Journal of the House

Second Regular Session, 94th General Assembly

FIFTIETH DAY, Wednesday, April 9, 2008

The House met pursuant to adjournment.

            Speaker Pro Tem Pratt in the Chair.

            Prayer by Reverend James Earl Jackson.

              Great and marvelous are Your works, Lord God Almighty! Just and true are Your ways.

              We endeavor, this day, to make the most of every opportunity presented to us. We recognize that, for many of our constituents, these are desperate times! We refuse to act thoughtlessly, but thoughtfully, endeavoring to find out, and do, what is impartial, purposeful and beneficial for all concerned.

              Help us to not waste our time on useless work, mere busyness, or the empty pursuit of activity. When we slip into those moments, expose them that we might make the necessary corrections.

              As seconds turn into minutes and minutes into hours, and the hours reach deep into the evening, grant us strength of character, strength of mind, and most certainly, strength of body, that we may endure.

              Now may Your peace, which surpasses all understanding, guard our hearts and our minds throughout this day and the remainder of this week.

              We ask these things in the name of Your Son. 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: Ryan Childress, Hunter Soule, Ashten Lorts, Dylan Grawe, Mark Lamb, Ashley Dowden, Ryan Olson, Tiffany Dattel, Grace Dockhorn, Logan Ball, Ajahni Johnston, Taylor Corkery and Hannah Thompson.

            The Journal of the forty-ninth day was approved as corrected.

SPECIAL RECOGNITION

            Dr. Mark Prelas was introduced by Representative Salva and recognized as an Outstanding Missourian.

            Mickey Carroll, original "Wizard of Oz" munchkin, was introduced by Representative Schneider and presented a resolution for being selected as an honorary member of the 1904 World's Fair Charitable Foundation Board.

PERFECTION OF HOUSE BILLS

            HCS HBs 2040 & 2430, relating to educational personnel compensation, was taken up by Representative Jetton.

            HCS HBs 2040 & 2430 was laid over.

            HCS HBs 1549, 1771, 1395 & 2366, with Part II and Part III, pending, relating to illegal aliens, was taken up by Representative Onder.

            Representative Nieves assumed the Chair.

            Speaker Pro Tem Pratt resumed the Chair.

            Representative Tilley moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Onder, Part II of HCS HBs 1549, 1771, 1395 & 2366 was adopted.

            Representative Tilley moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Onder, Part III of HCS HBs 1549, 1771, 1395 & 2366 was adopted.

            On motion of Representative Onder, HCS HBs 1549, 1771, 1395 & 2366 was ordered perfected and printed.

COMMITTEE REPORT

            Committee on Fiscal Review, Chairman Guest reporting:

            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HB 1929 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

            On motion of Representative Tilley, the House recessed until 2:30 p.m.

AFTERNOON SESSION

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

HOUSE RESOLUTION

            Representative Deeken offered House Resolution No. 1691.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 1686 through House Resolution No. 1690

            House Resolution No. 1692 through House Resolution No. 1729

THIRD READING OF SENATE BILL

            SB 1066, relating to elementary and secondary education, was taken up by Representative Muschany.

            Representative Bringer offered House Amendment No. 1.

House Amendment No. 1

AMEND Senate Bill No. 1066, Page 9, Section 168.021, Line 150, by adding after all of said line the following:

              "168.133. 1. The school district shall ensure that a criminal background check is conducted on any person employed after January 1, 2005, authorized to have contact with pupils and prior to the individual having contact with any pupil. Such persons include, but are not limited to, administrators, teachers, aides, paraprofessionals, assistants, secretaries, custodians, cooks, and nurses. The school district shall also ensure that a criminal background check is conducted for school bus drivers. The district may allow such drivers to operate buses pending the result of the criminal background check. For bus drivers, the background check shall be conducted on drivers employed by the school district or employed by a pupil transportation company under contract with the school district.

              2. In order to facilitate the criminal history background check on any person employed after January 1, 2005, the applicant shall submit two sets of fingerprints collected pursuant to standards determined by the Missouri highway patrol. One set of fingerprints shall be used by the highway patrol to search the criminal history repository and the family care safety registry pursuant to sections 210.900 to 210.936, RSMo, and the second set shall be forwarded to the Federal Bureau of Investigation for searching the federal criminal history files.

              3. The applicant shall pay the fee for the state criminal history record information pursuant to section 43.530, RSMo, and sections 210.900 to 210.936, RSMo, and pay the appropriate fee determined by the Federal Bureau of Investigation for the federal criminal history record when he or she applies for a position authorized to have contact with pupils pursuant to this section. The department shall distribute the fees collected for the state and federal criminal histories to the Missouri highway patrol.

              4. The school district may adopt a policy to provide for reimbursement of expenses incurred by an employee for state and federal criminal history information pursuant to section 43.530, RSMo.

              5. If, as a result of the criminal history background check mandated by this section, it is determined that the holder of a certificate issued pursuant to section 168.021 has pled guilty or nolo contendere to, or been found guilty of a crime or offense listed in section 168.071, or a similar crime or offense committed in another state, the United States, or any other country, regardless of imposition of sentence, such information shall be reported to the department of elementary and secondary education.

              6. Any school official making a report to the department of elementary and secondary education in conformity with this section shall not be subject to civil liability for such action.

              7. For any teacher who is employed by a school district on a substitute or part-time basis within one year of such teacher's retirement from a Missouri school, the state of Missouri shall not require such teacher to be subject to any additional background checks prior to having contact with pupils. Nothing in this subsection shall be construed as prohibiting or otherwise restricting a school district from requiring additional background checks for such teachers employed by the school district.

              8. A criminal background check and fingerprint collection conducted under subsections 1 and 2 of this section shall be valid for at least a period of one year and transferrable from one school district to another district. A teacher's change in type of certification shall have no effect on the transferability of such records.

              9. Nothing in this section shall be construed to alter the standards for suspension, denial, or revocation of a certificate issued pursuant to this chapter.

              [9.] 10. The state board of education may promulgate rules for criminal history background checks made pursuant to this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, 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, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, 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 January 1, 2005, shall be invalid and void."; and

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

            Representative Bringer moved that House Amendment No. 1 be adopted.

            Which motion was defeated.

            SB 1066 was laid over.

PERFECTION OF HOUSE BILLS

            HCS HB 1332, relating to pharmacy audits, was taken up by Representative Sater.

            Representative Sater offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1332, Section 338.600, Page 1, Line 4, by striking the words "the board of pharmacy,"; and

              Further amend said section and page, Line 5, by striking the words "or board,"; and

              Further amend said section, Page 2, Line 19, by inserting the following after "drug":

              ". Electronically stored images of prescriptions, electronically created annotations and other related supporting documentation shall be considered valid prescription records. Hard copy and electronic signature logs that indicate the delivery of pharmacy services shall be considered valid proof of receipt of such services by a program enrollee"; and

              Further amend said section and page, Line 48, by deleting the numeral “4" and inserting in lieu thereof the numeral “3"; and

              Further amend said section, Page 3, Line 59, by inserting after the number "6." the following:

              "This section shall not apply to any audit conducted as part of any inspection or investigation conducted by the board of pharmacy.

              7."; and

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

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

            Representative Tilley offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1332, Section 338.600, Page 1, Line 13, by deleting all of said line and inserting in lieu thereof the following:

              "itself constitute fraud or grounds for recoupment; except that, such claims may be otherwise subject to recoupment or payment"; and

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

            On motion of Representative Tilley, House Amendment No. 2 was adopted by the following vote:

            Representative Stevenson offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 1332, Section 338.600, Page 3, Line 61, by inserting after all of said line the following:

“Section 1. 1. As used in sections 1 to 3, the following words and phrases shall mean:

              (1) “Generic alternative”, another drug within the same drug class as the originally prescribed medication;

              (2) “Generic equivalent”, another drug with the same chemical compound as the originally prescribed medication;

              (3) “Health carrier”, the same meaning as such term is defined in section 376.1350, RSMo;

              (4) “Pharmacy benefit manager” or “PBM”, a person or entity other than a pharmacy or pharmacist acting as an administrator in connection with pharmacy benefits;

              (5) “Switch communication”, a communication from a health insurance carrier or PBM to a patient or the patient’s physician that recommends a patient's medication be switched by the original prescribing health care professional to a different medication than the medication originally prescribed by the prescribing health care professional.

              2. (1) Any time a patient’s medication is recommended to be switched to a medication other than that originally prescribed by the prescribing health care professional, a switch communication shall be sent to:

(a) The patient providing information about why the switch is proposed and the patient’s rights for refusing the recommended change in treatment; and

(b) The plan sponsor informing such sponsor of the cost, shown in currency form, of the recommended medication and the cost, shown in currency form, of the originally prescribed medication.

              (2) A switch communication shall not be required for generic equivalent medication switches, unless the cost to the patient or plan sponsor is greater than the medication originally prescribed and dispensed.

              (3) A switch communication shall be required for generic alternative medication switches.

              3. Such switch communication shall:

              (1) Clearly identify the originally prescribed medication and the medication to which it has been proposed that the patient should be switched;

              (2) Explain any financial incentives that may be provided to, or have been offered to, the prescribing health care professional by the health carrier of PBM that could result in the switch to the different drug. In particular, cash or in-kind compensation payable to prescribers or their professional practices for switching patients from their currently prescribed medication to a different medication shall be disclosed to the patient as well as incentives that may be provided through general health care professional compensation programs used by the health carrier or PBM;

              (3) Explain any financial incentive that a health carrier or PBM may have to encourage the switch to a different drug;

(4) Advise the patient of his or her rights to discuss the proposed change in treatment before such a switch takes place, including a discussion with the patient’s prescribing health care professional, the filing of a grievance with the health carrier to prevent the switch if such a switch is based on a financial incentive and the filing of a grievance with the department of insurance, financial institutions, and professional registration; and

(5) Explain any cost sharing changes for which the patient is responsible.

              4. Switch communications to health care providers shall disclose financial incentives or benefits that may be received by the health carrier or PBM.

5. Switch communications to health care providers shall direct the prescriber to advise the patient that is subjected to a switch by the prescriber of any financial incentives received by the prescriber or other inducements from the health carrier or PBM that may influence the decision to switch.

6. A copy of any switch communication sent to a patient shall also be sent to the prescribing health care professional.

              7. Health insurance payers, including employers, shall be notified of medication switches among plan participants. Such notification shall include any financial incentive the health carrier or PBM may be utilizing to encourage or induce the switch. Information contained in the notification shall be in the aggregate and must not contain any personally identifiable information.

              8. The department of insurance, financial institutions, and professional registration shall create one form for health carriers and pharmacy benefit managers to use in switch communications to patients, prescribing health care professionals, and health insurance payers including employers.

              9. The department shall promulgate rules governing switch communications.

              10. Such rules shall include, but not be limited to the following:

              (1) Procedures for verifying the accuracy of any switch communications from health benefit plans and pharmacy benefit managers to ensure that such switch communications are truthful, accurate, and not misleading based on cost to the patient and plan sponsor, the product package labeling, medical compendia recognized by the MO HealthNet program for the drug utilization review program, and peer-reviewed medical literature, with appropriate referenced provided;

              (2) A requirement that all switch communications bear a prominent legend on the first page that states: "This is not a product safety notice. This is a promotional announcement from your health care insurer or pharmacy benefit manager about one of your current prescribed medications.";

              (3) A requirement that, if the switch communication contains information regarding a potential therapeutic substitution, such communication shall explain that medications in the same therapeutic class are associated with different risks and benefits and may work differently in different patients.

              11. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, 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, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, 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, 2008, shall be invalid and void.

              Section 2. 1. Issuing or delivering or causing to be issued or delivered a switch communication that has not been approved and is not in compliance with the requirements of section 1 is punishable by a fine not to exceed twenty-five thousand dollars.

              2. Providing a misrepresentation or false statement in a switch communication under section 1 is punishable by a fine not to exceed twenty-five thousand dollars.

              3. Any other material violation of section 1 is punishable by a fine not to exceed twenty-five thousand dollars.

              Section 3. 1. When medications for the treatment of any medical condition are restricted for use by a health carrier or PBM by a step therapy or fail first protocol, a prescriber may override such restriction if:

              (1) The preferred treatment by the health carrier or the PBM has been ineffective in the treatment of the covered person's disease or medical condition; or

(2) Based on sound clinical evidence and medical and scientific evidence:

              (a) The preferred treatment is expected to be ineffective based on the known relevant physical or mental characteristics of the covered person and known characteristics of the drug regimen, and is likely to be ineffective or adversely affect the drug's effectiveness or patient compliance; or

              (b) The preferred treatment has caused or based on sound clinical evidence and medical and scientific evidence is likely to cause an adverse reaction or other harm to the covered person.

              2. The duration of any step therapy or fail first protocol shall not be longer than a period of fourteen days.

              3. For medications with no generic equivalent and for which the prescribing physician in their clinical judgment feels that no appropriate therapeutic alternative is available a health carrier or PBM shall provide access to United States Food and Drug Administration (FDA) labeled medications without restriction to treat such medical conditions for which an FDA labeled medication is available.”; and

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

            Representative Hobbs assumed the Chair.

            On motion of Representative Stevenson, House Amendment No. 3 was adopted by the following vote:

            Representative Villa offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill No. 1332, Section 338.600, Page 2, Lines 35-37, by deleting all of said lines from the bill; and

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

            Representative Villa moved that House Amendment No. 4 be adopted.

            Which motion was defeated by the following vote:

            Representative Roorda offered House Amendment No. 5.

            Representative Faith raised a point of order that House Amendment No. 5 goes beyond the scope of the bill.

            Representative Hobbs requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

            On motion of Representative Sater, HCS HB 1332, as amended, was adopted.

            On motion of Representative Sater, HCS HB 1332, as amended, was ordered perfected and printed.

            HCS HBs 2040 & 2430, relating to educational personnel compensation, was again taken up by Representative Jetton.

            Speaker Pro Tem Pratt resumed the Chair.

            Representative Cooper (120) assumed the Chair.

            Representative Jetton offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill Nos. 2040 & 2430, Section 163.172, Page 21, Line 1, to Page 22, Line 26, by deleting all of said lines and inserting in lieu thereof the following:

              "163.172. 1. [In school year 1994-95 and thereafter until school year 2006-07, the minimum teacher's salary shall be eighteen thousand dollars. Beginning in school year 2006-07, the minimum teacher's salary shall be twenty-two thousand dollars; in school year 2007-08, the minimum teacher's salary shall be twenty-three thousand dollars; in school year 2008-09, the minimum teacher's salary shall be twenty-four thousand dollars; in school year 2009-10 and thereafter, the minimum teacher's salary shall be twenty-five thousand dollars. Beginning in the school year 1996-97 until school year 2006-07, for any full-time teacher with a master's degree and at least ten years' teaching experience in a public school or combination of public schools, the minimum salary shall be twenty-four thousand dollars. Beginning in the school year 2006-07, for any full-time teacher with a master's degree in an academic teaching field and at least ten years' teaching experience in a public school or combination of public schools, the minimum salary shall be thirty thousand dollars; in the 2007-08 school year such minimum salary shall be thirty-one thousand dollars; in the 2008-09 school year such minimum salary shall be thirty-two thousand dollars; and in the 2009-10 school year such minimum salary shall be thirty-three thousand dollars.

              2. Beginning with the budget requests for fiscal year 1991,] As used in this section, the following terms

mean:

              (1) "Full-time", a teacher working under school district contract or for a state school for the severely handicapped, state school for the deaf, or state school for the blind for all school days and hours eligible for attendance of students;

              (2) "Minimum salary supplement", the difference between the school district's salary schedule and the minimum salary set out in subdivision (1) of subsection 4 of this section, based on years of teaching experience and the most advanced academic degree held by the teacher;

              (3) "Regular school term", a minimum of one hundred seventy-four days and one thousand forty-four hours of pupil attendance possible for students;

              (4) "Salary", the salary amount which appears on the teacher's contract for the regular school term. Such term does not include supplements for extra duties, summer school, career ladder, or extensions of the contract year. The minimum salary supplement shall be included in the calculation of "final average salary" under subdivision (8) of section 169.010, RSMo;

              (5) "Teacher", all certificated school district personnel who are eligible for tenure and are paid pursuant to the school district teacher salary schedule, including but not limited to teachers, librarians, counselors, and career education instructors.

              2. Beginning with the 2008-2009 school year, the general assembly shall make an annual appropriation to the minimum salary fund for teachers established in subsection 3 of this section for the purpose of paying public school teacher minimum salary supplements in those districts meeting the qualifications established in subsection 4 of this section. A participating school district shall be responsible only for the contracted amount of a teacher's salary. If the appropriation of the general assembly is insufficient to pay the total cost of all salary supplements, the minimum salary amounts of subsection 4 of this section shall be prorated until the amount appropriated is sufficient to make the payments to all participating school districts.

              3. There is hereby created in the state treasury the "Minimum Salary Fund for Teachers" to fund the minimum teacher salaries provided for in this section. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, RSMo, the state treasurer may approve disbursements. Upon appropriation, money in the fund shall be used solely for the administration of this section. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.

              4. To make application and qualify to begin receiving funds under subsection 1 of this section, a school district shall:

              (1) Regardless of where a teacher is placed on a local salary schedule, recognize all years of teacher experience, including but not limited to employment in out-of-state schools, private schools, and public charter schools:

Years of Experience                       Bachelor's                         Master's

1-3                                                    $31,000                              $33,000

4-6                                                    $32,500                              $34,500

7-9                                                    $34,000                              $36,000

10-12                                                $35,500                              $37,500

13-15                                                $37,000                              $39,000

16-18                                                $38,500                              $40,500

19-21                                                $40,000                              $42,000

22-24                                                $41,500                              $43,500

25-27                                                $43,000                              $45,000

28+                                                   $44,500                              $46,500

              (2) Be subject to a local effort requirement. The local effort shall be calculated based on the percentage of expenditures from the teachers and incidental funds attributable to the base salary, retirement, and health care costs of the teachers covered under the minimum salary supplement program. A district may vary from its local effort percentage based on its combined unrestricted fund balance as of June thirtieth of the previous year, as follows:

Fund Balance                   Variance Allowed

75% or more                    1%

74-50%                             1.5%

50-30%                             2%

30-20%                             2.5%

20-15%                             3%

15-10%                             4%

Less than 10%                  5%

The department shall deduct, in the next fiscal year, a corresponding dollar amount of the minimum salary supplement for a district that varies more than the allowable percentage from its local effort percentage.

              5. Future increases in minimum salaries established under subsection 4 of this section shall be contingent upon decreases in total state payments to all districts made under subsection 4 of this section. The second fiscal year following the fiscal year in which the state cost of funding the minimum salary program is eighty-five percent or less of the full funding cost for the first school year of the state funding of minimum salaries for teachers under subsection 4 of this section, the value of the base level of minimum salary, represented by the one-to-three year bracket amount, shall be increased by five hundred dollars.

              6. The commissioner of education shall present to the appropriate committees of the general assembly information on the average Missouri teacher's salary, regional average salary data, and national average salary data.

              [3.] 7. All school salary information shall be public information.

              [4. As used in this section, the term "salary" shall be defined as the salary figure which appears on the teacher's contract and as determined by the local school district's basic salary schedule and does not include supplements for extra duties.

              5. The minimum salary for any fully certificated teacher employed on a less than full-time basis by a school district, state school for the severely handicapped, the Missouri School for the Deaf, or the Missouri School for the Blind shall be prorated to reflect the amounts provided in subsection 1 of this section.]

              8. The state board of education shall issue rules and regulations as necessary for the efficient and effective implementation of this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, 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, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, 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, 2008, shall be invalid and void."; and

              Further amend said bill, Page 61, Section 1, Line 3, by adding after all of said line the following:

              "Section B. Because immediate action is necessary to synchronize the requirements of Sections 163.172, 169.070, and 169.670 of section A of this act with the school calendar and state fiscal year, Sections 163.172, 169.070, and 169.670 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 Sections 163.172, 169.070, and 169.670 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.

            Representative Schoeller offered House Amendment No. 1 to House Amendment No. 1.

House Amendment No. 1

to

House Amendment No. 1

AMEND House Amendment No. 1 to House Committee Substitute for House Bill Nos. 2040 & 2430, Page 2, Lines 18 and 19, by deleting said lines and inserting in lieu thereof the following:

              "2. Subject to appropriation and beginning with the 2008-2009 school year, funds shall be deposited into the minimum salary fund for teachers established in subsection 3 of this section"; and

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

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

            Representative Portwood offered House Amendment No. 2 to House Amendment No. 1, as amended.

House Amendment No. 2

to

House Amendment No. 1

AMEND House Amendment No. 1 to House Committee Substitute for House Bill Nos. 2040 & 2430, Page 6, Line 1, by inserting before the phrase "Section B" on said line the following:

              "Section 2. 1. Beginning in school year 2009-2010, registered professional school nurses employed by a school district shall be paid on the same pay scale as teachers working in the same school district, with nurses and teachers having equivalent work history and working hours receiving the same salary.

              2. The salary requirements under this section for registered professional school nurses shall not result in a decrease or loss of any existing school funding or decrease the current number of registered professional school nurse staffing positions in any school district.

              3. As used in this section, the following terms shall mean:

              (1) "Registered professional school nurse", a registered professional nurse, as defined in section 335.016, RSMo, employed by a school district to engage in the practice of professional nursing, as defined in section 335.016, RSMo, for such school district;

              (2) "Salary", the salary figure which appears on the registered professional school nurse's contract or employment agreement and as determined by the local school district's basic salary schedule and does not include supplements for extra duties.".

            Speaker Pro Tem Pratt resumed the Chair.

            Representative Skaggs offered House Substitute Amendment No. 1 for House Amendment No. 2 to House Amendment No. 1, as amended.

            Representative Smith (150) raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 2 to House Amendment No. 1, as amended, is in violation of Rule 46(b) and the Rules of the U. S. House of Representatives.

            The Chair ruled the point of order well taken.

            On motion of Representative Portwood, House Amendment No. 2 to House Amendment No. 1, as amended, was adopted.

            Representative Skaggs offered House Substitute Amendment No. 1 for House Amendment No. 1, as amended.

House Substitute Amendment No. 1

for

House Amendment No. 1

AMEND House Committee Substitute for House Bill Nos. 2040 & 2430, Page 2, Lines 18 and 19, by deleting said lines and inserting in lieu thereof the following:

              "2. Subject to appropriation and beginning with the 2008-2009 school year, funds shall be deposited into the minimum salary fund for teachers established in subsection 3 of this section"; and

              Further amend Page 6, Line 1, by inserting before "Section B":

              "Section 2. 1. Beginning in school year 2009-2010, registered professional school nurses and bus drivers employed by a school district shall be paid on the same pay scale as teachers working in the same school district, with nurses and teachers and bus drivers having equivalent work history and working hours receiving the same salary.

              2. The salary requirements under this section for registered professional school nurses and bus drivers shall not result in a decrease or loss of any existing school funding or decrease the current number of registered professional school nurse staffing positions or bus drivers in any school district.

              3. As used in this section, the following terms shall mean:

              (1) "Registered professional school nurse", a registered professional nurse, as defined in section 335.016, RSMo, employed by a school district to engage in the practice of professional nursing, as defined in section 335.016, RSMo, for such school district;

              (2) "Salary", the salary figure which appears on the registered professional school nurse's contract or employment agreement and as determined by the local school district's basic salary schedule and does not include supplements to extra duties.".

            Representative Tilley moved the previous question.

            Which motion was adopted by the following vote:

            Representative Skaggs moved that House Substitute Amendment No. 1 for House Amendment No. 1, as amended, be adopted.

            Which motion was defeated by the following vote:

            Representative Tilley moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Jetton, House Amendment No. 1, as amended, was adopted.

            Representative Holsman offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill Nos. 2040 & 2430, Section 168.710, Page 36, Line 1, to Page 38, Line 87, by deleting all of said lines and inserting in lieu thereof the following:

              "168.710. 1. Beginning in fiscal year 2010 and ending in fiscal year 2015, the general assembly shall make an annual appropriation of twenty million dollars to be distributed to school districts for a pilot project to recognize excellence in performance by instructional personnel and school-based administrators in participating districts.

              2. In order to be eligible for funding under this section, a school district board shall adopt an excellence award program plan that provides for assessment and an award based on the performance of teachers and students assigned to schools in participating districts under subsection 3 of this section. All instructional personnel and school-based administrators, as defined by the department through rule, are eligible to receive excellence awards, with the exception of substitute teachers. In order to receive an excellence award under this section, instructional personnel shall be assessed on the performance of students assigned to their classrooms or within their academic sphere of responsibility. The district school board may not require instructional personnel or school-based administrators to apply for an award, or make any presentation, in order to be assessed for or receive an excellence award. The department of elementary and secondary education may not distribute any portion of prorated funding to a district, if the district chooses not to adopt an excellence award program plan under this section. Undistributed funds shall revert to the fund from which the appropriation was made.

              3. The district's award plan shall be based on the elements listed below. No district shall be permitted to continue to participate unless it submits its external building evaluation data under opportunity 2 annually to the joint committee on education and annually makes the data available to the school community in conjunction with the information required for annual performance reports. Opportunity 1 shall be an individual award based on the teacher's performance; opportunities 2, 3, and 4 shall be awarded to all teachers assigned to the building.

              (1) Opportunity 1, teacher-controlled variables. An individual teacher may earn two and five-tenths percent of his or her base salary by:

              (a) Submitting a portfolio, which shall include but not be limited to, grade level expectations, a curriculum outline for the year, daily lesson plans, past student work, current student work, discipline plan, and notes for substitute teachers; and

              (b) Achieving a ninety-five percent personal attendance rate.

              (2) Opportunity 2, ground level expectations. Teachers assigned to the building may earn:

              (a) Two and five-tenths percent of their base salaries if the building:

              a. Conducts an external evaluation of the building's performance with anonymous surveys of parents, teachers, administrators and nonteaching staff, and students, which includes:

              i. If a high school building, the creation of a student evaluation council composed of no more than ten percent of the senior class selected at the beginning of the second semester of the senior year from students who have a career grade point average of at least three points on a four-point scale or equivalent, to participate in three meetings with the superintendent, building administrator, and selected faculty to conduct exit interviews and anonymous questionnaires and to be available for a followup on academic preparation and job readiness the year after graduation; or

              ii. If not a high school building, the implementation of an age-appropriate exit-year interview to gather information on school climate and a survey with anonymous questionnaires taken from a random sample of the building's parents, teachers, staff, and students; and

              b. Increases either student attendance or graduation rate by two percentage points over the last year's rate; or

              (b) One percent of their base salaries by maintaining at least ninety-three percent student attendance and a ninety percent graduation rate.

              (3) Opportunity 3, Missouri assessment program scores. Teachers assigned to the building may earn:

              (a) Two and five-tenths percent of their base salaries by increasing the scores on the building's performance index status measure for any two of the mathematics, communication arts, or science assessments by one performance level over the last year; or

              (b) One percent of their base salaries by:

              a. Raising one of the three assessments status measures to the high 1 or high 2 level; or

              b. Maintaining two out of three assessment status measures at the high 1 or high 2 level.

              (4) Opportunity 4, building progress report. Teachers assigned to the building may earn:

              (a) Two and five-tenths percent of their base salaries by scoring "met" on two accreditation performance indicators that had been scored "not met" last year's annual performance report; or

              (b) One percent of their base salaries by scoring "met" on one accreditation performance indicator that was scored "not met" last year or maintaining accreditation with at least twelve of the fourteen performance criteria met for a building with high school grades or six of seven for elementary, middle school or junior high school buildings.

              4. In order for a district to develop a plan to participate in the excellence award program, a majority vote of the certificated teachers of the district shall be required. The department shall create a web-based ballot that permits a district's certificated teachers to vote using a method that requires a unique identifier or other means to ensure validity. Voting shall be a confidential process. The department shall report the district's results to the district.

              5. Each district school board shall inform its employees of the criteria and procedures associated with the excellence award program plan.

              6. Each person who qualifies for an award is required to be an employee of the school district in the fiscal year during which award funds are distributed.

              7. Nothing in this section shall be construed to be an element of any school district salary schedule as referred to in subdivision (2) of section 168.110.

              8. The joint committee on education shall review the impact of the excellence award program during fiscal year 2012 and again in fiscal year 2014 and shall make recommendations about the continuation of the program for legislative action prior to the scheduled end of the program under subsection 9 of this section. In its review, the joint committee shall consider information from all stakeholders and may issue a request for proposals from any organization without an interest in the matter to conduct research that it deems necessary.

              9. Pursuant to section 23.253, RSMo, of the Missouri Sunset Act:

              (1) The provisions of the new program authorized under this section shall automatically sunset six years after the effective date of this section unless reauthorized by an act of the general assembly; and

              (2) If such program is reauthorized, the program authorized under this section shall automatically sunset twelve years after the effective date of the reauthorization of this section; and

              (3) This section shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under this section is sunset.

              10. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, 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, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, 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, 2008, shall be invalid and void."; and

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

            Representative Hodges offered House Amendment No. 1 to House Amendment 2.

House Amendment No. 1

to

House Amendment No. 2

AMEND House Amendment No. 2 to House Committee Substitute for House Bill Nos. 2040 & 2430, Page 1, Lines 4-5, by deleting all of said lines and inserting in lieu thereof the following:

              "168.710. 1. Beginning in fiscal year 2010 and ending in fiscal year 2015, twenty million dollars shall be distributed to school"; and

              Further amend said amendment, said page, Line 7, by inserting immediately after the word "districts" the following:

              ", subject to appropriation"; and

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

            On motion of Representative Hodges, House Amendment No. 1 to House Amendment No. 2 was adopted.

            Representative Muschany offered House Substitute Amendment No. 1 for House Amendment No. 2, as amended.

House Substitute Amendment No. 1

for

House Amendment No. 2

AMEND House Committee Substitute for House Bill Nos. 2040 & 2430, Section 168.710, Page 36, Line 1, to Page 38, Line 87, by deleting all of said lines and inserting in lieu thereof the following:

              "168.710. 1. Upon an annual appropriation of twenty-five million dollars to be distributed to school districts for a pilot project to recognize excellence in performance by instructional personnel in participating districts as divided under subsections 2 and 3 of this section, the program described in this section shall be in operation, beginning in fiscal year 2010. A district may participate under subsection 2 of this section or may participate under both subsections 2 and 3 of this section.

              2. No more than twenty million dollars per fiscal year shall be used to fund the pilot projects described in this subsection.

              (1) In order to be eligible for funding under this subsection, a school district board shall adopt an excellence award program plan that provides for assessment and an award based on the performance of teachers and students assigned to schools in participating districts. All instructional personnel, as defined by the department through rule, are eligible to receive excellence awards, with the exception of substitute teachers. In order to receive an excellence award under this subsection, instructional personnel shall be assessed on the performance of students assigned to their classrooms or within their academic sphere of responsibility. The district school board may not require instructional personnel to apply for an award, or make any presentation, in order to be assessed for or receive an excellence award. The department of elementary and secondary education may not distribute any portion of prorated funding to a district, if the district chooses not to adopt an excellence award program plan under this section. Undistributed funds shall revert to the fund from which the appropriation was made.

              (2) The assessments used shall be determined by rule of the state board of education, which shall promulgate rules to provide a variety of methods of objective assessment of student learning gains, expertise in subject matter and teaching practice, and professionalism and leadership. Districts shall select from these methods to assemble an assessment plan.

              (3) Each district school board shall inform its employees of the criteria and procedures associated with the school district's excellence award program plan. Upon request, the department shall provide technical assistance to school districts for the purpose of aiding the development of excellence award program plans.

              (4) Award plans shall be structured to provide an award of no less than five percent and no more than ten percent of the individual teacher's salary to the district's top ranking twenty percent of instructional personnel who meet the plan requirements in each participating district's schools at the elementary, middle or junior high school, and high school grade ranges.

              (5) Review of award plans under this subsection shall adhere to the following criteria:

              (a) Each participating district school board shall submit its excellence award program plan to the commissioner of education for review by October first of each year. The plan shall include the district-adopted plan intended for use in the following year. The commissioner shall complete a review of each plan submitted and determine compliance with the requirements of this section by November fifteenth of each year. If a submitted plan fails to meet the requirements of this section, the commissioner shall identify in writing the specific revisions that are required. Revised plans shall be finalized and resubmitted by a school district for the commissioner's review by January thirty-first of each year. The commissioner shall certify qualifying plans to the governor, the president of the senate, and the speaker of the house of representatives by February fifteenth of each year;

              (b) Each district school board shall establish a procedure to review both the assessment and award components of its plan annually in order to determine compliance with this section. After this review and by October first of each year, the district school board shall submit a report to the commissioner of education, along with supporting documentation that will enable the commissioner to verify the district's compliance with this section during the prior school year. The commissioner shall submit a report to the governor, the president of the senate, and the speaker of the house of representatives certifying those school district plans that do not comply with this section or whose plans were not implemented in accordance with this section by December first of each year.

              (6) Any revision to an approved excellence award program plan under this subsection shall be approved by the district school board and reviewed by the commissioner to determine compliance with this section.

              3. No more than five million dollars per fiscal year shall be used to fund the pilot project described in this subsection. The district's award plan under this subsection shall be based on the elements listed below. No district shall be permitted to continue to participate unless it submits its external building evaluation data under opportunity 2 annually to the joint committee on education and annually makes the data available to the school community in conjunction with the information required for annual performance reports. Opportunity 1 shall be an individual award based on the teacher's performance; opportunities 2, 3, and 4 shall be awarded to all teachers assigned to the building.

              (1) Opportunity 1, teacher-controlled variables. An individual teacher may earn two and five-tenths percent of his or her base salary by:

              (a) Submitting a portfolio, which shall include but not be limited to, grade level expectations, a curriculum outline for the year, daily lesson plans, past student work, current student work, discipline plan, and notes for substitute teachers; and

              (b) Achieving a ninety-five percent personal attendance rate.

              (2) Opportunity 2, ground level expectations. Teachers assigned to the building may earn:

              (a) Two and five-tenths percent of their base salaries if the building:

              a. Conducts an external evaluation of the building's performance with anonymous surveys of parents, teachers, administrators and nonteaching staff, and students, which includes:

              i. If a high school building, the creation of a student evaluation council composed of no more than ten percent of the senior class selected at the beginning of the second semester of the senior year from students who have a career grade point average of at least three points on a four-point scale or equivalent, to participate in three meetings with the superintendent, building administrator, and selected faculty to conduct exit interviews and anonymous questionnaires and to be available for a followup on academic preparation and job readiness the year after graduation; or

              ii. If not a high school building, the implementation of an age-appropriate exit-year interview to gather information on school climate and a survey with anonymous questionnaires taken from a random sample of the building's parents, teachers, staff, and students; and

              b. Increases either student attendance or graduation rate by two percentage points over the last year's rate; or

              (b) One percent of their base salaries by maintaining at least ninety-three percent student attendance and a ninety percent graduation rate.

              (3) Opportunity 3, Missouri assessment program scores. Teachers assigned to the building may earn:

              (a) Two and five-tenths percent of their base salaries by increasing the scores on the building's performance index status measure for any two of the mathematics, communication arts, or science assessments by one performance level over the last year; or

              (b) One percent of their base salaries by:

              a. Raising one of the three assessments status measures to the high 1 or high 2 level; or

              b. Maintaining two out of three assessment status measures at the high 1 or high 2 level.

              (4) Opportunity 4, building progress report. Teachers assigned to the building may earn:

              (a) Two and five-tenths percent of their base salaries by scoring "met" on two accreditation performance indicators that had been scored "not met" last year's annual performance report; or

              (b) One percent of their base salaries by scoring "met" on one accreditation performance indicator that was scored "not met" last year or maintaining accreditation with at least twelve of the fourteen performance criteria met for a building with high school grades or six of seven for elementary, middle school or junior high school buildings.

              (5) In order for a district to develop a plan to participate in the excellence award program under this subsection, a majority vote of the certificated teachers of the district shall be required. The department shall create a web-based ballot that permits a district's certificated teachers to vote using a method that requires a unique identifier or other means to ensure validity. Voting shall be a confidential process. The department shall report the district's results to the district.

              4. Each person who qualifies for an award is required to be an employee of the school district in the fiscal year during which award funds are distributed.

              5. Nothing in this section shall be construed to be an element of any school district salary schedule as referred to in subdivision (2) of section 168.110.

              6. The joint committee on education shall review the impact of the excellence award program during fiscal year 2012 and again in fiscal year 2014 and shall make recommendations about the continuation of the program for legislative action prior to the scheduled end of the program under subsection 7 of this section. In its review, the joint committee shall consider information from all stakeholders and may issue a request for proposals from any organization without an interest in the matter to conduct research that it deems necessary.

              7. Pursuant to section 23.253, RSMo, of the Missouri Sunset Act:

              (1) The provisions of the new program authorized under this section shall automatically sunset six years after the effective date of this section unless reauthorized by an act of the general assembly; and

              (2) If such program is reauthorized, the program authorized under this section shall automatically sunset twelve years after the effective date of the reauthorization of this section; and

              (3) This section shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under this section is sunset.

              8. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, 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, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, 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, 2008, shall be invalid and void."; and

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

            Representative Robb offered House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 2, as amended.

House Amendment No. 1

to

House Substitute Amendment No. 1

for

House Amendment No. 2

AMEND House Substitute Amendment No. 1 for House Amendment No. 2 to House Committee Substitute for House Bill Nos. 2040 & 2430, Page 4, Line 29, and Page 5, Lines 1 to 4 of said amendment, by deleting all of said lines; and

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

            On motion of Representative Robb, House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 2, as amended, was adopted by the following vote: