Journal of the House



Second Regular Session, 91st General Assembly


TWENTY-SEVENTH DAY, Monday, February 25, 2002



Speaker Kreider in the Chair.



Prayer by Father David Buescher.



Lord, our God, if we open up our eyes and look around we see a wealth of assets. The minds, talents, and experiences here in this Chamber, for example, whether of the same political party or not, the people of Missouri, the great material beauty and richness of our state - all this evokes wonder at Your generosity.



We are a people and a state flowing in many ways with milk and honey. This is Your trust to us. We are grateful. May we be equally responsible. Help us to continue to discover proper means to expand on all this, that we might reflect the trust You have put in us. May the laws passed in this Chamber protect, defend, and build up the multitude of temporal and spiritual blessings You have given us. Amen.



The Pledge of Allegiance to the flag was recited.



The Journal of the twenty-sixth day was approved as corrected by the following vote:



AYES: 149
Abel Baker Ballard Barnett Barnitz
Barry 100 Bartle Bearden Behnen Berkowitz
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 Fares
Farnen Foley Franklin Fraser Froelker
Gambaro Gaskill George Graham Gratz
Green 15 Green 73 Griesheimer Hagan-Harrell Hampton
Hanaway Harding Harlan Hartzler Haywood
Henderson Hendrickson Hickey Hilgemann Hohulin
Holand Hollingsworth Holt Hoppe Hosmer
Hunter Jetton 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 McKenna Merideth
Miller Monaco Moore Murphy Myers
Naeger Nordwald O'Connor O'Toole Ostmann
Overschmidt Phillips Portwood Quinn Ransdall
Rector Reid Reinhart Relford Reynolds
Richardson Ridgeway Rizzo Roark Ross
Scheve Schwab Scott Secrest Seigfreid
Selby Shelton Shields Shoemaker Shoemyer
Smith St. Onge Surface Thompson Townley
Treadway Troupe Van Zandt Villa Vogel
Wagner Walton Ward Whorton Williams
Willoughby Wilson 25 Wilson 42 Mr. Speaker
NOES: 002
Lograsso Purgason
PRESENT: 001
Wright
ABSENT WITH LEAVE: 007
Bartelsmeyer Berkstresser Enz Hegeman Johnson 61
Robirds Skaggs
VACANCIES: 004


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED



House Resolution No. 364 - Representative Copenhaver

House Resolution No. 365

through

House Resolution No. 474 - Representative Walton

House Resolution No. 475 - Representatives Hunter and Hohulin

House Resolution No. 476 - Representative Hunter

House Resolution No. 477 - Representatives Hunter and Hohulin

House Resolution No. 478 - Representative Behnen

House Resolution No. 479 - Representative Robirds

House Resolution No. 480 - Representative Boykins



SECOND READING OF HOUSE BILLS



HB 2015 through HB 2036 were read the second time.



SECOND READING OF SENATE BILLS



SB 708, SCS SB 712, SB 742, SB 860, SS SCS SB 931 and SB 974 were read the second time.



COMMITTEE REPORTS



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 HB 1472 and HB 1432, begs leave to report it has examined the same and finds them to be truly perfected and that the printed copies thereof furnished the members are correct.

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 HBs 1150, 1237 & 1327 (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 HCS HB 1398 (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 HCS HB 1711 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.



PERFECTION OF HOUSE BILLS



HB 1672, relating to income taxation of athletes and entertainers, was taken up by Representative Gambaro.



Speaker Pro Tem Abel assumed the Chair.



Representative Ransdall offered House Amendment No. 1.



House Amendment No. 1



AMEND House Bill No. 1672, Page 3, Section 143.183, Line 36, by deleting the number "2008" and inserting in lieu thereof the following: "[2008] 2010"; and



Further amend said bill, Page 3, Section 143.183, Line 39, by deleting the word "nine" and inserting in lieu thereof the following: "[nine] eleven"; and



Further amend said bill, Page 3, Section 143.183, Line 50, by deleting the number "2008" and inserting in lieu thereof the following: "[2008] 2010"; and



Further amend said bill, Page 3, Section 143.183, Line 53, by deleting the word "nine" and inserting in lieu thereof the following: "[nine] eleven"; and



Further amend said bill, Page 4, Section 143.183, Line 61, by deleting the number "2008" and inserting in lieu thereof the following: "[2008] 2010"; and



Further amend said bill, Page 4, Section 143.183, Line 64, by deleting the word "nine" and inserting in lieu thereof the following: "[nine] eleven"; and



Further amend said bill, Page 4, Section 143.183, Line 72, by deleting the number "2008" and inserting in lieu thereof the following: "[2008] 2010"; and



Further amend said bill, Page 4, Section 143.183, Line 75, by deleting the word "nine" and inserting in lieu thereof the following: "[nine] eleven"; and





Further amend said bill, Page 5, Section 143.183, Line 95, by deleting the number "2008" and inserting in lieu thereof the following: "[2008] 2010"; and



Further amend said bill, Page 5, Section 143.183, Line 98, by deleting the word "nine" and inserting in lieu thereof the following: "[nine] eleven"; and



Further amend said bill, Page 5, Section 143.183, Line 110, by deleting the number "2009" and inserting in lieu thereof the following: "[2009] 2011"; and



Further amend said bill, Page 5, Section 143.183, Line 111, by deleting the number "2009" and inserting in lieu thereof the following: "[2009] 2011"; and



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



On motion of Representative Ransdall, House Amendment No. 1 was adopted.



On motion of Representative Gambaro, HB 1672, as amended, was ordered perfected and printed.



HCS HB 1765, relating to sales/use tax: simplified sales tax, was taken up by Representative Bray.



Representative Reid moved that the consideration of HCS HB 1765 be postponed until one legislative day after all House Bills from HB 1028 through HB 1500 have been referred to a standing committee.



The Chair ruled that the motion is a privileged motion and only a request to postpone the consideration of HCS HB 1765 indefinitely or to a specific date is in order.



Representative Reid made a privileged motion that the consideration of HCS HB 1765 be postponed until Monday, March 4, 2002.



Which motion was defeated by the following vote:



AYES: 066
Barnett Bartle Bearden Behnen Black
Boatright Burcham Burton Byrd Champion
Cierpiot Cooper Crawford Crowell Cunningham
Dempsey Dolan Fares Froelker Gaskill
Griesheimer Hanaway Hartzler Henderson Hendrickson
Hohulin Holand Jetton Kelley 47 Kelly 144
King Legan Linton Lograsso Long
Luetkemeyer Marble Marsh May 149 Mayer
Miller Moore Murphy Myers Naeger
Nordwald O'Connor Phillips Portwood Purgason
Quinn Rector Ridgeway Roark Robirds
Ross Schwab Scott Secrest Shields
Shoemaker St. Onge Surface Townley Vogel
Wright
NOES: 079
Abel Barnitz Barry 100 Berkowitz Bland
Bonner Boucher Bowman Boykins Bray 84
Britt Brooks Campbell Carnahan Clayton
Copenhaver Crump Curls Daus Davis
Farnen Foley Franklin Fraser Gambaro
George Graham Gratz Green 15 Green 73
Hagan-Harrell Hampton Harding Harlan Haywood
Hickey Hilgemann Hollingsworth Holt Hoppe
Hosmer Johnson 90 Jolly Kelly 27 Kelly 36
Lawson Liese Lowe Luetkenhaus Mays 50
McKenna Merideth Monaco Ostmann Overschmidt
Ransdall Relford Reynolds Rizzo Scheve
Seigfreid Selby Shelton Shoemyer Smith
Thompson Treadway Troupe Van Zandt Villa
Wagner Walton Ward Whorton Williams
Willoughby Wilson 25 Wilson 42 Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 014
Baker Ballard Bartelsmeyer Berkstresser Enz
Hegeman Hunter Johnson 61 Koller O'Toole
Reid Reinhart Richardson Skaggs
VACANCIES: 004


Representative Dempsey offered House Amendment No. 1.



House Amendment No. 1



AMEND House Committee Substitute for House Bill No. 1765, Pages 3 and 4, Section 144.1012, Lines 25-29, by deleting all of said lines.



Representative Dempsey moved that House Amendment No. 1 be adopted.



Which motion was defeated.



On motion of Representative Bray, HCS HB 1765 was adopted.



On motion of Representative Bray, HCS HB 1765 was ordered perfected and printed.



REFERRAL OF HOUSE RESOLUTION



The following House Resolution was referred to the Committee indicated:



HR 361 - Miscellaneous Bills & Resolutions







REFERRAL OF HOUSE JOINT RESOLUTION



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



HJR 51 - Miscellaneous Bills & Resolutions



REFERRAL OF HOUSE BILLS



The following House Bills were referred to the Committee indicated:



HCS HB 1472 - Fiscal Review and Government Reform (Fiscal Note)

HB 1465 - Civil and Administrative Law

HB 1936 - Agriculture

HB 1953 - Budget



COMMITTEE REPORTS



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 1242, begs leave to report it has examined the same and recommends that it Do Pass by Consent.



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 HB 1342, HB 1381, HB 1492, HB 1421, HB 1375, HB 1495 and HB 1348 (Consent), begs leave to report it has examined the same and finds them to be truly perfected and that the printed copies thereof furnished the members are correct.



INTRODUCTION OF HOUSE CONCURRENT RESOLUTIONS



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



HCR 24, introduced by Representative Kreider, relating to approval of a project for an agricultural research and demonstration project and related buildings and facilities for the Springfield campus of Southwest Missouri State University funded in part by revenue bonds secured by a pledge of future appropriations of the General Assembly.



HCR 25, introduced by Representative Merideth, relating to the creation of the Missouri Commission on the Delta Regional Authority.





INTRODUCTION OF HOUSE BILLS



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



HB 2037, introduced by Representative Clayton, relating to liens.



HB 2038, introduced by Representative Relford, relating to certain commercial motor vehicles.



HB 2039, introduced by Representative Kreider, relating to memorial streets and roads.



HB 2040, introduced by Representatives Bray, Riback Wilson (25) and Lowe, relating to the regulation of chip mills.



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 SCS SB 885, entitled:



An act to repeal section 135.207, RSMo, relating to enterprise zones, 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 992, entitled:



An act to repeal section 447.721, RSMo, relating to lost and unclaimed property, 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 993, entitled:



An act to repeal section 321.130, RSMo, relating to residency requirements for fire protection district directors, 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 refuses to concur in HCS SS #2 SB 650, and requests the House to recede from its position and failing to do so grant the Senate a conference thereon.









ADJOURNMENT



On motion of Representative Foley, the House adjourned until 10:00 a.m., Tuesday, February 26, 2002.



CORRECTIONS TO THE HOUSE JOURNAL



Correct House Journal, Twenty-sixth Day, Thursday, February 21, 2002, pages 331 and 332, roll call, by showing Representatives Daus, Kelly (27) and Lowe voting "aye" rather than "absent with leave".



Pages 335 and 336, roll call, by showing Representative Hunter voting "aye" rather than "absent with leave".



Pages 336 and 337, roll call, by showing Representative Hunter voting "aye" rather than "absent with leave".



Pages 337 and 338, roll call, by showing Representative Wilson (42) voting "aye" rather than "absent with leave".



Pages 337 and 338, roll call, by showing Representative Champion voting "no" rather than "absent with leave".



Pages 337 and 338, roll call, by showing Representative Hagan-Harrell "absent with leave" rather than voting "no".



Pages 338 and 339, roll call, by showing Representatives Champion and Wilson (42) voting "aye" rather than "absent with leave".



COMMITTEE MEETINGS



APPROPRIATIONS - CORRECTIONS AND PUBLIC SAFETY

Tuesday, February 26, 2002. Hearing Room 7 upon adjournment.

Mark-up.

To be considered - HB 1108, HB 1109



APPROPRIATIONS - CORRECTIONS AND PUBLIC SAFETY

Wednesday, February 27, 2002. Hearing Room 7 upon adjournment.

Mark-up.

To be considered - HB 1108, HB 1109



APPROPRIATIONS - EDUCATION

Tuesday, February 26, 2002. Hearing Room 1 upon adjournment.

Mark-up.

To be considered - HB 1102, HB 1103



APPROPRIATIONS - EDUCATION

Wednesday, February 27, 2002. Hearing Room 1 upon adjournment.

Mark-up.

To be considered - HB 1102, HB 1103



APPROPRIATIONS - NATURAL AND ECONOMIC RESOURCES

Wednesday, February 27, 2002. Hearing Room 5 upon adjournment.

To be considered - Executive Session - HB 1106, Executive Session - HB 1107



APPROPRIATIONS - SOCIAL SERVICES

Tuesday, February 26, 2002, 8:00 a.m. Hearing Room 3.

Department of Social Services.



BUDGET

Tuesday, February 26, 2002. Hearing Room 3 upon morning adjournment.

Executive Session.

To be considered - HB 1115



CHILDREN, FAMILIES, AND HEALTH

Tuesday, February 26, 2002, 3:00 p.m. Hearing Room 4.

Executive Session may follow.

To be considered - HB 1548, HB 1718, HB 1926, HB 1938



CIVIL AND ADMINISTRATIVE LAW

Wednesday, February 27, 2002, 3:00 p.m. Hearing Room 1.

To be considered - HB 1152, HB 1802, HB 1892, Executive Session - HB 1523,

Executive Session - HB 1768, Executive Session - HB 1780



COMMERCE AND ECONOMIC DEVELOPMENT

Tuesday, February 26, 2002, 3:00 p.m. Hearing Room 6.

Executive Session may follow.

To be considered - HB 1753, HB 1930, HB 1946



CORRECTIONAL & STATE INSTITUTIONS

Tuesday, February 26, 2002, 8:00 p.m. Hearing Room 7.

Executive Session may follow.

To be considered - HB 1795, HB 1849



CRIMINAL LAW

Wednesday, February 27, 2002, 8:00 p.m. Hearing Room 7.

Executive Session may be held. AMENDED.

To be considered - HB 1029, HB 1058, HB 1059, HB 1629, HB 1686, HB 1700,

HB 1730, HB 1759, HB 1760





EDUCATION - ELEMENTARY AND SECONDARY

Tuesday, February 26, 2002, 3:00 p.m. Hearing Room 3.

Executive Session may follow on House Bills 1084, 1191, 1392 and 1783.

To be considered - HB 1322, HB 1721, HB 1725



INSURANCE

Tuesday, February 26, 2002, 4:00 p.m. Hearing Room 5. AMENDED.

To be considered - HB 1821, Executive Session - HB 1473, Executive Session - HB 1502,

Executive Session - HB 1518, Executive Session - HB 1567, Executive Session - HB 1568



JOINT COMMITTEE ON ADMINISTRATIVE RULES

Thursday, March 7, 2002. Hearing Room 6 upon adjournment

20CSR 500-6.700. Department of Insurance,

Property & Casualty, Workers' Compensation and Employer's Liability.



JOINT COMMITTEE ON LEGISLATIVE RESEARCH

Wednesday, February 27, 2002, 1:00 p.m. Hearing Room 4.

Discussion of Revision Bill and Review of Oversight Reports.



JUDICIARY

Tuesday, February 26, 2002, 1:00 p.m. Hearing Room 5.

To be considered - HB 1316, HB 1317, HB 1539, HB 1712, HB 1814, HB 1895, HB 1962, Executive Session - HB 1076, Executive Session - HB 1244, Executive Session - HB 1537



LABOR

Tuesday, February 26, 2002, 5:30 p.m. Hearing Room 3.

To be considered - HB 1932



LOCAL GOVERNMENT AND RELATED MATTERS

Tuesday, February 26, 2002, 3:00 p.m. Hearing Room 7.

Executive Session may follow.

To be considered - HB 1716, HB 1720, HB 1732, HB 1735, HB 1757, HB 1834



MISCELLANEOUS BILLS AND RESOLUTIONS

Wednesday, February 27, 2002, 8:00 a.m. Hearing Room 6.

Executive Session may follow.

To be considered - HB 1460, HB 1879, HB 1880, HR 262, HR 318, HR 341



MOTOR VEHICLE AND TRAFFIC REGULATIONS

Tuesday, February 26, 2002, 3:00 p.m. Hearing Room 1.

Executive Session may follow.

To be considered - HB 1314, HB 1632, HB 1664, HB 1696, HB 1772, HB 1779, HB 1788, HB 1789







MUNICIPAL CORPORATIONS

Wednesday, February 27, 2002, 3:00 p.m. Hearing Room 4.

Executive Session.



PROFESSIONAL REGISTRATION AND LICENSING

Wednesday, February 27, 2002, 5:00 p.m. Hearing Room 5.

Presentation by State Board of Accountancy.

To be considered - HB 1743, HB 1796, HB 1808, HB 1835, HB 1843, HB 1844, HB 1869, HB 1871



PUBLIC SAFETY, LAW ENFORCEMENT AND VETERAN AFFAIRS

Tuesday, February 26, 2002, 8:30 a.m. Hearing Room 6.

Executive Session may follow.

To be considered - HB 1758, HB 1822, HCR 21



SOCIAL SERVICES, MEDICAID AND THE ELDERLY

Tuesday, February 26, 2002, 8:00 p.m. Hearing Room 6.

Executive Session may follow.

To be considered - HB 1410, HB 1781, HB 1898, HCR 13



SPECIAL COMMITTEE ON SPORTSMANSHIP, SAFETY AND FIREARMS

Wednesday, February 27, 2002. Hearing Room 6 upon adjournment.

Executive Session will follow.

To be considered - HB 1702



TRANSPORTATION

Wednesday, February 27, 2002, 3:00 p.m. Hearing Room 6.

Executive Session to follow.

To be considered - HB 1141, HB 1196, HB 1270, HB 1400, HB 1466, HB 1745



URBAN AFFAIRS

Tuesday, February 26, 2002, 4:00 p.m. Hearing Room 2. AMENDED.

To be considered - HB 1509, HB 1510, HB 1851



WAYS AND MEANS

Tuesday, February 26, 2002. Hearing Room 2 upon morning adjournment.

To be considered - HB 1407, HB 1541, HB 1703, HB 1704, HB 1709, HB 1727, HB 1739, HB 1797



HOUSE CALENDAR



TWENTY-EIGHTH DAY, TUESDAY, FEBRUARY 26, 2002



HOUSE CONCURRENT RESOLUTIONS FOR SECOND READING



1 HCR 24

2 HCR 25



HOUSE BILLS FOR SECOND READING



HB 2037 through HB 2040



HOUSE BILLS FOR PERFECTION



1 HCS HB 1461 & 1470 - Seigfreid

2 HCS HB 1202 - Smith

3 HCS HB 1069 - Bray

4 HB 1594 - Gratz

5 HB 1581 - Clayton

6 HB 1418, HCA 1 - Barnitz

7 HCS HB 1403 - St. Onge

8 HCS HB 1817 - Franklin

9 HB 1592 - Hickey

10 HCS HB 1532 - Hoppe

11 HCS HB 1344 & 1944 - Crump



HOUSE BILLS FOR PERFECTION - CONSENT



(2-21-02)



1 HB 1477 - Farnen

2 HB 1668 - Holt

3 HB 1446 - Luetkenhaus

4 HB 1078 - Whorton

5 HB 1468 - Ward

6 HB 1086 - Harlan

7 HB 1406 - Barnett

8 HB 1402 - Burton



(2-26-02)



1 HB 1159 - Boykins

2 HB 1214 - Davis

3 HB 1624 - Skaggs

4 HB 1204 - Seigfreid

5 HB 1093 - Relford

6 HB 1714 - Hilgemann

7 HB 1205 - Seigfreid

8 HB 1411 - Skaggs

9 HB 1094 - Relford

10 HB 1397 - Ransdall

11 HB 1391 - Smith

12 HB 1272 - Smith

13 HB 1412 - Skaggs

14 HB 1918 - Koller

15 HB 1265 - Gratz

16 HB 1242 - Griesheimer

17 HB 1075 - Nordwald

18 HB 1320 - Reid

19 HB 1515 - Burton



HOUSE CONCURRENT RESOLUTIONS FOR ADOPTION AND THIRD READING



1 HCR 3, (2-21-02, pages 342 & 343) - Hampton

2 HCR 15, (2-21-02, pages 343 & 344) - O'Toole



HOUSE JOINT RESOLUTION FOR THIRD READING



HJR 32 - Barry



HOUSE BILLS FOR THIRD READING



1 HCS HB 1150, 1237 & 1327 - Bray

2 HCS HB 1711, E.C. - Graham

3 HCS HB 1398, E.C. - Ward

4 HS HB 1498 - Johnson (90)

5 HCS HB 1472, (Fiscal Review 2-25-02) - Whorton

6 HB 1432 - Foley



HOUSE BILLS FOR THIRD READING - CONSENT



1 HB 1342, E.C. - Farnen

2 HB 1381 - Luetkenhaus

3 HB 1492 - Seigfreid

4 HB 1421 - McKenna

5 HB 1375 - Luetkenhaus

6 HB 1495 - Seigfreid

7 HB 1348 - Myers



SENATE BILLS FOR SECOND READING



1 SCS SB 885

2 SB 992

3 SB 993









BILL CARRYING REQUEST MESSAGE



HCS SS#2 SB 650, (request House recede/grant conference) - Monaco



HOUSE RESOLUTION



HR 150, (2-21-02, page 344) - Vogel


Missouri House of Representatives