Journal of the House

First Regular Session, 91st General Assembly

THIRTY-FIRST DAY, Thursday, February 22, 2001

Speaker Kreider in the Chair.

Prayer by Reverend Rudy Beard.

Lord of Life: we would know You better than we do, that we may love You more than we have, and so be more useful to our neighbors. Help us to seek Your will, to sense Your presence and to pay attention.

Bless the members and staff of this House, that what they do may encourage the most needy in our state. Make them ready to act when You show them the way. And keep their families in Your protective love this day. To You be glory and honor. 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: Victoria Clodfelter, Abby Kohn, Rebecca Swank, Wendie Weldon, Justin Mayhugh, Kiajuana Whimper and Taleen Wadley.

The Journal of the thirtieth day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 550 - Representatives Luetkemeyer and Vogel

House Resolution No. 551 - Representative Boucher

House Resolution No. 552

and

House Resolution No. 553 - Representative Jetton

House Resolution No. 554

and

House Resolution No. 555 - Representative Richardson

House Resolution No. 556 - Representative Levin

House Resolution No. 557 - Representative Shoemyer

House Resolution No. 558 - Representative Berkowitz

House Resolution No. 559

and

House Resolution No. 560 - Representative Crawford

House Resolution No. 561 - Representative Skaggs

SECOND READING OF HOUSE JOINT RESOLUTION

HJR 16 was read the second time.

SECOND READING OF HOUSE BILL - APPROPRIATIONS

HB 8 was read the second time.

SECOND READING OF HOUSE BILLS

HB 843 through HB 857 were read the second time.

SECOND READING OF SENATE BILLS

SCS SB 10, SB 216, SB 219, SB 258 and SB 274 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 HCS HB 567, 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 - APPROPRIATIONS

HCS HB 15, relating to appropriations, was taken up by Representative Green (73).

Representative Green (73) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 15, Page 3, Section 15.065, Line 4, by inserting immediately after said line one new section to read as follows:

"Section 15.070. There is transferred out of the State Treasury, chargeable to the Healthy Families Trust Fund, One Hundred Twenty-Six Million, Nine Hundred Thousand Dollars ($126,900,000) to the General Revenue Fund

From Healthy Families Trust Fund $126,900,000E"

Representative Green (73) moved that House Amendment No. 1 be adopted.

Which motion was defeated by the following vote:

HCS HB 15 was placed on the Informal Calendar.

THIRD READING OF HOUSE BILLS

HCS HBs 205, 323 & 549, relating to conservation commission, was taken up by Representative Relford.

On motion of Representative Relford, HCS HBs 205, 323 & 549 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

HB 219, relating to fence law, was taken up by Representative Townley.

On motion of Representative Townley, HB 219 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

HCS HBs 441, 94 & 244, relating to veterans' recognition, was taken up by Representative Holt.

On motion of Representative Holt, HCS HBs 441, 94 & 244 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

HB 163, relating to highway patrol revolving fund, was taken up by Representative Berkowitz.

On motion of Representative Berkowitz, HB 163 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

HB 621, relating to penitentiary redevelopment commission, was taken up by Representative Gratz.

On motion of Representative Gratz, HB 621 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

HB 575, relating to motor vehicle franchises, was taken up by Representative O'Connor.

On motion of Representative O'Connor, HB 575 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

THIRD READING OF HOUSE JOINT RESOLUTION

HJR 5, relating to school district bond elections, was taken up by Representative Barry.

On motion of Representative Barry, HJR 5 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

REFERRAL OF HOUSE BILL - APPROPRIATIONS

The following House Bill was referred to the Committee indicated:

HB 8 - Budget

REFERRAL OF HOUSE BILL

The following House Bill was referred to the Committee indicated:

HB 466 - Missouri Tobacco Settlement

REFERRAL OF SENATE BILL

The following Senate Bill was referred to the Committee indicated:

SB 256 - Miscellaneous Bills & Resolutions

COMMITTEE REPORTS

Committee on Banks and Financial Institutions, Chairman Liese reporting:

Mr. Speaker: Your Committee on Banks and Financial Institutions, to which was referred HB 801, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Civil and Administrative Law, Chairman Smith reporting:

Mr. Speaker: Your Committee on Civil and Administrative Law, to which was referred HB 237, HB 270, HB 403 and HB 442, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Criminal Law, Chairman Hosmer reporting:

Mr. Speaker: Your Committee on Criminal Law, to which was referred HB 265 and HB 369, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Education-Higher, Chairman Williams reporting:

Mr. Speaker: Your Committee on Education-Higher, to which was referred HB 26, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Mr. Speaker: Your Committee on Education-Higher, to which was referred HB 166, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Education-Higher, to which was referred HB 194, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Mr. Speaker: Your Committee on Education-Higher, to which was referred HB 218, 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 421, begs leave to report it has examined the same and recommends that it Do Pass.

Committee on Miscellaneous Bills & Resolutions, Chairman O'Toole reporting:

Mr. Speaker: Your Committee on Miscellaneous Bills & Resolutions, to which was referred HB 425, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Professional Registration and Licensing, Chairman Treadway reporting:

Mr. Speaker: Your Committee on Professional Registration and Licensing, to which was referred HB 431, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Public Safety, Law Enforcement and Veteran Affairs, Chairman Boucher reporting:

Mr. Speaker: Your Committee on Public Safety, Law Enforcement and Veteran Affairs, to which was referred HB 253, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Ways and Means, Chairman Kennedy reporting:

Mr. Speaker: Your Committee on Ways and Means, to which was referred HB 114, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Ways and Means, to which was referred HB 170, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

INTRODUCTION OF HOUSE BILLS

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

HB 858, introduced by Representatives Selby, McKenna, Scheve, Abel, Carnahan, Fraser, Van Zandt, Campbell, Shelton and Boucher, et al, relating to animal care facilities.

HB 859, introduced by Representatives Hilgemann, Gambaro, Johnson (61), Coleman and Carnahan, et al, relating to housing grants for new public school teachers.

HB 860, introduced by Representatives Hilgemann, Kennedy, Boykins, Gambaro, Coleman and Johnson (61), et al, relating to compulsory age for school attendance.

HB 861, introduced by Representative Ford, relating to the revitalization of certain cities.

HB 862, introduced by Representatives Clayton and Richardson, relating to fees for court transcripts.

HB 863, introduced by Representatives Dempsey and Gambaro, relating to the executive-level hiring practices of the St. Louis police force.

HB 864, introduced by Representatives Dempsey, Bearden and Portwood, relating to state aid for public schools.

HB 865, introduced by Representative Davis, relating to building-level school accountability report cards.

HB 866, introduced by Representative Boucher, relating to gaming proceeds.

HB 867, introduced by Representatives Walton and Johnson (90), et al, relating to presidential electors.

HB 868, introduced by Representatives Merideth, Gambaro, Barnitz, Shoemyer, Berkowitz, Myers, Lawson, Wiggins, Relford and Mayer, et al, relating to the use of biodiesel to fuel school buses in school districts.

HB 869, introduced by Representatives Merideth, Richardson, Crowell, Mayer and Myers, et al, relating to state funding for the education of certain disabled students.

HB 870, introduced by Representatives Merideth, Holand, Green (73), Moore, Black and Myers, relating to the grandparents as foster parents program.

HB 871, introduced by Representative Fraser, relating to the use of epinephrine by emergency medical technicians.

HB 872, introduced by Representatives Naeger, Schwab, Townley, Hunter, Reinhart, Burcham and Jetton, relating to the mandatory transportation of, and a tax credit for the transportation costs of, nonpublic school students.

HB 873, introduced by Representatives Naeger, Reinhart, Nordwald and Holand, relating to on-site sewage treatment systems.

HB 874, introduced by Representatives Naeger, Portwood, Froelker, Reinhart, Champion, Wright and Bartelsmeyer, et al, relating to health care for uninsured children.

HB 875, introduced by Representative Barnitz, relating to urban development.

HB 876, introduced by Representatives Jetton, Luetkenhaus, Reinhart, Kelly (36), Crowell, Hunter, Reid, Naeger, Selby and Barry, et al, relating to pharmacies and pharmacists.

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 136, entitled:

An act to repeal sections 194.300, 194.302 and 302.171, RSMo 2000, relating to anatomical donation, 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 252, entitled:

An act to authorize the conveyance of certain properties between the Missouri national guard and the city of Joplin.

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 301, entitled:

An act to authorize the conveyance of property owned by Missouri Western State College to the University of Missouri Extension Council of Buchanan County for use as an extension office.

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 304, entitled:

An act to repeal section 456.183, RSMo 2000, relating to trustees' resignation and removal, 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 12, entitled:

An act to repeal section 484.020, RSMo 2000, relating to the practice of law, 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 SCS SBs 44 & 59, entitled:

An act to repeal sections 207.020, 453.005, 453.010, 453.070 and 453.080, RSMo 2000, relating to adoption, and to enact in lieu thereof eight new sections relating to the same subject.

In which the concurrence of the House is respectfully requested.

COMMITTEE CHANGE

The Speaker submitted the following Committee change:

Representative Carnahan has been appointed a member of the Workers Compensation and Employment Security Committee.

The following member's presence was noted: Skaggs.

ADJOURNMENT

On motion of Representative Crump, the House adjourned until 4:00 p.m., Monday, February 26, 2001.

CORRECTIONS TO THE HOUSE JOURNAL

Correct House Journal, Thirtieth Day, Wednesday, February 21, 2001, page 451, line 5, by inserting immediately after said line the following:

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

Mr. Speaker: Your Committee on Education-Elementary and Secondary, to which was referred HB 334, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Pages 448 and 449, roll call, by showing Representative O'Connor voting "no" rather than "aye".

Page 454, line 11, by inserting after said line the following:

The following members' presence was noted: Hollingsworth and Myers.

COMMITTEE MEETINGS

APPROPRIATIONS - SOCIAL SERVICES

Monday, February 26, 2001, 12:00 pm. Hearing Room 3.

Mark-up and possible Executive Session.

To be considered - HB 11

APPROPRIATIONS - SOCIAL SERVICES

Tuesday, February 27, 2001. Hearing Room 3 upon adjournment.

Mark-up and possible Executive Session.

To be considered - HB 11

BUDGET

Tuesday, February 27, 2001, 8:00 am. Hearing Room 3.

To be considered - HB 4, HB 5, HB 6

BUDGET

Tuesday, February 27, 2001, 3:00 pm. Hearing Room 3.

To be considered - HB 5, HB 6, HB 7

BUDGET

Tuesday, February 27, 2001, 7:30 pm. Hearing Room 3.

To be considered - HB 6, HB 7, HB 8

BUDGET

Wednesday, February 28, 2001, 8:00 am. Hearing Room 3.

To be considered - HB 7, HB 8, HB 9

BUDGET

Wednesday, February 28, 2001, 3:00 pm. Hearing Room 3.

To be considered - HB 8, HB 9, HB 10

BUDGET

Wednesday, February 28, 2001, 7:30 pm. Hearing Room 3.

To be considered - HB 9, HB 10, HB 11, HB 12

CIVIL AND ADMINISTRATIVE LAW

Wednesday, February 28, 2001, 3:00 pm. Hearing Room 1.

To be considered - HB 467, HB 537, HB 693, HB 712, Executive Session - HB 464

COMMERCE AND ECONOMIC DEVELOPMENT

Tuesday, February 27, 2001, 3:00 pm. Hearing Room 6.

Executive Session may follow.

To be considered - HB 780

CORRECTIONAL & STATE INSTITUTIONS

Tuesday, February 27, 2001, 8:00 pm. Hearing Room 7.

Executive Session will follow.

To be considered - HB 152, HB 528, HB 531, HB 600, HB 779

CRIMINAL LAW

Wednesday, February 28, 2001, 8:00 pm. Hearing Room 7. AMENDED NOTICE.

To be considered - HB 378, HB 471, HB 510, HB 533, HB 563, HB 572, HB 641, HB 707, HB 724

CRITICAL ISSUES, CONSUMER PROTECTION AND HOUSING

Monday, February 26, 2001, 8:00 pm. Hearing Room 3.

Executive Session may follow.

To be considered - HB 145, HB 146, HB 511

EDUCATION - HIGHER

Wednesday, February 28, 2001, 3:00 pm. Hearing Room 5.

Possible Executive Session.

To be considered - HB 636, HB 683, HB 769

ELECTIONS

Tuesday, February 27, 2001, 7:30 pm. Hearing Room 5.

To be considered - HB 538, HB 541, HB 577, HB 627, HB 678

FISCAL REVIEW AND GOVERNMENT REFORM

Tuesday, February 27, 2001, 8:30 am. Hearing Room 7.

To be considered - HB 144, HB 207, HB 223, HB 328, HB 656, HJR 12,

Executive Session - HB 592

FISCAL REVIEW AND GOVERNMENT REFORM

Tuesday, February 27, 2001, 5:30 pm. Hearing Room 6.

Governing for Results.

Speaker Ron Snell, Director of Economics, Fiscal & Human Resources - NCSL

INSURANCE

Tuesday, February 27, 2001. Hearing Room 5 upon morning adjournment.

To be considered - HB 673, HB 713, HB 764, HB 793, HB 798, Executive Session - HB 212, Executive Session - HB 459, Executive Session - HB 542, Executive Session - HB 646

JOINT COMMITTEE ON LEGISLATIVE RESEARCH

Monday, February 26, 2001, 2:30 pm. Senate Committee Room 1.

Challenge fiscal note.

To be considered - HB 88, HB 144, HB 180, HB 392, SB 65, SB 99, SB 141, SB 200

JUDICIARY

Tuesday, February 27, 2001, 3:00 pm. Hearing Room 5.

Executive Session may follow.

To be considered - HB 183, HB 456, HB 529, HB 540, HB 677

LOCAL GOVERNMENT AND RELATED MATTERS

Tuesday, February 27, 2001, 3:00 pm. Hearing Room 7.

Executive Session to follow.

To be considered - HB 515, HB 520, HB 534, HB 553, HB 571, HB 578, HB 606, HB 611, HB 727, HB 728, HB 745

MISCELLANEOUS BILLS AND RESOLUTIONS

Tuesday, February 27, 2001. Hearing Room 6 upon adjournment.

Executive Session may follow.

To be considered - HB 444, HR 152, HR 223, HR 537

MISCELLANEOUS BILLS AND RESOLUTIONS

Wednesday, February 28, 2001, 8:30 am. Hearing Room 6.

Executive Session may follow.

To be considered - HB 172, HB 186, HB 545

MOTOR VEHICLE AND TRAFFIC REGULATIONS

Tuesday, February 27, 2001, 3:00 pm. Hearing Room 1.

To be considered - HB 681, HB 684, HB 687, HB 691, HB 692, HB 708

PUBLIC SAFETY, LAW ENFORCEMENT AND VETERAN AFFAIRS

Tuesday, February 27, 2001, 8:00 am. Hearing Room 6.

Executive Session may follow.

To be considered - HB 731, HB 732, HB 733

RETIREMENT

Wednesday, February 28, 2001, 8:00 pm. Hearing Room 1. AMENDED NOTICE.

Executive Session may follow.

To be considered - HB 318, HB 426, HB 514, HB 548, HB 602, HB 660, HB 705, HB 750

SUBCOMMITTEE ON SOCIAL SERVICES, MEDICAID, AND THE ELDERLY

Monday, February 26, 2001, 11:00 am. Hearing Room 4.

Subcommittee on TANF time limits.

TOURISM, RECREATION AND CULTURAL AFFAIRS

Tuesday, February 27, 2001. Side gallery upon adjournment.

To be considered - Executive Session - HB 242

WAYS AND MEANS

Tuesday, February 27, 2001, 3:00 pm. Hearing Room 2.

Executive Session will be first.

To be considered - HB 59, HB 171, HB 225, HB 319, HB 344, HB 366, HB 590

HOUSE CALENDAR

THIRTY-SECOND DAY, MONDAY, FEBRUARY 26, 2001

HOUSE BILLS FOR SECOND READING

HB 858 through HB 876

HOUSE BILL FOR PERFECTION - APPROPRIATIONS - INFORMAL

HCS HB 15 - Green (73)

HOUSE BILLS FOR PERFECTION

1 HB 287 - Williams

2 HCS HB 241 - Smith

3 HB 80 - Ross

4 HCS HB 50 - Relford

5 HCS HB 26 - Wilson (42)

6 HCS HB 194 - Hosmer

7 HB 166 - Troupe

8 HB 218 - Farnen

9 HB 114 - Hickey

10 HB 421 - Graham

11 HCS HB 265 & 369 - Hosmer

12 HCS HB 237, 270, 403 & 442 - Smith

13 HCS HB 425 - O'Toole

HOUSE BILLS FOR PERFECTION - INFORMAL

1 HCS HB 113 - Hickey

2 HB 381, Pt. I of HA 4 to HS, Pt. II of HA 4 to HS, and HS, as amended, pending - Hoppe

HOUSE BILLS FOR PERFECTION - CONSENT

(February 19, 2001)

1 HB 133 - Gambaro

2 HB 288 - Campbell

3 HB 266 - Treadway

4 HB 236 - Smith

5 HB 48 - Relford

6 HB 180 - Thompson

7 HB 78 - Kennedy

8 HB 262 - Linton

(February 26, 2001)

1 HB 801 - Liese

2 HB 309 - McKenna

3 HB 111 - Ladd Baker

4 HB 126 - Long

5 HB 431 - Barry

6 HB 202 - Rizzo

7 HB 129 - Van Zandt

8 HB 157 - Hosmer

HOUSE CONCURRENT RESOLUTION FOR ADOPTION AND THIRD READING

HCR 16, (2-20-01, Page 432) - Green (15)

HOUSE BILLS FOR THIRD READING

1 HCS HB 144 & 46, (Fiscal Review 2-14-01) - Bonner

2 HS HCS HB 328 & 88, (Fiscal Review 2-15-01) - Harlan

3 HCS HB 207, E.C. (Fiscal Review 2-20-01) - Ross

4 HCS HB 567 - Treadway

SENATE BILLS FOR SECOND READING

1 SB 12

2 SCS SB 44 & 59

3 SCS SB 136

4 SB 252

5 SCS SB 301

6 SB 304
Missouri House of Representatives