Journal of the House

Second Regular Session, 91st General Assembly

SECOND DAY, Thursday, January 10, 2002

Speaker Kreider in the Chair.

Prayer by Reverend Rudy Beard.

Heavenly Father, thank You for the gift of life this day!

Help us to use the gift well.

We ask You to keep Your still small voice within us. Do not let us give up on things that matter. Give to these men and women of the House ability to sort out the true from the false. To You be glory and honor. 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: Andrea Jean Baker.

The Journal of the first day was approved as corrected by the following vote:

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 5 - Representative Moore

House Resolution No. 6 - Representative Behnen

House Resolution No. 7 - Representative Scott

House Resolution No. 8 - Representatives Miller and Bartelsmeyer

House Resolution No. 9 - Representative Smith

House Resolution No. 10 - Representative Willoughby

House Resolution No. 11 - Representative Griesheimer

SECOND READING OF HOUSE CONCURRENT RESOLUTIONS

HCR 3 and HCR 4 were read the second time.

SECOND READING OF HOUSE JOINT RESOLUTIONS

HJR 24 through HJR 37 were read the second time.

SECOND READING OF HOUSE BILLS

HB 1028 through HB 1100, HB 1126 through HB 1200, and HB 1202 through HB 1404 were read the second time.

REFERRAL OF HOUSE JOINT RESOLUTIONS

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

HJR 27 - Education-Elementary and Secondary

HJR 28 - Judiciary

HJR 29 - Transportation

REFERRAL OF HOUSE BILLS

The following House Bills were referred to the Committee indicated:

HB 1030 - Elections

HB 1033 - Children, Families and Health

HB 1036 - Judiciary

HB 1037 - Judiciary

HB 1038 - Motor Vehicle and Traffic Regulations

HB 1041 -  Tourism, Recreation and Cultural Affairs

HB 1045 - Local Government and Related Matters

HB 1047 - Civil and Administrative Law

HB 1049 - Sportsmanship, Safety and Firearms

HB 1050 - Motor Vehicle and Traffic Regulations

HB 1051 - Public Safety, Law Enforcement and Veteran Affairs

HB 1052 - Children, Families and Health

HB 1053 - Social Services, Medicaid and the Elderly

HB 1054 - Labor

HB 1055 - Judiciary

HB 1058 - Criminal Law

HB 1059 - Criminal Law

HB 1061 - Critical Issues, Consumer Protection and Housing

HB 1062 - Education-Elementary and Secondary

HB 1063 - Education-Elementary and Secondary

HB 1064 - Civil and Administrative Law

HB 1065 - Local Government and Related Matters

HB 1066 - Miscellaneous Bills & Resolutions

HB 1068 - Education-Elementary and Secondary

HB 1069 - Labor

HB 1070 - Local Government and Related Matters

HB 1072 - Civil and Administrative Law

HB 1074 - Judiciary

HB 1075 - Motor Vehicle and Traffic Regulations

HB 1076 - Judiciary

HB 1077 - Civil and Administrative Law

HB 1078 - Correctional and State Institutions

HB 1079 - Judiciary

HB 1082 - Children, Families and Health

HB 1083 - Education-Elementary and Secondary

HB 1084 - Education-Elementary and Secondary

HB 1085 - Local Government and Related Matters

HB 1086 - Education-Higher

HB 1089 - Agriculture

HB 1090 - Professional Registration and Licensing

HB 1091 - Labor

HB 1092 - Labor

HB 1093 - Motor Vehicle and Traffic Regulations

HB 1094 - Motor Vehicle and Traffic Regulations

HB 1095 - Motor Vehicle and Traffic Regulations

HB 1096 - Education-Elementary and Secondary

HB 1097 - Children, Families and Health

HB 1098 - Civil and Administrative Law

HB 1099 - Motor Vehicle and Traffic Regulations

HB 1100 - Conservation, State Parks and Mining

HB 1126 - Education-Elementary and Secondary

HB 1127 - Civil and Administrative Law

HB 1130 - Education-Elementary and Secondary

HB 1131 - Education-Higher

HB 1132 - Local Government and Related Matters

HB 1133 - Children, Families and Health

HB 1135 - Education-Elementary and Secondary

HB 1136 - Transportation

HB 1137 - Insurance

HB 1139 - Judiciary

HB 1141 - Transportation

HB 1142 - Utilities Regulation

HB 1144 - Commerce and Economic Development

HB 1145 - Transportation

HB 1147 - Local Government and Related Matters

HB 1148 - Local Government and Related Matters

HB 1149 - Environment and Energy

HB 1150 - Ways and Means

HB 1151 - Civil and Administrative Law

HB 1153 - Judiciary

HB 1154 - Civil and Administrative Law

HB 1155 - Motor Vehicle and Traffic Regulations

HB 1156 - Transportation

HB 1157 - Social Services, Medicaid and the Elderly

HB 1158 - Public Safety, Law Enforcement and Veteran Affairs

HB 1159 - Motor Vehicle and Traffic Regulations

HB 1171 - Labor

HB 1172 - Ways and Means

HB 1173 - Labor

HB 1174 - Ways and Means

HB 1175 - Municipal Corporations

HB 1176 - Municipal Corporations

HB 1178 - Ways and Means

HB 1179 - Judiciary

HB 1180 - Ways and Means

HB 1184 - Civil and Administrative Law

HB 1185 - Local Government and Related Matters

HB 1187 - Civil and Administrative Law

HB 1188 - Judiciary

HB 1191 - Education-Elementary and Secondary

HB 1192 - Children, Families and Health

HB 1194 - Municipal Corporations

HB 1195 - Civil and Administrative Law

HB 1197 - Local Government and Related Matters

HB 1199 - Education-Elementary and Secondary

HB 1200 - Education-Elementary and Secondary

HB 1226 - Children, Families and Health

HB 1269 - Children, Families and Health

HB 1271 - Judiciary

HB 1386 - Motor Vehicle and Traffic Regulations

COMMITTEE REPORT

Committee on Motor Vehicle and Traffic Regulations, Chairman O'Connor reporting:

Mr. Speaker: Your Committee on Motor Vehicle and Traffic Regulations, to which was referred HB 1386 and HB 1038, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

INTRODUCTION OF HOUSE CONCURRENT RESOLUTION

The following House Concurrent Resolution was read the first time and copies ordered printed:

HCR 5, introduced by Representative Reynolds, to urge the Governor to establish by executive order an annual "Deaf Awareness Week" to be held in September of each year.

INTRODUCTION OF HOUSE BILLS

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

HB 1405, introduced by Representative Burton, relating to road districts.

HB 1406, introduced by Representative Barnett, relating to the board of regents of Northwest Missouri State University.

HB 1407, introduced by Representatives Riback Wilson (25), Berkowitz, Boucher, Bray, Farnen, Fraser, Froelker, Harding, Harlan, Hosmer, Kelly (27), Ostmann, Reynolds, Scheve, Skaggs and Walton, et al, relating solely to the creation of an earned income tax credit.

HB 1408, introduced by Representatives Purgason, Bearden, Crawford and Bartelsmeyer, et al, relating to concealable weapons.

HB 1409, introduced by Representative Campbell, relating to design-build contracts.

HB 1410, introduced by Representative Campbell, relating to family workers.

HB 1411, introduced by Representative Skaggs, relating to a Hearing Impaired Kids Endowment Fund, Inc., license plate.

HB 1412, introduced by Representatives Skaggs and Hosmer, relating to special license plates.

HB 1413, introduced by Representative Burcham, to authorize the conveyance of property owned by the state in the County of St. Francois to the St. Francois County Habitat for Humanity.

HB 1414, introduced by Representative Treadway, relating to exemptions for licensed professions.

HB 1415, introduced by Representative Koller, for the sole purpose of providing sales tax exemptions for admission fees for hunting and fees for sales of feed and equipment used for production of certain domestically raised pheasants, partridges, and quail.

HB 1416, introduced by Representative Koller, relating to applications for a driver's license.

HB 1417, introduced by Representative Legan, relating to the repossession of motor vehicles on behalf of a financial institution.

HB 1418, introduced by Representatives Relford, Ballard, Ransdall, Davis, Barnitz, Seigfreid and May (149), et al, relating to state parks.

HB 1419, introduced by Representative Shields, relating to donations to schools.

HB 1420, introduced by Representative Shields, relating to non-profit-corporations that provide dental services.

HB 1421, introduced by Representatives McKenna, Abel and Wagner, relating to appropriations for community college district maintenance funds.

HB 1422, introduced by Representatives Gratz, Crump, Kreider, Green (73), Barry, Merideth, Skaggs, Boucher, Thompson and Whorton, et al, relating to price gouging during emergencies.

HB 1423, introduced by Representatives Gratz, Kreider, Champion, Green (73), Thompson, Whorton, Skaggs, Boucher and Barry, et al, relating to the Missouri sunset act.

HB 1424, introduced by Representatives Smith and Kreider, relating to tuition increases at public institutions of higher education.

HB 1425, introduced by Representative Smith, relating to nonpublic personal health information.

HB 1426, introduced by Representative Davis, relating to public retirement systems.

HB 1427, introduced by Representatives Hosmer, Marsh, Murphy and Lowe, et al, relating to oversight of public privatization contracts.

HB 1428, introduced by Representative Hosmer, relating to small claims court.

HB 1429, introduced by Representatives Shoemyer (9), Myers, Berkowitz, Copenhaver, Whorton, Merideth, Kreider, Britt and Mayer, et al, relating to the seed availability and competition act.

HB 1430, introduced by Representative Burton, relating to resisting or interfering with detention or stop of a vehicle.

HB 1431, introduced by Representative Scheve, relating to the assessment of real property.

HB 1432, introduced by Representatives Foley and Hanaway, et al, relating to emergency communications system districts.

HB 1433, introduced by Representatives Monaco, Kelly (36), Bonner and Burton, et al, relating to resisting or interfering with detention or stop of a vehicle.

HB 1434, introduced by Representatives Monaco, Green (73), Hickey, O'Connor, O'Toole and Bonner, relating to torts and action for damages.

HB 1435, introduced by Representatives Crawford, Moore, Behnen, Cooper, Burcham, Hunter, Purgason, Dolan, Gaskill, Marble, Luetkemeyer, Schwab, Robirds, Bartelsmeyer, Kelly (144), Ostmann, Shoemaker (8), Bearden, Henderson, King, Berkstresser, Kelly (36), Phillips, Gratz, Boatright, Holand, Legan, Portwood, Hohulin, Crump, Townley, Rector and Whorton, relating to concealable weapons.

HB 1436, introduced by Representative Crawford, relating to probation services.

HB 1437, introduced by Representatives Crawford, Moore, Behnen, Cooper, Burcham, Hunter, Portwood, Dolan, Purgason, Gaskill, Marble, Luetkemeyer, Schwab, Robirds, Bartelsmeyer, Kelly (144), Hegeman, Ostmann, Boatright, Reinhart, Surface, Dempsey, Bearden, Henderson, King, Berkstresser, Kelly (36), Holand, Gratz, Phillips, Legan, Ross, Hohulin, Barnitz, Crump, Townley and Rector, relating to the preemption of the regulation of firearms.

HB 1438, introduced by Representative O'Connor, relating to business franchises.

COMMITTEE CHANGES

The Speaker submitted the following Committee changes:

Representative Johnson (61) is no longer a member of the Education-Higher Committee.

Representative Hickey is no longer Chair of the Labor Committee, but will remain a member of the Labor Committee.

Representative George is no longer Vice-chair of the Labor Committee, but has been appointed Chair of the Labor Committee.

Representative Johnson (61) has been appointed a member of the Budget Committee.

Representative Sanders Brooks has been appointed a member of the Education-Higher Committee.

Representative Green (73) has been appointed a member of the Joint Committee on Capital Improvements and Leases Oversight.

Representative Wilson (42) has been appointed Chair of the Joint Committee on Capital Improvements and Leases Oversight.

Representative Hilgemann has been appointed Chair of the Ways and Means Committee.

Representative Willoughby has been appointed Vice-chair of the Utilities Regulation Committee.

LETTER OF RESIGNATION

January 9, 2002

The Honorable Jim Kreider

Speaker of the House of Representatives

State Capitol

Jefferson City, MO 65101

Dear Mr. Speaker:

I am resigning my position as state representative for the 58^th legislative district effective January 10, 2002 at 5 p.m. I have greatly enjoyed serving the citizens of the 58^th district and the State of Missouri for the past 20 years. I have a deep respect for the Missouri House of Representatives and its members and will miss the many friends I have known. I leave the Missouri General Assembly knowing that the citizens of our State are well represented. It has been an honor to serve in the House of Representatives.

Sincerely,

/s/ Representative Louis H. Ford

District 58

The following members' presence was noted: Nordwald and Hickey.

ADJOURNMENT

On motion of Representative Crump, the House adjourned until 4:00 p.m., Monday, January 14, 2002.

CORRECTIONS TO THE HOUSE JOURNAL

Correct House Journal, First Day, Wednesday, January 9, 2002, pages 6 and 7, roll call, by showing Representative Myers voting "aye" rather than "absent with leave".

Pages 7 and 8, roll call, by showing Representatives Black, Jetton and Linton voting "aye" rather than "absent with leave".

Pages 8 and 9, roll call, by showing Representatives Crawford, Myers and O'Connor voting "aye" rather than "absent with leave".

Page 10, roll call, by showing Representatives Hosmer, Jetton, Miller, Murphy and O'Connor voting "aye" rather than "absent with leave".

COMMITTEE MEETINGS

AGRICULTURE

Wednesday, January 16, 2002, 3:00 pm. Hearing Room 7.

Testimony from L. Mohler, Department of Agriculture; Dr. T. Payne, University of Missouri.

APPROPRIATIONS - GENERAL ADMINISTRATION

Monday, January 14, 2002, 12:00 pm. Hearing Room 7.

Organizational meeting. Budget address by Brian Long, elected officials.

APPROPRIATIONS - GENERAL ADMINISTRATION

Tuesday, January 15, 2002, 12:00 pm. Hearing Room 7.

Elected Officials, Department of Revenue.

APPROPRIATIONS - GENERAL ADMINISTRATION

Wednesday, January 16, 2002, 12:00 pm. Hearing Room 7.

Department of Revenue, Public Debt - Office of Administration.

APPROPRIATIONS - NATURAL AND ECONOMIC RESOURCES

Wednesday, January 16, 2002, 2:00 pm. Hearing Room 5.

Departments of Economic Development and Revenue.

Testimony regarding non-resident athlete & entertainer tax.

BUDGET

Monday, January 14, 2002, 2:00 pm. Hearing Room 3.

Presentation by Department of Economic Development on Tax Credits.

BUDGET

Tuesday, January 15, 2002, 8:30 am. Hearing Room 3.

Budget overview by the Office of Budget and Planning.

BUDGET

Wednesday, January 16, 2002, 8:30 am. Hearing Room 3.

Presentation by Missouri Consolidated Healthcare.

JOINT COMMITTEE ON GAMING AND WAGERING

Tuesday, January 15, 2002, 9:30 am. Hearing Room 4.

Committee's report to the General Assembly. Election of new chairman.

Executive Session to follow.

LABOR

Tuesday, January 15, 2002, 4:00 pm. Hearing Room 3.

Informational seminar with Director of Division of Employment Security regarding

unemployment compensation fund

WORKERS COMPENSATION AND EMPLOYMENT SECURITY

Tuesday, January 15, 2002, 4:00 pm. Hearing Room 3.

Informational seminar on Employment Security.

HOUSE CALENDAR

THIRD DAY, MONDAY, JANUARY 14, 2002

HOUSE CONCURRENT RESOLUTION FOR SECOND READING

HCR 5

HOUSE BILLS FOR SECOND READING

HB 1405 through HB 1438

HOUSE BILL FOR PERFECTION

HCS HB 1386 & 1038 - O'Connor

Missouri House of Representatives