Journal of the House

Second Regular Session, 91st General Assembly

TWENTY-NINTH DAY, Wednesday, February 27, 2002

Speaker Kreider in the Chair.

Prayer by Reverend Rudy Beard.

Gracious God: we thank You for the rich heritage of this Chamber and those who labored here, before us, to serve the people of Missouri. They came from towns and cities, with varied backgrounds, to work and act for Missouri, remembering especially pioneering African-American legislators. We pray for our state with full hearts, and for those who labor here today for the common good.

Bless, with the gift of patience and understanding, these men and women of this House and those who support them. At times they are cast in difficult situations with the heavy strains of compromise and decision. Keep them this day by Your grace, so they may speak straight, be compassionate, and lead us in trying times.

To You be glory and honor. 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: Kyle West, Alex Burfield, Matt Garrett, Jordan Henningsen, Sam Kennedy, Ian Kidwell, Taylor Price, Brett Russell, Ethan Kearbey, Ashli Wallace, Jeffrey Walker Smith, Adam Barker, Evan Barwick, Matt Boyers, Kelsey Brown, Chris Drury, Sheldon Price, Joshua Rathbun, Brian Richardson, Perry Salyer, James Sorrell and Jonathan Varner.

The Journal of the twenty-eighth day was approved as corrected.

RESOLUTION

House Resolution No. 485 was taken up by Representative Koller and read.

HOUSE RESOLUTION NO. 485

WHEREAS, it is with profound sadness that the Missouri House of Representatives pauses in its legislative activities in order to note the passing of an esteemed Show-Me State public safety officer who lost his life in the line of duty; and

WHEREAS, Missouri State Highway Patrol Trooper Kelly L. Poynter was born on the festive winter holiday of December Twenty-fifth, 1974, in the south central Missouri community of Lebanon, which welcomed him with open arms and enjoyed watching him commit himself wholeheartedly to a course of study which resulted in his graduation from Lebanon R-III Senior High School in 1993; and

WHEREAS, following the completion of his secondary education, Kelly Poynter continued to apply himself diligently to make the most of his educational opportunities and earn an Associate of Arts degree in criminal justice from Mineral Area College and then successfully make his way through the Missouri State Highway Patrol Law Enforcement Academy in 1996; and

WHEREAS, proudly donning the blue uniform of the Missouri State Highway Patrol, Trooper Kelly Poynter was first assigned to Troop G, Zone 4, in Carter County, and was subsequently transferred to Troop G, Zone 2, in Houston; and

WHEREAS, on January 18, 2002, Trooper Kelly Poynter was fulfilling his sworn duties and responsibilities as a law enforcement officer by coming to the assistance of individuals involved in a traffic crash on U.S. Highway 63 two miles south of Houston when he was struck and killed by a drunk driver; and

WHEREAS, the twenty-second member of the Missouri State Highway Patrol to be killed while on duty, Trooper Poynter leaves behind his loving wife, Alison, and their two small children whose grief at this terrible loss in their lives can be tenderly assuaged by remembering the utmost care and professionalism with which their loved one conducted himself in his daily endeavors:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-first General Assembly, join unanimously to salute the late Kelly Poynter and to convey this legislative body's sincerest condolences to his surviving family members, many friends, and colleagues as they quietly preserve in their hearts and in their minds the light and warmth with which he so generously touched their lives while on this most precious earth; and

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution in memory of Trooper Kelly Poynter of the Missouri State Highway Patrol.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 485 - Representative Koller

House Resolution No. 486 - Representative Griesheimer

House Resolution No. 487 - Representative Monaco

House Resolution No. 488 - Representative Naeger

House Resolution No. 489 - Representative Mayer

House Resolution No. 490 - Representative Marble

House Resolution No. 491

through

House Resolution No. 494 - Representative Scott

House Resolution No. 495 - Representative Berkstresser

House Resolution No. 496 - Representative Hegeman

House Resolution No. 497 - Representative Van Zandt

House Resolution No. 498 - Representatives Ross and Lograsso

House Resolution No. 499

and

House Resolution No. 500 - Representative Kreider

House Resolution No. 501 - Representative Thompson

House Resolution No. 502 - Representative Nordwald

House Resolution No. 503 - Representative Byrd

House Resolution No. 504 - Representative Jetton

House Resolution No. 505 - Representative Smith

House Resolution No. 506

through

House Resolution No. 517 - Representative Walton

SECOND READING OF HOUSE BILLS

HB 2041 through HB 2058 were read the second time.

SECOND READING OF SENATE CONCURRENT RESOLUTION

SCR 35 was read the second time.

SECOND READING OF SENATE BILLS

SB 718, SCS SB 756, SCS SB 997 and SB 1048 were read the second time.

PERFECTION OF HOUSE BILLS

HB 1594, as amended, relating to pay raises for correctional officers, was placed on the Informal Calendar.

HCS HB 1202, relating to sales/use tax: refund of taxes, was taken up by Representative Smith.

Speaker Pro Tem Abel assumed the Chair.

Representative Foley offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1202, Page 2, Section 144.190, Line 44, by inserting in lieu thereof the following:

"6. All new revenues resulting from the enactment of this section shall be deposited in the state school moneys trust fund as provided in section 163.031, RSMo.".

Representative Hegeman offered House Substitute Amendment No. 1 for House Amendment No. 1.

Representative Smith raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 1 is not a true substitute amendment.

The Chair ruled the point of order well taken.

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

Representative Cooper offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1202, Page 2, Section 144.190, Line 32, by inserting the following:

"4. Any retailer who has less than one million dollars of taxable sales per year shall be exempt from the provisions of 144.190, section 3"; and

Renumber references accordingly.

On motion of Representative Cooper, House Amendment No. 2 was adopted by the following vote:

Representative Hohulin requested verification of the roll call on the adoption of House Amendment No. 2.

Representative Hegeman offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 1202, Page 1, Section 144.190, Line 14, by inserting after the number "3." the following: "Except as provided in subsection 6 of this section,"; and

Further amend said substitute, Page 2, Section 144.190, Line 44, by inserting after said line the following:

"6. In lieu of subsection 3 of this section, if any tax was paid more than once, was incorrectly collected, or was incorrectly computed, such sum shall be credited on any taxes then due from the person legally obligated to remit the tax pursuant to sections 144.010 to 144.510, or refunded, with interest as determined by section 32.065, RSMo, to the person legally obligated to remit the tax, only if duplicate copies of a claim for refund are filed within three years from date of overpayment and the person legally obligated to remit the tax submits a plan between the person and the director to generally refund the amount of overpayment in equal installments to future customers of the person by mutually agreed to distribution of a fixed value coupon to such customers.".

Representative Smith raised a point of order that House Amendment No. 3 amends previously amended material.

The Chair ruled the point of order not well taken.

On motion of Representative Hegeman, House Amendment No. 3 was adopted by the following vote:

HCS HB 1202, as amended, was placed on the Informal Calendar.

HOUSE BILL WITH SENATE AMENDMENT

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

Representative Hosmer moved that the House refuse to adopt SCS HS HCS HBs 1037, 1188, 1074 & 1271 and request the Senate to recede from its position or, failing to do so, grant the House a conference.

Which motion was adopted.

THIRD READING OF HOUSE BILLS - CONSENT

HB 1375, relating to mortgage insurance, was taken up by Representative Luetkenhaus.

On motion of Representative Luetkenhaus, HB 1375 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 1495, relating to campaign finance disclosure, was taken up by Representative Seigfreid.

On motion of Representative Seigfreid, HB 1495 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 1348, relating to boll weevil eradication, was taken up by Representative Myers.

On motion of Representative Myers, HB 1348 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

PERFECTION OF HOUSE BILLS

HB 1581, relating to the state highway patrol, was taken up by Representative Clayton.

Representative Willoughby assumed the Chair.

On motion of Representative Clayton, HB 1581 was ordered perfected and printed.

HB 1418, with House Committee Amendment No. 1, relating to state parks, was taken up by Representative Barnitz.

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

On motion of Representative Barnitz, HB 1418, as amended, was ordered perfected and printed.

LETTERS OF OBJECTION

February 27, 2002

Chief Clerk Ted Wedel

Missouri House of Representatives

Jefferson City, MO 65101

Dear Mr. Wedel:

We the undersigned respectfully request that HB 1265 be removed from the Consent Calendar pursuant to House Rule 48. We believe this bill is of controversial nature.

Respectfully yours,

/s/ Vicky Riback Wilson District 25 /s/ Cindy Ostmann District 14

/s/ Glenda Kelly District 27 /s/ Peter Myers District 160

/s/ Tim Harlan District 23

______________________________

February 27, 2002

Mr. Ted Wedel

Chief Clerk

Missouri House of Representatives

State Capitol Building

Jefferson City, MO 65101

Dear Mr. Wedel:

We, the undersigned, respectfully request House Bill #1412 be removed from the Consent Calendar pursuant to House Rule 48. We believe this bill is of controversial nature.

Respectfully yours,

/s/ Wayne Crump District 152 /s/ Denny Merideth District 162

/s/ Frank Barnitz District 150 /s/ Larry Crawford District 117

/s/ Chuck Purgason District 151

REFERRAL OF HOUSE CONCURRENT RESOLUTION

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

HCR 24 - Public-Private Partnerships

REFERRAL OF HOUSE BILLS

The following House Bills were referred to the Committee indicated pursuant to Rule 48:

HB 1265 - Rules, Joint Rules and Bills Perfected and Printed

HB 1412 - Rules, Joint Rules and Bills Perfected and Printed

The following House Bills were referred to the Committee indicated:

HB 1939 - Social Services, Medicaid and the Elderly

HB 2024 - Education-Elementary and Secondary

HB 2046 - Local Government and Related Matters

COMMITTEE REPORTS

Committee on Correctional and State Institutions, Chairman Gratz reporting:

Mr. Speaker: Your Committee on Correctional and State Institutions, to which was referred HB 1795, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Correctional and State Institutions, to which was referred HB 1849, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Education-Elementary and Secondary, Chairman Franklin reporting:

Mr. Speaker: Your Committee on Education-Elementary and Secondary, to which was referred HB 1783, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Environment and Energy, Chairman Lawson reporting:

Mr. Speaker: Your Committee on Environment and Energy, to which was referred HB 1569, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

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 1314, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Motor Vehicle and Traffic Regulations, to which was referred HB 1632, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Motor Vehicle and Traffic Regulations, to which was referred HB 1778, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Motor Vehicle and Traffic Regulations, to which was referred HB 1779, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Motor Vehicle and Traffic Regulations, to which was referred HB 1788, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Motor Vehicle and Traffic Regulations, to which was referred HB 1789, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

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 1822, 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 26, introduced by Representative Kelley (47), to create a Joint Committee of the General Assembly to make a comprehensive analysis of the child abuse and neglect hotline system.

INTRODUCTION OF HOUSE BILLS

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

HB 2059, introduced by Representative Hosmer, relating to regional administrative hearings.

HB 2060, introduced by Representative Johnson (61), relating to a law enforcement sales tax.

HB 2061, introduced by Representatives Willoughby, Harding, Phillips and Reinhart, relating to regional child assessment centers.

HB 2062, introduced by Representatives Hosmer, Britt and Gaskill, relating to restricted driving privilege.

HB 2063, introduced by Representative Seigfreid, relating to the rural economic development commission.

HB 2064, introduced by Representatives Walton, Villa and Gambaro, relating to deeds on real property sold at tax foreclosure sales.

HB 2065, introduced by Representatives Ransdall, Koller, Relford, May (149), Treadway and Townley, et al, relating to the privilege of selling wine.

HB 2066, introduced by Representatives Kelley (47), Phillips and Hunter, et al, relating to the office of child protection information.

HB 2067, introduced by Representatives Cooper, Bearden, Roark, Hunter and Reinhart, et al, relating to unsolicited electronic messages.

HB 2068, introduced by Representative Kelley (47), relating to the transfer of custody of a child.

HB 2069, introduced by Representative Koller, relating to compliance with the directives of executive order number 02-03, signed by the governor February 7, 2002.

HB 2070, introduced by Representative Troupe, relating to the imposition of fees for the processing of child support payments.

HB 2071, introduced by Representative Troupe, relating to alternative health care for persons committed to correctional centers.

HB 2072, introduced by Representative Troupe, relating to designation of a bridge.

HB 2073, introduced by Representatives Lawson, Shields and Kelly (27), relating to bailiffs and court marshals.

HB 2074, introduced by Representative Cunningham, relating to regulation of lane usage by certain commercial motor vehicles.

HB 2075, introduced by Representatives Walton, Shelton, Moore, Wilson (42), Haywood, Curls and Sanders Brooks, et al, relating to the A+ schools program.

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 48.

SENATE CONCURRENT RESOLUTION NO. 48

WHEREAS, there are a total of 221,200 Missouri jobs that are dependant on the automobile industry; and

WHEREAS, these Missouri jobs are important to communities in terms of employment opportunities and training, supporting Missouri tax bases and education systems; and

WHEREAS, the state of Missouri produced 1,221,109 cars and light trucks in 1999; and

WHEREAS, in 2000, 52% of new vehicles registered in Missouri were light trucks; and

WHEREAS, residents of Missouri rely heavily on light trucks to meet the needs of families, small businesses, farmers, ranchers, and tradesmen; and

WHEREAS, the Corporate Average Fuel Economy (CAFÉ) standards particularly disadvantage manufacturers who offer a broad range of cars and trucks; and

WHEREAS, increases in CAFÉ standards will limit the supply of mid- and full-sized cars and trucks which will increase the price of those vehicles; and

WHEREAS, the truck segment is the growth segment in the industry, responsible for expansion and new jobs; and

WHEREAS, major increases in CAFÉ would restrict or eliminate some of the most popular Missouri cars and trucks, with the accompanying Missouri jobs; and

WHEREAS, all nine members of the Missouri United States Congressional Delegation voted against CAFÉ increases during the United States House of Representatives debate on House Resolution No. 4; and

WHEREAS, there are several proposals before the United States Senate to increase the standards for Corporate Average Fuel Economy (CAFÉ):

NOW, THEREFORE, BE IT RESOLVED by the Missouri Senate, Ninety-first General Assembly, Second Regular Session, the House of Representatives concurring therein, that the members of the Missouri General Assembly oppose the increases in CAFÉ standards and any increase in CAFÉ; and

BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for every member of the Missouri Congressional Delegation.

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 690, entitled:

An act to repeal section 109.250, RSMo, relating to the state records commission, 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 SCS SB 729, entitled:

An act to repeal section 443.415, RSMo, relating to mortgage insurance, 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 812, entitled:

An act to repeal section 536.035, RSMo, relating to the publication of executive orders in the Missouri Register, 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 831, entitled:

An act to amend chapter 9, RSMo, by adding thereto one new section relating to public holidays.

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 SCS SB 918, entitled:

An act to amend chapter 71, RSMo, by adding thereto one new section relating to the display of the United States flag.

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 1001, entitled:

An act to amend chapter 57, RSMo, by adding thereto one new section relating to sheriff's retirement.

In which the concurrence of the House is respectfully requested.

The following member's presence was noted: O'Connor.

ADJOURNMENT

On motion of Representative Crump, the House adjourned until 10:00 a.m., Thursday, February 28, 2002.

CORRECTIONS TO THE HOUSE JOURNAL

Correct House Journal, Twenty-eighth Day, Tuesday, February 26, 2002, pages 372 and 373, roll call, by showing Representative Reynolds voting "aye" rather than "absent with leave".

Pages 374 and 375, roll call, by showing Representatives Champion and Naeger voting "aye" rather than "absent with leave".

COMMITTEE MEETINGS

APPROPRIATIONS - EDUCATION

Thursday, February 28, 2002. Hearing Room 1 upon adjournment.

Mark-up. Possible Executive Session.

To be considered - HB 1102, HB 1103

APPROPRIATIONS - SOCIAL SERVICES

Thursday, February 28, 2002, 8:00 a.m. Hearing Room 3.

Department of Social Services

APPROPRIATIONS - SOCIAL SERVICES

Thursday, February 28, 2002. Hearing Room 3 upon adjournment.

Department of Social Services (if needed)

CHILDREN, FAMILIES, AND HEALTH

Thursday, February 28, 2002. Side gallery upon adjournment.

Executive Session.

The following may be considered: HBs 1033,1208,1481,1548,1926,1938.

COMMERCE AND ECONOMIC DEVELOPMENT

Thursday, February 28, 2002. Side gallery upon adjournment.

Executive Session only.

ENVIRONMENT AND ENERGY

Thursday, February 28, 2002, 8:30 a.m. Hearing Room 7.

Executive Session may follow.

To be considered - HB 1323, HB 1599, HB 1754

JOINT COMMITTEE ON ADMINISTRATIVE RULES

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

20CSR 500-6.700

Department Insurance, Property & Casualty, Workers' Compensation and Employer's Liability

JOINT COMMITTEE ON CORRECTIONS

Monday, March 4, 2002, 1:30 p.m. Senate Committee Room 1.

Discuss Missouri Vocational Enterprises. Other business.

JUDICIARY

Thursday, February 28, 2002, 9:15 a.m. Hearing Room 5.

To be considered - Executive Session - HB 1539, Executive Session - HB 1712,

Executive Session - HB 1814, Executive Session - HB 1895, Executive Session - HB 1962

MISCELLANEOUS BILLS AND RESOLUTIONS

Thursday, February 28, 2002, 8:30 a.m. Hearing Room 6.

Executive Session may follow.

To be considered - HB 1596, HB 1777

HOUSE CALENDAR

THIRTIETH DAY, THURSDAY, FEBRUARY 28, 2002

HOUSE CONCURRENT RESOLUTION FOR SECOND READING

HCR 26

HOUSE BILLS FOR SECOND READING

HB 2059 through HB 2075

HOUSE BILLS FOR PERFECTION

1 HCS HB 1461 & 1470 - Seigfreid

2 HCS HB 1069 - Bray

3 HCS HB 1403 - St. Onge

4 HCS HB 1817 - Franklin

5 HB 1592 - Hickey

6 HCS HB 1532 - Hoppe

7 HCS HB 1344 & 1944 - Crump

HOUSE BILLS FOR PERFECTION - INFORMAL

1 HB 1594, as amended - Gratz

2 HCS HB 1202, as amended - Smith

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 1918 - Koller

14 HB 1242 - Griesheimer

15 HB 1075 - Nordwald

16 HB 1320 - Reid

17 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

7 HB 1672 - Gambaro

8 HCS HB 1765, E.C. - Bray

SENATE CONCURRENT RESOLUTION FOR SECOND READING

SCR 48

SENATE BILLS FOR SECOND READING

1 SB 690

2 SCS SB 729

3 SB 812

4 SB 831

5 SCS SB 918

6 SB 1001

BILL CARRYING REQUEST MESSAGE

SCS HS HCS HB 1037, 1188, 1074 & 1271, (request Senate recede/grant conference) - Hosmer

BILL IN CONFERENCE

HCS SS#2 SB 650 - Monaco

HOUSE RESOLUTION

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

Missouri House of Representatives