Journal of the House

First Regular Session, 91st General Assembly

THIRTY-SEVENTH DAY, Tuesday, March 6, 2001

Speaker Pro Tem Abel in the Chair.

Prayer by Father David Buescher.

Creative renewing God, we gather at the start of another day. As always, we count on Your presence, and rely on Your inspiration. Grant us a greater portion of Your spirit. Let Your advice and counsel speak in the thoughts and deliberations of these men and women, filling up any inadequacies.

In the many duties of this Chamber today, God, hold these representatives in the palm of Your hand, and let them feel Your assurance, that they may continue with You, to build that security into our society. 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: Molly Dennis, Rachel Timmermann, Claire Mueller, Kayleigh Luther, India Crawford, Ben Powell, Carrie Sleme, Jonathon Foggie, Symone Harris, Terri Counts, Tiffany Cross, Sasha Tyler, Veronica Hightower, Shaleah Gines, Damon Arnold, Kyle Mack, Steven Ledgerwood, Cassie Fulson, Alex George, Rusty Rice, Jessica Ramsey, A.J. Stock, Victoria Hulett, Tyler Higginbotham, Patricia Stuva, Amanda Hudgens, Leslie Gale, Punam Patel, Brittany Kellar, Greg Chauncey, Kevin House, Plessie Ellitt, Meagan Hall, Alston Lee, Lindsey Moody, Veraj Patel, and Samantha Sellers.

The Journal of the thirty-sixth day was approved as corrected.

RESOLUTION

Representative Willoughby, et al, offered House Resolution No. 756.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 755 - Representative Hickey

House Resolution No. 757 - Representative Shoemyer

SECOND READING OF HOUSE BILLS

HB 916 through HB 924 were read the second time.

THIRD READING OF HOUSE BILLS - CONSENT

HB 801, relating to disclosure of personal information, was taken up by Representative Liese.

On motion of Representative Liese, HB 801 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

The emergency clause was adopted by the following vote:

HB 309, relating to state aid to community colleges, was taken up by Representative McKenna.

On motion of Representative McKenna, HB 309 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 111, relating to regulation of mattresses, was taken up by Representative Ladd Baker.

On motion of Representative Ladd Baker, HB 111 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 126, relating to use of headlamps, was taken up by Representative Long.

Representative Long moved that HB 126 be read the third time and passed.

Which motion was defeated by the following vote:

PERFECTION OF HOUSE BILLS

HB 421, relating to intoxication torts, was placed on the Informal Calendar.

HCS HBs 237, 270, 403 & 442, with HS, as amended, pending, relating to sunshine law, was taken up by Representative Smith.

Representative Britt assumed the Chair

Representative Van Zandt offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill Nos. 237, 270, 403 & 442, Page 9, Section 610.021, Line 2 of said page, by inserting after the word "product" the following:

", but this exception shall not include any completed audit for any public entity or state-supported college or university".

On motion of Representative Van Zandt, House Amendment No. 2 was adopted.

Speaker Pro Tem Abel resumed the Chair.

Representative Campbell offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bill Nos. 237, 270, 403 & 442, Page 1, In the Title, Line 2, by inserting immediately after the word "sections" the following: "610.010,"; and

Further amend said bill, Page 1, In the Title, Line 4, by deleting the word "five" and inserting in lieu thereof the word "six"; and

Further amend said bill, Page 1, Section A, Line 8, by inserting immediately after the word "Sections" the following: "610.010,"; and

Further amend said bill, Page 1, Section A, Lines 9 and 10, by deleting all of said lines and inserting in lieu thereof the following:

"2000, are repealed and six new sections enacted in lieu thereof, to be known as sections 197.150, 197.160, 610.010, 610.015, 610.021 and"; and

Further amend said bill, Page 4, Section 197.160, Line 10, by inserting immediately after said line the following:

"610.010. As used in sections 610.010 to 610.030 and sections 610.100 to 610.150, unless the context otherwise indicates, the following terms mean:

(1) "Closed meeting", "closed record", or "closed vote", any meeting, record or vote closed to the public;

(2) "Copying", if requested by a member of the public, copies provided as detailed in section 610.026, if duplication equipment is available;

(3) "Public business", all matters which relate in any way to the performance of the public governmental body's functions or the conduct of its business;

(4) "Public governmental body", any legislative, administrative or governmental entity created by the constitution or statutes of this state, by order or ordinance of any political subdivision or district, judicial entities when operating in an administrative capacity, or by executive order, including:

(a) Any body, agency, board, bureau, council, commission, committee, board of regents or board of curators or any other governing body of any institution of higher education, including a community college, and including, but not limited to, the University of Missouri, which is supported in whole or in part from state funds;

(b) Any advisory committee or commission appointed by the governor by executive order;

(c) Any department or division of the state, of any political subdivision of the state, of any county or of any municipal government, school district or special purpose district including but not limited to sewer districts, water districts, and other subdistricts of any political subdivision;

(d) Any other legislative or administrative governmental deliberative body under the direction of three or more elected or appointed members having rulemaking or quasi-judicial power;

(e) Any committee appointed by or at the direction of any of the entities and which is authorized to report to any of the above-named entities, any advisory committee appointed by or at the direction of any of the named entities for the specific purpose of recommending, directly to the public governmental body's governing board or its chief administrative officer, policy or policy revisions or expenditures of public funds including, but not limited to, entities created to advise bi-state taxing districts regarding the expenditure of public funds, or any policy advisory body, policy advisory committee or policy advisory group appointed by a president, chancellor or chief executive officer of any college or university system or individual institution at the direction of the governing body of such institution which is supported in whole or in part with state funds, including, but not limited to, the University of Missouri, for the specific purpose of recommending directly to the public governmental body's governing board or the president, chancellor or chief executive officer policy, policy revisions or expenditures of public funds provided, however, the staff of the college or university president, chancellor or chief executive officer shall not constitute such a policy advisory committee. The custodian of the records of any public governmental body shall maintain a list of the policy advisory committees described in this subdivision; and

(f) Any quasi-public governmental body. The term "quasi-public governmental body" means any person, corporation or partnership organized or authorized to do business in this state pursuant to the provisions of chapter 352, 353, or 355, RSMo, or unincorporated association which either:

a. Has as its primary purpose to enter into contracts with public governmental bodies, or to engage primarily in activities carried out pursuant to an agreement or agreements with public governmental bodies; or

b. Performs a public function as evidenced by a statutorily based capacity to confer or otherwise advance, through approval, recommendation or other means, the allocation or issuance of tax credits, tax abatement, public debt, tax-exempt debt, rights of eminent domain, or the contracting of leaseback agreements on structures whose annualized payments commit public tax revenues; or any association that directly accepts the appropriation of money from a public governmental body, but only to the extent that a meeting, record, or vote relates to such appropriation;

(5) "Public meeting", any meeting of a public governmental body subject to sections 610.010 to 610.030 at which any public business is discussed, decided, or public policy formulated, whether corporeal or by means of communication equipment. The term "public meeting" shall not include an informal gathering of members of a public governmental body for ministerial or social purposes when there is no intent to avoid the purposes of this chapter, but the term shall include a public vote of all or a majority of the members of a public governmental body, by electronic communication or any other means, conducted in lieu of holding a public meeting with the members of the public governmental body gathered at one location in order to conduct public business;

(6) "Public record", any record, whether written or electronically stored, retained by or of any public governmental body including any report, survey, memorandum, or other document or study prepared and presented to the public governmental body by a consultant or other professional service paid for in whole or in part by public funds; provided, however, that personally identifiable student records maintained by public educational institutions shall be open for inspection by the parents, guardian or other custodian of students under the age of eighteen years and by the parents, guardian or other custodian and the student if the student is over the age of eighteen years. The term "public record" shall not include any internal memorandum or letter received or prepared by or on behalf of a member of a public governmental body consisting of advice, opinions and recommendations in connection with the deliberative decision-making process of said body, unless such records are retained by the public governmental body or presented at a public meeting;

(7) "Public vote", any vote cast at any public meeting of any public governmental body."; and

Further amend said title, enacting clause and intersectional references accordingly.

On motion of Representative Campbell, House Amendment No. 3 was adopted.

Representative Kelly (27) offered House Amendment No. 4.

House Amendment No. 4 was withdrawn.

Speaker Kreider assumed the Chair.

Representative Richardson offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for House Bill Nos. 237, 270, 403 & 442, Page 1, Section 197.150, Line 12, by deleting all of said section; and

Further amend Page 3, Section 197.160, Line 24 of said page, by deleting all of said section; and

Further amend Section A, Line 9, by deleting after the word "and" [five] and inserting in lieu thereof "three"; and

Further amend Section A, Line 10, by deleting after the word "sections" [197.150, 197.160,].

Representative Richardson moved that House Amendment No. 4 be adopted.

Which motion was defeated by the following vote:

Representative Riback Wilson (25) offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Committee Substitute for House Bill Nos. 237, 270, 403 & 442, Page 7, Section 610.015, Line 19 of said page, by adding after the word "years" the following:

"and financially dependent upon his or her parents for tax purposes".

On motion of Representative Riback Wilson (25), House Amendment No. 5 was adopted.

Representative Kelly (27) offered House Amendment No. 6.

House Amendment No. 6 was withdrawn.

Representative Legan offered House Amendment No. 6.

House Amendment No. 6 was withdrawn.

Representative Legan offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Committee Substitute for House Bill Nos. 237, 270, 403 & 442, Page 11, Section 610.027, Line 6, by inserting immediately after said line the following:

"; in order to take into account previous violations when imposing a fine upon a member of a public governmental body said member must have been found to have previously violated sections 610.010 to 610.027.".

On motion of Representative Legan, House Amendment No. 6 was adopted.

Representative Bartle offered House Amendment No. 7.

House Amendment No. 7

AMEND House Substitute for House Committee Substitute for House Bill Nos. 237, 270, 403 & 442, Page 3, Section 197.160, Line 24 of said page, by inserting after the word "records" the following:

"that may be closed pursuant to subdivision 2 of 197.150,".

Representative Smith raised a point of order that House Amendment No. 7 is dilatory.

The Chair ruled the point of order not well taken.

Representative Bartle moved that House Amendment No. 7 be adopted.

Which motion was defeated.

On motion of Representative Smith, HS HCS HBs 237, 270, 403 & 442, as amended, was adopted.

On motion of Representative Smith, HS HCS HBs 237, 270, 403 & 442, as amended, was ordered perfected and printed.

REFERRAL OF HOUSE CONCURRENT RESOLUTIONS

The following House Concurrent Resolutions were referred to the Committee indicated:

HCR 22 - Agriculture

HCR 26 - Commerce and Economic Development

REFERRAL OF HOUSE BILLS

The following House Bills were referred to the Committee indicated:

HB 913 - Children, Families and Health

HB 915 - Civil and Administrative Law

HB 924 - Transportation

COMMITTEE REPORTS

Committee on Fiscal Review and Government Reform, Chairman Hollingsworth reporting:

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HCS HB 50 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HB 80 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

Committee on Insurance, Chairman Luetkenhaus reporting:

Mr. Speaker: Your Committee on Insurance, to which was referred HB 212, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Insurance, to which was referred HB 459, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

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

Mr. Speaker: Your Committee on Miscellaneous Bills & Resolutions, to which was referred HB 501, begs leave to report it has examined the same and recommends that it 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 314, begs leave to report it has examined the same and recommends that it Do Pass.

Committee on Tourism, Recreation and Cultural Affairs, Chairman Overschmidt reporting:

Mr. Speaker: Your Committee on Tourism, Recreation and Cultural Affairs, to which was referred HB 463, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Tourism, Recreation and Cultural Affairs, to which was referred HB 488, 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 925, introduced by Representatives Walton and Johnson (61), relating to the after-school retreat grant program and fund.

HB 926, introduced by Representatives Walton, Gambaro, Sanders Brooks and Johnson (61), relating to the families in education incentive grant program.

HB 927, introduced by Representative Henderson, et al, relating to insurers.

HB 928, introduced by Representative Levin, relating to death records.

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 SB 293, entitled:

An act to amend chapter 620, RSMo, by adding thereto one new section relating to advisory committee for electronic commerce.

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 348, entitled:

An act to repeal section 475.083, RSMo 2000, relating to guardianship of children, 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 352, entitled:

An act to amend chapter 94, RSMo, by adding thereto one new section relating to capital improvements.

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 365, entitled:

An act to repeal section 67.1360, RSMo 2000, relating to tourism taxes, 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 394, entitled:

An act to authorize the conveyance of certain property between the board of governors of Southwest Missouri State University and the Southwest Missouri Ecumenical Center.

In which the concurrence of the House is respectfully requested.

COMMITTEE CHANGES

The Speaker submitted the following Committee changes:

Representative Bartle is no longer a member of the Joint Committee on Transportation Oversight.

Representative Copenhaver is no longer a member of the Children, Families and Health Committee.

Representative Fraser has been appointed a member of the Children, Families and Health Committee.

COMMITTEE ASSIGNMENTS

JOINT COMMITTEE ON GAMING AND WAGERING

Liese, Chris - Chair

Foley, James

Shelton, O. L.

MISSOURI TOBACCO SETTLEMENT

Scheve, May - Chair

Foley, James - Vice-Chair

Barry, Joan

Boykins, Amber

Hanaway, Catherine

Scott, Delbert

Van Zandt, Tim

The following members' presence was noted: Troupe and Ford.

ADJOURNMENT

On motion of Representative Crump, the House adjourned until 10:00 a.m., Wednesday, March 7, 2001.

CORRECTION TO THE HOUSE JOURNAL

Correct House Journal, Thirty-sixth Day, Monday, March 5, 2001, pages 573 and 574, roll call, by showing Representative Kelly (27) voting "no" rather than "absent with leave".

COMMITTEE MEETINGS

AGRICULTURE

Wednesday, March 7, 2001, 3:00 pm. Hearing Room 7. CORRECTED.

To be considered - HB 522, HB 690, Executive Session - HB 306, Executive Session - HB 308, Executive Session - HB 581

APPROPRIATIONS - TRANSPORTATION

Wednesday, March 7, 2001, 8:30 am. Hearing Room 7.

Presentations on funding formulas. CANCELLED.

BUDGET

Wednesday, March 7, 2001, 8:00 am. Hearing Room 3.

Executive Session. Mark-up House Bills 1 through 12.

BUDGET

Wednesday, March 7, 2001. Hearing Room 3 upon morning adjournment.

Executive Session. Mark-up House Bills 1 through 12.

BUDGET

Thursday, March 8, 2001, 8:00 am. Hearing Room 3.

FY 2002 appropriation mark-up. House Bill 1 through House Bill 12. Executive Session.

BUDGET

Thursday, March 8, 2001. Hearing Room 3 upon morning adjournment.

FY 2002 appropriation mark-up. House Bill 1 through House Bill 12.

Executive Session.

BUDGET

Monday, March 12, 2001, 12:00 pm. Hearing Room 3.

FY 2002 appropriation mark-up. House Bill 1 through House Bill 12.

Executive Session.

CIVIL AND ADMINISTRATIVE LAW

Wednesday, March 7, 2001, 3:00 pm. Hearing Room 1. AMENDED.

To be considered - HB 626, HB 774, HB 831, HB 847, Executive Session - HB 118,

Executive Session - HB 537, Executive Session - HB 693

CRIMINAL LAW

Wednesday, March 7, 2001, 8:00 pm. Hearing Room 7. AMENDED.

To be considered - HB 354, HB 483, HB 513, HB 516, HB 574, HB 582, HB 632, HB 835

EDUCATION - ELEMENTARY AND SECONDARY

Wednesday, March 7, 2001, 8:30 am. Hearing Room 1.

To be considered - HB 457, HB 725, HB 865, Executive Session - HB 45,

Executive Session - HB 274, Executive Session - HB 322

EDUCATION - HIGHER

Wednesday, March 7, 2001, 3:00 pm. Hearing Room 5.

Executive Session. To be considered - HB 769

ENVIRONMENT AND ENERGY

Thursday, March 8, 2001, 8:30 am. Hearing Room 5.

To be considered - HB 868

JOINT COMMITTEE ON ADMINISTRATIVE RULES

Thursday, March 8, 2001, 1:00 pm. Senate Lounge.

Hearing will be held at 1:00 pm or upon adjournment of both Houses.

Department of Economic Development.

MISCELLANEOUS BILLS AND RESOLUTIONS

Wednesday, March 7, 2001, 8:00 am. Hearing Room 6.

Executive Session may follow. AMENDED.

To be considered - HB 86, HB 882, HCR 24, HJR 11, HR 394, SB 256

PROFESSIONAL REGISTRATION AND LICENSING

Wednesday, March 7, 2001, 5:00 pm. Hearing Room 5.

Presentation by Marilyn Williams.

To be considered - HB 154, HB 396, HB 468, HB 469, HB 858, Executive Session - HB 757

PUBLIC SAFETY, LAW ENFORCEMENT AND VETERAN AFFAIRS

Wednesday, March 7, 2001. Side gallery upon adjournment.

Executive Session.

RETIREMENT

Wednesday, March 7, 2001, 8:00 pm. Hearing Room 1.

To be considered - HB 552, Executive Session - HB 318, Executive Session - HB 385,

Executive Session - HB 386, Executive Session - HB 514

SPECIAL COMMITTEE ON PUBLIC-PRIVATE PARTNERSHIPS

Monday, March 12, 2001, 11:00 am. Hearing Room 1.

MU Sports Arena. CANCELLED.

SUBCOMMITTEE ON HIGHER EDUCATION

Wednesday, March 7, 2001, 1:00 pm. Hearing Room 4.

To investigate disclosure of certain information about post-secondary students.

TRANSPORTATION

Wednesday, March 7, 2001, 1:00 pm. Hearing Room 6.

Executive Session may follow.

To be considered - HB 685, HB 734, HB 756, HB 924, HJR 13, HJR 15

HOUSE CALENDAR

THIRTY-EIGHTH DAY, WEDNESDAY, MARCH 7, 2001

HOUSE BILLS FOR SECOND READING

HB 925 through HB 928

HOUSE BILLS FOR PERFECTION

1 HB 185 - Legan

2 HCS HB 738 - Liese

3 HCS HB 107 - Clayton

4 HB 249 - Treadway

5 HCS HB 334 - Davis

6 HCS HB 762 - Barry

7 HCS HB 754, 29, 300 & 505 - Franklin

8 HB 444 - Kreider

9 HB 473, HCA 1 - Robirds

10 HCS HB 327 - Rizzo

11 HB 321 - Skaggs

12 HB 453 - Ransdall

13 HB 501 - Bowman

14 HB 314 - Nordwald

HOUSE BILLS FOR PERFECTION - INFORMAL

1 HCS HB 113 - Hickey

2 HCS HB 425 - O'Toole

3 HB 166 - Troupe

4 HB 114 - Hickey

5 HB 421 - Hoppe

HOUSE BILLS FOR PERFECTION - CONSENT

(March 5, 2001)

1 HB 502 - Ward

2 HB 779 - Barnett

3 HB 409 - Surface

4 HB 452 - Gratz

5 HB 242 - Smith

6 HB 600 - Hosmer

7 HB 607 - Johnson (90)

8 HB 470 - Shields

9 HB 491 - George

HOUSE BILLS FOR THIRD READING

1 HB 80 - Ross

2 HCS HB 50, E.C. - Relford

3 HS HB 381, (Fiscal Review 3-01-01) - Hoppe

4 HS HB 287 - Williams

5 HCS HB 26, (Fiscal Review 3-5-01) - Wilson (42)

6 HCS HB 194 - Hosmer

7 HB 218 - Farnen

8 HCS HB 265 & 369 - Hosmer

HOUSE BILLS FOR THIRD READING - CONSENT

1 HB 431 - Barry

2 HB 202 - Rizzo

3 HB 129 - Van Zandt

4 HB 157 - Hosmer

SENATE BILLS FOR SECOND READING

1 SB 293

2 SB 348

3 SCS SB 352

4 SB 365

5 SB 394

Missouri House of Representatives