Journal of the House

Second Regular Session, 90th General Assembly

TWENTY-SEVENTH DAY, Monday, February 21, 2000

Speaker Pro Tem Kreider in the Chair.

Prayer by Father David Buescher.

Almighty Father, You are the glue which binds our world together into meaning. You help turn what might be absurdity into grace. Help these men and women today to continue to hope in and work for meaning and purpose in all their many affairs in conference, in meeting, in research, in consultation with aides and constituents. Help the myriad goings-on of this day come together into pattern and purpose.

For in the end, Lord, either with knowledge and will or not, You are the end and purpose of all we think, will, say, and do. May understanding that comfort, not anger us, with serenity, in the multiform activities of this day. You are God, the ultimate ground of all time that is and will be, this moment, this day, forever. 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: Megan Green and Patrick Green.

The Journal of the twenty-sixth day was approved as corrected by the following vote:

AYES: 150

Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Bartle

Bennett Berkowitz Berkstresser Black Blunt

Boatright Bonner Boucher 48 Boykins Bray 84

Britt Burton Campbell Champion Chrismer

Cierpiot Clayton Crawford Crump Curls

Davis 122 Davis 63 Days Dolan Dougherty

Elliott Enz Evans Farnen Fitzwater

Foley Ford Foster Franklin Fraser

Gambaro Gaskill George Gibbons Graham 106

Gratz Green Griesheimer Gross Gunn

Hagan-Harrell Hampton Harlan Hartzler 123 Hartzler 124

Hegeman Hendrickson Hickey Hilgemann Hohulin

Holand Hollingsworth Hosmer Howerton Kelley 47

Kelly 27 Kennedy King Kissell Klindt

Koller Kreider Lawson Leake Legan

Levin Liese Linton Long Loudon

Luetkemeyer Luetkenhaus Marble May 108 McBride

McClelland McKenna McLuckie Merideth Miller

Monaco Murphy Murray Myers Naeger

Nordwald O'Connor O'Toole Ostmann Overschmidt

Parker Patek Phillips Pouche 30 Pryor

Purgason Ransdall Reid Reinhart Relford

Reynolds Richardson Riley Rizzo Robirds

Ross Sallee Scheve Schilling Schwab

Scott Secrest Seigfreid Selby Shelton

Shields Skaggs Smith Stokan Summers

Thompson Townley Treadway Troupe Tudor

Van Zandt Vogel Wagner Ward Wiggins

Williams 121 Williams 159 Wilson 25 Wilson 42 Mr. Speaker

NOES: 003

Hanaway Lograsso Wright

PRESENT: 000

ABSENT WITH LEAVE: 009

Carter Froelker Graham 24 Hoppe Kasten

Lakin Mays 50 Ridgeway Surface

VACANCIES: 001

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 305 - Representative Scott

House Resolution No. 306 - Representatives Scott and Koller

House Resolution No. 307 - Representative Wiggins

House Resolution No. 308 - Representative Holand

House Resolution No. 309 - Representative Boucher

House Resolution No. 310 - Representative O'Toole

House Resolution No. 311 - Representative Townley

House Resolution No. 312 - Representative Bartelsmeyer

House Resolution No. 313 - Representative Berkowitz

SECOND READING OF HOUSE BILLS

HB 2028 through HB 2045 were read the second time.

COMMITTEE REPORT

Committee on Rules, Joint Rules and Bills Perfected and Printed, Chairman Crump reporting:

Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred HS HCS HB 1742, begs leave to report it has examined the same and finds it to be truly perfected and that the printed copies thereof furnished the members are correct.

REFERRAL OF HOUSE BILL

The following House Bill was referred to the Committee indicated:

HS HCS HB 1742 - Fiscal Review (Fiscal Note)

PERFECTION OF HOUSE BILLS

HCS HB 1254, relating to bail bondsmen and private investigators, was taken up by Representative Kissell.

Representative Kissell offered HS HCS HB 1254.

Representative Britt offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill No. 1254, Page 9, Section 374.750, Line 12 by removing said open parentheses at the beginning of said line; and

Further amend House Substitute for House Committee Substitute for House Bill No. 1254, Page 9, Section 374.750, Line 21, by removing said closed parentheses at the end of said line; and

Further amend House Substitute for House Committee Substitute for House Bill No. 1254, Page 18, Section 374.783, Line 8, by inserting at the end of said line the following:

"5. The department may refuse to issue or renew any license required pursuant to sections 374.782 to 374.789 for any one or any combination of causes stated in section 374.787. The department shall notify the applicant in the writing of the reasons for refusal and shall advise the applicant of his or her right to file a complaint with the administrative hearing commission as provided by chapter 621, RSMo."; and

Further amend said title and enacting clause accordingly.

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

Representative Monaco offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill No. 1254, Page 7, Section 374.704, Line 3, by deleting the word "one" and inserting thereof the word "three"; and

Further amend House Substitute for House Committee Substitute for House Bill No. 1254, page 20, line 3, by deleting the word "one" and inserting thereof the word "three".

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

Representative Elliott offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bill No. 1254, Page 7, Section 374.715, Line 24, by placing a period (.) after the word Missouri; and

Further amend the bill by placing a "[" before the word "if" on Line 24, and a "]" after the word Missouri on Page 8, Line 4; and

Further amend the bill on Page 8, Section 374.715, Lines 8 through 10, by deleting all of said lines.

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

Representative Richardson offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for House Bill No. 1254, Page 32, Section 650.360, Line 1 of said page, by deleting the words "for existing persons" and inserting in lieu thereof the words "and issue a license to existing persons and agencies"; and

Further amend said bill, Page 32, Section 650.360, Line 2 of said page, by deleting the words "all other" and inserting in lieu thereof the word "the"; and

Further amend said bill, Page 32, Section 650.360, Line 3 of said page, by inserting immediately after the word "requirements" the following: "of subsection 3 of this section"; and

Further amend said bill, Page 32, Section 650.360, Line 21 of said page, by deleting all of said line and renumber the remaining subdivisions accordingly; and

Further amend said bill, Page 40, Section 650.376, Line 1 of said page, by deleting all of said line and inserting in lieu thereof the following: "650.362."; and

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

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

On motion of Representative Kissell, HS HCS HB 1254, as amended, was adopted.

On motion of Representative Kissell, HS HCS HB 1254, as amended, was ordered perfected and printed.

HCS HB 1644, relating to public school retirement system, was taken up by Representative Hagan-Harrell.

Representative Griesheimer offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1644, Page 1, Section A, Line 3, by inserting after all of said line the following:

"169.050. 1. On and after the effective date of sections 169.010 to 169.140, all employees as defined in sections 169.010 to 169.141 of districts included in the retirement system thereby created shall be members of the system by virtue of their employment, except as provided by section 104.342, RSMo. Individuals who qualify as independent contractors under the common law and are treated as such by their employer shall not be considered employees for purposes of membership in or contributions to the retirement system.

2. Any person who becomes a member before the end of the school year next following the date on which the system becomes operative may claim credit for service rendered as an employee in Missouri prior to such operative date, or for service rendered in the armed forces of the United States during a period of war, the same as if the person were a teacher, provided the person was a teacher in Missouri at the time the person was inducted, by filing with the board of trustees, within such time as the board may specify, a complete and detailed record of the service for which credit is claimed, together with such supporting evidence as the board may require for verification of the record. To the extent that the board finds the record correct, it shall credit the claimant with prior service and shall notify the claimant of its decision, but the amount of such credit shall not exceed thirty years.

3. No prior service credit shall be granted to any person who becomes a member after the first year of the system's operation, except as provided in subsection 5 of this section unless that person's failure to become a member before or during that year was due either to service in the armed forces of the United States or to attendance at a recognized educational institution for professional improvement; provided, that the board of trustees may grant prior service credit to a teacher who taught prior to August 1, 1945, if the teacher returns to teaching before July 1, 1950, and if such teacher teaches in the public schools of Missouri not less than seven years after returning before retirement, or the board of trustees may grant prior service credit to a teacher who taught prior to August 1, 1945, if the teacher returns to teaching and teaches at least one-half of the number of years between July 1, 1946, and age sixty but not less than seven years after returning before retirement, except that a member who will have thirty-five or more years of teaching service in Missouri at retirement shall be required to teach not less than three years after returning and before retirement. A person serving in the armed forces of the United States shall have the same right to prior service credit as one who became a member before the end of the first year of the system's operation, if the person becomes a member within one year of the date of the person's discharge from such service or within one year of such date plus time spent as a student in a standard college or university in further preparation for service as a public school employee. A person attending a recognized educational institution for the person's professional improvement shall have the same right to prior service credit as one who became a member before the end of the first year of the system's operation, if the person becomes a member within three years following the date on which the system became operative, and within one year of the date on which the person's attendance at such institution ceased.

4. Membership shall be terminated by failure of a member to earn any membership credit as a public school employee under this system for five consecutive school years, by death, withdrawal of contributions, or retirement.

5. If a member withdraws or is refunded the member's contributions, the member shall thereby forfeit any creditable service the member may have; provided, however, if such person again becomes a member of the system, the person may elect to reinstate the creditable service forfeited at times of previous withdrawals or refunds. The reinstatement shall be effected by the member's paying to the retirement system with interest the total amount of accumulated contributions withdrawn by the member or refunded to the member with respect to the service being reinstated. A member may reinstate less than the total service previously forfeited, in accordance with rules promulgated by the board of trustees. The payment may be made over a period not longer than five years or the length of service to be reinstated whichever is longer, beginning from the date of election, or prior to retirement, whichever is earlier, and with interest on the unpaid balance; provided, however, that if a member is retired on disability before completing such payments, the balance due with interest may be deducted from the member's disability retirement allowance.

6. Any person who elected to purchase creditable service pursuant to section 169.055, 169.056 or 169.057 and failed to complete payment within the time allowed may again elect to purchase creditable service pursuant to those provisions, if the election is made before July 1, 1998. The election may include a purchase of creditable service for the same period for which the earlier election was made.

7. Any person who would be entitled to elect to purchase creditable service pursuant to section 169.055 for unpaid maternity or paternity leave except for the fact that the person returned to employment in a position covered by the retirement system more than five years after the end of the leave period may elect to purchase such creditable service if the election is made before July 1, 1998.

8. Any person who would be entitled to purchase creditable service pursuant to subsection 1 of section 169.055 except for the fact that the application was made on or after June 19, 1997, may elect to purchase such creditable service if the election is made before July 1, 1998.

9. Notwithstanding any provisions of this chapter to the contrary, any administrator who had been a member of the system and lost eligibility as a result of the discovery that the administrator was not the holder of a current valid Missouri certificate who subsequently obtained a Missouri certificate shall be reinstated as a member and permitted to retain all benefits accrued pursuant to RSMo. 169.010 to 169.141." ; and

Further amend the title and enacting clause accordingly.

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

Representative Parker offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1644, Page 11, Section 169.075, Line 86, by inserting after said line the following:

"9. Commencing with January 1, 2001, the board of trustees shall increase the amount of any survivor benefits payable pursuant to this section by an amount equal to the cost of living adjustment as provided for retirement allowances of retired members or beneficiaries pursuant to subsection 12 of section 169.070."; and

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

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

Representative Patek offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 1644, Page 10, Section 169.075, Line 23, by adding at the end of the line the following:

"Beginning August 28, 2000, a surviving spouse who otherwise meets the requirements of this subsection but who remarried prior to August 28, 1995, shall be entitled, upon an election pursuant to subsection 1 of this section, to any remaining benefits that would otherwise have been received had the surviving spouse not remarried before the change in law permitting remarried surviving spouses to continue receiving benefits. Such surviving spouses may, upon application, become special consultants whose benefit will be to receive the remaining benefits described above. In no event shall any retroactive benefits be paid."

Representative Monaco raised a point of order that House Amendment No. 3 is dilatory.

The Chair ruled the point of order not well taken.

Representative Patek moved that House Amendment No. 3 be adopted.

Which motion was defeated.

Representative Clayton offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill No. 1644, Page 9, Section 169.070, Line 287, by adding after all of said line the following:

"23. Notwithstanding any other provision of law to the contrary, any person retired prior to August 28, 1995, who is receiving a reduced retirement allowance pursuant to option 1 or 2 of subsection 3 of this section, as such option existed prior to August 28, 1995, and whose beneficiary nominated to receive continued retirement allowance payments pursuant to the elected option dies or has died, shall be made, constituted, appointed and employed by the board as a special consultant on the matters of education, retirement or aging and upon request shall give written or oral opinions to the board in response to such requests. Beginning September 1, 2000, as compensation for such service, upon application to the board of trustees have his or her retirement allowance increased to the amount he or she would have been receiving had the option not been elected."

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

Which motion was defeated.

Representative Marble offered House Amendment No. 5.

House Amendment No. 5

AMEND House Committee Substitute for House Bill No. 1644, Page 12, Section 169.075, Line 88, by adding after all of said line the following:

"169.560. Any person retired and currently receiving a retirement allowance pursuant to sections 169.010 to 169.141, other than for disability, may be employed in any capacity in a district included in the retirement system created by those sections on either a part-time or temporary-substitute basis not to exceed a total of five hundred fifty hours in any one school year, and through such employment may earn up to fifty percent of the annual compensation payable under the employing district's salary schedule for the position or positions filled by the retiree, given such person's level of experience and education, without a discontinuance of the person's retirement allowance. If the employing school district does not utilize a salary schedule, or if the position in question is not subject to the employing district's salary schedule, a retiree employed in accordance with the provisions of this section may earn up to fifty percent of the annual compensation paid to the person or persons who last held such position or positions. If the position or positions did not previously exist, the compensation limit shall be determined in accordance with rules duly adopted by the board of trustees of the retirement system; provided that, it shall not exceed fifty percent of the annual compensation payable for the position in the employing school district that is most comparable to the position filled by the retiree. In any case where a retiree fills more than one position during the school year, the fifty-percent limit on permitted earning shall be based solely on the annual compensation of the highest paid position occupied by the retiree for at least one-fifth of the total hours worked during the year. Such a person shall not contribute to the retirement system or to the nonteacher school employee retirement system established by sections 169.600 to 169.715 because of earnings during such period of employment. If such a person is employed in [any] a teaching capacity by such a district on a regular, full-time basis, the person shall not be eligible to receive the person's retirement allowance for any month during which the person is so employed and shall contribute to the retirement system."; and

Further amend the title and enacting clause accordingly.

Representative Bennett offered House Substitute Amendment No. 1 for House Amendment No. 5.

House Substitute Amendment No. 1

for

House Amendment No. 5

AMEND House Committee Substitute for House Bill No. 1644, Page 12, Section 169.075, Line 88, by adding after all of said line the following:

"169.560. 1. Any person retired and currently receiving a retirement allowance pursuant to sections 169.010 to 169.141, other than for disability, may be employed in any capacity in a district included in the retirement system created by those sections on either a part-time or temporary-substitute basis not to exceed a total of five hundred fifty hours in any one school year, and through such employment may earn up to fifty percent of the annual compensation payable under the employing district's salary schedule for the position or positions filled by the retiree, given such person's level of experience and education, without a discontinuance of the person's retirement allowance. If the employing school district does not utilize a salary schedule, or if the position in question is not subject to the employing district's salary schedule, a retiree employed in accordance with the provisions of this section may earn up to fifty percent of the annual compensation paid to the person or persons who last held such position or positions. If the position or positions did not previously exist, the compensation limit shall be determined in accordance with rules duly adopted by the board of trustees of the retirement system; provided that, it shall not exceed fifty percent of the annual compensation payable for the position in the employing school district that is most comparable to the position filled by the retiree. In any case where a retiree fills more than one position during the school year, the fifty-percent limit on permitted earning shall be based solely on the annual compensation of the highest paid position occupied by the retiree for at least one-fifth of the total hours worked during the year. Such a person shall not contribute to the retirement system or to the nonteacher school employee retirement system established by sections 169.600 to 169.715 because of earnings during such period of employment. If such a person is employed in [any] a teaching capacity by such a district on a regular, full-time basis, the person shall not be eligible to receive the person's retirement allowance for any month during which the person is so employed and shall contribute to the retirement system.

2. Notwithstanding the provisions of subsection 1 of this section, retired certificated personnel with a certificate in special education may be reemployed on a part-time or temporary substitute basis for a total of 825 hours per year."; and

Further amend the title and enacting clause accordingly.

Representative Bennett moved that House Substitute Amendment No. 1 for House Amendment No. 5 be adopted.

Which motion was defeated.

Representative Marble moved that House Amendment No. 5 be adopted.

Which motion was defeated.

On motion of Representative Hagan-Harrell, HCS HB 1644, as amended, was adopted.

On motion of Representative Hagan-Harrell, HCS HB 1644, as amended, was ordered perfected and printed.

REFERRAL OF HOUSE BILLS

The following House Bills were referred to the Committee indicated:

HB 1281 - Consumer Protection and Housing

HB 1961 - State Parks, Natural Resources and Mining

COMMITTEE REPORTS

Committee on Agri-Business, Chairman Williams (159) reporting:

Mr. Speaker: Your Committee on Agri-Business, to which was referred HB 1683, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Commerce, Chairman Rizzo reporting:

Mr. Speaker: Your Committee on Commerce, to which was referred HB 1344, begs leave to report it has examined the same and recommends that it Do Pass.

Committee on Consumer Protection and Housing, Chairman Schilling reporting:

Mr. Speaker: Your Committee on Consumer Protection and Housing, to which was referred HB 1434, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Education - Elementary and Secondary, Chairman Fitzwater reporting:

Mr. Speaker: Your Committee on Education - Elementary and Secondary, to which was referred HB 1073, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Fiscal Review, Chairman Backer reporting:

Mr. Speaker: Your Committee on Fiscal Review, to which was referred HB 1875, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

INTRODUCTION OF HOUSE CONCURRENT RESOLUTIONS

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

HCR 18, introduced by Representative Koller, urging Congress and the United States Secretary of Transportation to allow persons with a valid driver's license to operate a commercial vehicle without a commercial driver's license for charitable and religious purposes.

HCR 19, introduced by Representative Myers, urging Congress to take certain actions regarding agricultural consolidation.

HCR 20, introduced by Representative Wright, urging Organization Petroleum Exporting Countries (OPEC) to increase crude oil production.

INTRODUCTION OF HOUSE BILLS

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

HB 2046, introduced by Representative Dougherty, relating to health and welfare.

HB 2047, introduced by Representative Treadway, relating to nurses.

HB 2048, introduced by Representative Patek, relating to dentistry students at certain campuses of the University of Missouri.

HB 2049, introduced by Representatives Relford, Seigfreid, Davis (122) and Reynolds, relating to embalmers and funeral directors.

HB 2050, introduced by Representative Pouche, relating to vital statistics.

MESSAGES FROM THE SENATE

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 537, entitled:

An act relating to law enforcement districts.