Journal of the Senate SECOND REGULAR SESSION SEVENTIETH DAY—FRIDAY, MAY 16, 2014 The Senate met pursuant to adjournment. President Kinder in the Chair. Reverend Carl Gauck offered the following prayer: “I expect to pass through this world but once. Any good, therefore, that I can do or any kindness that I can show to any fellow creature let me do it now. Let me not defer it nor neglect it, for I shall not pass this way again.” (French saying) Wondrous God, we have been motivated this week, this whole session, to do what is required of us, realizing it must be done now. We acknowledge that our efforts, whether completed or not, come to an end this day. So as we complete this final day grant us wisdom and perseverance, energy and caring in our final eight hours together. For our work this session, we give You thanks for walking with us and guiding our efforts. We give You thanks for those who have served with us and those who have worked so faithfully for us to accomplish all that has been done here. For this we give You thanks and praise. In Your Holy Name we pray. Amen. The Pledge of Allegiance to the Flag was recited. A quorum being established, the Senate proceeded with its business. The Journal of the previous day was read and approved. Senator Richard announced photographers from KRCG-TV, The Missouri Times and Columbia Daily Tribune were given permission to take pictures in the Senate Chamber. The following Senators were present during the day’s proceedings: Present—Senators Brown Chappelle-Nadal Cunningham Curls Dempsey Dixon Emery Holsman Justus Keaveny Kehoe Kraus Lager Lamping LeVota Libla Munzlinger Nasheed Nieves Pearce Richard Romine Sater Schaaf Schaefer Schmitt Sifton Silvey Wallingford Walsh Wasson—31 Absent—Senators—None Absent with leave—Senator Parson—1 Vacancies—2 The Lieutenant Governor was present. 1744 1745 Seventieth Day—Friday, May 16, 2014 RESOLUTIONS Senator Kraus offered Senate Resolution No. 3001, regarding Tammy Webber, which was adopted. MESSAGES FROM THE HOUSE The following messages were received from the House of Representatives through its Chief Clerk: Mr. President: I am instructed by the House of Representatives to inform the Senate that the House conferees on HCS for SS No. 2 for SB 754, as amended should be Representatives: Flanigan, Richardson and Kelly (45). Also, Mr. President: The Speaker of the House has appointed the following committee to act with a like committee from the Senate on SS for HB 1707. Representatives: Phillips, Conway (104) and Walton Gray. Also, Mr. President: The Speaker of the House has appointed the following committee to act with a like committee from the Senate on SS for SCS for HCS for HBs 1665 and 1335. Representatives: Jones (50), Elmer and Webber. Also, Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SS for SB 869, entitled: An Act to repeal sections 21.771, 37.710, 210.027, 210.145, 210.152, 210.160, 210.183, 334.950, 453.073, and 453.074, RSMo, and to enact in lieu thereof ten new sections relating to children, with an existing penalty provision. With House Amendment Nos. 1, 2, 3 and 4. HOUSE AMENDMENT NO. 1 Amend House Committee Substitute for Senate Substitute for Senate Bill No. 869, Pages 4 through 5, Section 210.027, Lines 1 through 38, by deleting all of said lines and inserting in lieu thereof the following: “210.027. 1. For child-care providers who receive state or federal funds for providing child-care [services in the home] fee assistance, either by direct payment or through reimbursement to a child-care beneficiary, the department of social services shall: (1) Establish publicly available website access to provider-specific information about any health and safety licensing or regulatory requirements for the providers, and including dates of inspections, history of violations, and compliance actions taken, as well as the consumer education information required under subdivision (12) of this section; (2) Establish or designate one hotline for parents to submit complaints about child care providers; (3) Be authorized to revoke the registration of a registered provider for due cause; [(2)] (4) Require providers to be at least eighteen years of age; [(3)] (5) Establish minimum requirements for building and physical premises to include: Journal of the Senate 1746 (a) Compliance with state and local fire, health, and building codes, which shall include the ability to evacuate children in the case of an emergency; and (b) Emergency preparedness and response planning. Child care providers shall meet these minimum requirements prior to receiving federal assistance. Where there are no local ordinances or regulations regarding smoke detectors, the department shall require providers, by rule, to install and maintain an adequate number of smoke detectors in the residence or other building where child care is provided; [(4)] (6) Require providers to be tested for tuberculosis on the schedule required for employees in licensed facilities; [(5)] (7) Require providers to notify parents if the provider does not have immediate access to a telephone; [(6)] (8) Make providers aware of local opportunities for training in first aid and child care; (9) Promulgate rules and regulations to define pre-service training requirements for child care providers and employees pursuant to applicable federal laws and regulations; (10) Establish procedures for conducting unscheduled onsite monitoring of child care providers prior to receiving state or federal funds for providing child care services either by direct payment or through reimbursement to a child care beneficiary, and annually thereafter; (11) Require child care providers who receive assistance under applicable federal laws and regulations to report to the department any serious injuries or death of children occurring in child care; and (12) With input from statewide stakeholders such as parents, child care providers or administrators, and system advocate group, establish a transparent system of quality indicators appropriate to the provider setting that shall provide parents with a way to differentiate between child care providers available in their communities as required by federal rules. The system shall describe the standards used to assess the quality of child care providers. The system shall indicate whether the provider meets Missouri’s registration or licensing standards, is in compliance with applicable health and safety requirements, and the nature of any violations related to registration or licensing requirements. The system shall also indicate if the provider utilizes curricula and if the provider is in compliance with staff educational requirements. Such system of quality indicators established under this subdivision with the input from stakeholders shall be promulgated by rules. 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, 2014, shall be invalid and void. This subdivision shall not be construed as authorizing the operation, establishment, maintenance, or mandating or offering of incentives to participate in a quality rating system under section 161.216. 1747 Seventieth Day—Friday, May 16, 2014 2. No state agency shall enforce the provisions of this section until October 1, 2015, or six months after the implementation of federal regulations mandating such provisions, whichever is later.”; and Further amend said bill, Page 16, Section 210.183, Line 42, by inserting after all of said line the following: “210.211. 1. It shall be unlawful for any person to establish, maintain or operate a child-care facility for children, or to advertise or hold himself or herself out as being able to perform any of the services as defined in section 210.201, without having in effect a written license granted by the department of health and senior services; except that nothing in sections 210.203 to 210.245 shall apply to: (1) Any person who is caring for four or fewer children. For purposes of this subdivision, children who are related by blood, marriage or adoption to such person within the third degree shall not be considered in the total number of children being cared for; (2) Any person who has been duly appointed by a court of competent jurisdiction the guardian of the person of the child or children, or the person who has legal custody of the child or children; (3) Any person who receives free of charge, and not as a business, for periods not exceeding ninety consecutive days, as bona fide, occasional and personal guests the child or children of personal friends of such person, and who receives custody of no other unrelated child or children; (4) Any graded boarding school, summer camp, hospital, sanitarium or home which is conducted in good faith primarily to provide education, recreation, medical treatment, or nursing or convalescent care for children; (5) Any child-care facility maintained or operated under the exclusive control of a religious organization. When a nonreligious organization, having as its principal purpose the provision of child-care services, enters into an arrangement with a religious organization for the maintenance or operation of a child-care facility, the facility is not under the exclusive control of the religious organization; (6) Any residential facility or day program licensed by the department of mental health pursuant to sections 630.705 to 630.760 which provides care, treatment and habilitation exclusively to children who have a primary diagnosis of mental disorder, mental illness, mental retardation or developmental disability, as defined in section 630.005; and (7) Any nursery school.