Journal of the Senate

SECOND REGULAR SESSION

SIXTY-NINTH DAY--MONDAY, MAY 11, 1998

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Our Father in Heaven, the Psalmist said, "My strength is from the Lord." We pray for strength to overcome our weaknesses, our prejudices, our temptations and our selfishness. Give us strength to remain calm, to be loving and to do our best work. In Jesus Name we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

Senator Johnson assumed the Chair.

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

The Journal of the previous day was read and approved.

Senator Quick announced that photographers from KRCG-TV, the Associated Press and the Senate had been given permission to take pictures in the Senate Chamber today.

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

RESOLUTIONS

Senator Lybyer offered Senate Resolution No. 1884, regarding Evelyn Clough, Linn, which was adopted.

Senator DePasco offered Senate Resolution No. 1885, regarding Phi Tau Omega Sorority, which was adopted.

HOUSE BILLS ON THIRD READING

Senator Goode moved that HB 1928 be called from the Consent Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

Senator Goode requested unanimous consent of the Senate to suspend the rules for the purpose of offering an amendment, which request was granted.

Senator Goode offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend House Bill No. 1928, Page 1, Section 701.031, Line 8, by striking the word "six" and inserting in lieu thereof the following: "three".

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

On motion of Senator Goode, HB 1928, as amended, was read the 3rd time and passed by the following vote:

The President declared the bill passed.

On motion of Senator Goode, title to the bill was agreed to.

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

Senator Caskey moved that motion lay on the table, which motion prevailed.

PRIVILEGED MOTIONS

Having voted on the prevailing side, Senator Caskey moved that the vote by which the conference committee report on HCS for SB 883, as amended, was defeated be reconsidered, which motion prevailed by the following vote:

Senator Staples moved that the conference committee report on HCS for SB 883, as amended, be adopted, which motion prevailed by the following vote:

On motion of Senator Staples, CCS for HCS for SB 883, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 883

An Act to repeal sections 43.030, 226.040 and 226.140, RSMo 1994, and sections 71.288 and 226.005, RSMo Supp. 1997, relating to transportation, and to enact in lieu thereof seven new sections relating to the same subject.

Was read the 3rd time and passed by the following vote:

The President declared the bill passed.

On motion of Senator Staples, title to the bill was agreed to.

Senator Staples moved that the vote by which the bill passed be reconsidered.

Senator Quick moved that motion lay on the table, which motion prevailed.

Senator DePasco moved that SB 761, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 761, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 761An Act to repeal sections 169.322 and 169.350, RSMo 1994, and sections 169.270, 169.291, 169.324, 169.326, 169.328 and 169.597, RSMo Supp. 1997, relating to certain school retirement systems, and to enact in lieu thereof eight new sections relating to the same subject.

Was taken up.

Senator DePasco moved that HCS for SB 761 be adopted, which motion prevailed by the following vote:

On motion of Senator DePasco, HCS for SB 761 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

On motion of Senator DePasco, title to the bill was agreed to.

Senator DePasco moved that the vote by which the bill passed be reconsidered.

Senator Quick moved that motion lay on the table, which motion prevailed.

Bill ordered enrolled.

HOUSE BILLS ON THIRD READING

Senator Maxwell moved that HB 893, with SCS, SS for SCS and SA 7 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SA 7 was again taken up.

At the request of Senator Banks, the above amendment was withdrawn.

Senator Schneider offered SA 8:

SENATE AMENDMENT NO. 8

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 893, Page 1, Section A, Line 5 of said page, by inserting immediately after all of said line the following:

"105.450. As used in sections 105.450 to 105.496 and sections 105.955 to 105.963, unless the context clearly requires otherwise, the following terms mean:

(1) "Adversary proceeding", any proceeding in which a record of the proceedings may be kept and maintained as a public record at the request of either party by a court reporter, notary public or other person authorized to keep such record by law or by any rule or regulation of the agency conducting the hearing; or from which an appeal may be taken directly or indirectly, or any proceeding from the decision of which any party must be granted, on request, a hearing de novo; or any arbitration proceeding; or a proceeding of a personnel review board of a political subdivision; or an investigative proceeding initiated by an official, department, division, or agency which pertains to matters which, depending on the conclusion of the investigation, could lead to a judicial or administrative proceeding being initiated against the party by the official, department, division or agency;

(2) "Business entity", a corporation, association, firm, partnership, proprietorship, or business entity of any kind or character;

(3) "Business with which a person is associated":

(a) Any sole proprietorship owned by himself or herself, the person's spouse or any dependent child in the person's custody;

(b) Any partnership or joint venture in which the person or the person's spouse is a partner, other than as a limited partner of a limited partnership, and any corporation or limited partnership in which the person is an officer or director or of which either the person or the person's spouse or dependent child in the person's custody whether singularly or collectively owns in excess of ten percent of the outstanding shares of any class of stock or partnership units; or

(c) Any trust in which the person is a trustee or settlor or in which the person or the person's spouse or dependent child whether singularly or collectively is a beneficiary or holder of a reversionary interest of ten percent or more of the corpus of the trust;

(4) "Commission", the Missouri ethics commission established in section 105.955;

(5) "Confidential information", all information whether transmitted orally or in writing which is of such a nature that it is not, at that time, a matter of public record or public knowledge;

(6) "Decision-making public servant", an official, appointee or employee of the offices or entities delineated in paragraphs (a) through [(h)] (i) of this subdivision who exercises supervisory authority over the negotiation of contracts, or has the legal authority to adopt or vote on the adoption of rules and regulations with the force of law or exercises primary supervisory responsibility over purchasing decisions. The following officials or entities shall be responsible for designating a decision-making public servant and shall themselves be decision-making public servants:

(a) The governing body of the political subdivision with a general operating budget in excess of one million dollars;

(b) A department, division or agency director;

(c) A judge vested with judicial power by article V of the Constitution of the state of Missouri;

(d) Any commission empowered by interstate compact;

(e) A statewide elected official;

(f) The speaker of the house of representatives;

(g) The president pro tem of the senate;

(h) The board of regents or board of curators, president or chancellor of a state institution of higher education;

(i) A state commission or board;

(7) "Dependent child" or "dependent child in the person's custody", all children, stepchildren, foster children and wards under the age of eighteen residing in the person's household and who receive in excess of fifty percent of their support from the person;

(8) "Political subdivision" shall include any political subdivision of the state, and any special district or subdistrict;

(9) "Public document", a state tax return or a document or other record maintained for public inspection without limitation on the right of access to it and a document filed in a juvenile court proceeding;

(10) "Substantial interest", ownership by the individual, the individual's spouse, or the individual's dependent children, whether singularly or collectively, directly or indirectly, of ten percent or more of any business entity, or of an interest having a value of ten thousand dollars or more, or the receipt by an individual, the individual's spouse or the individual's dependent children, whether singularly or collectively, of a salary, gratuity, or other compensation or remuneration of five thousand dollars, or more, per year from any individual, partnership, organization, or association within any calendar year;

(11) "Substantial personal or private interest in any measure, bill, order or ordinance", any interest in a measure, bill, order or ordinance which results from a substantial interest in a business entity."; and

Further amend the title and enacting clause accordingly.

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

Senator Schneider offered SA 9:

SENATE AMENDMENT NO. 9

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 893, Page 15, Section 130.021, Line 21 of said page, by inserting immediately after all of said line the following:

"[130.037. Any candidate may file a supplemental report containing information required pursuant to section 130.041, for the purposes of this section. Candidates whose supplemental report filed within thirty days of August 28, 1997, or whose report filed pursuant to subdivision (2) of subsection 1 of section 130.046 reflects outstanding obligations in excess of moneys on hand, may convert their campaign committee to a debt service committee as provided in this section. If a debt service committee is formed, the committee may accept contributions from any person as long as the aggregate contribution from such person does not exceed the limits set, pursuant to section 130.032, for the aggregating period, pursuant to subdivision (1) of subsection 2 of section 130.041, in which the debt was incurred. A person who contributes to a debt service committee of a candidate may also contribute to the candidate's campaign committee for a succeeding election up to the amounts specified in section 130.032. The treasurer and the candidate shall terminate the debt service committee pursuant to section 130.021 when the contributions received exceed the amount of the debt, and within thirty days the committee shall file disclosure reports pursuant to section 130.041 and shall return any excess moneys received to the contributor or contributors, if known, otherwise such moneys shall escheat to the state. No debt service committee shall be in existence more than eighteen months.] Only for the purposes of satisfying debt accrued in an election, contributions accepted within twelve months after a general election by a candidate for such office shall be attributed to that election for purposes of this chapter."; and

Further amend the title and enacting clause accordingly.

Senator Schneider moved that the above amendment be adopted.

Senator Mathewson assumed the Chair.

Senator Flotron offered SA 1 to SA 9, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 9

Amend Senate Amendment No. 9 to Senate Substitute for Senate Committee Substitute for House Bill No. 893, Page 2, Section 130.037, Lines 7-12, by deleting said line and inserting in lieu thereof the following: "shall escheat to the state."; and

Senator Flotron moved that the above amendment be adopted.

At the request of Senator Flotron, SA 1 to SA 9 was withdrawn.

At the request of Senator Schneider, SA 9 was withdrawn.

Senator Maxwell offered SA 10:

SENATE AMENDMENT NO. 10

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 893, Page 31, Section 130.059, Line 9 of said page, by inserting immediately after said line the following:

"Section 1. A respondent party who prevails in a formal, administrative action brought by the ethics commission shall be awarded those reasonable fees and expenses incurred by that party in the formal administrative action, unless a court finds that the position of the commission was substantially justified or that special circumstances make such an award unjust."; and

Further amend the title and enacting clause accordingly.

Senator Maxwell moved that the above amendment be adopted, which motion prevailed.

Senator Schneider offered SA 11:

SENATE AMENDMENT NO. 11

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 893, Page 28, Section 130.057, Line 24 of said page, by inserting immediately after the word "commission" the following: ", and such computer program shall be adaptable to and be able to run on DOS, Windows, Macintosh based personal computers and run on any other common personal computer operating environment which may become available in the future.".

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

Senator Schneider offered SA 12, which was read:

SENATE AMENDMENT NO. 12

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 893, Page 28, Section 130.057.3., Lines 6 to 21, by striking all the brackets and bold face type appearing therein.

Senator Schneider moved that the above amendment be adopted.

President Wilson assumed the Chair.

Senator Mathewson assumed the Chair.

At the request of Senator Maxwell, HB 893, with SCS, SS for SCS and SA 12 (pending), was placed on the Informal Calendar.

Senator Quick requested unanimous consent of the Senate to suspend the rules for the purpose of Introductions of Guests, which request was granted.

INTRODUCTIONS OF GUESTS

The President introduced to the Senate, Mr. Sergei Alekseyevich Vakhrukov, Mr. Sergei Yevgenevich Korepanov, Mr. Anatoliy Yakovlevich Zelikov, Mr. Ivan Zigmundovich Zelent, Mr. Ivan Vasilevich Chetin, Mr. Zaurbi Akhmedovich Nakhushev, Ms. Yelena Vasilevna Volkova and Ms. Raisa Stepanovna Boldyreva, members of a USIA Project for the Federation Council, Russian Federation.

HOUSE BILLS ON THIRD READING

Senator Maxwell moved that HCS for HB 1197, with SCS, SA 4 and SSA 1 for SA 4 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

At the request of Senator Schneider, SSA 1 for SA 4 was withdrawn.

At the request of Senator Ehlmann, SA 4 was withdrawn.

At the request of Senator Maxwell, HCS for HB 1197, with SCS, as amended, (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

Senator Goode, Chairman of the Committee on Commerce and Environment, submitted the following reports:

Mr. President: Your Committee on Commerce and Environment, to which was referred HB 1489, 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 Commerce and Environment, to which was referred HCS for HB 1038, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

RESOLUTIONS

Senator Sims offered Senate Resolution No. 1886, regarding Jack L. Pierson, Richmond Heights, which was adopted.

Senator Kenney offered Senate Resolution No. 1887, regarding Jeffery L. "Jeff" Burnside, Independence, which was adopted.

Senator McKenna offered Senate Resolution No. 1888, regarding Aaron Micah Wynn, Crystal City, which was adopted.

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

RECESS

The time of recess having expired, the Senate was called to order by President Pro Tem McKenna.

Senator Scott assumed the Chair.

CONFERENCE COMMITTEE REPORTS

Senator Staples, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HBs 1681 and 1342, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1681 & 1342

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1681 and 1342, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position on House Committee Substitute for House Bills Nos. 1681 and 1342;

2. That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1681 and 1342, as amended;

3. That the attached Conference Committee Substitute be adopted.

FOR THE SENATE: FOR THE HOUSE:

/s/ Danny Staples /s/ Don Koller

/s/ Bill McKenna /s/ Gary Wiggins

/s/ Jim Mathewson /s/ Sam Leake

/s/ Walt Mueller /s/ Bill Foster

/s/ Franc Flotron /s/ Bonnie Sue Cooper

Senator Staples moved that the above conference committee report be adopted, which motion prevailed by the following vote:

On motion of Senator Staples, CCS for SCS for HCS for HBs 1681 and 1342, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR SENATE COMMITTEE SUBSTITUTE FOR HOUSE COMMITTEE SUBSTITUTE FOR HOUSE BILLS NOS. 1681 & 1342

An Act to repeal sections 43.030, 226.040 and 226.140, RSMo 1994, and sections 71.288 and 226.005, RSMo Supp. 1997, relating to transportation, and to enact in lieu thereof seven new sections relating to the same subject.

Was read the 3rd time and passed by the following vote:

The President declared the bill passed.

On motion of Senator Staples, title to the bill was agreed to.

Senator Staples moved that the vote by which the bill passed be reconsidered.

Senator Quick moved that motion lay on the table, which motion prevailed.

Senator Banks, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HB 1052, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1052

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Committee Substitute for House Bill No. 1052, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position on House Bill No. 1052;

2. That the Senate recede from its position on Senate Committee Substitute for House Bill No. 1052;

3. That the attached Conference Committee Substitute be adopted.

FOR THE SENATE: FOR THE HOUSE:

/s/ J.B. "Jet" Banks /s/ Louis Ford

/s/ Phil B. Curls, Sr. /s/ David L. Reynolds

/s/ Ken Jacob /s/ Mark L. Richardson

/s/ Marvin Singleton /s/ Phil Wannenmacher

/s/ Roseann Bentley /s/ Fletcher Daniels

Senator Banks moved that the above conference committee report be adopted, which motion prevailed by the following vote:

On motion of Senator Banks, CCS for SCS for HB 1052, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR SENATE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 1052

An Act to repeal sections 32.105 and 32.111, RSMo Supp. 1997, and section 10 as enacted by senate bill no. 1 of the second extraordinary session of the eighty-ninth general assembly and approved by the governor, relating to the workfare renovation project, and to enact in lieu thereof six new sections relating to the same subject.

Was read the 3rd time and finally passed by the following vote:

The President declared the bill passed.

On motion of Senator Banks, title to the bill was agreed to.

Senator Banks moved that the vote by which the bill passed be reconsidered.

Senator Quick moved that motion lay on the table, which motion prevailed.

MESSAGES FROM THE HOUSE

The following messages were 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 House has adopted SS No. 2 for HJR 39 and has again taken up and passed SS No. 2 for HJR 39.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1907 and has again taken up and passed SCS for HB 1907.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1859 and has again taken up and passed SCS for HB 1859.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted HCR 27.

HOUSE CONCURRENT RESOLUTION NO. 27

BE IT RESOLVED that the members of the Missouri House of Representatives of the Eighty-ninth General Assembly, Second Regular Session, the Senate concurring therein, that the Missouri Committee on Legislative Research shall prepare and cause to be collated, indexed, printed and bound all acts and resolutions of the Eighty-ninth General Assembly, Second Regular Session, and shall examine the printed copies and compare them with and correct the same by the original rolls, together with an attestation under the hand of the Revisor of Statutes that he has compared the same with the original rolls in his office and has corrected the same thereby; and

BE IT FURTHER RESOLVED that the size and quality of the paper and binding shall be substantially the same as used in prior session laws and the size and style of type shall be determined by the Revisor of Statutes; and

BE IT FURTHER RESOLVED that the Joint Committee on Legislative Research is authorized to print and bind copies of the acts and resolutions of the Eighty-ninth General Assembly, Second Regular Session, with appropriate indexing; and

BE IT FURTHER RESOLVED that the Revisor of Statutes is authorized to determine the number of copies to be printed.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted SCR 31.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted SCR 43.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted SCR 36.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted SCR 39.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on SB 945, as amended, and grants the Senate a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HS for HCS for SB 487, as amended, and grants the Senate a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HCS for SB 883 and has taken up and passed CCS for HCS for SB 883.

CONFERENCE COMMITTEE APPOINTMENTS

President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SB 945, with HA 1: Senators Howard, Caskey, Lybyer, Childers and Sims.

CONFERENCE COMMITTEE REPORTS

Senator McKenna, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SB 739, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 739

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Committee Substitute for Senate Bill No. 739; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position on House Committee Substitute for Senate Bill No. 739;

2. That the Senate recede from its position on Senate Bill No. 739;

3. That Conference Committee Substitute for House Committee Substitute for Senate Bill No. 739 be truly agreed to and finally passed.

FOR THE SENATE: FOR THE HOUSE:

/s/ Bill McKenna /s/ Stephen Stoll

/s/ Danny Staples /s/ M. E. Johnson

/s/ Ken Jacob /s/ Christopher Liese

/s/ Roseann Bentley /s/ Mary Lou Sallee

/s/ Morris Westfall /s/ Don Summers

Senator McKenna moved that the above conference committee report be adopted, which motion prevailed by the following vote:

Senator Staples assumed the Chair.

On motion of Senator McKenna, CCS for HCS for SB 739, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 739

An Act to repeal section 64.241, RSMo 1994, relating to regulation of subdivisions, and to enact in lieu thereof three new sections relating to the same subject.

Was read the 3rd time and passed by the following vote:

The President declared the bill passed.

On motion of Senator McKenna, title to the bill was agreed to.

Senator McKenna moved that the vote by which the bill passed be reconsidered.

Senator Quick moved that motion lay on the table, which motion prevailed.

Senator Quick announced that photographers from KOMU-TV had been given permission to take pictures in the Senate Chamber today.

REPORTS OF STANDING COMMITTEES

Senator Scott, Chairman of the Committee on State Budget Control, submitted the following report:

Mr. President: Your Committee on State Budget Control, to which were referred HS for HCS for HBs 1601, 1591, 1592, 1479 and 1615 and HCS for HBs 1094, 1213, 1311 and 1428, with SCS, begs leave to report that it has considered the same and recommends that the bill do pass.

PRIVILEGED MOTIONS

Senator Bentley moved that the Senate refuse to recede from its position on SCS for HB 1683, as amended, and grant the House a conference thereon, which motion prevailed.

Senator Bentley moved that the Senate refuse to recede from its position on SCS for HB 1272 and grant the House a conference thereon, which motion prevailed.

HOUSE BILLS ON THIRD READING

HS for HCS for HBs 1601, 1591, 1592, 1479 and 1615 and HCS for HBs 1094, 1213, 1311 and 1428, with SCS, entitled respectively:

An Act to repeal sections 337.010, 337.025 and 337.033, RSMo 1994, and sections 329.140, 337.020, 337.029 and 337.045, RSMo Supp. 1997, relating to the regulation of certain professions, and to enact in lieu thereof twenty-four new sections relating to the same subject, with penalty provisions.

An Act to repeal sections 334.738, 334.741 and 334.742, RSMo 1994, and sections 329.265, 334.735, 334.736, 334.740, 334.749, 339.710, 339.720, 339.730, 339.740, 339.770, 339.780, 339.800, 339.810, 339.820 and 339.830, RSMo Supp. 1997, relating to regulation and licensing of certain professionals, and to enact in lieu thereof twenty new sections relating to the same subject, with an effective date for certain sections.

Were taken up by Senator Scott.

SCS for HS for HCS for HBs 1601, 1591, 1592, 1479 and 1615 and HCS for HBs 1094, 1213, 1311 and 1428, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1601, 1591, 1592, 1479 and 1615 AND

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1094, 1213, 1311 and 1428

An Act to repeal sections 334.738, 334.741, 334.742, 337.010, 337.025, 337.033, 339.503, 339.505, 339.509, 339.511, 339.513, 339.515, 339.517, 339.519, 339.523, 339.527, 339.529, 339.530, 339.532 and 339.545, RSMo 1994, and sections 329.140, 329.265, 330.010, 334.735, 334.736, 334.740, 334.749, 337.020, 337.029, 337.045, 339.507, 339.710, 339.720, 339.730, 339.740, 339.770, 339.780, 339.800, 339.810, 339.820 and 339.830, RSMo Supp. 1997, relating to the regulation of certain professions, and to enact in lieu thereof ninety-nine new sections relating to the same subject, with penalty provisions and an effective date for certain sections.

Was taken up.

Senator Scott moved that SCS for HS for HCS for HBs 1601, 1591, 1592, 1479 and 1615 and HCS for HBs 1094, 1213, 1311 and 1428 be adopted.

Senator Johnson offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 18, Section 330.010, Line 27, by inserting after all of said line the following:

"334.010. 1. It shall be unlawful for any person not now a registered physician within the meaning of the law to practice medicine or surgery in any of its departments, to engage in the practice of medicine across state lines or to profess to cure and attempt to treat the sick and others afflicted with bodily or mental infirmities, or engage in the practice of midwifery in this state, except as herein provided.

2. For the purposes of this chapter, the practice of medicine across state lines shall mean:

(1) The rendering of a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient within this state by a physician located outside this state as a result of transmission of individual patient data by electronic or other means from within this state to such physician or physician's agent; or

(2) The rendering of treatment to a patient within this state by a physician located outside this state as a result of transmission of individual patient data by electronic or other means from within this state to such physician or physician's agent.

3. A physician located outside of this state shall not be required to obtain a license when:

(1) In consultation with a physician licensed to practice medicine in this state; and

(2) The physician licensed in this state retains ultimate authority and responsibility for the diagnosis or diagnoses and treatment in the care of the patient located within this state; or

(3) Evaluating a patient or rendering an oral, written or otherwise documented medical opinion, or when providing testimony or records for the purpose of any civil or criminal action before any judicial or administrative proceeding of this state or other forum in this state; or

(4) Participating in a utilization review pursuant to section 376.1350, RSMo."; and

Further amend the title and enacting clause accordingly.

Senator Johnson moved that the above amendment be adopted, which motion prevailed.

Senator McKenna offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 70, Section 339.855, Line 5, by inserting immediately after said line the following:

"345.010. [This chapter] Sections 345.010 to 345.080 may be cited as the "Licensure Act for Speech-Language Pathologists and [Clinical] Audiologists".

345.015. As used in [this chapter] sections 345.010 to 345.080, the following terms mean:

(1) ["Audiology", the application of principles, methods and procedures related to hearing and the disorders of hearing and to related language and speech disorders. "Disorders" include any and all conditions, whether of organic or nonorganic origin, peripheral or central, that impede the normal process of human communication including, but not limited to, disorders of auditory sensitivity, acuity, function or processing;] "Audiologist", a person who is licensed as an audiologist pursuant to sections 345.010 to 345.080 to practice audiology;

(2) "Audiology aide", a person who is registered as an audiology aide by the board, who does not act independently but works under the direction and supervision of a licensed audiologist. Such person assists the audiologist with activities which require an understanding of audiology but do not require formal training in the relevant academics. To be eligible for registration by the board, each applicant shall submit a registration fee, be of good moral and ethical character; and:

(a) Be at least eighteen years of age;

(b) Furnish evidence of the person's educational qualifications which shall be at a minimum:

a. Certification of graduation from an accredited high school or its equivalent; and

b. On the job training;

(c) Be employed in a setting in which direct and indirect supervision are provided on a regular and systematic basis by a licensed audiologist. However, the aide shall not administer or interpret hearing screening or diagnostic tests, fit or dispense hearing instruments, make ear impressions, make diagnostic statements, determine case selection, present written reports to anyone other than the supervisor without the signature of the supervisor, make referrals to other professionals or agencies, use a title other than speech-language pathology aide or clinical audiology aide, develop or modify treatment plans, discharge clients from treatment or terminate treatment, disclose clinical information, either orally or in writing, to anyone other than the supervising speech-language pathologist/ audiologist, or perform any procedure for which he or she is not qualified, has not been adequately trained or both;

[(2)] (3) "Board", the state board of registration for the healing arts;

(4) "Clinical fellowship", the supervised professional employment period following completion of the academic and practicum requirements of an accredited training program as defined in sections 345.010 to 345.080;

[(3)] (5) "Commission", the advisory commission for speech-language pathologists and [clinical] audiologists;

(6) "Hearing instrument" or "hearing aid", any wearable device or instrument designed for or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments or accessories, including ear molds, but excluding batteries, cords, receivers and repairs;

[(4)] (7) "Person", any individual, organization, or corporate body, except that only individuals may be licensed [under this chapter] pursuant to sections 345.010 to 345.080;

[(5) "Practice of audiology":

(a) Rendering or offering to render to individuals or groups of individuals who have, or are suspected of having, disorders of hearing, any service in audiology, including prevention, identification, evaluation, interpretation, consultation, habilitation, rehabilitation, instruction and research;

(b) Participating in hearing conservation, hearing aid and assistive listening device evaluation, prescription, preparation and orientation;

(c) Fabricating ear molds;

(d) Providing auditory training and speech reading;

(e) Conducting assessment, monitoring and consultation of evoked nerve potentials;

(f) Conducting tests of vestibular function;

(g) Evaluating tinnitus; and

(h) Planning, directing, conducting or supervising services.

The practice of audiology may include speech or language screening limited to a pass/fail determination, for the purpose of initial identification of individuals with other disorders of communication;

(6) "Practice of speech-language pathology":

(a) Rendering or offering to render to individuals or groups of individuals who have, or are suspected of having, disorders of communication, any service in speech-language pathology including prevention, identification, evaluation, consultation, habilitation, rehabilitation, instruction and research;

(b) Determining the need for personal augmentative communication systems, recommending such systems; and

(c) Planning, directing, conducting or supervising services.

The practice of speech-language pathology may include puretone air conduction hearing screening, screening tympanometry and acoustic reflex screening, limited to a pass/fail determination, for the purpose of performing a speech and language evaluation or for the initial identification of individuals with other disorders of communication. The practice of speech-language pathology may also include "aural rehabilitation" which is defined as services and procedures for facilitating adequate receptive and expressive communication in individuals with hearing impairment;

(7) "Clinical audiologist", any person who, for a fee, represents himself to the public by title or description of services, methods, or procedures as one who evaluates, examines, treats, or counsels persons suffering from disorders or conditions affecting the hearing or audition. A person is deemed to be an audiologist if he provides such services to the public under any title incorporating such terms as "audiology", "audiologist", "audiological", "hearing clinic", "hearing clinician", "hearing therapist", or any similar titles not otherwise permitted by law;

(8) "Speech-language pathologist", any person who, for a fee, represents himself to the public by title, description of services, methods, or procedures as one who evaluates, examines, treats, or counsels persons suffering from conditions or disorders affecting speech, voice and language. A person is deemed to be a speech-language pathologist, if the person offers such services under any title incorporating such words as "speech-language pathologist", "speech pathologist", "speech therapy", "speech correction", "speech correctionist", "speech therapist", "speech clinic", "speech clinician", "logopedist", "communicologist", "language therapist", "language clinician", "voice pathologist", "phoniatrist", or any similar titles;

(9) "Speech-language pathology", the application of principles, methods and procedures related to the development and disorders of human communication. "Disorders" include any and all conditions, whether of organic or nonorganic origin, that impede the normal process of human communication including, but not limited to, disorders and related disorders of speech articulation, fluency, voice, verbal and written language, auditory comprehension, cognition/communication, and oral, pharyngeal or laryngeal sensorimotor competencies;

(10) "Speech pathology aide" and "audiology aide", any person meeting the minimum requirements to be established by the state committee of examiners for speech-language pathology and audiology, who works directly under the supervision of a licensed speech-language pathologist or clinical audiologist, respectively.]

(8) "Practice of audiology":

(a) The application of accepted audiologic principles, methods and procedures for the measurement, testing, interpretation, appraisal and prediction related to disorders of the auditory system, balance system or related structures and systems;

(b) Provides consultation, counseling to the patient, client, student, their family or interested parties;

(c) Provides academic, social and medical referrals when appropriate;

(d) Provides for establishing goals, implementing strategies, methods and techniques, for habilitation, rehabilitation or aural rehabilitation, related to disorders of the auditory system, balance system or related structures and systems;

(e) Provides for involvement in related research, teaching or public education;

(f) Provides for rendering of services or participates in the planning, directing or conducting of programs which are designed to modify audition, communicative, balance or cognitive disorder, which may involve speech and language or education issues;

(g) Provides and interprets behavioral and neurophysiologic measurements of auditory balance, cognitive processing and related functions, including intraoperative monitoring;

(h) Provides involvement in any tasks, procedures, acts or practices that are necessary for evaluation of audition, hearing, training in the use of amplification or assistive listening devices;

(i) Provides selection and assessment of hearing instruments;

(j) Provides for taking impressions of the ear, making custom earmolds, ear plugs, swim molds and industrial noise protectors;

(k) Provides assessment of external ear and cerumen management;

(l) Provides advising, fitting, mapping assessment of implantable devices such as cochlear or auditory brain stem devices;

(m) Provides information in noise control and hearing conservation including education, equipment selection, equipment calibration, site evaluation and employee evaluation;

(n) Provides performing basic speech-language screening test;

(o) Provides involvement in social aspects of communication, including challenging behavior and ineffective social skills, lack of communication opportunities;

(p) Provides support and training of family members and other communication partners for the individual with auditory balance, cognitive and communication disorders;

(q) Provides aural rehabilitation and related services to individuals with hearing loss and their families;

(r) Evaluates, collaborates and manages audition problems in the assessment of the central auditory processing disorders and providing intervention for individuals with central auditory processing disorders;

(s) Develops and manages academic and clinical problems in communication sciences and disorders;

(t) Conducts, disseminates and applies research in communication sciences and disorders;

(9) "Practice of speech-language pathology":

(a) Provides screening, identification, assessment, diagnosis, treatment, intervention, including but not limited to, prevention, restoration, amelioration and compensation, and follow-up services for disorders of:

a. Speech: articulation, fluency, voice, including respiration, phonation and resonance;

b. Language, involving the parameters of phonology, morphology, syntax, semantics and pragmatic; and including disorders of receptive and expressive communication in oral, written, graphic and manual modalities;

c. Oral, pharyngeal, cervical esophageal and related functions, such as, dysphagia, including disorders of swallowing and oral functions for feeding; orofacial myofunctional disorders;

d. Cognitive aspects of communication, including communication disability and other functional disabilities associated with cognitive impairment;

e. Social aspects of communication, including challenging behavior, ineffective social skills, lack of communication opportunities;

(b) Provides consultation and counseling and makes referrals when appropriate;

(c) Trains and supports family members and other communication partners of individuals with speech, voice, language, communication and swallowing disabilities;

(d) Develops and establishes effective augmentative and alternative communication techniques and strategies, including selecting, prescribing and dispensing of argumentative aids and devices; and the training of individuals, their families and other communication partners in their use;

(e) Selects, fits and establishes effective use of appropriate prosthetic/adaptive devices for speaking and swallowing, such as tracheoesophageal valves, electrolarynges, speaking valves;

(f) Uses instrumental technology to diagnose and treat disorders of communication and swallowing, such as videofluoroscopy, nasendoscopy, ultrasonography and stroboscopy;

(g) Provides aural rehabilitative and related counseling services to individuals with hearing loss and to their families;

(h) Collaborates in the assessment of central auditory processing disorders in cases in which there is evidence of speech, language or other cognitive communication disorders; provides intervention for individuals with central auditory processing disorders;

(i) Conducts pure-tone air conduction hearing screening and screening tympanometry for the purpose of the initial identification or referral;

(j) Enhances speech and language proficiency and communication effectiveness, including but not limited to, accent reduction, collaboration with teachers of English as a second language and improvement of voice, performance and singing;

(k) Trains and supervises support personnel;

(l) Develops and manages academic and clinical programs in communication sciences and disorders;

(m) Conducts, disseminates and applies research in communication sciences and disorders;

(n) Measures outcomes of treatment and conducts continuous evaluation of the effectiveness of practices and programs to improve and maintain quality of services;

(10) "Speech-language pathologist", a person who is licensed as a speech-language pathologist pursuant to sections 345.010 to 345.080; who engages in the practice of speech-language pathology as defined in sections 345.010 to 345.080;

(11) "Speech-language pathology aide", a person who is registered as a speech-language aide by the board, who does not act independently but works under the direction and supervision of a licensed speech-language pathologist. Such person assists the speech-language pathologist with activities which require an understanding of speech-language pathology but does not require formal training in the relevant academics. To be eligible for registration by the board, each applicant shall submit a registration fee, be of good moral and ethical character; and:

(a) Be at least eighteen years of age;

(b) Furnish evidence of the person's educational qualifications which shall be at a minimum:

a. Certification of graduation from an accredited high school or its equivalent; and

b. On the job training;

(c) Be employed in a setting in which direct and indirect supervision is provided on a regular and systematic basis by a licensed speech-language pathologist. However, the aide shall not administer or interpret hearing screening or diagnostic tests, fit or dispense hearing instruments, make ear impressions, make diagnostic statements, determine case selection, present written reports to anyone other than the supervisor without the signature of the supervisor, make referrals to other professionals or agencies, use a title other than speech-language pathology aide or clinical audiology aide, develop or modify treatment plans, discharge clients from treatment or terminate treatment, disclose clinical information, either orally or in writing, to anyone other than the supervising speech-language pathologist/audiologist, or perform any procedure for which he or she is not qualified, has not been adequately trained or both;

(12) "Speech-language pathology assistant", a person who is registered as a speech-language pathology assistant by the board, who does not act independently but works under the direction and supervision of a licensed speech-language pathologist and whose activities require both academic and practical training in the field of speech-language pathology although less training than those established by sections 345.010 to 345.080 as necessary for licensing as a speech-language pathologist. To be eligible for registration by the board, each applicant shall submit the registration fee, be of good moral character; and:

(a) Furnish evidence of the person's educational qualifications which meet the following:

a. Hold a bachelor's level degree in speech language pathology or an associate's degree as a speech language pathology assistant from an institution accredited or approved by the Council on Academic Accreditation of the American Speech-Language-Hearing Association in the area of speech-language pathology; and

b. Submit official transcripts from one or more accredited colleges or universities presenting evidence of the completion of bachelor's or associate's level coursework and clinical practicum requirements equivalent to that required or approved by the Council on Academic Accreditation of the American Speech-Language-Hearing Association;

(b) The requirements of paragraph (a) of this subdivision shall be the minimum requirements for a speech-language pathology assistant until January 1, 2005. After January 1, 2005, to be eligible for registration by the board, each applicant shall submit the registration fee, be of good moral character and furnish evidence of the person's educational qualifications which meet the following:

a. Hold a minimum of an associate's degree as a speech-language pathology assistant from an institution accredited or approved by the Council on Academic Accreditation of the American Speech-Language-Hearing Association; and

b. Submit official transcripts from one or more accredited colleges or universities presenting evidence of the completion of coursework and clinical practicum requirements equivalent to that required or approved by the Council on Academic Accreditation of the American Speech-Language-Hearing Association;

(c) Furnish evidence of successful completion of a uniform, functionally based proficiency evaluation as determined by the board;

(d) The individuals meeting the requirements prior to January 1, 2005, may be granted continued registration from the board provided the individual meets the following:

a. Furnish evidence of employment in which direct and indirect supervision have been provided on a regular and systematic basis by a licensed speech-language pathologist; and

b. The individual is in good standing with the board with regard to practice prior to January 1, 2005.

345.020. 1. Licensure or registration shall be granted in either speech-language pathology or [clinical] audiology independently. A person may be licensed or registered in both areas if the person is qualified. Each licensed or registered person shall display the license or certificate prominently in the person's place of practice.

2. No person shall practice or hold himself or herself out as being able to practice speech-language pathology or [clinical] audiology in this state [for a fee] unless the person is licensed in accordance with the provisions of [this chapter] sections 345.010 to 345.080. Nothing in [this chapter] sections 345.010 to 345.080, however, shall be construed to prevent a qualified person licensed in this state under any other law from engaging in the profession for which the person is licensed, and a licensed physician or surgeon may practice speech-language pathology or [clinical] audiology without being licensed in accordance with the provisions of [this chapter] sections 345.010 to 345.080.

3. No person shall hold himself or herself out as being a speech-language pathologist in this state unless the person is licensed as provided in sections 345.010 to 345.080. Any person who, in any manner, represents himself or herself as a speech-language pathologist or who uses in connection with such person's name the words or letters: "speech-language pathologist", "speech pathologist", "speech therapy", "speech therapist", "speech clinic", "speech clinician", "S.L.P.", "language specialist", "logopedist" or any other letters, words, abbreviations or insignia, indicating or implying that the person is a speech-language pathologist without a valid existing license is guilty of a class B misdemeanor.

4. No person shall hold himself or herself out as being an audiologist in this state unless the person is licensed as provided in sections 345.010 to 345.080. Any person who, in any manner, represents himself or herself as an audiologist or who uses in connection with such person's name the words: "audiology", "audiologist", "audiological", "hearing clinic", "hearing clinician", "hearing therapist" or any other letters, words, abbreviations or insignia, indicating or implying that the person is an audiologist without a valid existing license is guilty of a class B misdemeanor.

5. No person shall hold himself or herself out as being a speech-language pathology assistant or aide or audiology aide in this state unless the person is registered as provided in sections 345.010 to 345.080.

6. Nothing in [this chapter] sections 345.010 to 345.080 shall prohibit a corporation, partnership, trust, association, or other like organization from engaging in the business of speech-language pathology or [clinical] audiology without [certification] licensure if it employs licensed natural persons in the direct practice of speech-language pathology or [clinical] audiology. Any such corporation, partnership, trust, association, or other like organization shall also file with the board a statement, on a form approved by the board, that it submits itself to the rules and regulations of the board and the provisions of [this chapter] sections 345.010 to 345.080 which the board shall deem applicable to it.

345.022. 1. Any person in the person's clinical fellowship as defined in sections 345.010 to 345.080 shall hold a provisional license to practice speech-language pathology or audiology. The board may issue a provisional license to an applicant who:

(1) [Except for the postgraduate experience, meets the academic practicum and examination requirements of this chapter] Has met the requirements for practicum and academic requirements from an accredited training program as defined in sections 345.010 to 345.080;

(2) Submits an application to the board on a form prescribed by the board. Such form shall include a plan for the content and supervision of the [postgraduate experience] clinical fellowship, as well as evidence of good moral and ethical character; and

(3) [Pay] Submits to the board an application fee, as set by the board, for the provisional license.

2. A provisional license is effective for one year and may [not be renewed more than one time.] be extended for an additional twelve months only for purposes of completing the post-graduate clinical experience portion of the clinical fellowship; provided that, the applicant has passed the national examination and shall hold a master's degree from an approved training program in his or her area of application.

3. Within twelve months of issuance of the provisional license, the applicant shall pass an examination promulgated or approved by the board.

4. Within twelve months of issuance of a provisional license, the applicant shall complete the master's or doctoral degree from an institution accredited by the Council on Academic Accreditation of the American Speech-Language-Hearing Association in the area in which licensure is sought.

345.025. 1. The provisions of [this chapter] sections 345.010 to 345.080 do not apply to:

(1) The activities, services, and the use of an official title on the part of a person in the employ of a federal agency insofar as such services are part of the duties of the person's office or position with such agency;

(2) The activities and services of certified teachers of the deaf;

(3) The activities and services of a student[, intern, or trainee] in speech-language pathology or [clinical] audiology pursuing a course of study at a university or college that has been approved by its regional accrediting association, or working in a recognized training center, if these activities and services constitute a part of the person's course of study supervised by a [certified] licensed speech-language pathologist or [clinical] audiologist as provided in section 345.050;

(4) [The activities and services of a person who has recently become a resident of the state and who has made application for licensing with or without examination, if the person was authorized by the laws of the state or country of the person's former residence to perform such activities or service;

(5)] The activities and services of [licensed] physicians and surgeons licensed pursuant to chapter 334, RSMo;

[(6)] (5) Audiometric technicians who are certified by the council for accreditation of occupational hearing conservationists when conducting pure tone air conduction audiometric tests for purposes of industrial hearing conservation [or to] and comply with requirements of the federal Occupational Safety and Health Administration;

[(7)] (6) A person who holds a current valid certificate as a speech-language pathologist issued by the Missouri [state] department of elementary and secondary education and who [provides speech-language pathology services with an educational agency, as long as that person remains in the employ of such agency] is an employee of a public school while providing speech-language pathology services in such school system.

2. No one shall be exempt [under] pursuant to subdivision (1) or [(7)] (6) of subsection 1 of this section if the person does any work as a speech-language pathologist or [clinical] audiologist outside of the exempted areas outlined in section 345.025 for which a fee or compensation may be paid by the recipient of the service. When college or university clinics charge a fee, supervisors of student clinicians [must] shall be licensed.

345.030. 1. The board shall administer, coordinate, and enforce the provisions of [this chapter] sections 345.010 to 345.080, evaluate the qualifications of applicants, supervise the examination of applicants, issue licenses, and shall investigate persons engaging in practices which appear to violate the provisions of [this chapter] sections 345.010 to 345.080.

2. The board shall conduct such hearings and keep such records and minutes as shall be necessary to an orderly dispatch of business.

3. The board shall adopt reasonable rules and regulations which establish ethical standards of practice and may amend or repeal the same.

4. Regular meetings of the [board] commission shall be held at such times and places as it prescribes, and special meetings may be held upon the call of the [chairman] chairperson or by request of at least two other members of the [board] commission, but at least one regular meeting shall be held each year.

5. [No rule or portion of a rule promulgated under the authority of this chapter shall become effective until it has been approved by the joint committee on administrative rules in accordance with the procedures provided in this section, and the delegation of the legislative authority to enact law by the adoption of such rules is dependent upon the power of the joint committee on administrative rules to review and suspend rules pending ratification by the senate and the house of representatives as provided in this section.

6. Upon filing any proposed rule with the secretary of state, the board shall concurrently submit such proposed rule to the committee, which may hold hearings upon any proposed rule or portion thereof at any time.

7. A final order of rulemaking shall not be filed with the secretary of state until thirty days after such final order of rulemaking has been received by the committee. The committee may hold one or more hearings upon such final order of rulemaking during the thirty-day period. If the committee