Second Regular Session, 90th General Assembly
FORTY-SEVENTH DAY, Monday, April 3, 2000
Speaker Gaw in the Chair.
Prayer by Father David Buescher.
Almighty God, You are the Holy one and the just one. Make Your dwelling in this Chamber today. May fellowship with Your spirit continue to open wide the minds and hearts of these Representatives, aligning these men and women with Your good, and giving them the power to live that out - even to bury that spirit deep in the heart of these laws to be passed. Amen.
The Pledge of Allegiance to the flag was recited.
The Speaker appointed the following to act as an Honorary Page for the Day, to serve without compensation: Abigayle Knaebel.
The Journal of the forty-sixth day was approved as corrected by the following vote:
AYES: 083
Abel Auer Backer Barry 100 Berkowitz
Bonner Boucher 48 Boykins Bray 84 Britt
Campbell 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 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 Bartelsmeyer
Bartle Bennett Black Blunt Boatright
Burton Champion Chrismer Cierpiot Crawford
Elliott Enz Evans Foster Froelker
Gaskill Gibbons Graham 106 Griesheimer Gross
Hanaway Hartzler 123 Hartzler 124 Hegeman Hendrickson
Hohulin Holand Howerton Kasten Kelley 47
King Klindt Legan Levin Linton
Lograsso Long Loudon Luetkemeyer Marble
McClelland Miller Myers Naeger Ostmann
Patek Phillips Pouche 30 Pryor Purgason
Reid Reinhart Richardson Ridgeway Robirds
Ross Sallee Schwab Scott Secrest
Shields Summers Surface Townley Tudor
Vogel Wright
PRESENT: 000
ABSENT WITH LEAVE: 006
Berkstresser Dolan Hoppe Murphy Nordwald
Stokan
VACANCIES: 002
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 783 - Representative Backer
House Resolution No. 784 - Representative Richardson
House Resolution No. 785 - Representative Naeger
House Resolution No. 786 - Representative Patek
House Resolution No. 787 - Representative Williams (159)
House Resolution No. 788 - Representative Gross
House Resolution No. 789 - Representative Ross
House Resolution No. 790
through
House Resolution No. 803 - Representatives Enz and Murphy
House Resolution No. 804
through
House Resolution No. 817 - Representatives Enz and Hendrickson
House Resolution No. 818 - Representative Luetkemeyer
House Resolution No. 819 - Representative Davis (122)
House Resolution No. 820 - Representative McClelland
House Resolution No. 821 - Representative Scott
House Resolution No. 822 - Representative Scott
House Resolution No. 823 - Representative Van Zandt
House Resolution No. 824 - Representative Berkowitz
House Resolution No. 825 - Representative Reynolds, et al
House Resolution No. 826
through
House Resolution No. 829 - Representative Ward
House Resolution No. 830 - Representative Evans
SECOND READING OF HOUSE BILL
HB 2148 was read the second time.
SECOND READING OF SENATE BILL
SB 1049 was read the second time.
PERFECTION OF HOUSE BILL
HCS HB 1434, relating to amusement rides, was taken up by Representative Skaggs.
Representative Skaggs offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for House Bill No. 1434, In the Title, Line 2, by deleting the period "." at the end of said line and inserting in lieu thereof the following: ", with an effective date."; and
Further amend said bill, Page 4, Section 316.210, Line 25, by inserting after all of said section, the following:
"Section B. Sections 316.203 to 316.210 shall become effective on January 1, 2001."; and
Further amend the title, enacting clause, and intersectional references accordingly.
On motion of Representative Skaggs, House Amendment No. 1 was adopted.
Representative Skaggs offered House Amendment No. 2.
House Amendment No. 2
AMEND House Committee Substitute for House Bill No. 1434, Page 2, Section 316.204, Line 2, by striking the word "seven" and inserting in lieu thereof the word "nine"; and
Further amend said bill and section, Line 3, by striking the word "six" and inserting in lieu thereof the word "eight"; and
Further amend said bill and section, Line 10, by striking the word "Two" and inserting in lieu thereof the word "Three"; and
Further amend said bill and section, Line 11, by striking the word "Two" and inserting in lieu thereof the word "Three".
On motion of Representative Skaggs, House Amendment No. 2 was adopted.
Representative Reynolds offered House Amendment No. 3.
House Amendment No. 3
AMEND House Committee Substitute for House Bill No. 1434, Page 1, Section A, Line 3, by inserting after all of said line the following:
"290.505. [1.] No employer shall employ any of his or her employees for a workweek longer than forty hours unless such employee receives compensation for his or her employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he or she is employed.
[2. Employees of an amusement or recreation business that meets the criteria set out in 29 USC 213(a)(3) must be paid one and one-half times their regular compensation for any hours worked in excess of fifty-two hours in any one-week period.]"; and
Further amend said title, enacting clause and intersectional references accordingly.
Representative Reynolds moved that House Amendment No. 3 be adopted.
Which motion was defeated by the following vote:
AYES: 074
Abel Auer Backer Barry 100 Berkowitz
Bonner Boucher 48 Boykins Bray 84 Britt
Clayton Crump Curls Davis 63 Days
Farnen Foley Ford Franklin Fraser
Gambaro George Graham 24 Green Gunn
Hagan-Harrell Harlan Hickey Hilgemann Hollingsworth
Hosmer Kelly 27 Kennedy Kissell Koller
Kreider Lakin Leake Levin Liese
Luetkenhaus May 108 Mays 50 McBride McKenna
McLuckie Monaco Murray O'Connor O'Toole
Overschmidt Parker Reid Reynolds Riley
Rizzo Scheve Schilling Seigfreid Selby
Shelton Smith Thompson Treadway Troupe
Wagner Ward Wiggins Williams 121 Williams 159
Wilson 25 Wilson 42 Wright Mr. Speaker
NOES: 081
Akin Alter Ballard Barnett Bartelsmeyer
Bartle Bennett Black Blunt Boatright
Burton Campbell Champion Chrismer Cierpiot
Crawford Davis 122 Dolan Elliott Enz
Evans Fitzwater Foster Froelker Gaskill
Gibbons Graham 106 Gratz Griesheimer Gross
Hampton Hanaway Hartzler 123 Hartzler 124 Hegeman
Hendrickson Hohulin Holand Howerton Kasten
Kelley 47 King Klindt Lawson Legan
Linton Lograsso Long Loudon Luetkemeyer
Marble McClelland Merideth Miller Myers
Naeger Ostmann Patek Phillips Pouche 30
Pryor Purgason Ransdall Reinhart Relford
Richardson Ridgeway Robirds Ross Sallee
Schwab Scott Secrest Shields Skaggs
Summers Surface Townley Tudor Van Zandt
Vogel
PRESENT: 000
ABSENT WITH LEAVE: 006
Berkstresser Dougherty Hoppe Murphy Nordwald
Stokan
VACANCIES: 002
Representative Wright offered House Amendment No. 4.
House Amendment No. 4 was withdrawn.
On motion of Representative Skaggs, HCS HB 1434, as amended, was adopted.
On motion of Representative Skaggs, HCS HB 1434, as amended, was ordered perfected and printed.
RECONSIDERATION
Representative Schilling, having voted on the prevailing side, moved that the vote by which HB 1841 (Consent) was defeated on Third Reading and Final Passage, be reconsidered.
Which motion was adopted by the following vote:
AYES: 089
Abel Auer Backer Barnett Barry 100
Berkowitz Bonner Boucher 48 Boykins Bray 84
Britt Campbell Champion 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
Hartzler 124 Hickey Hilgemann Holand Hollingsworth
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 Reid
Relford Reynolds Riley Rizzo Robirds
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: 058
Akin Alter Ballard Bartelsmeyer Bartle
Bennett Blunt Boatright Burton Chrismer
Cierpiot Dolan Elliott Enz Evans
Foster Froelker Gaskill Gibbons Graham 106
Griesheimer Gross Hanaway Hartzler 123 Hendrickson
Hohulin Howerton Kasten Kelley 47 King
Linton Lograsso Loudon Luetkemeyer Marble
McClelland Myers Naeger Ostmann Phillips
Pouche 30 Pryor Purgason Reinhart Richardson
Ridgeway Ross Sallee Schwab Scott
Secrest Shields Summers Surface Townley
Tudor Vogel Wright
PRESENT: 008
Black Crawford Hegeman Klindt Levin
Long Miller Patek
ABSENT WITH LEAVE: 006
Berkstresser Hoppe Legan Murphy Nordwald
Stokan
VACANCIES: 002
HB 1841, relating to noxious weeds, was taken up by Representative Kreider.
On motion of Representative Kreider, HB 1841 was read the third time and passed by the following vote:
AYES: 129
Abel Auer Backer Barnett Barry 100
Bennett Berkowitz Black Blunt Boucher 48
Boykins Bray 84 Britt Burton Campbell
Champion Chrismer Clayton Crump Curls
Davis 122 Davis 63 Days Dolan Dougherty
Elliott Enz Farnen Fitzwater Foley
Ford Foster Franklin Fraser Gambaro
Gaskill George Gibbons Graham 106 Graham 24
Gratz Green Gross Gunn Hagan-Harrell
Hampton Hanaway Harlan Hartzler 124 Hegeman
Hickey Hilgemann Holand Hollingsworth Hosmer
Howerton Kelly 27 Kennedy King Kissell
Klindt Koller Kreider Lakin Lawson
Leake Legan Liese Linton Long
Loudon Luetkenhaus Marble May 108 Mays 50
McBride McClelland McKenna McLuckie Merideth
Miller Monaco Murray Myers Naeger
O'Connor O'Toole Ostmann Overschmidt Parker
Patek Pryor Ransdall Reid Reinhart
Relford Reynolds Richardson Riley Rizzo
Robirds Sallee Scheve Schilling Schwab
Scott Seigfreid Selby Shelton Shields
Skaggs Smith Summers Surface Thompson
Treadway Troupe Tudor Van Zandt Vogel
Wagner Ward Wiggins Williams 121 Williams 159
Wilson 25 Wilson 42 Wright Mr. Speaker
NOES: 024
Akin Alter Ballard Bartelsmeyer Bartle
Boatright Crawford Evans Froelker Griesheimer
Hartzler 123 Hendrickson Hohulin Kasten Kelley 47
Levin Lograsso Phillips Pouche 30 Purgason
Ridgeway Ross Secrest Townley
PRESENT: 001
Luetkemeyer
ABSENT WITH LEAVE: 007
Berkstresser Bonner Cierpiot Hoppe Murphy
Nordwald Stokan
VACANCIES: 002
Speaker Gaw declared the bill passed.
On motion of Representative Gambaro, title to the bill was agreed to.
Representative Fraser moved that the vote by which the bill passed be reconsidered.
Representative Hollingsworth moved that motion lay on the table.
The latter motion prevailed.
Representative Riback Wilson (25), having voted on the prevailing side, moved that the vote by which HB 1685 (Consent) was defeated on Third Reading and Final Passage, be reconsidered.
Which motion was adopted by the following vote:
AYES: 082
Abel Auer Backer Barry 100 Berkowitz
Bonner Boucher 48 Boykins Bray 84 Britt
Campbell Clayton Crump Curls Davis 122
Davis 63 Days Dougherty Farnen Fitzwater
Foley Ford Franklin Fraser Gambaro
George Graham 24 Gratz Gunn 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 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: 071
Akin Alter Ballard Barnett Bartelsmeyer
Bartle Bennett 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 Howerton Kasten Kelley 47
King Klindt Legan Levin Linton
Lograsso Loudon Luetkemeyer Marble McClelland
Miller Myers Naeger Ostmann Patek
Phillips Pouche 30 Pryor Purgason Reid
Reinhart Richardson Ridgeway Robirds Ross
Sallee Schwab Scott Secrest Shields
Summers Surface Townley Tudor Vogel
Wright
PRESENT: 001
Holand
ABSENT WITH LEAVE: 007
Berkstresser Green Hoppe Long Murphy
Nordwald Stokan
VACANCIES: 002
HB 1685 held its place on the House Bills for Third Reading - Consent Calendar.
REFERRAL OF SENATE BILL
The following Senate Bill was referred to the Committee indicated:
SB 753 - Commerce
INTRODUCTION OF HOUSE CONCURRENT RESOLUTION
The following House Concurrent Resolution was read the first time and copies ordered printed:
HCR 32, introduced by Representatives Loudon, Alter, Enz, Froelker, Hendrickson and McClelland, urging the Governor to allow St. Louis to opt out of the EPA's reformulated gasoline program until a safer substitute for methyl tertiary butyl ether (MTBE) is found.
INTRODUCTION OF HOUSE BILL
The following House Bill was read the first time and copies ordered printed:
HB 2149, introduced by Representative Evans, relating to tax relief.
ADJOURNMENT
On motion of Representative Crump, the House adjourned until 10:00 a.m., Tuesday, April 4, 2000.
CORRECTIONS TO THE HOUSE JOURNAL
Correct House Journal, Forty-sixth Day, Thursday, March 30, 2000, pages 753 and 754, roll call, by showing Representative Kelly (27) voting "aye" rather than "absent with leave".
Pages 754 and 755, roll call, by showing Representative Howerton voting "aye" rather than "absent with leave".
Pages 759 and 760, roll call, by showing Representative Chrismer voting "aye" rather than "absent with leave".
Pages 760 and 761, roll call, by showing Representative Barry voting "aye" rather than "no".
Pages 760 and 761, roll call, by showing Representatives Gross and Phillips voting "aye" rather than "absent with leave".
Page 762, roll call, by showing Representative Surface voting "aye" rather than "absent with leave".
Page 763, roll call, by showing Representatives Phillips, Purgason, Ross, Selby and Surface voting "aye" rather than "absent with leave".
COMMITTEE MEETINGS
AGRICULTURE
Wednesday, April 5, 2000. Hearing Room 7 upon morning adjournment.
Executive Session may follow.
To be considered - SB 540, SCR 27
APPROPRIATIONS - GENERAL ADMINISTRATION
Tuesday, April 4, 2000, 8:30 am. Hearing Room 7.
Executive Session may follow.
To be considered - HB 1113
BUDGET
Tuesday, April 4, 2000, 1:00 pm. Hearing Room 3.
Executive Session. To be considered - HB 1120
CIVIL AND ADMINISTRATIVE LAW
Wednesday, April 5, 2000. Hearing Room 1 upon morning adjournment.
AMENDED.
To be considered - HB 2126, SB 557, SB 722, SB 836, SB 858, SB 914, SB 942
CONSUMER PROTECTION AND HOUSING
Tuesday, April 4, 2000, 8:00 pm. Hearing Room 1.
Possible Executive Session to follow.
To be considered - HB 2057, SB 643
CORRECTIONAL AND STATE INSTITUTIONS
Tuesday, April 4, 2000, 8:00 pm. Hearing Room 7.
Executive Session may follow.
To be considered - SB 555, SB 618, SB 789, SB 985
CRIMINAL LAW
Wednesday, April 5, 2000, 8:00 pm. Hearing Room 7.
Executive Session may follow.
To be considered - HB 1528, HB 1658, HB 1851, HB 1920, HB 2010, SB 996
EDUCATION - HIGHER
Wednesday, April 5, 2000. Hearing Room 5 upon morning adjournment.
To be considered - SB 910, SB 953, SB 961
GOVERNMENTAL ORGANIZATION AND REVIEW
Wednesday, April 5, 2000, 8:30 am. Hearing Room 5.
To be considered - SB 788, SCR 21
LABOR
Tuesday, April 4, 2000, 8:00 pm. Hearing Room 3.
To be considered - HB 1707, HB 2135, SB 709, SB 734
LOCAL GOVERNMENT AND RELATED MATTERS
Tuesday, April 4, 2000. Hearing Room 7 upon morning adjournment.
Executive Session may follow.
To be considered - SB 542, SB 719, SB 893, SB 915
MOTOR VEHICLE AND TRAFFIC REGULATIONS
Tuesday, April 4, 2000, 9:00 am. Hearing Room 1.
To be considered - SB 765, SB 907
PROFESSIONAL REGISTRATION AND LICENSING
Wednesday, April 5, 2000, 6:30 pm. Hearing Room 5.
To be considered - HB 2079, SB 663, SB 883, SB 921
PUBLIC HEALTH
Tuesday, April 4, 2000, 12:30 pm. Hearing Room 4.
Possible Executive Session.
To be considered - HB 2027, HB 2050, SB 685, SB 976
PUBLIC SAFETY AND LAW ENFORCEMENT
Tuesday, April 4, 2000, 9:00 am. Hearing Room 6.
Executive Session may follow.
To be considered - HB 2009, SB 537, SB 769
RETIREMENT
Wednesday, April 5, 2000, 8:00 pm. Hearing Room 1.
Executive Session follows.
To be considered - HB 2090, SB 616, SB 642, SB 821, SB 922, SB 975
SOCIAL SERVICES, MEDICAID AND THE ELDERLY
Tuesday, April 4, 2000, 7:30 pm. Hearing Room 6.
Presentation on Medicaid spend down. AMENDED.
STATE PARKS, NATURAL RESOURCES AND MINING
Wednesday, April 5, 2000, 9:30 am. Hearing Room 4.
Possible Executive Session.
To be considered - SB 657
WAYS AND MEANS
Tuesday, April 4, 2000. Hearing Room 6 upon morning adjournment.
Executive Session possible.
To be considered - HB 1316, HB 1829, HB 2063, HCR 11
HOUSE CALENDAR
FORTY-EIGHTH DAY, TUESDAY, APRIL 4, 2000
HOUSE CONCURRENT RESOLUTION FOR SECOND READING
HCR 32
HOUSE BILL FOR SECOND READING
HB 2149
HOUSE JOINT RESOLUTION FOR PERFECTION
HJR 40 - Graham (24)
HOUSE BILLS FOR PERFECTION
1 HCS HB 1305 - Rizzo
2 HCS HB 1574 & 1640 - Britt
3 HCS HB 1677, 1675 & 1676 - Riback Wilson (25)
4 HCS HB 1652 & 1433 - Hoppe
5 HB 1603, HCA 1 and HCA 2 - O'Connor
6 HCS HB 1711 - Abel
7 HCS HB 1797 - Gratz
8 HCS HB 1569 - Bray
9 HCS HB 1932 - Harlan
10 HCS HB 1967 - Hoppe
11 HB 1728, HCA 1 - 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
4 HB 1472 - Smith
HOUSE BILLS FOR THIRD READING
1 HS HB 1615, E.C. (Fiscal Review, 3-29-00) - Hosmer
2 HS HCS HB 1242 - Treadway
3 HS HB 1238 - Hoppe
4 HS HCS HB 1481, (Fiscal Review, 3-30-00) - Smith
HOUSE BILLS FOR THIRD READING - CONSENT
1 HB 1685 - Smith
2 HB 1454 - Hoppe
3 HB 1499 - Hoppe
4 HB 1631 - Hoppe
5 HB 1579 - Hoppe
6 HB 1597 - Auer
7 HB 1284 - Kissell
8 HB 1659 - Summers
9 HB 1340 - Klindt
10 HB 1828 - Gross
11 HB 1095 - Richardson
12 HB 1358 - Loudon
13 HB 1275 - Chrismer
HOUSE BILL FOR THIRD READING - CONSENT - INFORMAL
HB 1825 - Klindt
SENATE BILL FOR THIRD READING
HCS SS SB 549, E.C. - Van Zandt
HOUSE RESOLUTION
HR 91, (2-24-00, pgs. 397 & 398) - Crawford
Missouri House of
Representatives