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