Journal of the House

First Regular Session, 94th General Assembly

FIFTY-FIFTH DAY, Wednesday, April 11, 2007

The House met pursuant to adjournment.

            Speaker Jetton in the Chair.

            Prayer by Reverend James Earl Jackson.

              You are our portion, O Lord. We strive to keep Your established principles. We seek Your favor with our whole heart. Be merciful to us according to Your Word.

              You have dealt well with Your servants, O Lord: pouring out liberally Your blessings of wisdom, provision, health and safety. You are good and You do good.

              Heavenly Father, we pray that we would not be as those who grope around in the dark without any sense of direction or purpose, but as those who are illuminated by the light of truth and do not stumble. May that light guide us in all of our undertakings, this week, on behalf of this state.

              Blessing and glory and wisdom, thanksgiving and honor and power and might, be unto You forever and ever.

              The grace of our Lord Jesus Christ be with us all. 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: Ashton Kratky, Stuart Murry, Megan Evans, Allie Lowe, Danny Naber and Dillon Richardson.

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

            Representative Muschany assumed the Chair.

SPECIAL RECOGNITION

            Dr. Karen Hendrickson of Cape Girardeau was introduced by Representative Cooper (158) and recognized as an Outstanding Missourian.

PERFECTION OF HOUSE BILL

            HCS HBs 952 & 674, relating to long-term care facilities, was taken up by Representative Wilson (130).

            Representative Wilson (130) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill Nos. 952 & 674, Section 198.074, Page 5, Lines 1-4, by deleting all of said lines and inserting in lieu thereof the following:

              "198.074. 1. Effective August 28, 2007, all new facilities built on or after August 28, 2007, or any facilities completing a major renovation to the facility on or after August 28, 2007, as defined and approved by the department, and which are licensed under this chapter shall install and maintain an approved sprinkler system in accordance with National Fire Protection Association (NFPA) 13.

              2. Facilities that were initially licensed and had an approved sprinkler system and were required to have an approved sprinkler system installed under section 198.073, prior to August 28, 2007, shall continue to meet all laws, rules, and regulations for testing, inspection and maintenance of the sprinkler system that were in effect for such facilities on August 27, 2007.

              3. All skilled nursing facilities and intermediate care facilities initially licensed on"; and

              Further amend said substitute, said section, Pages 5-6, Lines 15-29, by deleting all of said lines and inserting in lieu thereof the following:

              "4. All facilities, not included in subsection 3 of this section, which are initially licensed under this chapter prior to August 28, 2007, and that do not have installed an approved sprinkler system in accordance with NFPA 13R prior to August 28, 2007, shall install and maintain an approved sprinkler system in accordance with NFPA 13R by December 31, 2019, unless the facility receives an exemption from the department and presents evidence in writing from a certified sprinkler system representative or licensed engineer that the facility is unable to install an approved National Fire Protection Association 13R system due to the unavailability of water supply requirements associated with this system. Facilities that take a substantial step, as specified in subsection 8 of this section, to install an approved NFPA 13R system prior to December 31, 2019, may apply to the department for a loan matching funds dollar for dollar, in accordance with section 3, to install such system. However, such loan shall not be available if by December 31, 2009, the average total reimbursement for the care of persons eligible for Medicaid public assistance in an assisted living facility and residential care facility is equal to or exceeds fifty-five dollars per day. The average total reimbursement includes room, board, and care delivered by the facility, but shall not include payments to the facility for care or services not provided by the facility. If a facility under this subsection does not have an approved sprinkler system installed by December 31, 2019, such facility shall be required to install and maintain an approved sprinkler system in accordance with NFPA 13 by December 31, 2020. Such loans received under this subsection and in accordance with section 3, shall be paid as follows:

              (1) Ten years for those facilities approved for the loan and whose average total reimbursement rate for the care of persons eligible for Medicaid public assistance is equal to forty-eight and no more than fifty dollars per day;

              (2) Eight years for those facilities approved for the loan and whose average total reimbursement rate for the care of persons eligible for Medicaid public assistance is greater than fifty and no more than fifty-five dollars per day; or

              (3) Five years for those facilities approved for the loan whose average total reimbursement rate for the care of persons eligible for Medicaid public assistance is greater than fifty-five dollars per day.

              5. (1) All facilities licensed under this chapter shall be equipped with a complete fire alarm system in compliance with NFPA 101, Life Safety Code for Detection, Alarm, and Communication Systems as referenced in NFPA 72, or shall maintain a system that was approved by the department when such facility was constructed so long as such system is a complete fire alarm system. A complete fire alarm system shall include, but not be limited to, interconnected smoke detectors throughout the facility, automatic transmission to the fire department, dispatching agency, or central monitoring company, manual pull stations at each required exit attendant's station, heat detectors, and audible and visual alarm indicators.

              (2) In addition, each floor accessed by residents shall be divided into at least two smoke sections by one-hour rated smoke partitions. No smoke section shall exceed one hundred fifty feet in length. If neither the length nor the width of the floor exceeds seventy-five feet, no smoke-stop partition shall be required. Facilities with a complete fire alarm system and smoke sections meeting the requirements of this subsection prior to August 28, 2007, shall continue to meet such requirements. Facilities initially licensed on or after August 28, 2007, shall comply with such requirements beginning August 28, 2007, or on the effective date of licensure.

              (3) Except as otherwise provided in this subsection, the requirements for complete fire alarm systems and smoke sections shall be enforceable on December 31, 2008.

              6. The requirements of this section shall be construed to supersede the provisions of section 198.058 relating to the exemption of facilities from construction standards.

              7. Notwithstanding section 320.202, RSMo to the contrary, inspections of facilities licensed under this chapter for compliance with this section shall be conducted annually by the state fire marshal if such inspections are not available to be conducted by local fire protection districts or fire departments. The provisions of this section shall be enforced by the state fire marshal.

              8. By July 1, 2008, all facilities licensed under this chapter shall submit a plan for compliance with the provisions of this section to the state fire marshal."; and

              Further amend said substitute, Section 198.075, Page 6, Lines 1-26, by deleting all of said lines; and

              Further amend said substitute, Section 3, Page 12, Line 5, by deleting the number "3" and insert in lieu thereof the number "4"; and

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

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

House Amendment No. 1

to

House Amendment No. 1

AMEND House Amendment No. 1 to House Committee Substitute for House Bill Nos. 952 & 674, Page 2, Line 4, by inserting immediately after the word "system" the following:

              ", unless those facilities meet the safety requirements of NFPA 101 pertaining to existing residential board and care occupancies"; and

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

            Representative Cooper (120) moved that House Amendment No. 1 to House Amendment No. 1 be adopted.

            Which motion was defeated by the following vote:

            Representative Donnelly offered House Amendment No. 2 to House Amendment No. 1.

            Representative Stevenson raised a point of order that House Amendment No. 2 to House Amendment No. 1 goes beyond the scope of the underlying amendment.

            Representative Muschany requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

            Representative Roorda offered House Amendment No. 3 to House Amendment No. 1.

House Amendment No. 3

to

House Amendment No. 1

AMEND House Amendment No. 1 to House Committee Substitute for House Bill Nos. 952 & 674, Page 2, Line 1, by deleting the number "2019" and insert in lieu thereof the number "2015"; and

              Further amend said amendment, said page, Line 7, by deleting the number "2019" and insert in lieu thereof the number "2015"; and

              Further amend said amendment, said page, Line 14, by deleting the number "2019" and insert in lieu thereof the number "2015"; and

              Further amend said amendment, said page, Line 15, by deleting the number "2020" and insert in lieu thereof the number "2016"; and

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

            On motion of Representative Roorda, House Amendment No. 3 to House Amendment No. 1 was adopted by the following vote:

            Representative Dempsey moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Wilson (130), House Amendment No. 1, as amended, was adopted.

            Representative Parson offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill Nos. 952 & 674, Section 1, Page 10, Line 1, by deleting "Electrician/Sprinkler" and inserting in lieu thereof the following:

              "Fire Mitigation"; and

              Further amend said substitute, said section, said page, Line 3, by deleting "persons practicing as electricians or"; and

              Further amend said substitute, said section, said page, Line 4, by deleting the word "sprinkler" and insert in lieu thereof the following:

              "fire mitigation"; and

              Further amend said substitute, said section, said page, Lines 9-10, by deleting all of said lines; and

              Further amend said substitute, said section, said page, Lines 11-12, by deleting all of said lines and insert in lieu thereof the following:

              "(a) Two individuals who have been practicing as fire mitigation system installers/inspectors for the preceding five years;"; and

              Further amend said substitute, said section, Page 11, Line 14, by deleting "electrician and/or sprinkler" and insert in lieu thereof the following:

              "fire mitigation"; and

              Further amend said substitute, said section, said page, Line 15, by deleting the word "Two" and insert in lieu thereof the word "One"; and

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

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

            Representative Nance offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill Nos. 952 & 674, Section 3, Page 12, Line 12, by deleting said line and insert in lieu thereof the following:

              "2. Qualifying facilities shall make an application to the department of health and senior services upon forms provided by the department. Upon receipt of an application for a loan, the department shall review the application and advise the governor before state funds are allocated for a loan. For purposes of this section, a "qualifying facility" shall mean a facility licensed under this chapter that has been in substantial compliance with rules and regulations promulgated by the department of health and senior services within the previous year."; and

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

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

            On motion of Representative Wilson (130), HCS HBs 952 & 674, as amended, was adopted.

            On motion of Representative Wilson (130), HCS HBs 952 & 674, as amended, was ordered perfected and printed.

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

AFTERNOON SESSION

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

SPECIAL RECOGNITION

            The Jefferson High School Eagles Basketball Team was introduced by Representative Thomson and recognized for attaining the 2007 Class 1 State Basketball Championship.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 1835 through House Resolution No. 1842

PERFECTION OF HOUSE BILL

            HB 213, relating to intellectual diversity, was taken up by Representative Cunningham (86).

            Representative Cunningham (86) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 213, Page 1, Section 173.057, Line 13, by inserting immediately after the word "campus" the following:

              ", including diversity-related criteria used in admissions, scholarship awards, and hiring"; and

              Further amend said bill, page, and section, Line 15, by adding after the word "procedures," the following:

              "which may include filing a complaint directly with the governing board,"; and

              Further amend said bill and section, Page 2, Line 33, by deleting the word "or" and inserting after all of said line the following:

              "(l) Hold meetings periodically with students to determine if the students believe they are receiving a sound and respectful education; or"; and

              Further amend said bill, page, and section, Line 34, by relettering existing paragraph (l) as (m); and

              Further amend said bill, page, and section, Line 40, by adding after the word "policy." the following:

              "When any student asks how to pursue filing a grievance about an alleged violation of policy or expresses the belief to an instructor that his or her viewpoint has been discriminated against, the instructor shall inform the student of all the options available for resolving the student's grievance."; and

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

            Representative Hughes offered House Amendment No. 1 to House Amendment No. 1.

House Amendment No. 1

to

House Amendment No. 1

AMEND House Amendment No. 1 to House Bill No. 213, Section 173.057, Line 3, insert after the word "hiring" the following:

              "which shall include racial and gender diversity".

            On motion of Representative Hughes, House Amendment No. 1 to House Amendment No. 1 was adopted by the following vote:

            Representative Nieves assumed the Chair.

            On motion of Representative Cunningham (86), House Amendment No. 1, as amended, was adopted.

            Representative Talboy offered House Amendment No. 2.

House Amendment No. 2

AMEND House Bill No. 213, Page 2, Section 173.057, Line 21, insert after the word "development;" the following:

              "and such concerns shall include but not be limited to the protection of religious freedom".

            Representative Harris (110) offered House Amendment No. 1 to House Amendment No. 2.

House Amendment No. 1

to

House Amendment No. 2

AMEND House Amendment No. 2 to House Bill No. 213, by inserting after the word "freedom" the following:

              "Including the viewpoint that the Bible is inerrant".

            On motion of Representative Harris (110), House Amendment No. 1 to House Amendment No. 2 was adopted by the following vote:

            Representative Bringer offered House Amendment No. 2 to House Amendment No. 2.

            Representative Jones (89) raised a point of order that House Amendment No. 2 to House Amendment No. 2 goes beyond the scope of the amendment.

            Representative Stevenson raised an additional point of order that House Amendment No. 2 to House Amendment No. 2 amends previously amended material.

            Representative Nieves requested a parliamentary ruling.

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

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

            Representative Dempsey moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Cunningham (86), HB 213, as amended, was ordered perfected and printed.

HOUSE BILL WITH SENATE AMENDMENT

            SS HCS HB 453, relating to donations to food pantries, was taken up by Representative Jetton.

            On motion of Representative Jetton, SS HCS HB 453 was adopted by the following vote: