order to obtain workers’ compensation insurance at less than the proper rate for that insurance shall be guilty of a class A misdemeanor. Any person who has previously pled guilty to or has been found guilty of violating any of the provisions of this section [or the provisions of section 287.129] and who subsequently violates any of the provisions of this section [or the provisions of section 287.129] shall be guilty of a class D felony.
[5.] 7. Any employer [failing] who knowingly fails to insure his liability pursuant to this chapter with intent to defraud shall be guilty of a class A misdemeanor and, in addition, shall be liable to the state of Missouri for a penalty in an amount equal to twice the annual premium the employer would have paid had such employer been insured or twenty-five thousand dollars, whichever amount is greater. After January 1, 2006, any person who has previously pled guilty to or has been found guilty of violating any of the provisions of this section [or the provisions of section 287.129] and who subsequently violates any of the provisions of this section [or the provisions of section 287] shall be guilty of a class D felony.
[6.] 8. Any person may file a complaint alleging fraud or noncompliance with this chapter with a legal advisor in the division of workers’ compensation. The legal advisor shall refer the complaint to the fraud and noncompliance unit within the division. The unit shall investigate all complaints and present any finding of fraud or noncompliance to the director, who may refer the file to the attorney general. The attorney general may prosecute any fraud or noncompliance associated with this chapter. All costs incurred by the attorney general associated with any investigation and prosecution pursuant to this subsection shall be paid out of the workers’ compensation fund. Any fines or penalties levied and received as a result of any prosecution under this section shall be paid to the workers’ compensation fund. Any restitution ordered as a part of the judgment shall be paid to the person or persons who were defrauded.
9. Any and all reports, records, tapes, photographs, and similar materials or documentation submitted by any person, including the department of insurance, to the fraud and noncompliance unit or otherwise obtained by the unit pursuant to this section, used to conduct an investigation for any violation under chapter 287, shall be considered confidential and not subject to the requirements of chapter 610, RSMo. Nothing in this subsection prohibits the fraud and noncompliance unit from releasing records used to conduct an investigation to the local, state, or federal law enforcement authority or federal or state agency conducting an investigation, upon written request.
[7.] 10. There is hereby established in the division of workers’ compensation a fraud and noncompliance administrative unit responsible for investigating incidences of fraud and failure to comply with the provisions of this chapter.
11. Any prosecution for a violation of the provisions of this section or section 287.129 shall be commenced within three years after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself or herself not a party to the offense. As used in this subsection, the term "person who has a legal duty to represent an aggrieved party" shall mean the attorney general or the prosecuting attorney having jurisdiction to prosecute the action.
12. By January 1, 2006, the attorney general shall forward to the division and the members of the general assembly, the first edition of an annual report of the costs of prosecuting fraud and noncompliance under this chapter. The report shall include the number of cases filed with the attorney general by county by the fraud and noncompliance unit, the number of cases prosecuted by county by the attorney general and county prosecutor, fines and penalties levied and received, and all incidental costs."; and
Further amend said bill, Section 287.640, Page 32, Lines 1-22, by deleting all of said lines; and
Further amend said bill, Section 287.715, Page 35, Line 31, by deleting the word "ensuing" and inserting in lieu thereof the following:
"following"; and
Further amend said bill, Section 287.715, Page 35, Line 55, by deleting the word "ensuing" and inserting in lieu thereof the following:
"following"; and
Further amend said bill, Section 287.808, Page 37, Lines 5 to 8, by deleting all of said lines and inserting in lieu thereof the following:
"is more likely to be true than not true."; and
Further amend said bill, Section 287.616, Page 45, Line 9, by inserting after all of said line the following:
"287.642. The division of workers’ compensation shall create in each of its area offices a public information program to assist all parties involved with an injury or claim under this chapter. [In providing assistance under this section, all of the division’s legal advisors shall also act as public information persons and shall, upon request, meet with or otherwise provide information to employees, employers, insurers and health care providers and shall investigate complaints of possible violations of the provisions of this chapter. The division shall employ two additional legal advisors, one to be located in the St. Louis office and one to be located in the Jefferson City office. Assistance provided under this section shall not include representing the claimant in a compensation hearing provided for in section 287.470.]
Section B. The repeal and reenactment of sections 287.615 and 287.612, and the repeal of section 287.616 of Section A of this act shall become effective on January 1, 2006."; and
Further amend said title, enacting clause and intersectional references accordingly.
Page 468, Line 27, by deleting “HB 174" and inserting in lieu thereof “HCS HB 174".
Page 468, Line 29, by deleting “HB 215" and inserting in lieu thereof “HCS HB 215".
Correct House Journal, Twenty-sixth Day, Monday, February 21, 2005, Page 367, Line 20, by inserting immediately after said line the following:
HOUSE CONCURRENT RESOLUTION NO. 15
WHEREAS, the United States has no integrated nationwide automated system for monitoring the safety history or violation records of Mexican companies and drivers, or a system to verify driver's licenses or drug testing for drivers, and it is therefore difficult for Missouri law enforcement personnel to obtain essential safety data; and
WHEREAS, if trucks from Mexico are allowed access to the State of Missouri, verification of foreign insurance policies and access to foreign judicial systems will be very difficult when accidents occur, possibly resulting in the delay of settlements and payments to the injured citizens of the State of Missouri; and
WHEREAS, Mexico does not have labeling of hazardous or toxic cargo which poses a clear and present danger to the security of the State of Missouri if trucks transporting such cargo enter territory of the state without prior inspection at the border of the United States; and
WHEREAS, large quantities of illegal drugs are smuggled into Missouri from foreign nations, including Mexico:
NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-third General Assembly, First Regular Session, the Senate concurring therein, hereby urge the Governor of the State of Missouri, the President of the United States, and the members of the United States Congress to oppose any effort to allow trucks to enter the State of Missouri without first being inspected at the border of the United States and Mexico; and
BE IT FURTHER RESOLVED that the members of the Missouri General Assembly memorializes the Missouri Congressional Delegation to restrict trucks from Mexico and other foreign nations from entering the United States until there is full compliance by the owners and drivers of those trucks with all highway safety, environmental, and drug enforcement laws; and
BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for Governor Matt Blunt, the Speaker of the United States House of Representatives, and each member of the Missouri Congressional Delegation.
COMMITTEE MEETINGS
AGRICULTURE POLICY
Tuesday, March 8, 2005, 12:00 p.m. Hearing Room 1.
Possible Executive session. AMENDED
Public hearings to be held on: HB 597, HB 369, HB 501, HB 528, HB 563, HB 588
Executive session will be held on: HB 367, HB 305, HB 368, HB 454
APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES
Tuesday, March 8, 2005, 8:00 a.m. Hearing Room 4.
Markup for Departments of Agriculture, Natural Resources and Conservation.
Hearing will continue upon afternoon adjournment if necessary.
Executive session may follow.
APPROPRIATIONS - GENERAL ADMINISTRATION
Tuesday, March 8, 2005, 8:00 a.m. Hearing Room 7.
Fringe benefits, Statewide Elected Officials, Department of Revenue,
Office of Administration, Statewide Leasing, Judiciary,
Public Defender and General Assembly.
Executive session may follow.
CORRECTIONS AND PUBLIC INSTITUTIONS
Wednesday, March 9, 2005, 8:00 a.m. Hearing Room 4.
Executive session may follow.
Public hearings to be held on: HB 236, HB 422, HB 446,
HB 453, HB 491, HB 531, HB 631
ELECTIONS
Tuesday, March 8, 2005, 6:00 p.m. Hearing Room 5.
Public hearings to be held on: HB 316, HB 149
Executive session will be held on: HB 280, HB 255, HB 66, HB 525
ETHICS
Monday, March 7, 2005, House Chamber south side gallery upon afternoon adjournment.
Executive session may follow.
HIGHER EDUCATION
Tuesday, March 8, 2005, 12:00 p.m. Hearing Room 4.
Executive session may follow. AMENDED
Public hearing to be held on: HB 440
LOCAL GOVERNMENT
Monday, March 7, 2005, Hearing Room 1 upon afternoon adjournment.
Executive session may follow.
Public hearings to be held on: HB 260, HB 395, HB 577, HB 485
LOCAL GOVERNMENT
Thursday, March 10, 2005, 8:00 a.m. Hearing Room 6.
Executive session will follow.
Public hearings to be held on: HB 450, HB 559, HB 176, HB 558, HB 480
SPECIAL COMMITTEE ON EDUCATION FUNDING
Monday, March 7, 2005, Hearing Room 6 upon afternoon adjournment.
Informational only. Report from Joint Committee.
SPECIAL COMMITTEE ON URBAN ISSUES
Monday, March 7, 2005, Hearing Room 7 upon evening adjournment. AMENDED
Public hearings to be held on: HB 564, HB 638
Executive session will be held on: HB 413, HB 508, HB 374, HB 286
VETERANS
Wednesday, March 9, 2005, 8:00 a.m. Hearing Room 5.
Executive session may follow.
Public hearings to be held on: HB 294, HB 421, HB 522, HB 535, HB 581
WAYS AND MEANS
Monday, March 7, 2005, Hearing Room 3 upon evening adjournment.
Executive session will be held on: HB 209, HB 92
WAYS AND MEANS
Wednesday, March 9, 2005, 6:00 p.m. Hearing Room 5.
Executive session. Corrected Notice.
Public hearings to be held on: HB 321, HB 222, HB 416, HB 604
HOUSE CALENDAR
THIRTY-FOURTH DAY, MONDAY, MARCH 7, 2005
HOUSE BILLS FOR SECOND READING
HB 701 through HB 718
HOUSE BILL FOR PERFECTION - APPROPRIATIONS
HCS HB 14 - Lager
HOUSE BILLS FOR PERFECTION
1 HCS HB 365 - Munzlinger
2 HB 100 - Cunningham (86) (3 hours debate on Perfection)
3 HCS HB 186 - Emery
4 HB 48 - Dougherty (30 minutes debate on Perfection)
5 HCS#2 HB 94 & 185 - Cunningham (145)
6 HB 114 - Johnson (47)
7 HCS HB 119 - Jones
8 HCS HB 174 - Wood
9 HCS HB 215 - Pearce
10 HCS HB 348 - Pearce
HOUSE BILLS FOR PERFECTION - CONSENT
(3/01/05)
1 HCS HB 135 - Richard
2 HB 229 - Portwood
3 HB 230 - Portwood
4 HCS HB 379 - Cooper (120)
(3/02/05)
1 HB 40 - Tilley
2 HCS HB 56 - Threlkeld
3 HB 127 - Bivins
(3/03/05)
1 HCS HB 47 - Brown (30)
2 HCS HB 163, 213 & 216 - Smith (14)
3 HB 592 - Cooper (120)
(3/07/05)
1 HB 269 - Bruns
2 HB 361 - Lipke
3 HCS HB 580 - Byrd
HOUSE CONCURRENT RESOLUTIONS
1 HCR 11, (2-17-05, Pages 351-352) - Sander
2 HCR 4, (3-02-05, Pages 467-468) - Burnett
3 HCR 9, (2-17-05, Page 351) - Bivins
4 HCR 15, (3-03-05, Page 487) - Baker (123)
HOUSE RESOLUTION
HR 222, (2-17-05, Page 350) - Dixon