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: