Journal of the Senate

FIRST REGULAR SESSION

THIRTY-NINTH DAY—TUESDAY, MARCH 15, 2005

       The Senate met pursuant to adjournment.

       Senator Nodler in the Chair.

       Reverend Carl Gauck offered the following prayer:

          “For (God) is good, for his steadfast love endures forever.” (2 Chronicles 7:3b) 

          Loving Father, You keep right on blessing us even when we don’t deserve it; so we give You thanks for loving us and keeping us in Your care. Please strengthen us for the work we have to do. Help us to be loving to those who work on our behalf. And help us remember always to be grateful for Your grace, mercy, love and presence and all we owe You that sustains us each day. In Your Holy Name we pray. Amen.

       The Pledge of Allegiance to the Flag was recited.

       A quorum being established, the Senate proceeded with its business.

       Senator Shields moved that the Senate Journal for Monday, March 14, 2005, be corrected on Page 444, Column 1, in the roll call, by recording Senator Clemens as “nay” rather than “absent”; and further amend the vote totals accordingly, which motion prevailed.

       The Journal of the previous day was read and approved, as corrected.

       Senator Shields announced that photographers from KRCG-TV and Public Access Television, St. Louis, were given permission to take pictures in the Senate Chamber today.

       The following Senators were present during the day's proceedings:

          The Lieutenant Governor was present.

                                                                     RESOLUTIONS

       Senator Cauthorn offered Senate Resolution No. 693, regarding Corrections Officer I Ronald Denler, Hannibal, which was adopted.

       Senator Cauthorn offered Senate Resolution No. 694, regarding Corrections Officer I Darrell Harrison, Hannibal, which was adopted.

       Senator Cauthorn offered Senate Resolution No. 695, regarding Corrections Officer I Rebecca Caldwell, Center, which was adopted.

       Senator Cauthorn offered Senate Resolution No. 696, regarding Corrections Officer I Randy Graddy, Center, which was adopted.

MESSAGES FROM THE HOUSE

       The following message was received from the House of Representatives through its Chief Clerk:

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SS for SCS for HCS for HB 393, as amended: Representatives Byrd, Pratt, Richard, Burnett and Johnson 90.

REPORTS OF STANDING COMMITTEES

       Senator Vogel, Chairman of the Committee on Ways and Means, submitted the following reports:

       Mr. President: Your Committee on Ways and Means, to which was referred SB 464, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Ways and Means, to which was referred SB 295, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Ways and Means, to which was referred SB 310, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

       Senator Scott, Chairman of the Committee on Financial and Governmental Organizations and Elections, submitted the following report:

       Mr. President: Your Committee on Financial and Governmental Organizations and Elections, to which was referred SB 355, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on Consent Calendar.

       Senator Bartle, Chairman of the Committee on the Judiciary and Civil and Criminal Jurisprudence, submitted the following reports:

       Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 216, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 378, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 534, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 320, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 404, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 405, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 418, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 159, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which were referred SB 420 and SB 344, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 407, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

SENATE BILLS FOR PERFECTION

       Senator Purgason moved that SB 539,with SS and SA 7 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

       SA 7 was again taken up.

       Senator Purgason moved that the above amendment be adopted.

       President Kinder assumed the Chair.

       Senator Scott assumed the Chair.

       A quorum was established by the following vote:

       SA 7 was again taken up.

       President Pro Tem Gibbons assumed the Chair.

       Senator Purgason moved that SA 7 be adopted.

       Senator Dougherty requested a roll call vote be taken on the adoption of SA 7 and was joined in his request by Senators Coleman, Days, Green and Wheeler.

       SA 7 was adopted by the following vote:

       At the request of Senator Purgason, SB 539, with SS, as amended (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

       Senator Champion, Chairman of the Committee on Aging, Families, Mental and Public Health, submitted the following reports:

       Mr. President: Your Committee on Aging, Families, Mental and Public Health, to which were referred SB 74 and SB 49, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

       Also,

       Mr. President: Your Committee on Aging, Families, Mental and Public Health, to which was referred SB 95, begs leave to report that it has considered the same and recommends that the bill do pass.

       Senator Dolan, Chairman of the Committee on Transportation, submitted the following report:

       Mr. President: Your Committee on Transportation, to which was referred SB 12, begs leave to report that it has considered the same and recommends that the bill do pass.

       Senator Bartle, Chairman of the Committee on the Judiciary and Civil and Criminal Juris-prudence, submitted the following reports:

       Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which were referred SB 23 and SB 51, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

       Also,

       Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 232, begs leave to report that it has considered the same and recommends that the bill do pass.

       Senator Crowell, Chairman of the Committee on Pensions, Veterans’ Affairs and General Laws, submitted the following report:

       Mr. President: Your Committee on Pensions, Veterans’ Affairs and General Laws, to which was referred SB 319, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

RESOLUTIONS

       Senator Dougherty offered Senate Resolution No. 697, regarding the One Hundredth Birthday of Mae Overton, St. Louis, which was adopted.

       On motion of Senator Shields, the Senate recessed until 2:00 p.m.

RECESS

       The time of recess having expired, the Senate was called to order by Senator Koster.

SENATE BILLS FOR PERFECTION

       Senator Purgason moved that SB 539, with SS, as amended (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

       SS for SB 539, as amended, was again taken up.

       Senator Ridgeway assumed the Chair.

       Senator Green offered SA 8:

SENATE AMENDMENT NO. 8

       Amend Senate Substitute for Senate Bill No. 539, Page 1, Section A, Line 11 of said page, by inserting after all of said line the following:

       “103.003. As used in sections 103.003 to 103.175, the following terms mean:

       (1) “Actuarial reserves”, the necessary funding required to pay all the medical expenses for services provided to members of the plan but for which the claims have not yet been received by the claims administrator;

       (2) “Actuary”, a member of the American Academy of Actuaries or who is an enrolled actuary under the Employee Retirement Income Security Act of 1974;

       (3) “Agency”, a state-sponsored institution of higher learning, political subdivision or governmental entity or instrumentality;

       (4) “Alternative delivery health care program”, a plan of covered benefits that pays medical expenses through an alternate mechanism rather than on a fee-for-service basis. This includes, but is not limited to, health maintenance organizations and preferred provider organizations, all of which shall include chiropractic physicians licensed under chapter 331, RSMo, in the provider networks or organizations;

       (5) “Board”, the board of trustees of the Missouri consolidated health care plan;

       (6) “Claims administrator”, an agency contracted to process medical claims submitted from providers or members of the plan and their dependents;

       (7) “Coordination of benefits”, to work with another group-sponsored health care plan which also covers a member of the plan to ensure that both plans pay their appropriate amount of the health care expenses incurred by the member;

       (8) “Covered benefits”, a schedule of covered services, including chiropractic services, which are payable under the plan;

       (9) “Employee”, any person employed full time by the state or a participating member agency, or a person eligible for coverage by a state-sponsored retirement system or a retirement system sponsored by a participating member agency of the plan, except for state senators and representatives;

       (10) “Evidence of good health”, medical information supplied by a potential member of the plan that is reviewed to determine the financial risk the person represents to the plan and the corresponding determination of whether or not he or she should be accepted into the plan;

       (11) “Health care plan”, any group medical benefit plan providing coverage on an expense-incurred basis, any HMO, any group service or indemnity contract issued by a health plan of any type or description;

       (12) “Medical benefits coverages” shall include services provided by chiropractic physicians as well as physicians licensed under chapter 334, RSMo;

       (13) “Medical expenses”, costs for services performed by a provider and covered under the plan;

       (14) “Missouri consolidated health care plan benefit fund account”, the benefit trust fund account containing all payroll deductions, payments, and income from all sources for the plan;

       (15) “Officer”, an elected official of the state of Missouri;

       (16) “Participating member agency”, a state-sponsored institution of higher learning, political subdivision or governmental entity that has elected to join the plan and has been accepted by the board;

       (17) “Plan year”, a twelve-month period designated by the board which is used to calculate the annual rate categories and the appropriate coverage;

       (18) “Provider”, a physician, hospital, pharmacist, psychologist, chiropractic physician or other licensed practitioner who or which provides health care services within the respective scope of practice of such practitioner pursuant to state law and regulation;

       (19) “Retiree”, a person who is not an employee and is receiving or is entitled to receive an annuity benefit from a state-sponsored retirement system or a retirement system of a participating member agency of the plan or becomes eligible for retirement benefits because of service with a participating member agency.”; and

       Further amend said bill, page 101, section B, line 3 of said page, by inserting after all of said line the following:

       “Section C. The repeal and reenactment of section 103.003 shall become effective January 1, 2006.”; and

       Further amend the title and enacting clause accordingly.

       Senator Green moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Bray, Callahan, Kennedy and Wilson.

       SA 8 failed of adoption by the following vote:

       Senator Green offered SA 9:

SENATE AMENDMENT NO. 9

       Amend Senate Substitute for Senate Bill No. 539, Page 53, Section 208.225, Line 16, by inserting after all of said line the following:

       “208.230. 1. Any applicant for health care benefits under the provisions of this chapter, and any person requesting uncompensated care in a hospital shall identify the employer or employers of the proposed beneficiary of the health care benefits in the application or to the hospital. In the event the proposed public health program beneficiary is not employed, the applicant shall identify the employer or employers of any adult who is responsible for providing all or some of the proposed beneficiary's support. Any hospital providing uncompensated care shall forward the name of the employer or employers to the department of social services.

       2. On or before January 1 of each year, the department of social services shall transmit to the general assembly a report identifying all employers identified pursuant to the requirements in subsection 1 of this section who employ twenty-five or more public health program beneficiaries for a period one year prior to the report and in accordance with the confidentiality requirements of section 630.140, RSMo. In determining whether the twenty-five employee threshold is met, the department of social services shall include all public health program beneficiaries employed by the employer and its subsidiaries at all locations within the state. The report shall include each employer's name, and as appropriate, the names of its subsidiaries that employ public health program beneficiaries, location, the total number of its employees and dependents who are enrolled in each state-funded health care program, and the total cost to the state of providing public health care benefits for the employees and enrolled dependents of each named employer. In addition to filing the report with the general assembly, the department shall make the report available to the public through its Internet website.

       3. Any member of the public has a right to request and receive a copy of the report published pursuant to subsection 2 of this section.

       4. As used in this section, the term "proposed beneficiary" means any individual who files an application for benefits or hospital care for himself or herself; or any other individual on whose behalf an application is filed, including but not limited to children or other dependents of the applicant or other individual for whom the application is filed.”; and

       Further amend the title and enacting clause accordingly. 

       Senator Green moved that the above amendment be adopted, which motion failed.

       Senator Wilson offered SA 10, which was read:

SENATE AMENDMENT NO. 10

       Amend Senate Substitute for Senate Bill No. 539, Page 28, Section 208.152, Line 9 of said page, by striking the opening bracket “[”; and further amend line 12 of said page, by striking the closing bracket “]”; and further amend said section by renumbering the remaining subdivisions accordingly.

       Senator Wilson moved that the above amendment be adopted and requested a roll call vote be taken. She was joined in her request by Senators Coleman, Days, Dougherty and Green.

       SA 10 failed of adoption by the following vote:

       Senator Griesheimer assumed the Chair.

       Senator Dougherty offered SA 11, which was read:

SENATE AMENDMENT NO. 11

       Amend Senate Substitute for Senate Bill No. 539, Page 67, Section 453.073, Lines 5-8 of said page, by striking all of said lines.

       Senator Dougherty moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Bray, Callahan, Coleman and Green.

       SA 11 failed of adoption by the following vote:

          Senator Days offered SA 12, which was read:

SENATE AMENDMENT NO. 12

       Amend Senate Substitute for Senate Bill No. 539, Page 37, Section 208.152, Line 25 of said page, by striking the opening bracket “[”; and further amend line 27 of said page, by striking the closing bracket “]”; and further amend lines 27-28 by striking all of the underlined language; and

       Further amend said bill and section, page 38, line 1 of said page, by striking all of the underlined language.

       Senator Days moved that the above amendment be adopted and requested a roll call vote be taken. She was joined in her request by Senators Bray, Coleman, Green and Wilson.

       SA 12 failed of adoption by the following vote:

       Senator Gibbons offered SA 13, which was read:

SENATE AMENDMENT NO. 13

       Amend Senate Substitute for Senate Bill No. 539, Page 11, Section 208.014, Line 22 of said page, by inserting immediately after “et seq.)” the following: “, which shall sunset on June 30, 2008”.

       Senator Gibbons moved that the above amendment be adopted.

       Senator Dougherty requested a roll call vote be taken on the adoption of SA 13 and was joined in his request by Senators Bray, Days, Gibbons and Wilson.

       SA 13 was adopted by the following vote: