Second Regular Session, 90th General Assembly
THIRTY-FIRST DAY, Monday, February 28, 2000
Speaker Pro Tem Kreider in the Chair.
Prayer by Father David Buescher.
Lord, another week has begun. We turn to You again as we begin. Instill in each of us renewed dedication. Distill all our comings and goings into some coherent pattern. Forestall those personal bickerings and any of our hankerings after glory into remembrance of what we do here - which is to serve the people You have seen fit to offer to us. May the deliberations of this day begin in our peaceful remembrance of Your compassionate presence and proceed towards a better Missouri for us all. 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: Bishop George White and Lori Winkler.
Representative Crump moved for approval of the Journal of the thirtieth day.
Representative Marble raised an objection to the motion to approve the Journal, stating that the motions of Representatives Lakin, Ransdall and Relford, on page 390, were not valid motions.
The Chair requested the objection be submitted in writing.
Following the request of the chair, written objection was not received.
The Journal of the thirtieth day was approved as corrected by the following vote:
AYES: 083
Abel Auer Backer Barry 100 Berkowitz
Bonner Boucher 48 Bray 84 Britt Campbell
Carter Clayton Crump Curls Davis 122
Davis 63 Days Dougherty Farnen Fitzwater
Foley Ford Franklin Fraser Gambaro
George Graham 24 Gratz Green Hagan-Harrell
Hampton Harlan Hickey Hilgemann Hollingsworth
Hosmer Kelly 27 Kennedy Kissell Koller
Kreider Lakin Lawson Leake Liese
Luetkenhaus May 108 Mays 50 McBride McKenna
McLuckie Merideth Monaco Murphy Murray
O'Connor O'Toole Overschmidt Parker Ransdall
Relford Reynolds Riley Rizzo Scheve
Schilling Seigfreid Selby Shelton Skaggs
Smith Stokan Thompson Treadway Troupe
Van Zandt Wagner Ward Williams 121 Williams 159
Wilson 25 Wilson 42 Mr. Speaker
NOES: 071
Alter Ballard Barnett Bartelsmeyer Bartle
Bennett Berkstresser Black Blunt Boatright
Burton Champion Chrismer Cierpiot Crawford
Dolan Elliott Enz Evans Foster
Froelker Gibbons Graham 106 Griesheimer Gross
Hanaway Hartzler 123 Hartzler 124 Hegeman Hendrickson
Hohulin Holand Howerton Kelley 47 King
Klindt Legan Levin Linton Lograsso
Long Loudon Luetkemeyer Marble McClelland
Miller Myers Naeger Nordwald Ostmann
Patek Phillips Pouche 30 Pryor Purgason
Reid Reinhart Richardson Ridgeway Robirds
Ross Sallee Schwab Scott Shields
Summers Surface Townley Tudor Vogel
Wright
PRESENT: 000
ABSENT WITH LEAVE: 008
Akin Boykins Gaskill Gunn Hoppe
Kasten Secrest Wiggins
VACANCIES: 001
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 357 - Representative Luetkemeyer
House Resolution No. 358 - Representative Gaw
House Resolution No. 359 - Representative Murphy
House Resolution No. 360 - Representative Gunn
House Resolution No. 361 - Representative Ford
House Resolution No. 362 - Representatives Boucher and Harlan
House Resolution No. 363 - Representative Green
House Resolution No. 364 - Representative Boucher
House Resolution No. 365 - Representatives Ross and Lograsso
House Resolution No. 366 - Representative Hickey
House Resolution No. 367 - Representative Cierpiot
House Resolution No. 368 - Representative McBride
SECOND READING OF HOUSE CONCURRENT RESOLUTIONS
HCR 23 and HCR 24 were read the second time.
SECOND READING OF HOUSE BILLS
HB 2063 through HB 2075 were read the second time.
SECOND READING OF SENATE BILLS
SB 727, SB 804 and SB 816 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 HJR 61, 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.
PERFECTION OF HOUSE BILL
HCS HB 1737, as amended, with House Substitute Amendment No. 1 for House Amendment No. 2 and House Amendment No. 2, pending, relating to long-term care insurance, was taken up by Representative Monaco.
Representative Monaco raised a point of order that the Gentleman from Greene District is out of order according to Rule 86.
The Chair ruled the point of order not well taken.
House Substitute Amendment No. 1 for House Amendment No. 2 was withdrawn.
Representative Ransdall assumed the Chair.
Representative Gaskill offered House Substitute Amendment No. 1 for House Amendment No. 2.
House Substitute Amendment No. 1 for House Amendment No. 2 was withdrawn.
House Amendment No. 2 was withdrawn.
Representative Marble offered House Amendment No. 2.
House Amendment No. 2
AMEND House Committee Substitute for House Bill No. 1737, Page 3, Section 376.956, Line 9, by deleting the colon and adding after the word "care" the following:
"as well as any and all personal assets that may be relinquished to the department as a result of said program."
Speaker Pro Tem Kreider resumed the Chair.
Representative Monaco offered House Substitute Amendment No. 1 for House Amendment No. 2.
House Substitute Amendment No. 1
for
House Amendment No. 2
AMEND House Committee Substitute for House Bill No. 1737, Page 3, Section 376.956, Line 9, by deleting the colon and adding after the word "care" the following:
"as well as any and all information regarding asset qualifications for said program."
On motion of Representative Monaco, House Substitute Amendment No. 1 for House Amendment No. 2 was adopted by the following vote:
AYES: 152
Abel Alter Auer Backer Ballard
Barnett Barry 100 Bartelsmeyer Bartle Bennett
Berkowitz Berkstresser Black Blunt Boatright
Bonner Boucher 48 Bray 84 Britt Burton
Carter Champion Chrismer Cierpiot Clayton
Crawford Crump Curls Davis 122 Davis 63
Days Dougherty Elliott Enz Evans
Farnen Fitzwater Foley Ford Foster
Franklin Fraser Froelker Gambaro Gaskill
George Gibbons Graham 106 Graham 24 Gratz
Green Griesheimer Gross Hagan-Harrell Hampton
Hanaway Harlan Hartzler 123 Hartzler 124 Hegeman
Hendrickson Hickey Hilgemann Hohulin Holand
Hollingsworth Hosmer Howerton Kelley 47 Kelly 27
Kennedy King Kissell Klindt Koller
Kreider Lakin Lawson Leake Legan
Levin Liese Linton Lograsso Long
Loudon Luetkemeyer Luetkenhaus Marble May 108
Mays 50 McBride McClelland McKenna McLuckie
Merideth Miller Monaco Murphy Murray
Myers Naeger Nordwald O'Connor O'Toole
Ostmann Overschmidt Parker Patek Phillips
Pouche 30 Purgason Ransdall Reid Reinhart
Relford Reynolds Richardson Ridgeway Riley
Rizzo Robirds Ross Sallee Scheve
Schilling Schwab Scott Seigfreid Selby
Shelton Shields Skaggs Smith Stokan
Summers Surface Thompson Townley Treadway
Troupe Tudor Van Zandt Vogel Wagner
Ward Williams 121 Williams 159 Wilson 25 Wilson 42
Wright Mr. Speaker
NOES: 001
Dolan
PRESENT: 000
ABSENT WITH LEAVE: 009
Akin Boykins Campbell Gunn Hoppe
Kasten Pryor Secrest Wiggins
VACANCIES: 001
Representative Luetkemeyer offered House Amendment No. 3.
House Amendment No. 3
AMEND House Committee Substitute for House Bill No. 1737, Page 4, Section 376.956, Line 18, by deleting subsections 5 and 6 of said section and renumbering accordingly.
Representative Luetkemeyer moved that House Amendment No. 3 be adopted.
Which motion was defeated by the following vote:
AYES: 040
Barnett Bartelsmeyer Bennett Berkstresser Burton
Champion Chrismer Cierpiot Dolan Elliott
Evans Foster Froelker Gaskill Graham 106
Hanaway Hartzler 123 Hartzler 124 Hendrickson Hohulin
Holand Kelley 47 King Legan Lograsso
Loudon Luetkemeyer McClelland Myers Naeger
Ostmann Patek Pouche 30 Purgason Ridgeway
Schwab Scott Summers Surface Vogel
NOES: 109
Abel Alter Auer Backer Ballard
Barry 100 Bartle Berkowitz Black Blunt
Boatright Bonner Boucher 48 Bray 84 Britt
Carter Clayton Crawford Crump Curls
Davis 122 Davis 63 Days Dougherty Enz
Farnen Fitzwater Foley Ford Franklin
Fraser Gambaro George Gibbons Graham 24
Gratz Griesheimer Gross Hagan-Harrell Hampton
Harlan Hegeman Hickey Hilgemann Hollingsworth
Hosmer Howerton Kelly 27 Kennedy Kissell
Klindt Koller Kreider Lakin Lawson
Leake Levin Liese Luetkenhaus Marble
May 108 Mays 50 McBride McKenna McLuckie
Merideth Miller Monaco Murphy Murray
Nordwald O'Connor O'Toole Overschmidt Parker
Phillips Ransdall Reid Reinhart Relford
Reynolds Riley Rizzo Robirds Ross
Sallee Scheve Schilling Seigfreid Selby
Shelton Shields Skaggs Smith Stokan
Thompson Townley Treadway Troupe Tudor
Van Zandt Wagner Ward Williams 121 Williams 159
Wilson 25 Wilson 42 Wright Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 013
Akin Boykins Campbell Green Gunn
Hoppe Kasten Linton Long Pryor
Richardson Secrest Wiggins
VACANCIES: 001
HCS HB 1737, as amended, was laid over.
COMMITTEE REPORTS
Committee on Civil and Administrative Law, Chairman Smith reporting:
Mr. Speaker: Your Committee on Civil and Administrative Law, to which was referred HB 1502, 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 1652 and HB 1433, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Committee on Miscellaneous Bills and Resolutions, Chairman O'Toole reporting:
Mr. Speaker: Your Committee on Miscellaneous Bills and Resolutions, to which was referred HB 1454, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
Committee on Municipal Corporations, Chairman Shelton reporting:
Mr. Speaker: Your Committee on Municipal Corporations, to which was referred HB 1698, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
INTRODUCTION OF HOUSE BILL - APPROPRIATIONS
The following House Bill was read the first time and copies ordered printed:
HB 1113, introduced by Representative Franklin, to appropriate money for real property leases, related services, utilities, and systems furniture; and structural modifications for new FTE for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to appropriate money for capital improvements and the other expenses of the Office of Administration and the divisions and programs thereof, and to transfer money among certain funds for the period beginning July 1, 2000 and ending June 30, 2001.
INTRODUCTION OF HOUSE BILLS
The following House Bills were read the first time and copies ordered printed:
HB 2076, introduced by Representative Kissell, relating to individual income tax deductions for long-term health care insurance premiums.
HB 2077, introduced by Representative Dougherty, relating to the residential treatment of children in the custody of the division of family services.
HB 2078, introduced by Representative Berkowitz, et al, relating to the highway patrol's motor vehicle and aircraft revolving fund.
HB 2079, introduced by Representative Treadway, relating to regulation and licensing of landscape architects.
HB 2080, introduced by Representative Kennedy, relating to medical treatment facilities.
HB 2081, introduced by Representatives Hohulin and Burton, relating to illegal use or possession of controlled substances by educational personnel.
MESSAGE 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 HCS HB 1114, entitled:
An act to appropriate money for supplemental purposes for the several departments and offices of state government, and for the payment of various claims for refunds, for persons, firms, and corporations, and for other purposes, and to transfer money among certain funds, from the funds designated for the fiscal period ending June 30, 2000.
ADJOURNMENT
On motion of Representative Crump, the House adjourned until 10:00 a.m., Tuesday, February 29, 2000.
CORRECTIONS TO THE HOUSE JOURNAL
Correct House Journal, Thirtieth Day, Thursday, February 24, 2000, Page 387, lines 31 through 33, by deleting all of said lines and inserting in lieu of thereof the following:
SECOND READING OF SENATE BILLS
SCS SB 557, SB 573, SB 643, SCS SB 685, SCS SB 746, SCS SB 756, SCS SB 765, SB 821, SB 836, SB 877 and SCS SB 883 were read the second time.
Pages 388 and 389, roll call, by showing Representatives Kissell and Luetkenhaus voting "aye" rather than "absent with leave".
Pages 389 and 390, roll call, by showing Representatives Barnett and Black voting "aye" rather than "absent with leave".
COMMITTEE MEETINGS
APPROPRIATIONS - SOCIAL SERVICES AND CORRECTIONS
Tuesday, February 29, 2000. Hearing Room 3 upon evening adjournment.
Dept. of Corrections, Dept. of Social Services. Executive Session.
BUDGET
Tuesday, February 29, 2000, 8:30 am. Hearing Room 3.
AMENDED NOTICE.
To be considered - HB 1102, HB 1103, HB 1108
BUDGET
Tuesday, February 29, 2000, 1:00 pm. Hearing Room 3.
AMENDED NOTICE.
To be considered - HB 1102, HB 1103, HB 1108
BUDGET
Wednesday, March 1, 2000, 8:30 am. Hearing Room 3.
To be considered - HB 1103, HB 1108, HB 1112
BUDGET
Wednesday, March 1, 2000. Hearing Room 3 upon morning adjournment.
To be considered - HB 1108, HB 1110, HB 1112
CHILDREN, YOUTH AND FAMILIES
Tuesday, February 29, 2000. Side gallery upon morning adjournment.
Executive Session possible on other bills.
To be considered - Executive Session - HB 1865
CIVIL AND ADMINISTRATIVE LAW
Wednesday, March 1, 2000. Hearing Room 1 upon morning adjournment.
To be considered - HB 1664, HB 1897, HB 1904, HB 1929, HB 1997,
Executive Session - HB 1421, Executive Session - HB 1703, Executive Session - HB 1718
CONSUMER PROTECTION AND HOUSING
Tuesday, February 29, 2000, 8:00 pm. Hearing Room 1.
Possible Executive Session to follow.
To be considered - HB 1281
CORRECTIONAL AND STATE INSTITUTIONS
Tuesday, February 29, 2000, 8:00 pm. Hearing Room 7.
To be considered - HB 1844, HB 1917, HB 1918, HB 1928
CRIMINAL LAW
Tuesday, February 29, 2000. Side gallery upon morning adjournment.
Executive Session.
CRIMINAL LAW
Wednesday, March 1, 2000, 8:00 pm. Hearing Room 7.
Executive Session may follow.
To be considered - HB 1542, HB 1641, HB 1738, HB 1779, HB 1794, HB 1839, HB 1880, HB 1959
EDUCATION - ELEMENTARY AND SECONDARY
Tuesday, February 29, 2000, 8:00 am. Hearing Room 7.
AMENDED NOTICE.
To be considered - HB 1379, HB 1549, HB 1784
EDUCATION - HIGHER
Wednesday, March 1, 2000. Hearing Room 5 upon morning adjournment.
To be considered - HB 1980, HB 2044, Executive Session - HB 1327, Executive Session - HB 1660, Executive Session - HB 1893, Executive Session - HB 1916
ELECTIONS
Tuesday, February 29, 2000, 8:00 pm. Hearing Room 5.
Possible Executive Session. AMENDED NOTICE.
To be considered - HB 1717, HB 2031
GOVERNMENTAL ORGANIZATION AND REVIEW
Wednesday, March 1, 2000, 8:30 am. Hearing Room 5.
Possible Executive Session. AMENDED NOTICE.
To be considered - HB 1941
JUDICIARY
Tuesday, February 29, 2000. Hearing Room 5 upon morning adjournment.
Executive Session may follow. AMENDED NOTICE.
To be considered - HB 1477, HB 1493, HB 1580, HB 1937, HB 1968
LOCAL GOVERNMENT AND RELATED MATTERS
Tuesday, February 29, 2000. Hearing Room 7 upon morning adjournment.
Executive Session will follow.
To be considered - HB 1557, HB 1793, HB 1930, HB 1931, HB 1979, HB 1990, HB 2011
MISCELLANEOUS BILLS AND RESOLUTIONS
Wednesday, March 1, 2000, 8:30 am. Hearing Room 6.
To be considered - HB 1092, HB 1632, HB 1720
MISSOURI TOBACCO SETTLEMENT
Wednesday, March 1, 2000, 8:00 am. Hearing Room 1.
To be considered - HB 1392
MOTOR VEHICLE AND TRAFFIC REGULATIONS
Tuesday, February 29, 2000. Hearing Room 1 upon morning adjournment.
To be considered - HB 1587, HB 1838, HB 1900, HB 1944, HB 1953
MUNICIPAL CORPORATIONS
Wednesday, March 1, 2000, 3:00 pm. Hearing Room 4.
To be considered - HB 1662, HB 2003, HB 2019, Executive Session - HB 1661,
Executive Session - HB 1915
PUBLIC HEALTH
Tuesday, February 29, 2000. Side gallery upon evening adjournment.
Executive Session. AMENDED NOTICE.
PUBLIC SAFETY AND LAW ENFORCEMENT
Tuesday, February 29, 2000, 9:00 am. Hearing Room 6.
Executive Session will follow.
To be considered - HB 1949
RETIREMENT
Wednesday, March 1, 2000, 8:00 pm. Hearing Room 1.
Discussion exclusively on retired teachers returning to work.
SOCIAL SERVICES, MEDICAID AND THE ELDERLY
Tuesday, February 29, 2000, 7:30 pm. Hearing Room 6.
Possible Executive Session to follow. AMENDED NOTICE.
To be considered - HB 1890, HB 1910, HB 1976
TRANSPORTATION
Wednesday, March 1, 2000. Hearing Room 6 upon morning adjournment.
Executive Session to follow.
To be considered - HB 1370, HB 1588, HB 1639, HB 1972, HB 1989, HJR 67
WAYS AND MEANS
Tuesday, February 29, 2000. Hearing Room 6 upon morning adjournment.
Executive Session possible.
To be considered - HB 1618, HB 1622, HB 1666, HB 1834, HB 1864, HB 1882, HB 1886, HB 1901, HB 1933, HB 1938, HB 1960, HB 1971, HJR 58
HOUSE CALENDAR
THIRTY-SECOND DAY, TUESDAY, FEBRUARY 29, 2000
HOUSE BILLS FOR SECOND READING
HB 2076 through HB 2081
HOUSE BILL FOR SECOND READING - APPROPRIATIONS
HB 1113
HOUSE BILLS FOR PERFECTION
1 HCS HB 1737, as amended - Monaco
2 HCS HB 1143 - Scheve
3 HB 1615 - Hosmer
4 HCS HB 1172, 1501, 1633, 1440, 1634, 1177 & 1430 - Davis (122)
5 HCS HB 1566 & 1810 - Bray
6 HCS HB 1386 & 1086 - Britt
7 HCS HB 1076 - Relford
8 HB 1238 - Hoppe
9 HCS HB 1242 - Treadway
10 HB 1472 - Smith
11 HCS HB 1434 - Skaggs
12 HCS HB 1481 - Smith
13 HCS HB 1305 - Rizzo
14 HCS HB 1574 & 1640 - Ladd Stokan
HOUSE BILLS FOR PERFECTION - INFORMAL
1 HCS HB 1362, HS, as amended, pending - Harlan
2 HB 1082 - Crump
3 HCS HB 1602, as amended - Leake
HOUSE BILL FOR PERFECTION - CONSENT
(February 23, 2000)
HB 1335 - Scheve
HOUSE JOINT RESOLUTION FOR THIRD READING
HS HCS HJR 61 - Van Zandt
HOUSE BILLS FOR THIRD READING
1 HS HCS HB 1254 - Kissell
2 HCS HB 1644, E.C. - Hagan-Harrell
3 HB 1443, (Fiscal Review 2-23-00) - Koller
HOUSE BILLS FOR THIRD READING - CONSENT
1 HB 1376 - Farnen
2 HB 1292 - Auer
3 HB 1208 - Fitzwater
4 HB 1353 - Farnen
5 HB 1185 - Gratz
6 HB 1085 - Selby
7 HB 1396 - Farnen
8 HB 1097 - Hosmer
9 HB 1289 - Auer
Missouri House of
Representatives