Journal of the House

Second Regular Session, 90th General Assembly

TWENTY-SIXTH DAY, Thursday, February 17, 2000

Speaker Gaw in the Chair.

Prayer by Reverend Rudy Beard.

Lord of Life, these men and women are often bombarded with problems. They deal with issues that are vital, and know the pressure that comes with their calling.

Give them this day, Your peace. Give them this day, a joyful bounce in heart and soul. Give them this day, a calm assurance of what is right and good.

To You be glory and honor. Amen.

The Pledge of Allegiance to the flag was recited.

The Journal of the twenty-fifth day was approved as corrected.

RESOLUTION

Representative Scheve offered House Resolution No. 295.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 296 - Representative Backer

House Resolution No. 297 - Representative Chrismer

House Resolution No. 298 - Representative Linton, et al

House Resolution No. 299 - Representative Riley

House Resolution No. 300 - Representative Akin

House Resolution No. 301 and House Resolution No. 302 - Representative Howerton

House Resolution No. 303 - Representative Myers

House Resolution No. 304 - Representative Hanaway

SECOND READING OF HOUSE JOINT RESOLUTION

HJR 72 was read the second time.

SECOND READING OF HOUSE BILLS

HB 2012 through HB 2027 were read the second time.

SECOND READING OF SENATE BILLS

SB 616, SB 724, SB 734 and SB 810 were read the second time.

THIRD READING OF HOUSE BILLS

HCS HB 1074, relating to water pollution control bonds, was taken up by Representative Relford.

On motion of Representative Relford, HCS HB 1074 was read the third time and passed by the following vote:

AYES: 153

Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Bartle

Bennett Berkowitz Berkstresser Black Blunt

Boatright Bonner Boykins Bray 84 Britt

Burton Campbell Carter Champion Chrismer

Cierpiot Clayton Crawford Crump Curls

Davis 122 Davis 63 Days Dolan Dougherty

Elliott Enz Evans Farnen Fitzwater

Foley Ford Foster Franklin Fraser

Froelker Gambaro Gaskill George Gibbons

Graham 106 Graham 24 Gratz Green Griesheimer

Gross Gunn Hagan-Harrell Hampton Hanaway

Harlan Hartzler 123 Hartzler 124 Hegeman Hendrickson

Hilgemann Hohulin Holand Hollingsworth Hoppe

Hosmer Howerton Kennedy King Kissell

Klindt Koller Kreider Lakin Lawson

Leake Legan Levin Liese Linton

Lograsso Loudon Luetkemeyer Luetkenhaus Marble

May 108 Mays 50 McBride McClelland McKenna

McLuckie Merideth Miller Monaco Murphy

Murray Myers Naeger O'Connor O'Toole

Ostmann Overschmidt Patek Phillips Pouche 30

Pryor Purgason Ransdall Reid Reinhart

Relford Reynolds Richardson Ridgeway Riley

Rizzo Robirds Ross Sallee Scheve

Schilling Schwab Scott Secrest Seigfreid

Selby Shelton Shields Smith Stokan

Summers Surface Thompson Townley Treadway

Troupe Tudor Van Zandt Vogel Wagner

Ward Wiggins Williams 121 Williams 159 Wilson 25

Wilson 42 Wright Mr. Speaker

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 009

Boucher 48 Hickey Kasten Kelley 47 Kelly 27

Long Nordwald Parker Skaggs

VACANCIES: 001

Speaker Gaw declared the bill passed.

On motion of Representative Gratz, title to the bill was agreed to.

Representative Smith moved that the vote by which the bill passed be reconsidered.

Representative Reynolds moved that motion lay on the table.

The latter motion prevailed.

HB 1186, relating to conveyance in Cole County, was taken up by Representative Gratz.

On motion of Representative Gratz, HB 1186 was read the third time and passed by the following vote:

AYES: 150

Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Bartle

Bennett Berkowitz Blunt Boatright Bonner

Boykins Bray 84 Britt Burton Campbell

Carter Champion Chrismer Cierpiot Clayton

Crawford Crump Curls Davis 122 Davis 63

Days Dolan Dougherty Elliott Enz

Evans Farnen Fitzwater Foley Ford

Foster Franklin Fraser Froelker Gambaro

Gaskill George Gibbons Graham 106 Graham 24

Gratz Green Griesheimer Gross Gunn

Hagan-Harrell Hampton Hanaway Harlan Hartzler 123

Hartzler 124 Hegeman Hendrickson Hilgemann Hohulin

Holand Hollingsworth Hoppe Hosmer Howerton

Kelly 27 Kennedy King Kissell Klindt

Koller Kreider Lakin Lawson Leake

Legan Levin Liese Linton Lograsso

Loudon Luetkemeyer Luetkenhaus Marble May 108

Mays 50 McBride McClelland McKenna McLuckie

Merideth Miller Monaco Murphy Murray

Myers Naeger O'Connor O'Toole Ostmann

Overschmidt Phillips Pouche 30 Pryor Purgason

Ransdall Reid Reinhart Relford Richardson

Ridgeway Riley Rizzo Robirds Ross

Sallee Scheve Schilling Schwab Scott

Secrest Seigfreid Selby Shelton Shields

Smith Stokan Summers Surface Thompson

Townley Treadway Troupe Tudor Van Zandt

Vogel Wagner Ward Wiggins Williams 121

Williams 159 Wilson 25 Wilson 42 Wright Mr. Speaker

NOES: 001

Patek

PRESENT: 000

ABSENT WITH LEAVE: 011

Berkstresser Black Boucher 48 Hickey Kasten

Kelley 47 Long Nordwald Parker Reynolds

Skaggs

VACANCIES: 001

Speaker Gaw declared the bill passed.

On motion of Representative Campbell, title to the bill was agreed to.

Representative Auer moved that the vote by which the bill passed be reconsidered.

Representative Davis (122) moved that motion lay on the table.

The latter motion prevailed.

HS HCS HBs 1215 & 1240, relating to computer crime, was taken up by Representative Smith.

On motion of Representative Smith, HS HCS HBs 1215 & 1240 was read the third time and passed by the following vote:

AYES: 142

Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Bennett

Berkowitz Berkstresser Black Blunt Boatright

Bonner Boykins Britt Burton Campbell

Carter Champion Chrismer Cierpiot Clayton

Crawford Crump Curls Davis 122 Davis 63

Days Dolan Dougherty Elliott Enz

Evans Farnen Fitzwater Foley Ford

Foster Franklin Gambaro Gaskill George

Gibbons Graham 106 Graham 24 Gratz Green

Gross Hagan-Harrell Hampton Hanaway Harlan

Hartzler 123 Hartzler 124 Hegeman Hendrickson Hilgemann

Hohulin Holand Hollingsworth Hoppe Hosmer

Howerton Kelly 27 King Kissell Klindt

Koller Kreider Lakin Lawson Leake

Legan Levin Liese Lograsso Loudon

Luetkemeyer Luetkenhaus Marble May 108 Mays 50

McBride McClelland McKenna McLuckie Merideth

Miller Monaco Murray Myers Naeger

O'Connor O'Toole Ostmann Overschmidt Patek

Phillips Pouche 30 Pryor Purgason Ransdall

Reid Relford Reynolds Richardson Ridgeway

Riley Rizzo Robirds Ross Sallee

Scheve Schwab Scott Secrest Seigfreid

Selby Shelton Shields Smith Stokan

Summers Surface Thompson Townley Treadway

Troupe Tudor Van Zandt Vogel Wagner

Ward Wiggins Williams 121 Williams 159 Wilson 42

Wright Mr. Speaker

NOES: 008

Bray 84 Fraser Froelker Griesheimer Gunn

Murphy Schilling Wilson 25

PRESENT: 000

ABSENT WITH LEAVE: 012

Bartle Boucher 48 Hickey Kasten Kelley 47

Kennedy Linton Long Nordwald Parker

Reinhart Skaggs

VACANCIES: 001

Speaker Gaw declared the bill passed.

On motion of Representative Hagan-Harrell, title to the bill was agreed to.

Representative Green moved that the vote by which the bill passed be reconsidered.

Representative Hosmer moved that motion lay on the table.

The latter motion prevailed.

HB 1452, relating to taxation, was taken up by Representative Foley.

On motion of Representative Foley, HB 1452 was read the third time and passed by the following vote:

AYES: 154

Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Bartle

Bennett Berkowitz Berkstresser Black Blunt

Boatright Bonner Boykins Bray 84 Britt

Burton Campbell Carter Champion Chrismer

Cierpiot Clayton Crawford Crump Curls

Davis 122 Davis 63 Days Dolan Dougherty

Elliott Enz Evans Farnen Fitzwater

Foley Ford Foster Franklin Fraser

Froelker Gambaro Gaskill George Gibbons

Graham 106 Graham 24 Gratz Green Griesheimer

Gross Gunn Hagan-Harrell Hampton Hanaway

Harlan Hartzler 123 Hartzler 124 Hegeman Hendrickson

Hilgemann Hohulin Holand Hollingsworth Hoppe

Hosmer Howerton Kelly 27 Kennedy King

Kissell Klindt Koller Kreider Lakin

Lawson Leake Legan Levin Liese

Linton Lograsso Loudon Luetkemeyer Luetkenhaus

Marble May 108 Mays 50 McBride McClelland

McKenna McLuckie Merideth Miller Monaco

Murphy Murray Myers Naeger O'Connor

O'Toole Ostmann Overschmidt Patek Phillips

Pouche 30 Pryor Purgason Ransdall Reid

Reinhart Relford Reynolds Richardson Ridgeway

Riley Rizzo Robirds Ross Sallee

Scheve Schilling Schwab Scott Secrest

Seigfreid Selby Shelton Shields Smith

Stokan Summers Surface Thompson Townley

Treadway Troupe Tudor Van Zandt Vogel

Wagner Ward Wiggins Williams 121 Williams 159

Wilson 25 Wilson 42 Wright Mr. Speaker

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 008

Boucher 48 Hickey Kasten Kelley 47 Long

Nordwald Parker Skaggs

VACANCIES: 001

Speaker Gaw declared the bill passed.

On motion of Representative Dougherty, title to the bill was agreed to.

Representative Fitzwater moved that the vote by which the bill passed be reconsidered.

Representative Overschmidt moved that motion lay on the table.

The latter motion prevailed.

PERFECTION OF HOUSE BILL

HCS HB 1742, with HS, as amended, pending, relating to transportation bonds, was taken up by Representative Koller.

Representative Pryor offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Committee Substitute for House Bill No. 1742, Page 1, Section A, Line 10 of said page, by inserting after all of said line the following:

"226.132. Sections 226.133 and 226.134 are intended as an initial step to address pressing needs relating to the construction and maintenance of roads and bridges in this state. The general assembly recognizes the need for a more comprehensive solution to the needs and problems of Missouri's multi-modal transportation system. Sections 226.133 and 226.134 are not intended to preclude such a comprehensive solution in future years."; and

Further amend said title, enacting clause and intersectional references accordingly.

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

Representative Ostmann offered House Amendment No. 7.

House Amendment No. 7

AMEND House Substitute for House Committee Substitute for House Bill No. 1742, Page 1, Section A, Line 10 of said page, by inserting after all of said line the following:

"142.345. 1. There is created the "Motor Fuel Tax Fund". All revenues derived from the motor fuel tax imposed upon highway users as an incident to their use of the highways of the state shall be deposited in the state treasury to the credit of this fund.

2. The moneys deposited to the credit of the motor fuel tax fund shall be disbursed or transferred as follows:

(1) The amount of the tax collected with respect to fuel not used for propelling motor vehicles on state highways shall be transferred to the state highways and transportation department fund to be refunded by the state as provided by law;

(2) The amount of actual costs of collection, apportionment and of making refunds shall be transferred to the state highways and transportation department fund for reimbursement by appropriation, to the agencies or departments of government incurring these costs, subject to the limitations of section 226.200, RSMo;

(3) A percentage of the net proceeds shall be transferred to the county aid road trust fund as provided in article IV, section 30(a) of the state constitution;

(4) A percentage of the net proceeds shall be allocated to the several cities, towns and villages entitled thereto [under] pursuant to the provisions of article IV, section 30(a) of the state constitution;

(5) All the remaining net proceeds in excess of the allocations to counties and cities, towns and villages shall be transferred to the state highways and transportation department fund."; and

Further amend said bill, Page 3, Section 226.134, Line 3, by inserting after all of said line the following:

"226.200. 1. There is hereby created a "State Highways and Transportation Department Fund" into which shall be paid or transferred all state revenue derived from highway users as an incident to their use or right to use the highways of the state, including all state license fees and taxes upon motor vehicles, trailers, and motor vehicle fuels, and upon, with respect to, or on the privilege of the manufacture, receipt, storage, distribution, sale or use thereof (excepting the sales tax on motor vehicles and trailers, and all property taxes), and all other revenue received or held for expenditure by or under the department of transportation or the state highways and transportation commission, except:

(1) Money arising from the sale of bonds;

(2) Money received from the United States government; or

(3) Money received for some particular use or uses other than for the payment of principal and interest on outstanding state road bonds.

2. Subject to the limitations of subsections 3[,] and 4 [and 5] of this section, from [said] the fund shall be paid or credited the cost:

(1) Of collection of all [said] state revenue derived from highway users as an incident to their use or right to use the highways of the state;

(2) Of maintaining the state highways and transportation commission;

(3) Of maintaining the state transportation department;

(4) Of any workers' compensation for state transportation department employees;

(5) Of the share of the transportation department in any retirement program for state employees, only as may be provided by law; and

(6) Of administering and enforcing any state motor vehicle laws or traffic regulations.

3. [For fiscal years prior to fiscal year 1993, the state highways and transportation department fund shall be reimbursed annually in an amount equal to the difference between the expenses incurred by state offices and departments for the purposes specified in sections 30(a) and 30(b) of article IV of the constitution and the total amount appropriated from the state highways and transportation department fund for fiscal year 1987 to such state offices and departments.

4. For fiscal year 1993, the state highways and transportation department fund shall be reimbursed on or before July 1, 1994, in an amount equal to the difference between the expenses incurred by state offices and departments during fiscal year 1993 for the purposes specified in sections 30(a) and 30(b) of article IV of the constitution and the total amount appropriated from the state highways and transportation department fund for fiscal year 1987 to such state offices and departments as adjusted under this subsection. For the purposes of calculating any reimbursement for fiscal year 1993, the total amount appropriated to such state offices and departments during fiscal year 1987 shall be increased or decreased by the percentage by which the total state revenues paid or transferred into the fund under subsection 1 of this section during fiscal year 1993 differs from the total state revenues paid or transferred into the fund during fiscal year 1992.

5.] For fiscal year [1994] 2001 and for each fiscal year thereafter, the state highways and transportation department fund shall be reimbursed on or before the first day of the second succeeding fiscal year in an amount equal to the difference between the expenses incurred by state offices and departments during such fiscal year for the purposes specified in sections 30(a) and 30(b) of article IV of the constitution subject to the limitations of subsection 4 of this section, and the total amount appropriated from the state highways and transportation department fund for the preceding fiscal year to such state offices and departments as adjusted [under] pursuant to this subsection and subsection 4 of this section.

4. For the purposes of calculating any reimbursement [under this] pursuant to subsection 3 of this section, the total amount appropriated to such state offices and departments during the previous fiscal year shall be increased or decreased by the percentage by which the total state revenues paid or transferred into the fund [under] pursuant to subsection 1 of this section during such fiscal year exceeds the total state revenues paid or transferred into the fund during the preceding fiscal year; provided that, for fiscal years after 2001, the amount appropriated to any state office or department shall not exceed the amount appropriated to such office or department in fiscal year 2001.

[6.] 5. The provisions of subsections 3[,] and 4 [and 5] of this section shall not apply to appropriations from the fund to the highways and transportation commission and the state transportation department [or to appropriations to the department of revenue for motor vehicle fuel tax refunds under chapter 142, RSMo,] or to appropriations to the department of revenue for refunds or overpayments or erroneous payments from the state highways and transportation department fund.

[7.] 6. All interest earned upon the state highways and transportation department fund shall be deposited in and to the credit of such fund and shall be included in the calculation of total state revenues [under] pursuant to subsections [4 and 5] 3 and 4 of this section.

[8.] 7. Any balance remaining in [said] the fund after payment of [said] the costs described in this section shall be transferred to the state road bond and interest sinking fund.

[9.] 8. Notwithstanding the provisions of subsection 2 of this section to the contrary, any funds raised as a result of increased taxation pursuant to sections 142.025 and 142.372, RSMo, [after April 1, 1992,] shall not be used for administrative purposes or administrative expenses of the transportation department."; and

Further amend said title, enacting clause and intersectional references accordingly.

Representative Koller offered House Substitute Amendment No. 1 for House Amendment No. 7.

House Substitute Amendment No. 1

for

House Amendment No. 7

AMEND House Substitute for House Committee Substitute for House Bill No. 1742, Page 1, Section A, Line 10 of said page, by inserting after all of said line the following:

2. The moneys deposited to the credit of the motor fuel tax fund shall be disbursed or transferred as follows:

(3) A percentage of the net proceeds shall be transferred to the county aid road trust fund as provided in article IV, section 30(a) of the state constitution;

(5) All the remaining net proceeds in excess of the allocations to counties and cities, towns and villages shall be transferred to the state highways and transportation department fund."; and

Further amend said bill, Page 5, Section 226.134, Line 21, by inserting after all of said line the following:

(1) Money arising from the sale of bonds;

(2) Money received from the United States government; or

(3) Money received for some particular use or uses other than for the payment of principal and interest on outstanding state road bonds.

2. Subject to the limitations of subsections 3[,] and 4 [and 5] of this section, from [said] the fund shall be paid or credited the cost:

(1) Of collection of all [said] state revenue derived from highway users as an incident to their use or right to use the highways of the state;

(2) Of maintaining the state highways and transportation commission;

(3) Of maintaining the state transportation department;

(4) Of any workers' compensation for state transportation department employees;

(5) Of the share of the transportation department in any retirement program for state employees, only as may be provided by law; and

(6) Of administering and enforcing any state motor vehicle laws or traffic regulations.

5. (1) For each fiscal year after 2001, the difference between the maximum amount of money which could have been appropriated pursuant to subsection 4 of this section but for the cap contained therein and the amount of money actually appropriated not to exceed fifteen million dollars per fiscal year shall, subject to plan approval pursuant to subdivision (3) of this subsection, be distributed to the state highways and transportation commission for use for public transit purposes as follows: one-third to each of the two federally designated transportation management areas in this state, to be divided equally between the two areas, and one-third to the remaining areas of the state;

(2) Any amount of the difference, as calculated pursuant to subdivision (1) of this subsection, which is in excess of fifteen million dollars for any given fiscal year shall, subject to appropriation, be placed in the "Public Transit Fund", which is hereby created in the state treasury and shall consist of all moneys appropriated thereto pursuant to this subsection. The fund shall be administered by the state treasurer. All moneys in the fund in a given fiscal year shall be used solely for public transit purposes, as provided in this subsection, in succeeding fiscal years and shall be included in the fifteen million dollar limit for each succeeding fiscal year. Notwithstanding the provisions of section 33.080, RSMo, no portion of the fund shall be transferred to the general revenue fund, and no appropriation to the fund shall lapse. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Interest and moneys earned on such investments shall be credited to the fund;

(3) To obtain funding for public transit purposes for a given fiscal year pursuant to subdivision (1) of this subsection, the state highways and transportation commission shall present to the general assembly a proposed public transit plan and an analysis demonstrating the feasibility and appropriateness thereof and shall request the general assembly to appropriate money in an amount not to exceed fifteen million dollars for the fiscal year as is necessary to implement the plan. To approve a public transit plan submitted by the state highways and transportation commission, the general assembly shall adopt a concurrent resolution approving such plan and shall appropriate moneys in an amount deemed necessary to implement such plan. The highways and transportation commission shall annually present to the general assembly a report regarding the implementation of any approved public transit plans;

(4) If, within sixty calendar days of the regular session immediately preceding the start of the fiscal year for which funds are sought for public transit purposes, the general assembly fails to approve a public transit plan submitted by the state highways and transportation commission, then the general assembly shall appropriate money in an amount equal to the difference calculated in subdivision (1) of this subsection to the public transit fund created in subdivision (2) of this subsection.

6. The provisions of subsections 3[,] and 4 [and 5] of this section shall not apply to appropriations from the fund to the highways and transportation commission and the state transportation department [or to appropriations to the department of revenue for motor vehicle fuel tax refunds under chapter 142, RSMo,] or to appropriations to the department of revenue for refunds or overpayments or erroneous payments from the state highways and transportation department fund.

7. All interest earned upon the state highways and transportation department fund shall be deposited in and to the credit of such fund and shall be included in the calculation of total state revenues [under] pursuant to subsections [4 and 5] 3 and 4 of this section.

8. Any balance remaining in [said] the fund after payment of [said] the costs described in this section shall be transferred to the state road bond and interest sinking fund.

9. Notwithstanding the provisions of subsection 2 of this section to the contrary, any funds raised as a result of increased taxation pursuant to sections 142.025 and 142.372, RSMo, [after April 1, 1992,] shall not be used for administrative purposes or administrative expenses of the transportation department."; and

Further amend said title, enacting clause and intersectional references accordingly.

Representative Shields requested a division of the question.

House Substitute Amendment No. 1

for

House Amendment No. 7

PART I

AMEND House Substitute for House Committee Substitute for House Bill No. 1742, Page 1, Section A, Line 10 of said page, by inserting after all of said line the following:

2. The moneys deposited to the credit of the motor fuel tax fund shall be disbursed or transferred as follows:

(3) A percentage of the net proceeds shall be transferred to the county aid road trust fund as provided in article IV, section 30(a) of the state constitution;

(5) All the remaining net proceeds in excess of the allocations to counties and cities, towns and villages shall be transferred to the state highways and transportation department fund."; and

Further amend said bill, Page 5, Section 226.134, Line 21, by inserting after all of said line the following:

(1) Money arising from the sale of bonds;

(2) Money received from the United States government; or

(3) Money received for some particular use or uses other than for the payment of principal and interest on outstanding state road bonds.

2. Subject to the limitations of subsections 3[,] and 4 [and 5] of this section, from [said] the fund shall be paid or credited the cost:

(1) Of collection of all [said] state revenue derived from highway users as an incident to their use or right to use the highways of the state;

(2) Of maintaining the state highways and transportation commission;

(3) Of maintaining the state transportation department;

(4) Of any workers' compensation for state transportation department employees;

(5) Of the share of the transportation department in any retirement program for state employees, only as may be provided by law; and

(6) Of administering and enforcing any state motor vehicle laws or traffic regulations.

5.] For fiscal year [1994] 2001 and for each fiscal year thereafter, the state highways and transportation department fund shall be reimbursed on or before the first day of the second succeeding fiscal year in an amount equal to the difference between the expenses incurred by state offices and departments during such fiscal year for the purposes specified in sections 30(a) and 30(b) of article IV of the constitution subject to the limitations of subsection 4 of this section. and the total amount appropriated from the state highways and transportation department fund for the preceding fiscal year to such state offices and departments as adjusted [under] pursuant to this subsection and subsection 4 of this section.

On motion of Representative Koller, Part I of House Substitute Amendment No. 1 for House Amendment No. 7 was adopted by the following vote:

AYES: 142

Akin Alter Backer Ballard Barnett

Bartelsmeyer Bartle Bennett Berkowitz Berkstresser

Black Blunt Boatright Bonner Boykins

Britt Burton Campbell Champion Chrismer

Cierpiot Clayton Crawford Crump Curls

Davis 122 Davis 63 Days Dolan Dougherty

Elliott Enz Evans Farnen Fitzwater

Foley Foster Franklin Fraser Froelker

Gambaro Gaskill George Gibbons Graham 106

Graham 24 Gratz Green Griesheimer Gross

Gunn Hagan-Harrell Hampton Hanaway Harlan

Hartzler 123 Hartzler 124 Hegeman Hendrickson Hilgemann

Hohulin Holand Hollingsworth Hoppe Hosmer

Kelly 27 Kennedy King Kissell Klindt

Koller Kreider Lakin Lawson Leake

Legan Levin Liese Linton Lograsso

Loudon Luetkemeyer Luetkenhaus Marble May 108

Mays 50 McBride McClelland McKenna McLuckie

Merideth Miller Monaco Murphy Murray

Myers Naeger O'Connor O'Toole Ostmann

Overschmidt Patek Phillips Pryor Purgason

Ransdall Reid Reinhart Relford Reynolds

Ridgeway Riley Rizzo Robirds Ross

Sallee Scheve Schilling Schwab Scott

Secrest Seigfreid Selby Shelton Shields

Smith Stokan Summers Thompson Townley

Treadway Tudor Van Zandt Vogel Wagner

Ward Wiggins Williams 159 Wilson 25 Wilson 42

Wright Mr. Speaker

NOES: 003

Auer Bray 84 Carter

PRESENT: 000

ABSENT WITH LEAVE: 017

Abel Barry 100 Boucher 48 Ford Hickey

Howerton Kasten Kelley 47 Long Nordwald

Parker Pouche 30 Richardson Skaggs Surface

Troupe Williams 121

VACANCIES: 001

House Substitute Amendment No. 1

for

House Amendment No. 7

PART II

AMEND House Substitute for House Committee Substitute for House Bill No. 1742, Page 1, Section A, Line 10 of said page, by inserting after all of said line the following:

8. Any balance remaining in [said] the fund after payment of [said] the costs described in this section shall be transferred to the state road bond and interest sinking fund.

Further amend said title, enacting clause and intersectional references accordingly.

Representative Koller moved that Part II of House Substitute Amendment No. 1 for House Amendment No. 7 be adopted.

Which motion was defeated.

Representative Pryor offered House Amendment No. 8.

Representative Auer raised a point of order that House Amendment No. 8 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Koller offered House Amendment No. 8.

House Amendment No. 8

AMEND House Substitute for House Committee Substitute for House Bill No. 1742, Page 1, Section A, Line 10, by inserting immediately following the text of Part I of House Substitute Amendment No. 1 for House Amendment No. 7 the following:

"6. The provisions of subsection 3 [,] and 4 [and 5] of this section shall not apply to appropriations from the fund to the highways and transportation commission and the state transportation department [or to appropriations to the department of revenue for motor vehicle fuel tax refunds under chapter 142, RSMo,] or to appropriations to the department of revenue for refunds or overpayments or erroneous payments from the state highways and transportation department fund.

8. Any balance remaining in [said] the fund after payment of [said] the costs described in this section shall be transferred to the state road bond and interest sinking fund.

Further amend said title, enacting clause and intersectional references accordingly.

Representative Patek raised a point of order that House Amendment No. 8 goes beyond the scope of the bill.

The Chair ruled the point of order not well taken.

On motion of Representative Koller, House Amendment No. 8 was adopted.

On motion of Representative Koller, HS HCS HB 1742, as amended, was adopted.

On motion of Representative Koller, HS HCS HB 1742, as amended, was ordered perfected and printed.

REFERRAL OF HOUSE RESOLUTIONS

The following House Resolutions were referred to the Committee indicated:

HR 33 - Miscellaneous Bills and Resolutions

HR 91 - Miscellaneous Bills and Resolutions

HR 169 - Miscellaneous Bills and Resolutions

HR 172 - Miscellaneous Bills and Resolutions

HR 173 - Miscellaneous Bills and Resolutions

HR 199 - Miscellaneous Bills and Resolutions

HR 200 - Miscellaneous Bills and Resolutions

REFERRAL OF HOUSE CONCURRENT RESOLUTIONS

The following House Concurrent Resolutions were referred to the Committee indicated:

HCR 15 - Fiscal Review

HCR 16 - Miscellaneous Bills and Resolutions

REFERRAL OF HOUSE JOINT RESOLUTIONS

The following House Joint Resolutions were referred to the Committee indicated:

HJR 65 - Missouri Tobacco Settlement

HJR 66 - Transportation

HJR 67 - Transportation

HJR 68 - Transportation

HJR 69 - State Parks, Natural Resources and Mining

HJR 70 - Missouri Tobacco Settlement

HJR 71 - Miscellaneous Bills and Resolutions

REFERRAL OF HOUSE BILLS

The following House Bills were referred to the Committee indicated:

HB 1811 - Agriculture

HB 1901 - Ways and Means

HB 1902 - Commerce

HB 1904 - Civil and Administrative Law

HB 1905 - Ways and Means

HB 1906 - Criminal Law

HB 1907 - Civil and Administrative Law

HB 1908 - Federal-State Relations and Veterans Affairs

HB 1909 - Labor

HB 1910 - Social Services, Medicaid and the Elderly

HB 1911 - Public Health

HB 1912 - Social Services, Medicaid and the Elderly

HB 1913 - Environment and Energy

HB 1914 - Retirement

HB 1915 - Municipal Corporations

HB 1916 - Education - Higher

HB 1917 - Correctional and State Institutions

HB 1918 - Correctional and State Institutions

HB 1919 - Children, Youth and Families

HB 1920 - Criminal Law

HB 1921 - Ways and Means

HB 1922 - Transportation

HB 1923 - Federal-State Relations and Veterans Affairs

HB 1924 - State Parks, Natural Resources and Mining

HB 1925 - Commerce

HB 1926 - Agriculture

HB 1927 - Environment and Energy

HB 1928 - Correctional and State Institutions

HB 1929 - Civil and Administrative Law

HB 1930 - Local Government and Related Matters

HB 1931 - Local Government and Related Matters

HB 1933 - Ways and Means

HB 1934 - Critical Issues

HB 1936 - Elections

HB 1937 - Judiciary

HB 1938 - Ways and Means

HB 1939 - Local Government and Related Matters

HB 1940 - Critical Issues

HB 1941 - Governmental Organization and Review

HB 1943 - Children, Youth and Families

HB 1944 - Motor Vehicle and Traffic Regulations

HB 1945 - Commerce

HB 1946 - Children, Youth and Families

HB 1947 - Public Health

HB 1948 - Transportation

HB 1949 - Public Safety and Law Enforcement

HB 1950 - Ways and Means

HB 1951 - Transportation

HB 1952 - Civil and Administrative Law

HB 1953 - Motor Vehicle and Traffic Regulations

HB 1954 - Critical Issues

HB 1955 - Retirement

HB 1956 - Ways and Means

HB 1957 - Education - Elementary and Secondary

HB 1958 - Education - Elementary and Secondary

HB 1959 - Criminal Law

HB 1960 - Ways and Means

HB 1962 - Children, Youth and Families

HB 1963 - Ways and Means

HB 1964 - Labor

HB 1965 - Ways and Means

HB 1966 - Criminal Law

HB 1967 - Local Government and Related Matters

HB 1968 - Judiciary

HB 1969 - Motor Vehicle and Traffic Regulations

HB 1970 - Transportation

HB 1971 - Ways and Means

HB 1972 - Transportation

HB 1973 - Criminal Law

HB 1974 - Ways and Means

HB 1975 - Local Government and Related Matters

HB 1976 - Social Services, Medicaid and the Elderly

HB 1977 - Missouri Tobacco Settlement

HB 1978 - Judiciary

HB 1979 - Local Government and Related Matters

HB 1980 - Education - Higher

HB 1981 - Civil and Administrative Law

HB 1982 - Critical Issues

HB 1983 - Ways and Means

HB 1984 - Motor Vehicle and Traffic Regulations

HB 1985 - Civil and Administrative Law

HB 1986 - Elections

HB 1987 - Public Safety and Law Enforcement

HB 1988 - Labor

HB 1989 - Transportation

HB 1990 - Local Government and Related Matters

HB 1991 - Public Safety and Law Enforcement

HB 1992 - Ways and Means

HB 1993 - Education - Elementary and Secondary

HB 1994 - Judiciary

HB 1995 - Criminal Law

HB 1996 - Retirement

HB 1997 - Civil and Administrative Law

RE-REFERRAL OF HOUSE BILL

The following House Bill was re-referred to the Committee indicated:

HB 1564 - Miscellaneous Bills and Resolutions

COMMITTEE REPORTS

Committee on Children, Youth and Families, Chairman Dougherty reporting:

Mr. Speaker: Your Committee on Children, Youth and Families, to which was referred HB 1677, HB 1675 and HB 1676, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Civil and Administrative Law, Chairman Smith reporting:

Mr. Speaker: Your Committee on Civil and Administrative Law, to which was referred HB 1472, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Civil and Administrative Law, to which was referred HB 1481, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Mr. Speaker: Your Committee on Civil and Administrative Law, to which was referred HB 1509, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Civil and Administrative Law, to which was referred HB 1544, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Civil and Administrative Law, to which was referred HB 1546, begs leave to report it has examined the same and recommends that it Do Pass.

Committee on Commerce, Chairman Rizzo reporting:

Mr. Speaker: Your Committee on Commerce, to which was referred HB 1706, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Correctional and State Institutions, Chairman Gratz reporting:

Mr. Speaker: Your Committee on Correctional and State Institutions, to which was referred HB 1604, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Critical Issues, Chairman Harlan reporting:

Mr. Speaker: Your Committee on Critical Issues, to which was referred HB 1386 and HB 1086, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Mr. Speaker: Your Committee on Critical Issues, to which was referred HB 1932, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Judiciary, Chairman May (108) reporting:

Mr. Speaker: Your Committee on Judiciary, to which was referred HB 1280, begs leave to report it has examined the same and recommends that it Do Pass.

Committee on Local Government and Related Matters, Chairman Hoppe reporting:

Mr. Speaker: Your Committee on Local Government and Related Matters, to which was referred HB 1238, begs leave to report it has examined the same and recommends that it Do Pass.

Committee on Professional Registration and Licensing, Chairman Treadway reporting:

Mr. Speaker: Your Committee on Professional Registration and Licensing, to which was referred HB 1242, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Mr. Speaker: Your Committee on Professional Registration and Licensing, to which was referred HB 1591, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Professional Registration and Licensing, to which was referred HB 1685, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Transportation, Chairman Koller reporting:

Mr. Speaker: Your Committee on Transportation, to which was referred HCR 17, begs leave to report it has examined the same and recommends that it Do Pass.

House Concurrent Resolution No. 17

WHEREAS, Derrick Thomas' immense talent on the football field was matched by his caring and generous spirit in the Kansas City community; and

WHEREAS, in his eleven year career as a Kansas City Chief, Derrick Thomas established himself as one of the NFL's most dominant defensive players and feared pass rushers, and firmly etched his place in history as one of the Kansas City Chiefs best linebackers; and

WHEREAS, Derrick Thomas made nine Pro Bowl appearances, the most of any player in the illustrious history of the Kansas City Chiefs; established team career records for sacks, safeties and fumble recoveries during his career; and his twenty sacks in 1990 set a Chiefs single-season mark, with his seven-sack game in 1990 setting an NFL single-game record; and

WHEREAS, Derrick Thomas was named the Chiefs Most Valuable Player following the 1991 and 1994 seasons, won the 1994 Genuine Heroes Award and received the league's two most prestigious humanitarian awards: the 1993 NFL Man of the Year and the 1995 Byron "Whizzer" White Humanitarian Award for service to team, community and country; and

WHEREAS, as the son of an Air Force Captain, Derrick Thomas was five years old when his father's plane was shot down while it was returning from a mission in Vietnam on December 17, 1972. With his father declared legally dead in 1980 as a Vietnam MIA, Derrick Thomas had a special relationship with veterans. He delivered the keynote address at the Vietnam Veterans Memorial during the Memorial Day ceremony in 1993 and volunteered regularly at Kansas City's veterans' hospital; and

WHEREAS, the notable achievements of Derrick Thomas off the football field were equally remarkable to his achievements on the football field. Derrick started an inner-city reading program with his "Third and Long Foundation" ten years ago and as its founder read to children at local libraries each home Saturday during football season; he was the Kansas City Chief's United Way spokesperson; and he was designated by former President George Bush as the "832nd point of light" in the President's Thousand Points of Light campaign:

NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninetieth General Assembly, Second Regular Session, the Senate concurring therein, do hereby instruct the State Highways and Transportation Commission and the Department of Transportation to take action immediately to name a section of Interstate 70 from Blue Ridge Cut Off at the George Brett Bridge on the west to Highway 291on the east, the "Derrick Thomas Memorial Highway".

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the State Highways and Transportation Commission and the director of the Department of Transportation.

INTRODUCTION OF HOUSE BILLS

The following House Bills were read the first time and copies ordered printed:

HB 2028, introduced by Representatives Reinhart, Ridgeway and Pouche, et al, relating to the retention of family court commissioners and judges.

HB 2029, introduced by Representative Wright, to authorize the conveyance of certain properties by Southwest Missouri State University.

HB 2030, introduced by Representative Long, relating to the licensing of electricians and plumbers by certain municipalities.

HB 2031, introduced by Representative Long, relating to certain expenditures of public funds.

HB 2032, introduced by Representative Monaco, relating to physician assistants.

HB 2033, introduced by Representative Hoppe, for the sole purpose of regulating persons and entities providing ambulance services.

HB 2034, introduced by Representative Barnett, relating to notice of motor vehicle registration.

HB 2035, introduced by Representatives Kennedy, Barry, Chrismer, Luetkenhaus, Burton, Murray, Cierpiot, Davis (63), Selby and Reid, et al, relating to tax relief for certain charitable contributions.

HB 2036, introduced by Representatives Foley and Rizzo, relating to tax credits for investments in Missouri small businesses.

HB 2037, introduced by Representatives Barnett, Koller, Klindt, Gaw, Hosmer, Hegeman and Summers, et al, relating to appropriations to state departments.

HB 2038, introduced by Representatives Bartle and Kelley (47), relating to the school building revolving fund.

HB 2039, introduced by Representative Wiggins, relating to weights and measures.

HB 2040, introduced by Representative Berkstresser, relating to reimbursement of expenses in condemnation and inverse condemnation proceedings.

HB 2041, introduced by Representative Loudon, relating to the construction and interpretation of employment security law.

HB 2042, introduced by Representatives Gaskill, Robirds and Merideth, et al, relating to beverage container control.

HB 2043, introduced by Representative Chrismer, relating to pharmacies and pharmacists.

HB 2044, introduced by Representatives Gaw, Farnen, Ridgeway and Reinhart, relating to a spinal cord injury grant program.

HB 2045, introduced by Representative Kennedy, relating to the state lottery.

COMMITTEE CHANGES

The Speaker submitted the following Committee changes:

Representative Scheve is no longer a member of the Joint Committee on Gaming and Wagering.

Representative Murray is no longer a member of the Governmental Organization and Review Committee.

Representative Boykins is no longer a member of the Criminal Law Committee.

Representative Murray has been appointed House Chair of the Joint Committee on Gaming and Wagering.

Representative Barry has been appointed Chair of the Governmental Organization and Review Committee.

The following member's presence was noted: Parker.

ADJOURNMENT

On motion of Representative Foley, the House adjourned until 4:00 p.m., Monday, February 21, 2000.

CORRECTIONS TO THE HOUSE JOURNAL

Correct House Journal, Twenty-fifth Day, Wednesday, February 16, 2000, pages 304 and 305, roll call, by showing Representative Akin voting "aye" rather than "absent with leave".

Pages 304 and 305, roll call, by showing Representative Richardson voting "no" rather than "absent with leave".

COMMITTEE MEETINGS

APPROPRIATIONS - SOCIAL SERVICES AND CORRECTIONS

Tuesday, February 22, 2000. Hearing Room 3 upon adjournment.

Mark-up Dept. of Social Services, Dept. of Corrections.

BANKS AND FINANCIAL INSTITUTIONS

Tuesday, February 22, 2000, 9:30 am. Side gallery.

To be considered - HB 1942

BUDGET

Monday, February 21, 2000, 1:00 pm. Hearing Room 3.

To be considered - HB 1101, HB 1104, HB 1105, HB 1112

BUDGET

Tuesday, February 22, 2000, 8:30 am. Hearing Room 3.

To be considered - HB 1105, HB 1106, HB 1112

CHILDREN, YOUTH AND FAMILIES

Wednesday, February 23, 2000, 7:30 pm. Hearing Room 6.

Possible Executive Session.

To be considered - HB 1324, HB 1436, HB 1520, HB 1551, HB 1678, HB 1865, HCR 7

CIVIL AND ADMINISTRATIVE LAW

Wednesday, February 23, 2000, 3:00 pm. Hearing Room 1.

To be considered - HB 1671, HB 1718, HB 1798, HB 1858, HB 1897, Executive Session - HB 1153, Executive Session - HB 1502, Executive Session - HB 1543, Executive Session - HB 1703, Executive Session - HB 1770

COMMERCE

Monday, February 21, 2000. Side gallery upon evening adjournment.

To be considered - Executive Session - HB 1547

CONSUMER PROTECTION

Tuesday, February 22, 2000, 8:00 pm. Hearing Room 1.

Possible Executive Session to follow.

To be considered - HB 1496, HB 1869, HB 1877, HB 1894

CORRECTIONAL AND STATE INSTITUTIONS

Tuesday, February 22, 2000, 8:00 pm. Hearing Room 7.

Executive Session may follow.

To be considered - HB 1800, HB 1814

CRITICAL ISSUES

Monday, February 21, 2000, 8:00 pm. Hearing Room 3.

To be considered - HB 1459, HB 1649, HB 1747, HB 1835

EDUCATION - ELEMENTARY AND SECONDARY

Tuesday, February 22, 2000, 3:00 pm. Hearing Room 3.

To be considered - HB 1255, HB 1469, HB 1553, HB 1614, HB 1702, HB 1713, HB 1860, HB 1873

EDUCATION - HIGHER

Monday, February 21, 2000. Side gallery upon adjournment.

To be considered - Executive Session - HB 1475, Executive Session - HB 1578

ELECTIONS

Tuesday, February 22, 2000, 8:00 pm. Hearing Room 5.

Discussion on HEC 1 and HEC 2.

To be considered - HB 1636, HB 1637, HB 1872

FEDERAL - STATE RELATIONS AND VETERANS AFFAIRS

Monday, February 21, 2000, 8:00 pm. Hearing Room 1.

Executive Session may follow.

To be considered - HB 1908, HB 1923

FISCAL REVIEW

Monday, February 21, 2000, 2:30 pm. Hearing Room 5.

Executive Session.

To be considered - HB 1510, HJR 64

INSURANCE

Tuesday, February 22, 2000, 8:00 am. Hearing Room 5.

Executive Session may follow.

To be considered - HB 1485, HB 1596, HB 1802

INTERIM JOINT COMMITTEE ON CAPITOL SPACE

Monday, February 21, 2000, 1:30 pm. Senator DePasco's Office - Room 321.

Issues regarding Capitol Space. CORRECTED NOTICE.

JUDICIARY

Tuesday, February 22, 2000, 3:00 pm. Hearing Room 5.

Executive Session may follow.

To be considered - HB 1477, HB 1507, HB 1548, HB 1688, HB 1809

MOTOR VEHICLE AND TRAFFIC REGULATIONS

Tuesday, February 22, 2000, 3:00 pm. Hearing Room 1.

To be considered - HB 1250, HB 1251, HB 1347, HB 1427, HB 1715, HB 1767, HB 1783

PUBLIC SAFETY AND LAW ENFORCEMENT

Tuesday, February 22, 2000, 8:30 am. Hearing Room 6.

Executive Session will follow.

To be considered - HB 1665, HB 1696, HB 1889

SOCIAL SERVICES, MEDICAID AND THE ELDERLY

Tuesday, February 22, 2000, 7:30 pm. Hearing Room 6.

Possible Executive Session to follow.

To be considered - HB 1817, HB 1871

SUBCOMMITTEE ON AGRICULTURE MARKETING - AGRI-BUSINESS

Tuesday, February 22, 2000, 3:00 pm. Hearing Room 2A & 2B.

SUBCOMMITTEE ON APPROPRIATIONS - SOCIAL SERVICES & CORRECTIONS - AGING

Monday, February 21, 2000, 2:00 pm. Hearing Room 7.

TOURISM, RECREATION AND CULTURAL AFFAIRS

Monday, February 21, 2000, 8:00 pm. Hearing Room 7.

Executive Session may follow.

To be considered - HB 1340, HB 1825

WAYS AND MEANS

Tuesday, February 22, 2000, 3:00 pm. Hearing Room 7.

Executive Session possible.

To be considered - HB 1069, HB 1159, HB 1167, HB 1209, HB 1272, HB 1273,

HB 1274, HB 1304, HB 1445, HB 1735

HOUSE CALENDAR

TWENTY-SEVENTH DAY, MONDAY, FEBRUARY 21, 2000

HOUSE BILLS FOR SECOND READING

HB 2028 through HB 2045

HOUSE JOINT RESOLUTION FOR PERFECTION

HCS HJR 61 - Van Zandt

HOUSE BILLS FOR PERFECTION

1 HCS HB 1254 - Kissell

2 HCS HB 1644 - Hagan-Harrell

3 HB 1443 - Koller

4 HCS HB 1602 - Leake

5 HCS HB 1737 - Monaco

6 HCS HB 1143 - Scheve

7 HB 1615 - Hosmer

8 HCS HB 1172, 1501, 1633, 1440, 1634, 1177 & 1430 - Davis (122)

9 HCS HB 1566 & 1810 - Bray

HOUSE BILLS FOR PERFECTION - INFORMAL

1 HCS HB 1362, HS, as amended, pending - Harlan

2 HB 1082 - Crump

HOUSE BILLS FOR PERFECTION - CONSENT

(February 14, 2000)

1 HB 1376 - Farnen

2 HB 1197 - Hosmer

3 HB 1292 - Auer

4 HB 1208 - Fitzwater

5 HB 1353 - Farnen

6 HB 1185 - Gratz

7 HB 1085 - Selby

8 HB 1396 - Farnen

9 HB 1097 - Hosmer

10 HB 1289 - Auer

HOUSE CONCURRENT RESOLUTION FOR ADOPTION AND THIRD READING

HCR 10, (2-3-00, pg. 211) - Auer

Missouri House of Representatives