Second Regular Session, 90th General Assembly
THIRTY-FOURTH DAY, Thursday, March 2, 2000
Speaker Pro Tem Kreider in the Chair.
Prayer by Reverend Rudy Beard.
God be in my head, and in my understanding; God be in my eyes, and in my looking; God be in my mouth, and in my speaking; God be in my heart, and in my thinking; God be at my end, and at my departing. (Book of Hours, 1514 AD)
Bless this House, O Lord. 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: Phillip Simpson, Alissa Mehmert, Stephanie Giboney, Aimee Schollmeyer, Kristina Staley, Christine L. Selby, David R. Selby, Shane T. Hughes, Zachary Jackson and Xavier Brown.
The Journal of the thirty-third day was approved as corrected by the following vote:
AYES: 085
Abel Auer Backer Barry 100 Berkowitz
Bonner Boucher 48 Boykins 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
Gunn Hagan-Harrell Hampton Harlan Hickey
Hilgemann Hollingsworth Hoppe Hosmer Kelly 27
Kennedy Kissell Koller Kreider Lakin
Lawson Leake Liese Luetkenhaus May 108
Mays 50 McBride McKenna McLuckie Merideth
Monaco Murray O'Connor O'Toole Overschmidt
Parker Ransdall Relford Reynolds Riley
Rizzo Scheve Schilling Seigfreid Selby
Shelton Skaggs Smith Thompson Treadway
Troupe Van Zandt Wagner Ward Wiggins
Williams 121 Williams 159 Wilson 25 Wilson 42 Mr. Speaker
NOES: 072
Akin Alter Ballard Barnett Bartle
Bennett Berkstresser Black Blunt Boatright
Burton Champion Chrismer Cierpiot Crawford
Dolan Elliott Enz Evans Foster
Froelker Gaskill 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 Murphy Myers Naeger
Nordwald Ostmann Patek Phillips Pouche 30
Pryor Purgason Reid Reinhart Richardson
Ridgeway Robirds Ross Sallee Schwab
Scott Secrest Shields Townley Tudor
Vogel Wright
PRESENT: 000
ABSENT WITH LEAVE: 005
Bartelsmeyer Kasten Stokan Summers Surface
VACANCIES: 001
RESOLUTION
House Resolution No. 204 was taken up by Representative Selby and read.
House Resolution No. 204
WHEREAS, Cedar Springs Elementary School in House Springs, Missouri, distinguished itself by making the Top Ten list of more than 200 public schools in Missouri that posted the highest scores in the state last year on one or more parts of the Missouri Assessment Program (MAP) exams; and
WHEREAS, Cedar Springs Elementary School in the Northwest R-I School District placed first in the "Top Ten Highest-Performing Schools" in the subject area of third grade science after students successfully completed the MAP exam which consisted of a multiple-choice section, a short-answer section, and an open-ended "performance" section, where they applied their knowledge and demonstrated their problem-solving skills by writing paragraphs, creating charts and diagrams, and displaying their calculations on math questions; and
WHEREAS, administrators at Cedar Springs Elementary School learned of their school's achievement following the release of a special report prepared by the Missouri Department of Elementary and Secondary Education that consisted of a "Top Ten" list for twenty-seven separate categories which charts the schools' performance in the three subject areas in which the MAP exams were required in 1999 (communication arts, math, and science); three grade levels (elementary, middle school/junior high, high school); and three size divisions (under 250 students, 250-500 students, and more than 500 students); and
WHEREAS, 85 percent of Cedar Springs Elementary students scored at the "Proficient" and "Advanced" levels on the 1999 MAP in Grade 3 Elementary Science; and
WHEREAS, special words of commendation go out to the Third Grade Team, Mariann Jones, Al Luaders, Cathy Wittrock, Carolyn Gassett, Brooke Bailey, Vicki Thompson and to all the students, faculty and staff at Cedar Springs Elementary School for the tireless commitment they demonstrated to attain this high level of academic success; and
WHEREAS, Cedar Springs Elementary School continues an outstanding tradition of excellence by providing Missouri's youngest citizens with a quality education under the competent leadership of Ms. Faye Parkinson, principal:
NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninetieth General Assembly, unanimously join in extending our most hearty congratulations and best wishes to Cedar Springs Elementary School at this proud moment of well-deserved distinction; and
BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for Cedar Springs Elementary School in House Springs.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 383 - Representative Klindt
House Resolution No. 384 - Representative Legan
House Resolution No. 385 - Representative Barry
House Resolution No. 386 - Representative Leake
House Resolution No. 387 - Representative Legan
House Resolution No. 388
through
House Resolution No. 391 - Representative Crump
House Resolution No. 392 - Representative Hartzler (124)
House Resolution No. 393 - Representative Murphy
House Resolution No. 394
through
House Resolution No. 420 - Representatives Murphy, Enz and Hendrickson
House Resolution No. 421 - Representative Kennedy
House Resolution No. 422 - Representatives Vogel and Gratz
House Resolution No. 423
through
House Resolution No. 425 - Representative Lawson
House Resolution No. 426 - Representative Champion
House Resolution No. 427
through
House Resolution No. 437 - Representative Murphy
House Resolution No. 438
through
House Resolution No. 451 - Representatives Murphy and Enz
House Resolution No. 452
through
House Resolution No. 464 - Representatives Enz and Hendrickson
SECOND READING OF HOUSE CONCURRENT RESOLUTION
HCR 25 was read the second time.
SECOND READING OF HOUSE BILLS
HB 2087 through HB 2090 were read the second time.
SECOND READING OF SENATE BILL
SB 725 was read the second time.
COMMITTEE REPORTS
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 HB 1082, 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.
Committee on Fiscal Review, Chairman Backer reporting:
Mr. Speaker: Your Committee on Fiscal Review, to which was referred HB 1443 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.
THIRD READING OF HOUSE JOINT RESOLUTION
HS HCS HJR 61, relating to tobacco settlement, was taken up by Representative Van Zandt.
Representative Backer assumed the Chair.
Speaker Pro Tem Kreider resumed the Chair.
Speaker Gaw assumed the Chair.
On motion of Representative Van Zandt, HS HCS HJR 61 was read the third time and passed by the following vote:
AYES: 087
Abel Auer Backer Barry 100 Berkowitz
Bonner Boucher 48 Boykins 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
Gunn Hagan-Harrell Hampton Harlan Hickey
Hilgemann Hollingsworth Hoppe Hosmer Kelly 27
Kennedy Kissell Koller Kreider Lakin
Lawson Leake Liese Luetkenhaus May 108
Mays 50 McBride McClelland McKenna McLuckie
Monaco Murray O'Connor O'Toole Ostmann
Overschmidt Parker Ransdall Reid Relford
Reynolds Riley Rizzo Scheve Schilling
Seigfreid Selby Shelton Skaggs Smith
Thompson Treadway Troupe Van Zandt Wagner
Ward Wiggins Williams 121 Williams 159 Wilson 25
Wilson 42 Mr. Speaker
NOES: 067
Akin Alter Ballard Barnett Bartle
Bennett Berkstresser Black Blunt Boatright
Burton Champion Chrismer Cierpiot Crawford
Dolan Elliott Enz Evans Foster
Froelker Gaskill Graham 106 Griesheimer Gross
Hanaway Hartzler 123 Hartzler 124 Hegeman Hendrickson
Hohulin Howerton Kelley 47 King Klindt
Legan Linton Lograsso Long Loudon
Luetkemeyer Marble Merideth Miller Murphy
Myers Naeger Nordwald Patek Phillips
Pouche 30 Pryor Purgason Reinhart Richardson
Ridgeway Robirds Ross Sallee Schwab
Scott Secrest Shields Townley Tudor
Vogel Wright
PRESENT: 001
Levin
ABSENT WITH LEAVE: 007
Bartelsmeyer Gibbons Holand Kasten Stokan
Summers Surface
VACANCIES: 001
Speaker Gaw declared the bill passed.
On motion of Representative Ward, title to the bill was agreed to.
Representative Scheve moved that the vote by which the bill passed be reconsidered.
Representative Skaggs moved that motion lay on the table.
The latter motion prevailed.
REFERRAL OF HOUSE CONCURRENT RESOLUTIONS
The following House Concurrent Resolutions were referred to the Committee indicated:
HCR 23 - Ways and Means
HCR 24 - Miscellaneous Bills and Resolutions
HCR 25 - Transportation
REFERRAL OF HOUSE BILLS
The following House Bills were referred to the Committee indicated:
HB 2046 - Children, Youth and Families
HB 2047 - Professional Registration and Licensing
HB 2048 - Education - Higher
HB 2049 - Professional Registration and Licensing
HB 2050 - Public Health
HB 2051 - Professional Registration and Licensing
HB 2053 - Local Government and Related Matters
HB 2054 - Retirement
HB 2055 - Correctional and State Institutions
HB 2056 - Motor Vehicle and Traffic Regulations
HB 2057 - Consumer Protection and Housing
HB 2058 - Education - Elementary and Secondary
HB 2059 - Local Government and Related Matters
HB 2060 - Judiciary
HB 2061 - Local Government and Related Matters
HB 2062 - Education - Higher
HB 2063 - Ways and Means
HB 2065 - Local Government and Related Matters
HB 2067 - Environment and Energy
HB 2068 - Local Government and Related Matters
HB 2069 - Retirement
HB 2070 - Social Services, Medicaid and the Elderly
HB 2071 - Judiciary
HB 2072 - Public Health
HB 2073 - Retirement
HB 2074 - Ways and Means
HB 2075 - Social Services, Medicaid and the Elderly
COMMITTEE REPORTS
Committee on Education - Higher, Chairman Farnen reporting:
Mr. Speaker: Your Committee on Education - Higher, to which was referred HB 1578, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Committee on Governmental Organization and Review, Chairman Barry reporting:
Mr. Speaker: Your Committee on Governmental Organization and Review, to which was referred HB 1728, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment No. 1.
House Committee Amendment No. 1
AMEND House Bill No. 1728, Page 4, Section 34.072, Lines 1 to 3, by deleting all of said lines and inserting in lieu thereof the following:
"34.072. The state shall grant or award at least thirty percent of all contracts to Missouri based businesses."; and
Further amend said title, enacting clause and intersectional references accordingly.
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 1095, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
Mr. Speaker: Your Committee on Local Government and Related Matters, to which was referred HB 1499, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
Mr. Speaker: Your Committee on Local Government and Related Matters, to which was referred HB 1579, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
Mr. Speaker: Your Committee on Local Government and Related Matters, to which was referred HB 1631, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
Mr. Speaker: Your Committee on Local Government and Related Matters, to which was referred HB 1647, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
Mr. Speaker: Your Committee on Local Government and Related Matters, to which was referred HB 1967, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Mr. Speaker: Your Committee on Local Government and Related Matters, to which was referred HB 2011, begs leave to report it has examined the same and recommends that it 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 1797, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Committee on Motor Vehicle and Traffic Regulations, Chairman O'Connor reporting:
Mr. Speaker: Your Committee on Motor Vehicle and Traffic Regulations, to which was referred HB 1767, HB 1078, HB 1093, HB 1147, HB 1170, HB 1180, HB 1193, HB 1194, HB 1210, HB 1219, HB 1251, HB 1315, HB 1399, HB 1432, HB 1513, HB 1515, HB 1715, HB 1783 and HB 1944, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Committee on Public Health, Chairman Ladd Stokan reporting:
Mr. Speaker: Your Committee on Public Health, to which was referred HB 1422, HB 1199, HB 1411, HB 1754 and HB 1947, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Mr. Speaker: Your Committee on Public Health, to which was referred HB 1489, HB 1488 and HB 1650, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Committee on State Parks, Natural Resources and Mining, Chairman McBride reporting:
Mr. Speaker: Your Committee on State Parks, Natural Resources and Mining, to which was referred HB 1342, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Mr. Speaker: Your Committee on State Parks, Natural Resources and Mining, to which was referred HB 1961, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
COMMITTEE CHANGES
The Speaker submitted the following Committee changes:
Representative Ladd Stokan is no longer a member of the Critical Issues Committee.
Representative Fraser has been appointed a member of the Critical Issues Committee.
INTRODUCTION OF HOUSE JOINT RESOLUTION
The following House Joint Resolution was read the first time and copies ordered printed:
HJR 73, introduced by Representatives Selby, Luetkenhaus, Kelley (47), Cierpiot, O'Connor, Burton and Reynolds, et al, relating to the powers of the general assembly to appropriate funds received by the state as a result of any legal settlement or award related to tobacco-related products.
INTRODUCTION OF HOUSE BILLS
The following House Bills were read the first time and copies ordered printed:
HB 2091, introduced by Representative Riback Wilson (25), relating to landlord and tenant.
HB 2092, introduced by Representatives Overschmidt, Gaw, Smith, Williams (159) and Green, et al, relating to penalties for late payments by state agencies.
HB 2093, introduced by Representative Griesheimer, relating to road district reports.
HB 2094, introduced by Representative Lakin, relating to day care expenses.
HB 2095, introduced by Representatives Wilson (42), Riley, Scheve, Riback Wilson (25), Curls, Thompson and Fraser, et al, relating to unlawful distribution of firearms.
HB 2096, introduced by Representatives Thompson, Wilson (42), Curls, Smith, Selby, Carter, Riley and Days, et al, relating to home loans.
HB 2097, introduced by Representatives Thompson, Curls and Riley, relating to the department of corrections.
HB 2098, introduced by Representatives Merideth, Myers, Van Zandt and Britt, et al, relating to peace officers.
HB 2099, introduced by Representatives Gaskill and Secrest, relating to prohibiting possession of tobacco products by minors.
HB 2100, introduced by Representatives Selby, Luetkenhaus, Kelley (47), Cierpiot, O'Connor, Burton and Reynolds, et al, relating to tobacco.
MESSAGE FROM THE GOVERNOR
EXECUTIVE OFFICE
MARCH 2, 2000
TO THE CHIEF CLERK OF THE
HOUSE OF REPRESENTATIVES
SECOND REGULAR SESSION
90TH GENERAL ASSEMBLY
STATE OF MISSOURI
Herewith I return to you House Committee Substitute for House Bill No. 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.
On March 2, 2000, I approved said House Committee Substitute for House Bill No. 1114.
Respectfully submitted,
/s/ Mel Carnahan
Governor
COMMUNICATION
March 2, 2000
The Honorable Steve Gaw
Missouri House of Representatives
State Capitol, Room 308
Jefferson City, MO 65101
Dear Speaker Gaw:
A very close family friend, Tom Allen, passed away on Tuesday, February 29, 2000 and his funeral service is at 4:00 p.m. today.
I must leave the Capitol by 1:45 p.m. in order to attend this service. I respectfully request that in the event any votes are taken after my departure that I be shown absent with leave.
Thank you.
Yours truly,
/s/ Michael R. Gibbons
ADJOURNMENT
On motion of Representative Crump, the House adjourned until 4:00 p.m., Monday, March 6, 2000.
CORRECTION TO THE HOUSE JOURNAL
Correct House Journal, Thirty-third Day, Wednesday, March 1, 2000, pages 442 and 443, roll call, by showing Representative Tudor voting "aye" rather than "absent with leave".
COMMITTEE MEETINGS
BUDGET
Monday, March 6, 2000, 12:00 pm. Hearing Room 3.
To be considered - HB 1109, HB 1111
BUDGET
Tuesday, March 7, 2000, 8:00 am. Hearing Room 3.
Possible Executive Session to follow.
To be considered - HB 1109, HB 1111
BUDGET
Tuesday, March 7, 2000. Hearing Room 3 upon morning adjournment.
Possible Executive Session to follow.
To be considered - HB 1109, HB 1111
BUDGET
Wednesday, March 8, 2000, 8:00 am. Hearing Room 3.
Executive Session on FY 2001 budget.
BUDGET
Wednesday, March 8, 2000. Hearing Room 3 upon morning adjournment.
Executive Session on FY 2001 budget.
BUDGET
Thursday, March 9, 2000, 8:00 am. Hearing Room 3.
Executive Session on FY 2001 budget.
CHILDREN, YOUTH AND FAMILIES
Wednesday, March 8, 2000, 7:30 pm. Hearing Room 6.
Executive Session may follow.
To be considered - HB 1187, HB 1819, HB 1943, HB 1946, HB 1962
CRIMINAL LAW
Wednesday, March 8, 2000, 8:00 pm. Hearing Room 7.
Executive Session may follow.
To be considered - HB 1528, HB 1851, HB 1920, HB 2010
CRITICAL ISSUES
Monday, March 6, 2000, 7:30 pm. Hearing Room 3.
Executive Session may or may not follow.
To be considered - HB 1559, HB 1607, HB 1668, HB 1862, HB 1954, HCR 13
EDUCATION - ELEMENTARY AND SECONDARY
Monday, March 6, 2000, 2:00 pm. Hearing Room 1.
To be considered - HB 1224, HB 1426, HB 1686, HB 1694, HB 1709, HB 1958
JUDICIARY
Tuesday, March 7, 2000. Hearing Room 5 upon morning adjournment.
Executive Session may follow.
To be considered - HB 1438, HB 1539, HB 1575, HB 1805, HB 1978
MOTOR VEHICLE AND TRAFFIC REGULATIONS
Tuesday, March 7, 2000. Hearing Room 1 upon morning adjournment.
To be considered - HB 1722, HB 1885, HB 1900
PUBLIC SAFETY AND LAW ENFORCEMENT
Tuesday, March 7, 2000, 9:00 am. Hearing Room 6.
To be considered - HB 1889, HB 1987, HB 2009, Executive Session - HB 1757
SOCIAL SERVICES, MEDICAID AND THE ELDERLY
Tuesday, March 7, 2000, 7:30 pm. Hearing Room 6.
Possible Executive Session to follow.
To be considered - HB 2000, HB 2020, HB 2021
WAYS AND MEANS
Wednesday, March 8, 2000. Hearing Room 4 upon afternoon adjournment.
Executive Session may follow.
To be considered - HB 1448, HB 1498, HB 1861, HB 1956, HB 1963, HB 1983
HOUSE CALENDAR
THIRTY-FIFTH DAY, MONDAY, MARCH 6, 2000
HOUSE JOINT RESOLUTION FOR SECOND READING
HJR 73
HOUSE BILLS FOR SECOND READING
HB 2091 through HB 2100
HOUSE JOINT RESOLUTION FOR PERFECTION
HJR 40 - Graham (24)
HOUSE BILLS FOR PERFECTION
1 HCS HB 1143, as amended - Scheve
2 HB 1615 - Hosmer
3 HCS HB 1172, 1501, 1633, 1440, 1634, 1177 & 1430 - Davis (122)
4 HCS HB 1566 & 1810 - Bray
5 HCS HB 1386 & 1086 - Britt
6 HCS HB 1076 - Relford
7 HB 1238 - Hoppe
8 HCS HB 1242 - Treadway
9 HB 1472 - Smith
10 HCS HB 1434 - Skaggs
11 HCS HB 1481 - Smith
12 HCS HB 1305 - Rizzo
13 HCS HB 1574 & 1640 - Ladd Stokan
14 HCS HB 1677, 1675 & 1676 - Riback Wilson (25)
15 HCS HB 1652 & 1433 - Hoppe
16 HB 1603, HCA 1 and HCA 2 - O'Connor
17 HCS HB 1711 - Abel
18 HCS HB 1797 - Gratz
19 HCS HB 1569 - Bray
20 HCS HB 1932 - Harlan
HOUSE BILLS FOR PERFECTION - INFORMAL
1 HCS HB 1362, HS, as amended, pending - Harlan
2 HCS HB 1602, as amended - Leake
HOUSE BILLS FOR PERFECTION - CONSENT
(March 1, 2000)
1 HB 1848 - Treadway
2 HB 1923 - Ransdall
3 HB 1875 - Franklin
4 HB 1802 - Monaco
5 HB 1544 - Smith
6 HB 1591 - Backer
7 HB 1739 - Auer
8 HB 1486 - Abel
9 HB 1509 - Hosmer
10 HB 1374 - Graham (24)
11 HB 1465 - Ransdall
12 HB 1706 - Gambaro
13 HB 1428 - Hickey
14 HB 1454 - Hoppe
15 HB 1604 - Graham (106)
16 HB 1568 - Riback Wilson (25)
17 HB 1596 - Auer
18 HB 1685 - Smith
19 HB 1948 - Gratz
20 HB 1825 - Klindt
(March 2, 2000)
1 HB 1077 - Relford
2 HB 1808 - O'Toole
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
4 HCS HB 1737 - Monaco
5 HB 1082 - Crump
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
10 HB 1335 - Scheve
HOUSE RESOLUTIONS
1 HR 169, (2-24-00, pg. 398) - Williams (121)
2 HR 200, (2-24-00, pg. 399) - Harlan
3 HR 173, (2-24-00, pg. 398) - Farnen
4 HR 33, (2-24-00, pg. 397) - Williams (121)
5 HR 91, (2-24-00, pgs. 397 & 398) - Crawford
Missouri House of
Representatives