journal of the senate · 2001. 4. 26. · scott sims singleton staples steelman stoll westfall...

862

Journal of the SenateFIRST REGULAR SESSION

SIXTY-FIRST DAY—WEDNESDAY, APRIL 25, 2001

The Senate met pursuant to adjournment.

President Maxwell in the Chair.

Reverend Carl Gauck offered the followingprayer:

Jean-Pierre De Caussade noted: “We can only know throughour suffering and our actions what experience taught us. It is thebreath of the Holy Spirit whispering the words of life to the heart,and everything we say to others must come from this source.”

Loving Father, You seek always to help us improve our livesand learn from the various trials and triumphs we experience in life.May Your Holy Spirit guide our hearts and minds so that everythingwe say and do reflects what we have learned from You and improvesthe lives of others as well. Amen.

The Pledge of Allegiance to the Flag wasrecited.

A quorum being established, the Senateproceeded with its business.

The Journal of the previous day was read andapproved.

Photographers from KRCG-TV and KOMU-TV were given permission to take pictures in theSenate Chamber today.

The following Senators were present during theday’s proceedings:

Present—Senators

Bentley Bland Caskey Cauthorn

Childers DePasco Dougherty Foster

Gibbons Goode Gross House

Jacob Johnson Kenney Kinder

Klarich Klindt Loudon Mathewson

Quick Rohrbach Russell Schneider

Scott Sims Singleton Staples

Steelman Stoll Westfall Wiggins

Yeckel—33

Absent with leave—Senator Carter—1

The Lieutenant Governor was present.

Senator Klarich requested unanimous consentof the Senate to correct the Senate Journal forTuesday, April 24, 2001, on page 844, column 2,line 18, by deleting the word “Klarish” andinserting in lieu thereof the word, “Klarich”, whichrequest was granted.

RESOLUTIONS

Senator Kenney offered Senate Resolution No.635, regarding the Ninetieth Birthday of RubyRussell Lawhon, Blue Springs, which was adopted.

Senator Klindt offered Senate Resolution No.636, regarding Dr. Nancy D. Zeliff, Maryville,which was adopted.

Senator Klindt offered Senate Resolution No.637, regarding Reverend Ron Ratliff, Pattonsburg,which was adopted.

Senator Bentley offered the followingresolution, which was adopted:

SENATE RESOLUTION NO. 638

WHEREAS, it is with special pleasure that the MissouriSenate pauses to recognize a group of extraordinary young womenwho have distinguished themselves through excellence in collegiateathletics; and

WHEREAS, the members of the Lady Bears Basketball Teamat Southwest Missouri State University (SMSU) in Springfield areto be commended for their many notable achievements during an

Sixty-First Day—Wednesday, April 25, 2001863

impressive 2000-2001 season that they culminated with a FourthPlace finish at the Final Four; and

WHEREAS, the talented Lady Bears became only the secondteam in school history to make an appearance in the NationalCollegiate Athletic Association (NCAA) Final Four competitionwhich was held this year at the Savvis Center in St. Louis; and

WHEREAS, the Lady Bears gave the 134,964 loyal fans whopacked the stands at Hammons Hall good reason to cheer duringtheir 2000-2001 season, as they broke an NCAA record for mostpoints scored and traveled coast to coast in the hopes of beatingtough teams that included Toledo, Rutgers, and Duke, for a shot atthe Final Four competition; and

WHEREAS, the Lady Bears could not have attained suchsuccess this season without the unparalleled guidance of CoachesCheryl Burnett, Karen Rapier, Scott Norris, and Lannett Robinson,all of whom have continually instilled within each of theirexceptional athletes the desire to realize their full potential; and

WHEREAS, special words of commendation go out to LadyBears Administrative Assistant Mark Uitermarkt, whose hard workand strong commitment to the team was instrumental in its overallsuccess this year; and

WHEREAS, few young women possess the athletic prowess ofLady Bears Jackie Stiles, Tara Mitchem, Carly Deer, Erica Vicence,Erika Rante, Ann Cavey, Kinga Kiss, Stephanie Buabey, MorganWohenberger, Melody Campbell, Tiny McMorris, and DzenataKaolic; and

WHEREAS, fellow students, teachers, and staff at SMSU,parents, and the entire community of Springfield are exceedinglyproud of the Lady Bears for their impressive display of teamworkand unwavering unanimity while successfully aspiring towardsincredible goals:

NOW, THEREFORE, BE IT RESOLVED that we, themembers of the Missouri Senate, Ninety-first General Assembly,unanimously join in extending our most hearty congratulations tothe SMSU Lady Bears upon the completion of their mostphenomenal 2000-2001 basketball season, and in wishing them onlythe very best as they continue to maintain their high standards ofachievement through excellence both on and off the court; and

BE IT FURTHER RESOLVED that the Secretary of the Senatebe instructed to prepare a properly inscribed copy of this resolutionfor Southwest Missouri State University.

HOUSE BILLS ON THIRD READING

HB 664, introduced by Representative Skaggs,entitled:

An Act to repeal sections 352.500, 352.505,352.510, 352.515 and 352.520, RSMo 2000,relating to charitable gift annuities, and to enact inlieu thereof five new sections relating to the samesubject.

Was called from the Consent Calendar andtaken up by Senator Yeckel.

On motion of Senator Yeckel, HB 664 wasread the 3rd time and passed by the following vote:

YEAS—Senators


Childers Dougherty Foster Gibbons

Goode Gross House Jacob

Johnson Kenney Kinder Klarich

Klindt Loudon Mathewson Rohrbach

Schneider Scott Sims Singleton

Staples Steelman Stoll Westfall

Wiggins Yeckel—30

NAYS—Senators—None

Absent—Senators

DePasco Quick Russell—3


The President declared the bill passed.

On motion of Senator Yeckel, title to the billwas agreed to.

Senator Yeckel moved that the vote by whichthe bill passed be reconsidered.

Senator Goode moved that motion lay on thetable, which motion prevailed.

HB 491, with SCS, introduced byRepresentative George, et al, entitled:

An Act to repeal section 77.370, RSMo 2000,relating to election of marshals in cities whichcontract for police service, and to enact in lieuthereof one new section relating to the samesubject.

Was called from the Consent Calendar andtaken up by Senator Goode.

SCS for HB 491, entitled:

SENATE COMMITTEE SUBSTITUTE FORHOUSE BILL NO. 491

An Act to repeal sections 77.370 and 77.450,RSMo 2000, relating to certain municipalities, andto enact in lieu thereof two new sections relating tothe same subject.

Was taken up.

Journal of the Senate 864

Senator Goode moved that SCS for HB 491 beadopted, which motion prevailed.

On motion of Senator Goode, SCS for HB 491was read the 3rd time and passed by the followingvote:

YEAS—Senators




Kenney Kinder Klarich Klindt

Loudon Mathewson Rohrbach Russell

Schneider Scott Sims Staples


Yeckel—29


Absent—Senators

DePasco Johnson Quick Singleton—4



On motion of Senator Goode, title to the billwas agreed to.

Senator Goode moved that the vote by whichthe bill passed be reconsidered.

Senator Caskey moved that motion lay on thetable, which motion prevailed.

HB 236, with SCS, introduced byRepresentative Smith, entitled:

An Act to amend chapter 210, RSMo, relatingto the state juvenile information system, by addingthereto one new section relating to the samesubject.

Was called from the Consent Calendar andtaken up by Senator Caskey.



An Act to amend chapter 210, RSMo, byadding thereto one new section relating to the statejuvenile information system.

Was taken up.

Senator Caskey moved that SCS for HB 236be adopted, which motion prevailed.

On motion of Senator Caskey, SCS for HB236 was read the 3rd time and passed by thefollowing vote:

YEAS—Senators


Childers Dougherty Foster Goode

Gross House Jacob Johnson


Loudon Mathewson Rohrbach Scott

Sims Singleton Staples Steelman

Stoll Westfall Wiggins Yeckel—28


Absent—Senators

DePasco Gibbons Quick Russell

Schneider—5



On motion of Senator Caskey, title to the billwas agreed to.

Senator Caskey moved that the vote by whichthe bill passed be reconsidered.

Senator Gross moved that motion lay on thetable, which motion prevailed.

HB 266, introduced by RepresentativeTreadway, entitled:

An Act to amend chapter 339, RSMo, relatingto real estate agents and brokers by adding theretoone new section relating to the same subject.

Was called from the Consent Calendar andtaken up by Senator Gross.

On motion of Senator Gross, HB 266 was readthe 3rd time and passed by the following vote:

YEAS—Senators

Bentley Caskey Cauthorn Childers

Dougherty Foster Gibbons Goode

Gross House Jacob Johnson




Steelman Westfall Wiggins Yeckel—28



Absent—Senators

Bland DePasco Quick Staples

Stoll—5



On motion of Senator Gross, title to the bill wasagreed to.

Senator Gross moved that the vote by which thebill passed be reconsidered.

Senator Mathewson moved that motion lay onthe table, which motion prevailed.

HB 745, introduced by Representative Farnen,entitled:

An Act to repeal section 58.490, RSMo 2000,relating to unclaimed property, and to enact in lieuthereof one new section relating to the samesubject.

Was called from the Consent Calendar andtaken up by Senator Mathewson.

On motion of Senator Mathewson, HB 745 wasread the 3rd time and passed by the following vote:

YEAS—Senators




Johnson Kenney Klarich Klindt



Staples Steelman Stoll Westfall

Wiggins Yeckel—30


Absent—Senators

DePasco Kinder Quick—3



On motion of Senator Mathewson, title to thebill was agreed to.

Senator Mathewson moved that the vote by

which the bill passed be reconsidered.

Senator Kenney moved that motion lay on thetable, which motion prevailed.

SENATE BILLS FOR PERFECTION

Senator Steelman moved that SB 375, withSCS, SS for SCS, SA 1 and SSA 3 for SA 1(pending), be called from the Informal Calendarand again taken up for perfection, which motionprevailed.

SSA 3 for SA 1 was again taken up.

Senator Gibbons moved that the abovesubstitute amendment be adopted, which motionprevailed.

Senator Gibbons offered SA 2, which wasread:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for SenateCommittee Substitute for Senate Bill No. 375, Page14, Section 610.021, Lines 22-23, by deleting all ofsaid lines after the words “as such”.

Senator Gibbons moved that the aboveamendment be adopted, which motion prevailed.

Senator Goode offered SA 3:


Amend Senate Substitute for SenateCommittee Substitute for Senate Bill No. 375, Page20, Section 610.027, Line 20, by inserting after allof said line the following:

“6. When a person submits a writtencomplaint to the attorney general concerningthe compliance of a public governmental bodyor a member of a public governmental bodywith sections 610.010 to 610.026 and theattorney general advises the public body of thecomplaint or otherwise attempts to resolve adispute presented by such complaint, the publicgovernmental body or member of that publicgovernmental body shall cooperate with theattorney general for the purpose of resolving thedispute. When, in response to a complaint or onthe attorney general’s own initiative, theattorney general seeks to determine complianceof a public governmental body or member of a


public governmental body with sections 610.010to 610.026, the attorney general shall be entitledto obtain copies of open and closed records ofany public governmental body, except recordsof privileged communications. Recordsidentified as closed by the public governmentalbody that the attorney general obtains pursuantto this subsection shall remain closed, exceptthat the attorney general may use those recordsin any action brought to enforce the provisionsof sections 610.010 to 610.026, by presentingthem in any court proceeding if the attorneygeneral determines that the records should nothave been closed or that the records reflect anaction or actions that should not have beenconducted in a closed session.”.

Senator Goode moved that the aboveamendment be adopted, which motion prevailed.

Senator Goode offered SA 4:


Amend Senate Substitute for Senate CommitteeSubstitute for Senate Bill No. 375, Page 9, Section610.010, Line 14, by striking the word “and”; andfurther amend page 10, line 3, by inserting at theend of said line the following: “and (g) Any bi-state development agency established pursuantto section 70.370, RSMo;”.

Senator Goode moved that the aboveamendment be adopted, which motion prevailed.

Senator Klarich assumed the Chair.

Senator Russell offered SA 5, which was read:


Amend Senate Substitute for Senate CommitteeSubstitute for Senate Bill No. 375, Page 15,Section 610.021, Line 9, by removing the bracket“[”; and

Further amend said bill and page by deletinglines 24 through line 26 and inserting in lieuthereof the following: “The Missouri generalassembly fails to enact, on or before December31, 2003, legislation authorizing electric utilityrestructuring.”.

Senator Russell moved that the aboveamendment be adopted, which motion prevailed.

Senator Mathewson offered SA 6, which wasread:


Amend Senate Substitute for SenateCommittee Substitute for Senate Bill No. 375, Page19, Section 610.027, Line 21, by striking the word“thousand” and inserting in lieu thereof:“hundred”; and further amend said bill, page 24,section 610.100, line 21, by striking the word“thousand” and inserting in lieu thereof:“hundred”.

Senator Mathewson moved that the aboveamendment be adopted, which motion prevailed.

Senator Caskey offered SA 7:


Amend Senate Substitute for SenateCommittee Substitute for Senate Bill No. 375, Page7, Section 58.740, Line 16, by insertingimmediately after said line the following:

“197.735. 1. As used in this section, thefollowing terms mean:

(1) “Health carrier”, the same as such termis defined in section 376.1350, RSMo;

(2) “Payment methodologies”, how the unitsof service to be used as a basis for makingpayments are defined and the method ofdetermining the specific payment amount perunit of service;

(3) “Public hospital”, a hospital organizedpursuant to section 81.180, RSMo, section82.240, RSMo, sections 96.150 to 96.228, RSMo,sections 205.160 to 205.379, RSMo, or sections206.010 to 206.160, RSMo;

(4) “Public record”, the same as such termis defined in section 610.010, RSMo;

(5) “Related organization”, an entitycreated by or affiliated with a public hospital,regardless of the degree of common control orgovernance with such hospital;

(6) “Self-insured health plan”, an employeehealth benefit plan established by an employeror an employee organization, or both, for whichthe insurance laws of this state are preempted


pursuant to the Employee Retirement IncomeSecurity Act of 1974.

2. Notwithstanding the provisions of chapter610, RSMo, to the contrary, the governing bodyof a public hospital or a related organization ofsuch hospital, or both, may close portions ofrecords and meetings of the entity that itmanages or controls if such portions of recordsand meetings pertain to:

(1) The payment amounts and paymentmethodologies of its contract proposals to andits contract with a health carrier or a self-insured health plan. Information concerning theparties involved and the duration of such acontract shall be a public record;

(2) Discussion and analysis of:

(a) Developing a new health service or newfacility;

(b) Expanding or revising an existing healthservice or facility; or

(c) Entering into a shared servicearrangement or other affiliation agreement;

(3) The amount of compensation that will beor is being paid to a physician under the publichospital’s or a related organization’s contractproposals to and contracts with the physician.While the compensation amounts of such acontract proposal or contract may be closed,such compensation amounts shall be included inthe public hospital’s or a related organization’soverall financial statements and such statementsshall be a public record;

(4) The records closed pursuant to thissubsection shall be disclosed pursuant to lawfulsubpoena.

3. The disclosure of records and meetings ofa public hospital, other than those records andmeetings which may be closed pursuant to thissection, shall be governed by chapter 610,RSMo. This section shall not be construed toprohibit a public hospital from claiming thebenefit of any other exemption to chapter 610,RSMo, pursuant to section 610.021, RSMo.”;and

Further amend the title and enacting clauseaccordingly.

Senator Caskey moved that the aboveamendment be adopted.

Senator Steelman offered SSA 1 for SA 7:

SENATE SUBSTITUTE AMENDMENT NO. 1FOR SENATE AMENDMENT NO. 7

Amend Senate Substitute for SenateCommittee Substitute for Senate Bill No. 375, Page7, Section 58.740, Line 16, by inserting thefollowing:

“197.735. 1. As used in this section, thefollowing terms mean:

(1) "Health carrier", the same as such termis defined in section 376.1350, RSMo;

(2) "Public hospital", a hospital organizedpursuant to section 81.190, 82.240, 96.150 to96.228, 205.160 to 205.379, or 206.010 to206.160, RSMo;

(3) "Payment methodologies", how theunits of service to be used as a basis for makingpayments are defined and the method ofdetermining the specific payment amount perunit of service;

(4) "Public record", the same as such termis defined in subdivision (6) of section 610.010,RSMo;

(5) "Related organization", an entitycreated by or affiliated with a public hospital,regardless of the degree of common control orgovernance with such hospital;

(6) "Self-insured health plan", an employeehealth benefit plan established by an employeror an employee organization, or both, for whichthe insurance laws of this state are preemptedpursuant to the Employee Retirement IncomeSecurity Act of 1974.

2. Notwithstanding the provisions ofchapter 610, RSMo, to the contrary, thegoverning body of a public hospital or a relatedorganization of such hospital, or both, may closecontracts as described below in (1) and (2) ofthis section of the entity that it manages orcontrols for one year from the date such


contracts become effective if such pertain to:

(1) The payment amounts and paymentmethodologies of its contract proposals toand contract with a health carrier or a self-insured health plan. However, informationconcerning the parties involved and theduration of such a contract shall be a publicrecord at all times;

(2) The amount of compensation that will beor is being paid to a physician under the publichospital’s or a related organization’s contractproposals to and contracts with the physician.However, while the compensation amounts ofsuch a contract proposal or contract may beclosed, such compensation amounts shall beincluded in the public hospital’s or a relatedorganization’s overall financial statements andsuch statements shall be a public record at alltimes.

3. The disclosure of records and meetings ofa public hospital, other than those records andmeetings which may be closed pursuant to thissection, shall be governed by chapter 610,RSMo. This section shall not be construed toprohibit a public hospital from claiming thebenefit of any other exemption to chapter 610,RSMo, pursuant to section 610.021, RSMo.

4. The provisions in 2. (1) and (2) of thissection shall only apply if:

(1) The public hospital does not receivemoney from a tax levy imposed by the city,county or hospital district that established thehospital; and

(2) The public hospital waives its rights toclaim sovereign or governmental tort immunityprotection available pursuant to sections537.600 to 537.615, RSMo.”.

Senator Steelman moved that the abovesubstitute amendment be adopted.

Senator Caskey requested a roll call vote betaken on the adoption of SSA 1 for SA 7 and wasjoined in his request by Senators Cauthorn,DePasco, Kenney and Quick.

At the request of Senator Steelman, SB 375,with SCS, SS for SCS, SA 7 and SSA 1 for SA 7(pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

Senator Russell, Chairman of the Committeeon Appropriations, submitted the following reports:

Mr. President: Your Committee onAppropriations, to which was referred HCS forHB 13, begs leave to report that it has consideredthe same and recommends that the SenateCommittee Substitute, hereto attached, do pass.

Also,


Also,


MESSAGES FROM THE HOUSE

The following messages were received fromthe House of Representatives through its ChiefClerk:

Mr. President: I am instructed by the House ofRepresentatives to inform the Senate that the Househas taken up and passed SB 25.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House ofRepresentatives to inform the Senate that the Househas taken up and passed HCS for SB 441, entitled:

An Act to repeal section 95.280, RSMo 2000,relating to cities of the third class, and to enact inlieu thereof one new section relating to the samesubject, with penalty provisions.

In which the concurrence of the Senate isrespectfully requested.


Also,

Mr. President: I am instructed by the House ofRepresentatives to inform the Senate that the Househas taken up and passed HCS for SB 521, entitled:

An Act to repeal section 287.123, RSMo 2000,relating to workers’ compensation insurancecarriers, and to enact in lieu thereof one newsection relating to the same subject.

In which the concurrence of the Senate isrespectfully requested.

Also,

Mr. President: I am instructed by the House ofRepresentatives to inform the Senate that the Househas taken up and passed SCS for SB 301.


Also,

Mr. President: I am instructed by the House ofRepresentatives to inform the Senate that the Househas taken up and passed SB 295.


On motion of Senator Kenney, the Senaterecessed until 2:15 p.m.

RECESS

The time of recess having expired, the Senatewas called to order by Senator Cauthorn.

RESOLUTIONS

Senator Sims offered Senate Resolution No.639, regarding the death of Rolla Wells Streett,St. Louis, which was adopted.


HB 180, introduced by RepresentativesThompson and Boucher, entitled:

An Act to repeal section 217.015, RSMo 2000,relating to the department of corrections, and toenact in lieu thereof one new section relating to thesame subject.

Was called from the Consent Calendar andtaken up by Senator Sims.

On motion of Senator Sims, HB 180 was read

the 3rd time and passed by the following vote:

YEAS—Senators





Klindt Loudon Mathewson Quick

Rohrbach Russell Schneider Scott




Absent—Senator Gibbons—1



On motion of Senator Sims, title to the billwas agreed to.

Senator Sims moved that the vote by whichthe bill passed be reconsidered.

Senator Klarich moved that motion lay on thetable, which motion prevailed.

HB 129, introduced by Representatives VanZandt and Campbell, entitled:

An Act to amend chapter 136, RSMo, relatingto collection of state taxes by adding thereto onenew section relating to government contracts forthe examination of taxpayer records.

Was called from the Consent Calendar andtaken up by Senator Klarich.

On motion of Senator Klarich, HB 129 wasread the 3rd time and passed by the following vote:

YEAS—Senators









Yeckel—33



Absent—Senators—None



On motion of Senator Klarich, title to the billwas agreed to.

Senator Klarich moved that the vote by whichthe bill passed be reconsidered.

Senator Bentley moved that motion lay on thetable, which motion prevailed.

HB 48, introduced by Representative Relford,entitled:

An Act to repeal sections 333.041, 333.042,333.061 and 333.081, RSMo 2000, relating toembalmers and funeral directors, and to enact inlieu thereof four new sections relating to the samesubject.

Was called from the Consent Calendar andtaken up by Senator Mathewson.

On motion of Senator Mathewson, HB 48 wasread the 3rd time and passed by the following vote:

YEAS—Senators









Yeckel—33


Absent—Senators—None



On motion of Senator Mathewson, title to thebill was agreed to.

Senator Mathewson moved that the vote bywhich the bill passed be reconsidered.

Senator Yeckel moved that motion lay on thetable, which motion prevailed.


HB 801, with SCS, introduced by Represen-tatives Liese and Wagner, entitled:

An Act relating to compliance with Title V ofthe federal Gramm-Leach-Bliley Financial Modern-ization Act of 1999, with an emergency clause.

Was called from the Consent Calendar andtaken up by Senator Yeckel.



An Act relating to compliance with Title V ofthe federal Gramm-Leach-Bliley Financial Modern-ization Act of 1999, with an emergency clause.

Was taken up.

Senator Yeckel moved that SCS for HB 801be adopted, which motion prevailed.

On motion of Senator Yeckel, SCS forHB 801 was read the 3rd time and passed by thefollowing vote:

YEAS—Senators

Bland Caskey Cauthorn Childers

DePasco Dougherty Foster Gibbons




Rohrbach Russell Schneider Scott




Absent—Senator Bentley—1



The emergency clause was adopted by thefollowing vote:

YEAS—Senators

Bland Caskey Cauthorn Childers

DePasco Dougherty Foster Gibbons




Russell Schneider Scott Sims



Yeckel—29


Absent—Senators

Bentley Rohrbach Singleton Staples—4


On motion of Senator Yeckel, title to the billwas agreed to.

Senator Yeckel moved that the vote by whichthe bill passed be reconsidered.

Senator Dougherty moved that motion lay onthe table, which motion prevailed.

HB 454, introduced by Representative Monaco,entitled:

An Act to repeal section 475.110, RSMo 2000,relating to the removal of a guardian orconservator, and to enact in lieu thereof one newsection relating to the same subject.

Was called from the Consent Calendar andtaken up by Senator Dougherty.

On motion of Senator Dougherty, HB 454 wasread the 3rd time and passed by the following vote:

YEAS—Senators






Quick Russell Schneider Scott

Sims Staples Steelman Stoll

Westfall Wiggins Yeckel—31


Absent—Senators

Rohrbach Singleton—2



On motion of Senator Dougherty, title to thebill was agreed to.

Senator Dougherty moved that the vote by

which the bill passed be reconsidered.


HCS for HB 274, with SCA 1, entitled:

An Act to repeal section 171.033, RSMo2000, relating to inclement weather exceptions formandatory days of school attendance, and to enactin lieu thereof one new section relating to the samesubject, with an emergency clause.

Was taken up by Senator Klindt.

SCA 1 was taken up.

Senator Klindt moved that the aboveamendment be adopted.

Senator Klindt offered SA 1 to SCA 1, whichwas read:

SENATE AMENDMENT NO. 1 TOSENATE COMMITTEE AMENDMENT NO. 1

Amend Senate Committee Amendment No. 1to House Committee Substitute for House Bill No.274, Page 1, Line 1, by striking “173.033” andinserting in lieu thereof the following: “171.033”.

Senator Klindt moved that the aboveamendment be adopted, which motion prevailed.

Senator Klindt moved that SCA 1, asamended, be adopted, which motion prevailed.

Senator Gibbons assumed the Chair.

On motion of Senator Klindt, HCS forHB 274, as amended, was read the 3rd time andpassed by the following vote:

YEAS—Senators

Bland Cauthorn Childers DePasco

Foster Gibbons Johnson Kinder

Klindt Mathewson Quick Rohrbach

Russell Scott Sims Singleton

Staples Steelman Stoll Yeckel—20

NAYS—Senators

Bentley Caskey Dougherty Goode

Gross House Jacob Kenney

Klarich Loudon Westfall Wiggins—12

Absent—Senator Schneider—1




The emergency clause was adopted by thefollowing vote:

YEAS—Senators



Gibbons Gross Johnson Kinder

Klindt Rohrbach Russell Schneider

Scott Sims Staples Steelman

Stoll Wiggins Yeckel—23

NAYS—Senators

Goode House Jacob Kenney

Klarich Loudon Mathewson Westfall—8

Absent—Senators

Quick Singleton—2


On motion of Senator Klindt, title to the billwas agreed to.

Senator Klindt moved that the vote by whichthe bill passed be reconsidered.



Senator Steelman moved that SB 375, withSCS, SS for SCS, SA 7 and SSA 1 for SA 7(pending), be called from the Informal Calendarand again taken up for perfection, which motionprevailed.

SSA 1 for SA 7 was again taken up.

At the request of Senator Steelman, SSA 1 forSA 7 was withdrawn.

SA 7 was again taken up.

Senator Singleton offered SA 1 to SA 7, whichwas read:

SENATE AMENDMENT NO. 1 TOSENATE AMENDMENT NO. 7

Amend Senate Amendment No. 7 to SenateSubstitute for Senate Committee Substitute forSenate Bill No. 375, Page 2, Section 197.735, Line21, by adding after the word “physician” “shall beavailable upon termination of contracts to the

public”; and

Further delete all of remaining line 21 and allof 22 to 25.

Senator Singleton moved that the aboveamendment be adopted, which motion prevailed.

SA 7, as amended, was again taken up.

Senator Caskey moved that the aboveamendment be adopted, which motion prevailed ona standing division vote.

Senator Steelman offered SA 8, which wasread:


Amend Senate Substitute for SenateCommittee Substitute for Senate Bill No. 375, Page26, Section 610.200, Line 19, by inserting after allof said line the following:

“Section 1. The provisions of subdivisions(1) and (2) of section 197.735, RSMo, shall onlyapply if the public hospital waives its rights toclaim sovereign or governmental tort immunityprotection available pursuant to sections537.600 to 537.615, RSMo.”; and


Senator Steelman moved that the aboveamendment be adopted.

At the request of Senator Steelman, SA 8 waswithdrawn.

Senator Schneider offered SA 9:


Amend Senate Substitute for SenateCommittee Substitute for Senate Bill No. 375, Page17, Section 610.022, Lines 5 to 9, by striking saidlines and substitute “governmental body. The”.

Senator Schneider moved that the aboveamendment be adopted, which motion prevailed.

Senator Gross offered SA 10:


Amend Senate Substitute for SenateCommittee Substitute for Senate Bill No. 375, Page7, Section 58.740, Line 16 of said page, by


inserting after all of said line the following:

“188.015. [Unless the language or contextclearly indicates a different meaning is intended,the following words or phrases for the purposes ofsections 188.010 to 188.130 shall be given themeaning ascribed to them] As used in thischapter, the following terms mean:

(1) “Abortion”, the intentional destruction ofthe life of an embryo or fetus in his or her mother'swomb or the intentional termination of thepregnancy of a mother with an intention other thanto increase the probability of a live birth or toremove a dead or dying unborn child;

(2) “Abortion facility”, a clinic, physician'soffice, or any other place or facility in whichabortions are performed other than a hospital;

(3) “Conception”, the fertilization of the ovumof a female by a sperm of a male;

(4) “Department”, the department of health;

[(4)] (5) “Gestational age”, length of pregnancyas measured from the first day of the woman's lastmenstrual period;

[(5)] (6) “Physician”, any person licensed topractice medicine in this state by the state board ofregistration of the healing arts;

[(6)] (7) “Unborn child”, the offspring ofhuman beings from the moment of conception untilbirth and at every stage of its biologicaldevelopment, including the human conceptus,zygote, morula, blastocyst, embryo, and fetus;

[(7)] (8) “Viability”, that stage of fetaldevelopment when the life of the unborn child maybe continued indefinitely outside the womb bynatural or artificial life-supportive systems.

188.052. 1. An individual abortion report foreach abortion performed or induced upon a womanshall be completed by her attending physician. Thereport shall include:

(1) Information required by the UnitedStates Standard Report of Induced Terminationof Pregnancy, published by the National Centerfor Health Statistics, Centers for DiseaseControl and Prevention, United StatesDepartment of Health and Human Services, orits successor publication or agency;

(2) Additional information on the type ofabortion procedure used, including the specificsurgical or nonsurgical method or the specificabortion-inducing drug or drugs employed,including, but not limited to: vacuumaspiration, suction curettage, sharp curettage,dilation and evacuation or “D&E”, intact D&E,dilation and extraction or “D&X”, intrauterinesaline instillation, intrauterine prostaglandininstillation, hysterotomy, methotrexate,mifepristone or misoprostol; and

(3) The reason or reasons the womansought the abortion, including specific medical,social, economic or other factors, including, butnot limited to: particular maternal healthconditions, pregnancy resulting from rape orincest, does not want others to know of herpregnancy, others object to her pregnancy, hasrelationship problems with the father of thechild or other family members, lack of financialsupport from the father of the child, disruptionof education or job or desire to limit family size.

2. An individual complication report for anypost-abortion care performed upon a woman shallbe completed by the physician providing suchpost-abortion care. This report shall include, butnot be limited to:

(1) The date of the abortion;

(2) The name and address of the abortionfacility or hospital where the abortion wasperformed;

(3) The nature of the abortion complicationdiagnosed or treated.

3. All abortion reports shall be signed by theattending physician, and submitted to the [state]department [of health] within forty-five days fromthe date of the abortion. All complication reportsshall be signed by the physician providing thepost-abortion care and submitted to the department[of health] within forty-five days from the date ofthe post-abortion care.

4. A copy of the abortion report shall be madea part of the medical record of the patient of thefacility or hospital in which the abortion wasperformed.

5. The [state] department [of health] shall be


responsible for collecting all abortion reports andcomplication reports and collating and evaluatingall data gathered therefrom and shall annuallypublish a statistical report based on such data fromabortions performed or induced and post-abortion care provided in the previous calendaryear. The report shall specify the gestational age,by weekly increments, at which abortions wereperformed or induced. The report shall notinclude any information that would allow thepublic to identify a specific:

(1) Patient who obtained an abortion or whoreceived post-abortion care;

(2) Physician who performed or induced anabortion or who provided post-abortion care; or

(3) Hospital or abortion facility where theabortion was performed or induced or whichprovided post-abortion care.

188.055. 1. Every abortion facility, hospital,and physician shall be supplied with forms by thedepartment [of health] for use in regards to theconsents and reports required by sections 188.010to 188.085. A purpose and function of suchconsents and reports shall be the preservation ofmaternal health and life by adding to the sum ofmedical knowledge through the compilation ofrelevant maternal health and life data and tomonitor all abortions performed to assure that theyare done only under and in accordance with theprovisions of the law.

2. All information obtained by physician,hospital, or abortion facility from a patient for thepurpose of preparing reports to the department [ofhealth under] pursuant to sections 188.010 to188.085 or reports received by the [division ofhealth] department shall be confidential and shallbe used only for statistical purposes. Such records,however, may be inspected and health dataacquired by local, state, or national public healthofficers.

188.070. Any [physician or other] person who[fails to maintain] knowingly violates theconfidentiality of any records [or], reports [requiredunder] or documents maintained by the abortionfacility or hospital or received by thedepartment pursuant to sections 188.010 to

188.085 is guilty of a [misdemeanor and, uponconviction, shall be punished as provided by law]class D felony.

191.655. 1. Any individual aggrieved by aviolation of a state statute relating to theconfidentiality of medical records may, if a civilremedy is not otherwise provided for in thestatute, bring a civil action for damages. If it isfound in a civil action that:

(1) A person has negligently violated thestatute, the person is liable, for each violation,for:

(a) The greater of actual damages orliquidated damages of one thousand dollars;and

(b) Court costs and reasonable attorney’sfees incurred by the person bringing the action;and

(c) Such other relief, including injunctiverelief, as the court may deem appropriate; or

(2) A person has willfully or intentionallyor recklessly violated the statute, the person isliable, for each violation, for:

(a) The greater of actual damages orliquidated damages of five thousand dollars;and

(b) Exemplary damages; and

(c) Court costs and reasonable attorney’sfees incurred by the person bringing the action;and

(d) Such other relief, including injunctiverelief, as the court may deem appropriate.

2. The remedies available in this section arecumulative and in addition to any othercriminal or administrative penalties otherwiseprovided for by law.”; and


Senator Gross moved that the aboveamendment be adopted, which motion prevailed.

Senator Steelman offered SA 11:



Amend Senate Substitute for Senate CommitteeSubstitute for Senate Bill No. 375, Page 26,Section 610.200, Line 19, by inserting after all ofsaid line the following:

“Section 1. The provisions of subdivisions (1)and (2) of section 197.735, RSMo, shall onlyapply if the public hospital waives its rights toclaim sovereign or governmental tort immunityprotection available pursuant to sections537.600 to 537.615, RSMo.”; and


Senator Steelman moved that the aboveamendment be adopted, which motion failed.

Senator Steelman moved that SS for SCS forSB 375, as amended, be adopted, which motionprevailed.

On motion of Senator Steelman, SS for SCS forSB 375, as amended, was declared perfected andordered printed.

President Pro Tem Kinder assumed the Chair.

Senator Goode moved that SB 578, with SCS,be called from the Informal Calendar and taken upfor perfection, which motion prevailed.

SCS for SB 578, entitled:

SENATE COMMITTEE SUBSTITUTE FORSENATE BILL NO. 578

An Act to repeal sections 208.471 and 208.480,RSMo 2000, and to enact in lieu thereof two newsections relating to the hospital federalreimbursement allowance program, with anexpiration date.

Was taken up.

Senator Goode moved that SCS for SB 578 beadopted.

Senator Sims offered SA 1:


Amend Senate Committee Substitute for SenateBill No. 578, Page 1, In the Title, Line 3, bystriking all of said line and inserting in lieu thereofthe following: “sections relating to health care

services, with”; and

Further amend said bill, Page 1, Section A,Line 3, by inserting after all of said line thefollowing:

“197.370. Sections 197.370 to 197.398 shallbe known as the “Missouri Health FacilitiesReview Law”.

197.372. The “Office of Health FacilitiesReview”, whose purpose is to achieve thehighest level of health for Missourians throughcost containment, reasonable access,appropriate level of competitive choice, publicaccountability and preventing unnecessaryduplication, is hereby established within thedepartment of health.

197.374. As used in sections 197.370 to197.398 the following terms mean:

(1) “Committee”, as defined in section197.376;

(2) “Develop”, to undertake those activitieswhich on their completion will result in theoffering of a new institutional health service orthe incurring of a financial obligation in relationto the offering of such a service;

(3) “Filed” or “filing”, delivery to the staffof the committee an application and theappropriate application fee;

(4) “First-time service”, includes thefollowing that are proposed for the first time ina specific location or for a mobile unit:

(a) Magnetic resonance imaging (MRI),positron emission tomography (PET) and linearacceleration;

(b) Open heart surgery;

(c) Cardiac catheterization;

(d) Lithotripsy;

(e) Gamma knife; or

(f) Other emerging technology that exceedstwo million dollars.

(5) “Health care facilities”, hospitals,intermediate care facilities, residential carefacility I or II, skilled nursing facilities,


diagnostic imaging centers, radiation therapycenters, ambulatory surgical facilities andlicensed speciality units but excludes the privateoffices of physicians, dentists and otherpractitioners of the healing arts, includingChristian Science sanatoriums;

(6) “New institutional health service”:

(a) The development of a new health carefacility;

(b) The acquisition, including acquisition bylease, of any health care facility, except forintermediate care facilities, residential carefacilities I and II, or skilled cared facilities, orfacility to house a first-time service;

(c) Any change in the licensed bed capacityof a hospital that increases the total number ofbeds by more than ten beds or more than tenpercent of total bed capacity, whichever is less,over a two-year period;

(d) Health services, excluding home healthservices, which are offered in a health carefacility and which were not offered on a regularbasis in such health care facility within thetwelve-month period prior to the time suchservices would be offered;

(e) A reallocation by an existing health carefacility of licensed beds from one physicalfacility or site to another by more than ten bedsor more than ten percent of total licensed bedcapacity, whichever is less, over a two-yearperiod;

(7) “Nonreviewable projects”, thoserenovation or replacement projects in a currentlocation whose cost is below seven million fivehundred thousand dollars;

(8) “Nonsubstantive projects”, projectswhich do not involve the addition, replacement,modernization or conversion of beds or theprovision of a new institutional health service,but which include an expenditure over sevenmillion five hundred thousand dollars and aredue to an act of God or a normal consequence ofmaintaining health care services, facility orequipment;

(9) “Person”, any individual, trust, estate,

partnership, corporation, including associationsand joint stock companies, state or politicalsubdivision or instrumentality of thereof,including a municipal corporation;

(10) “Review certification”, a writtencertificate issued by the committee setting forththe committee's affirmative finding that aproposed project sufficiently satisfies thecriteria prescribed for such projects by sections197.370 to 197.398;

(11) “Total project cost”, an expenditure byor on behalf of a health care facility which,under generally accepted accounting principles,is not properly chargeable as an expense ofoperation and maintenance and includes but isnot limited to land, buildings, capitalimprovements and all other costs necessary toestablish a first-time service or a newinstitutional health service.

197.376. 1. The “Missouri Health FacilitiesReview Committee” is hereby established underthe department of health. The office of healthfacilities review shall provide clerical andadministrative support to the committee andshall be subject to all policies and procedures ofthe department of health, including employmentpolicies.

2. The committee shall be composed of:

(1) Seven members appointed by thegovernor with the advice and consent of thesenate, not more than four of whom shall befrom the same political party. Four membersshall be appointed in odd numbered years andthree members shall be appointed in evennumbered years for two year terms, eachserving no more than six years; and

(2) The director of the division of healthstandards and licensure within the departmentof health or his or her designee; and

(3) The director of the division of aging orhis or her designee.

3. No business of this committee shall beperformed without a majority of the full body.

4. The committee shall elect a chairman atthe first meeting of each odd numbered year.


The committee shall meet at least twice a year oras determined by rule.

5. Members shall serve withoutcompensation but shall be reimbursed fornecessary expenses incurred in the performanceof their duties.

6. The proceedings and records of thecommittee shall be subject to the provisions ofchapter 610, RSMo.

197.378. The health facilities reviewcommittee shall:

(1) Review and approve or disapprove allapplications for a review certification madeunder sections 197.370 to 197.398. It shall issuereasonable rules and regulations governing thesubmission, review, and disposition ofapplications;

(2) Notify the applicant within fifteen days ofthe date of filing of an application as to thecompleteness of such application as defined byrule;

(3) Provide written notification to personslocated within this state at the beginning of areview. The notification may be given throughpublication of the review schedule in allnewspapers of general circulation in the area tobe served;

(4) Hold public hearings on all applicationswhen a request in writing is filed by any personwithin thirty days from the date of publicationof the notification of review;

(5) Within one hundred days of the filing ofany application, issue in writing its approval ordenial of the review certification; provided, thatthe committee may grant an extension of notmore than thirty days on its own initiative orupon the written request of any person;

(6) Send to the applicant a copy of theaforesaid decisions with copies available to anyperson upon request;

(7) Consider the needs and circumstances ofinstitutions providing training programs forhealth personnel;

(8) Consider the predominant ethnic,

cultural, or religious compositions of theresidents to be served by a health care facility inconsidering whether to grant a reviewcertification;

(9) Failure by the committee to issue awritten decision on an application for reviewcertification within the time required by thissection shall constitute approval of the finaladministrative action on the application and issubject to appeal pursuant to section 197.382only on the question of approval.

197.380. 1. Any person who proposes todevelop or offer a new institutional healthservice or a first-time service shall submit aletter of intent to the committee at least thirtydays prior to the filing of the application.

2. An application fee must accompany eachapplication for a review certification. The timeof filing commences with the receipt of theapplication and the fee. The fee is one thousanddollars, or one-tenth of one percent of the totalproject cost, whichever is greater. Allapplication fees shall be deposited in the statetreasury. The general assembly will appropriatefunds to the Missouri health facilities reviewcommittee.

197.382. Within thirty days of the decisionof the committee, only the applicant may file anappeal pursuant to chapter 621, RSMo. Anysubsequent appeal shall be to the circuit court ofthe county in which such health care service orfacility is proposed to be developed.

197.384. 1. Any person who proposes todevelop or offer a new institutional healthservice must obtain a review certification fromthe committee prior to the time such services areoffered.

2. Any person who proposes a first-timeservice must obtain a review certification fromthe committee prior to the time such services areoffered.

3. Any person who proposes to add new,not previously licensed, beds to an existinghospital, intermediate care facility, residentialcare facility I or II or skilled nursing facilitymust obtain a review certification. This shall not


preclude the transfer of already licensed beds asdefined in section 197.374.

4. Any person who proposes to renovate orreplace a project in a current location whosecost is over seven million five hundred thousanddollars must obtain a review certification.

5. Those new institutional health services,first-time services, or addition of beds, that arefound by the committee to meet the health needsof the community served pursuant to section197.390, shall be granted a review certification.

6. A review certification shall be issued onlyfor the premises and persons named in theapplication and is not transferable except by theconsent of the committee.

7. Project cost increases, exceeding the initialestimate by more than ten percent shall not beincurred without consent of the committee.

8. Periodic reports to the committee shall berequired of any applicant who has been granteda review certification until the project has beencompleted. The committee may order theforfeiture of the review certification uponfailure of the applicant to file any such report.

9. A review certification shall be subject toforfeiture for failure to incur expenditures equalto twenty percent of the total approved cost ofthe project within twelve months after the dateof the order. The applicant may request anextension from the committee of not more thansix additional months to avoid forfeiture.

10. No state agency charged by statute tolicense or certify health care facilities shall issuea license to or certify any such facility, ordistinct part of such facility, that is developedand is required to have a review certification,without first obtaining a review certification.

11. No state agency may appropriate orgrant funds to or make payment of any funds toany person or health care facility that has notfirst obtained every review certificationrequired pursuant to sections 197.370 to197.398.

12. In no event shall a review certification bedenied because the applicant refuses to provide

abortion services or information.

13. A review certification shall not berequired for the transfer of ownership of anexisting and operational health care facility inits entirety.

14. A review certification may be grantedfor something less than that which was sought inthe original application.

15. To assure the safe, appropriate, andcost-effective transfer of new medicaltechnology throughout the state, a reviewcertification shall not be required for thepurchase and operation of research equipmentthat is to be used in a clinical trial that hasreceived written approval from a dulyconstituted institutional review board of anaccredited school of medicine or osteopathylocated in Missouri to establish its safety andefficacy and does not increase the bedcomplement of the institution in which theequipment is to be located. After the clinicaltrial has been completed, a review certificationmust be obtained for continued use in suchfacility.

197.386. Review certification is notrequired for:

(1) Facilities operated by the state.Appropriation of funds to such facilities by thegeneral assembly shall be in compliance, andsuch facilities shall be deemed to have receivedan appropriate review certification without anyfee or charge;

(2) Facilities which are licensed pursuant tothe provisions of chapter 198, RSMo, which aredesigned and operated exclusively for the careand treatment of persons with acquired humanimmunodeficiency syndrome (AIDS). OnlyAIDS patients shall be residents of such afacility and no others. Any facility that violatesthis provision shall be liable for a fine of onehundred dollars per resident per day for eachsuch violation;

(3) Nonreviewable projects as persubdivision (7) of section 197.374.

197.388. A review certification shall not be


issued until January 1, 2003, for:

(1) Additional intermediate care facility,residential care facility I, residential care facilityII or skilled nursing facility beds above thenumber licensed by the state except thosepermitted pursuant to section 197.386;

(2) Beds in a licensed hospital to bereallocated on a temporary or a permanentbasis to nursing care or beds in a long-term carehospital meeting the requirements described in41 C.F.R. section 412.23(e).

197.390. The department of health shalldetermine, by county, whether there presentlyexists a need for additional skilled nursingfacility beds. The average occupancy of alllicensed and available skilled nursing facilitybeds must exceed ninety percent for at least fourconsecutive quarters in a particular county, andother considerations may include rural andurban distinctions, delivery of health careservices, and population migration.

197.392. A residential care facility I or II orskilled nursing facility licensed pursuant tochapter 198, RSMo, may increase its licensedbed capacity by:

(1) Submitting a letter of intent to expand tothe division of aging and the health facilitiesreview committee;

(2) Certification from the division of agingthat the facility:

(a) Has no patient care class I deficiencieswithin the last eighteen months; and

(b) Has maintained a ninety-percent averageoccupancy rate for the previous six quarters;

(3) Has made an effort to purchase beds foreighteen months following the date the letter ofintent to expand is submitted pursuant tosubdivision (1) of this section. For purposes ofthis paragraph, an “effort to purchase” meansa copy certified by the offeror as an offer topurchase beds from another licensed facility inthe same licensure category; and

(4) If an agreement is reached by the sellingand purchasing entities, the health facilities

review committee shall issue a certificate of needfor the expansion of the purchaser facility uponsurrender of the seller's license; or

(5) If no agreement is reached by the sellingand purchasing entities, the health facilitiesreview committee shall permit an expansion for:

(a) A facility with more than forty beds mayexpand its licensed bed capacity within the samelicensure category by twenty-five percent orthirty beds, whichever is greater, if that samelicensure category in such facility hasexperienced an average occupancy ofninety-three percent or greater over theprevious six quarters;

(b) A facility with fewer than forty bedsmay expand its licensed bed capacity within thesame licensure category by twenty-five percentor ten beds, whichever is greater, if that samelicensure category in such facility hasexperienced an average occupancy of ninety-twopercent or greater over the previous sixquarters;

(c) A facility adding beds pursuant toparagraphs (a) or (b) of this subdivision shallnot expand by more than fifty percent of its thenlicensed bed capacity in the qualifying licensurecategory;

(6) Any beds sold shall, for five years fromthe date of relicensure by the purchaser, remainunlicensed and unused for any long-term careservice in the selling facility, whether they do ordo not require a license;

(7) The beds purchased shall, for two yearsfrom the date of purchase, remain in the bedinventory attributed to the selling facility and beconsidered by the department of social servicesas licensed and available for purposes of thissection;

(8) Any residential care facility licensedpursuant to chapter 198, RSMo, may relocateany portion of such facility's current licensedbeds to any other facility to be licensed withinthe same licensure category if both facilities areunder the same licensure ownership or control,and are located within six miles of each other;


(9) A facility licensed pursuant to chapter198, RSMo, may transfer or sell individuallong-term care licensed beds to facilitiesqualifying pursuant to subdivisions (1) and (2)of this section. Any facility which transfers orsells licensed beds shall not expand its licensedbed capacity in that licensure category for aperiod of five years from the date the licensureis relinquished.

197.394. 1. Any person who is paid tosupport or oppose any project before thecommittee shall register with the staff of thecommittee for every project in which suchperson has an interest. The registration shallalso include the names and addresses of anyperson, firm, corporation or association that theperson registering represents in relation to thenamed project. Any person violating theprovisions of this subsection shall be subject tothe penalties specified in section 105.478, RSMo.

2. Any person regulated by chapter 197 or198, RSMo, and any officer, attorney, agent andemployee thereof, shall not offer to anycommittee member or to any member of thecommittee staff, any office, appointment orposition, or any present, gift, entertainment orgratuity of any kind while such application ispending before the committee. Any personguilty of knowingly violating the provisions ofthis section shall be punished as follows: For thefirst offense, such person is guilty of a class Bmisdemeanor; and for the second andsubsequent offenses, such person is guilty of aclass D felony.

197.396. For the purposes of reimbursementunder section 208.152, RSMo, project costs fornew institutional health services in excess of tenpercent of the initial project estimate shall notbe eligible for reimbursement for the first threeyears that a facility receives payment forservices provided under section 208.152, RSMo.The initial estimate shall be that amount forwhich the original review certification wasobtained. Reimbursement for these excess costsafter the first three years shall not be made untila review certification has been granted for theexcess project costs. The provisions of this

section shall apply only to facilities which file anapplication for a review certification or makeapplication for cost-overrun review of theiroriginal application or waiver.

197.397. The health facilities reviewcommittee shall submit an annual report to thegovernor and members of the general assemblyon all projects that have come before thecommittee and have been approved, are inprocess or have been disapproved.

197.398. The committee shall have thepower to promulgate reasonable rules,regulations, criteria and standards inconformity with this section and chapter 536,RSMo, to meet the objectives of sections 197.370to 197.398 including the power to establishcriteria and standards to review new types ofequipment or service. Any rule or portion of arule, as that term is defined in section 536.010,RSMo, that is created under the authoritydelegated in sections 197.370 to 197.398 shallbecome effective only if it complies with and issubject to all of the provisions of chapter 536,RSMo, and, if applicable, sections 536.028,RSMo. All rulemaking authority delegated priorto August 28, 2001, is of no force and effect andrepealed. Nothing in this section shall beinterpreted to repeal or affect the validity of anyrule filed or adopted prior to August 28, 2001, ifit fully complied with all applicable provisionsof the law. This section and chapter 536, RSMo,are nonseverable and if any of the powers vestedwith the general assembly pursuant to chapter536, RSMo, to review, to delay the effective dateor to disapprove and annul a rule aresubsequently held unconstitutional, then thegrant of rulemaking authority and any ruleproposed or adopted after August 28, 2001, shallbe invalid and void.”; and

Further amend said bill, Page 2, Section208.480, Line 2, by inserting after all of said linethe following:

“ [197.300. Sections 197.300 to197.366 shall be known as the “MissouriCertificate of Need Law”.]


[197.305. As used in sections197.300 to 197.366, the following termsmean:

(1) “Affected persons”, the personproposing the development of a newinstitutional health service, the public to beserved, and health care facilities within theservice area in which the proposed newhealth care service is to be developed;

(2) “Agency”, the certificate of needprogram of the Missouri department ofhealth;

(3) “Capital expenditure”, anexpenditure by or on behalf of a health carefacility which, under generally acceptedaccounting principles, is not properlychargeable as an expense of operation andmaintenance;

(4) “Certificate of need”, a writtencertificate issued by the committee settingforth the committee's affirmative findingthat a proposed project sufficiently satisfiesthe criteria prescribed for such projects bysections 197.300 to 197.366;

(5) “Develop”, to undertake thoseactivities which on their completion willresult in the offering of a new institutionalhealth service or the incurring of a financialobligation in relation to the offering of sucha service;

(6) “Expenditure minimum” shallmean:

(a) For beds in existing or proposedhealth care facilities licensed pursuant tochapter 198, RSMo, and long-term carebeds in a hospital as described insubdivision (3) of subsection 1 of section198.012, RSMo, six hundred thousanddollars in the case of capital expenditures,or four hundred thousand dollars in the caseof major medical equipment, provided,however, that prior to January 1, 2003, theexpenditure minimum for beds in such afacility and long-term care beds in ahospital described in section 198.012,RSMo, shall be zero, subject to the

provisions of subsection 7 of section197.318;

(b) For beds or equipment in along-term care hospital meeting therequirements described in 42 CFR,Section 412.23(e), the expenditureminimum shall be zero; and

(c) For health care facilities, newinstitutional health services or beds notdescribed in paragraph (a) or (b) of thissubdivision one million dollars in thecase of capital expenditures, excludingmajor medical equipment, and onemillion dollars in the case of medicalequipment;

(7) “Health care facilities”,hospi tals, heal th maintenanceorganizations, tuberculosis hospitals,psychiatric hospitals, intermediate carefacilities, skilled nursing facilities,residential care facilities I and II, kidneydisease treatment centers, includingfreestanding hemodialysis units,diagnostic imaging centers, radiationtherapy centers and ambulatory surgicalfacilities, but excluding the privateoffices of physicians, dentists and otherpractitioners of the healing arts, andChristian Science sanatoriums, alsoknown as Christian Science Nursingfacilities listed and certified by theCommission for Accreditation ofC h r i s t i a n S c i e n c e N u r s i n gOrganization/Facilities, Inc., andfacilities of not-for-profit corporations inexistence on October 1, 1980, subjecteither to the provisions and regulations ofSection 302 of the Labor-ManagementRelations Act, 29 U.S.C. 186 or theLabor-Management Reporting andDisclosure Act, 29 U.S.C. 401-538, andany residential care facility I orresidential care facility II operated by areligious organization qualified pursuantto Section 501(c)(3) of the federalInternal Revenue Code, as amended,which does not require the expenditure of


public funds for purchase or operation,with a total licensed bed capacity of onehundred beds or fewer;

(8) “Health service area”, ageographic region appropriate for theeffective planning and development ofhealth services, determined on the basis offactors including population and theavailability of resources, consisting of apopulation of not less than five hundredthousand or more than three million;

(9) “Major medical equipment”,medical equipment used for the provisionof medical and other health services;

(10) “New institutional healthservice”:

(a) The development of a new healthcare facility costing in excess of theapplicable expenditure minimum;

(b) The acquisition, includingacquisition by lease, of any health carefacility, or major medical equipmentcosting in excess of the expenditureminimum;

(c) Any capital expenditure by or onbehalf of a health care facility in excess ofthe expenditure minimum;

(d) Predevelopment activities asdefined in subdivision (13) hereof costingin excess of one hundred fifty thousanddollars;

(e) Any change in licensed bedcapacity of a health care facility whichincreases the total number of beds by morethan ten or more than ten percent of totalbed capacity, whichever is less, over atwo-year period;

(f) Health services, excluding homehealth services, which are offered in ahealth care facility and which were notoffered on a regular basis in such healthcare facility within the twelve-month periodprior to the time such services would beoffered;

(g) A reallocation by an existinghealth care facility of licensed bedsamong major types of service orreallocation of licensed beds from onephysical facility or site to another bymore than ten beds or more than tenpercent of total licensed bed capacity,whichever is less, over a two-year period;

(11) “Nonsubstantive projects”,projects which do not involve theaddition, replacement, modernization orconversion of beds or the provision of anew health service but which include acapital expenditure which exceeds theexpenditure minimum and are due to anact of God or a normal consequence ofmaintaining health care services, facilityor equipment;

(12) “Person”, any individual, trust,estate, partnership, corporation, includingassociations and joint stock companies,state or political subdivision orinstrumentality thereof, including amunicipal corporation;

(13) “Predevelopment activities”,expenditures for architectural designs,plans, working drawings andspecifications, and any arrangement orcommitment made for financing; butexcluding submission of an applicationfor a certificate of need.]

[197.310. 1. The “Missouri HealthFacilities Review Committee” is herebyestablished. The agency shall provideclerical and administrative support to thecommittee. The committee may employadditional staff as it deems necessary.

2. The committee shall becomposed of:

(1) Two members of the senateappointed by the president pro tem, whoshall be from different political parties;and

(2) Two members of the house ofrepresentatives appointed by the speaker,who shall be from different political


parties; and

(3) Five members appointed by thegovernor with the advice and consent of thesenate, not more than three of whom shallbe from the same political party.

3. No business of this committeeshall be performed without a majority ofthe full body.

4. The members shall be appointedas soon as possible after September 28,1979. One of the senate members, one ofthe house members and three of themembers appointed by the governor shallserve until January 1, 1981, and theremaining members shall serve untilJanuary 1, 1982. All subsequent membersshall be appointed in the manner providedin subsection 2 of this section and shallserve terms of two years.

5. The committee shall elect achairman at its first meeting which shall becalled by the governor. The committee shallmeet upon the call of the chairman or thegovernor.

6. The committee shall review andapprove or disapprove all applications for acertificate of need made under sections197.300 to 197.366. It shall issuereasonable rules and regulations governingthe submission, review and disposition ofapplications.

7. Members of the committee shallserve without compensation but shall bereimbursed for necessary expenses incurredin the performance of their duties.

8. Notwithstanding the provisions ofsubsection 4 of section 610.025, RSMo, theproceedings and records of the facilitiesreview committee shall be subject to theprovisions of chapter 610, RSMo.]

[197.311. No member of theMissouri health facilities review committeemay accept a political donation from anyapplicant for a license.]

[197.312. A certificate of need shall

not be required for any institutionpreviously owned and operated for or inbehalf of a city not within a county whichchooses to be licensed as a facility definedunder subdivision (15) or (16) of section198.006, RSMo, for a facility of ninetybeds or less that is owned or operated by anot-for-profit corporation which is exemptfrom federal income tax as an organizationdescribed in section 501(c)(3) of theInternal Revenue Code of 1986, which iscontrolled directly by a religiousorganization and which has receivedapproval by the division of aging of plansfor construction of such facility by August1, 1995, and is licensed by the division ofaging by July 1, 1996, as a facility definedunder subdivision (15) or (16) of section198.006, RSMo, or for a facility, servingexclusively mentally ill, homeless persons,of sixteen beds or less that is owned oroperated by a not-for-profit corporationwhich is exempt from federal income taxwhich is described in section 501(c)(3) ofthe Internal Revenue Code of 1986, whichis controlled directly by a religiousorganization and which has receivedapproval by the division of aging of plansfor construction of such facility by May 1,1996, and is licensed by the division ofaging by July 1, 1996, as a facility definedunder subdivision (15) or (16) of section198.006, RSMo, or a residential carefacility II located in a city not within acounty operated by a not for profitcorporation which is exempt from federalincome tax which is described in section501(c)(3) of the Internal Revenue Code of1986, which is controlled directly by areligious organization and which islicensed for one hundred beds or less on orbefore August 28, 1997.]

[197.314. 1. The provisions ofsections 197.300 to 197.366 shall notapply to any sixty-bed stand-alonefacility designed and operatedexclusively for the care of residents withAlzheimer’s disease or dementia and


located in a tax increment financingdistrict established prior to 1990 withinany county of the first classification witha charter form of government containing acity with a population of over threehundred fifty thousand and which districtalso has within its boundaries a skillednursing facility.

2. The provisions of sections197.300 to 197.366 shall not apply, ashereinafter stated, to a skilled nursingfacility that is owned or operated by anot-for-profit corporation which wascreated by a special act of the Missourigeneral assembly, is exempt from federalincome tax as an organization described inSection 501(c)(3) of the Internal RevenueCode of 1986, is owned by a religiousorganization and is to be operated as part ofa continuing care retirement communityoffering independent living, residential careand skilled care. This exemption shallauthorize no more than twenty additionalskilled nursing beds at each of two facilitieswhich do not have any skilled nursing bedsas of January 1, 1999.]

[197.315. 1. Any person whoproposes to develop or offer a newinstitutional health service within the statemust obtain a certificate of need from thecommittee prior to the time such servicesare offered.

2. Only those new institutional healthservices which are found by the committeeto be needed shall be granted a certificate ofneed. Only those new institutional healthservices which are granted certificates ofneed shall be offered or developed withinthe state. No expenditures for newinstitutional health services in excess of theapplicable expenditure minimum shall bemade by any person unless a certificate ofneed has been granted.

3. After October 1, 1980, no stateagency charged by statute to license orcertify health care facilities shall issue alicense to or certify any such facility, or

distinct part of such facility, that isdeveloped without obtaining a certificateof need.

4. If any person proposes todevelop any new institutional health careservice without a certificate of need asrequired by sections 197.300 to 197.366,the committee shall notify the attorneygeneral, and he shall apply for aninjunction or other appropriate legalaction in any court of this state againstthat person.

5. After October 1, 1980, no agencyof state government may appropriate orgrant funds to or make payment of anyfunds to any person or health care facilitywhich has not first obtained everycertificate of need required pursuant tosections 197.300 to 197.366.

6. A certificate of need shall beissued only for the premises and personsnamed in the application and is nottransferable except by consent of thecommittee.

7. Project cost increases, due tochanges in the project application asapproved or due to project change orders,exceeding the initial estimate by morethan ten percent shall not be incurredwithout consent of the committee.

8. Periodic reports to the committeeshall be required of any applicant whohas been granted a certificate of needuntil the project has been completed. Thecommittee may order the forfeiture of thecertificate of need upon failure of theapplicant to file any such report.

9. A certificate of need shall besubject to forfeiture for failure to incur acapital expenditure on any approvedproject within six months after the dateof the order. The applicant may requestan extension from the committee of notmore than six additional months basedupon substantial expenditure made.

10. Each application for a


certificate of need must be accompaniedby an application fee. The time of filingcommences with the receipt of theapplication and the application fee. Theapplication fee is one thousand dollars, orone-tenth of one percent of the total costof the proposed project, whichever isgreater. All application fees shall bedeposited in the state treasury. Because ofthe loss of federal funds, the generalassembly will appropriate funds to theMissouri health facilities reviewcommittee.

11. In determining whether acertificate of need should be granted, noconsideration shall be given to the facilitiesor equipment of any other health carefacility located more than a fifteen-mileradius from the applying facility.

12. When a nursing facility shiftsfrom a skilled to an intermediate level ofnursing care, it may return to the higherlevel of care if it meets the licensurerequirements, without obtaining acertificate of need.

13. In no event shall a certificate ofneed be denied because the applicantrefuses to provide abortion services orinformation.

14. A certificate of need shall not berequired for the transfer of ownership of anexisting and operational health facility in itsentirety.

15. A certificate of need may begranted to a facility for an expansion, anaddition of services, a new institutionalservice, or for a new hospital facility whichprovides for something less than that whichwas sought in the application.

16. The provisions of this sectionshall not apply to facilities operated by thestate, and appropriation of funds to suchfacilities by the general assembly shall bedeemed in compliance with this section,and such facilities shall be deemed to havereceived an appropriate certificate of need

without payment of any fee or charge.

17. Notwithstanding otherprovisions of this section, a certificate ofneed may be issued after July 1, 1983, foran intermediate care facility operatedexclusively for the mentally retarded.

18. To assure the safe, appropriate,and cost-effective transfer of newmedical technology throughout the state,a certificate of need shall not be requiredfor the purchase and operation ofresearch equipment that is to be used in aclinical trial that has received writtenapproval from a duly constitutedinstitutional review board of anaccredited school of medicine orosteopathy located in Missouri toestablish its safety and efficacy and doesnot increase the bed complement of theinstitution in which the equipment is tobe located. After the clinical trial hasbeen completed, a certificate of needmust be obtained for continued use insuch facility.]

[197.316. 1. The provisions ofsubsection 10 of section 197.315 andsections 197.317 and 197.318 shall notapply to facilities which are licensedpursuant to the provisions of chapter 198,RSMo, which are designed and operatedexclusively for the care and treatment ofpersons with acquired humanimmunodeficiency syndrome, AIDS.

2. If a facility is granted acertificate of need and is found to beexempt from the provisions of subsection10 of section 197.315 and sections197.317 and 197.318 pursuant to theprovisions of subsection 1 of this section,then only AIDS patients shall beresidents of such facility and no others.

3. Any facility that violates theprovisions of subsection 2 of this sectionshall be liable for a fine of one hundreddollars per resident per day for each suchviolation.


4. The attorney general shall, uponrequest of the department of health, bringan action in a circuit court of competentjurisdiction for violation of this section.]

[197.317. 1. After July 1, 1983, nocertificate of need shall be issued for thefollowing:

(1) Additional residential carefacility I, residential care facility II,intermediate care facility or skilled nursingfacility beds above the number thenlicensed by this state;

(2) Beds in a licensed hospital to bereallocated on a temporary or permanentbasis to nursing care or beds in a long-termcare hospital meeting the requirementsdescribed in 42 CFR, Section 412.23(e),excepting those which are not subject to acertificate of need pursuant to paragraphs(e) and (g) of subdivision (10) of section197.305; nor

(3) The reallocation of intermediatecare facility or skilled nursing facility bedsof existing licensed beds by transfer or saleof licensed beds between a hospitallicensed pursuant to this chapter or anursing care facility licensed pursuant tochapter 198, RSMo; except for beds incounties in which there is no existingnursing care facility. No certificate of needshall be issued for the reallocation ofexisting residential care facility I or II, orintermediate care facilities operatedexclusively for the mentally retarded tointermediate care or skilled nursingfacilities or beds. However, after January 1,2003, nothing in this section shall prohibitthe Missouri health facilities reviewcommittee from issuing a certificate ofneed for additional beds in existing healthcare facilities or for new beds in new healthcare facilities or for the reallocation oflicensed beds, provided that no constructionshall begin prior to January 1, 2004. Theprovisions of subsections 16 and 17 ofsection 197.315 shall apply to theprovisions of this section.

2. The health facilities reviewcommittee shall utilize demographic datafrom the office of social and economicdata analysis, or its successororganization, at the University ofMissouri as their source of information inconsidering applications for newinstitutional long-term care facilities.]

[197.318. 1. The provisions ofsection 197.317 shall not apply to aresidential care facility I, residential carefacility II, intermediate care facility orskilled nursing facility only where thedepartment of social services has firstdetermined that there presently exists aneed for additional beds of thatclassification because the averageoccupancy of all licensed and availableresidential care facility I, residential carefacility II, intermediate care facility andskilled nursing facility beds exceedsninety percent for at least fourconsecutive calendar quarters, in aparticular county, and within afifteen-mile radius of the proposedfacility, and the facility otherwiseappears to qualify for a certificate ofneed. The department’s certification thatthere is no need for additional beds shallserve as the final determination anddecision of the committee. Indetermining ninety percent occupancy,residential care facility I and II shall beone separate classification andintermediate care and skilled nursingfacilities are another separateclassification.

2. The Missouri health facilitiesreview committee may, for any facilitycertified to it by the department, considerthe predominant ethnic or religiouscomposition of the residents to be servedby that facility in considering whether togrant a certificate of need.

3. There shall be no expenditureminimum for facilities, beds, or servicesreferred to in subdivisions (1), (2) and (3)


of section 197.317. The provisions of thissubsection shall expire January 1, 2003.

4. As used in this section, the term“licensed and available” means beds whichare actually in place and for which a licensehas been issued.

5. The provisions of section 197.317shall not apply to any facility where at leastninety-five percent of the patients requirediets meeting the dietary standards definedby section 196.165, RSMo.

6. The committee shall review allletters of intent and applications forlong-term care hospital beds meeting therequirements described in 42 CFR, Section412.23(e) under its criteria and standardsfor long-term care beds.

7. Sections 197.300 to 197.366 shallnot be construed to apply to litigationpending in state court on or before April 1,1996, in which the Missouri healthfacilities review committee is a defendantin an action concerning the application ofsections 197.300 to 197.366 to long-termcare hospital beds meeting the requirementsdescribed in 42 CFR, Section 412.23(e).

8. Notwithstanding any otherprovision of this chapter to the contrary:

(1) A facility licensed pursuant tochapter 198, RSMo, may increase itslicensed bed capacity by:

(a) Submitting a letter of intent toexpand to the division of aging and thehealth facilities review committee;

(b) Certification from the division ofaging that the facility:

a. Has no patient care class Ideficiencies within the last eighteenmonths; and

b. Has maintained a ninety-percentaverage occupancy rate for the previous sixquarters;

(c) Has made an effort to purchasebeds for eighteen months following the date

the letter of intent to expand is submittedpursuant to paragraph (a) of thissubdivision. For purposes of thisparagraph, an “effort to purchase” meansa copy certified by the offeror as an offerto purchase beds from another licensedfacility in the same licensure category; and

(d) If an agreement is reached bythe selling and purchasing entities, thehealth facilities review committee shallissue a certificate of need for theexpansion of the purchaser facility uponsurrender of the seller's license; or

(e) If no agreement is reached bythe selling and purchasing entities, thehealth facilities review committee shallpermit an expansion for:

a. A facility with more than fortybeds may expand its licensed bedcapacity within the same licensurecategory by twenty-five percent or thirtybeds, whichever is greater, if that samelicensure category in such facility hasexperienced an average occupancy ofninety-three percent or greater over theprevious six quarters;

b. A facility with fewer than fortybeds may expand its licensed bedcapacity within the same licensurecategory by twenty-five percent or tenbeds, whichever is greater, if that samelicensure category in such facility hasexperienced an average occupancy ofninety-two percent or greater over theprevious six quarters;

c. A facility adding beds pursuantto subparagraphs a. or b. of thisparagraph shall not expand by more thanfifty percent of its then licensed bedcapacity in the qualifying licensurecategory;

(2) Any beds sold shall, for fiveyears from the date of relicensure by thepurchaser, remain unlicensed and unusedfor any long-term care service in theselling facility, whether they do or do not


require a license;

(3) The beds purchased shall, for twoyears from the date of purchase, remain inthe bed inventory attributed to the sellingfacility and be considered by thedepartment of social services as licensedand available for purposes of this section;

(4) Any residential care facilitylicensed pursuant to chapter 198, RSMo,may relocate any portion of such facility’scurrent licensed beds to any other facility tobe licensed within the same licensurecategory if both facilities are under thesame licensure ownership or control, andare located within six miles of each other;

(5) A facility licensed pursuant tochapter 198, RSMo, may transfer or sellindividual long-term care licensed beds tofacilities qualifying pursuant to paragraphs(a) and (b) of subdivision (1) of thissubsection. Any facility which transfers orsells licensed beds shall not expand itslicensed bed capacity in that licensurecategory for a period of five years from thedate the licensure is relinquished.

9. Any existing licensed andoperating health care facility offeringlong-term care services may replaceone-half of its licensed beds at the same siteor a site not more than thirty miles from itscurrent location if, for at least the mostrecent four consecutive calendar quarters,the facility operates only fifty percent of itsthen licensed capacity with every residentresiding in a private room. In such case:

(1) The facility shall report to thedivision of aging vacant beds asunavailable for occupancy for at least themost recent four consecutive calendarquarters;

(2) The replacement beds shall bebuilt to private room specifications andonly used for single occupancy; and

(3) The existing facility andproposed facility shall have the same owneror owners, regardless of corporate or

business structure, and such owner orowners shall stipulate in writing that theexisting facility beds to be replaced willnot later be used to provide long-term careservices. If the facility is being operatedunder a lease, both the lessee and theowner of the existing facility shallstipulate the same in writing.

10. Nothing in this section shallprohibit a health care facility licensedpursuant to chapter 198, RSMo, frombeing replaced in its entirety withinfifteen miles of its existing site so long asthe existing facility and proposed orreplacement facility have the same owneror owners regardless of corporate orbusiness structure and the health carefacility being replaced remainsunlicensed and unused for any long-termcare services whether they do or do notrequire a license from the date oflicensure of the replacement facility.]

[197.320. The committee shall havethe power to promulgate reasonablerules, regulations, criteria and standardsin conformity with this section andchapter 536, RSMo, to meet theobjectives of sections 197.300 to 197.366including the power to establish criteriaand standards to review new types ofequipment or service. Any rule or portionof a rule, as that term is defined insection 536.010, RSMo, that is createdunder the authority delegated in sections197.300 to 197.366 shall becomeeffective only if it complies with and issubject to all of the provisions of chapter536, RSMo, and, if applicable, section536.028, RSMo. All rulemakingauthority delegated prior to August 28,1999, is of no force and effect andrepealed. Nothing in this section shall beinterpreted to repeal or affect the validityof any rule filed or adopted prior toAugust 28, 1999, if it fully complied withall applicable provisions of law. Thissection and chapter 536, RSMo, arenonseverable and if any of the powers


vested with the general assembly pursuantto chapter 536, RSMo, to review, to delaythe effective date or to disapprove andannul a rule are subsequently heldunconstitutional, then the grant ofrulemaking authority and any ruleproposed or adopted after August 28,1999, shall be invalid and void.]

[197.325. Any person who proposesto develop or offer a new institutionalhealth service shall submit a letter of intentto the committee at least thirty days prior tothe filing of the application.]

[197.326. 1. Any person who is paideither as part of his normal employment oras a lobbyist to support or oppose anyproject before the health facilities reviewcommittee shall register as a lobbyistpursuant to chapter 105, RSMo, and shallalso register with the staff of the healthfacilities review committee for everyproject in which such person has an interestand indicate whether such person supportsor opposes the named project. Theregistration shall also include the namesand addresses of any person, firm,corporation or association that the personregistering represents in relation to thenamed project. Any person violating theprovisions of this subsection shall besubject to the penalties specified in section105.478, RSMo.

2. A member of the general assemblywho also serves as a member of the healthfacilities review committee is prohibitedfrom soliciting or accepting campaigncontributions from any applicant or personspeaking for an applicant or any opponentto any application or persons speaking forany opponent while such application ispending before the health facilities reviewcommittee.

3. Any person regulated by chapter197 or 198, RSMo, and any officer,attorney, agent and employee thereof, shallnot offer to any committee member or toany person employed as staff to the

committee, any office, appointment orposition, or any present, gift,entertainment or gratuity of any kind orany campaign contribution while suchapplication is pending before the healthfacilities review committee. Any personguilty of knowingly violating theprovisions of this section shall bepunished as follows: For the first offense,such person is guilty of a class Bmisdemeanor; and for the second andsubsequent offenses, such person is guiltyof a class D felony.]

[197.327. 1. If a facility is granteda certificate of need pursuant to sections197.300 to 197.365 based on anapplication stating a need for additionalMedicaid beds, such beds shall be usedfor Medicaid patients and no other.

2. Any person who violates theprovisions of subsection 1 of this sectionshall be liable to the state for civilpenalties of one hundred dollars for everyday of such violation. Each nonMedicaidpatient placed in a Medicaid bed shallconstitute a separate violation.

3. The attorney general shall, uponthe request of the department, bring anaction in a circuit court of competentjurisdiction to recover the civil penalty.The department may bring such an actionitself. The civil action may be brought inthe circuit court of Cole County or, at theoption of the director, in another countywhich has venue of an action against theperson under other provisions of law.]

[197.330. 1. The committee shall:

(1) Notify the applicant withinfifteen days of the date of filing of anapplication as to the completeness ofsuch application;

(2) Provide written notification toaffected persons located within this stateat the beginning of a review. Thisnotification may be given throughpublication of the review schedule in all


newspapers of general circulation in thearea to be served;

(3) Hold public hearings on allapplications when a request in writing isfiled by any affected person within thirtydays from the date of publication of thenotification of review;

(4) Within one hundred days of thefiling of any application for a certificate ofneed, issue in writing its findings of fact,conclusions of law, and its approval ordenial of the certificate of need; provided,that the committee may grant an extensionof not more than thirty days on its owninitiative or upon the written request of anyaffected person;

(5) Cause to be served upon theapplicant, the respective health systemagency, and any affected person who hasfiled his prior request in writing, a copy ofthe aforesaid findings, conclusions anddecisions;

(6) Consider the needs andcircumstances of institutions providingtraining programs for health personnel;

(7) Provide for the availability, basedon demonstrated need, of both medical andosteopathic facilities and services to protectthe freedom of patient choice; and

(8) Establish by regulationprocedures to review, or grant a waiverfrom review, nonsubstantive projects.

The term “filed” or “filing” as usedin this section shall mean delivery to thestaff of the health facilities reviewcommittee the document or documents theapplicant believes constitute an application.

2. Failure by the committee to issuea written decision on an application for acertificate of need within the time requiredby this section shall constitute approval ofand final administrative action on theapplication, and is subject to appealpursuant to section 197.335 only on thequestion of approval by operation of law.]

[197.335. Within thirty days of thedecision of the committee, the applicantmay file an appeal to be heard de novo bythe administrative hearing commissioner,the circuit court of Cole County or thecircuit court in the county within whichsuch health care service or facility isproposed to be developed.]

[197.340. Any health facilityproviding a health service must notify thecommittee of any discontinuance of anypreviously provided health care service,a decrease in the number of licensed bedsby ten percent or more, or the change inlicensure category for any such facility.]

[197.345. Any health facility with aproject for facilities or services for whicha binding construction or purchasecontract has been executed prior toOctober 1, 1980, or health care facilitywhich has commenced operations priorto October 1, 1980, shall be deemed tohave received a certificate of need,except that such certificate of need shallbe subject to forfeiture under theprovisions of subsections 8 and 9 ofsection 197.315.]

[197.355. The legislature may notappropriate any money for capitalexpenditures for health care facilitiesuntil a certificate of need has been issuedfor such expenditures.]

[197.357. For the purposes ofreimbursement under section 208.152,RSMo, project costs for new institutionalhealth services in excess of ten percent ofthe initial project estimate whether or notapproval was obtained under subsection7 of section 197.315 shall not be eligiblefor reimbursement for the first threeyears that a facility receives payment forservices provided under section 208.152,RSMo. The initial estimate shall be thatamount for which the original certificateof need was obtained or, in the case offacilities for which a bindingconstruction or purchase contract was


executed prior to October 1, 1980, theamount of that contract. Reimbursementfor these excess costs after the first threeyears shall not be made until a certificateof need has been granted for the excessproject costs. The provisions of thissection shall apply only to facilities whichfile an application for a certificate of needor make application for cost-overrunreview of their original application orwaiver after August 13, 1982.]

[197.366. The provisions ofsubdivision (8) of section 197.305 to thecontrary notwithstanding, after December31, 2001, the term “health care facilities” insections 197.300 to 197.366 shall mean:

(1) Facilities licensed under chapter198, RSMo;

(2) Long-term care beds in a hospitalas described in subdivision (3) ofsubsection 1 of section 198.012, RSMo;

(3) Long-term care hospitals or bedsin a long-term care hospital meeting therequirements described in 42 CFR, section412.23(e); and

(4) Construction of a new hospital asdefined in chapter 197.]

[197.367. Upon application forrenewal by any residential care facility I orII which on the effective date of this act hasbeen licensed for more than five years, islicensed for more than fifty beds and failsto maintain for any calendar year itsoccupancy level above thirty percent of itsthen licensed beds, the division of agingshall license only fifty beds for suchfacility.]”; and


Senator Sims moved that the above amendmentbe adopted.

Senator Caskey raised the point of order thatSA 1 is out of order as it goes beyond the scope andpurpose of the bill.


The point of order was referred to thePresident Pro Tem, who ruled it well taken.

Senator Singleton offered SA 2, which wasread:


Amend Senate Committee Substitute forSenate Bill No. 578, Page 2, Section 208.471, Line38, by inserting after all of said line the following:

“4. Notwithstanding any law, statute orrule, hospital and clinics associated with a landgrant university shall be reimbursed at no lowerlevel than any other hospital in the state ofMissouri.”.

Senator Singleton moved that the aboveamendment be adopted, which motion prevailed.

Senator Goode moved that SCS for SB 578, asamended, be adopted, which motion prevailed.

On motion of Senator Goode, SCS forSB 578, as amended, was declared perfected andordered printed.


Senator Singleton, Chairman of theCommittee on State Budget Control, submitted thefollowing reports:

Mr. President: Your Committee on StateBudget Control, to which were referred SS for SCSfor SBs 551, 410, 539, 528 and 296; HB 808 andHB 951, with SCS; HB 742, with SCS; HB 321;and HB 218, begs leave to report that it hasconsidered the same and recommends that the billsdo pass.

Senator Kenney, Chairman of the Committeeon Rules, Joint Rules, Resolutions and Ethics,submitted the following reports:

Mr. President: Your Committee on Rules,Joint Rules, Resolutions and Ethics, to which werereferred SS for SCS for SBs 448 and 588 and SCSfor SB 505, begs leave to report that it hasexamined the same and finds that the bills havebeen truly perfected and that the printed copiesfurnished the Senators are correct.


CONCURRENT RESOLUTIONS

Senator Bland offered the following concurrentresolution:

SENATE CONCURRENT RESOLUTION NO. 32

WHEREAS, providing public education is the primary duty ofthe state after paying state debts, as provided pursuant to Article III,Section 36 of the Missouri Constitution; and

WHEREAS, the General Assembly has the primaryresponsibility to provide for public education by the passage of lawsand appropriations; and

WHEREAS, the Kansas City Missouri School District has beeninvolved in federal school desegregation litigation since 1977, andhas been subject to federal court orders and federal court controlsince 1984; and

WHEREAS, the Kansas City Missouri School District wasclassified as unaccredited in May 2000 by the State Board ofEducation, only meeting three of the eleven Missouri SchoolImprovement Program performance indicators required to achievestate accreditation; and

WHEREAS, the Kansas City Missouri School District hasexperienced a high rate of superintendent turnover and discordwithin the school board and between the school board and thesuperintendent; and

WHEREAS, various proposals have been offered and discussedduring the First Regular Session of the Ninety-first GeneralAssembly concerning the governance of the Kansas City MissouriSchool District and the possibility of state involvement ingovernance of the district;

NOW, THEREFORE, BE IT RESOLVED by the members ofthe Missouri Senate, Ninety-first General Assembly, First RegularSession, the House of Representatives concurring therein, that ajoint interim committee on the Kansas City Missouri School Districtbe created to be composed of seven members of the Senate, to beappointed by the President Pro Tem of the Senate and to include thechair of the Senate Education committee, a former chair of theSenate Education Committee, at least three Senators representing aportion of the Kansas City Missouri School District and twoSenators not representing any portion of the Kansas City MissouriSchool District and seven members of the House of Representatives,to be appointed by the Speaker of the House of Representatives andto include the chair of the House Elementary and SecondaryEducation Committee, a former chair of the House Elementary andSecondary Education Committee, three Representatives representinga portion of the Kansas City Missouri School District and twoRepresentatives not representing any portion of the Kansas CityMissouri School District; and

BE IT FURTHER RESOLVED that said committee shallresearch, review and evaluate options to improve the quality ofeducation and improve student academic success in the Kansas CityMissouri School District; and

BE IT FURTHER RESOLVED that said committee shallconduct a study of the history, development and patterns of urbaneducation in the Kansas City Missouri School District and in otherurban school districts across the nation over at least the last twentyyears and shall review the history and performance of the KansasCity Missouri School District over at least the last twenty years toassess when educational deficiencies began in the school district anddetermine the current strengths and weaknesses of the schooldistrict’s educational system; and

BE IT FURTHER RESOLVED that the committee shall workto develop options to establish a new process whereby the districtmay improve educational quality, improve student academic successand meet existing requirements applicable to school districts; and

BE IT FURTHER RESOLVED that the committee may makesuch findings as it deems appropriate and may make suchrecommendations to the State Board of Education as it deemsappropriate;

BE IT FURTHER RESOLVED that said committee preparea report for submission to the General Assembly prior to thecommencement of the Second Regular Session of the Ninety-firstGeneral Assembly; and

BE IT FURTHER RESOLVED that said committee maysolicit any input and information necessary to fulfill its obligationsfrom the Missouri Department of Elementary and SecondaryEducation, the State Board of Education, the Department of HigherEducation, the Coordinating Board for Higher Education, all schooldistricts and other political subdivisions of this state, teachers andteacher groups, business and other commercial interests, communitygroups and any other interested persons; and

BE IT FURTHER RESOLVED that House Research, theCommittee on Legislative Research, and Senate Research shallprovide such legal, research, clerical, technical and bill draftingservices as the committee may require in the performance of itsduties; and

BE IT FURTHER RESOLVED that the actual and necessaryexpenses of the committee, its members and any staff personnelassigned to the committee incurred in attending meetings of thecommittee or any subcommittee thereof shall be paid from the JointContingent Fund.

THIRD READING OF SENATE BILLS

SCS for SBs 247 and 330, entitled:

SENATE COMMITTEE SUBSTITUTE FORSENATE BILLS NOS. 247 and 330

An Act to repeal sections 226.540, 226.550and 226.585, RSMo 2000, relating to highwaybeautification, and to enact in lieu thereof four newsections relating to the same subject, with anemergency clause.


Was taken up by Senator Westfall.

On motion of Senator Westfall, SCS forSBs 247 and 330 was read the 3rd time and passedby the following vote:

YEAS—Senators

Cauthorn Childers DePasco Foster

Gibbons House Johnson Kenney

Klarich Mathewson Quick Russell

Scott Singleton Staples Steelman

Stoll Westfall Yeckel—19

NAYS—Senators

Bentley Caskey Dougherty Goode

Gross Kinder Klindt Loudon

Rohrbach Schneider Sims Wiggins—12

Absent—Senators

Bland Jacob—2



The emergency clause failed to receive thenecessary two-thirds majority by the followingvote:

YEAS—Senators

Cauthorn Childers Foster Gibbons

House Johnson Kenney Mathewson

Quick Russell Staples Stoll

Westfall Yeckel—14

NAYS—Senators

Caskey DePasco Dougherty Goode

Gross Kinder Klarich Klindt

Loudon Rohrbach Schneider Scott

Sims Singleton Steelman Wiggins—16

Absent—Senators

Bentley Bland Jacob—3


On motion of Senator Westfall, title to the billwas agreed to.

Senator Westfall moved that the vote by whichthe bill passed be reconsidered.

Senator Sims moved that motion lay on thetable, which motion prevailed.

SS for SCS for SBs 551, 410, 539, 528 and296, introduced by Senator Sims, entitled:

SENATE SUBSTITUTE FORSENATE COMMITTEE SUBSTITUTE FORSENATE BILLS NOS. 551, 410, 539, 528 and

296An Act to repeal sections 208.029, 210.170,

210.536 and 453.073, RSMo 2000, relating tochildren and families, and to enact in lieu thereoffour new sections relating to the same subject.

Was taken up.

On motion of Senator Sims, SS for SCS forSBs 551, 410, 539, 528 and 296 was read the 3rdtime and passed by the following vote:

YEAS—Senators

Caskey Cauthorn Childers DePasco

Dougherty Foster Gibbons Goode

Gross House Johnson Kenney

Kinder Klarich Klindt Loudon

Mathewson Quick Russell Schneider



Yeckel—29

NAYS—Senator Rohrbach—1

Absent—Senators

Bentley Bland Jacob—3



On motion of Senator Sims, title to the billwas agreed to.

Senator Sims moved that the vote by whichthe bill passed be reconsidered.

Senator Schneider moved that motion lay onthe table, which motion prevailed.

SS for SCS for SJRs 1 and 4, introduced bySenator Schneider, entitled:

SENATE SUBSTITUTE FORSENATE COMMITTEE SUBSTITUTE FOR

SENATE JOINT RESOLUTIONS NOS. 1 and 4

Joint Resolution submitting to the qualifiedvoters of Missouri, an amendment repealing section


8 of article III of the Constitution of Missourirelating to term limits, and adopting two newsections in lieu thereof relating to the same subject.

Was taken up.

Senator Gross assumed the Chair.

Senator Gibbons assumed the Chair.

On motion of Senator Schneider, SS for SCSfor SJRs 1 and 4 was read the 3rd time and passedby the following vote:

YEAS—Senators

Bland DePasco Dougherty Goode

Jacob Johnson Kenney Klarich

Mathewson Quick Rohrbach Schneider


Westfall Wiggins Yeckel—19

NAYS—Senators

Caskey Cauthorn Childers Foster

Gibbons Gross House Kinder

Klindt Loudon Russell Steelman

Stoll—13




On motion of Senator Schneider, title to the billwas agreed to.

Senator Schneider moved that the vote bywhich the bill passed be reconsidered.


SS for SCS for SB 369, introduced by SenatorSteelman, entitled:

SENATE SUBSTITUTE FORSENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 369

An Act to amend chapter 67, RSMo, by addingthereto nine new sections relating to utility accessto public rights-of-way, with an emergency clause.

Was taken up.

Senator Rohrbach assumed the Chair.

On motion of Senator Steelman, SS for SCSfor SB 369 was read the 3rd time and passed by thefollowing vote:

YEAS—Senators

Bland Cauthorn Dougherty Gibbons

Gross House Kenney Kinder

Klarich Klindt Loudon Rohrbach

Scott Sims Staples Steelman

Stoll Yeckel—18

NAYS—Senators

Caskey Childers DePasco Foster

Goode Jacob Johnson Mathewson

Quick Russell Schneider Singleton

Westfall Wiggins—14




The emergency clause failed to receive thenecessary two-thirds majority by the followingvote:

YEAS—Senators

Bland Cauthorn Gibbons House


Loudon Rohrbach Staples Steelman

Stoll Yeckel—14

NAYS—Senators

Caskey Childers DePasco Dougherty

Foster Goode Gross Jacob

Johnson Mathewson Quick Russell

Schneider Scott Singleton Westfall

Wiggins—17

Absent—Senators

Bentley Sims—2


On motion of Senator Steelman, title to thebill was agreed to.

Senator Steelman moved that the vote bywhich the bill passed be reconsidered.



REFERRALS

President Pro Tem Kinder referred SS for SCSfor SBs 448 and 588 and SCS for SB 505 to theCommittee on State Budget Control.

President Pro Tem Kinder assumed the Chair.


Senator Singleton, Chairman of the Committeeon Public Health and Welfare, submitted thefollowing report:

Mr. President: Your Committee on PublicHealth and Welfare, to which was referred HB 544,begs leave to report that it has considered the sameand recommends that the Senate CommitteeSubstitute, hereto attached, do pass.

Senator Westfall, Chairman of the Committeeon Transportation, submitted the following report:

Mr. President: Your Committee on Trans-portation, to which was referred HCS for HBs 302and 38, begs leave to report that it has consideredthe same and recommends that the SenateCommittee Substitute, hereto attached, do pass.

Senator Westfall, Chairman of the Committeeon Civil and Criminal Jurisprudence, submitted thefollowing report:

Mr. President: Your Committee on Civil andCriminal Jurisprudence, to which was referredHB 80, begs leave to report that it has consideredthe same and recommends that the SenateCommittee Substitute, hereto attached, do pass.

Senator Klarich, Chairman of the Committeeon Judiciary, submitted the following reports:

Mr. President: Your Committee on Judiciary, towhich was referred HB 157, begs leave to reportthat it has considered the same and recommendsthat the Senate Committee Substitute, heretoattached, do pass.

Also,

Mr. President: Your Committee on Judiciary, towhich was referred HCS for HBs 144 and 46, begsleave to report that it has considered the same andrecommends that the Senate Committee Substitute,hereto attached, do pass.

On behalf of Senator Bentley, Chairman of theCommittee on Education, Senator Childerssubmitted the following report:

Mr. President: Your Committee on Education,to which was referred HJR 5, begs leave to reportthat it has considered the same and recommendsthat the joint resolution do pass.

Senator Sims, Chairman of the Committee onAging, Families and Mental Health, submitted thefollowing reports:

Mr. President: Your Committee on Aging,Families and Mental Health, to which was referredHB 949, begs leave to report that it has consideredthe same and recommends that the SenateCommittee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Aging,Families and Mental Health, to which was referredHS for HCS for HB 762, begs leave to report thatit has considered the same and recommends thatthe Senate Committee Substitute, hereto attached,do pass.

Senator Childers, Chairman of the Committeeon Local Government and Economic Development,submitted the following report:

Mr. President: Your Committee on LocalGovernment and Economic Development, to whichwas referred HS for HJR 11, begs leave to reportthat it has considered the same and recommendsthat the joint resolution do pass.

Senator Yeckel, Chairman of the Committeeon Financial and Governmental Organization,Veterans’ Affairs and Elections, submitted thefollowing report:

Mr. President: Your Committee on Financialand Governmental Organization, Veterans’ Affairsand Elections, to which was referred HCS forHB 567, begs leave to report that it has consideredthe same and recommends that the SenateCommittee Substitute, hereto attached, do pass.

Senator Steelman, Chairman of the Committeeon Commerce and Environment, submitted thefollowing reports:

Mr. President: Your Committee on Commerce


and Environment, to which was referred HB 575,begs leave to report that it has considered the sameand recommends that the Senate CommitteeSubstitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Commerceand Environment, to which was referred HS forHB 381, begs leave to report that it has consideredthe same and recommends that the SenateCommittee Substitute, hereto attached, do pass.

Senator Gibbons, Chairman of the Committeeon Ways and Means, submitted the followingreport:

Mr. President: Your Committee on Ways andMeans, to which was referred HB 444, begs leaveto report that it has considered the same andrecommends that the bill do pass, with SenateCommittee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

Amend House Bill No. 444, Page 1, Section513.605, Line 1, by inserting an opening bracket“ [” before the numeral “513.645” and furtheramend said line by inserting after the numeral“513.645” the following: “] 513.653”; and

Further amend said bill, page 2, section513.605, line 13, by inserting an opening bracket“ [” before the numeral “513.645” and furtheramend said line by inserting after the numeral“513.645” the following: “] 513.653”; and

Further amend said bill, Page 3, Section513.605, Line 48, by deleting all of said line andinserting in lieu thereof the following:“subdivision of this state; except that seizingagency does not include a federal task forcesupervised by a federal agency comprised offederal and state or local law enforcementagents operating pursuant to a writtenagreement signed by the supervising federalagency and the local law enforcement agency,limited to federal task forces operating andseizures only at an international airport withina municipality with a population of at least twohundred fifty thousand;”; and

Further amend said bill, page 3, section513.607, line 15, by inserting an opening bracket

“ [” before the numeral “3” and further amend saidline by inserting after the numeral “3” thefollowing “] 4”; and

Further amend said bill, Page 5, Section513.647, Line 5, by deleting all of said line andinserting in lieu thereof the following: “seizingagency; except that seizing agency does notinclude a federal task force supervised by afederal agency comprised of federal and state orlocal law enforcement agents operatingpursuant to a written agreement signed by thesupervising federal agency and the local lawenforcement agency, limited to federal taskforces operating and seizures only at aninternational airport within a municipality witha population of at least two hundred fiftythousand. The prosecuting attorney and the circuitjudge shall not approve any transfer”; and


Senator Gross, Chairman of the Committee onPensions and General Laws, submitted thefollowing reports:

Mr. President: Your Committee on Pensionsand General Laws, to which was referred HS forHB 421, begs leave to report that it has consideredthe same and recommends that the SenateCommittee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Pensionsand General Laws, to which was referred HB 385,begs leave to report that it has considered the sameand recommends that the Senate CommitteeSubstitute, hereto attached, do pass.

Senator Foster, Chairman of the Committee onAgriculture, Conservation, Parks and Tourism,submitted the following report:

Mr. President: Your Committee onAgriculture, Conservation, Parks and Tourism, towhich was referred HCS for HBs 205, 323 and549, begs leave to report that it has considered thesame and recommends that the Senate CommitteeSubstitute, hereto attached, do pass.

On behalf of Senator Loudon, Chairman of theCommittee on Labor and Industrial Relations,


Senator Kenney submitted the following report:

Mr. President: Your Committee on Labor andIndustrial Relations, to which was referred HB 662,begs leave to report that it has considered the sameand recommends that the Senate CommitteeSubstitute, hereto attached, do pass.

Senator Kenney, Chairman of the Committeeon Rules, Joint Rules, Resolutions and Ethics,submitted the following reports:

Mr. President: Your Committee on Rules, JointRules, Resolutions and Ethics, to which werereferred SS for SCS for SBs 510, 512 and 133;SCS No. 2 for SB 66; SS for SCS for SB 525; andSS for SCS for SB 226, begs leave to report that ithas examined the same and finds that the bills havebeen truly perfected and that the printed copiesfurnished the Senators are correct.

REFERRALS

President Pro Tem Kinder referred SCR 31 tothe Committee on Rules, Joint Rules, Resolutionsand Ethics.

RESOLUTIONS

Senator Gross offered Senate Resolution No.640, regarding Shirley Sisco, St. Charles, whichwas adopted.

Senator Bentley offered Senate Resolution No.641, regarding Otto Jonathan Reinhart Fajen,Columbia, which was adopted.

Senator Kenney offered Senate Resolution No.642, regarding Kenneth J. “Kenny” Sickman, GrainValley, which was adopted.

Senator Kenney offered Senate Resolution No.643, regarding Chris Ambrose, Blue Springs,which was adopted.

Senator Kenney offered Senate Resolution No.644, regarding Jacob Benjamin “Ben” Gray, Lee’sSummit, which was adopted.

Senator Kenney offered Senate Resolution No.645, regarding Brent Cook, Blue Springs, whichwas adopted.

Senator Caskey offered Senate Resolution No.

646, regarding the 2000-2001 Central MissouriState University Debate Team, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Gross introduced to the Senate, DaleFinke, Lake St. Louis.

Senator House introduced to the Senate, RhettHurless, Eric Rogers and Douglas Einck, Dallas,Texas.

Senator Singleton introduced to the Senate,Thelma Neff and Pachyderms from Springfield.

Senator Kenney introduced to the Senate,former Lieutenant Governor Bill Phelps, BlueSprings.

Senator Jacob introduced to the Senate, thePhysician of the Day, Dr. Richard Burns, M.D.,Columbia.

Senator Childers introduced to the Senate,George Parker, founder of Pachyderms.

Senator Stoll introduced to the Senate, sixtyfourth grade students and parents from AntoniaElementary School, Jefferson County.

Senator Sims introduced to the Senate, forty-six fifth grade students from Oak Hill School,St. Louis; and Art Zeis, Danny O’Neil, MaggieEpstein and Corinn Griesedieck were madehonorary pages.

Senator Mathewson introduced to the Senate,Rich Cole, Audrey Warman, Noble Bellis andTiffany Rodriguez, Lexington; and Audrey, Nobleand Tiffany were made honorary pages.

Senator Bentley introduced to the Senate,twenty-two eighth grade students from St. AgnesSchool, Springfield; and Alex Cadle, Luke Gray,Kathleen Kelly and Paulina Tuell were madehonorary pages.

Senator Klindt introduced to the Senate,Brandi Carder and Jill Wilkinson, Gallatin.

On behalf of Senator Cauthorn, the Presidentintroduced to the Senate, Harriet Beard, Kirksville.

Senator Johnson introduced to the Senate,Missouri’s 2001-2002 National Distinguished


Principal, Michael Otto, Principal, GradenElementary School, Park Hill; his wife, Lou andtheir sons, Andrew and Alex; his parents Ralph andAngie Otto and his sister, Stacy Nanneman,Jefferson City.

Senator Wiggins introduced to the Senate,Robert J. Young, Houston, Texas.

Senator Rohrbach introduced to the Senate, Jimand Caitlin Deeken, Abby Spieler and KaylaElliott, California.

Senator Bentley introduced to the Senate,representatives of the Southwest Missouri StateUniversity Lady Bears Basketball Organization:Coaches Cheryl Burnett, Karen Rapier, ScottNorris and Lannett Robinson; and Players JackieStiles, Tara Mitchem, Carly Deer, Erica Vicence,Erika Rante, Ann Cavey, Kinga Kiss, StephanieBuabey, Morgan Wohenberger, Melody Campbell,Tiny McMorris and Dzenata Kaolic.

Senator Schneider introduced to the Senate,Bill Rowe, Athletic Director and the architectbehind the Fabulous Lady Bears.

Senator Rohrbach introduced to the Senate,Steve Ahlers, Jeff Ahlers, Sharon McQueen, AmyYoakum, Anne Wilde and Scouts from ImmaculateConception Catholic School, Jefferson City; andConner, Koehly and Casey Ahlers, BrianMcQueen, Devin and Ian Yoakum, Seth Rackersand Cody and Brennan Wilde were made honorarypages.

Senator Bland introduced to the Senate, Dr.Bernard Taylor, Mrs. Judy Morgan and Mrs. HelenRagsdale, Kansas City.

Senator Childers introduced to the Senate, hiswife, Sue, Reeds Spring; and Albert Linhardt,Jefferson City.

On motion of Senator Kenney, the Senateadjourned under the rules.

SENATE CALENDAR______

SIXTY-SECOND DAY–THURSDAY, APRIL 26, 2001______

FORMAL CALENDAR

THIRD READING OF SENATE BILLS

SCS for SBs 69 & 458-Gross (In Budget Control)SCS for SBs 52 & 91-Childers (In Budget Control)SS for SCS for SBs 448 & 588-Sims (In Budget Control)SCS for SB 505-Loudon (In Budget Control)

SS for SCS for SBs 510, 512 & 133-KenneySCS#2 for SB 66-GibbonsSS for SCS for SB 525- CauthornSS for SCS for SB 226- Goode



1. SB 242-Kenney 2. SB 225-Mathewson, with SCS 3. SB 180-Klarich 4. SB 583-Yeckel 5. SB 488-Klindt, et al, with SCS 6. SB 387-Goode, et al, with SCS 7. SB 455-Kinder, et al, with SCS 8. SBs 334 & 228-Kinder, with SCS 9. SB 469-Gross, et al10. SB 546-Kenney, et al, with SCS

11. SB 337-House and Kinder12. SB 593-Klindt, with SCS13. SB 509-Cauthorn and Klindt14. SBs 42 & 108-Kenney, with SCS15. SB 565-Staples16. SB 596-Loudon17. SB 597-Singleton18. SB 268-Schneider, with SCS19. SBs 249 & 523-Wiggins, with SCS20. SBs 508 & 468- Cauthorn and Klindt, with SCS


1. HCS for HB 207, with SCA 1 (Childers) (In Budget Control) 2. HB 954-Hosmer (Westfall) 3. HCS for HB 13, with SCS (Russell) 4. HCS for HB 18, with SCS (Russell) 5. HCS for HB 19, with SCS (Russell) 6. HB 544-Holand and Treadway, with SCS 7. HCS for HBs 302 & 38, with SCS (Westfall) 8. HB 80-Ross, with SCS (Kenney) 9. HB 157-Hosmer, with SCS (Bentley)10. HCS for HBs 144 & 46, with SCS11. HJR 5-Barry, et al (Yeckel)

12. HB 949-Barry, with SCS (Sims)13. HS for HCS for HB 762- Barry, with SCS14. HS for HJR 11-Gambaro (Goode)15. HCS for HB 567, with SCS (Klarich)16. HB 575-O’Connor, et al, with SCS (Kenney)17. HS for HB 381-Hoppe, with SCS18. HB 444-Kreider, et al, with SCA 119. HS for HB 421-Hoppe, with SCS20. HB 385-Franklin, with SCS21. HCS for HBs 205, 323 & 549, with SCS (Childers)22. HB 662-Green (73) and St. Onge, with SCS


INFORMAL CALENDAR


SB 27-Johnson and Westfall, with SCS, SS for SCS & SA 1 (pending)SB 65-Gibbons, with SCSSBs 67 & 40-Gross, with SCSSB 68-Gross and HouseSB 99-Sims, with SCSSB 114-Loudon, with SCS, SS for SCS & SA 1 (pending)SB 184-Johnson, et al, with SS#2 (pending)SB 222-Caskey, with SA 3 & SSA 1 for SA 3 (pending)SBs 238 & 250-Staples, et al, with SCS (pending)SB 239-Stoll, with SCS & SA 11 (pending)SB 251-KinderSBs 253 & 260-Gross, with SCS (pending)

SB 331-DePasco, et al, with SCS & SS for SCS (pending)SB 373-Gibbons and Yeckel, with SCSSBs 391 & 395-Rohrbach, with SCS & SS for SCS (pending)SB 438-Bentley and Stoll, with SS, SS for SS & SA 1 (pending)SB 445-Singleton, with SCS & SS for SCS (pending)SB 454-Kinder, with SCSSBs 459, 305, 396 & 450- Westfall, with SCS & SS for SCS (pending)SB 535-Rohrbach, with SCS, SS for SCS & point of order (pending)SJR 11-Yeckel

CONSENT CALENDAR

Senate Bills

Reported 2/5

SB 143-Childers

Reported 2/19

SB 315-Childers, with SCS

Reported 3/5

SB 354-Johnson and Scott, with SCS


Reported 3/12

SB 526-Dougherty, with SCS

House Bills

Reported 4/10

HB 218-Farnen, et al (Kenney)

Reported 4/11

HB 537-Ostmann, et al (Klarich)HB 603-Hilgemann, et al, with SCS (Sims)HB 212-Ward, with SCS (Rohrbach)HB 644-Burton, with SCS (Jacob)HB 459-Liese, et al, with SCS (Rohrbach)HB 732-Hosmer (Staples)HB 693-Smith and Carnahan, with SCS (Klarich)HB 955-Green (73), with SCA 1 (Goode)HB 933-Reid (Gibbons)HB 816-Kennedy and Gambaro (Gibbons)HB 825-Kennedy (Klarich)HB 321-Skaggs, et al (Wiggins)

HB 590-Graham (Gibbons)HBs 808 & 951-Gratz and Vogel, with SCS (Rohrbach)HB 742-Harding, et al, with SCS (Johnson)HB 922-Gaskill and Bartelsmeyer (Childers)HB 909-Davis (Mathewson)HB 779-Barnett (Klindt)HB 600-Hosmer and Marsh (Bentley)HB 596-Kennedy and Gambaro (Scott)HB 502-Ward (Staples)HB 410-Holt, et al (House)HB 409-Surface (Singleton)HB 408-Kelley (47) (Kenney)HB 84-Richardson (Childers)HB 788-O’Connor (Gross)

Reported 4/12

HB 78-Kennedy and Richardson (Klarich)HB 607-Treadway, et al, with SCS (Sims)

HB 796-Hosmer, with SCS (Singleton)HB 111-Ladd Baker (Gross)HCS for HB 106 (Bland)


HB 431-Barry (Singleton)HB 52-Ward and Crump, with SCAs 1 & 2 (Staples)HB 945-Hosmer, with SCS (Bentley)HB 420-Williams, et al (Westfall)HB 458-Lawson, et al (Klindt)HB 470-Shields and Hegeman (Johnson)HBs 648, 477 & 805- Ostmann, et al, with SCS (Westfall)HB 691-Barnett, et al, with SCS (Klindt)HB 897-Kreider, et al (Klindt)HB 45-Farnen (Bentley)HB 309-McKenna, et al (Stoll)

HB 865-Davis (Caskey)HB 725-Britt (Foster)HB 881-Scott, et al, with SCS (Rohrbach)HB 606-Kennedy, et al, with SCS (Yeckel)HB 202-Rizzo, with SCS (Kenney)HB 242-Smith, with SCS (House)HB 361-Shoemyer, with SCS (Goode)HB 498-Wagner and McKenna, with SCS (Stoll)HB 679-Boykins (Sims)HB 473-Robirds, with SCS (Foster)HB 904-Merideth, et al, with SCS (Foster)

SENATE BILLS WITH HOUSE AMENDMENTS

SB 441-Caskey, with HCS SB 521-Mathewson, with HCS

BILLS IN CONFERENCE AND BILLSCARRYING REQUEST MESSAGES

In Conference

HCS for HB 2, with SCS (Russell)HCS for HB 3, with SCS (Russell)HCS for HB 4, with SCS (Russell)HCS for HB 5, with SCS (Russell)

HCS for HB 6, with SCS, as amended (Russell)HCS for HB 7, with SCS (Russell)HCS for HB 8, with SCS (Russell)HCS for HB 9, with SCS (Russell)


HCS for HB 10, with SCS, as amended (Russell)HCS for HB 11, with SCS, as amended (Russell)

HCS for HB 12, with SCS (Russell)

RESOLUTIONS

SR 345-Quick, et al SR 346-Kinder, with SA 3 & SSA 1 for SA 3 (pending)

To be Referred

SCR 32-Bland

Reported from Committee

SCR 8-Caskey, with SA 2 (pending)SCR 17-Steelman, et alHCR 16-Green and Holt (House)SR 495-Klarich, with SCS

HCR 5-Mays (Goode)HS for HCR 6-Myers (Kenney)HCR 10-Holand (Bentley)HCR 24-Boucher, with SCS (Yeckel)

Requests to Recede or Grant Conference

SS for SCR 2-Singleton, with HCS (Senate requests House recede or grant conference)

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journal of the senate · 2001. 4. 26. · scott sims singleton staples steelman stoll westfall...

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