Second Regular Session, 90th General Assembly
THIRTY-SIXTH DAY, Tuesday, March 7, 2000
Speaker Pro Tem Kreider in the Chair.
Prayer by Father David Buescher.
God of our families, our state, our nation, our world, grace these halls with Your friendship. We call today "Fat Tuesday". Let this day be fat in faith in You, fat in reliance on Your generous help, fat in a surfeit of generosity, justice, peace for the good of others.
Let our reveling be that we have the singular opportunity of being part of building the laws of our land, a privilege beyond our own ego needs. May we revel in the character behind our legislature and beyond any laws - the spirit of common human dignity and the bonds of mutual respect. To employ time and energy for that today, God, will make this day one of delight. 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: Cooper McCollum, Trey Crockett, Melissa Wergeles, Heather Sherrer, Erin Harlan, Lane Quinn, Dalton Fuemmeler, Jearmy McCubbins, Erika Camden, Sarah Petroff, Mike Gaspersic, Stephen Hobbs, Hannah Schnitzmeier and Shay Weaver.
The Journal of the thirty-fifth day was approved as printed by the following vote:
AYES: 086
Abel 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 George
Graham 24 Gratz Green Gunn Hagan-Harrell
Hampton Harlan Hartzler 123 Hickey Hilgemann
Holand Hollingsworth Hoppe 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
Parker Ransdall Relford Reynolds Riley
Rizzo Scheve Schilling Seigfreid Selby
Shelton Skaggs Smith Thompson Townley
Treadway Troupe Van Zandt Wagner Ward
Wiggins Williams 121 Williams 159 Wilson 25 Wilson 42
Mr. Speaker
NOES: 067
Akin Alter Ballard Barnett Bartelsmeyer
Bartle Bennett Berkstresser Blunt Boatright
Burton Chrismer Cierpiot Crawford Dolan
Elliott Enz Foster Froelker Gaskill
Gibbons Graham 106 Griesheimer Gross Hanaway
Hartzler 124 Hegeman Hendrickson Hohulin 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
Robirds Ross Sallee Schwab Scott
Secrest Shields Summers Surface Tudor
Vogel Wright
PRESENT: 000
ABSENT WITH LEAVE: 009
Auer Black Champion Evans Gambaro
Kasten Overschmidt Ridgeway Stokan
VACANCIES: 001
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 472 - Representative Elliott
House Resolution No. 473 - Representative Rizzo
House Resolution No. 474 - Representative Gibbons
House Resolution No. 475
and
House Resolution No. 476 - Representative Hartzler (124)
House Resolution No. 477 - Representative Nordwald
SECOND READING OF HOUSE BILLS
HB 2101 through HB 2103 were read the second time.
SECOND READING OF SENATE CONCURRENT RESOLUTION
SCR 21 was read the second time.
HOUSE RESOLUTIONS
HR 169, relating to use of chamber, was taken up by Representative Williams (121).
On motion of Representative Williams (121), HR 169 was adopted.
HR 200, relating to use of chamber, was taken up by Representative Harlan.
On motion of Representative Harlan, HR 200 was adopted.
HR 173, relating to use of chamber, was taken up by Representative Farnen.
On motion of Representative Farnen, HR 173 was adopted.
HR 33, relating to use of chamber, was taken up by Representative Williams (121).
On motion of Representative Williams (121), HR 33 was adopted.
PERFECTION OF HOUSE BILL
HCS HB 1143, as amended, relating to senior environmental corps, was taken up by Representative Scheve.
Representative Froelker offered House Amendment No. 3.
House Amendment No. 3
AMEND House Committee Substitute for House Bill No. 1143, Page 2, Section 640.844, Line 13, by deleting "-Five" on said line.
On motion of Representative Froelker, House Amendment No. 3 was adopted.
Representative Bartle offered House Amendment No. 4.
House Amendment No. 4
AMEND House Committee Substitute for House Bill No. 1143, Page 3, Section 640.852, Lines 23 and 24, by deleting the words: "displace currently employed workers, or to".
Representative Gunn assumed the Chair.
Speaker Gaw assumed the Chair.
Speaker Pro Tem Kreider resumed the Chair.
Representative Bartle moved that House Amendment No. 4 be adopted.
Which motion was defeated by the following vote:
AYES: 030
Akin Alter Ballard Bartelsmeyer Bartle
Blunt Boatright Burton Chrismer Dolan
Elliott Gross Hanaway Hendrickson Hohulin
Kelley 47 Legan Linton Lograsso Long
Loudon Marble Miller Myers Naeger
Phillips Pouche 30 Richardson Sallee Scott
NOES: 121
Abel Backer Barnett Barry 100 Bennett
Berkowitz Berkstresser Black Bonner Boucher 48
Boykins Bray 84 Britt Campbell Carter
Champion Cierpiot Clayton Crawford Crump
Curls Davis 122 Davis 63 Days Dougherty
Enz Farnen Fitzwater Foley Foster
Franklin Fraser Froelker Gaskill George
Gibbons Graham 106 Graham 24 Gratz Green
Griesheimer Gunn Hagan-Harrell Hampton Harlan
Hartzler 123 Hartzler 124 Hegeman Hickey Hilgemann
Holand Hollingsworth Hoppe Hosmer Howerton
Kelly 27 Kennedy King Kissell Klindt
Koller Kreider Lakin Lawson Leake
Levin Liese Luetkemeyer Luetkenhaus May 108
Mays 50 McBride McClelland McKenna McLuckie
Merideth Monaco Murray Nordwald O'Connor
O'Toole Ostmann Parker Patek Pryor
Purgason Ransdall Reid Reinhart Relford
Reynolds Ridgeway Riley Rizzo Robirds
Ross Scheve Schilling Schwab Secrest
Seigfreid Selby Shelton Shields Skaggs
Smith Summers Surface Thompson Townley
Tudor Van Zandt Vogel Wagner Ward
Wiggins Williams 121 Wilson 25 Wilson 42 Wright
Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 011
Auer Evans Ford Gambaro Kasten
Murphy Overschmidt Stokan Treadway Troupe
Williams 159
VACANCIES: 001
HCS HB 1143, as amended, was laid over.
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 adopted SCR 27.
SENATE CONCURRENT RESOLUTION NO. 27
WHEREAS, Missouri producers must have readily available markets in order to remain competitive in the agriculture industry; and
WHEREAS, the ongoing trend of consolidation and mergers in American agriculture economy is having an adverse impact on Missouri farmers and ranchers; and
WHEREAS, farmers' and ranchers' concerns are highlighted by the recent court injunction on the purchase of Murphy Family Farms, Inc. assets in Missouri by Smithfield Foods, Inc.; and
WHEREAS, other Midwestern states have raised similar concerns about the same transaction and have received similar court rulings; and
WHEREAS, this transaction is but one example of the level of interest in antitrust issues particularly within the agricultural sector of the economy; and
WHEREAS, competition remains critical for agricultural producers for the inputs they purchase and the products they sell; and
WHEREAS, the absence of competitive markets not only hurts farmers but ultimately will hurt consumers as well; and
WHEREAS, these anti-competitive forces are not targeted at specific states, but are more regional, national and in some cases, international in nature; and
WHEREAS, the Missouri legislature believes Congress, the United States Department of Agriculture and the United States Department of Justice should do more on consolidation and concentration issues in the agricultural sector; and
WHEREAS, in the absence of action by Congress, several state legislatures are pursuing ways to combat the anti-competitive forces currently at work in the agriculture markets; and
WHEREAS, Missouri lawmakers' concerns are heightened by the importance of agriculture to Missouri's rural communities; and
WHEREAS, Missouri lawmakers believe that consolidation and concentration issues of this magnitude demand prompt attention by lawmakers and regulators at the federal level:
NOW THEREFORE BE IT RESOLVED that the members of the Senate of the Ninetieth General Assembly, Second Regular Session, the House of Representatives concurring therein, hereby call upon the 106th Congress of the United States to immediately:
1. Expand the United States Department of Agriculture's role in evaluating agribusiness mergers and acquisitions;
2. Encourage the appointment of an Assistant Attorney General at the Department of Justice with the sole responsibility of handling agriculture mergers and acquisition;
3. Provide additional resources to expand the capability of the Grain Inspection, Packers and Stockyards Administration (GIPSA) to monitor, investigate and pursue the competitive implications of structural changes in the meat packing industry;
4. Support an increase in the staff of the Transportation, Energy and Agriculture section of the Department of Justice;
5. Prohibit the enforcement of confidentiality clauses in livestock production contracts and grain production contracts except to the extent that a legitimate trade secret is being protected;
6. Allow GIPSA to seek reparations for producers when a packer is found to be engaged in predatory or unfair practices;
7. Provide contract poultry growers the same protections as livestock producers by extending the powers of GIPSA to cover live poultry dealers;
8. Authorize a statutory trust for the protection of cash sellers to livestock dealers;
9. Consider any other measure that will lead to greater competition within the United States' agricultural sector; and
BE IT FURTHER RESOLVED that the Missouri General Assembly requests the United States Department of Agriculture to form a task force, a majority of the members being actual farmers and ranchers, to review and recommend changes in the Packers and Stockyards Act; and
BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for the Missouri Congressional delegation, the United States Department of Agriculture, and the United States Department of Justice.
In which the concurrence of the House is respectfully requested.
On motion of Representative Crump, the House recessed until 3:00 p.m.
AFTERNOON SESSION
The hour of recess having expired, the House was called to order by Speaker Gaw.
RESOLUTION
Representative Graham (24) offered House Resolution No. 478.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 479 - Representative Scott
House Resolution No. 480 - Representative Relford
House Resolution No. 481 - Representative Green
House Resolution No. 482 - Representative Elliott
House Resolution No. 483 - Representative Clayton
PERFECTION OF HOUSE BILLS
HCS HB 1143, as amended, relating to senior environmental corps, was again taken up by Representative Scheve.
Representative Marble offered House Amendment No. 5.
Representative Scheve raised a point of order that House Amendment No. 5 goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Ballard offered House Amendment No. 5.
House Amendment No. 5
AMEND House Committee Substitute for House Bill No. 1143, Page 3, Section 640.850, Line 6, by inserting between natural resources and conservation the word Department of Agriculture.
Representative Wagner offered House Substitute Amendment No. 1 for House Amendment No. 5.
House Substitute Amendment No. 1 for House Amendment No. 5 was withdrawn.
Representative Wagner 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. 1143, Page 3, Section 640.850, Line 6, by inserting after the words "natural resources", the words: "higher education, labor and industrial relations, Department of Agriculture".
On motion of Representative Wagner, House Substitute Amendment No. 1 for House Amendment No. 5 was adopted by the following vote:
AYES: 141
Akin Alter Backer Ballard Barnett
Barry 100 Bartelsmeyer Bartle 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 Farnen
Fitzwater Foley Ford Foster Franklin
Fraser Froelker Gaskill George Gibbons
Graham 106 Graham 24 Gratz Green Griesheimer
Gunn Hampton 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 Long Loudon
Luetkemeyer Luetkenhaus Marble May 108 Mays 50
McBride McKenna McLuckie Merideth Miller
Monaco Murphy Murray Myers Naeger
Nordwald O'Connor O'Toole Overschmidt Parker
Patek Phillips Pouche 30 Pryor Purgason
Ransdall Reinhart Relford Reynolds Richardson
Riley Rizzo Robirds Ross Sallee
Scheve Schilling Schwab Scott Secrest
Seigfreid Selby Shelton Shields Skaggs
Smith Summers Thompson Treadway Troupe
Van Zandt Vogel Wagner Ward Wiggins
Williams 121 Williams 159 Wilson 25 Wilson 42 Wright
Mr. Speaker
NOES: 005
Hanaway McClelland Ostmann Reid Ridgeway
PRESENT: 000
ABSENT WITH LEAVE: 016
Abel Auer Bennett Carter Evans
Gambaro Gross Hagan-Harrell Harlan Hoppe
Kasten Lograsso Stokan Surface Townley
Tudor
VACANCIES: 001
HCS HB 1143, as amended, was placed on the Informal Calendar.
HCS HBs 1566 & 1810, relating to small business tax credits, was taken up by Representative Bray.
Representative Bray offered HS HCS HBs 1566 & 1810.
Representative Treadway offered House Amendment No. 1.
House Amendment No. 1
AMEND House Substitute for House Committee Substitute for House Bill Nos. 1566 & 1810, Page 1, in the title, Line 4, inserting immediately before "348.300", the following: "135.530"; and
Further amend the title, page 1, line 8, by deleting the word "nine" and inserting in lieu thereof the word "ten"; and
Further amend said substitute, page 1, section A, line 14, by inserting immediately before "348.300", the following: "135.530"; and
Further amend section A, line 16, by deleting the word "nine" and inserting in lieu thereof the word "ten"; and
Further amend section A, line 18, by inserting immediately before "348.300" the following: "135.530"; and
Further amend said substitute, page 9, section 135.423, line 8, by inserting immediately at the end of said line, the following:
"135.530 For the purposes of sections 100.010, 100.710 and 100.850, RSMo, sections 135.110, 135.200, 135.258, 135.313, 135.403, 135.405, 135.503, 135.530 and 135.545, section 215.030, RSMo, sections 348.300 and 348.302, RSMo, and sections 620.1400 to 620.1460, RSMo, "distressed community" means either a Missouri municipality or a United States census block group within a metropolitan statistical area which has a median household income of under seventy percent of the median household income for the metropolitan statistical area, according to the last decennial census[, or a United States census block group or contiguous group of block groups within a metropolitan statistical area which has a population of at least two thousand five hundred, and each block group having a median household income of under seventy percent of the median household income for the metropolitan area in Missouri, according to the last decennial census]. In addition the definition shall include municipalities not in a metropolitan statistical area, with a median household income of under seventy percent of the median household income for the nonmetropolitan areas in Missouri according to the last decennial census[ or a census block group or contiguous group of block groups which has a population of at least two thousand five hundred each block group having a median household income of under seventy percent of the median household income for the nonmetropolitan areas of Missouri, according to the last decennial census].
On motion of Representative Treadway, House Amendment No. 1 was adopted.
Representative Merideth offered House Amendment No. 2.
Representative Gibbons raised a point of order that House Amendment No. 2 goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Purgason offered House Amendment No. 2.
Representative Kennedy raised a point of order that House Amendment No. 2 goes beyond the scope and is not germane to the bill.
The Chair ruled the point of order well taken.
On motion of Representative Bray, HS HCS HBs 1566 & 1810, as amended, was adopted.
On motion of Representative Bray, HS HCS HBs 1566 & 1810, as amended, was ordered perfected and printed.
HCS HBs 1386 & 1086, relating to financial exploitation of the elderly, was taken up by Representative Britt.
On motion of Representative Britt, HCS HBs 1386 & 1086 was adopted.
On motion of Representative Britt, HCS HBs 1386 & 1086 was ordered perfected and printed.
HCS HB 1076, relating to reading ability and promotion, was taken up by Representative
Relford.
Representative Relford offered HS HCS HB 1076.
Representative Patek offered House Amendment No. 1.
House Amendment No. 1
AMEND House Substitute for House Committee Substitute for House Bill No. 1076, Page 1, Section 160.519, Line 12 of said page, by adding immediately after the figure "160.519", the following: "1."; and
Further amend said bill, page 1, section 160.519, line 17 of said page, by adding after all of said line, the following:
"2. The department of elementary and secondary education shall adjust the schedule for administering the Missouri assessment program to ensure that only one assessment is administered in the third grade and that no more than two such assessments are administered at any other grade level."
Representative Clayton offered House Substitute Amendment No. 1 for House Amendment No. 1.
Representative Patek raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 1 is not a true substitute amendment.
The Chair ruled the point of order well taken.
On motion of Representative Patek, House Amendment No. 1 was adopted by the following vote:
AYES: 139
Akin Alter Backer Ballard Barnett
Barry 100 Bartelsmeyer 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 Elliott Enz Fitzwater Foley
Ford Foster Franklin Fraser Froelker
Gaskill George Gibbons Graham 106 Graham 24
Griesheimer Gross Gunn Hagan-Harrell Hampton
Hanaway Hartzler 123 Hartzler 124 Hegeman Hendrickson
Hilgemann Hohulin Holand Hollingsworth Hosmer
Howerton Kelley 47 Kelly 27 Kennedy King
Kissell Klindt Koller Kreider Lakin
Lawson Legan Levin Linton Lograsso
Long Loudon Luetkemeyer Luetkenhaus Marble
May 108 Mays 50 McBride McClelland McKenna
Merideth Miller Monaco Murphy Murray
Myers Naeger Nordwald O'Toole Ostmann
Overschmidt Parker Patek Phillips Pouche 30
Pryor Purgason Ransdall Reid Reinhart
Relford Reynolds Richardson Ridgeway Riley
Rizzo Robirds Ross Sallee Scheve
Schwab Scott Secrest Seigfreid Selby
Shields Skaggs Smith Summers Surface
Thompson Treadway Troupe Tudor Van Zandt
Vogel Wagner Ward Williams 121 Williams 159
Wilson 25 Wilson 42 Wright Mr. Speaker
NOES: 011
Dougherty Green Harlan Hickey Leake
Liese McLuckie O'Connor Schilling Shelton
Wiggins
PRESENT: 001
Farnen
ABSENT WITH LEAVE: 011
Abel Auer Bartle Carter Evans
Gambaro Gratz Hoppe Kasten Stokan
Townley
VACANCIES: 001
Representative Holand offered House Amendment No. 2.
House Amendment No. 2
AMEND House Substitute for House Committee Substitute for House Bill No. 1076, page 3, Section 167.645, line 9 of said page, by inserting after the second "of", the following: "second-grade or within thirty days of the beginning of"; and
Further amend said bill, page 3, Section 167.645, line 14 of said page, by inserting after the word "grades" the figure "3,"; and
Further amend said bill, page 3, Section 167.645, line 18 of said page, by deleting the words "whose third-grade" and inserting in lieu thereof the following: "who is entering third grade whose"; and
Further amend said bill, page 3, section 167.645, line 20 of said page, by deleting the words "fourth-grade" and inserting in lieu thereof the following: "third-grade"; and
Further amend said bill, page 4, section 167.645, line 1 of said page, by deleting the words "fourth-grade year" and inserting in lieu thereof the following: "third-grade year, as well as parent or guardian conferences and participation"; and
Further amend said bill, page 4, section 167.645, line 5 of said page, by deleting the word "fourth" and inserting in lieu thereof the following: "third"; and
Further amend said bill, page 4, section 167.645, line 9 of said page, by deleting the words "fourth-grade" and inserting in lieu thereof the following: "third-grade"; and
Further amend said bill, page 4, section 167.645, line 10 of said page, by deleting the words "third-grade" and inserting in lieu thereof the following: "fourth-grade (4.0)"; and
Further amend said bill, page 4, section 167.645, lines 15 and 16 of said page, by deleting said lines and inserting in lieu thereof the following:
"fourth-grade (3.5) level, the district shall provide a conference with the parent or guardian to consider retention or conditional promotion with a reading improvement plan for the student's fourth-grade year, consistent with district policy."; and
Further amend said bill, page 5, Section 167.645, line 1 of said page, by deleting the words "fifth-grade" and inserting in lieu thereof the following: "sixth-grade (6.0)".
Representative Patek offered House Substitute Amendment No. 1 for House Amendment No. 2.
House Substitute Amendment No. 1
for
House Amendment No. 2
AMEND House Substitute for House Committee Substitute for House Bill No. 1076, page 3, section 167.645, line 9 of said page, by inserting after the second "of" the following: "second-grade or within 40 days of the beginning of"; and
Further amend said bill, page 5, section 167.645, line 11 of said page, by deleting the word "may" and inserting in lieu thereof the word "shall".
Representative Relford requested a division of the question.
House Substitute Amendment No. 1
for
House Amendment No. 2
PART I
AMEND House Substitute for House Committee Substitute for House Bill No. 1076, page 3, section 167.645, line 9 of said page, by inserting after the second "of", the following: "second-grade or within 40 days of the beginning of".
Representative Patek moved that Part I of House Substitute Amendment No. 1 for House Amendment No. 2 be adopted.
Which motion was defeated.
House Substitute Amendment No. 1
for
House Amendment No. 2
PART II
AMEND House Substitute for House Committee Substitute for House Bill No. 1076, page 5, section 167.645, line 11 of said page, by deleting the word "may" and inserting in lieu thereof the word "shall".
Representative Patek moved that Part II of House Substitute Amendment No. 1 for House Amendment No. 2 be adopted.
Which motion was defeated by the following vote:
AYES: 069
Backer Barry 100 Bennett Berkowitz Berkstresser
Black Bonner Boucher 48 Britt Chrismer
Clayton Davis 122 Dougherty Elliott Fitzwater
Ford Franklin Gibbons Gross Hagan-Harrell
Hampton Hegeman Hilgemann Hohulin Hollingsworth
Hosmer Howerton Kelley 47 Kennedy Kissell
Klindt Kreider Lakin Legan Liese
Lograsso Luetkenhaus May 108 Mays 50 McBride
McKenna Merideth Murray Naeger Ostmann
Overschmidt Parker Patek Pryor Purgason
Relford Reynolds Richardson Ridgeway Rizzo
Sallee Secrest Seigfreid Shields Skaggs
Summers Thompson Treadway Troupe Wagner
Wiggins Williams 159 Wilson 42 Mr. Speaker
NOES: 081
Akin Alter Ballard Barnett Bartelsmeyer
Blunt Boatright Boykins Bray 84 Burton
Campbell Champion Cierpiot Crawford Crump
Curls Davis 63 Days Dolan Enz
Farnen Foley Foster Fraser Froelker
Gaskill George Graham 106 Graham 24 Green
Griesheimer Gunn Hanaway Harlan Hartzler 123
Hartzler 124 Hendrickson Hickey Holand Kelly 27
King Koller Lawson Leake Levin
Linton Loudon Luetkemeyer Marble McClelland
McLuckie Miller Monaco Murphy Myers
Nordwald O'Connor O'Toole Phillips Pouche 30
Ransdall Reid Reinhart Riley Robirds
Ross Scheve Schilling Schwab Scott
Selby Shelton Smith Surface Tudor
Van Zandt Vogel Ward Williams 121 Wilson 25
Wright
PRESENT: 000
ABSENT WITH LEAVE: 012
Abel Auer Bartle Carter Evans
Gambaro Gratz Hoppe Kasten Long
Stokan Townley
VACANCIES: 001
Representative Holand moved that House Amendment No. 2 be adopted.
Which motion was defeated by the following vote:
AYES: 046
Akin Alter Ballard Barnett Berkstresser
Black Blunt Boatright Burton Champion
Cierpiot Dolan Enz Froelker Gaskill
Graham 106 Hanaway Hartzler 124 Hendrickson Holand
Kelley 47 Kelly 27 Koller Levin Linton
Lograsso Long Loudon Luetkemeyer Miller
Murphy Myers Naeger Phillips Reinhart
Richardson Ridgeway Robirds Ross Sallee
Schwab Scott Surface Tudor Vogel
Wright
NOES: 103
Backer Barry 100 Bartelsmeyer Bennett Berkowitz
Bonner Boucher 48 Boykins Bray 84 Britt
Campbell Chrismer Clayton Crawford Crump
Curls Davis 122 Davis 63 Days Elliott
Farnen Fitzwater Foley Ford Foster
Franklin Fraser George Gibbons Graham 24
Green Griesheimer Gross Gunn Hagan-Harrell
Hampton Harlan Hartzler 123 Hegeman Hickey
Hilgemann Hohulin Hollingsworth Hosmer Howerton
Kennedy King Kissell Klindt Kreider
Lakin Lawson Leake Legan Liese
Luetkenhaus May 108 Mays 50 McBride McClelland
McKenna McLuckie Merideth Monaco Murray
Nordwald O'Connor O'Toole Ostmann Overschmidt
Parker Patek Pouche 30 Pryor Purgason
Ransdall Reid Relford Reynolds Riley
Rizzo Scheve Schilling Secrest Seigfreid
Selby Shelton Shields Skaggs Smith
Summers Thompson Treadway Troupe Van Zandt
Wagner Ward Wiggins Williams 121 Williams 159
Wilson 25 Wilson 42 Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 013
Abel Auer Bartle Carter Dougherty
Evans Gambaro Gratz Hoppe Kasten
Marble Stokan Townley
VACANCIES: 001
Representative Fitzwater offered House Amendment No. 3.
Representative Shields raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative May (108) offered House Amendment No. 3.
Representative Monaco raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Reid offered House Amendment No. 3.
House Amendment No. 3
AMEND House Substitute for House Committee Substitute for House Bill No. 1076, Page 6, Section 167.645, Line 1 of said page, by adding after all of said line, the following:
"11. Each school district shall make an effort to systematically inform parents of the methods and materials used to teach reading in grades kindergarten through three, in terms understandable to a lay person."
Representative Relford raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.
The Chair ruled the point of order not well taken.
Representative Davis (122) offered House Substitute Amendment No. 1 for House Amendment No. 3.
House Substitute Amendment No. 1
for
House Amendment No. 3
AMEND House Substitute for House Committee Substitute for House Bill No. 1076, Page 6, Section 167.645, Line 1 of said page, by adding after all of said line, the following:
"11. Each school district shall make an effort to systematically inform parents of the methods and materials used to teach reading in grades kindergarten through 4 (four), in terms understandable to a lay person."
On motion of Representative Davis (122), House Substitute Amendment No. 1 for House Amendment No. 3 was adopted.
Representative Bennett offered House Amendment No. 4.
Representative Relford raised a point of order that House Amendment No. 4 goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Hartzler (124) offered House Amendment No. 4.
Representative Relford raised a point of order that House Amendment No. 4 goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Reinhart offered House Amendment No. 4.
Representative Relford raised a point of order that House Amendment No. 4 goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Purgason offered House Amendment No. 4.
Representative Relford raised a point of order that House Amendment No. 4 goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Reid offered House Amendment No. 4.
Representative Relford raised a point of order that House Amendment No. 4 is not germane to the bill.
The Chair ruled the point of order well taken.
Representative Purgason offered House Amendment No. 4.
Representative Relford raised a point of order that House Amendment No. 4 is dilatory.
Representative Monaco raised an additional point of order that House Amendment No. 4 goes beyond the scope of the bill.
The Chair ruled the first point of order not well taken.
The Chair ruled the second point of order well taken.
Representative Reid offered House Amendment No. 4.
House Amendment No. 4
AMEND House Substitute for House Committee Substitute for House Bill No. 1076, Page 6, Section B, Line 8 of said page, by adding after all of said line, the following:
"Section C. Chapter 170, RSMo, is amended by adding thereto one new section, to be known as section 170.014, to read as follows:
170.014. 1. This section shall be known as the "Reading Instruction Act" and is enacted to ensure that all public schools provide developmentally appropriate phonics instruction in grades kindergarten through three as a significant component of a program of balanced reading instruction and that all teachers who teach reading in grades kindergarten through three receive adequate training in the teaching of developmentally appropriate
phonics.
2. As used in this section, the following terms mean:
(1) "Grammar", the rules and conventions of standard English, including the construction of sentences, the classification, derivation and properties of words, and spelling;
(2) "Phonics instruction", the teaching of sound-symbol correspondence and the rules and generalizations that govern these correspondences, including phonemics, which is the recognition of the boundaries of phonetic elements;
(3) "Developmentally appropriate", instruction and interaction within the age and developmental level of the learner, as ascertained by the best current research.
3. Developmentally appropriate phonics instruction shall be provided in every public school in the state in grades kindergarten through three as a significant component of a program of balanced reading instruction. Nothing in this act shall be construed to require that every child be taught phonics; however, developmentally appropriate phonics instruction shall be available in every elementary school building.; and
Further amend the title accordingly.
Representative Relford raised a point of order that House Amendment No. 4 goes beyond the scope of the bill.
The Chair ruled the point of order not well taken.
Representative Reid moved that House Amendment No. 4 be adopted.
Which motion was defeated by the following vote:
AYES: 061
Ballard Barnett Bartelsmeyer Bennett Berkstresser
Black Blunt Boatright Burton Champion
Chrismer Cierpiot Crawford Dolan Enz
Foster Froelker Gaskill Gibbons Graham 106
Griesheimer Gross Hanaway Hartzler 123 Hartzler 124
Hendrickson Hohulin Holand Howerton Kelley 47
King Klindt Legan Levin Linton
Lograsso Luetkemeyer Marble Miller Murphy
Myers Naeger Patek Phillips Pouche 30
Pryor Purgason Reid Reinhart Richardson
Ridgeway Robirds Ross Sallee Schwab
Scott Secrest Summers Tudor Vogel
Wright
NOES: 082
Backer Barry 100 Berkowitz Bonner Boucher 48
Boykins Bray 84 Britt Campbell Clayton
Crump Curls Davis 122 Davis 63 Days
Farnen Fitzwater Foley Ford Franklin
Fraser George Graham 24 Green Gunn
Hagan-Harrell Hampton Harlan Hegeman Hickey
Hilgemann Hollingsworth Hosmer Kelly 27 Kennedy
Kissell Koller Kreider Lakin Lawson
Leake Liese Luetkenhaus May 108 Mays 50
McBride McClelland McKenna McLuckie Merideth
Monaco Murray O'Connor O'Toole Ostmann
Overschmidt Parker Ransdall Relford Reynolds
Riley Rizzo Scheve Schilling Seigfreid
Selby Shelton Shields Skaggs Smith
Thompson Treadway Troupe Van Zandt Wagner
Ward Wiggins Williams 121 Williams 159 Wilson 25
Wilson 42 Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 019
Abel Akin Alter Auer Bartle
Carter Dougherty Elliott Evans Gambaro
Gratz Hoppe Kasten Long Loudon
Nordwald Stokan Surface Townley
VACANCIES: 001
Representative Marble offered House Amendment No. 5.
House Amendment No. 5
AMEND House Substitute for House Committee Substitute for House Bill No. 1076, Page 2, Section 160.519, Line 10, by adding after the period, the following: "No district shall be required to fund transportation costs related to this section".
Representative Marble moved that House Amendment No. 5 be adopted.
Which motion was defeated.
On motion of Representative Relford, HS HCS HB 1076, as amended, was adopted.
On motion of Representative Relford, HS HCS HB 1076, as amended, was ordered perfected and printed.
COMMITTEE REPORT
Committee on Governmental Organization and Review, Chairman Barry reporting:
Mr. Speaker: Your Committee on Governmental Organization and Review, to which was referred HB 1733, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
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 SCS SB 541, entitled:
An act to repeal section 307.375, RSMo Supp. 1999, relating to vehicle equipment regulations, and to enact in lieu thereof one new section relating to the same subject.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 633, entitled:
An act to repeal sections 301.010 and 304.170, RSMo Supp. 1999, relating to motor vehicle lengths, and to enact in lieu thereof two new sections relating to the same subject.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 743, entitled:
An act to repeal section 135.095, RSMo Supp. 1999, relating to taxation, and to enact in lieu thereof one new section relating to the same subject.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 801, entitled:
An act to repeal section 260.285, RSMo Supp. 1999, relating to tax credits, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.
Emergency clause adopted.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 881, entitled:
An act to repeal section 92.418, RSMo 1994, relating to expenditure of proceeds of tax, and to enact in lieu thereof one new section relating to the same subject.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 893, entitled:
An act to repeal section 140.160, RSMo 1994, and section 140.110, RSMo Supp. 1999, relating to ownership of property, and to enact in lieu thereof two new sections relating to the same subject.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 894, entitled:
An act to repeal sections 141.220, 141.540, 141.570, 141.700, 141.710, 141.720, 141.730, 141.740, 141.750, 141.760, 141.765, 141.770 and 141.800, RSMo 1994, relating to property ownership, and to enact in lieu thereof thirteen new sections relating to the same subject.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 907, entitled:
An act to repeal section 307.173, RSMo Supp. 1999, relating to motor vehicle safety, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 914, entitled:
An act to repeal sections 621.055, 621.155, 621.165, 621.175, 621.185, 621.189 and 621.198, RSMo 1994, relating to the administrative hearing commission, and to enact in lieu thereof three new sections relating to the same subject.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 922, entitled:
An act to repeal sections 87.230 and 87.237, RSMo 1994, relating to retirement benefits, and to enact in lieu thereof two new sections relating to the same subject.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 942, entitled:
An act to repeal section 632.486, RSMo Supp. 1999, relating to civil commitment of sexually violent predators, and to enact in lieu thereof one new section relating to the same subject.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 975, entitled:
An act to repeal section 169.280, RSMo 1994, and sections 160.420, 169.270, 169.291, 169.315 and 169.324, RSMo Supp. 1999, relating to teacher and school retirement systems, and to enact in lieu thereof six new sections relating to the same subject.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 558, entitled:
An act to repeal section 278.130, RSMo 1994, and section 278.080, RSMo Supp. 1999, as enacted by senate bill no. 3 of the first regular session of the eighty-eighth general assembly, and section 278.080, RSMo Supp. 1999, as enacted by senate bill no. 65 of the first regular session of the eighty-eighth general assembly, relating to the state soil and water districts commission, and to enact in lieu thereof three new sections relating to the same subject, with an emergency clause.
Emergency clause adopted.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SB 576, entitled:
An act to amend chapters 33 and 570, RSMo, relating to stealing and related offenses by adding thereto seventeen new sections relating to financial exploitation of the elderly or disabled, with penalty provisions.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 618, entitled:
An act to repeal section 217.015, RSMo Supp. 1999, relating to the department of corrections, and to enact in lieu thereof two new sections relating to the same subject.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 642, entitled:
An act to repeal section 476.690, RSMo Supp. 1999, relating to judicial retirement, and to enact in lieu thereof one new section relating to the same subject.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 721, entitled:
An act to repeal sections 209.251, 209.253, 209.255, 209.258 and 209.259, RSMo Supp. 1999, relating to telecommunications for persons with disabilities, and to enact in lieu thereof five new sections relating to the same subject.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 741, entitled:
An act to repeal section 247.031, RSMo, and sections 644.566, 644.568 and 644.570 as enacted by conference committee substitute for senate substitute for senate committee substitute for house substitute for house bill no. 450 of the first regular session of the ninetieth general assembly, and sections 644.566, 644.568 and 644.570 as enacted by house committee substitute for senate substitute for senate committee substitute for senate bill nos. 160 and 82 of the first regular session of the ninetieth general assembly, relating to issuance of bonds for water pollution and storm water control, and to enact in lieu thereof seven new sections relating to the same subject.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS#2 SCS SBs 757 & 602, entitled:
An act to repeal sections 210.145, 210.152, 210.192, 210.195, 491.074, 566.025, 566.067, 566.068, 573.010, 573.020, 573.025, 573.035, 573.037 and 660.520, RSMo 1994, and sections 210.109, 210.115, 210.150 and 559.115, RSMo Supp. 1999, and to enact in lieu thereof twenty-one new sections relating to the protection of children, with penalty provisions.
In which the concurrence of the House is respectfully requested.
INTRODUCTION OF HOUSE BILLS
The following House Bills were read the first time and copies ordered printed:
HB 2104, introduced by Representative Purgason, relating to tax credits for individuals who purchase home security devices.
HB 2105, introduced by Representative Van Zandt, relating to the animal shelter grant fund.
HB 2106, introduced by Representatives Gibbons and Graham (24), relating to the issuance of disabled license plates, windshield disabled hanging placards and the use of designated disabled parking spaces.
HB 2107, introduced by Representative Hendrickson, relating to adult establishments.
HB 2108, introduced by Representative Naeger, relating to small claims court procedure.
HB 2109, introduced by Representative Kennedy, relating to the participation of financial institutions in sponsorship and mentoring programs.
ADJOURNMENT
On motion of Representative Crump, the House adjourned until 10:00 a.m., Wednesday, March 8, 2000.
COMMITTEE MEETINGS
ACCOUNTS, OPERATIONS, AND FINANCE
Wednesday, March 8, 2000. Side gallery upon morning adjournment.
AGRICULTURE
Thursday, March 9, 2000. Side gallery upon noon adjournment.
Executive Session.
To be considered - HB 1811
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
Wednesday, March 8, 2000, 7:30 pm. Hearing Room 3.
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
CIVIL AND ADMINISTRATIVE LAW
Wednesday, March 8, 2000. Hearing Room 1 upon morning adjournment.
AMENDED NOTICE.
To be considered - HB 1646, HB 1664, Executive Session - HB 1929, Executive Session - HB 1997
CONSUMER PROTECTION AND HOUSING
Thursday, March 9, 2000. Side gallery upon adjournment.
To be considered - Executive Session - HB 1281, Executive Session - HB 1877
CRIMINAL LAW
Wednesday, March 8, 2000, 8:00 pm. Hearing Room 7.
Executive Session may follow. CANCELLED.
To be considered - HB 1528, HB 1851, HB 1920, HB 2010
ENVIRONMENT AND ENERGY
Thursday, March 9, 2000. Side gallery upon morning adjournment.
Executive Session.
To be considered - HB 1619, HB 1655, HB 2025
MISCELLANEOUS BILLS AND RESOLUTIONS
Wednesday, March 8, 2000, 9:00 am. Hearing Room 6. CANCELLED.
To be considered - HB 2045, HCR 20, HR 172, HR 199
MUNICIPAL CORPORATIONS
Wednesday, March 8, 2000. Hearing Room 4 upon morning adjournment.
Executive Session.
To be considered - HB 1662, HB 2003, HB 2019
RETIREMENT
Wednesday, March 8, 2000, 8:00 pm. Hearing Room 1.
To be considered - HB 2014, HB 2054, HB 2069, HB 2073
TRANSPORTATION
Wednesday, March 8, 2000. Hearing Room 6 upon morning adjournment.
Executive Session may follow.
To be considered - HB 1972, HB 2018, HB 2024, HCR 18
WAYS AND MEANS
Wednesday, March 8, 2000. Hearing Room 4 upon afternoon adjournment.
Executive Session may follow. AMENDED NOTICE.
To be considered - HB 1498, HB 1861, HB 1956, HB 1963, HB 1983, HCR 23
HOUSE CALENDAR
THIRTY-SEVENTH DAY, WEDNESDAY, MARCH 8, 2000
HOUSE BILLS FOR SECOND READING
HB 2104 through HB 2109
HOUSE JOINT RESOLUTION FOR PERFECTION
HJR 40 - Graham (24)
HOUSE BILLS FOR PERFECTION
1 HB 1615 - Hosmer
2 HCS HB 1172, 1501, 1633, 1440, 1634, 1177 & 1430 - Davis (122)
3 HB 1238 - Hoppe
4 HCS HB 1242 - Treadway
5 HB 1472 - Smith
6 HCS HB 1434 - Skaggs
7 HCS HB 1481 - Smith
8 HCS HB 1305 - Rizzo
9 HCS HB 1574 & 1640 - Ladd Stokan
10 HCS HB 1677, 1675 & 1676 - Riback Wilson (25)
11 HCS HB 1652 & 1433 - Hoppe
12 HB 1603, HCA 1 and HCA 2 - O'Connor
13 HCS HB 1711 - Abel
14 HCS HB 1797 - Gratz
15 HCS HB 1569 - Bray
16 HCS HB 1932 - Harlan
17 HCS HB 1967 - Hoppe
18 HB 1728 - Backer
HOUSE BILLS FOR PERFECTION - INFORMAL
1 HCS HB 1362, HS, as amended, pending - Harlan
2 HCS HB 1602, as amended - Leake
3 HCS HB 1143, as amended - Scheve
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
(March 7, 2000)
1 HB 1499 - Hoppe
2 HB 1647 - Skaggs
3 HB 1631 - Hoppe
4 HB 1841 - Kreider
5 HB 1579 - Hoppe
HOUSE BILLS FOR THIRD READING
1 HS HCS HB 1254 - Kissell
2 HCS HB 1644, E.C. - Hagan-Harrell
3 HB 1443 - Koller
4 HCS HB 1737 - Monaco
5 HB 1082 - Crump
HOUSE BILLS FOR THIRD READING - CONSENT
1 HB 1353 - Farnen
2 HB 1185 - Gratz
3 HB 1085 - Selby
4 HB 1396 - Farnen
5 HB 1097 - Hosmer
6 HB 1289 - Auer
7 HB 1335 - Scheve
SENATE CONCURRENT RESOLUTION FOR SECOND READING
SCR 27
SENATE BILLS FOR SECOND READING
1 SCS SB 541
2 SCS SB 558
3 SS SB 576
4 SB 618
5 SCS SB 633
6 SB 642
7 SCS SB 721
8 SB 741
9 SB 743
10 SS#2 SCS SB 757 & 602
11 SCS SB 801
12 SB 881
13 SCS SB 893
14 SCS SB 894
15 SB 907
16 SB 914
17 SB 922
18 SB 942
19 SB 975
HOUSE RESOLUTION
HR 91, (2-24-00, pgs. 397 & 398) - Crawford
Missouri House of
Representatives