JOURNAL OF THE HOUSE

First Regular Session, 98th GENERAL ASSEMBLY

SIXTY-FIFTH DAY, THURSDAY, MAY 7, 2015

The House met pursuant to adjournment.

Speaker Diehl in the Chair.

Prayer by Msgr. Robert A. Kurwicki, Chaplain.

My meat is to do the will of Him who sent me and to finish His work. (John 4:34)

O Lord, our God, grant unto us the spirit to think and the mind to do what is right and good that we may live according to Your will on this National Day of Prayer.

Make us truly aware of what we are doing from day to day. We feel that we have so many things to do, so many meetings to attend, so many letters to write that we fail at times to see some of the things we ought to do and know full well should be done. Help us to take time for those things that matter most and less time for those things that matter least.

Help us to think clearly, to choose wisely, and to make wise use of our time for Your glory, for the good of Missouri, and for the benefit of all, especially on this upcoming Mother’s Day weekend!

And the House says, “Amen!”

The Pledge of Allegiance to the flag was recited.

The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Madison Lee Coltrane and Harper Rhyan Coltrane.

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

COMMITTEE REPORTS

Committee on Fiscal Review, Chairman Allen reporting:

Mr. Speaker: Your Committee on Fiscal Review, to which was referred SS SCS HCS HB 17, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review, to which was referred SCS HCS HB 18, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review, to which was referred SCS HCS HB 19, as amended, begs leave to report it has examined the same and recommends that it Do Pass.

2687 2688 Journal of the House

Mr. Speaker: Your Committee on Fiscal Review, to which was referred SS HB 92, as amended, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review, to which was referred CCR SS SCS HB 458, as amended, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review, to which was referred SS SCS HB 522, HB 34, HB 133, HB 134, HB 810, HB 338 & HB 873, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review, to which was referred SS SCS HB 556, as amended, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review, to which was referred SS HB 616, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review, to which was referred SCS HCS HB 618, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review, to which was referred SCS HB 686, as amended, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review, to which was referred SCS HCS HB 709, amended, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review, to which was referred SCS HB 1149, as amended, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review, to which was referred CCR HCS SS SCS SB 5, as amended, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review, to which was referred CCR HCS SB 13, as amended, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review, to which was referred CCR HCS SS SCS SB 67, as amended, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review, to which was referred CCR HCS SS SCS SB 115, as amended, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS SB 148, begs leave to report it has examined the same and recommends that it Do Pass. Sixty-fifth Day–Thursday, May 7, 2015 2689

Mr. Speaker: Your Committee on Fiscal Review, to which was referred CCR#2 HCS SCS SB 152, as amended, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review, to which was referred CCR#2 HCS SB 254, as amended, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review, to which was referred CCR HCS SCS SB 270, as amended, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review, to which was referred CCR HCS SB 283, as amended, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review, to which was referred CCR HCS SCS SB 445, as amended, begs leave to report it has examined the same and recommends that it Do Pass.

MESSAGES FROM THE SENATE

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 613 entitled:

An act to repeal sections 52.260, 65.620, 137.076, 140.170, 140.310, 140.340, 140.350, 140.405, 140.410, and 140.420, RSMo, and to enact in lieu thereof eleven new sections relating to the collection of property taxes, with an emergency clause for a certain section.

With Senate Amendment No. 1 and Senate Amendment No. 2.

Senate Amendment No. 1

AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 613, Page 11, Section 140.420, Line 13, by inserting after all of said line the following:

“231.444. 1. In addition to other levies authorized by law, the governing body of any county of the third or fourth classification [without a township form of government having a population of less than six thousand inhabitants according to the most recent decennial census] may by ordinance levy and impose a tax pursuant to this section which shall not exceed the rate of one dollar on each acre of real property in the county which is classified as agricultural and horticultural property pursuant to section 137.016. 2. The proceeds of the tax authorized pursuant to this section shall be collected by the county collector and remitted to the county treasurer who shall deposit such proceeds in a special fund to be known as the “Special Road Rock Fund”. All moneys in the special road rock fund shall be appropriated by the county governing body for the sole purpose of purchasing road rock to be placed on county roads within the boundaries of the county. 3. The ordinance levying and imposing a tax pursuant to subsection 1 of this section shall not be effective unless the county governing body submits to the qualified voters of the county a proposal to authorize the county governing body to levy and impose the tax at an election permitted pursuant to section 115.123. The ballot of submission proposing the tax shall be in substantially the following form: Shall the county of ...... (county's name) be authorized to levy and impose a tax on all real property in the county which is classified as agricultural or horticultural property at a rate not to exceed ...... (rate of tax) cents 2690 Journal of the House per acre with all the proceeds of the tax to be placed in the “Special Road Rock Fund” and used solely for the purpose of purchasing road rock to be placed on county roads within the boundaries of the county? G YES G NO 4. If a majority of the qualified voters of the county voting on the proposal vote “YES”, then the governing body of the county may by ordinance levy and impose the tax authorized by this section in an amount not to exceed the rate proposed in the ballot of submission. If a majority of the qualified voters of the county voting on the proposal vote “NO”, then the governing body of the county shall not levy and impose such tax. Nothing in this section shall prohibit a rejected proposal from being resubmitted to the qualified voters of the county at an election permitted pursuant to section 115.123.”; and

Further amend the title and enacting clause accordingly.

Senate Amendment No. 2

AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 613, Page 2, Section 65.620, Line 32, by inserting after all of said line the following:

“137.018. 1. As used in this section, the term “merchandise” shall include short term rentals of equipment and other merchandise offered for short term rentals by rental companies under 532412 or 532210 of the 2012 edition of the North American Industry Classification System as prepared by the Executive Office of the President, Office of Management and Budget, which will subsequently or ultimately sell such merchandise or equipment. As used in this section, the term “short term rental” shall mean rentals for a period of less than three hundred sixty-five consecutive days, for an undefined period, or under an open- ended contract. 2. For the purposes of article X, section 6 of the Constitution of Missouri, all merchandise held or owned by a merchant whether or not currently subject to a short term rental and which will subsequently or ultimately be sold shall be considered inventory and exempt from ad valorem taxes.”; and

Further amend the title and enacting clause accordingly.

Emergency clause adopted.

In which the concurrence of the House is respectfully requested.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SCS HB 799 entitled:

An act to repeal sections 67.320, 476.083, 478.170, 478.191, 478.430, 478.433, 478.463, 478.740, 488.2206, and 600.042, RSMo, and to enact in lieu thereof fourteen new sections relating to judicial circuits.

With Senate Amendment No. 1, Senate Amendment No. 2 and Senate Amendment No. 3.

Senate Amendment No. 1

AMEND Senate Substitute for Senate Committee Substitute for House Bill No. 799, Page 9, Section 488.2244, Line 25, of said page, by inserting after all of said line the following:

“5. The provisions of this section shall expire on August 28, 2025.”; and

Further amend said bill, Page 11, Section 488.2257, Line 7, of said page, by inserting after all of said line the following:

“3. The provisions of this section shall expire on August 28, 2025.”. Sixty-fifth Day–Thursday, May 7, 2015 2691

Senate Amendment No. 2

AMEND Senate Substitute for Senate Committee Substitute for House Bill No. 799, Page 3, Section 67.320, Line 6, of said page, by inserting after all of said line the following:

“211.393. 1. For purposes of this section, the following words and phrases mean: (1) “County retirement plan”, any public employees' defined benefit retirement plan established by law that provides retirement benefits to county or city employees, but not to include the county employees' retirement system as provided in sections 50.1000 to 50.1200; (2) “Juvenile court employee”, any person who is employed by a juvenile court in a position normally requiring one thousand hours or more of service per year; (3) “Juvenile officer”, any juvenile officer appointed pursuant to section 211.351; (4) “Multicounty circuit”, all other judicial circuits not included in the definition of a single county circuit; (5) “Single county circuit”, a judicial circuit composed of a single county of the first classification, including the circuit for the city of St. Louis; (6) “State retirement plan”, the public employees' retirement plan administered by the Missouri state employees' retirement system pursuant to chapter 104. 2. Juvenile court employees employed in a single county circuit shall be subject to the following provisions: (1) The juvenile officer employed in such circuits on and prior to July 1, 1999, shall: (a) Be state employees on that portion of their salary received from the state pursuant to section 211.381, and in addition be county employees on that portion of their salary provided by the county at a rate determined pursuant to section 50.640; (b) Receive state-provided benefits, including retirement benefits from the state retirement plan, on that portion of their salary paid by the state and may participate as members in a county retirement plan on that portion of their salary provided by the county except any juvenile officer whose service as a juvenile court officer is being credited based on all salary received from any source in a county retirement plan on June 30, 1999, shall not be eligible to receive state-provided benefits, including retirement benefits, or any creditable prior service as described in this section but shall continue to participate in such county retirement plan; (c) Receive creditable prior service in the state retirement plan for service rendered as a juvenile court employee prior to July 1, 1999, to the extent they have not already received credit for such service in a county retirement plan on salary paid to them for such service, if such service was rendered in a single county circuit or a multicounty circuit; except that if the juvenile officer forfeited such credit in such county retirement plan prior to being eligible to receive creditable prior service under this paragraph, they may receive service under this paragraph; (d) Receive creditable prior service pursuant to paragraph (c) of this subdivision even though they already have received credit for such creditable service in a county retirement plan if they elect to forfeit their creditable service from such plan in which case such plan shall transfer to the state retirement plan an amount equal to the actuarial accrued liability for the forfeited creditable service, determined as if the person were going to continue to be an active member of the county retirement plan, less the amount of any refunds of member contributions; (e) Receive creditable prior service for service rendered as a juvenile court employee in a multicounty circuit in a position that was financed in whole or in part by a public or private grant, pursuant to the provisions of paragraph (e) of subdivision (1) of subsection 3 of this section; (2) Juvenile officers who begin employment for the first time as a juvenile officer in a single county circuit on or after July 1, 1999, shall: (a) Be county employees and receive salary from the county at a rate determined pursuant to section 50.640 subject to reimbursement by the state as provided in section 211.381; and (b) Participate as members in the applicable county retirement plan subject to reimbursement by the state for the retirement contribution due on that portion of salary reimbursed by the state; (3) All other juvenile court employees who are employed in a single county circuit on or after July 1, 1999: (a) Shall be county employees and receive a salary from the county at a rate determined pursuant to section 50.640; and (b) Shall, in accordance with their status as county employees, receive other county-provided benefits including retirement benefits from the applicable county retirement plan if such employees otherwise meet the eligibility requirements for such benefits; (4) (a) The state shall reimburse each county comprised of a single county circuit for an amount equal to the greater of: 2692 Journal of the House

a. Twenty-five percent of such circuit's total juvenile court personnel budget, excluding the salary for a juvenile officer, for calendar year 1997, and excluding all costs of retirement, health and other fringe benefits; or b. The sum of the salaries of one chief deputy juvenile officer and one deputy juvenile officer class I, as provided in section 211.381; (b) The state may reimburse a single county circuit up to fifty percent of such circuit's total calendar year 1997 juvenile court personnel budget, subject to appropriations. The state may reimburse, subject to appropriations, the following percentages of such circuits' total juvenile court personnel budget, expended for calendar year 1997, excluding the salary for a juvenile officer, and excluding all costs of retirement, health and other fringe benefits: thirty percent beginning July 1, 2000, until June 30, 2001; forty percent beginning July 1, 2001, until June 30, 2002; fifty percent beginning July 1, 2002; however, no county shall receive any reimbursement from the state in an amount less than the greater of: a. Twenty-five percent of the total juvenile court personnel budget of the single county circuit expended for calendar year 1997, excluding fringe benefits; or b. The sum of the salaries of one chief deputy juvenile officer and one deputy juvenile officer class I, as provided in section 211.381; (5) Each single county circuit shall file a copy of its initial 1997 and each succeeding year's budget with the office of the state courts administrator after January first each year and prior to reimbursement. The office of the state courts administrator shall make payment for the reimbursement from appropriations made for that purpose on or before July fifteenth of each year following the calendar year in which the expenses were made. The office of the state courts administrator shall submit the information from the budgets relating to full-time juvenile court personnel from each county to the general assembly; (6) Any single county circuit may apply to the office of the state courts administrator to become subject to subsection 3 of this section, and such application shall be approved subject to appropriation of funds for that purpose; (7) The state auditor may audit any single county circuit to verify compliance with the requirements of this section, including an audit of the 1997 budget. 3. Juvenile court employees in multicounty circuits shall be subject to the following provisions: (1) Juvenile court employees including detention personnel hired in 1998 in those multicounty circuits who began actual construction on detention facilities in 1996, employed in a multicounty circuit on or after July 1, 1999, shall: (a) Not be state employees unless they receive all salary from the state, which shall include any salary as provided in section 211.381 in addition to any salary provided by the applicable county or counties during calendar year 1997 and any general salary increase approved by the state of Missouri for fiscal year 1999 and fiscal year 2000; (b) Participate in the state retirement plan; (c) Receive creditable prior service in the state retirement plan for service rendered as a juvenile court employee prior to July 1, 1999, to the extent they have not already received credit for such service in a county retirement plan on salary paid to them for such service if such service was rendered in a single county circuit or a multicounty circuit, except that if they forfeited such credit in such county retirement plan prior to being eligible to receive creditable prior service under this paragraph, they may receive creditable service under this paragraph; (d) Receive creditable prior service pursuant to paragraph (c) of this subdivision even though they already have received credit for such creditable service in a county retirement plan if they elect within six months from the date they become participants in the state retirement plan pursuant to this section to forfeit their service from such plan in which case such plan shall transfer to the state retirement plan an amount equal to the actuarial accrued liability for the forfeited creditable service, determined as if the person was going to continue to be an active member of the county retirement plan, less the amount of any refunds of member contributions; (e) Receive creditable prior service for service rendered as a juvenile court employee in a multicounty circuit in a position that was financed in whole or in part by a public or private grant to the extent they have not already received credit for such service in a county retirement plan on salary paid to them for such service except that if they: a. Forfeited such credit in such county retirement plan prior to being eligible to receive creditable service under this paragraph, they may receive creditable service under paragraph (e) of this subdivision; b. Received credit for such creditable service in a county retirement plan, they may not receive creditable prior service pursuant to paragraph (e) of this subdivision unless they elect to forfeit their service from such plan, in which case such plan shall transfer to the state retirement plan an amount equal to the actuarial liability for the Sixty-fifth Day–Thursday, May 7, 2015 2693 forfeited creditable service, determined as if the person was going to continue to be an active member of the county retirement plan, less the amount of any refunds of member contributions; c. Terminated employment prior to August 28, 2007, and apply to the board of trustees of the state retirement plan to be made and employed as a special consultant and be available to give opinions regarding retirement they may receive creditable service under paragraph (e) of this subdivision; d. Retired prior to August 28, 2007, and apply to the board of trustees of the state retirement plan to be made and employed as a special consultant and be available to give opinions regarding retirement, they shall have their retirement benefits adjusted so they receive retirement benefits equal to the amount they would have received had their retirement benefit been initially calculated to include such creditable prior service; or e. Purchased creditable prior service pursuant to section 104.344 or section 105.691 based on service as a juvenile court employee in a position that was financed in whole or in part by a public or private grant, they shall receive a refund based on the amount paid for such purchased service; (2) Juvenile court employee positions added after December 31, 1997, shall be terminated and not subject to the provisions of subdivision (1) of this subsection, unless the office of the state courts administrator requests and receives an appropriation specifically for such positions; (3) The salary of any juvenile court employee who becomes a state employee, effective July 1, 1999, shall be limited to the salary provided by the state of Missouri, which shall be set in accordance with guidelines established by the state pursuant to a salary survey conducted by the office of the state courts administrator, but such salary shall in no event be less than the amount specified in paragraph (a) of subdivision (1) of this subsection. Notwithstanding any provision to the contrary in subsection 1 of section 211.394, such employees shall not be entitled to additional compensation paid by a county as a public officer or employee. Such employees shall be considered employees of the judicial branch of state government for all purposes; (4) All other employees of a multicounty circuit who are not juvenile court employees as defined in subsection 1 of this section shall be county employees subject to the county's own terms and conditions of employment; (5) Any juvenile court employee in a single county circuit that changed from a multicounty circuit on or after August 28, 2015, shall be a state employee, receive state-provided benefits, including retirement benefits from the state retirement plan, and not be subject to subsection 2 of this section. 4. The receipt of creditable prior service as described in paragraph (c) of subdivision (1) of subsection 2 of this section and paragraph (c) of subdivision (1) of subsection 3 of this section is contingent upon the office of the state courts administrator providing the state retirement plan information, in a form subject to verification and acceptable to the state retirement plan, indicating the dates of service and amount of monthly salary paid to each juvenile court employee for such creditable prior service. 5. No juvenile court employee employed by any single or multicounty circuit shall be eligible to participate in the county employees' retirement system fund pursuant to sections 50.1000 to 50.1200. 6. Each county in every circuit in which a juvenile court employee becomes a state employee shall maintain each year in the local juvenile court budget an amount, defined as “maintenance of effort funding”, not less than the total amount budgeted for all employees of the juvenile court including any juvenile officer, deputy juvenile officer, or other juvenile court employees in calendar year 1997, minus the state reimbursements as described in this section received for the calendar year 1997 personnel costs for the salaries of all such juvenile court employees who become state employees. The juvenile court shall provide a proposed budget to the county commission each year. The budget shall contain a separate section specifying all funds to be expended in the juvenile court. Such funding may be used for contractual costs for detention services, guardians ad litem, transportation costs for those circuits without detention facilities to transport children to and from detention and hearings, short-term residential services, indebtedness for juvenile facilities, expanding existing detention facilities or services, continuation of services funded by public grants or subsidy, and enhancing the court's ability to provide prevention, probation, counseling and treatment services. The county commission may review such budget and may appeal the proposed budget to the judicial finance commission pursuant to section 50.640. 7. Any person who is employed on or after July 1, 1999, in a position covered by the state retirement plan or the transportation department and highway patrol retirement system and who has rendered service as a juvenile court employee in a judicial circuit that was not a single county of the first classification shall be eligible to receive creditable prior service in such plan or system as provided in subsections 2 and 3 of this section. For purposes of this subsection, the provisions of paragraphs (c) and (d) of subdivision (1) of subsection 2 of this section and paragraphs (c) and (d) of subdivision (1) of subsection 3 of this section that apply to the state retirement plan shall also apply to the transportation department and highway patrol retirement system. 2694 Journal of the House

8. (1) Any juvenile officer who is employed as a state employee in a multicounty circuit on or after July 1, 1999, shall not be eligible to participate in the state retirement plan as provided by this section unless such juvenile officer elects to: (a) Receive retirement benefits from the state retirement plan based on all years of service as a juvenile officer and a final average salary which shall include salary paid by the county and the state; and (b) Forfeit any county retirement benefits from any county retirement plan based on service rendered as a juvenile officer. (2) Upon making the election described in this subsection, the county retirement plan shall transfer to the state retirement plan an amount equal to the actuarial accrued liability for the forfeited creditable service determined as if the person was going to continue to be an active member of the county retirement plan, less the amount of any refunds of member contributions. 9. The elections described in this section shall be made on forms developed and made available by the state retirement plan.”; and

Further amend the title and enacting clause accordingly.

Senate Amendment No. 3

AMEND Senate Substitute for Senate Committee Substitute for House Bill No. 799, Page 11, Section 488.2257, Line 7, by inserting after all of said line the following:

“488.2265. 1. In addition to all other court costs prescribed by law, a surcharge of up to ten dollars shall be assessed as costs in each court proceeding filed in any court in the state located in any county of the first classification with more than seventy thousand but fewer than eighty-three thousand inhabitants and with a city of the fourth classification with more than thirteen thousand five hundred but fewer than sixteen thousand inhabitants as the county seat in all civil and criminal cases including violations of any county or municipal ordinance or infractions, except that no such surcharge shall be collected for any violation of a traffic law or ordinance or in any proceeding when the proceeding or defendant has been dismissed by the court or when costs are to be paid by the state, county, or municipality. For violations of the criminal laws of the state or county ordinances, including infractions, no such surcharge shall be collected unless it is authorized by order, ordinance, or resolution by the county government where the violation occurred. For violations of municipal ordinances, no such surcharge shall be collected unless it is authorized by order, ordinance, or resolution by the municipal government where the violation occurred. Such surcharges shall be collected and disbursed by the clerk of each respective court responsible for collecting court costs in the manner provided by sections 488.010 to 488.020, and shall be payable to the treasurer of the political subdivision authorizing such surcharge. 2. Each county or municipality shall use all funds received pursuant to this section only to pay for the costs associated with the land assemblage and purchase, planning, and construction of a new facility, maintenance, and operation of any county or municipal judicial facility or justice center including, but not limited to, architectural, engineering, and other plans and studies, utilities, maintenance, and building security of any judicial facility. The county or municipality shall establish and maintain a separate account known as the “justice center fund” limited to the uses authorized by this section. The county or municipality shall maintain records identifying all surcharges and expenditures made from the justice center fund.”; and

Further amend the title and enacting clause accordingly.

In which the concurrence of the House is respectfully requested.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HB 1070 entitled:

An act to amend chapter 41, RSMo, by adding thereto one new section relating to the office of military advocate. Sixty-fifth Day–Thursday, May 7, 2015 2695

In which the concurrence of the House is respectfully requested.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted the Conference Committee Report on HCS SS SCS SB 5, as amended, and has taken up and passed CCS HCS SS SCS SB 5.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted the Conference Committee Report No. 2 on HCS SCS SB 152, as amended, and has taken up and passed CCS#2 HCS SCS SB 152.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted the Conference Committee Report No. 2 on HCS SB 254, as amended, and has taken up and passed CCS#2 HCS SB 254.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in House Amendment No. 1 and House Amendment No. 2 to SCS SB 328 and requests the House to recede from its position and failing to do so grant the Senate a conference thereon.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SCS SB 380, as amended, and requests the House to recede from its position and failing to do so grant the Senate a conference thereon.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted the Conference Committee Report on HCS SCS SB 445, as amended, and has taken up and passed CCS HCS SCS SB 445.

THIRD READING OF SENATE BILLS

SB 474, relating to the Heroes Way Designation Program, was taken up by Representative Davis.

Representative Webber offered House Amendment No. 1.

House Amendment No. 1

AMEND Senate Bill No. 474, Page 1, Line 3 of the Title, by deleting all of said line and inserting in lieu thereof the following:

"to veterans"; and

Further amend said bill, Page 1, Section A, Line 2, by inserting after said line the following:

"42.028. 1. Any veteran, National Guard person, or reservist receiving medical treatment or care at a veterans' facility or from another person or entity under an order of the Veterans Administration or other medical or health care professional under contract with the Veterans Administration may use annual or sick leave or shall, upon request, be given leave without pay from the veteran's, National Guard person's, or reservist's employer for the purpose of receiving the medical treatment or care for health problems or issues 2696 Journal of the House that stem from the employee's connection to military service. However, an employer shall not require a veteran to use more than one-half of any accumulated annual or sick leave before utilizing leave without pay. 2. A veteran, National Guard person, or reservist requesting leave without pay shall give the veteran's, National Guard person's, or reservist's employer sufficient notice of the treatment day or days and shall provide the employer proof of the required medical treatment or care at the employer's request. The requirement to provide proof of any required medical treatment or care shall not be deemed a violation of the health insurance portability and accountability act. 3. Veterans', National Guard persons', or reservists' rights under this section shall be posted at all National Guard facilities, and the commission shall provide a poster giving notice of this right to any employer who requests one."; and

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

Representative Austin raised a point of order that House Amendment No. 1 is not germane to the bill.

The Chair ruled the point of order well taken.

On motion of Representative Davis, SB 474 was truly agreed to and finally passed by the following vote:

AYES: 145

Adams Alferman Allen Anders Anderson Andrews Arthur Austin Bahr Basye Beard Bernskoetter Berry Black Bondon Brattin Burlison Burns Butler Carpenter Chipman Cierpiot Conway 10 Conway 104 Cookson Corlew Crawford Cross Curtis Curtman Davis Dogan Dohrman Dugger Dunn Eggleston Engler English Entlicher Fitzpatrick Fitzwater 144 Fitzwater 49 Flanigan Fraker Franklin Frederick Gannon Gardner Gosen Haahr Haefner Hansen Harris Higdon Hill Hinson Hoskins Hough Houghton Hubbard Hubrecht Hummel Hurst Johnson Jones Justus Keeney Kelley Kendrick Kidd King Koenig Kolkmeyer Korman Kratky LaFaver Lair Lant Lauer Lavender Leara Lichtenegger Love Lynch Marshall May McCaherty McCann Beatty McDaniel McDonald McGaugh McManus McNeil Meredith Messenger Miller Mims Mitten Moon Morgan Morris Muntzel Neely Nichols Norr Otto Pace Parkinson Peters Pfautsch Phillips Pietzman Pike Pogue Redmon Rehder Reiboldt Remole Rhoads Richardson Rizzo Roden Roeber Rone Ross Rowden Rowland Runions Ruth Shaul Shumake Solon Sommer Spencer Taylor Vescovo Walker Walton Gray Webber White Wiemann Wilson Wood Zerr Mr. Speaker Sixty-fifth Day–Thursday, May 7, 2015 2697

NOES: 004

Kirkton McCreery Montecillo Newman

PRESENT: 000

ABSENT WITH LEAVE: 013

Barnes Brown 57 Brown 94 Colona Cornejo Ellington Green Hicks Mathews Pierson Shull Smith Swan

VACANCIES: 001

Speaker Diehl declared the bill passed.

HCS SB 458, relating to health care, was taken up by Representative Jones.

Representative Morris offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for Senate Bill No. 458, Page 20, Section 336.115, Lines 1-22, by removing all of said section and lines from the bill; and

Further amend said bill, Page 21, Section 338.200, Line 15, by deleting said line and inserting in lieu thereof the following:

"under section 338.200 shall be determined by a pharmacist licensed by the board"; and

Further amend said bill, Page 22, Section 376.379, Lines 12-14, by deleting all of said lines and inserting in lieu thereof the following:

"medication synchronization services offered under the health benefit plan; and"; and

Further amend said bill, Page 23, Section 376.388, Line 30, by deleting the word "within" and inserting in lieu thereof the words "at least every"; and

Further amend said bill, page, and section, Lines 34-35, by deleting all of said lines and inserting in lieu thereof the following:

"maximum allowable cost pricing which has been updated to reflect market pricing at least every seven days as set forth in subdivision (1) of subsection 2 of this section."; and

Further amend said bill and section, Page 24, Line 47, by deleting the words, "health carrier or"; and

Further amend said bill, page and section, Line 49, by deleting the words, "health carrier or"; and

Further amend said bill, page and section, Line 54, by deleting the words, "health carrier or"; and

Further amend said bill, page and section, Line 59, by deleting the words, "health carrier or"; and

Further amend said bill, page and section, Lines 67-71, by deleting all of said lines; and

Further amend said bill by amending the title, enacting clause, and intersectional references accordingly. 2698 Journal of the House

On motion of Representative Morris, House Amendment No. 1 was adopted.

On motion of Representative Jones, HCS SB 458, as amended, was adopted.

On motion of Representative Jones, HCS SB 458, as amended, was read the third time and passed by the following vote:

AYES: 140

Adams Alferman Allen Anders Anderson Andrews Arthur Austin Bahr Barnes Basye Beard Bernskoetter Berry Black Bondon Brattin Burlison Burns Butler Carpenter Chipman Cierpiot Colona Conway 10 Conway 104 Corlew Cornejo Crawford Cross Curtman Davis Dogan Dohrman Dugger Dunn Eggleston Engler Entlicher Fitzpatrick Fitzwater 144 Fitzwater 49 Flanigan Fraker Franklin Frederick Gannon Gosen Haahr Haefner Hansen Harris Hicks Higdon Hill Hinson Hoskins Hough Houghton Hubrecht Hummel Hurst Johnson Jones Justus Keeney Kelley Kendrick Kidd King Koenig Kolkmeyer Korman Kratky LaFaver Lair Lant Lauer Lavender Leara Lichtenegger Love Lynch Marshall Mathews May McCaherty McCann Beatty McCreery McDaniel McDonald McGaugh McManus Messenger Miller Moon Morgan Morris Muntzel Neely Nichols Norr Otto Parkinson Peters Pfautsch Phillips Pierson Pietzman Pike Redmon Reiboldt Remole Rhoads Richardson Rizzo Roden Roeber Rone Ross Rowden Rowland Runions Ruth Shaul Shumake Solon Sommer Spencer Swan Taylor Vescovo Walker Webber White Wiemann Wilson Wood Zerr Mr. Speaker

NOES: 016

Ellington English Gardner Green Hubbard Kirkton McNeil Meredith Mims Mitten Montecillo Newman Pace Pogue Smith Walton Gray

PRESENT: 000

ABSENT WITH LEAVE: 006

Brown 57 Brown 94 Cookson Curtis Rehder Shull

VACANCIES: 001

Speaker Diehl declared the bill passed. Sixty-fifth Day–Thursday, May 7, 2015 2699

HOUSE BILLS WITH SENATE AMENDMENTS

SS SCS HCS HB 17, relating to capital improvements and other purposes designated for the period beginning July 1, 2015 and ending June 30, 2016, was taken up by Representative Flanigan.

On motion of Representative Flanigan, SS SCS HCS HB 17 was adopted the following vote:

AYES: 129

Alferman Allen Anders Andrews Arthur Austin Bahr Barnes Basye Beard Bernskoetter Berry Black Bondon Brown 57 Burlison Burns Butler Carpenter Cierpiot Colona Conway 10 Conway 104 Cookson Corlew Cornejo Crawford Cross Davis Dogan Dohrman Dugger Dunn Eggleston Engler English Entlicher Fitzpatrick Fitzwater 144 Fitzwater 49 Flanigan Fraker Franklin Frederick Gannon Gosen Green Haahr Haefner Hansen Harris Hicks Higdon Hill Hinson Hoskins Hough Hubbard Hubrecht Hummel Johnson Justus Keeney Kelley Kendrick Kidd King Kolkmeyer Kratky LaFaver Lair Lant Lauer Leara Lichtenegger Love Lynch Mathews May McCaherty McCann Beatty McDaniel McDonald McGaugh McManus Messenger Miller Mims Mitten Montecillo Morgan Morris Muntzel Neely Nichols Norr Parkinson Peters Pfautsch Phillips Pierson Pike Redmon Rehder Remole Rhoads Rizzo Roden Roeber Rone Ross Rowden Rowland Runions Ruth Shaul Solon Sommer Spencer Swan Taylor Vescovo Walker Webber White Wiemann Wood Zerr Mr. Speaker

NOES: 022

Adams Brattin Chipman Curtman Ellington Gardner Hurst Kirkton Koenig Lavender Marshall McCreery McNeil Meredith Moon Newman Pace Pietzman Pogue Smith Walton Gray Wilson

PRESENT: 000

ABSENT WITH LEAVE: 011

Anderson Brown 94 Curtis Houghton Jones Korman Otto Reiboldt Richardson Shull Shumake

VACANCIES: 001 2700 Journal of the House

On motion of Representative Flanigan, SS SCS HCS HB 17 was truly agreed to and finally passed by the following vote:

AYES: 129

Alferman Allen Anders Anderson Andrews Arthur Austin Bahr Barnes Basye Beard Bernskoetter Berry Black Bondon Brown 57 Burlison Burns Butler Carpenter Cierpiot Conway 10 Conway 104 Cookson Corlew Crawford Cross Davis Dogan Dohrman Dugger Dunn Eggleston Engler Entlicher Fitzpatrick Fitzwater 144 Fitzwater 49 Flanigan Fraker Franklin Frederick Gannon Gosen Green Haahr Haefner Hansen Harris Hicks Higdon Hill Hinson Hoskins Hough Houghton Hubbard Hubrecht Hummel Johnson Jones Justus Keeney Kelley Kendrick King Kolkmeyer Korman Kratky LaFaver Lair Lant Lauer Leara Lichtenegger Love Lynch Mathews May McCaherty McCann Beatty McDaniel McDonald McGaugh McManus Messenger Miller Mims Mitten Montecillo Morgan Morris Muntzel Neely Nichols Norr Otto Peters Pfautsch Phillips Pike Redmon Rehder Reiboldt Remole Rhoads Richardson Rizzo Roden Roeber Rone Ross Rowden Rowland Runions Ruth Shaul Solon Sommer Spencer Swan Taylor Vescovo Walker Webber White Wiemann Wood Mr. Speaker

NOES: 023

Adams Brattin Chipman Curtman Ellington Gardner Hurst Kidd Kirkton Koenig Lavender Marshall McCreery McNeil Meredith Moon Newman Pace Pietzman Pogue Smith Walton Gray Wilson

PRESENT: 000

ABSENT WITH LEAVE: 010

Brown 94 Colona Cornejo Curtis English Parkinson Pierson Shull Shumake Zerr

VACANCIES: 001

Speaker Diehl declared the bill passed.

SCS HCS HB 18, relating to capital improvement projects involving the maintenance, repair, replacement, and improvement of state buildings and facilities designated for the period beginning July 1, 2015 and ending June 30, 2016, was taken up by Representative Flanigan. Sixty-fifth Day–Thursday, May 7, 2015 2701

On motion of Representative Flanigan, SCS HCS HB 18 was adopted by the following vote:

AYES: 140

Adams Alferman Allen Anders Anderson Andrews Arthur Austin Bahr Beard Bernskoetter Berry Black Bondon Brattin Brown 57 Burlison Burns Butler Carpenter Chipman Colona Conway 10 Conway 104 Cookson Corlew Cornejo Crawford Cross Curtman Davis Dogan Dohrman Dugger Dunn Eggleston Engler Entlicher Fitzpatrick Fitzwater 144 Fitzwater 49 Flanigan Fraker Franklin Frederick Gannon Gosen Green Haahr Haefner Hansen Harris Hicks Higdon Hill Hoskins Hough Houghton Hubbard Hubrecht Hummel Hurst Johnson Jones Justus Keeney Kelley Kendrick Kidd King Koenig Kolkmeyer Korman Kratky LaFaver Lair Lant Lauer Leara Lichtenegger Love Lynch Mathews May McCaherty McCann Beatty McDaniel McDonald McGaugh McManus McNeil Meredith Messenger Miller Mims Mitten Montecillo Morgan Morris Neely Nichols Norr Otto Parkinson Peters Pfautsch Phillips Pierson Pietzman Pike Redmon Rehder Reiboldt Remole Rhoads Richardson Rizzo Roden Roeber Rone Ross Rowden Rowland Runions Ruth Shaul Shumake Solon Sommer Spencer Swan Taylor Vescovo Walker Webber White Wiemann Wood Zerr Mr. Speaker

NOES: 013

Ellington Gardner Hinson Kirkton Lavender Marshall Moon Newman Pace Pogue Smith Walton Gray Wilson

PRESENT: 000

ABSENT WITH LEAVE: 009

Barnes Basye Brown 94 Cierpiot Curtis English McCreery Muntzel Shull

VACANCIES: 001

On motion of Representative Flanigan, SCS HCS HB 18 was truly agreed to and finally passed by the following vote: 2702 Journal of the House

AYES: 144

Adams Alferman Allen Anders Anderson Andrews Arthur Austin Bahr Barnes Basye Beard Bernskoetter Berry Black Bondon Brattin Brown 57 Burlison Burns Butler Carpenter Chipman Cierpiot Colona Conway 10 Conway 104 Cookson Corlew Cornejo Crawford Cross Curtman Davis Dogan Dohrman Dugger Dunn Eggleston Engler Entlicher Fitzpatrick Fitzwater 144 Fitzwater 49 Flanigan Fraker Franklin Frederick Gannon Gosen Haahr Haefner Hansen Harris Hicks Higdon Hill Hoskins Hough Houghton Hubbard Hubrecht Hummel Hurst Johnson Jones Justus Keeney Kelley Kendrick Kidd King Koenig Kolkmeyer Korman Kratky LaFaver Lair Lant Lauer Leara Lichtenegger Love Lynch Mathews May McCaherty McCann Beatty McDaniel McDonald McGaugh McManus McNeil Meredith Messenger Miller Mims Mitten Montecillo Moon Morgan Morris Muntzel Neely Nichols Norr Otto Parkinson Peters Pfautsch Phillips Pierson Pietzman Pike Redmon Rehder Reiboldt Remole Rhoads Richardson Rizzo Roden Roeber Rone Ross Rowden Rowland Runions Ruth Shaul Shumake Solon Sommer Spencer Swan Taylor Vescovo Walker Webber White Wiemann Wood Zerr Mr. Speaker

NOES: 014

Ellington Gardner Green Hinson Kirkton Lavender Marshall McCreery Newman Pace Pogue Smith Walton Gray Wilson

PRESENT: 000

ABSENT WITH LEAVE: 004

Brown 94 Curtis English Shull

VACANCIES: 001

Speaker Diehl declared the bill passed.

SCS HCS HB 19, as amended, relating to the appropriation of money for planning and capital improvements for the period beginning July 1, 2015 and ending June 30, 2016, was taken up by Representative Flanigan.

On motion of Representative Flanigan, SCS HCS HB 19, as amended, was adopted by the following vote: Sixty-fifth Day–Thursday, May 7, 2015 2703

AYES: 138

Alferman Allen Anders Anderson Andrews Arthur Austin Bahr Barnes Basye Beard Bernskoetter Berry Black Bondon Brown 57 Burlison Burns Butler Carpenter Chipman Cierpiot Colona Conway 104 Cookson Corlew Cornejo Crawford Cross Davis Dogan Dohrman Dugger Dunn Eggleston Engler English Fitzpatrick Fitzwater 144 Fitzwater 49 Flanigan Fraker Franklin Frederick Gannon Gosen Haahr Haefner Hansen Harris Hicks Higdon Hill Hinson Hoskins Hough Houghton Hubbard Hubrecht Hummel Johnson Jones Justus Keeney Kelley Kendrick Kidd King Kirkton Kolkmeyer Korman Kratky LaFaver Lair Lant Lauer Leara Lichtenegger Love Lynch Mathews May McCaherty McCann Beatty McCreery McDaniel McDonald McGaugh McManus McNeil Meredith Messenger Miller Mims Mitten Montecillo Morgan Morris Muntzel Neely Newman Nichols Norr Otto Peters Pfautsch Phillips Pierson Pike Redmon Rehder Reiboldt Remole Rhoads Richardson Rizzo Roden Roeber Rone Rowden Rowland Runions Ruth Shaul Shumake Solon Sommer Spencer Swan Taylor Vescovo Walker Webber White Wiemann Wood Zerr Mr. Speaker

NOES: 018

Brattin Curtman Ellington Gardner Green Hurst Koenig Lavender Marshall Moon Pace Parkinson Pietzman Pogue Ross Smith Walton Gray Wilson

PRESENT: 000

ABSENT WITH LEAVE: 006

Adams Brown 94 Conway 10 Curtis Entlicher Shull

VACANCIES: 001

On motion of Representative Flanigan, SCS HCS HB 19, as amended, was truly agreed to and finally passed by the following vote:

AYES: 137

Adams Alferman Allen Anders Anderson Andrews Arthur Austin Bahr Barnes Basye Beard Bernskoetter Berry Black Bondon Brown 57 Burlison Burns Butler Carpenter Chipman Cierpiot Colona Conway 10 2704 Journal of the House

Conway 104 Cookson Corlew Cornejo Crawford Cross Davis Dogan Dohrman Dugger Dunn Eggleston Engler English Entlicher Fitzpatrick Fitzwater 144 Fitzwater 49 Flanigan Fraker Franklin Frederick Gannon Gosen Haefner Hansen Harris Hicks Higdon Hill Hinson Hoskins Hough Houghton Hubbard Hubrecht Hummel Johnson Jones Justus Keeney Kelley Kendrick Kidd King Kirkton Kolkmeyer Korman Kratky LaFaver Lair Lant Lauer Leara Lichtenegger Lynch Mathews May McCaherty McCann Beatty McCreery McDaniel McDonald McGaugh McManus McNeil Meredith Messenger Miller Mims Mitten Montecillo Morgan Morris Muntzel Neely Newman Nichols Norr Otto Peters Pfautsch Phillips Pierson Pike Redmon Rehder Reiboldt Remole Rhoads Richardson Rizzo Roden Roeber Rone Rowden Rowland Runions Ruth Shaul Shumake Sommer Swan Taylor Vescovo Walker Webber White Wiemann Wood Zerr Mr. Speaker

NOES: 019

Brattin Curtman Ellington Gardner Green Hurst Koenig Lavender Marshall Moon Pace Parkinson Pietzman Pogue Ross Smith Spencer Walton Gray Wilson

PRESENT: 000

ABSENT WITH LEAVE: 006

Brown 94 Curtis Haahr Love Shull Solon

VACANCIES: 001

Speaker Diehl declared the bill passed.

SCS HB 343, relating to the Money Follows the Person program, was taken up by Representative Lair.

On motion of Representative Lair, SCS HB 343 was adopted by the following vote:

AYES: 156

Adams Alferman Allen Anders Anderson Andrews Arthur Austin Bahr Barnes Basye Beard Bernskoetter Berry Black Bondon Brattin Brown 57 Burlison Burns Butler Carpenter Chipman Cierpiot Colona Conway 10 Conway 104 Cookson Corlew Cornejo Crawford Cross Curtman Davis Dogan Sixty-fifth Day–Thursday, May 7, 2015 2705

Dohrman Dugger Dunn Eggleston Ellington Engler English Entlicher Fitzpatrick Fitzwater 144 Fitzwater 49 Flanigan Fraker Franklin Frederick Gannon Gardner Gosen Green Haahr Haefner Hansen Harris Hicks Higdon Hill Hinson Hoskins Hough Houghton Hubbard Hubrecht Hummel Hurst Johnson Jones Justus Keeney Kelley Kendrick Kidd King Kirkton Koenig Kolkmeyer Korman Kratky LaFaver Lair Lant Lauer Lavender Leara Lichtenegger Love Lynch Mathews May McCaherty McCann Beatty McCreery McDaniel McDonald McGaugh McManus McNeil Meredith Messenger Miller Mims Mitten Montecillo Moon Morgan Morris Muntzel Neely Newman Nichols Norr Otto Pace Parkinson Peters Pfautsch Phillips Pierson Pietzman Pike Redmon Rehder Reiboldt Remole Rhoads Richardson Rizzo Roden Roeber Rone Ross Rowden Rowland Runions Ruth Shaul Shumake Solon Sommer Spencer Swan Taylor Vescovo Walker Walton Gray Webber White Wiemann Wilson Wood Zerr Mr. Speaker

NOES: 003

Marshall Pogue Smith

PRESENT: 000

ABSENT WITH LEAVE: 003

Brown 94 Curtis Shull

VACANCIES: 001

On motion of Representative Lair, SCS HB 343 was truly agreed to and finally passed by the following vote:

AYES: 153

Adams Alferman Allen Anders Anderson Andrews Arthur Austin Bahr Barnes Basye Beard Bernskoetter Berry Black Bondon Brattin Brown 57 Burlison Burns Butler Carpenter Chipman Cierpiot Colona Conway 10 Conway 104 Cookson Corlew Cornejo Crawford Cross Curtman Davis Dogan Dohrman Dugger Dunn Eggleston Ellington Engler English Entlicher Fitzpatrick Fitzwater 144 Fitzwater 49 Flanigan Fraker Franklin Frederick Gannon Gardner Gosen Green Haahr Haefner Hansen Harris Hicks Higdon Hill Hinson Hoskins Hough Houghton Hubbard Hubrecht Hummel Hurst Johnson 2706 Journal of the House

Justus Keeney Kelley Kendrick Kidd King Kirkton Koenig Kolkmeyer Korman Kratky LaFaver Lair Lant Lauer Lavender Leara Lichtenegger Love Lynch Mathews May McCaherty McCann Beatty McCreery McDaniel McDonald McGaugh McManus McNeil Meredith Messenger Miller Mims Mitten Montecillo Moon Morgan Morris Muntzel Neely Newman Nichols Norr Otto Pace Parkinson Peters Pfautsch Phillips Pierson Pietzman Pike Redmon Rehder Reiboldt Remole Rhoads Richardson Rizzo Roden Roeber Rone Ross Rowland Runions Ruth Shaul Shumake Solon Spencer Swan Taylor Vescovo Walker Walton Gray Webber White Wiemann Wilson Wood Zerr Mr. Speaker

NOES: 003

Marshall Pogue Smith

PRESENT: 000

ABSENT WITH LEAVE: 006

Brown 94 Curtis Jones Rowden Shull Sommer

VACANCIES: 001

Speaker Diehl declared the bill passed.

THIRD READING OF SENATE BILLS

HCS SCS SB 230, relating to health care, was taken up by Representative Barnes.

Representative Barnes offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 230, Page 11, Section 192.667, Line 217, by inserting after all of said section and line the following:

"196.990. 1. As used in this section, the following terms shall mean: (1) "Administer", the direct application of an epinephrine auto-injector to the body of an individual; (2) "Authorized entity", any entity or organization at or in connection with which allergens capable of causing anaphylaxis may be present, including but not limited to restaurants, recreation camps, youth sports leagues, amusement parks, and sports arenas; (3) "Caretaker", a person or entity under whose care a child has been entrusted by such child's parent or guardian for consideration; (4) "Epinephrine auto-injector", a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body; (5) "Physician", a physician licensed in this state under chapter 334; (6) "Provide", the supply of one or more epinephrine auto-injectors to an individual; Sixty-fifth Day–Thursday, May 7, 2015 2707

(7) "Self-administration", a person's discretionary use of an epinephrine auto-injector. 2. A physician may prescribe epinephrine auto-injectors in the name of an authorized entity for use in accordance with this section, and pharmacists, physicians, and other persons authorized to dispense prescription medications may dispense epinephrine auto-injectors under a prescription issued in the name of an authorized entity. 3. An authorized entity may acquire and stock a supply of epinephrine auto-injectors under a prescription issued in accordance with this section. Such epinephrine auto-injectors shall be stored in a location readily accessible in an emergency and in accordance with the epinephrine auto-injector's instructions for use and any additional requirements established by the department of health and senior services by rule. An authorized entity shall designate employees or agents who have completed the training required under this section to be responsible for the storage, maintenance, and general oversight of epinephrine auto-injectors acquired by the authorized entity. 4. An employee or agent of an authorized entity or any other person who has completed the training required under this section may use epinephrine auto-injectors prescribed under this section on the premises of or in connection with the authorized entity to: (1) Provide an epinephrine auto-injector to any individual who the employee, agent, or other person believes in good faith is experiencing anaphylaxis for immediate self-administration, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy; (2) Administer an epinephrine auto-injector to any individual who the employee, agent, or other person believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy. 5. Notwithstanding the provisions of subsection 4 of this section, an employee or agent of an authorized entity shall not provide or administer an epinephrine auto-injector to any individual who is twelve years of age or younger without the verbal consent of a parent or guardian who is present at the time when provision or administration of the epinephrine auto-injector is needed. Provided, however, that an employee or agent of an authorized entity may provide or administer an epinephrine auto-injector to such an individual without the consent of a parent or guardian if the parent or guardian is not physically present and the employee or agent reasonably believes the individual shall be in imminent danger without the provision or administration of the epinephrine auto-injector. 6. An employee, agent, or other person described in subsection 4 of this section shall successfully complete an anaphylaxis training program prior to providing or administering an epinephrine auto-injector made available by an authorized entity and at least every two years following successful completion of the initial anaphylaxis training program. Such training shall be conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or other entity or person approved by the department of health and senior services. Training may be conducted online or in person and, at a minimum, shall cover: (1) Techniques on how to recognize symptoms of severe allergic reactions, including anaphylaxis; (2) Standards and procedures for the storage and administration of an epinephrine auto-injector; and (3) Emergency follow-up procedures. The entity that conducts the training shall issue a certificate, on a form developed or approved by the department of health and senior services, to each person who successfully completes the anaphylaxis training program. 7. The following persons and entities shall not be liable for any injuries or related damages that result from the administration of, self-administration of, or failure to administer an epinephrine auto-injector in accordance with this section that may constitute ordinary negligence: (1) An authorized entity that possesses and makes available epinephrine auto-injectors and its employees, agents, and other trained persons; (2) Any person who uses an epinephrine auto-injector made available under this section; (3) A physician that prescribes epinephrine auto-injectors to an authorized entity; or (4) Any person or entity that conducts the training described in subsection 6 of this section. Such immunity does not apply to acts or omissions constituting a reckless disregard for the safety of others or willful or wanton conduct. The administration of an epinephrine auto-injector in accordance with this section shall not be considered the practice of medicine. The immunity from liability provided under this subsection is in addition to and not in lieu of that provided under section 537.037. An authorized entity located in this 2708 Journal of the House state shall not be liable for any injuries or related damages that result from the provision or administration of an epinephrine auto-injector by its employees or agents outside of this state if the entity or its employee or agent are not liable for such injuries or related damages under the laws of the state in which such provision or administration occurred. 8. No immunity provided under this section shall apply to a caretaker if the individual who experienced anaphylaxis: (1) Was a minor child; (2) Had a known allergy at the time of anaphylaxis; (3) Was under the care or supervision of a caretaker other than a parent or guardian; (4) Was prescribed an epinephrine auto-injector; (5) Was not administered an epinephrine auto-injector by a caretaker; and (6) Had an epinephrine auto-injector available to him or her at the time of anaphylaxis due to one of following: (a) The minor child being in possession of his or her epinephrine auto-injector, an epinephrine auto- injector present on the premises where the anaphylaxis occured, or the caretaker being in possession of an epinephrine auto-injector; (b) The parent of guardian of the minor child providing an epinephrine auto-injector to the caretaker; or (c) The caretaker representing to the parent of guardian of the minor child that an epinephrine auto- injector is available on the premises where the anaphylaxis occurred. 9. No immunity provided under this section shall apply to any licensed health care provider if the administration of an epinephrine auto-injector is within his or her scope of practice except when the alleged liability is based upon: (1) Such provider's actions in prescribing or dispensing the prescription; or (2) Such provider's action in providing training to authorized entities under this section. 10. An authorized entity that possesses and makes available epinephrine auto-injectors shall submit to the department of health and senior services, on a form developed by the department, a report of each incident on the authorized entity's premises involving the administration of an epinephrine auto-injector. The department shall annually publish a report that summarizes all reports submitted to it under this subsection, but shall not include any identifying information regarding the persons to whom such epinephrine auto- injectors were administered. 11. An authorized entity that acquires a stock supply of epinephrine auto-injectors under a prescription issued in accordance with this section may make such epinephrine auto-injectors available to individuals other than the trained persons described in subsection 4 of this section if the epinephrine auto- injectors are stored in a locked secure container in accordance with manufacturer specifications and are made available only upon remote authorization by a physician via audio, televideo, or other similar means of electronic communication. Consultation with a physician for such purpose shall not be considered the practice of telemedicine or otherwise be construed as violating any law or rule regulating the physician's professional practice."; and

Further amend said bill, Page 14, Section 208.675, Line 11, by inserting immediately after said line the following:

"(9) Optometrists;"; and

Further amend said section by renumbering the subdivisions accordingly; and

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

On motion of Representative Barnes, House Amendment No. 1 was adopted.

Representative Haefner offered House Amendment No. 2. Sixty-fifth Day–Thursday, May 7, 2015 2709

House Amendment No. 2

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 230, Page 3, Section 192.380, Line 36, by deleting all of said line and inserting in lieu thereof the following:

"gynecology, family medicine practicing obstetrics, or pediatrics, at least one of which shall be in active practice in a rural area;"; and

Further amend said bill and section, Page 4, Line 92, by inserting after all of said line the following:

"12. The criteria for levels of birthing care developed under subsection 4 of this section shall not include pregnancy termination, or counseling or referral for pregnancy termination. 13. All certified professional midwives may consult with and participate in educational opportunities through the regional perinatal center."; and

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

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

Representative Morris offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 230, Page 17, Section 208.686, Line 52, by inserting after all of said section and line the following:

"208.909. 1. Consumers receiving personal care assistance services shall be responsible for: (1) Supervising their personal care attendant; (2) Verifying wages to be paid to the personal care attendant; (3) Preparing and submitting time sheets, signed by both the consumer and personal care attendant, to the vendor on a biweekly basis; (4) Allowing the personal care attendant to use his or her telephone for the purpose of electronic visit verification (EVV) if such use does not add cost to the consumer; (5) Promptly notifying the department within ten days of any changes in circumstances affecting the personal care assistance services plan or in the consumer's place of residence; [(5)] (6) Reporting any problems resulting from the quality of services rendered by the personal care attendant to the vendor. If the consumer is unable to resolve any problems resulting from the quality of service rendered by the personal care attendant with the vendor, the consumer shall report the situation to the department; and [(6)] (7) Providing the vendor with all necessary information to complete required paperwork for establishing the employer identification number. 2. Participating vendors shall be responsible for: (1) Collecting time sheets or reviewing reports of delivered services and certifying the accuracy thereof; (2) The Medicaid reimbursement process, including the filing of claims and reporting data to the department as required by rule; (3) Transmitting the individual payment directly to the personal care attendant on behalf of the consumer; (4) Monitoring the performance of the personal care assistance services plan. 3. No state or federal financial assistance shall be authorized or expended to pay for services provided to a consumer under sections 208.900 to 208.927, if the primary benefit of the services is to the household unit, or is a household task that the members of the consumer's household may reasonably be expected to share or do for one another when they live in the same household, unless such service is above and beyond typical activities household members may reasonably provide for another household member without a disability. 4. No state or federal financial assistance shall be authorized or expended to pay for personal care assistance services provided by a personal care attendant who is listed on any of the background check lists in the 2710 Journal of the House family care safety registry under sections 210.900 to 210.937, unless a good cause waiver is first obtained from the department in accordance with section 192.2495. 5. (1) All vendors shall, by July 1, [2015] 2016, have, maintain, and use [a telephone tracking] an EVV system for the purpose of reporting and verifying the delivery of consumer-directed services as authorized by the department of health and senior services or its designee. Use of such a system prior to July 1, [2015] 2016, shall be voluntary. The [telephone tracking] EVV system shall be used [to process payroll for employees and] for submitting claims for reimbursement to the MO HealthNet division. At a minimum, the [telephone tracking] EVV system shall: (a) Record the exact date services are delivered; (b) Record the exact time the services begin and exact time the services end; (c) Verify [the telephone number from which the services are registered] that the services are being delivered at the location where the consumer resides; (d) [Verify that the number from which the call is placed is a telephone number unique to the client; (e)] Require a personal identification number unique to each personal care attendant; [(f)] (e) Be capable of producing reports [of services delivered, tasks performed, client] that at a minimum capture the consumer identity, beginning and ending times of service and date of service in summary fashion that constitute adequate documentation of service[; and (g) Be capable of producing reimbursement requests for consumer approval that assures accuracy and compliance with program expectations for both the consumer and vendor. (2) The department of health and senior services, in collaboration with other appropriate agencies, including centers for independent living, shall establish telephone tracking system pilot projects, implemented in two regions of the state, with one in an urban area and one in a rural area. Each pilot project shall meet the requirements of this section and section 208.918. The department of health and senior services shall, by December 31, 2013, submit a report to the governor and general assembly detailing the outcomes of these pilot projects. The report shall take into consideration the impact of a telephone tracking system on the quality of the services delivered to the consumer and the principles of self-directed care. (3)] . (2) As new technology becomes available, the department [may] shall allow use of a more advanced tracking system, electronic or otherwise, provided that such system is at least as capable of meeting the requirements of this subsection. [(4)] (3) The department of health and senior services shall promulgate by rule the minimum necessary criteria of the [telephone tracking] EVV system. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2010, shall be invalid and void. 6. [In the event that a consensus between centers for independent living and representatives from the executive branch cannot be reached, the telephony report issued to the general assembly and governor shall include a minority report which shall detail those elements of substantial dissent from the main report. 7.] No interested party, including a center for independent living, shall be required to contract with any particular vendor or provider of [telephony] EVV services [nor bear the full cost of the pilot program]."; and

Further amend said bill, Page 28, Section 324.001, Line 181, by inserting after all of said section and line the following:

"660.023. 1. All in-home services provider agencies shall, by July 1, [2015] 2016, have, maintain, and use [a telephone tracking] an electronic visit verification (EVV) system for the purpose of reporting and verifying the delivery of home- and community-based services as authorized by the department of health and senior services or its designee. Use of such system prior to July 1, [2015] 2016, shall be voluntary. At a minimum, the [telephone tracking] EVV system shall: (1) Record the exact date services are delivered; (2) Record the exact time the services begin and exact time the services end; (3) Verify [the telephone number from which the services were registered] that services are being delivered at the location where the consumer resides; (4) [Verify that the number from which the call is placed is a telephone number unique to the client; (5)] Require a personal identification number unique to each personal care attendant; and Sixty-fifth Day–Thursday, May 7, 2015 2711

[(6)] (5) Be capable of producing reports [of services delivered, tasks performed,] that at a minimum capture client identity, beginning and ending times of service and date of service in summary fashion that constitute adequate documentation of service. 2. The [telephone tracking] EVV system shall be used [to process payroll for employees and] for submitting claims for reimbursement to the MO HealthNet division. 3. The department of health and senior services shall promulgate by rule the minimum necessary criteria of the [telephone tracking] EVV system. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2010, shall be invalid and void. 4. As new technology becomes available, the department [may] shall allow use of a more advanced tracking system, electronic or otherwise, provided that such system is at least as capable of meeting the requirements listed in subsection 1 of this section. 5. The department of health and senior services, in collaboration with other appropriate agencies, including in-home services providers, shall establish telephone tracking system pilot projects, implemented in two regions of the state, with one in an urban area and one in a rural area. Each pilot project shall meet the requirements of this section. The department of health and senior services shall, by December 31, 2013, submit a report to the governor and general assembly detailing the outcomes of these pilot projects. The report shall take into consideration the impact of a telephone tracking system on the quality of the services delivered to the consumer and the principles of self-directed care. 6. In the event that a consensus between in-home service providers and representatives from the executive branch cannot be reached, the telephony report issued to the general assembly and governor shall include a minority report which will detail those elements of substantial dissent from the main report. 7. No interested party, including in-home service providers, shall be required to contract with any particular vendor or provider of [telephony] EVV services [nor bear the full cost of the pilot program]. Section B. Because immediate action is necessary to ensure that home-based MO HealthNet participants receive necessary personal care assistance services, section 208.909 and 660.023 of section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section 208.909 and 660.023 of section A of this act shall be in full force and effect upon its passage and approval."; and

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

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

Representative Hubrecht offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 230, Page 11, Section 192.667, Line 217, by inserting after all of said section and line the following:

"208.152. 1. MO HealthNet payments shall be made on behalf of those eligible needy persons as defined in section 208.151 who are unable to provide for it in whole or in part, with any payments to be made on the basis of the reasonable cost of the care or reasonable charge for the services as defined and determined by the MO HealthNet division, unless otherwise hereinafter provided, for the following: (1) Inpatient hospital services, except to persons in an institution for mental diseases who are under the age of sixty-five years and over the age of twenty-one years; provided that the MO HealthNet division shall provide through rule and regulation an exception process for coverage of inpatient costs in those cases requiring treatment beyond the seventy-fifth percentile professional activities study (PAS) or the MO HealthNet children's diagnosis length-of-stay schedule; and provided further that the MO HealthNet division shall take into account through its payment system for hospital services the situation of hospitals which serve a disproportionate number of low-income patients; 2712 Journal of the House

(2) All outpatient hospital services, payments therefor to be in amounts which represent no more than eighty percent of the lesser of reasonable costs or customary charges for such services, determined in accordance with the principles set forth in Title XVIII A and B, Public Law 89-97, 1965 amendments to the federal Social Security Act (42 U.S.C. Section 301, et seq.), but the MO HealthNet division may evaluate outpatient hospital services rendered under this section and deny payment for services which are determined by the MO HealthNet division not to be medically necessary, in accordance with federal law and regulations; (3) Laboratory and X-ray services; (4) Nursing home services for participants, except to persons with more than five hundred thousand dollars equity in their home or except for persons in an institution for mental diseases who are under the age of sixty-five years, when residing in a hospital licensed by the department of health and senior services or a nursing home licensed by the department of health and senior services or appropriate licensing authority of other states or government-owned and -operated institutions which are determined to conform to standards equivalent to licensing requirements in Title XIX of the federal Social Security Act (42 U.S.C. Section 301, et seq.), as amended, for nursing facilities. The MO HealthNet division may recognize through its payment methodology for nursing facilities those nursing facilities which serve a high volume of MO HealthNet patients. The MO HealthNet division when determining the amount of the benefit payments to be made on behalf of persons under the age of twenty-one in a nursing facility may consider nursing facilities furnishing care to persons under the age of twenty-one as a classification separate from other nursing facilities; (5) Nursing home costs for participants receiving benefit payments under subdivision (4) of this subsection for those days, which shall not exceed twelve per any period of six consecutive months, during which the participant is on a temporary leave of absence from the hospital or nursing home, provided that no such participant shall be allowed a temporary leave of absence unless it is specifically provided for in his plan of care. As used in this subdivision, the term "temporary leave of absence" shall include all periods of time during which a participant is away from the hospital or nursing home overnight because he is visiting a friend or relative; (6) Physicians' services, whether furnished in the office, home, hospital, nursing home, or elsewhere; (7) Drugs and medicines when prescribed by a licensed physician, dentist, podiatrist, or an advanced practice registered nurse; except that no payment for drugs and medicines prescribed on and after January 1, 2006, by a licensed physician, dentist, podiatrist, or an advanced practice registered nurse may be made on behalf of any person who qualifies for prescription drug coverage under the provisions of P.L. 108-173; (8) Emergency ambulance services and, effective January 1, 1990, medically necessary transportation to scheduled, physician-prescribed nonelective treatments; (9) Early and periodic screening and diagnosis of individuals who are under the age of twenty-one to ascertain their physical or mental defects, and health care, treatment, and other measures to correct or ameliorate defects and chronic conditions discovered thereby. Such services shall be provided in accordance with the provisions of Section 6403 of P.L. 101-239 and federal regulations promulgated thereunder; (10) Home health care services; (11) Family planning as defined by federal rules and regulations; provided, however, that such family planning services shall not include abortions unless such abortions are certified in writing by a physician to the MO HealthNet agency that, in the physician's professional judgment, the life of the mother would be endangered if the fetus were carried to term; (12) Inpatient psychiatric hospital services for individuals under age twenty-one as defined in Title XIX of the federal Social Security Act (42 U.S.C. Section 1396d, et seq.); (13) Outpatient surgical procedures, including presurgical diagnostic services performed in ambulatory surgical facilities which are licensed by the department of health and senior services of the state of Missouri; except, that such outpatient surgical services shall not include persons who are eligible for coverage under Part B of Title XVIII, Public Law 89-97, 1965 amendments to the federal Social Security Act, as amended, if exclusion of such persons is permitted under Title XIX, Public Law 89-97, 1965 amendments to the federal Social Security Act, as amended; (14) Personal care services which are medically oriented tasks having to do with a person's physical requirements, as opposed to housekeeping requirements, which enable a person to be treated by his or her physician on an outpatient rather than on an inpatient or residential basis in a hospital, intermediate care facility, or skilled nursing facility. Personal care services shall be rendered by an individual not a member of the participant's family who is qualified to provide such services where the services are prescribed by a physician in accordance with a plan of treatment and are supervised by a licensed nurse. Persons eligible to receive personal care services shall be those persons who would otherwise require placement in a hospital, intermediate care facility, or skilled nursing facility. Benefits payable for personal care services shall not exceed for any one participant one hundred percent of the Sixty-fifth Day–Thursday, May 7, 2015 2713 average statewide charge for care and treatment in an intermediate care facility for a comparable period of time. Such services, when delivered in a residential care facility or assisted living facility licensed under chapter 198 shall be authorized on a tier level based on the services the resident requires and the frequency of the services. A resident of such facility who qualifies for assistance under section 208.030 shall, at a minimum, if prescribed by a physician, qualify for the tier level with the fewest services. The rate paid to providers for each tier of service shall be set subject to appropriations. Subject to appropriations, each resident of such facility who qualifies for assistance under section 208.030 and meets the level of care required in this section shall, at a minimum, if prescribed by a physician, be authorized up to one hour of personal care services per day. Authorized units of personal care services shall not be reduced or tier level lowered unless an order approving such reduction or lowering is obtained from the resident's personal physician. Such authorized units of personal care services or tier level shall be transferred with such resident if he or she transfers to another such facility. Such provision shall terminate upon receipt of relevant waivers from the federal Department of Health and Human Services. If the Centers for Medicare and Medicaid Services determines that such provision does not comply with the state plan, this provision shall be null and void. The MO HealthNet division shall notify the revisor of statutes as to whether the relevant waivers are approved or a determination of noncompliance is made; (15) Mental health services. The state plan for providing medical assistance under Title XIX of the Social Security Act, 42 U.S.C. Section 301, as amended, shall include the following mental health services when such services are provided by community mental health facilities operated by the department of mental health or designated by the department of mental health as a community mental health facility or as an alcohol and drug abuse facility or as a child-serving agency within the comprehensive children's mental health service system established in section 630.097. The department of mental health shall establish by administrative rule the definition and criteria for designation as a community mental health facility and for designation as an alcohol and drug abuse facility. Such mental health services shall include: (a) Outpatient mental health services including preventive, diagnostic, therapeutic, rehabilitative, and palliative interventions rendered to individuals in an individual or group setting by a mental health professional in accordance with a plan of treatment appropriately established, implemented, monitored, and revised under the auspices of a therapeutic team as a part of client services management; (b) Clinic mental health services including preventive, diagnostic, therapeutic, rehabilitative, and palliative interventions rendered to individuals in an individual or group setting by a mental health professional in accordance with a plan of treatment appropriately established, implemented, monitored, and revised under the auspices of a therapeutic team as a part of client services management; (c) Rehabilitative mental health and alcohol and drug abuse services including home and community-based preventive, diagnostic, therapeutic, rehabilitative, and palliative interventions rendered to individuals in an individual or group setting by a mental health or alcohol and drug abuse professional in accordance with a plan of treatment appropriately established, implemented, monitored, and revised under the auspices of a therapeutic team as a part of client services management. As used in this section, mental health professional and alcohol and drug abuse professional shall be defined by the department of mental health pursuant to duly promulgated rules. With respect to services established by this subdivision, the department of social services, MO HealthNet division, shall enter into an agreement with the department of mental health. Matching funds for outpatient mental health services, clinic mental health services, and rehabilitation services for mental health and alcohol and drug abuse shall be certified by the department of mental health to the MO HealthNet division. The agreement shall establish a mechanism for the joint implementation of the provisions of this subdivision. In addition, the agreement shall establish a mechanism by which rates for services may be jointly developed; (16) Such additional services as defined by the MO HealthNet division to be furnished under waivers of federal statutory requirements as provided for and authorized by the federal Social Security Act (42 U.S.C. Section 301, et seq.) subject to appropriation by the general assembly; (17) The services of an advanced practice registered nurse with a collaborative practice agreement to the extent that such services are provided in accordance with chapters 334 and 335, and regulations promulgated thereunder; (18) Nursing home costs for participants receiving benefit payments under subdivision (4) of this subsection to reserve a bed for the participant in the nursing home during the time that the participant is absent due to admission to a hospital for services which cannot be performed on an outpatient basis, subject to the provisions of this subdivision: (a) The provisions of this subdivision shall apply only if: 2714 Journal of the House

a. The occupancy rate of the nursing home is at or above ninety-seven percent of MO HealthNet certified licensed beds, according to the most recent quarterly census provided to the department of health and senior services which was taken prior to when the participant is admitted to the hospital; and b. The patient is admitted to a hospital for a medical condition with an anticipated stay of three days or less; (b) The payment to be made under this subdivision shall be provided for a maximum of three days per hospital stay; (c) For each day that nursing home costs are paid on behalf of a participant under this subdivision during any period of six consecutive months such participant shall, during the same period of six consecutive months, be ineligible for payment of nursing home costs of two otherwise available temporary leave of absence days provided under subdivision (5) of this subsection; and (d) The provisions of this subdivision shall not apply unless the nursing home receives notice from the participant or the participant's responsible party that the participant intends to return to the nursing home following the hospital stay. If the nursing home receives such notification and all other provisions of this subsection have been satisfied, the nursing home shall provide notice to the participant or the participant's responsible party prior to release of the reserved bed; (19) Prescribed medically necessary durable medical equipment. An electronic web-based prior authorization system using best medical evidence and care and treatment guidelines consistent with national standards shall be used to verify medical need; (20) Hospice care. As used in this subdivision, the term "hospice care" means a coordinated program of active professional medical attention within a home, outpatient and inpatient care which treats the terminally ill patient and family as a unit, employing a medically directed interdisciplinary team. The program provides relief of severe pain or other physical symptoms and supportive care to meet the special needs arising out of physical, psychological, spiritual, social, and economic stresses which are experienced during the final stages of illness, and during dying and bereavement and meets the Medicare requirements for participation as a hospice as are provided in 42 CFR Part 418. The rate of reimbursement paid by the MO HealthNet division to the hospice provider for room and board furnished by a nursing home to an eligible hospice patient shall not be less than ninety-five percent of the rate of reimbursement which would have been paid for facility services in that nursing home facility for that patient, in accordance with subsection (c) of Section 6408 of P.L. 101-239 (Omnibus Budget Reconciliation Act of 1989); (21) Prescribed medically necessary dental services. Such services shall be subject to appropriations. An electronic web-based prior authorization system using best medical evidence and care and treatment guidelines consistent with national standards shall be used to verify medical need; (22) Prescribed medically necessary optometric services. Such services shall be subject to appropriations. An electronic web-based prior authorization system using best medical evidence and care and treatment guidelines consistent with national standards shall be used to verify medical need; (23) Blood clotting products-related services. For persons diagnosed with a bleeding disorder, as defined in section 338.400, reliant on blood clotting products, as defined in section 338.400, such services include: (a) Home delivery of blood clotting products and ancillary infusion equipment and supplies, including the emergency deliveries of the product when medically necessary; (b) Medically necessary ancillary infusion equipment and supplies required to administer the blood clotting products; and (c) Assessments conducted in the participant's home by a pharmacist, nurse, or local home health care agency trained in bleeding disorders when deemed necessary by the participant's treating physician; (24) The MO HealthNet division shall, by January 1, 2008, and annually thereafter, report the status of MO HealthNet provider reimbursement rates as compared to one hundred percent of the Medicare reimbursement rates and compared to the average dental reimbursement rates paid by third-party payors licensed by the state. The MO HealthNet division shall, by July 1, 2008, provide to the general assembly a four-year plan to achieve parity with Medicare reimbursement rates and for third-party payor average dental reimbursement rates. Such plan shall be subject to appropriation and the division shall include in its annual budget request to the governor the necessary funding needed to complete the four-year plan developed under this subdivision. 2. Additional benefit payments for medical assistance shall be made on behalf of those eligible needy children, pregnant women and blind persons with any payments to be made on the basis of the reasonable cost of the care or reasonable charge for the services as defined and determined by the MO HealthNet division, unless otherwise hereinafter provided, for the following: (1) Dental services; (2) Services of podiatrists as defined in section 330.010; Sixty-fifth Day–Thursday, May 7, 2015 2715

(3) Optometric services as defined in section 336.010; (4) Orthopedic devices or other prosthetics, including eye glasses, dentures, hearing aids, and wheelchairs; (5) Hospice care. As used in this subdivision, the term "hospice care" means a coordinated program of active professional medical attention within a home, outpatient and inpatient care which treats the terminally ill patient and family as a unit, employing a medically directed interdisciplinary team. The program provides relief of severe pain or other physical symptoms and supportive care to meet the special needs arising out of physical, psychological, spiritual, social, and economic stresses which are experienced during the final stages of illness, and during dying and bereavement and meets the Medicare requirements for participation as a hospice as are provided in 42 CFR Part 418. The rate of reimbursement paid by the MO HealthNet division to the hospice provider for room and board furnished by a nursing home to an eligible hospice patient shall not be less than ninety-five percent of the rate of reimbursement which would have been paid for facility services in that nursing home facility for that patient, in accordance with subsection (c) of Section 6408 of P.L. 101-239 (Omnibus Budget Reconciliation Act of 1989); (6) Comprehensive day rehabilitation services beginning early posttrauma as part of a coordinated system of care for individuals with disabling impairments. Rehabilitation services must be based on an individualized, goal- oriented, comprehensive and coordinated treatment plan developed, implemented, and monitored through an interdisciplinary assessment designed to restore an individual to optimal level of physical, cognitive, and behavioral function. The MO HealthNet division shall establish by administrative rule the definition and criteria for designation of a comprehensive day rehabilitation service facility, benefit limitations and payment mechanism. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this subdivision shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2005, shall be invalid and void. 3. The MO HealthNet division may require any participant receiving MO HealthNet benefits to pay part of the charge or cost until July 1, 2008, and an additional payment after July 1, 2008, as defined by rule duly promulgated by the MO HealthNet division, for all covered services except for those services covered under subdivisions (14) and (15) of subsection 1 of this section and sections 208.631 to 208.657 to the extent and in the manner authorized by Title XIX of the federal Social Security Act (42 U.S.C. Section 1396, et seq.) and regulations thereunder. When substitution of a generic drug is permitted by the prescriber according to section 338.056, and a generic drug is substituted for a name-brand drug, the MO HealthNet division may not lower or delete the requirement to make a co-payment pursuant to regulations of Title XIX of the federal Social Security Act. A provider of goods or services described under this section must collect from all participants the additional payment that may be required by the MO HealthNet division under authority granted herein, if the division exercises that authority, to remain eligible as a provider. Any payments made by participants under this section shall be in addition to and not in lieu of payments made by the state for goods or services described herein except the participant portion of the pharmacy professional dispensing fee shall be in addition to and not in lieu of payments to pharmacists. A provider may collect the co-payment at the time a service is provided or at a later date. A provider shall not refuse to provide a service if a participant is unable to pay a required payment. If it is the routine business practice of a provider to terminate future services to an individual with an unclaimed debt, the provider may include uncollected co-payments under this practice. Providers who elect not to undertake the provision of services based on a history of bad debt shall give participants advance notice and a reasonable opportunity for payment. A provider, representative, employee, independent contractor, or agent of a pharmaceutical manufacturer shall not make co- payment for a participant. This subsection shall not apply to other qualified children, pregnant women, or blind persons. If the Centers for Medicare and Medicaid Services does not approve the Missouri MO HealthNet state plan amendment submitted by the department of social services that would allow a provider to deny future services to an individual with uncollected co-payments, the denial of services shall not be allowed. The department of social services shall inform providers regarding the acceptability of denying services as the result of unpaid co-payments. 4. The MO HealthNet division shall have the right to collect medication samples from participants in order to maintain program integrity. 5. Reimbursement for obstetrical and pediatric services under subdivision (6) of subsection 1 of this section shall be timely and sufficient to enlist enough health care providers so that care and services are available under the state plan for MO HealthNet benefits at least to the extent that such care and services are available to the general population in the geographic area, as required under subparagraph (a)(30)(A) of 42 U.S.C. Section 1396a and federal regulations promulgated thereunder. 2716 Journal of the House

6. Beginning July 1, 1990, reimbursement for services rendered in federally funded health centers shall be in accordance with the provisions of subsection 6402(c) and Section 6404 of P.L. 101-239 (Omnibus Budget Reconciliation Act of 1989) and federal regulations promulgated thereunder. 7. Beginning July 1, 1990, the department of social services shall provide notification and referral of children below age five, and pregnant, breast-feeding, or postpartum women who are determined to be eligible for MO HealthNet benefits under section 208.151 to the special supplemental food programs for women, infants and children administered by the department of health and senior services. Such notification and referral shall conform to the requirements of Section 6406 of P.L. 101-239 and regulations promulgated thereunder. 8. Providers of long-term care services shall be reimbursed for their costs in accordance with the provisions of Section 1902 (a)(13)(A) of the Social Security Act, 42 U.S.C. Section 1396a, as amended, and regulations promulgated thereunder. 9. Reimbursement rates to long-term care providers with respect to a total change in ownership, at arm's length, for any facility previously licensed and certified for participation in the MO HealthNet program shall not increase payments in excess of the increase that would result from the application of Section 1902 (a)(13)(C) of the Social Security Act, 42 U.S.C. Section 1396a (a)(13)(C). 10. The MO HealthNet division, may enroll qualified residential care facilities and assisted living facilities, as defined in chapter 198, as MO HealthNet personal care providers. 11. Any income earned by individuals eligible for certified extended employment at a sheltered workshop under chapter 178 shall not be considered as income for purposes of determining eligibility under this section. 12. Subject to appropriations, providers of behavioral, social, and psychophysiological services for the prevention, treatment, or management of physical health problems shall be reimbursed utilizing the behavior assessment and intervention reimbursement codes 96150 to 96154 or their successor codes under the Current Procedural Terminology (CPT) coding system. Providers eligible for such reimbursement shall include psychologists."; and

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

On motion of Representative Hubrecht, House Amendment No. 4 was adopted.

On motion of Representative Barnes, HCS SCS SB 230, as amended, was adopted.

On motion of Representative Barnes, HCS SCS SB 230, as amended, was read the third time and passed by the following vote:

AYES: 153

Adams Alferman Allen Anders Anderson Andrews Arthur Austin Bahr Barnes Basye Beard Bernskoetter Berry Black Bondon Brattin Brown 57 Burlison Burns Butler Carpenter Chipman Cierpiot Colona Conway 10 Conway 104 Cookson Corlew Cornejo Crawford Cross Curtman Davis Dogan Dohrman Dunn Eggleston Ellington Engler English Entlicher Fitzpatrick Fitzwater 144 Fitzwater 49 Flanigan Fraker Franklin Frederick Gannon Gardner Gosen Green Haahr Haefner Hansen Harris Hicks Higdon Hill Hinson Hoskins Hough Houghton Hubbard Hubrecht Hummel Hurst Johnson Jones Justus Keeney Kelley Kendrick Kidd King Kirkton Koenig Kolkmeyer Korman Kratky LaFaver Lair Lant Lauer Lavender Leara Lichtenegger Love Lynch Mathews May McCann Beatty McCreery McDaniel Sixty-fifth Day–Thursday, May 7, 2015 2717

McDonald McGaugh McManus McNeil Meredith Messenger Miller Mims Mitten Montecillo Morgan Morris Muntzel Neely Newman Nichols Norr Otto Pace Parkinson Peters Pfautsch Phillips Pierson Pietzman Pike Redmon Rehder Reiboldt Remole Rhoads Richardson Rizzo Roden Roeber Rone Ross Rowden Rowland Runions Ruth Shaul Shumake Solon Sommer Spencer Swan Taylor Vescovo Walker Walton Gray Webber White Wiemann Wilson Wood Zerr Mr. Speaker

NOES: 003

Marshall Moon Pogue

PRESENT: 000

ABSENT WITH LEAVE: 006

Brown 94 Curtis Dugger McCaherty Shull Smith

VACANCIES: 001

Speaker Diehl declared the bill passed.

The emergency clause was adopted by the following vote:

AYES: 145

Adams Alferman Allen Anders Anderson Andrews Arthur Austin Bahr Barnes Basye Beard Bernskoetter Black Brattin Burlison Burns Butler Chipman Cierpiot Conway 10 Conway 104 Cookson Corlew Cornejo Crawford Cross Curtis Curtman Davis Dogan Dohrman Dugger Dunn Eggleston Engler English Entlicher Fitzpatrick Fitzwater 144 Fitzwater 49 Flanigan Fraker Franklin Frederick Gannon Gardner Gosen Green Haahr Haefner Hansen Harris Hicks Higdon Hill Hinson Hoskins Hough Houghton Hubbard Hubrecht Hummel Hurst Johnson Jones Justus Keeney Kelley Kendrick Kidd King Kirkton Koenig Kolkmeyer Korman Kratky LaFaver Lair Lant Lauer Lavender Leara Lichtenegger Love Lynch Mathews May McCann Beatty McCreery McDaniel McDonald McGaugh McManus McNeil Meredith Messenger Miller Mims Mitten Montecillo Morgan Morris Muntzel Neely Newman Nichols Norr Otto Pace Peters Pfautsch Phillips Pierson Pike Redmon Rehder Reiboldt Remole Rhoads Richardson Rizzo Roden Roeber Rone 2718 Journal of the House

Ross Rowden Rowland Runions Ruth Shaul Shumake Solon Sommer Swan Taylor Vescovo Walker Walton Gray Webber White Wiemann Wood Zerr Mr. Speaker

NOES: 011

Berry Bondon Ellington Marshall Moon Parkinson Pietzman Pogue Smith Spencer Wilson

PRESENT: 001

Brown 57

ABSENT WITH LEAVE: 005

Brown 94 Carpenter Colona McCaherty Shull

VACANCIES: 001

HCS SCS SB 190, relating to sales taxes, was taken up by Representative Berry.

Representative Berry moved that HCS SCS SB 190 be adopted.

Which motion was defeated.

On motion of Representative Berry, SCS SB 190 was truly agreed to and finally passed by the following vote:

AYES: 102

Adams Alferman Allen Anders Arthur Austin Berry Black Burns Butler Carpenter Cierpiot Conway 10 Conway 104 Cookson Corlew Cornejo Cross Davis Dogan Dohrman Dunn Ellington Engler English Flanigan Franklin Gannon Gosen Green Haefner Hansen Harris Higdon Hinson Hoskins Houghton Hubbard Hummel Justus Kelley Kendrick Kidd King Kirkton Kolkmeyer Korman Kratky LaFaver Lair Lant Lauer Lavender Lichtenegger Love Lynch May McCann Beatty McCreery McDonald McGaugh McManus McNeil Meredith Messenger Miller Mims Mitten Montecillo Morgan Morris Muntzel Neely Newman Nichols Norr Otto Pace Peters Pfautsch Phillips Pierson Pike Redmon Reiboldt Rhoads Richardson Rizzo Roeber Rone Rowden Runions Ruth Shaul Shumake Solon Swan Walker Walton Gray White Wood Mr. Speaker Sixty-fifth Day–Thursday, May 7, 2015 2719

NOES: 054

Anderson Andrews Bahr Barnes Basye Beard Bernskoetter Bondon Brattin Brown 57 Burlison Chipman Colona Crawford Curtis Curtman Dugger Eggleston Entlicher Fitzpatrick Fitzwater 49 Frederick Gardner Haahr Hicks Hill Hough Hubrecht Hurst Johnson Jones Keeney Koenig Leara Marshall Mathews McDaniel Moon Parkinson Pietzman Pogue Rehder Remole Roden Ross Rowland Smith Sommer Spencer Taylor Vescovo Wiemann Wilson Zerr

PRESENT: 000

ABSENT WITH LEAVE: 006

Brown 94 Fitzwater 144 Fraker McCaherty Shull Webber

VACANCIES: 001

Speaker Diehl declared the bill passed.

BILLS IN CONFERENCE

CCR HCS SS SCS SB 5, as amended, relating to local government, was taken up by Representative Curtman.

CCR HCS SS SCS SB 5, as amended, was laid over.

On motion of Representative Richardson, the House recessed until 12:30 p.m.

AFTERNOON SESSION

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

MESSAGES FROM THE SENATE

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS HCS HB 137 entitled:

An act to repeal sections 34.040 and 136.055, RSMo, and to enact in lieu thereof two new sections relating to competitive bidding, with an emergency clause.

With Senate Amendment No. 1.

Senate Amendment No. 1

AMEND Senate Substitute for House Committee Substitute for House Bill No. 137, Page 4, Section 34.040, Line 18, of said page, by inserting after all of said line the following: 2720 Journal of the House

“67.617. 1. Each regional convention and visitors commission shall, before the second Monday in October, make an annual report to the chief executive officers and governing bodies of the city and county, respectively, and to the general assembly stating the condition of the commission on the first day of July of that year, and the various sums of money received and distributed by it during the preceding calendar year. The fiscal year for each regional convention and visitors commission shall begin on the first day of July and end on the thirtieth day of June of the following calendar year. 2. Before the close of the first fiscal year of such commission, and at the close of every third fiscal year thereafter, the chief executives of the city and county, jointly, shall appoint one or more certified public accountants, who shall annually examine the books, accounts, and vouchers of the regional convention and visitors commission, and who shall make due report thereof to the chief executives and the board of the district. The commission shall produce and submit to the accountants for examination all books, papers, documents, vouchers, and accounts of their office belonging or pertaining to the office, and shall in every way assist the accountants in their work. In the report to be made by the accountants they may make any recommendation they deem proper as to the business methods of the officers and employees. A reasonable compensation for the services of the accountants shall be paid by the commission. 3. In addition to the exceptions available under sections 610.010 to 610.225, the leases, agreements, contracts, or subleases, and any amendments thereto, for space, usage, or services in any convention center or related facilities owned or operated by a regional convention and visitors commission, or any drafts or unexecuted versions of such documents, shall not be considered public records within the meaning of subdivision (6) of section 610.010, when, in the reasonable judgment of the commission, the disclosure of the information in the records may endanger the competitiveness of the business or prospects of the commission or provide an unfair advantage to its competitors; provided, however, that the foregoing may not be deemed to include any leases, agreements, contracts, or subleases involving a professional sports franchise.”; and

Further amend the title and enacting clause accordingly.

Emergency clause adopted.

In which the concurrence of the House is respectfully requested.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like committee from the House on HCS SCS SB 210, as amended.

Senators: Schaefer, Schaaf, Onder, LeVota, and Curls

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like committee from the House on HCS SB 221.

Senators: Schatz, Schmitt, Romine, Chappelle-Nadal, and Walsh

HOUSE BILLS WITH SENATE AMENDMENTS

SS SCS HB 556, as amended, relating to children and families, was taken up by Representative Wood.

Representative Wood moved that the House refuse to adopt SS SCS HB 556, as amended, and request the Senate to recede from its position and, failing to do so, grant the House a conference.

Which motion was adopted. Sixty-fifth Day–Thursday, May 7, 2015 2721

BILLS IN CONFERENCE

CCR HCS SS SCS SB 5, as amended, relating to local government, was again taken up by Representative Curtman.

Representative Keeney assumed the Chair.

Representative Richardson moved the previous question.

Which motion was adopted by the following vote:

AYES: 114

Alferman Allen Anderson Andrews Austin Bahr Barnes Basye Beard Bernskoetter Berry Black Bondon Brattin Brown 57 Burlison Chipman Cierpiot Conway 104 Cookson Corlew Cornejo Crawford Cross Curtman Davis Dogan Dohrman Dugger Eggleston Engler Entlicher Fitzpatrick Fitzwater 144 Fitzwater 49 Flanigan Fraker Franklin Frederick Gannon Gosen Haahr Haefner Hansen Hicks Higdon Hill Hinson Hoskins Hough Houghton Hubrecht Hurst Johnson Jones Justus Keeney Kelley Kidd King Koenig Kolkmeyer Korman Lair Lant Lauer Leara Lichtenegger Love Lynch Marshall Mathews McCaherty McDaniel McGaugh Messenger Miller Moon Morris Muntzel Neely Parkinson Pfautsch Phillips Pietzman Pike Pogue Redmon Rehder Reiboldt Remole Rhoads Richardson Roden Roeber Ross Rowden Rowland Ruth Shaul Shumake Solon Sommer Spencer Swan Taylor Vescovo Walker White Wiemann Wilson Wood Zerr Mr. Speaker

NOES: 044

Adams Anders Arthur Burns Butler Carpenter Colona Conway 10 Curtis Dunn Ellington Gardner Green Harris Hubbard Hummel Kendrick Kirkton Kratky LaFaver Lavender May McCann Beatty McCreery McDonald McManus McNeil Meredith Mims Mitten Montecillo Morgan Newman Nichols Norr Otto Pace Peters Pierson Rizzo Runions Smith Walton Gray Webber

PRESENT: 000

ABSENT WITH LEAVE: 004

Brown 94 English Rone Shull

VACANCIES: 001 2722 Journal of the House

Speaker Diehl resumed the Chair.

On motion of Representative Curtman, CCR HCS SS SCS SB 5, as amended, was adopted by the following vote:

AYES: 130

Alferman Allen Anderson Andrews Arthur Austin Bahr Barnes Basye Beard Bernskoetter Berry Black Bondon Brattin Brown 57 Burlison Burns Butler Chipman Cierpiot Colona Conway 10 Conway 104 Cookson Corlew Cornejo Cross Curtman Davis Dogan Dohrman Eggleston Ellington Engler English Fitzpatrick Fitzwater 144 Fitzwater 49 Flanigan Franklin Frederick Gannon Gosen Haahr Haefner Hansen Harris Hicks Higdon Hill Hinson Hoskins Hough Houghton Hubbard Hubrecht Hummel Hurst Johnson Jones Justus Keeney Kelley Kendrick Kidd King Koenig Kolkmeyer Korman Kratky LaFaver Lair Lant Lauer Leara Lichtenegger Love Lynch Marshall Mathews May McCaherty McCann Beatty McDaniel McGaugh McManus Messenger Miller Moon Morris Muntzel Neely Nichols Parkinson Peters Pfautsch Phillips Pierson Pietzman Pike Redmon Rehder Reiboldt Remole Rhoads Richardson Rizzo Roden Roeber Ross Rowden Rowland Ruth Shaul Shumake Solon Sommer Spencer Swan Taylor Vescovo Walker Webber White Wiemann Wilson Wood Zerr Mr. Speaker

NOES: 028

Adams Anders Carpenter Crawford Curtis Dugger Dunn Entlicher Fraker Gardner Kirkton Lavender McCreery McDonald McNeil Meredith Mims Mitten Montecillo Morgan Newman Norr Otto Pace Pogue Runions Smith Walton Gray

PRESENT: 001

Green

ABSENT WITH LEAVE: 003

Brown 94 Rone Shull

VACANCIES: 001

On motion of Representative Curtman, CCS HCS SS SCS SB 5 was truly agreed to and finally passed by the following vote: Sixty-fifth Day–Thursday, May 7, 2015 2723

AYES: 134

Alferman Allen Anders Anderson Andrews Arthur Austin Bahr Barnes Basye Beard Bernskoetter Berry Black Bondon Brattin Brown 57 Burlison Burns Butler Chipman Cierpiot Colona Conway 10 Conway 104 Cookson Corlew Cornejo Cross Curtman Davis Dogan Dohrman Eggleston Ellington Engler English Fitzpatrick Fitzwater 144 Fitzwater 49 Flanigan Franklin Frederick Gannon Gosen Green Haahr Haefner Hansen Harris Hicks Higdon Hill Hinson Hoskins Hough Houghton Hubbard Hubrecht Hummel Hurst Johnson Jones Justus Keeney Kelley Kendrick Kidd King Koenig Kolkmeyer Korman Kratky LaFaver Lair Lant Lauer Leara Lichtenegger Love Lynch Marshall Mathews May McCaherty McCann Beatty McDaniel McGaugh McManus Messenger Miller Moon Morris Muntzel Neely Nichols Parkinson Peters Pfautsch Phillips Pierson Pietzman Pike Redmon Rehder Reiboldt Remole Rhoads Richardson Rizzo Roden Roeber Rone Ross Rowden Rowland Runions Ruth Shaul Shumake Solon Sommer Spencer Swan Taylor Vescovo Walker Webber White Wiemann Wilson Wood Zerr Mr. Speaker

NOES: 025

Adams Carpenter Crawford Curtis Dunn Entlicher Fraker Gardner Kirkton Lavender McCreery McDonald McNeil Meredith Mims Mitten Montecillo Morgan Newman Norr Otto Pace Pogue Smith Walton Gray

PRESENT: 000

ABSENT WITH LEAVE: 003

Brown 94 Dugger Shull

VACANCIES: 001

Speaker Diehl declared the bill passed.

BILLS CARRYING REQUEST MESSAGES

HCS SCS SB 322, as amended, relating to public assistance, was taken up by Representative Engler.

Representative Engler moved that the House refuse to recede from its position on HCS SCS SB 322, as amended, and grant the Senate a conference. 2724 Journal of the House

Which motion was adopted.

SCS SB 328, with House Amendment No. 1 and House Amendment No. 2, relating to youth suicide awareness and prevention education, was taken up by Representative Lauer.

Representative Lauer moved that the House refuse to recede from its position on House Amendment No. 1 and House Amendment No. 2 to SCS SB 328 and grant the Senate a conference.

Which motion was adopted.

HCS SCS SB 380, as amended, relating to health care, was taken up by Representative Lair.

Representative Lair moved that the House refuse to recede from its position HCS SCS SB 380, as amended, and grant the Senate a conference.

Which motion was adopted.

THIRD READING OF SENATE BILLS

HCS SCS SB 326, relating to political subdivisions, was taken up by Representative Fraker.

Representative Hinson offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 326, Page 9, Section 72.418, Lines 15-16, by deleting said lines and inserting in lieu thereof the following:

"is not completed by August 28, 2015, shall continue to levy and collect taxes in the annexed area as authorized under chapter 321. The annexing city shall not levy or collect any"; and

Further amend said bill and section, Page 12, Line 116, by inserting immediately after said line the following:

"7. Notwithstanding any other provision of law to the contrary, if, after the effective date of this section, litigation is filed concerning the validity or constitutionality of subsections 3 and 4 of this section, the annexing city shall continue to pay to the fire protection district the amount required to be paid by the annexing city under subsection 3 or subsection 4 of this section."; and

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

On motion of Representative Hinson, House Amendment No. 1 was adopted.

Representative King offered House Amendment No. 2. Sixty-fifth Day–Thursday, May 7, 2015 2725

House Amendment No. 2

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 326, Page 12, Section 72.418, Line 116, by inserting the following after all of said line:

"94.902. 1. The governing [body] bodies of the following cities may impose a tax as provided in this section: (1) Any city of the third classification with more than twenty-six thousand three hundred but less than twenty-six thousand seven hundred inhabitants[, or] ; (2) Any city of the fourth classification with more than thirty thousand three hundred but fewer than thirty thousand seven hundred inhabitants[, or] ; (3) Any city of the fourth classification with more than twenty-four thousand eight hundred but fewer than twenty-five thousand inhabitants[,] ; (4) Any special charter city with more than twenty-nine thousand but fewer than thirty-two thousand inhabitants; or (5) Any city of the third classification with more than four thousand but fewer than four thousand five hundred inhabitants and located in any county of the first classification with more than two hundred thousand but fewer than two hundred sixty thousand inhabitants. 2. The governing body of any city listed in subsection 1 of this section may impose, by order or ordinance, a sales tax on all retail sales made in the city which are subject to taxation under chapter 144. The tax authorized in this section may be imposed in an amount of up to one-half of one percent, and shall be imposed solely for the purpose of improving the public safety for such city, including but not limited to expenditures on equipment, city employee salaries and benefits, and facilities for police, fire and emergency medical providers. The tax authorized in this section shall be in addition to all other sales taxes imposed by law, and shall be stated separately from all other charges and taxes. The order or ordinance imposing a sales tax under this section shall not become effective unless the governing body of the city submits to the voters residing within the city, at a county or state general, primary, or special election, a proposal to authorize the governing body of the city to impose a tax under this section. [2.] 3. The ballot of submission for the tax authorized in this section shall be in substantially the following form: Shall the city of ...... (city's name) impose a citywide sales tax at a rate of ...... (insert rate of percent) percent for the purpose of improving the public safety of the city? 9 YES 9 NO If you are in favor of the question, place an "X" in the box opposite "YES". If you are opposed to the question, place an "X" in the box opposite "NO". If a majority of the votes cast on the proposal by the qualified voters voting thereon are in favor of the proposal, then the ordinance or order and any amendments to the order or ordinance shall become effective on the first day of the second calendar quarter after the director of revenue receives notice of the adoption of the sales tax. If a majority of the votes cast on the proposal by the qualified voters voting thereon are opposed to the proposal, then the tax shall not become effective unless the proposal is resubmitted under this section to the qualified voters and such proposal is approved by a majority of the qualified voters voting on the proposal. However, in no event shall a proposal under this section be submitted to the voters sooner than twelve months from the date of the last proposal under this section. [3.] 4. Any sales tax imposed under this section shall be administered, collected, enforced, and operated as required in section 32.087. All sales taxes collected by the director of the department of revenue under this section on behalf of any city, less one percent for cost of collection which shall be deposited in the state's general revenue fund after payment of premiums for surety bonds as provided in section 32.087, shall be deposited in a special trust fund, which is hereby created in the state treasury, to be known as the "City Public Safety Sales Tax Trust Fund". The moneys in the trust fund shall not be deemed to be state funds and shall not be commingled with any funds of the state. The provisions of section 33.080 to the contrary notwithstanding, money in this fund shall not be transferred and placed to the credit of the general revenue fund. The director shall keep accurate records of the amount of money in the trust fund and which was collected in each city imposing a sales tax under this section, and the records shall be open to the inspection of officers of the city and the public. Not later than the tenth day of each month the director shall distribute all moneys deposited in the trust fund during the preceding month to the city which levied the tax. Such funds shall be deposited with the city treasurer of each such city, and all expenditures of funds arising from the trust fund shall be by an appropriation act to be enacted by the governing body of each such 2726 Journal of the House city. Expenditures may be made from the fund for any functions authorized in the ordinance or order adopted by the governing body submitting the tax to the voters. If the tax is repealed, all funds remaining in the special trust fund shall continue to be used solely for the designated purposes. Any funds in the special trust fund which are not needed for current expenditures shall be invested in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund. [4.] 5. The director of the department of revenue may authorize the state treasurer to make refunds from the amounts in the trust fund and credited to any city for erroneous payments and overpayments made, and may redeem dishonored checks and drafts deposited to the credit of such cities. If any city abolishes the tax, the city shall notify the director of the action at least ninety days before the effective date of the repeal, and the director may order retention in the trust fund, for a period of one year, of two percent of the amount collected after receipt of such notice to cover possible refunds or overpayment of the tax and to redeem dishonored checks and drafts deposited to the credit of such accounts. After one year has elapsed after the effective date of abolition of the tax in such city, the director shall remit the balance in the account to the city and close the account of that city. The director shall notify each city of each instance of any amount refunded or any check redeemed from receipts due the city. [5.] 6. The governing body of any city that has adopted the sales tax authorized in this section may submit the question of repeal of the tax to the voters on any date available for elections for the city. The ballot of submission shall be in substantially the following form: Shall ...... (insert the name of the city) repeal the sales tax imposed at a rate of ...... (insert rate of percent) percent for the purpose of improving the public safety of the city? 9 YES 9 NO If a majority of the votes cast on the proposal are in favor of repeal, that repeal shall become effective on December thirty-first of the calendar year in which such repeal was approved. If a majority of the votes cast on the question by the qualified voters voting thereon are opposed to the repeal, then the sales tax authorized in this section shall remain effective until the question is resubmitted under this section to the qualified voters, and the repeal is approved by a majority of the qualified voters voting on the question. [6.] 7. Whenever the governing body of any city that has adopted the sales tax authorized in this section receives a petition, signed by ten percent of the registered voters of the city voting in the last gubernatorial election, calling for an election to repeal the sales tax imposed under this section, the governing body shall submit to the voters of the city a proposal to repeal the tax. If a majority of the votes cast on the question by the qualified voters voting thereon are in favor of the repeal, that repeal shall become effective on December thirty-first of the calendar year in which such repeal was approved. If a majority of the votes cast on the question by the qualified voters voting thereon are opposed to the repeal, then the tax shall remain effective until the question is resubmitted under this section to the qualified voters and the repeal is approved by a majority of the qualified voters voting on the question. [7.] 8. Except as modified in this section, all provisions of sections 32.085 and 32.087 shall apply to the tax imposed under this section."; and

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

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

Representative Walker offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 326, Page 9, Section 67.950, Line 79, by inserting after said line the following:

"70.210. As used in sections 70.210 to 70.320, the following terms mean: (1) "Governing body", the board, body or persons in which the powers of a municipality or political subdivision are vested; (2) "Municipality", municipal corporations, political corporations, and other public corporations and agencies authorized to exercise governmental functions; (3) "Political subdivision", counties, townships, cities, towns, villages, school, county library, city library, city-county library, road, drainage, sewer, levee and fire districts, soil and water conservation districts, watershed Sixty-fifth Day–Thursday, May 7, 2015 2727 subdistricts, county hospitals, [and] any board of control of an art museum, the board created under sections 205.968 to 205.973, and any other public subdivision or public corporation having the power to tax."; and

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

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

Representative Leara offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 326, Page 12, Section 72.418, Line 116, by inserting after all of said section and line the following:

"94.360. 1. The council of any incorporated town or city in this state having a special charter and which contains not more than thirty thousand inhabitants may by ordinance levy and collect a license tax on wholesale houses, auctioneers, architects, druggists, grocers, banks, brokers, wholesale merchants, merchants of all kinds, confectioners, delivery trucks, ice trucks, transfer trucks, laundry wagons, milk wagons, merchant delivery companies, cigar and tobacco stands, hay scales, wood dealers, coal dealers, coal distributors, coal truckers, lumber dealers, real estate agents, loan companies, abstracters, abstract agencies, loan agents, collection agencies, undertakers, public buildings, office buildings, public halls, public grounds, concerts, photographers in office or upon streets, canvassers, artists, drummers, patent right dealers, insurance companies, insurance agents, taverns, hotels, rooming houses, boarding houses, sanitariums, hospitals, health schools, telephone companies, street contractors, paperhanger contractors, painting contractors, plastering contractors, and all subcontractors, flour mills, express company agencies, opticians, wagons, buggies, carriages, tinners, barbers, barbershops, hairdressers, hair dressing shops, whether conducted in connection with other business or separate, beauty parlors, tailors, florists, nursery stock agents, bookbinders, monument dealers, and agencies, manufacturing agents, shoe cobbler shops, storage warehouses, shoe shining parlors, job printing plants, outdoor advertising, ready-to-wear clothing agencies, tailor-made clothing agencies, sewing machine agencies, piano and organ dealers and agents, foreign coffee and tea dealers, and agents or all other vocations whatsoever, and fix the rate of carriage of persons and wagonage, drayage and cartage of property; and may levy and collect a license tax and regulate hawkers, peddlers, pawnbrokers, restaurants, butchers, wholesale butchers, bathhouses and masseurs, lunch stands, lunch counters, lunch wagons, soft drink and ice cream stands and vendors, ice cream parlors, peanut and popcorn stands, and stands of every kind, hucksters, opera houses, moving picture shows, private parks, public lectures, public meetings, baseball parks, horse and cattle dealers, stockyards, wagon yards, auto yards, oil stations, wholesale and retail inspectors, gaugers, mercantile agents, manufacturing and other corporations, or institutions, machine shops, blacksmith shops, radio repair shops, foundries, sewer contractors, building contractors, stone contractors, sidewalk contractors, bridge contractors, plumbing contractors, brick contractors, cement contractors, and all subcontractors, street railroad cars, gas companies, light companies, power companies, and water companies, laundries, laundry agencies, rug and carpet cleaners, linen supply rental service, conditioning and renting for use, bed linen, table linen, towels, rugs, uniform aprons, coats, caps, coveralls, chair covers, automobile seat covers or any other items, ice plants and ice plant agencies, ice dealers, omnibuses, automobiles, automobile trailers, tractors, carts, drays, milk wagons, laundry wagons, delivery wagons, transfer and job wagons, ice wagons, and all other vehicles, traveling and auction stores, plumbers, pressing establishments, installment houses and agencies, produce and poultry dealers, feather renovators, baker and bakeries, bakery delivery wagons, and delivery autos, bottling works, dye works, cleaning establishments, sand plants, steamfitters, corn doctors, chiropodists, hackmen, taxicabs, buses, draymen, omnibus drivers, porters, dairies, and regulate the same, and all other pursuing like occupations; and may levy and collect a license tax, regulate, restrain, prohibit and suppress ordinaries, money brokers, money changers, intelligence and employment offices, and agencies, public masquerades, balls, street exhibitions, dance halls, fortune tellers, pistol galleries, shooting galleries, palmists, private venereal hospitals, museums, menageries, equestrian performances, fluoroscopic views, picture shows, telescopic views, lung testers, muscle developers, magnifying glasses, ten pin alleys, ball alleys, bowling alleys, billiard tables, pool and other tables, miniature golf courses, theatrical or other exhibitions, boxing and sparring exhibitions, shows and amusements, amusement parks, and the sale of unclaimed goods by express companies or common carriers, auto wrecking shops, bill posters, junk dealers, porters, carnival and street fairs, circuses and shows for parade and exhibition, or both, skating rinks and runners, and solicitors for steamboats, 2728 Journal of the House cars, stages, taxicabs, hotels, rooming houses, boarding houses, bathhouses, masseurs, hospitals, sanitariums, health schools, and all other pursuing like occupations. 2. Notwithstanding any other law to the contrary, the total license taxes, including those authorized under sections 94.360 and 94.270, imposed upon hotels or motels levied by any city may not exceed one-eighth of one percent of a hotel's or motel's gross revenue or the tax rate imposed on hotels and motels as of May 1, 2015, whichever is higher. The provisions of this section shall not apply to any tax levied in compliance with subsection 7 of section 94.270 or to any tax levied under section 92.045."; and

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

Representative Keeney resumed the Chair.

HCS SCS SB 326, as amended, House Amendment No. 4, pending, was laid over.

Speaker Diehl resumed the Chair.

APPOINTMENT OF CONFERENCE COMMITTEES

The Speaker appointed the following Conference Committees to act with like committees from the Senate on the following bills:

HCS SCS SB 380: Representatives Lair, Cornejo, Dugger, Kirkton, and Arthur SCS SB 328: Representatives Lauer, Frederick, Rowland, Morgan, and Arthur HCS SCS SB 322: Representatives Engler, Zerr, Franklin, Kirkton, and Meredith HCS SB 221: Representatives Hinson, Leara, Allen, Otto, and Burns HCS SCS SB 210: Representatives Flanigan, Allen, Leara, Rizzo, and McCann Beatty

Representative Keeney resumed the Chair.

THIRD READING OF SENATE BILLS

HCS SCS SB 326, as amended, House Amendment No. 4, pending, relating to political subdivisions, was again taken up by Representative Fraker.

On motion of Representative Leara, House Amendment No. 4 was adopted.

Representative Rowland offered House Amendment No. 5.

House Amendment No. 5

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 326, Page 7, Section 59.022, Line 13, by inserting after said line the following:

"67.402. 1. The governing body of the following counties may enact nuisance abatement ordinances as provided in this section: (1) Any county of the first classification with more than one hundred thirty-five thousand four hundred but fewer than one hundred thirty-five thousand five hundred inhabitants; (2) Any county of the first classification with more than seventy-one thousand three hundred but fewer than seventy-one thousand four hundred inhabitants; Sixty-fifth Day–Thursday, May 7, 2015 2729

(3) Any county of the first classification without a charter form of government and with more than one hundred ninety-eight thousand but fewer than one hundred ninety-nine thousand two hundred inhabitants; (4) Any county of the first classification with more than eighty-five thousand nine hundred but fewer than eighty-six thousand inhabitants; (5) Any county of the third classification without a township form of government and with more than sixteen thousand four hundred but fewer than sixteen thousand five hundred inhabitants; (6) Any county of the third classification with a township form of government and with more than fourteen thousand five hundred but fewer than fourteen thousand six hundred inhabitants; (7) Any county of the first classification with more than eighty-two thousand but fewer than eighty-two thousand one hundred inhabitants; (8) Any county of the first classification with more than one hundred four thousand six hundred but fewer than one hundred four thousand seven hundred inhabitants; (9) Any county of the third classification with a township form of government and with more than seven thousand nine hundred but fewer than eight thousand inhabitants; [and] (10) Any county of the second classification with more than fifty-two thousand six hundred but fewer than fifty-two thousand seven hundred inhabitants; (11) Any county of the first classification with more than fifty thousand but fewer than seventy thousand inhabitants. 2. The governing body of any county described in subsection 1 of this section may enact ordinances to provide for the abatement of a condition of any lot or land that has the presence of rubbish and trash, lumber, bricks, tin, steel, parts of derelict motorcycles, derelict cars, derelict trucks, derelict construction equipment, derelict appliances, broken furniture, or overgrown or noxious weeds in residential subdivisions or districts which may endanger public safety or which is unhealthy or unsafe and declared to be a public nuisance. 3. Any ordinance enacted pursuant to this section shall: (1) Set forth those conditions which constitute a nuisance and which are detrimental to the health, safety, or welfare of the residents of the county; (2) Provide for duties of inspectors with regard to those conditions which may be declared a nuisance, and shall provide for duties of the building commissioner or designated officer or officers to supervise all inspectors and to hold hearings regarding such property; (3) Provide for service of adequate notice of the declaration of nuisance, which notice shall specify that the nuisance is to be abated, listing a reasonable time for commencement, and may provide that such notice be served either by personal service or by certified mail, return receipt requested, but if service cannot be had by either of these modes of service, then service may be had by publication. The ordinances shall further provide that the owner, occupant, lessee, mortgagee, agent, and all other persons having an interest in the property as shown by the land records of the recorder of deeds of the county wherein the property is located shall be made parties; (4) Provide that upon failure to commence work of abating the nuisance within the time specified or upon failure to proceed continuously with the work without unnecessary delay, the building commissioner or designated officer or officers shall call and have a full and adequate hearing upon the matter before the county commission, giving the affected parties at least ten days' written notice of the hearing. Any party may be represented by counsel, and all parties shall have an opportunity to be heard. After the hearings, if evidence supports a finding that the property is a nuisance or detrimental to the health, safety, or welfare of the residents of the county, the county commission shall issue an order making specific findings of fact, based upon competent and substantial evidence, which shows the property to be a nuisance and detrimental to the health, safety, or welfare of the residents of the county and ordering the nuisance abated. If the evidence does not support a finding that the property is a nuisance or detrimental to the health, safety, or welfare of the residents of the county, no order shall be issued. 4. Any ordinance authorized by this section may provide that if the owner fails to begin abating the nuisance within a specific time which shall not be longer than seven days of receiving notice that the nuisance has been ordered removed, the building commissioner or designated officer shall cause the condition which constitutes the nuisance to be removed. If the building commissioner or designated officer causes such condition to be removed or abated, the cost of such removal shall be certified to the county clerk or officer in charge of finance who shall cause the certified cost to be included in a special tax bill or added to the annual real estate tax bill, at the county collector's option, for the property and the certified cost shall be collected by the county collector in the same manner and procedure for collecting real estate taxes. If the certified cost is not paid, the tax bill shall be considered delinquent, and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien on the property until paid. 2730 Journal of the House

5. Nothing in this section authorizes any county to enact nuisance abatement ordinances that provide for the abatement of any condition relating to agricultural structures or agricultural operations, including but not limited to the raising of livestock or row crops. 6. No county of the first, second, third, or fourth classification shall have the power to adopt any ordinance, resolution, or regulation under this section governing any railroad company regulated by the Federal Railroad Administration."; and

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

On motion of Representative Rowland, House Amendment No. 5 was adopted.

Representative Rowden offered House Amendment No. 6.

House Amendment No. 6

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 326, Page 13, Section 105.030, Line 18, by inserting immediately after said line the following:

"137.076. 1. In establishing the value of a parcel of real property the county assessor shall consider current market conditions and previous decisions of the county board of equalization, the state tax commission or a court of competent jurisdiction that affected the value of such parcel. For purposes of this section, the term "current market conditions", shall include the impact upon the housing market of foreclosures and bank sales. 2. In establishing the value of a parcel of real property the county assessor shall and will use an income based approach for assessment of parcels of real property with federal or state imposed restrictions in regard to rent limitations, operations requirements or any other restrictions imposed upon the property in connection with the property being eligible for any income tax credits under section 42 of the Internal Revenue Code of 1986 as amended; property constructed with the use of the United States Department of Housing and Urban Development HOME investment partnerships program; property constructed with the use of incentives provided by the United States Department of Agriculture Rural Development; or property receiving any other state or federal subsidies provided with respect to use of the property for housing purposes. 3. For the purposes of this section, the term “income based approach” shall and will include the use of direct capitalization methodology and computed by dividing the estimated net operating income of the parcel of property by an appropriate capitalization rate not to exceed the average of the current market data available in the county of said parcel of property. Federal and State tax credits or other subsidies shall not be considered when calculating the capitalization rate. Upon expiration of a land use restriction agreement, such parcel of property shall no longer be subject to this section."; and

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

On motion of Representative Rowden, House Amendment No. 6 was adopted.

Representative Swan offered House Amendment No. 7.

House Amendment No. 7

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 326, Page 28, Section 483.020, Line 10, by inserting the following after all of said line:

"488.2265. 1. In addition to all other court costs prescribed by law, a surcharge of up to ten dollars shall be assessed as costs in each court proceeding filed in any court in the state located in any county of the first classification with more than seventy thousand but fewer than eighty-three thousand inhabitants and with a city of the fourth classification with more than thirteen thousand five hundred but fewer than sixteen thousand inhabitants as the county seat in all civil and criminal cases including violations of any county or municipal ordinance or infractions, except that no such surcharge shall be collected for any violation of a Sixty-fifth Day–Thursday, May 7, 2015 2731 traffic law or ordinance or in any proceeding when the proceeding or defendant has been dismissed by the court or when costs are to be paid by the state, county, or municipality. For violations of the criminal laws of the state or county ordinances, including infractions, no such surcharge shall be collected unless it is authorized by order, ordinance, or resolution by the county government where the violation occurred. For violations of municipal ordinances, no such surcharge shall be collected unless it is authorized by order, ordinance, or resolution by the municipal government where the violation occurred. Such surcharges shall be collected and disbursed by the clerk of each respective court responsible for collecting court costs in the manner provided by sections 488.010 to 488.020, and shall be payable to the treasurer of the political subdivision authorizing such surcharge. 2. Each county or municipality shall use all funds received pursuant to this section only to pay for the costs associated with the land assemblage and purchase, planning, and construction of a new facility, maintenance, and operation of any county or municipal judicial facility or justice center including, but not limited to, architectural, engineering, and other plans and studies, utilities, maintenance, and building security of any judicial facility. The county or municipality shall establish and maintain a separate account known as the "justice center fund" limited to the uses authorized by this section. The county or municipality shall maintain records identifying all surcharges and expenditures made from the justice center fund."; and

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

On motion of Representative Swan, House Amendment No. 7 was adopted.

Representative Fitzwater (49), offered House Amendment No. 8.

House Amendment No. 8

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 326, Page 12, Section 72.418, Line 116, by inserting after all of said line the following:

"72.150. When two or more cities, towns or villages in this state adjoining and contiguous to each other in the same or adjoining county or two or more cities, towns or villages located in a county of the second classification having a population of at least forty-seven thousand but not more than forty-nine thousand which are not adjoining and contiguous to each other but whose combined territory when combined will be contiguous or when two or more cities, towns, or villages located in a county of the first classification or a county of the second classification that have entered into one or more intergovernmental agreements related to municipal services and are separated by a distance of not more than one mile and are connected by at least two public maintained rights of way shall be desirous of being consolidated, it shall be lawful for them to consolidate under one government of the classification under which any of them was organized or the classification provided for the consolidated population, in the manner and subject to the provisions prescribed in sections 72.150 to 72.220. Any cities, towns or villages within any county with a charter form of government where fifty or more cities, towns and villages have been incorporated shall consolidate pursuant to the provisions of section 72.420."; and

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

On motion of Representative Fitzwater (49), House Amendment No. 8 was adopted.

Representative Webber offered House Amendment No. 9.

House Amendment No. 9

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 326, Page 9, Section 67.950, Line 79, by inserting after all of said section and line the following:

"67.1080. 1. Provisions of law to the contrary notwithstanding, where a county of the first classification with more than one hundred fifty thousand but fewer than two hundred thousand inhabitants 2732 Journal of the House has properly levied a tax, which by law terminates within a specified period of time, the imposition of such tax may, by a majority vote of the governing body of such county, be extended; except that no ordinance or order extending such tax shall be effective unless the governing body of the county submits to the voters of such county, at a county or state general, primary, or special election, a proposal to authorize the governing body of the county to extend such tax. 2. The ballot of submission shall contain, but need not be limited to the following language: "Shall the county of ...... (insert county's name) extend the countywide (insert type of tax) tax currently imposed for the purpose of ...... (insert purpose of tax) at the rate of (insert rate) percent (it shall be optional to include the duration of the extension)?". 3. If a majority of the votes cast on the proposal by the qualified voters voting thereon are in favor of the proposal, then the ordinance or order and any amendments thereto shall be in effect. If a majority of the votes cast by the qualified voters voting are opposed to the proposal, then the governing body of the county shall have no power to extend the tax as herein authorized unless and until the governing body of the county submits another proposal to authorize the governing body of the county to extend the tax under the provisions of this section and such proposal is approved by a majority of the qualified voters voting thereon."; and

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

On motion of Representative Webber, House Amendment No. 9 was adopted.

On motion of Representative Fraker, HCS SCS SB 326, as amended, was adopted.

On motion of Representative Fraker, HCS SCS SB 326, as amended, was read the third time and passed by the following vote:

AYES: 097

Alferman Allen Andrews Barnes Basye Beard Bernskoetter Berry Black Bondon Brown 57 Cierpiot Conway 10 Conway 104 Cookson Corlew Cornejo Crawford Cross Davis Dogan Dohrman Eggleston Entlicher Fitzwater 144 Fitzwater 49 Flanigan Fraker Franklin Frederick Gannon Gosen Haahr Haefner Hansen Hicks Higdon Hill Hinson Hoskins Hough Houghton Hubrecht Jones Justus Keeney Kelley Kidd King Kolkmeyer Korman Lair Lant Lauer Leara Lichtenegger Love Lynch Mathews May McCaherty McGaugh Messenger Miller Morris Muntzel Neely Nichols Parkinson Pfautsch Phillips Pike Redmon Reiboldt Remole Rhoads Richardson Roden Roeber Rowden Rowland Ruth Shaul Shumake Solon Sommer Spencer Swan Taylor Vescovo Walker Webber White Wiemann Wood Zerr Mr. Speaker

NOES: 056

Adams Anders Anderson Arthur Bahr Brattin Burlison Burns Butler Carpenter Chipman Colona Curtis Curtman Dunn Ellington English Gardner Green Harris Hubbard Hummel Hurst Johnson Kendrick Sixty-fifth Day–Thursday, May 7, 2015 2733

Kirkton Koenig Kratky LaFaver Lavender Marshall McCann Beatty McCreery McDonald McManus McNeil Meredith Mims Mitten Montecillo Moon Morgan Newman Norr Otto Pace Peters Pierson Pietzman Pogue Rehder Rizzo Ross Smith Walton Gray Wilson

PRESENT: 000

ABSENT WITH LEAVE: 009

Austin Brown 94 Dugger Engler Fitzpatrick McDaniel Rone Runions Shull

VACANCIES: 001

Representative Keeney declared the bill passed.

The emergency clause was defeated by the following vote:

AYES: 000

NOES: 152

Adams Alferman Allen Anders Anderson Andrews Arthur Bahr Barnes Basye Beard Bernskoetter Berry Black Bondon Brattin Brown 57 Burlison Burns Butler Carpenter Chipman Cierpiot Colona Conway 10 Conway 104 Cookson Corlew Cornejo Crawford Cross Curtis Curtman Davis Dogan Dohrman Dunn Eggleston Ellington English Entlicher Fitzpatrick Fitzwater 144 Fitzwater 49 Flanigan Fraker Franklin Frederick Gannon Gardner Gosen Green Haahr Haefner Hansen Harris Hicks Higdon Hill Hinson Hoskins Hough Houghton Hubbard Hubrecht Hummel Hurst Johnson Jones Justus Keeney Kelley Kendrick Kidd King Kirkton Koenig Kolkmeyer Korman Kratky LaFaver Lair Lant Lauer Lavender Leara Lichtenegger Love Lynch Marshall Mathews May McCaherty McCann Beatty McCreery McDonald McGaugh McManus McNeil Meredith Messenger Mitten Montecillo Moon Morgan Morris Muntzel Neely Newman Nichols Norr Otto Pace Parkinson Peters Pfautsch Phillips Pierson Pietzman Pike Pogue Redmon Rehder Reiboldt Remole Rhoads Richardson Rizzo Roden Roeber Rone Ross Rowland Runions Ruth Shaul Shumake Smith Solon Sommer Spencer Swan Taylor Vescovo Walker Walton Gray Webber White Wiemann Wilson Wood Zerr 2734 Journal of the House

PRESENT: 000

ABSENT WITH LEAVE: 010

Austin Brown 94 Dugger Engler McDaniel Miller Mims Rowden Shull Mr. Speaker

VACANCIES: 001

HOUSE BILLS WITH SENATE AMENDMENTS

SS SCS HCS HBs 517 & 754, as amended, relating to taxation, was taken up by Representative Higdon.

On motion of Representative Higdon, SS SCS HCS HBs 517 & 754, as amended, was adopted by the following vote:

AYES: 143

Adams Alferman Allen Anders Anderson Andrews Arthur Bahr Barnes Basye Beard Bernskoetter Berry Black Bondon Brattin Brown 57 Burlison Burns Butler Carpenter Chipman Cierpiot Colona Conway 10 Conway 104 Cookson Corlew Cornejo Crawford Cross Curtman Davis Dogan Dohrman Dunn Eggleston English Entlicher Fitzpatrick Fitzwater 144 Fitzwater 49 Flanigan Fraker Franklin Frederick Gannon Gosen Green Haahr Haefner Hansen Harris Hicks Higdon Hill Hinson Hoskins Hough Houghton Hubbard Hubrecht Hurst Johnson Jones Justus Keeney Kelley Kendrick Kidd King Kirkton Koenig Kolkmeyer Korman Kratky LaFaver Lair Lant Lauer Lavender Leara Lichtenegger Love Lynch Marshall Mathews McCaherty McCann Beatty McCreery McDaniel McDonald McGaugh McManus McNeil Meredith Messenger Mims Mitten Moon Morgan Morris Muntzel Newman Nichols Otto Pace Peters Pfautsch Phillips Pierson Pietzman Pike Redmon Rehder Reiboldt Remole Rhoads Richardson Rizzo Roden Roeber Rone Ross Rowden Rowland Runions Ruth Shaul Shumake Solon Sommer Spencer Swan Taylor Vescovo Walker Webber White Wiemann Wilson Wood Zerr

NOES: 009

Curtis Ellington Gardner Hummel Montecillo Norr Pogue Smith Walton Gray

PRESENT: 000 Sixty-fifth Day–Thursday, May 7, 2015 2735

ABSENT WITH LEAVE: 010

Austin Brown 94 Dugger Engler May Miller Neely Parkinson Shull Mr. Speaker

VACANCIES: 001

On motion of Representative Higdon, SS SCS HCS HBs 517 & 754, as amended, was truly agreed to and finally passed by the following vote:

AYES: 140

Adams Alferman Allen Anders Anderson Andrews Arthur Bahr Barnes Basye Beard Bernskoetter Berry Black Bondon Brattin Brown 57 Burlison Burns Butler Carpenter Chipman Cierpiot Conway 10 Cookson Corlew Cornejo Crawford Cross Curtman Davis Dogan Dohrman Dunn Eggleston English Entlicher Fitzpatrick Fitzwater 144 Fitzwater 49 Flanigan Fraker Franklin Frederick Gannon Gosen Green Haahr Haefner Hansen Harris Hicks Higdon Hill Hinson Hoskins Hough Houghton Hubbard Hubrecht Hurst Johnson Jones Justus Keeney Kelley Kendrick Kidd King Kirkton Koenig Kolkmeyer Korman Kratky LaFaver Lair Lant Lauer Lavender Leara Lichtenegger Love Lynch Marshall Mathews McCaherty McCann Beatty McCreery McDaniel McDonald McGaugh McManus McNeil Meredith Messenger Mitten Moon Morgan Morris Muntzel Neely Newman Nichols Otto Pace Peters Pfautsch Phillips Pierson Pietzman Pike Redmon Rehder Reiboldt Remole Rhoads Richardson Roden Roeber Rone Ross Rowden Rowland Runions Ruth Shaul Shumake Solon Sommer Spencer Swan Taylor Vescovo Walker Webber White Wiemann Wilson Wood Zerr

NOES: 011

Curtis Ellington Gardner Hummel Mims Montecillo Norr Pogue Rizzo Smith Walton Gray

PRESENT: 000

ABSENT WITH LEAVE: 011

Austin Brown 94 Colona Conway 104 Dugger Engler May Miller Parkinson Shull Mr. Speaker

VACANCIES: 001 2736 Journal of the House

Representative Keeney declared the bill passed.

THIRD READING OF SENATE CONCURRENT RESOLUTIONS

HCS SCS SCR 30, relating to egg producers, was taken up by Representative Alferman.

On motion of Representative Alferman, HCS SCS SCR 30 was adopted.

On motion of Representative Alferman, HCS SCS SCR 30 was read the third time and passed by the following vote:

AYES: 123

Alferman Allen Anderson Andrews Arthur Bahr Barnes Basye Beard Bernskoetter Berry Black Bondon Brattin Brown 57 Burlison Butler Chipman Cierpiot Conway 10 Conway 104 Cookson Corlew Cornejo Crawford Cross Curtis Curtman Davis Dogan Dohrman Eggleston Entlicher Fitzpatrick Fitzwater 144 Fitzwater 49 Flanigan Fraker Franklin Frederick Gannon Gosen Green Haahr Haefner Hansen Harris Hicks Higdon Hill Hinson Hoskins Hough Houghton Hubbard Hubrecht Hummel Hurst Johnson Jones Justus Keeney Kelley Kidd King Koenig Kolkmeyer Korman Kratky Lair Lant Lauer Leara Lichtenegger Love Lynch Marshall Mathews McCaherty McCann Beatty McCreery McDaniel McGaugh Messenger Moon Morris Muntzel Nichols Norr Pfautsch Phillips Pierson Pietzman Pike Pogue Redmon Rehder Reiboldt Remole Rhoads Richardson Rizzo Roden Roeber Rone Ross Rowden Rowland Runions Ruth Shaul Shumake Solon Sommer Spencer Swan Taylor Vescovo Walker White Wiemann Wilson Zerr

NOES: 025

Adams Burns Carpenter Colona Dunn Ellington English Kendrick Kirkton LaFaver Lavender May McManus McNeil Meredith Mims Mitten Montecillo Morgan Newman Otto Pace Peters Smith Walton Gray

PRESENT: 000

ABSENT WITH LEAVE: 014

Anders Austin Brown 94 Dugger Engler Gardner McDonald Miller Neely Parkinson Shull Webber Wood Mr. Speaker

VACANCIES: 001 Sixty-fifth Day–Thursday, May 7, 2015 2737

Representative Keeney declared the bill passed.

REFERRAL OF HOUSE BILLS

The following House Bills were referred to the Committee indicated:

SS HCS HB 137 - Fiscal Review SCS HCS HB 613 - Fiscal Review SS SCS HB 799 - Fiscal Review SCS HB 1070 - Fiscal Review

COMMITTEE REPORTS

Committee on Civil and Criminal Proceedings, Chairman Cornejo reporting:

Mr. Speaker: Your Committee on Civil and Criminal Proceedings, to which was referred HB 368, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(9) be referred to the Select Committee on Judiciary.

Mr. Speaker: Your Committee on Civil and Criminal Proceedings, to which was referred SB 211, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(9) be referred to the Select Committee on Judiciary.

Committee on Government Efficiency, Chairman Curtman reporting:

Mr. Speaker: Your Committee on Government Efficiency, to which was referred SCS SCRs 21, 19 & 23, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(7) be referred to the Select Committee on General Laws.

Mr. Speaker: Your Committee on Government Efficiency, to which was referred SCR 38, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(7) be referred to the Select Committee on General Laws.

Mr. Speaker: Your Committee on Government Efficiency, to which was referred SB 433, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(7) be referred to the Select Committee on General Laws.

Committee on Health and Mental Health Policy, Chairman Frederick reporting:

Mr. Speaker: Your Committee on Health and Mental Health Policy, to which was referred HB 1133, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment No. 1, and pursuant to Rule 27(12) be referred to the Select Committee on Social Services. 2738 Journal of the House

House Committee Amendment No. 1

AMEND House Bill No. 1133, Pages 1 through 9, Sections 404.830, 404.1100, 404.1101, 404.1102, 404.1103, 404.1104, 404.1105, 404.1106, 404.1107, 404.1108, 404.1109, and 404.1110, by deleting all of said sections from the bill and inserting in lieu thereof the following:

"404.1100. Sections 404.1100 to 404.1110 shall be known and may be cited as the "Designated Health Care Decision-Maker Act". 404.1101. As used in sections 404.1100 to 404.1110 the following terms mean: (1) "Artificially supplied nutrition and hydration", any medical procedure whereby nutrition or hydration is supplied through a tube inserted into a person's nose, mouth, stomach, or intestines, or nutrients or fluids are administered into a person's bloodstream or provided subcutaneously; (2) "Best interests": (a) Overseeing that the incapacitated person has the right to enjoy the highest attainable standard of health for that person; (b) Advocating that the person who is incapacitated receive the same range, quality, and standard of health care, care, and comfort as is provided to an individual without a disability; (c) Monitoring health care providers and health care facilities to ensure that they provide health care, care, and comfort of the same quality to the person who is incapacitated as they provide to other individuals without disabilities; and (d) Ensuring there is no discriminatory denial of health care, care, or comfort, or food or fluids on the basis that the person who is incapacitated is considered an individual with a disability; (3) "Designated health care decision-maker", the person designated to make health care decisions for a patient under section 404.1104, not including a person acting as a guardian or an agent under a durable power of attorney for health care or any other person legally authorized to consent for the patient under any other law to make health care decisions for an incapacitated patient; (4) "Health care", a procedure to diagnose or treat a human disease, ailment, defect, abnormality, or complaint, whether of physical or mental origin and includes: (a) Assisted living services, or intermediate or skilled nursing care provided in a facility licensed under chapter 198; (b) Services for the rehabilitation or treatment of injured, disabled, or sick persons; or (c) Making arrangements for placement in or removal from a health care facility or health care provider that provides such forms of care; (5) "Health care facility", any hospital, hospice, inpatient facility, nursing facility, skilled nursing facility, residential care facility, intermediate care facility, dialysis treatment facility, assisted living facility, home health or hospice agency; any entity that provides home or community-based health care services; or any other facility that provides or contracts to provide medical treatment, and which is licensed, certified, or otherwise authorized or permitted by law to provide medical treatment; (6) "Health care provider", any individual who provides medical treatment to persons and who is licensed, certified, registered, or otherwise authorized or permitted by law to provide medical treatment; (7) "Incapacitated", a person who is unable by reason of any physical or mental condition to receive and evaluate information or to communicate decisions to such an extent that the person lacks capacity to meet essential requirements for food, clothing, shelter, safety, or other care such that serious physical injury, illness, or disease is likely to occur; (8) "Patient", any adult person or any person otherwise authorized to make treatment decisions for himself or herself under Missouri law; (9) "Physician", a treating, attending, or consulting physician licensed to practice medicine under Missouri law; (10) "Reasonable medical judgment", a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. 404.1102. The determination that a patient is incapacitated shall be made as set forth in section 404.825. A health care provider or health care facility may rely in the exercise of good faith and in accordance with reasonable medical judgment upon the health care decisions made for a patient by a designated health care decision-maker selected in accordance with section 404.1104, provided two licensed physicians determine, after reasonable inquiry and in accordance with reasonable medical judgment, that Sixty-fifth Day–Thursday, May 7, 2015 2739 such patient is incapacitated and has neither a guardian with medical decision-making authority appointed in accordance with chapter 475, an attorney in fact appointed in a durable power of attorney for health care in accordance with sections 404.800 to 404.865, nor any other known person who has the legal authority to make health care decisions. 404.1103. Upon a determination that a patient is incapacitated, the physician or another health care provider acting at the direction of the physician shall make reasonable efforts to inform potential designated health care decision-makers set forth in section 404.1104 of whom the physician or physician's designee is aware, of the need to appoint a designated health care decision-maker. Reasonable efforts includes, without limitation, identifying a member of the patient's family, a guardian with medical decision-making authority appointed in accordance with chapter 475, an attorney in fact appointed in a durable power of attorney for health care in accordance with sections 404.800 to 404.865, or any other known person who has the legal authority to make health care decisions, by examining the patient's personal effects and medical records. If a family member, attorney-in-fact for health care or guardian with health care decision-making authority is identified, a documented attempt to contact that person by telephone, with all known telephone numbers and other contact information used, shall be made within twenty-four hours after a determination of incapacity is made as provided in section 404.1102. 404.1104. 1. If a patient is incapacitated under the circumstances described in section 404.1102 and is unable to provide consent regarding his or her own health care, and does not have a legally appointed guardian, an agent under a health care durable power of attorney, or any other person who has legal authority to consent for the patient, decisions concerning the patient's health care may be made by the following competent persons in the following order of priority: (1) The spouse of the patient, unless the spouse and patient are separated under one of the following: (a) A current dissolution of marriage or separation action; (b) A signed written property or marital settlement agreement; (c) A permanent order of separate maintenance or support or a permanent order approving a property or marital settlement agreement between the parties; (2) An adult child of the patient; (3) A parent; (4) An adult sibling; (5) Grandparent or adult grandchild; (6) Niece or nephew or the next nearest other relative of the patient, by consanguinity or affinity; (7) Any nonrelative who can demonstrate that he or she has a close personal relationship with the patient and is familiar with the patient's personal values; or (8) Any other person designated by the unanimous mutual agreement of the persons listed above who are involved in the patient's care. 2. If a person who is a member of the classes listed in subsection 1 of this section, regardless of priority, or a health care provider or a health care facility involved in the care of the patient, disagree on whether certain health care should be provided to or withheld or withdrawn from a patient, any such person, provider, or facility, or any other person interested in the welfare of the patient may petition the probate court for an order for the appointment of a temporary or permanent guardian in accordance with subsection 7 of this section to act in the best interest of the patient. 3. Priority under this section shall not be given to persons in any of the following circumstances: (1) If a report of abuse or neglect of the patient has been made under section 198.070, 208.912, 210.115, 565.188, or 660.300 and if the health care provider knows of such a report of abuse, then unless the report has been determined to be unsubstantiated or unfounded, or a contrary determination was finally reversed after administrative or judicial review, the person reported as the alleged perpetrator shall not be given priority or authority to make health care decisions under subsection 1 of this section, provided that such a report shall not be based on the person's support for, or direction to provide, health care to the patient; (2) If the patient's physician or the physician's designee reasonably determines, after making a diligent effort to contact the designated health care decision-maker using known telephone numbers and other contact information and receiving no response, that such person is not reasonably available to make medical decisions as needed or is not willing to make health care decisions for the patient; or (3) If a probate court in a proceeding under subsection 7 of this section finds that the involvement of the person in decisions concerning the patient's health care is contrary to instructions that the patient had unambiguously, and without subsequent contradiction or change, expressed before he or she became incapacitated. Such a statement to the patient's physician or other health care provider contemporaneously 2740 Journal of the House recorded in the patient's medical record and signed by the patient’s physician or other health care provider shall be deemed such an instruction, subject to the ability of a party to a proceeding under subsection 7 of this section to dispute its accuracy, weight, or interpretation. 4. (1) The designated health care decision-maker shall make reasonable efforts to obtain information regarding the patient's treatment preferences from health care providers, family, friends, or others who may have credible information. (2) The designated health care decision-maker, and the probate court in any proceeding under subsection 7 of this section, shall always make health care decisions in the patient's best interests, and if the patient's religious and moral beliefs and treatment preferences are known and not inconsistent with the patient's best interests, in accordance with those beliefs and preferences. 5. This section does not authorize the provision or withholding of health care services that the patient has unambiguously, without subsequent contradiction or change of instruction, expressed to the patient’s physician or other health care provider that he or she would or would not want at a time when such patient had capacity. Such a statement to the patient's physician or other health care provider, contemporaneously recorded in the patient's medical record and signed by the patient’s physician or other health care provider, shall be deemed such evidence, subject to the ability of a party to a proceeding under subsection 7 of this section to dispute its accuracy, weight, or interpretation. 6. A designated health care decision-maker shall be deemed a personal representative for the purposes of access to and disclosure of private medical information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 USC Section 1320d and 45 CFR 160-164. 7. Nothing in sections 404.1100 to 404.1110 shall preclude any person interested in the welfare of a patient, including but not limited to a designated health care decision-maker, a member of the classes listed in subsection 1 of this section regardless of priority, or a health care provider or health care facility involved in the care of the patient, from petitioning the probate court for the appointment of a temporary or permanent guardian for the patient, including expedited adjudication under chapter 475. 8. Pending the final outcome of proceedings initiated under subsection 7 of this section, the designated health care decision-maker, health care provider, or health care facility shall not withhold or withdraw, or direct the withholding or withdrawal, of health care, nutrition, or hydration whose withholding or withdrawal, in reasonable medical judgment, would result in or hasten the death of the patient, would jeopardize the health or limb of the patient, or would result in disfigurement or impairment of the patient's faculties, except to the extent that all parties to the court proceeding including the person, provider, or facility who or which filed the petition, agree in a written stipulation that certain specified health care may be withheld or withdrawn. No such stipulation shall violate the provisions of section 404.1105. If a health care provider or a health care facility objects to the provision of such health care, nutrition, or hydration on the basis of religious beliefs or sincerely held moral convictions, the provider or facility shall not impede the transfer of the patient to another health care provider or health care facility willing to provide it, and shall provide such health care, nutrition, or hydration to the patient pending the completion of the transfer. For purposes of this section, artificially supplied nutrition and hydration may be withheld or withdrawn during the pendency of the guardianship proceeding only if, based on reasonable medical judgment, the patient's physician and a second licensed physician certify that the patient meets the standard set forth in subdivision (2) of subsection 1 of section 404.1105. If tolerated by the patient and adequate to supply the patient’s needs for nutrition or hydration, natural feeding shall be the preferred method. 404.1105. 1. No designated health care decision-maker shall, with the intent of hastening or causing the death of the patient, authorize the withdrawal or withholding of nutrition or hydration supplied through either natural or artificial means. A designated health care decision-maker may authorize the withdrawal or withholding of artificially supplied nutrition and hydration only when the physician and a second licensed physician certify in the patient's medical record based on reasonable medical judgment that: (1) Artificially supplied nutrition or hydration are not necessary for comfort care or the relief of pain and would serve only to prolong artificially the dying process and where death will occur within a short period of time whether such artificially supplied nutrition or hydration is withheld or withdrawn; or (2) Artificially supplied nutrition or hydration cannot be physiologically assimilated or tolerated by the patient. 2. When tolerated by the patient and adequate to supply the patient’s need for nutrition or hydration, natural feeding shall be the preferred method. 3. The provisions of this section shall not apply to section 459.010. Sixty-fifth Day–Thursday, May 7, 2015 2741

404.1106. If any of the individuals specified in section 404.1104 or the designated health care decision-maker or physician believes the patient is no longer incapacitated, the patient's physician shall reexamine the patient and determine in accordance with reasonable medical judgment whether the patient is no longer incapacitated, shall certify the decision and the basis therefor in the patient's medical record, and shall notify the patient, the designated health care decision-maker, and the person who initiated the redetermination of capacity. Rights of the designated health care decision-maker end upon the physician's certification that the patient is no longer incapacitated. 404.1107. Any health care provider or health care facility that makes good faith and reasonable attempts to identify, locate, and communicate with potential designated health care decision-makers in accordance with sections 404.1100 to 404.1110 shall not be subject to civil or criminal liability or regulatory sanction for the effort to identify, locate, and communicate with such potential designated health care decision-makers. 404.1108. 1. A health care provider or a health care facility may decline to comply with the medical treatment decision of a patient or a designated health care decision-maker if such decision is contrary to the religious beliefs or sincerely held moral convictions of a health care provider or health care facility. 2. If at any time, a health care facility or health care provider determines that any known or anticipated treatment preferences expressed by the patient to the health care provider or health care facility, or as expressed through the patient's designated health care decision-maker, are contrary to the religious beliefs or sincerely held moral convictions of the health care provider or health care facility, such provider or facility shall promptly inform the patient or the patient's designated health care decision-maker. 3. If a health care provider declines to comply with such medical treatment decision, the health care provider or health care facility shall not impede the transfer of the patient to another health care provider or health care facility willing to comply with the medical treatment decision. 4. Nothing in this section shall relieve or exonerate a health care provider or a health care facility from the duty to provide for the medical treatment, care, and comfort of a patient pending transfer under this section. If withholding or withdrawing certain health care would, in reasonable medical judgment, result in or hasten the death of the patient, such health care shall be provided pending completion of the transfer. Notwithstanding any other provision of this section, no such health care shall be denied on the basis of a view that treats extending the life of an elderly, disabled, or terminally ill individual as of lower value than extending the life of an individual who is younger, nondisabled, or not terminally ill, or on the basis of the health care provider's or facility’s disagreement with how the patient or individual authorized to act on the patient's behalf values the tradeoff between extending the length of the patient's life and the risk of disability. 404.1109. A health care decision-maker shall not withhold or withdraw medical treatment from a pregnant patient, consistent with existing law, as set forth in section 459.025. 404.1110. Nothing in sections 404.1100 to 404.1110 is intended to: (1) Encourage or discourage any particular medical treatment or to interfere with or affect any method of religious or spiritual healing otherwise permitted by law; (2) Be construed as condoning, authorizing, or approving euthanasia or mercy killing; or (3) Be construed as permitting any affirmative or deliberate act to end a person's life, except to permit natural death as provided by sections 404.1100 to 404.1110."; and

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

Select Committee on Agriculture, Chairman Reiboldt reporting:

Mr. Speaker: Your Select Committee on Agriculture, to which was referred SS SB 476, with House Committee Amendment No. 1, House Committee Amendment No. 2, House Committee Amendment No. 3, House Committee Amendment No. 4 and House Committee Amendment No. 5, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Substitute. 2742 Journal of the House

Select Committee on Commerce, Chairman Zerr reporting:

Mr. Speaker: Your Select Committee on Commerce, to which was referred SS SB 314, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Substitute.

Select Committee on General Laws, Chairman Jones reporting:

Mr. Speaker: Your Select Committee on General Laws, to which was referred HB 605, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Select Committee on General Laws, to which was referred HB 1282, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Select Committee on General Laws, to which was referred SCS SB 146, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Substitute.

Select Committee on Judiciary, Chairman Austin reporting:

Mr. Speaker: Your Select Committee on Judiciary, to which was referred HB 840, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Select Committee on Judiciary, to which was referred SB 216, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Select Committee on Judiciary, to which was referred SB 369, with House Committee Amendment No. 1, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Substitute.

Select Committee on Social Services, Chairman Allen reporting:

Mr. Speaker: Your Select Committee on Social Services, to which was referred HB 1315, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Select Committee on Social Services, to which was referred SCS SB 10, with House Committee Amendment No. 1, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Substitute.

Mr. Speaker: Your Select Committee on Social Services, to which was referred SS SCS SB 354, with House Committee Amendment No. 1, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Substitute. Sixty-fifth Day–Thursday, May 7, 2015 2743

Select Committee on State and Local Governments, Chairman Solon reporting:

Mr. Speaker: Your Select Committee on State and Local Governments, to which was referred SCS SB 539, with House Committee Amendment No. 1, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Substitute.

MESSAGES FROM THE SENATE

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has take up and adopted HCS for SS SCS SB 174, as amended and has taken up and passed HCS SS SCS SB 174, as amended.

CONFERENCE COMMITTEE REPORT ON SENATE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 152

The Conference Committee appointed on Senate Committee Substitute for House Bill No. 152 with Senate Amendment No. 1 and Senate Amendment No. 2 begs leave to report that we, after free and fair discussion of the differences, 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. 152;

2. That the Senate recede from its position on Senate Committee Substitute for House Bill No. 152, as amended;

3. That the attached Conference Committee Substitute for Senate Committee Substitute for House Bill No. 152 be Third Read and Finally Passed.

FOR THE HOUSE: FOR THE SENATE:

/s/ Elijah Haahr /s/ Bob Onder /s/ Kevin Austin /s/ Bob Dixon /s/ Robert Cornejo /s/ Jeanie Riddle /s/ Jeremy LaFaver /s/ Joseph Keaveny /s/ Tracy McCreery 2744 Journal of the House

CONFERENCE COMMITTEE REPORT ON SENATE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 615

The Conference Committee appointed on Senate Committee Substitute for House Bill No. 615 begs leave to report that we, after free and fair discussion of the differences, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the Senate recede from its position on Senate Committee Substitute for House Bill No. 615;

2. That the House recede from its position on House Bill No. 615;

3. That the attached Conference Committee Substitute for Senate Committee Substitute for House Bill No. 615, be Third Read and Finally Passed.

FOR THE HOUSE: FOR THE SENATE:

/s/ Dean Dohrman /s/ Dave Schatz /s/ Kevin Austin /s/ Doug Libla /s/ Don Gosen /s/ Gary Romine /s/ Kevin McManus /s/ Scott Sifton /s/ Stephen Webber /s/ Gina Walsh

CONFERENCE COMMITTEE REPORT ON HOUSE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 282

The Conference Committee appointed on House Committee Substitute for Senate Bill No. 282, with House Amendment Nos. 1, 2, & 3, begs leave to report that we, after free and fair discussion of the differences, 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. 282, as amended;

2. That the Senate recede from its position on Senate Bill No. 282;

3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Bill No. 282, be Third Read and Finally Passed. Sixty-fifth Day–Thursday, May 7, 2015 2745

FOR THE SENATE: FOR THE HOUSE:

/s/ Mike Parson /s/ Noel Shull /s/ Doug Libla /s/ Don Gosen /s/ Paul Wieland /s/ Justin Hill /s/ Paul LeVota /s/ Mike Colona /s/ Shalonn "Kiki" Curls

CONFERENCE COMMITTEE REPORT ON HOUSE COMMITTEE SUBSTITUTE FOR SENATE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 300

The Conference Committee appointed on House Committee Substitute for Senate Committee Substitute for Senate Bill No. 300, with House Amendment Nos. 1, 2, 3, 4, and 5, begs leave to report that we, after free and fair discussion of the differences, 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 Committee Substitute for Senate Bill No. 300, as amended;

2. That the Senate recede from its position on Senate Committee Substitute for Senate Bill No. 300;

3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 300 be Third Read and Finally Passed.

FOR THE SENATE: FOR THE HOUSE:

/s/ Ryan Silvey /s/ Mike Leara /s/ Mike Parson /s/ Delus Johnson /s/ Rob Schaaf /s/ Jered Taylor /s/ Joseph Keaveny /s/ Shalonn "KiKi" Curls

REFERRAL OF CONFERENCE COMMITTEE REPORTS

The following Conference Committee Reports were referred to the Committee indicated:

CCR SCS HB 152 - Fiscal Review CCR SCS HB 615 - Fiscal Review 2746 Journal of the House

CCR HCS SB 282 - Fiscal Review CCR HCS SCS SB 300 - Fiscal Review

ADJOURNMENT

On motion of Representative Richardson, the House adjourned until 3:00 p.m., Friday, May 8, 2015.

COMMITTEE HEARINGS

FISCAL REVIEW Monday, May 11, 2015, 12:30 PM, North Gallery. Executive session may be held on any matter referred to the committee. Executive session on bill(s) referred to the committee. CORRECTED

JOINT COMMITTEE ON EDUCATION Monday, May 11, 2015, 1:00 PM, Senate Committee Room 1. Executive session may be held on any matter referred to the committee. Agenda: Election of chair and vice chair. Consideration of interim inquires/projects.

SELECT COMMITTEE ON BUDGET Tuesday, May 12, 2015, 8:15 AM, House Hearing Room 3. Executive session may be held on any matter referred to the committee. Tax Credit Review.

SELECT COMMITTEE ON COMMERCE Monday, May 11, 2015, 12:15 PM, House Hearing Room 5. Executive session will be held: SCR 13, SCR 35 Executive session may be held on any matter referred to the committee. Meeting Time Change. CORRECTED

SELECT COMMITTEE ON FINANCIAL INSTITUTIONS AND TAXATION Monday, May 11, 2015, 1:00 PM, South Gallery. Executive session will be held: SB 488, SB 377, SB 463 Executive session may be held on any matter referred to the committee.

SELECT COMMITTEE ON GENERAL LAWS Monday, May 11, 2015, Upon Conclusion of Afternoon Session, House Hearing Room 4. Executive session will be held: SS SB 14, SB 364, SCS SB 315, SS#2 SB 386, SS SB 58, SB 113, SB 389, SS SB 416, SS SCS SB 517, SB 433, SCS SB 38, SCS SCRs 21, 19 & 23, SCR 20 Executive session may be held on any matter referred to the committee. AMENDED Sixty-fifth Day–Thursday, May 7, 2015 2747

SELECT COMMITTEE ON JUDICIARY Monday, May 11, 2015, Upon Adjournment, House Hearing Room 2. Executive session will be held: SB 211, HB 289 Executive session may be held on any matter referred to the committee.

SELECT COMMITTEE ON SOCIAL SERVICES Monday, May 11, 2015, 12:00 PM, South Gallery. Executive session will be held: SB 533 Executive session may be held on any matter referred to the committee.

HOUSE CALENDAR

SIXTY-SIXTH DAY, FRIDAY, MAY 8, 2015

HOUSE JOINT RESOLUTIONS FOR PERFECTION

HJR 9 - Burlison HJR 4 - Haahr

HOUSE BILLS FOR PERFECTION

HCS HB 138 - Reiboldt HCS HB 181 - Haahr HCS HB 497 - Austin HCS HB 203 - Curtman HB 793, HA 1 to HA 1, HA 1, pending - Rizzo HCS HB 321 - Jones HCS HB 339 - McGaugh HCS HB 550 - Wood HCS HB 655 - Love HB 676 - Rowden HCS HB 965 - Allen HCS HB 356 - Jones HCS HB 624 - Franklin HCS HB 654 - Allen HCS HB 770 - Jones HCS HB 461 - Bahr HCS HB 520 - Hicks HCS HB 540 - Johnson HB 739 - McCann Beatty HCS HB 955 - Ross HCS HB 547 - Allen HB 981 - Rowden HCS HB 67 - Dugger HB 702 - Higdon HB 761 - Jones HB 892 - Shumake 2748 Journal of the House

HCS HB 1091 - Phillips HB 464 - Rowden HCS HB 760 - Flanigan HCS HB 803 - Swan HCS HB 921 - Burlison HCS HB 1003 - Hummel HB 1313 - Rowden HB 1324, HCA 1 - Rowden HCS HB 956, as amended - Fraker HCS HB 165 - Gosen HCS HB 697 - Corlew HCS HB 1074 - Lant HCS HB 1254 - Lichtenegger HCS HBs 159 & 570 - Rehder HB 195 - Love HB 253 - Berry HB 257 - Dugger HB 285 - White HB 1005 - Berry HCS HB 1040 - Jones HCS HB 1067 - Koenig HCS HB 978 - Dogan HCS HB 1357 - Corlew HCS HB 657, HA 1, pending - Phillips HCS HB 1006 - Cross HB 1096 - Houghton HCS HB 1042 - Korman HCS HB 767 - Justus HB 1282 - Taylor

HOUSE CONCURRENT RESOLUTIONS FOR THIRD READING

HCR 35 - Reiboldt HCR 47 - Korman

HOUSE JOINT RESOLUTIONS FOR THIRD READING

HCS HJR 41 - Jones HJR 44 - Shumake

HOUSE BILLS FOR THIRD READING

HB 582 - Curtis HB 928 - Corlew HB 411 - Kelley HCS HB 781 - Gosen HCS HB 1047, (Fiscal Review 4/29/15) - Zerr Sixty-fifth Day–Thursday, May 7, 2015 2749

HCS HB 879 - Korman HB 1247 - Lant HB 854 - Reiboldt HCS HB 1331 - Parkinson

SENATE BILLS FOR THIRD READING

SB 166 - Curtis SS SCS SB 15 - Koenig SB 82 - Frederick HCS SB 205 - Gosen SB 276 - Peters SB 277 - Peters SCS SB 435, HA 1 to HA 1, HA 1, pending - Pierson HCS SCS SB 131 - Love HCS SB 148, E.C. - Jones HCS SCS SB 10 - Allen HCS SB 317 - Wiemann SCS SB 321 - Lant HCS SS SCS SB 354 - Franklin HCS SB 369 - Dohrman

SENATE CONCURRENT RESOLUTIONS FOR THIRD READING

SCR 15 - Shull SCS SCR 26 - Haahr SCR 14 - Cornejo SCR 17 - Fitzwater (144) HCS SS SCR 25 - McGaugh SCR 29 - Frederick

HOUSE BILLS WITH SENATE AMENDMENTS

HB 629, SA 1 - Leara SCS HB 1098 - Crawford SCS HCS HB 709, as amended - Gosen SCS HB 686, as amended - Hinson SS HB 92, as amended - Miller SCS HB 1149, as amended - Lauer SCS HCS HB 618 - Fraker SS SCS HB 522, HB 34, HB 133, HB 134, HB 810, HB 338 & HB 873 - Cookson SS HB 616 - Dohrman SS SCS HB 799, as amended, (Fiscal Review 5/7/15) - Roeber SCS HB 1070, (Fiscal Review 5/7/15) - Davis SCS HCS HB 613, as amended (Fiscal Review 5/7/15), E.C. - Crawford SS HCS HB 137, as amended, (Fiscal Review 5/7/15), E.C. - McCaherty 2750 Journal of the House

BILLS CARRYING REQUEST MESSAGES

SS SCS HB 556, as amended, (request Senate recede/grant House conference) - Wood

BILLS IN CONFERENCE

SS#2 SCS SB 11, HA 1, HA 1 HA 2, HA 2, a.a., HA 1 HA 3, HA 3, a.a., & HA 4 - Rowden CCR#2 HCS SB 104, as amended - Dugger HCS SCS SB 473, as amended, E.C. - Rowland CCR#2 HCS SB 254, as amended - Davis CCR HCS SB 283, as amended - Leara CCR HCS SCS SB 270, as amended - Dugger CCR SS SCS HB 458, as amended - Allen CCR SB 446, HA 1, HA 2, as amended - Davis CCR HCS SS SCS SB 67, as amended - Rhoads CCR HCS SB 282, as amended, (Fiscal Review 5/7/15) - Gosen CCR HCS SCS SB 300, as amended, (Fiscal Review 5/7/15) - Leara HCS SCS SB 172, as amended, E.C. - Swan CCR HCS SS SCS SB 115, as amended, E.C. - Miller CCR HCS SCS SB 445, as amended - Miller CCR#2 HCS SCS SB 152, as amended - Miller HCS SS SCS SB 278, as amended - Hinson CCR HCS SB 13, as amended - Spencer CCR SCS HB 152, as amended, (Fiscal Review 5/7/15) - Haahr CCR SCS HB 615, (Fiscal Review 5/7/15) - Dohrman HCS SCS SB 35, as amended, (Senate exceeded differences) - Haefner HCS SCS SB 210, as amended - Flanigan HCS SB 221 - Hinson HCS SCS SB 322, as amended, - Engler SCS SB 328, HA 1, HA 2 - Lauer HCS SCS SB 380, as amended - Lair

VETOED HOUSE BILLS

HB 150 - Fitzpatrick