Journal of the House



Second Regular Session, 91st General Assembly


SIXTH DAY, Thursday, January 17, 2002



Speaker Pro Tem Abel in the Chair.



Prayer by Reverend Rudy Beard.



Heavenly Father, we bow before You in thanksgiving for the gifts that are ours. Help these Your servants, the men and women of the House, and their staff, to make good use of the gifts that You give.



And we ask You to keep Your still, small voice within us. Do not let us give up on the things that matter. Give to these who lead our state the 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 Journal of the fifth day was approved as corrected by the following vote:



AYES: 147
Abel Ballard Barnett Barnitz Barry 100
Bartelsmeyer Bartle Bearden Behnen Berkowitz
Berkstresser Black Bland Boatright Bonner
Boucher Bowman Boykins Bray 84 Britt
Brooks Burcham Burton Byrd Campbell
Carnahan Cierpiot Clayton Cooper Copenhaver
Crawford Crowell Crump Cunningham Curls
Daus Davis Enz Fares Farnen
Foley Franklin Fraser Froelker Gambaro
Gaskill George Graham Gratz Green 15
Green 73 Griesheimer Hagan-Harrell Hampton Hanaway
Harding Harlan Hartzler Haywood Hegeman
Henderson Hendrickson Hickey Hilgemann Holand
Holt Hoppe Hosmer Jetton Johnson 61
Johnson 90 Jolly Kelley 47 Kelly 144 Kelly 27
Kelly 36 King Koller Lawson Legan
Liese Linton Long Lowe Luetkemeyer
Luetkenhaus Marble Marsh May 149 Mayer
Mays 50 Miller Monaco Moore Murphy
Myers Naeger O'Connor O'Toole Ostmann
Overschmidt Phillips Portwood Purgason Quinn
Ransdall Rector Reid Reinhart Relford
Reynolds Richardson Ridgeway Rizzo Roark
Robirds Ross Scheve Schwab Scott
Secrest Seigfreid Selby Shelton Shields
Shoemaker Shoemyer Skaggs Smith St. Onge
Thompson Townley Treadway Troupe Van Zandt
Villa Vogel Wagner Walton Ward
Whorton Williams Willoughby Wilson 25 Wilson 42
Wright Mr. Speaker
NOES: 003
Hohulin Hunter Lograsso
PRESENT: 000
ABSENT WITH LEAVE: 010
Baker Champion Dempsey Dolan Hollingsworth
Levin McKenna Merideth Nordwald Surface
VACANCIES: 003


RESOLUTION



Representatives Boykins, Wagner, Wright, Luetkemeyer, Cunningham, Behnen, Liese, Riback Wilson (25) and Harding offered House Resolution No. 51.



HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED



House Resolution No. 46 - Representative Fraser

House Resolution No. 47 - Representative Ross

House Resolution No. 48 - Representative Treadway

House Resolution No. 49 - Representative Smith

House Resolution No. 50 - Representative Harding

House Resolution No. 52 - Representative Richardson

House Resolution No. 53 - Representative Vogel



SECOND READING OF HOUSE BILLS



HB 1473 through HB 1504 were read the second time.



REFERRAL OF HOUSE CONCURRENT RESOLUTIONS



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



HCR 3 - Correctional and State Institutions

HCR 4 - Miscellaneous Bills & Resolutions

HCR 5 - Miscellaneous Bills & Resolutions

HCR 6 - Miscellaneous Bills & Resolutions

HCR 7 - Miscellaneous Bills & Resolutions









REFERRAL OF HOUSE JOINT RESOLUTIONS



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



HJR 31 - Transportation

HJR 32 - Education-Elementary and Secondary

HJR 33 - Miscellaneous Bills & Resolutions

HJR 34 - Miscellaneous Bills & Resolutions

HJR 35 - Miscellaneous Bills & Resolutions



REFERRAL OF HOUSE BILLS



The following House Bills were referred to the Committee indicated:



HB 1161 - Criminal Law

HB 1198 - Children, Families and Health

HB 1203 - Transportation

HB 1204 - Motor Vehicle and Traffic Regulations

HB 1205 - Motor Vehicle and Traffic Regulations

HB 1207 - Local Government and Related Matters

HB 1208 - Children, Families and Health

HB 1209 - Municipal Corporations

HB 1211 - Criminal Law

HB 1213 - Local Government and Related Matters

HB 1214 - Motor Vehicle and Traffic Regulations

HB 1215 - Insurance

HB 1216 - Children, Families and Health

HB 1217 - Children, Families and Health

HB 1218 - Education-Elementary and Secondary

HB 1219 - Insurance

HB 1223 - Retirement

HB 1225 - Criminal Law

HB 1227 - Criminal Law

HB 1231 - Children, Families and Health

HB 1233 - Tourism, Recreation and Cultural Affairs

HB 1234 - Local Government and Related Matters

HB 1237 - Ways and Means

HB 1239 - Social Services, Medicaid and the Elderly

HB 1240 - Agriculture

HB 1242 - Motor Vehicle and Traffic Regulations

HB 1243 - Civil and Administrative Law

HB 1244 - Judiciary

HB 1245 - Criminal Law

HB 1246 - Education-Elementary and Secondary

HB 1247 - Insurance

HB 1248 - Judiciary

HB 1249 - Public Safety, Law Enforcement and Veteran Affairs

HB 1250 - Judiciary

HB 1251 - Ways and Means

HB 1254 - Banks and Financial Institutions

HB 1255 - Professional Registration and Licensing

HB 1256 - Criminal Law

HB 1257 - Civil and Administrative Law

HB 1258 - Public Safety, Law Enforcement and Veteran Affairs

HB 1261 - Local Government and Related Matters

HB 1263 - Children, Families and Health

HB 1264 - Judiciary

HB 1265 - Motor Vehicle and Traffic Regulations

HB 1266 - Education-Elementary and Secondary

HB 1267 - Education-Elementary and Secondary

HB 1270 - Transportation

HB 1272 - Motor Vehicle and Traffic Regulations

HB 1273 - Workers Compensation and Employment Security

HB 1274 - Workers Compensation and Employment Security

HB 1275 - Workers Compensation and Employment Security

HB 1276 - Workers Compensation and Employment Security

HB 1277 - Workers Compensation and Employment Security

HB 1279 - Civil and Administrative Law

HB 1280 - Workers Compensation and Employment Security

HB 1282 - Judiciary

HB 1286 - Local Government and Related Matters

HB 1287 - Education-Elementary and Secondary

HB 1288 - Municipal Corporations

HB 1289 - Insurance

HB 1290 - Correctional and State Institutions

HB 1292 - Correctional and State Institutions

HB 1293 - Insurance

HB 1294 - Critical Issues, Consumer Protection and Housing

HB 1295 - Professional Registration and Licensing

HB 1297 - Correctional and State Institutions

HB 1298 - Criminal Law

HB 1299 - Criminal Law

HB 1423 - Miscellaneous Bills & Resolutions

HB 1440 - Critical Issues, Consumer Protection and Housing

HB 1443 - Children, Families and Health

HB 1461 - Elections

HB 1498 - Criminal Law









INTRODUCTION OF HOUSE CONCURRENT RESOLUTIONS



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



HCR 8, introduced by Representative Myers, to designate "Menfro soil" as the official state soil of Missouri.



HCR 9, introduced by Representative Gratz, to urge Congress to redesign the ambulance fee schedule for Medicare reimbursement to take into consideration current actual cost data and support of advanced life support emergency medical services.



INTRODUCTION OF HOUSE BILLS



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



HB 1505, introduced by Representative Treadway, relating to real estate licenses.



HB 1506, introduced by Representatives Merideth, Kelly (27) and Gaskill, relating to aviation improvement.



HB 1507, introduced by Representative Koller, relating to motor vehicles.



HB 1508, introduced by Representative Koller, relating to highway beautification.



HB 1509, introduced by Representatives Rizzo and Curls, relating to police retirement systems.



HB 1510, introduced by Representative Rizzo, relating to police employees' retirement systems.



HB 1511, introduced by Representatives Fares, Green (73), Ostmann, Villa, Scheve, Murphy, Williams, Portwood, Bearden, Dolan, Hilgemann and Moore, et al, relating to the taxation of property.



HB 1512, introduced by Representatives Johnson (61), Franklin, Shelton, Gambaro, Boykins, Hilgemann, Daus, Walton and Carnahan, et al, relating to national teacher certification incentives.



HB 1513, introduced by Representative Burton, relating to disincorporation of road districts.



HB 1514, introduced by Representative Burton, relating to collection of personal property taxes.



HB 1515, introduced by Representative Burton, relating to the awarding of honorary high school diplomas to certain civilian prisoners of war and veterans.



HB 1516, introduced by Representatives Hosmer and Kreider, relating to noncompetition agreements.

HB 1517, introduced by Representative Treadway, relating to public accountants.



HB 1518, introduced by Representative Luetkenhaus, relating to life insurance company investments.



HB 1519, introduced by Representatives Boucher, Kreider and Hosmer, relating to the designation of patriots day.



HB 1520, introduced by Representatives Reid, Holt, O'Connor, Bowman, Merideth, Hosmer, Byrd, Levin, Boucher, Hanaway, Moore, Dempsey, Reinhart, Jetton, Mayer, Bearden, Barnett, Miller, Richardson, Phillips, Hendrickson, Champion, Wright, Hartzler, Shoemaker (8), Rector, Luetkemeyer, Secrest, Cunningham, Crowell, Long, Murphy, Portwood, Cooper, Bartelsmeyer, Ostmann, Gambaro, Shoemyer (9), Froelker, Davis, Hampton, Selby, Ransdall, George, Haywood, Ross, St. Onge and Berkstresser, relating to a joint committee on terrorism, bioterrorism, and homeland security.



HB 1521, introduced by Representative Shields, relating to gambling moneys for schools.



HB 1522, introduced by Representatives Bearden and Luetkenhaus, relating to higher education funding.



HB 1523, introduced by Representatives Kelly (27), Lowe, Carnahan, Wilson (42) and Troupe, relating to crime victims' compensation.



HB 1524, introduced by Representative O'Toole, relating to public retirement systems.



HB 1525, introduced by Representatives O'Toole and Foley, relating to gaming activities.



HB 1526, introduced by Representative Bartle, relating to victim's rights.



HB 1527, introduced by Representative Graham, relating to the board of curators of the University of Missouri.



HB 1528, introduced by Representatives Treadway, Holand, Foley, Hegeman, Johnson (90) and Dolan, et al, relating to physician assistants.



HB 1529, introduced by Representative Hegeman, relating to public retirement systems.



HB 1530, introduced by Representative Hoppe, relating to liquor control.



HB 1531, introduced by Representative Hoppe, relating to the provision of emergency services.



HB 1532, introduced by Representative Hoppe, relating to consumption of intoxicating beverage as proximate cause of injury in tort actions.



HB 1533, introduced by Representatives Portwood, Monaco, Naeger, Bartle, Scheve, Rizzo, Kelly (27), Enz, Cunningham and Reinhart, et al, relating to health insurance coverage for chiropractic care.



HB 1534, introduced by Representative Clayton, relating to Clutch's law.



HB 1535, introduced by Representatives Clayton and Shoemyer (9), relating to the designation of highway 15 as the flower road.



HB 1536, introduced by Representative Clayton, relating to sexual offenses.



HB 1537, introduced by Representative Clayton, relating to administration of small estates.



HB 1538, introduced by Representative Clayton, relating to the retirement system for prosecuting and circuit attorneys.



HB 1539, introduced by Representative Clayton, relating to drivers' licenses.



HB 1540, introduced by Representative Bartle, relating to the telemarketing no-call list.



HB 1541, introduced by Representative Bray, relating to tax exemptions.



COMMITTEE CHANGES



The Speaker submitted the following Committee changes:



Representative Berkowitz is no longer Vice-chair of the Social Services, Medicaid and the Elderly Committee.



Representative Daus has been appointed Vice-chair of the Social Services, Medicaid and the Elderly Committee.



WITHDRAWAL OF HOUSE BILLS



January 16, 2002



Mr. Ted Wedel, Chief Clerk

House of Representatives

Jefferson City, MO 65101



Dear Ted:



I respectfully request that HB 1186 be withdrawn. Thank you for your attention to this matter.











Cordially,



/s/ W. Craig Hosmer

State Representative

District 138



___________________________





DATE: January 17, 2002



TO: Speaker Kreider



FROM: Representative Gary Burton



SUBJECT: Withdraw HB 1405



Please withdraw House Bill 1405. An updated version of this bill has since been filed. Thank you for your assistance.



The following member's presence was noted: Nordwald.



ADJOURNMENT



On motion of Representative Foley, the House adjourned until 4:00 p.m., Monday, January 21, 2002.



CORRECTION TO THE HOUSE JOURNAL



Correct House Journal, Fifth Day, Wednesday, January 16, 2002, page 74, roll call, by showing Representative Myers voting "aye" rather than "absent with leave".



COMMITTEE MEETINGS



ADMINISTRATION AND ACCOUNTS

Tuesday, January 22, 2002, 1:00 p.m. Hearing Room 1.



AGRICULTURE

Wednesday, January 23, 2002, 3:00 p.m. Hearing Room 7.

Public testimony.



APPROPRIATIONS - EDUCATION

Tuesday, January 22, 2002, 2:00 p.m. Hearing Room 1.

Presentation on foundation formula funding.



APPROPRIATIONS - GENERAL ADMINISTRATION

Tuesday, January 22, 2002, 12:00 p.m. Hearing Room 7.

Office of Administration, Public Debt, Public Defender and Judiciary.

CANCELLED.



APPROPRIATIONS - NATURAL AND ECONOMIC RESOURCES

Monday, January 28, 2002, 12:30 p.m. Hearing Room 5.

Department of Agriculture, Department of Conservation

Hearing on Governor's recommendations.



APPROPRIATIONS - NATURAL AND ECONOMIC RESOURCES

Tuesday, January 29, 2002, upon adjournment, Hearing Room 5.

Department of Economic Development, Department of Labor & Industrial Relations

Governor's recommendations.



APPROPRIATIONS - NATURAL AND ECONOMIC RESOURCES

Wednesday, January 30, 2002, upon adjournment, Hearing Room 5.

Department of Natural Resources, Department of Insurance

Governor's recommendations.



APPROPRIATIONS - SOCIAL SERVICES

Tuesday, January 22, 2002. Hearing Room 3 upon adjournment.

Department of Social Services

Update; projections on Medicaid and federal mandates.



BUDGET

Monday, January 21, 2002, 1:00 p.m. Hearing Room 3.

Presentation and discussion of private sector reports on Missouri state expenditures.



BUDGET

Wednesday, January 23, 2002, 1:00 p.m. Hearing Room 3.

Presentation by Commission reporting on Missouri's budgetary process.



COMMERCE AND ECONOMIC DEVELOPMENT

Tuesday, January 22, 2002, 3:00 p.m. House Lounge.

To be considered - HB 1143, HB 1144



CONSERVATION, STATE PARKS AND MINING

Monday, January 28, 2002, 5:30 p.m. Runge Conservation Nature Center.

To be discussed: Quail; Draft DNR proposed regulations pertaining to sand and gravel mining.



EDUCATION - ELEMENTARY AND SECONDARY

Monday, January 21, 2002, 3:30 p.m. Hearing Room 5.

To be considered - Executive Session - HB 1062, Executive Session - HB 1063,

Executive Session - HB 1338



ELECTIONS

Tuesday, January 22, 2002, 7:30 p.m. Hearing Room 5.

To be considered - HB 1030, HB 1461



JUDICIARY

Tuesday, January 22, 2002, 12:00 p.m. Hearing Room 5.

To be considered - HB 1037, HB 1074, HB 1188, HB 1271



LABOR

Tuesday, January 22, 2002, 8:00 p.m. Hearing Room 3.

To be considered - HB 1054, HB 1069



LOCAL GOVERNMENT AND RELATED MATTERS

Tuesday, January 22, 2002, 3:00 p.m. Hearing Room 7.

Executive Session may follow.

To be considered - HB 1045, HB 1065, HB 1070, HB 1085, HB 1147, HB 1148, HB 1185



PUBLIC SAFETY, LAW ENFORCEMENT AND VETERAN AFFAIRS

Tuesday, January 22, 2002, 8:45 a.m. Hearing Room 6.

Executive Session may follow.

To be considered - HB 1051, HB 1158, HB 1399



PUBLIC SAFETY, LAW ENFORCEMENT AND VETERAN AFFAIRS

Tuesday, January 22, 2002, 5:00 p.m. Senate Lounge.

Joint meeting with House and Senate Veterans Committee members.



HOUSE CALENDAR



SEVENTH DAY, MONDAY, JANUARY 21, 2002



HOUSE CONCURRENT RESOLUTIONS FOR SECOND READING



HCR 8 and HCR 9



HOUSE BILLS FOR SECOND READING



HB 1505 through HB 1541


Missouri House of Representatives