Journal of the House



Second Regular Session, 91st General Assembly


TWELFTH DAY, Tuesday, January 29, 2002



Speaker Kreider in the Chair.



Prayer by Representative Betty Thompson.



Thank God for another day, one that you and I have never seen before.



I ask God to bless our Speaker who is the keeper of this House, and our legislators and families that we may be good and faithful servants of the people, who we represent.



God, we ask that You put Your arms around us during these tough times of budget cuts. We're not perfect, but we serve a perfect God, so continue to protect our children, senior citizens, disabled, veterans, and the people of this great state.



We ask these blessings in Your name. We shall walk together children and don't get weary. There will be a great day coming in the Promised Land. 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: Caroline Francis, Bridgette Stephens, Ben Truesdell, James Hyatt, Karis Sims, Paul Messmer, Cole Abel, Daniel Wakefield, Adam Magee, Martha Hensel, Lucia Bourgeois, Jordan Isgriggs and James Keathley.



The Journal of the eleventh day was approved as corrected.



HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED



House Resolution No. 139 - Representatives Hendrickson and Enz

House Resolution No. 140 - Representatives Ross and Lograsso

House Resolution No. 141 - Representative Ross

House Resolution No. 142 - Representative Roark

House Resolution No. 143 - Representative Kreider

House Resolution No. 144 - Representative George

SECOND READING OF HOUSE CONCURRENT RESOLUTION



HCR 10 was read the second time.





SECOND READING OF HOUSE BILLS



HB 1655 through HB 1676 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 HS HCS HBs 1037, 1188, 1074 & 1271, 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.



THIRD READING OF HOUSE BILL



HS HCS HBs 1037, 1188, 1074 & 1271, relating to statute of limitations, was taken up by Representative Hosmer.



On motion of Representative Hosmer, HS HCS HBs 1037, 1188, 1074 & 1271 was read the third time and passed by the following vote:



AYES: 154
Abel Baker Ballard Barnett Barnitz
Barry 100 Bartle Bearden Behnen Berkowitz
Berkstresser Black Bland Boatright Bonner
Boucher Bowman Boykins Bray 84 Britt
Brooks Burcham Burton Byrd Campbell
Carnahan Champion Cierpiot Clayton Cooper
Copenhaver Crawford Crowell Crump Cunningham
Curls Daus Davis Dempsey Dolan
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 Hendrickson Hickey
Hilgemann Hohulin Holand Hollingsworth Holt
Hoppe Hunter Jetton Johnson 61 Johnson 90
Jolly Kelley 47 Kelly 144 Kelly 27 King
Koller Lawson Legan Liese Linton
Lograsso Long Lowe Luetkemeyer Luetkenhaus
Marble Marsh May 149 Mayer Mays 50
McKenna Merideth Miller Monaco Moore
Murphy Myers Naeger Nordwald O'Connor
O'Toole Ostmann Overschmidt Phillips Portwood
Purgason Quinn Ransdall Rector Reid
Reinhart Relford Reynolds Richardson Rizzo
Roark Robirds Ross Scheve Schwab
Scott Secrest Seigfreid Selby Shelton
Shields Shoemaker Shoemyer Skaggs Smith
St. Onge Surface Thompson Townley Treadway
Troupe Van Zandt Villa Vogel Wagner
Walton Ward Whorton Williams Willoughby
Wilson 25 Wilson 42 Wright Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 005
Bartelsmeyer Henderson Hosmer Kelly 36 Ridgeway
VACANCIES: 004


Speaker Kreider declared the bill passed.



The emergency clause was adopted by the following vote:



AYES: 152
Abel Baker Ballard Barnett Barnitz
Barry 100 Bartle Bearden Behnen Berkowitz
Berkstresser Black Bland Boatright Bonner
Boucher Bowman Boykins Bray 84 Britt
Brooks Burcham Burton Byrd Campbell
Carnahan Champion Cierpiot Clayton Cooper
Copenhaver Crawford Crowell Crump Cunningham
Curls Daus Davis Dempsey Dolan
Enz Fares Farnen Foley Franklin
Fraser Froelker Gambaro Gaskill George
Graham Gratz Green 15 Green 73 Griesheimer
Hagan-Harrell Hampton Hanaway Harding Hartzler
Haywood Hendrickson Hickey Hilgemann Hohulin
Holand Hollingsworth Holt Hoppe Hosmer
Hunter Jetton Johnson 61 Johnson 90 Jolly
Kelley 47 Kelly 144 Kelly 27 King Koller
Lawson Legan Liese Lograsso Long
Lowe Luetkemeyer Luetkenhaus Marble Marsh
May 149 Mayer Mays 50 McKenna Merideth
Miller Monaco Moore Murphy Myers
Naeger Nordwald O'Connor O'Toole Ostmann
Overschmidt Phillips Portwood Purgason Quinn
Ransdall Rector Reid Reinhart Relford
Reynolds Richardson Ridgeway Rizzo Roark
Robirds Ross Scheve Scott Secrest
Seigfreid Selby Shelton Shields Shoemaker
Shoemyer Skaggs Smith St. Onge Surface
Thompson Townley Treadway Troupe Van Zandt
Villa Vogel Wagner Walton Ward
Whorton Williams Willoughby Wilson 25 Wilson 42
Wright Mr. Speaker
NOES: 000
PRESENT: 000


ABSENT WITH LEAVE: 007
Bartelsmeyer Harlan Hegeman Henderson Kelly 36
Linton Schwab
VACANCIES: 004


REFERRAL OF HOUSE BILLS



The following House Bills were referred to the Committee indicated:



HB 1196 - Transportation

HB 1466 - Transportation

HB 1472 - Environment and Energy



COMMITTEE REPORTS



Committee on Ethics, Chairman Clayton reporting:



Mr. Speaker: Your Committee on Ethics, to which was referred the TOURISM CAUCUS, begs leave to report it has examined the same and approves it pursuant to 105.473.3(2)(c)d RSMo.



To: Representative Robert Clayton

Chairman, House Ethics Committee



From: Representative Estel Robirds



Date: January 17, 2002



Subject: Tourism Caucus



In accordance with Section 105.473.3(2)(c)d, RSMo, I would like to request a hearing and approval for the Missouri House Tourism Caucus.



A listing of the members of the 91st General Assembly, Second Regular Session Tourism Caucus is attached.



District Name



4 /s/ Rex Barnett

6 /s/ Randall Relford

9 /s/ Wes Shoemyer

10 /s/ Robert Clayton

16 /s/ Carl Bearden

17 /s/ Bruce Holt

20 /s/ Danielle Moore

24 /s/ Chuck Graham

25 /s/ Vicky Riback Wilson

29 /s/ Maurice Lawson

34 /s/ Annie Reinhart

44 /s/ Jenee Lowe

48 /s/ Bill Boucher

53 /s/ Richard Franklin

55 /s/ Carson Ross

65 /s/ Derio Gambaro

77 /s/ David Reynolds

83 /s/ Barbara Fraser

85 /s/ Christopher Liese

91 /s/ Kathlyn Fares

105 /s/ Harold Selby

109 /s/ John Griesheimer

110 /s/ Francis Overschmidt

111 /s/ Jim Froelker

112 /s/ Merrill Townley

113 /s/ Bill Gratz

115 /s/ Blaine Luetkemeyer

116 /s/ Steve Henderson

117 /s/ Larry Crawford

119 /s/ Delbert Scott

120 /s/ Shannon Cooper

122 /s/ D.J. Davis

123 /s/ Ed Hartzler

125 /s/ Jerry King

127 /s/ Steve Hunter

129 /s/ Chuck Surface

131 /s/ Sam Gaskill

132 /s/ Linda Bartelsmeyer

134 /s/ Norma Champion

135 /s/ Roy Holand

141 /s/ Judy Berkstresser

143 /s/ Estel Robirds

148 /s/ Bill Ransdall

155 /s/ Patrick Naeger

156 /s/ Rod Jetton

160 /s/ Peter Myers, Sr.

144 /s/ Van Kelly

146 /s/ Beth Long

152 /s/ Wayne Crump

102 /s/ Ryan McKenna

18 /s/ Tom Dempsey

149 /s/ Bob May

153 /s/ Don Koller

145 /s/ Ken Legan

154 /s/ Mark Richardson



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 1519, begs leave to report it has examined the same and recommends that it Do Pass By Consent.









INTRODUCTION OF HOUSE CONCURRENT RESOLUTION



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



HCR 11, introduced by Representative Clayton, to improve environmental quality for the benefit of the State of Missouri.



INTRODUCTION OF HOUSE JOINT RESOLUTION



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



HJR 43, introduced by Representatives Luetkenhaus and Ostmann, relating to the legislative department.



INTRODUCTION OF HOUSE BILLS



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

HB 1677, introduced by Representatives Selby, Bray and Bartelsmeyer, et al, relating to the administration of psychotropic medications to minors.



HB 1678, introduced by Representative Mays (50), relating to economy-rate telephone services.



HB 1679, introduced by Representatives Crump, Richardson, Gambaro, Foley, Haywood, O'Toole, Holt, Overschmidt and Shoemyer (9), et al, relating to horse racing and pari-mutuel wagering.



HB 1680, introduced by Representatives Hampton, Holt, Ransdall, Crump, Wagner, Clayton, Lograsso, Barnitz, Whorton, Ward and Luetkenhaus, et al, relating to rights of political subdivisions.



HB 1681, introduced by Representatives Reid, Cunningham, Linton, Enz, Holand, Troupe, Cierpiot, Boucher, Quinn and Shoemaker (8), et al, relating to phonics instruction.



HB 1682, introduced by Representative Treadway, relating to the practice of dentistry.



HB 1683, introduced by Representatives Williams, Bray, Ostmann, Hosmer, Boucher, Fraser and Ladd Baker, et al, relating to seat belts.



HB 1684, introduced by Representatives Luetkenhaus and Ostmann, relating to gambling admission fees.



HB 1685, introduced by Representatives Luetkenhaus and Ostmann, relating to transportation funding.





HB 1686, introduced by Representatives Lowe, Riback Wilson (25), Harding, Kelley (47) and Curls, et al, relating to boating while intoxicated.



HB 1687, introduced by Representatives Relford and Hoppe, relating to contracts for public water and sewer supply.



HB 1688, introduced by Representatives O'Connor, Naeger and Ross, et al, relating to the sale of motor vehicles and vessels.



HB 1689, introduced by Representative Treadway, relating to professional licensing requirements.



HB 1690, introduced by Representative Smith, relating to hazardous waste management.



HB 1691, introduced by Representatives Curls, Mays (50), Williams, Hollingsworth, Bland, Hoppe and Thompson, et al, relating to telephone service for prison inmates.



HB 1692, introduced by Representatives Overschmidt, Koller and Hoppe, relating to liquor sales by the drink in a convention trade area.



HB 1693, introduced by Representative Shields, relating to closed records.



HB 1694, introduced by Representatives Selby, Shoemyer (9) and Kreider, relating to metabolic and genetic diseases.



HB 1695, introduced by Representatives Selby, Shoemyer (9) and Kreider, relating to health insurance coverage for maple syrup urine disease.



HB 1696, introduced by Representatives Bowman, Thompson and O'Connor, relating to motor vehicle agency fees.



HB 1697, introduced by Representative Hosmer, relating to rent and possession suits.



HB 1698, introduced by Representative Hosmer, relating to practice and procedure in civil cases originally filed before associate judges.



HB 1699, introduced by Representatives Hosmer, Kreider and Marsh, relating to the protection of certain children.



HB 1700, introduced by Representatives Hosmer, Jolly, Britt, Marsh and Boucher, et al, relating to DNA evidence.









COMMITTEE CHANGES



The Speaker submitted the following Committee changes:



Representative Shoemaker (8) has been appointed a member of the Appropriations-Transportation Committee and the Ways and Means Committee.



WITHDRAWAL OF HOUSE BILLS



January 15, 2002



The Honorable Jim Kreider, Speaker

Missouri House of Representatives

State Capitol

Jefferson City, MO 65101



Dear Mr. Speaker:



This letter is to request that HB 1175, relating to acquisition of property for airports, and HB 1176, relating to airport noise studies, be withdrawn.



Thank you for your consideration of this request.



/s/ John J. Hickey

State Representative



______________________________



January 29, 2002



The Honorable Jim Kreider

Speaker of the House of Representatives

State Capitol Building



Dear Mr. Speaker:



I would like to request that House Bill 1493, introduced by me, be withdrawn from consideration.



Thank you.



Sincerely,



/s/ Jim Seigfreid



The following member's presence was noted: Henderson.



ADJOURNMENT



On motion of Representative Foley, the House adjourned until 10:00 a.m., Wednesday, January 30, 2002.



CORRECTION TO THE HOUSE JOURNAL



Correct House Journal, Eleventh Day, Monday, January 28, 2002, page 143, line 13, by deleting all of said line and inserting in lieu thereof the following:



The following members' presence was noted: Hickey, Reid and Green (15).

COMMITTEE MEETINGS



AGRICULTURE

Wednesday, January 30, 2002, 3:00 p.m. Hearing Room 7.

Subcommittee meetings to follow.

To be considered - HB 1240, HB 1348



APPROPRIATIONS - CORRECTIONS AND PUBLIC SAFETY

Wednesday, January 30, 2002, 11:00 a.m. Hearing Room 1.

Homeland Security overview.

Task Force 1 presentation.



APPROPRIATIONS - EDUCATION

Wednesday, January 30, 2002, 1:00 p.m. Hearing Room 1.

Department of Elementary and Secondary Education.

Public testimony.



APPROPRIATIONS - EDUCATION

Thursday, January 31, 2002. Hearing Room1 upon adjournment.

Coordinating Board for Higher Education.

Truman, Lincoln, Harris-Stowe, North Central, SMSU, SEMO, MO Western, MO Southern,

Linn State.

AMENDED.



APPROPRIATIONS - EDUCATION

Monday, February 4, 2002, 1:00 p.m. Hearing Room 1.

Continuation of Colleges, Universities, Community Colleges.

University of MO Public testimony. AMENDED.



APPROPRIATIONS - EDUCATION

Tuesday, February 5, 2002. Hearing Room 1 upon adjournment.

Mark-up session.



APPROPRIATIONS - EDUCATION

Wednesday, February 6, 2002. Hearing Room 1 upon adjournment.

Mark-up continued.







APPROPRIATIONS - EDUCATION

Thursday, February 7, 2002. Hearing Room 1 upon adjournment.

Mark-up continued.



APPROPRIATIONS - GENERAL ADMINISTRATION

Wednesday, January 30, 2002. Hearing Room 7 fifteen minutes after adjournment.

Office of Administration. AMENDED.



APPROPRIATIONS - HEALTH AND MENTAL HEALTH

Wednesday, January 30, 2002. Hearing Room 6 upon adjournment or 11:00 a.m.

Testimony Health, Mental Health, Senior Services.

Staff Department of Mental Health.



APPROPRIATIONS - HEALTH AND MENTAL HEALTH

Thursday, January 31, 2002. Hearing Rm.6 upon adjournment or 11:00 a.m.

Testimony Health, Mental Health, Senior Services.

Staff Department of Mental Health.



APPROPRIATIONS - HEALTH AND MENTAL HEALTH

Monday, February 4, 2002, 1:30 p.m. Hearing Room 6.

Mark-up.



APPROPRIATIONS - HEALTH AND MENTAL HEALTH

Tuesday, February 5, 2002. Hearing Room 6 upon adjournment or 11:00 a.m.

Mark-up.



APPROPRIATIONS - HEALTH AND MENTAL HEALTH

Wednesday, February 6, 2002. Hearing Room 6 upon adjournment or 11:00 a.m.

Mark-up.



APPROPRIATIONS - NATURAL AND ECONOMIC RESOURCES

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

Department of Natural Resources.

Governor's recommendations.



APPROPRIATIONS - TRANSPORTATION

Wednesday, January 30, 2002, 8:30 a.m. Hearing Room 7.

MoDOT's budget.

Public testimony February 5, 6 and 7.



APPROPRIATIONS - TRANSPORTATION

Thursday, January 31, 2002, 8:30 a.m. Hearing Room 7.

MoDOT's budget.

Public testimony February 5, 6 and 7.



BUDGET

Thursday, January 31, 2002, 8:30 a.m. Hearing Room 3.

Presentation on the audit of Missouri's State Tax Credit Programs.



BUDGET

Thursday, January 31, 2002. Hearing Room 3 upon adjournment.

Presentation by Private Sector Commission. CANCELLED.



CIVIL AND ADMINISTRATIVE LAW

Wednesday, January 30, 2002, 3:00 p.m. Hearing Room 1.

Executive Session to follow.

To be considered - HB 1064, HB 1243, HB 1257, HB 1279



COMMERCE AND ECONOMIC DEVELOPMENT

Thursday, January 31, 2002, 9:00 a.m. Hearing Room 1.

Executive Session may follow.

To be considered - HB 1143



CRIMINAL LAW

Wednesday, January 30, 2002, 8:00 p.m. Hearing Room 7.

To be considered - HB 1211, HB 1227, HB 1245, HB 1256, HB 1498



EDUCATION - HIGHER

Wednesday, January 30, 2002, 3:00 p.m. Hearing Room 5.

To be considered - HB 1321, HB 1351, HB 1424



FISCAL REVIEW AND GOVERNMENT REFORM

Thursday, January 31, 2002, 9:30 a.m. Side gallery.

To be considered - HB 1399



JOINT COMMITTEE ON LEGISLATIVE RESEARCH

Wednesday, January 30, 2002, 1:00 p.m. Hearing Room 4.

Review of Oversight reports.



MISCELLANEOUS BILLS AND RESOLUTIONS

Wednesday, January 30, 2002, 8:45 a.m. Hearing Room 6.

To be considered - HCR 5, HCR 7, HJR 34, HJR 35



SOCIAL SERVICES, MEDICAID AND THE ELDERLY

Thursday, January 31, 2002, 8:30 a.m. Hearing Room 6. AMENDED.

To be considered - HB 1156, HB 1157, HB 1479









HOUSE CALENDAR



THIRTEENTH DAY, WEDNESDAY, JANUARY 30, 2002



HOUSE CONCURRENT RESOLUTION FOR SECOND READING



HCR 11



HOUSE JOINT RESOLUTION FOR SECOND READING



HJR 43



HOUSE BILLS FOR SECOND READING



HB 1677 through HB 1700



HOUSE BILLS FOR PERFECTION - CONSENT



(January 30, 2002)



1 HB 1519 - Boucher

2 HB 1192 - Harding



HOUSE BILLS FOR THIRD READING



HS HB 1399, E.C., (Fiscal Review 1-24-02) - Ransdall




Missouri House of Representatives