Journal of the House

Second Regular Session, 91st General Assembly

TWENTY-FIRST DAY, Wednesday, February 13, 2002

Speaker Pro Tem Abel in the Chair.

Prayer by Reverend Rudy Beard.

Gracious God, we give thanks for life this day and for the life of our families, friends and all in this state. Bless the men and women of the House and their staff, as they seek to be useful in serving others. Strengthen them in all good and protect them from meanness of spirit. As they set to work, we offer the prayer of Reinhold Niebhhr:

God, grant me the serenity to accept the things I cannot change,

The courage to change the things I can,

And the wisdom to know the difference.

To You be glory and honor. Amen.

The Pledge of Allegiance to the flag was recited.

The Journal of the twentieth day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 294 - Representative Green (73)

House Resolution No. 295 - Representative Abel

House Resolution No. 296

through

House Resolution No. 298 - Representative Phillips

House Resolution No. 299 - Representative Miller

House Resolution No. 300 - Representative Portwood, et al

House Resolution No. 301 - Representative Davis, et al

House Resolution No. 302 - Representative Fraser

House Resolution No. 303 - Representative Harlan, et al

House Resolution No. 304 - Representatives Treadway and Liese

SECOND READING OF HOUSE CONCURRENT RESOLUTION

HCR 16 was read the second time.

SECOND READING OF HOUSE JOINT RESOLUTION

HJR 49 was read the second time.

SECOND READING OF HOUSE BILLS

HB 1890 through HB 1911 were read the second time.

SECOND READING OF SENATE BILLS

SB 720 and SB 758 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 HBs 1150, 1237 & 1327, 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

HCS HBs 1134, 1100 & 1559, relating to the Conservation Commission, was taken up by Representative Relford.

On motion of Representative Relford, HCS HBs 1134, 1100 & 1559 was read the third time and passed by the following vote:

AYES: 157

Abel	Baker	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	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	Hampton	Hanaway	Harding	Harlan
Hartzler	Haywood	Hegeman	Henderson	Hendrickson
Hickey	Hilgemann	Hohulin	Holand	Hollingsworth
Holt	Hoppe	Hosmer	Hunter	Jetton
Johnson 61	Johnson 90	Jolly	Kelley 47	Kelly 144
Kelly 27	Kelly 36	King	Koller	Lawson
Legan	Liese	Linton	Lograsso	Long
Lowe	Luetkemeyer	Luetkenhaus	Marble	Marsh
May 149	Mayer	Mays 50	McKenna	Merideth
Miller	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	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: 002

Hagan-Harrell	Monaco

VACANCIES: 004

Speaker Pro Tem Abel declared the bill passed.

REFERRAL OF HOUSE CONCURRENT RESOLUTION

The following House Concurrent Resolution was referred to the Committee indicated:

HCR 15 - Miscellaneous Bills & Resolutions

REFERRAL OF HOUSE BILL

The following House Bill was referred to the Committee indicated:

HB 1773 - Municipal Corporations

COMMITTEE REPORTS

Committee on Criminal Law, Chairman Hosmer reporting:

Mr. Speaker: Your Committee on Criminal Law, to which was referred HB 1498, begs leave to report it has examined the same and recommends that it Do Pass.

Committee on Elections, Chairman Seigfreid reporting:

Mr. Speaker: Your Committee on Elections, to which was referred HB 1342, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Elections, to which was referred HB 1492, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Elections, to which was referred HB 1495, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Ethics, Chairman Clayton reporting:

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

September 13, 2001

Rep. Robert Clayton, Chairman

Ethics Committee

State Capitol Room 413A

Dear Rep. Clayton,

Please add Representatives Mike Daus, John Quinn, and Jim Whorton to the membership of the Freshman Caucus.

Their signatures consenting to this action is included on this request.

Sincerely,

/s/ Rep. Carl Bearden

/s/ Rep. Mike Daus District 67

/s/ Rep. John Quinn District 7

/s/ Rep. Jim Whorton District 3

______________________________

September 13, 2001

Rep. Robert Clayton, Chairman

Ethics Committee

State Capitol Room 413A

Dear Rep. Clayton,

Please add Representative Chris Shoemaker to the membership of the Freshman Caucus.

Their signatures consenting to this action is included on this request.

Sincerely,

/s/ Rep. Carl Bearden

/s/ Rep. Chris Shoemaker District 8

Committee on Ethics, Chairman Clayton reporting:

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

To: Rep. Robert Clayton

Chairman, House Ethics Committee

From: Rep. Bob Behnen

Chairman, Millennium Majority Caucus

Subject: Addition

I respectfully request that Rep. John Quinn and Rep. Chris Shoemaker be added to the Millennium Majority Caucus.

/s/ John Quinn - District #7 /s/ Chris Shoemaker - District #8

Mr. Speaker: Your Committee on Ethics, to which was referred additions to the Rural Democrats Caucus, begs leave to report it has examined the same approves it pursuant to 105.473(2)(c)d RSMo.

February 5, 2002

Honorable Robert Clayton

Chairman

House Ethics Committee

Capitol Building

Room 413A

Jefferson City, MO 65101

Dear Representative Clayton:

I respectfully request Representative Jim Whorton, District 3, be added to the roster of members for the Rural Democrats Caucus.

Thank you for your consideration of this request.

Sincerely,

/s/ Denny Merideth, III

State Representative

District 162

/s/ Jim Whorton - District 3

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

To: Robert M. Clayton, III

House Ethics Committee

From: Rep. Ralph Monaco

Date: February 4, 2002

Re: Truman Area Legislators' Caucus

Pursuant to Section 105.473.3(2)(c)d, RSMo, I would like to seek approval for the Truman Area Legislators' Caucus. The Chairman of the Caucus will be Ralph A. Monaco (49). Attached you will find the name and district number of the members of this Caucus.

Truman Area Legislators' Caucus

Senators:

/s/ Ronnie DePasco (11)

/s/ Bill Kenney (8)

/s/ James Mathewson (21)

Representatives:

/s/ Dennis Bonner (51)

/s/ Connie Cierpiot (52)

/s/ Ralph Monaco (49)

/s/ Carson Ross (55)

/s/ Don Lograsso (54)

/s/ Carol Jean Mays (50)

/s/ Pat Kelley (47)

/s/ Dick Franklin (53)

/s/ Matt Bartle (56)

/s/ Melba Curls (41)

/s/ Yvonne Wilson (42)

/s/ Craig Bland (43)

Mr. Speaker: Your Committee on Ethics, to which was referred the Western Missouri River 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 Bill Skaggs

Date: January 28, 2002

Subject: Western Missouri River Caucus

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

A listing of the members of the 91^st General Assembly, Second Regular Session Western Missouri River Caucus is attached.

District Name

6 /s/ Randall Relford

26 /s/ Jim Seigfreid

30 /s/ Meg Harding

31 /s/ Bill Skaggs

33 /s/ Phil Willoughby

38 /s/ Tim Van Zandt

39 /s/ Marsha Campbell

44 /s/ Jenee Lowe

45 /s/ Cathy Jolly

53 /s/ Dick Franklin

122 /s/ D.J. Davis

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

Date: January 29, 2002

To: Rep. Robert Clayton

Chairman, House Ethics Committee

From: Rep. Blaine Luetkemeyer

Chairman, Minority Caucus

Subject: New Caucus Members

I respectfully ask that John Quinn and Chris Shoemaker be added to the Republican Caucus.

/s/ John Quinn - 7^th District /s/ Chris Shoemaker - 8^th District

Committee on Insurance, Chairman Luetkenhaus reporting:

Mr. Speaker: Your Committee on Insurance, to which was referred HB 1375, 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 1381, 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 HR 26, begs leave to report it has examined the same and recommends that it Do Pass.

HOUSE RESOLUTION NO. 26

WHEREAS, the General Assembly of the State of Missouri has a long tradition of rendering assistance to worthwhile youth activities, especially those related to governmental or citizenship projects; and

WHEREAS, the Missouri Jaycees organization has sought to instill leadership qualities in its members through its excellent mock legislature program; and

WHEREAS, the General Assembly has maintained a policy of granting such organizations permission to use the House Chamber for the purpose of their governmental and citizenship programs:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-first General Assembly, hereby grant the Missouri Jaycees permission to use the House Chamber for the purpose of holding the Thirty-third Annual Missouri Jaycee Mock Legislature on Saturday, November 2, 2002.

Mr. Speaker: Your Committee on Miscellaneous Bills & Resolutions, to which was referred HR 124, begs leave to report it has examined the same and recommends that it Do Pass.

HOUSE RESOLUTION NO. 124

WHEREAS, the Girl Scouts have sought to instill values of high integrity and citizenship within our youth and to provide them with an opportunity to experience state government firsthand; and

WHEREAS, the General Assembly has maintained a policy of granting such organizations permission to use the House Chamber for beneficial purposes; and

WHEREAS, the Girl Scouts provide their members with an opportunity to earn a merit badge for learning about the legislative process:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-first General Assembly, hereby grant the Girl Scouts permission to use the House Chamber for the purpose of earning merit badges on Saturday, June 1, 2002, from 8:00 a.m. until 12:00 p.m.

Mr. Speaker: Your Committee on Miscellaneous Bills & Resolutions, to which was referred HR 137, begs leave to report it has examined the same and recommends that it Do Pass.

HOUSE RESOLUTION NO. 137

WHEREAS, the Missouri General Assembly has compiled a long tradition of rendering assistance to those programs aimed at developing exemplary qualities of citizenship and leadership within our youth; and

WHEREAS, the Missouri Girls State program of the American Legion Auxiliary has earned considerable recognition for its success in providing young women with a unique and valuable insight into the processes of democratic government through a format of direct role playing experience; and

WHEREAS, from June 23 to June 29, 2002, the American Legion Auxiliary, Department of Missouri, will conduct the 61st Annual Session of Missouri Girls State; and

WHEREAS, an important highlight of this event will be conducting a mock legislative session in the House Chamber at our State Capitol, where participants gather each year to gain a more realistic insight into official governmental and electoral proceedings:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-first General Assembly, hereby grant the adult leaders and participants of the 61st Annual Session of the Missouri Girls State permission to use the House Chamber for the purpose of swearing in mock legislative officials on the afternoon of Tuesday, June 22, 2002, from 1:30 p.m. to 3:30 p.m.

Mr. Speaker: Your Committee on Miscellaneous Bills & Resolutions, to which was referred HR 136, begs leave to report it has examined the same and recommends that it Do Pass.

HOUSE RESOLUTION NO. 136

WHEREAS, the members of the Missouri House of Representatives deem it both proper and necessary to maintain a cooperative relationship between our state's governmental bodies and the legal system; and

WHEREAS, the General Assembly has a long tradition of granting the use of its House and Senate Chambers for the purposes of official functions:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-first General Assembly, hereby grant the Eastern and Western District Federal Courts of Missouri permission to use the House Chamber for the purpose of swearing in newly-licensed members of the Missouri Bar on Friday, April 26, 2002, from 10:00 a.m. until 12:00 p.m. and on Friday, September 27, 2002, from 10:00 a.m. until 12:00 p.m.

Mr. Speaker: Your Committee on Miscellaneous Bills & Resolutions, to which was referred HB 1421, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Miscellaneous Bills & Resolutions, to which was referred HB 1451, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

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 1398, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

INTRODUCTION OF HOUSE JOINT RESOLUTION

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

HJR 50, introduced by Representative Green (73), relating to the budget control fund.

INTRODUCTION OF HOUSE BILLS

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

HB 1912, introduced by Representative Cunningham, et al, relating to the taxation of property.

HB 1913, introduced by Representative Kelly (27), relating to ambulance services.

HB 1914, introduced by Representative Mays (50), relating to the funding of the public service commission and office of public counsel.

HB 1915, introduced by Representative Hollingsworth, relating to consolidation of all higher education scholarship programs.

HB 1916, introduced by Representative Franklin, relating to election of school board members in certain urban school districts.

HB 1917, introduced by Representative Hollingsworth, relating to permanency in the placement of children.

HB 1918, introduced by Representative Koller, relating to avoidance of weigh stations.

HB 1919, introduced by Representative Treadway, relating to the licensure of mental health professionals.

HB 1920, introduced by Representatives Liese, Ransdall, Troupe, Legan, Gratz, Hanaway and Green (73), et al, relating to the vocational enterprises program.

HB 1921, introduced by Representative Green (73), relating to the authority of the director of the division of credit unions to examine certain credit unions.

HB 1922, introduced by Representatives Green (73), Hanaway, O'Toole, McKenna, Wagner, St. Onge, Bearden and Dempsey, et al, relating to regional transportation development districts.

HB 1923, introduced by Representatives Barry, O'Connor, Haywood, Selby, Lowe, Kelly (36) and Moore, et al, relating to nurse staffing plans.

HB 1924, introduced by Representatives Wagner and McKenna, relating to property tax exemptions.

HB 1925, introduced by Representatives Hanaway, Portwood, Ostmann, Reinhart, Behnen, Quinn and Jetton, et al, relating to the foster care reimbursement rate.

HB 1926, introduced by Representatives Fraser, Kreider, Barry, Foley, Hilgemann, Kelly (27), Carnahan, Thompson, Curls, Johnson (90), Crump, Riback Wilson (25) and Lawson, et al, relating to the extension of the termination date of the children's health program.

HB 1927, introduced by Representatives Reynolds, Luetkenhaus, Shoemaker (8), Copenhaver, Hendrickson and Walton, relating to reimbursement of residential care facilities providing care to children in the custody of the state.

HB 1928, introduced by Representatives Overschmidt, Lawson and Robirds, et al, relating to the tourism supplemental revenue fund.

HB 1929, introduced by Representative Burton, relating to the public service commission.

HB 1930, introduced by Representative Burton, relating to the establishment of the electronic government services act.

HB 1931, introduced by Representatives Johnson (61) and Daus, et al, relating to police officers.

HB 1932, introduced by Representative George, relating to employment security.

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 adopted SCR 37.

SENATE CONCURRENT RESOLUTION NO. 37

WHEREAS, cancer is a leading cause of morbidity and mortality in the State of Missouri and throughout the Nation; and

WHEREAS, cancer is disproportionately a disease of the elderly, with more than half of all cancer diagnoses occurring in persons 65 years of age or older who are thus dependent on the federal Medicare program for provision of cancer care; and

WHEREAS, since treatment with anti-cancer drugs is the cornerstone of modern cancer care, elderly cancer patients must have access to potentially life-extending drug therapy, but the Medicare program's coverage of drugs is limited to injectable drugs or oral drugs that have an injectable version; and

WHEREAS, the Nation's investment in biomedical research has begun to bear fruit with a compelling array of new oral anti-cancer drugs that are less toxic, more effective, and more cost-effective than existing therapies, but because such drugs do not have an injectable equivalent, they are not covered by Medicare; and

WHEREAS, noncoverage of these important new products leaves many Medicare beneficiaries confronting the choice of either substantial out-of-pocket personal costs or selection of more toxic, less effective treatments that are covered by the program; and

WHEREAS, Medicare's failure to cover oral anti-cancer drugs leaves at risk many beneficiaries suffering from blood-related cancers like leukemia, lymphoma, and myeloma, as well as cancers of the breast, lung, and prostate; and

WHEREAS, certain members of the United States Congress have recognized the necessity of Medicare coverage for all oral anti-cancer drugs and introduced legislation in the 107th Congress to achieve such result (H.R. 1624 and S. 913):

NOW, THEREFORE, BE IT RESOLVED that the members of the Senate of the Ninety-first General Assembly, Second Regular Session, the House of Representatives concurring therein, respectfully urge the United States Congress to adopt legislation requiring the Medicare program to cover all oral anti-cancer drugs; and

BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for the President of the United States, the Secretary of Health and Human Services, the Administrator of the Centers for Medicare and Medicaid Services, and each member of the Missouri Congressional Delegation.