Journal of the House



Second Regular Session, 91st General Assembly


THIRTIETH DAY, Thursday, February 28, 2002



Speaker Kreider in the Chair.



Prayer by Reverend Rudy Beard.



Gracious Lord: we are thankful for the life You give us this day, and we commend to Your care all who are in special need. We pray for those who are hammered daily on the anvil of prejudice and hate; all who are aged and infirm or handicapped, for our school children; and all whose lives are twisted by fear, by temptation, by addiction or by greed.



Bless now, Eternal Lord, these men and women of the House. Protect them from a spirit of indifference to the neediest, the most vulnerable and the helpless. Confirm them in their compassion, their highest values and keep before them their opportunity to make a difference.



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: Ryan Scherr, Paige Cook, Zach McCrady, Anthony Harris and Amanda Moore.



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



HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED



House Resolution No. 518 - Representative Clayton

House Resolution No. 519 - Representative Reinhart

House Resolution No. 520 - Representatives Hohulin and Hunter

House Resolution No. 521 - Representative Copenhaver

House Resolution No. 522 - Representative Skaggs

House Resolution No. 523 - Representative Cierpiot

House Resolution No. 524 - Representative Lowe

House Resolution No. 525 - Representatives Lowe and Bland

House Resolution No. 526 - Representative Purgason

House Resolution No. 527

and

House Resolution No. 528 - Representative Boucher

House Resolution No. 529

and

House Resolution No. 530 - Representative Ransdall

House Resolution No. 531 - Representative Scheve

SECOND READING OF HOUSE CONCURRENT RESOLUTION



HCR 26 was read the second time.



SECOND READING OF HOUSE BILLS



HB 2059 through HB 2075 were read the second time.



SECOND READING OF SENATE CONCURRENT RESOLUTION



SCR 48 was read the second time.



SECOND READING OF SENATE BILLS



SB 690, SCS SB 729, SB 812, SB 831, SCS SB 918 and SB 1001 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 HB 1418 and HB 1581, 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.



ADOPTION AND THIRD READING OF HOUSE CONCURRENT RESOLUTIONS



HCR 3, relating to an annexation in Licking, was taken up by Representative Hampton.



On motion of Representative Hampton, HCR 3 was read the third time and passed by the following vote:



AYES: 153
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 Fares Farnen Foley Franklin
Fraser Froelker Gambaro Gaskill George
Graham Gratz Green 15 Green 73 Griesheimer
Hagan-Harrell Hampton Hanaway Harding 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 Long Lowe Luetkemeyer
Luetkenhaus Marble Marsh May 149 Mayer
Mays 50 McKenna Merideth Miller Monaco
Moore Murphy Myers Naeger 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 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: 006
Enz Harlan Lograsso Nordwald O'Connor
Surface
VACANCIES: 004


Speaker Kreider declared the bill passed.



HCR 15, relating to pension protection, was taken up by Representative O'Toole.



Representative O'Toole offered HS HCR 15.



On motion of Representative O'Toole, HS HCR 15 was adopted.



On motion of Representative O'Toole, HS HCR 15 was read the third time and passed by the following vote:



AYES: 152
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 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 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 Monaco
Moore Murphy Myers Naeger 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 Thompson Townley Treadway Troupe
Van Zandt Villa Vogel Wagner Walton
Ward Whorton Williams Willoughby Wilson 25
Wright Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 007
Byrd Enz Harlan Nordwald O'Connor
Surface Wilson 42
VACANCIES: 004


Speaker Kreider declared the bill passed.



Speaker Pro Tem Abel assumed the Chair.



THIRD READING OF HOUSE BILLS



HCS HBs 1150, 1237 & 1327, relating to a tax amnesty program, was taken up by Representative Bray.



On motion of Representative Bray, HCS HBs 1150, 1237 & 1327 was read the third time and passed by the following vote:



AYES: 106
Abel Barnitz Barry 100 Berkowitz Black
Bland Bonner Boucher Bowman Boykins
Bray 84 Britt Brooks Burcham Campbell
Carnahan Clayton Cooper Copenhaver Crawford
Crowell Crump Cunningham Curls Daus
Davis Dempsey Dolan Fares Farnen
Foley Franklin Fraser Froelker Gambaro
Gaskill George Graham Green 15 Green 73
Hagan-Harrell Hampton Harding Harlan Hartzler
Haywood Hickey Hilgemann Holand Hollingsworth
Holt Hoppe Hosmer Jetton Johnson 61
Johnson 90 Jolly Kelly 27 Kelly 36 Koller
Lawson Legan Lowe Luetkenhaus Marsh
Mays 50 McKenna Merideth Miller Naeger
O'Toole Ostmann Overschmidt Portwood Purgason
Quinn Ransdall Reid Relford Reynolds
Rizzo Roark Robirds Scheve Scott
Seigfreid Selby Shelton Shields Shoemaker
Shoemyer Skaggs Smith Thompson Treadway
Troupe Van Zandt Villa Wagner Walton
Ward Williams Willoughby Wilson 25 Wilson 42
Mr. Speaker
NOES: 044
Barnett Bartelsmeyer Bartle Bearden Behnen
Berkstresser Boatright Burton Byrd Champion
Cierpiot Griesheimer Hanaway Hegeman Henderson
Hendrickson Hohulin Hunter Kelley 47 Kelly 144
King Linton Lograsso Long Luetkemeyer
Marble May 149 Mayer Moore Murphy
Myers Phillips Rector Reinhart Richardson
Ridgeway Ross Schwab Secrest St. Onge
Townley Vogel Whorton Wright
PRESENT: 000
ABSENT WITH LEAVE: 009
Baker Ballard Enz Gratz Liese
Monaco Nordwald O'Connor Surface
VACANCIES: 004


Speaker Pro Tem Abel declared the bill passed.



The emergency clause was defeated by the following vote:



AYES: 094
Abel Barnitz Barry 100 Berkowitz Bland
Boucher Bowman Boykins Bray 84 Britt
Brooks Campbell Carnahan Clayton Copenhaver
Crawford Crump Cunningham Curls Daus
Davis Dempsey Farnen Foley Franklin
Fraser Froelker Gambaro Gaskill George
Graham Gratz Green 15 Green 73 Hagan-Harrell
Hampton Harding Harlan Hartzler Haywood
Hickey Hilgemann Holand Hollingsworth Holt
Hoppe Hosmer Jetton Johnson 61 Johnson 90
Jolly Kelly 27 Kelly 36 Koller Lawson
Liese Lowe Luetkenhaus Marsh Mays 50
McKenna Merideth Monaco O'Toole Overschmidt
Purgason Quinn Ransdall Reid Relford
Rizzo Robirds Scheve Seigfreid Selby
Shelton Shields Shoemaker Shoemyer Skaggs
Smith Thompson Treadway Troupe Van Zandt
Villa Wagner Walton Ward Williams
Willoughby Wilson 25 Wilson 42 Mr. Speaker
NOES: 057
Ballard Barnett Bartelsmeyer Bartle Bearden
Behnen Berkstresser Black Boatright Burcham
Burton Byrd Champion Cierpiot Cooper
Crowell Dolan Fares Griesheimer Hanaway
Hegeman Henderson Hendrickson Hunter Kelley 47
Kelly 144 King Legan Linton Lograsso
Long Luetkemeyer Marble May 149 Mayer
Miller Moore Murphy Myers Naeger
Ostmann Phillips Portwood Rector Reinhart
Richardson Ridgeway Roark Ross Schwab
Scott Secrest St. Onge Townley Vogel
Whorton Wright
PRESENT: 000
ABSENT WITH LEAVE: 008
Baker Bonner Enz Hohulin Nordwald
O'Connor Reynolds Surface
VACANCIES: 004


Speaker Kreider resumed Chair.



HCS HB 1711, relating to state school aid, was taken up by Representative Graham.



On motion of Representative Graham, HCS HB 1711 was read the third time and passed by the following vote:



AYES: 132
Abel Barnett Barnitz Barry 100 Bartelsmeyer
Bearden Behnen Berkowitz Berkstresser Bland
Bonner Boucher Bowman Boykins Bray 84
Britt Brooks Burcham Burton 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 Hegeman Henderson Hendrickson Hickey
Hilgemann Holand Hollingsworth Holt Hoppe
Hosmer Johnson 61 Johnson 90 Jolly Kelley 47
Kelly 144 Kelly 27 Kelly 36 Koller Lawson
Legan Liese Long Lowe Luetkenhaus
Marsh Mayer Mays 50 McKenna Merideth
Miller Monaco Moore Naeger O'Toole
Ostmann Overschmidt Phillips Portwood Purgason
Quinn Ransdall Rector Reinhart Relford
Reynolds Richardson Rizzo Robirds Scheve
Schwab Scott Secrest Seigfreid Selby
Shelton Shields Shoemaker Shoemyer Skaggs
Smith St. Onge Thompson Treadway Troupe
Van Zandt Villa Vogel Wagner Walton
Ward Whorton Williams Willoughby Wilson 25
Wilson 42 Mr. Speaker
NOES: 022
Ballard Bartle Black Boatright Byrd
Hohulin Hunter Jetton King Linton
Lograsso Luetkemeyer Marble May 149 Murphy
Myers Reid Ridgeway Roark Ross
Townley Wright
PRESENT: 000
ABSENT WITH LEAVE: 005
Baker Enz Nordwald O'Connor Surface
VACANCIES: 004


Speaker Kreider declared the bill passed.



The emergency clause was adopted by the following vote:



AYES: 134
Abel Baker Barnett Barnitz Barry 100
Bartelsmeyer Bearden Behnen Berkowitz Berkstresser
Black Bland Bonner Boucher Bowman
Boykins Bray 84 Britt Brooks Burcham
Burton Campbell Carnahan Champion 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 Hegeman Henderson Hendrickson
Hickey Hilgemann Holand Holt Hoppe
Hosmer Johnson 90 Jolly Kelley 47 Kelly 144
Kelly 27 Kelly 36 King Koller Lawson
Legan Liese Long Lowe Luetkemeyer
Luetkenhaus Marsh Mayer Mays 50 McKenna
Merideth Miller Monaco Moore Myers
Naeger O'Toole Ostmann Overschmidt Phillips
Portwood Purgason Quinn Ransdall Rector
Reinhart Relford Reynolds Richardson Rizzo
Robirds Scheve Schwab Scott Secrest
Seigfreid Selby Shelton Shields Shoemaker
Shoemyer Skaggs Smith St. Onge Thompson
Treadway Troupe Van Zandt Villa Vogel
Wagner Walton Ward Whorton Williams
Willoughby Wilson 25 Wilson 42 Mr. Speaker






NOES: 019
Ballard Bartle Boatright Byrd Cierpiot
Hohulin Hunter Jetton Linton Lograsso
Marble May 149 Murphy Reid Ridgeway
Roark Ross Townley Wright
PRESENT: 000
ABSENT WITH LEAVE: 006
Enz Hollingsworth Johnson 61 Nordwald O'Connor
Surface
VACANCIES: 004


HCS HB 1398, relating to World War II medals, was taken up by Representative Ward.



On motion of Representative Ward, HCS HB 1398 was read the third time and passed by the following vote:



AYES: 152
Abel 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
Fares Farnen Foley Franklin Fraser
Froelker Gambaro Gaskill George Gratz
Green 15 Green 73 Griesheimer Hagan-Harrell 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 Long Lowe Luetkemeyer Luetkenhaus
Marble Marsh May 149 Mayer Mays 50
McKenna Merideth Miller Monaco Moore
Murphy Myers Naeger 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
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
Baker Enz Graham Lograsso Nordwald
O'Connor Surface
VACANCIES: 004


Speaker Kreider declared the bill passed.



The emergency clause was adopted by the following vote:



AYES: 150
Abel 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
Champion Cierpiot Clayton Cooper Copenhaver
Crawford Crowell Crump Cunningham Curls
Daus Davis Dempsey Dolan Fares
Farnen Foley Franklin Fraser Froelker
Gambaro Gaskill George Gratz Green 15
Green 73 Griesheimer Hagan-Harrell Hampton Hanaway
Harding 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 Long
Lowe Luetkemeyer Luetkenhaus Marble Marsh
May 149 Mayer Mays 50 McKenna Merideth
Miller Monaco Moore Murphy Myers
Naeger 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 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: 009
Baker Carnahan Enz Graham Harlan
Lograsso Nordwald O'Connor Surface
VACANCIES: 004

Speaker Pro Tem Abel resumed Chair.



HS HB 1498, relating to sexual offenses, was taken up by Representative Johnson (90).



On motion of Representative Johnson (90), HS HB 1498 was read the third time and passed by the following vote:



AYES: 150
Abel 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
Fares Farnen Foley Franklin Fraser
Froelker Gambaro Gaskill George Graham
Gratz Green 15 Griesheimer Hagan-Harrell 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
Koller Lawson Legan Liese Linton
Long Lowe Luetkemeyer Luetkenhaus Marble
Marsh May 149 Mayer Mays 50 McKenna
Merideth Miller Monaco Moore Murphy
Myers Naeger 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 Thompson
Townley Treadway Troupe Van Zandt Villa
Vogel Walton Ward Whorton Williams
Willoughby Wilson 25 Wilson 42 Wright Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 009
Baker Enz Green 73 King Lograsso
Nordwald O'Connor Surface Wagner
VACANCIES: 004


Speaker Pro Tem Abel declared the bill passed.



Speaker Kreider resumed Chair.



HB 1432, relating to emergency communications system districts, was taken up by Representative Foley.



On motion of Representative Foley, HB 1432 was read the third time and passed by the following vote:



AYES: 143
Abel Ballard Barnett Barnitz Barry 100
Bartelsmeyer 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 Griesheimer Hagan-Harrell Hampton Hanaway
Harding Hartzler Haywood Hegeman Henderson
Hickey Hilgemann Hohulin Holand Hollingsworth
Holt Hoppe Jetton Johnson 61 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 O'Toole Ostmann
Overschmidt Phillips Portwood Purgason Quinn
Ransdall Rector Reid Reinhart Relford
Reynolds Richardson Ridgeway Rizzo Robirds
Ross Scheve Schwab Scott Secrest
Seigfreid Selby Shelton Shields Shoemaker
Shoemyer Skaggs Smith Thompson Townley
Treadway Van Zandt Villa Vogel Walton
Ward Whorton Williams Willoughby Wilson 25
Wilson 42 Wright Mr. Speaker
NOES: 004
Hendrickson Hunter Roark St. Onge
PRESENT: 000
ABSENT WITH LEAVE: 012
Baker Berkstresser Enz Green 73 Harlan
Hosmer Lograsso Nordwald O'Connor Surface
Troupe Wagner
VACANCIES: 004


Speaker Kreider declared the bill passed.







PERFECTION OF HOUSE BILL - INFORMAL



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



Representative Koller, having voted on the prevailing side, moved that the vote by which House Amendment No. 2 was adopted, be reconsidered.



Which motion was adopted by the following vote:



AYES: 083
Abel Baker 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 61 Johnson 90 Jolly
Kelly 27 Kelly 36 Koller Lawson Liese
Lowe Luetkenhaus Mays 50 McKenna Merideth
Monaco O'Toole Overschmidt Ransdall Relford
Reynolds Rizzo Scheve Seigfreid Selby
Shelton Shoemyer Skaggs Smith Thompson
Treadway Troupe Van Zandt Villa Wagner
Walton Ward Whorton Williams Willoughby
Wilson 25 Wilson 42 Mr. Speaker
NOES: 072
Ballard Barnett Bartelsmeyer Bartle Bearden
Behnen Berkstresser Black Boatright Burcham
Burton Byrd Champion Cierpiot Cooper
Crawford Crowell Cunningham Dempsey Dolan
Fares Froelker Gaskill Griesheimer Hanaway
Hartzler Hegeman Henderson Hendrickson Hohulin
Holand Hunter Jetton Kelley 47 Kelly 144
King Legan Linton Lograsso Long
Luetkemeyer Marble Marsh May 149 Mayer
Miller Moore Murphy Myers Naeger
Ostmann Phillips Portwood Purgason Quinn
Rector Reid Reinhart Richardson Ridgeway
Roark Robirds Ross Schwab Scott
Secrest Shields Shoemaker St. Onge Townley
Vogel Wright
PRESENT: 000
ABSENT WITH LEAVE: 004
Enz Nordwald O'Connor Surface
VACANCIES: 004


Representative Cooper moved that House Amendment No. 2 be adopted.



Which motion was defeated by the following vote:



AYES: 072
Ballard Barnett Bartelsmeyer Bartle Bearden
Behnen Berkstresser Black Boatright Burcham
Burton Byrd Champion Cierpiot Cooper
Crawford Crowell Cunningham Dempsey Dolan
Fares Froelker Gaskill Gratz Griesheimer
Hanaway Hartzler Hegeman Henderson Hohulin
Holand Hunter Jetton Kelley 47 Kelly 144
King Legan Linton Lograsso Long
Luetkemeyer Marble Marsh May 149 Mayer
Miller Moore Myers Naeger Ostmann
Phillips Portwood Purgason Quinn Rector
Reid Reinhart Richardson Ridgeway Roark
Robirds Ross Schwab Scott Secrest
Selby Shields Shoemaker St. Onge Townley
Vogel Wright
NOES: 078
Abel Baker 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 Green 15 Green 73
Hagan-Harrell Hampton Harding Harlan Haywood
Hickey Hilgemann Hollingsworth Holt Hoppe
Hosmer Johnson 61 Johnson 90 Jolly Kelly 27
Kelly 36 Koller Lawson Lowe Luetkenhaus
Mays 50 McKenna Merideth Monaco Overschmidt
Ransdall Relford Reynolds Rizzo Scheve
Seigfreid Shelton Shoemyer Skaggs Smith
Thompson Treadway Troupe Van Zandt Villa
Wagner Walton Whorton Williams Willoughby
Wilson 25 Wilson 42 Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 009
Enz Hendrickson Liese Murphy Nordwald
O'Connor O'Toole Surface Ward
VACANCIES: 004


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



HCS HB 1202, as amended, was laid over.



REFERRAL OF HOUSE JOINT RESOLUTIONS



The following House Joint Resolutions were referred to the Committee indicated:



HJR 50 - Budget

HJR 52 - Transportation



REFERRAL OF HOUSE BILLS



The following House Bills were referred to the Committee indicated:



HB 1349 - Labor

HB 1608 - Judiciary

HB 1609 - Sportsmanship, Safety and Firearms

HB 1805 - Commerce and Economic Development

HB 1854 - Labor

HB 1888 - Banks and Financial Institutions

HB 1901 - Education-Elementary and Secondary

HB 1902 - Civil and Administrative law

HB 1903 - Insurance

HB 1904 - Criminal Law

HB 1905 - Labor

HB 1907 - Tourism, Recreation and Cultural Affairs

HB 1908 - Motor Vehicle and Traffic Regulations

HB 1909 - Motor Vehicle and Traffic Regulations

HB 1913 - Local Government and Related Matters

HB 1914 - Utilities Regulation

HB 1915 - Fiscal Review and Government Reform

HB 1917 - Civil and Administrative Law

HB 1919 - Professional Registration and Licensing

HB 1920 - Correctional and State Institutions

HB 1921 - Critical Issues, Consumer Protection and Housing

HB 1924 - Ways and Means

HB 1925 - Children, Families and Health

HB 1927 - Children, Families and Health

HB 1928 - Tourism, Recreation and Cultural Affairs

HB 1929 - Utilities Regulation

HB 1931 - Municipal Corporations

HB 1934 - Public Safety, Law Enforcement and Veteran Affairs

HB 1937 - Professional Registration and Licensing

HB 1940 - Education-Elementary and Secondary

HB 1941 - Education-Elementary and Secondary

HB 1943 - Criminal Law

HB 1947 - Children, Families and Health

HB 1948 - Criminal Law

HB 1949 - Banks and Financial Institutions

HB 1950 - Banks and Financial Institutions

HB 1951 - Ways and Means

HB 1952 - Children, Families and Health

HB 1954 - Criminal Law

HB 1955 - Criminal Law

HB 1956 - Local Government and Related Matters

HB 1957 - Banks and Financial Institutions

HB 1958 - Agriculture

HB 1959 - Motor Vehicle and Traffic Regulations

HB 1961 - Commerce and Economic Development

HB 1963 - Education-Elementary and Secondary

HB 1964 - Municipal Corporations

HB 1965 - Commerce and Economic Development

HB 1966 - Ways and Means

HB 1967 - Agriculture

HB 1968 - Civil and Administrative Law

HB 1970 - Insurance

HB 1971 - Retirement

HB 1972 - Miscellaneous Bills & Resolutions

HB 1973 - Education-Elementary and Secondary

HB 1974 - Labor

HB 1975 - Children, Families and Health

HB 1976 - Critical Issues, Consumer Protection and Housing

HB 1977 - Criminal Law

HB 1979 - Fiscal Review and Government Reform

HB 1982 - Local Government and Related Matters

HB 1983 - Social Services, Medicaid and the Elderly

HB 1984 - Ways and Means

HB 1985 - Judiciary

HB 1986 - Education-Higher

HB 1987 - Children, Families and Health

HB 1989 - Retirement

HB 1991 - Education-Elementary and Secondary

HB 1992 - Education-Elementary and Secondary

HB 1993 - Education-Elementary and Secondary

HB 1999 - Public Safety, Law Enforcement and Veteran Affairs

HB 2000 - Commerce and Economic Development

HB 2019 - Education-Higher













COMMITTEE REPORTS



Committee on Budget, Chairman Green (73) reporting:



Mr. Speaker: Your Committee on Budget, to which was referred HB 1115, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.



Committee on Civil and Administrative Law, Chairman Smith reporting:



Mr. Speaker: Your Committee on Civil and Administrative Law, to which was referred HB 1768, begs leave to report it has examined the same and recommends that it Do Pass by Consent.



Committee on Criminal Law, Chairman Hosmer reporting:



Mr. Speaker: Your Committee on Criminal Law, to which was referred HB 1722, 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 1392, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.



Committee on Fiscal Review and Government Reform, Chairman Hollingsworth reporting:



Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HB 1906, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.



Committee on Judiciary, Chairman Monaco reporting:



Mr. Speaker: Your Committee on Judiciary, to which was referred HB 1712, begs leave to report it has examined the same and recommends that it Do Pass by Consent.



Mr. Speaker: Your Committee on Judiciary, to which was referred HB 1814, begs leave to report it has examined the same and recommends that it Do Pass by Consent.



Mr. Speaker: Your Committee on Judiciary, to which was referred HB 1895, 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 HB 1679, begs leave to report it has examined the same and recommends that it Do Pass.



Mr. Speaker: Your Committee on Miscellaneous Bills & Resolutions, to which was referred HB 1877, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.



Committee on Social Services, Medicaid and the Elderly, Chairman Ladd Baker reporting:



Mr. Speaker: Your Committee on Social Services, Medicaid and the Elderly, to which was referred HB 1479, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.



Committee on Transportation, Chairman Koller reporting:



Mr. Speaker: Your Committee on Transportation, to which was referred HB 1141, begs leave to report it has examined the same and recommends that it Do Pass by Consent.



Mr. Speaker: Your Committee on Transportation, to which was referred HB 1270, begs leave to report it has examined the same and recommends that it Do Pass by Consent.



Mr. Speaker: Your Committee on Transportation, to which was referred HB 1400, begs leave to report it has examined the same and recommends that it Do Pass by Consent.



Mr. Speaker: Your Committee on Transportation, to which was referred HB 1745, 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 1477, HB 1668, HB 1446, HB 1078, HB 1468, HB 1086, HB 1406 and HB 1402 (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 RESOLUTION



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



HCR 27, introduced by Representative Reynolds, to urge the United States Congress to enact legislation to address the issue of price controls for prescription drugs sold in the United States.



INTRODUCTION OF HOUSE JOINT RESOLUTION



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



HJR 56, introduced by Representatives Holand and Hollingsworth, relating to organizational sessions of the general assembly.

INTRODUCTION OF HOUSE BILLS



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



HB 2076, introduced by Representative Bartle, relating to location of certain businesses near state highways.



HB 2077, introduced by Representative Hanaway, relating to the higher education savings program.



HB 2078, introduced by Representative Clayton, for the purpose of repealing expired provisions of law and sections made obsolete by expired provisions of law.



HB 2079, introduced by Representative McKenna, relating to lodging establishments.



HB 2080, introduced by Representatives Britt, Richardson and Merideth, relating to retirement benefits for prosecutors.



HB 2081, introduced by Representatives Shoemaker (8), Monaco, Byrd, Johnson (90), Daus and Ridgeway, et al, relating to tampering with a judicial officer.



HB 2082, introduced by Representatives Berkowitz, Britt, Richardson and Crowell, relating to the Missouri certificate of need law.



HB 2083, introduced by Representatives Boucher, Moore, Rizzo, Hilgemann and Kelly (36), et al, relating to funding for the utilicare stabilization fund.



HB 2084, introduced by Representatives Kelley (47), Ballard, Phillips, Ladd Baker and Linton, et al, relating to the authority of the lottery commission to authorize new games.



HB 2085, introduced by Representatives Richardson and Monaco, relating to goverance of business organizations.



HB 2086, introduced by Representatives Sanders Brooks, Curls, Lowe, Van Zandt, Jolly, Wilson (42), Walton and Haywood, et al, relating to sanitation in food establishments.



HB 2087, introduced by Representatives Whorton, Daus and Lawson, relating to performance contracting for energy efficiency projects.



HB 2088, introduced by Representative Crowell, relating to sexual offenses.



MESSAGES FROM THE SENATE



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HS HCS HBs 1037, 1188, 1074 & 1271 and grants the House a conference thereon.

The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Klarich, Singleton, Schneider, Caskey and Klindt.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 744, entitled:



An act to repeal section 60.010, RSMo, relating to county surveyors and land surveys, 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 775, entitled:



An act to amend chapter 227, RSMo, by adding thereto one new section relating to the establishment of the American military veterans bridge.



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 989, entitled:



An act to repeal section 137.082, RSMo, relating to the ad valorem property tax on new construction, and to enact in lieu thereof one new section relating to the same subject.



In which the concurrence of the House is respectfully requested.



APPOINTMENT OF CONFEREES



The Speaker appointed the following Conference Committee to act with a like Committee from the Senate on the following bill:



SCS HS HCS HBs 1037, 1188, 1074 & 1271: Representatives Hosmer, Monaco, Clayton, Crowell and Richardson.



The following member's presence was noted: Nordwald.



ADJOURNMENT



On motion of Representative Crump, the House adjourned until 4:00 p.m., Monday, March 4, 2002.











CORRECTIONS TO THE HOUSE JOURNAL



Correct House Journal, Twenty-ninth Day, Wednesday, February 27, 2002, pages 391 and 392, roll call, by showing Representatives Graham, Hosmer, Kelly (27), Mayer and Murphy voting "aye" rather than "absent with leave".



Pages 392 and 393, roll call, by showing Representatives Graham, Hanaway, Hosmer, Mayer, Murphy and Reynolds voting "aye" rather than "absent with leave".



Pages 393 and 394, roll call, by showing Representatives Graham, Hanaway, Hosmer, Mayer, Murphy and Wright voting "aye" rather than "absent with leave".



COMMITTEE MEETINGS



APPROPRIATIONS - CORRECTIONS AND PUBLIC SAFETY

Monday, March 4, 2002, 12:00 p.m. Hearing Room 7.

Mark-up.

To be considered - HB 1108, HB 1109



APPROPRIATIONS - EDUCATION

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

Possible Executive Session. Continuation of mark-up.

To be considered - HB 1102, HB 1103



APPROPRIATIONS - EDUCATION

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

Possible Executive Session. Continuation of mark-up.

To be considered - HB 1102, HB 1103



APPROPRIATIONS - SOCIAL SERVICES

Monday, March 4, 2002, 11:00 a.m. Hearing Room 3.

Department of Social Services.



BUDGET

Monday, March 4, 2002. Hearing Room 3 upon evening adjournment.

If HB 1110 is finished during meeting, one of the following will be heard next.

To be considered - HB 1101, HB 1104, HB 1105, HB 1106, HB 1107



CIVIL AND ADMINISTRATIVE LAW

Wednesday, March 6, 2002, 3:00 p.m. Hearing Room 1.

To be considered - HB 1465, HB 1471, HB 1693, HB 1747, Executive Session - HB 1802









CORRECTIONAL & STATE INSTITUTIONS

Tuesday, March 5, 2002, 8:00 p.m. Hearing Room 7.

Executive Session may follow.

To be considered - HB 1593, HB 1861



CRIMINAL LAW

Wednesday, March 6, 2002, 8:00 p.m. Hearing Room 7.

Executive Session may follow.

To be considered - HB 1394, HB 1542, HB 1607, HB 1737, HB 1836



EDUCATION - ELEMENTARY AND SECONDARY

Tuesday, March 5, 2002, 3:00 p.m. Hearing Room 7. AMENDED.

To be considered - HB 1096, HB 1218, HB 1809, HB 1916, HB 2024



ELECTIONS

Tuesday, March 5, 2002, 8:30 a.m. Hearing Room 4.

Executive Session may follow.

To be considered - HB 1169, HB 1663, HB 1840



ETHICS

Tuesday, March 5, 2002. Side gallery upon morning adjournment.

Addition Democrat Majority Caucus.

Clay-Platte County Caucus.



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 CORRECTIONS

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

Discuss Missouri Vocational Enterprises. Other business.



JUDICIARY

Tuesday, March 5, 2002, 3:00 p.m. Hearing Room 5.

To be considered - HB 1659, HB 1697, HB 1698, HB 1715, HB 1766, Executive Session - HB 1578, Executive Session - HB 1656



LABOR

Tuesday, March 5, 2002, 8:00 p.m. Hearing Room 3.

To be considered - HB 1450, Executive Session - HB 1091, Executive Session - HB 1092,

Executive Session - HB 1318, Executive Session - HB 1427, Executive Session - HB 1932







LOCAL GOVERNMENT AND RELATED MATTERS

Tuesday, March 5, 2002. Hearing Room 7 upon morning adjournment.

Executive Session may follow.

To be considered - HB 1776, HB 1782, HB 1819, HB 1839, HB 1846, HB 1882, HB 1935, HB 2046



MOTOR VEHICLE AND TRAFFIC REGULATIONS

Tuesday, March 5, 2002, 3:00 p.m. Hearing Room 1.

Executive Session may follow.

To be considered - HB 1504, HB 1755, HB 1852, HB 1862



PROFESSIONAL REGISTRATION AND LICENSING

Tuesday, March 5, 2002, 9:00 a.m. Hearing Room 2.

Executive Session on the following bills.

To be considered - HB 1032, HB 1090, HB 1255, HB 1313, HB 1409, HB 1505, HB 1600, HB 1643, HB 1689, HB 1869



PUBLIC SAFETY, LAW ENFORCEMENT AND VETERAN AFFAIRS

Tuesday, March 5, 2002, 8:30 a.m. Hearing Room 6.

Executive Session will follow.

To be considered - HB 1816



SUBCOMMITTEE ON BUDGET

Tuesday, March 5, 2002, 7:30 p.m. Hearing Room 5.

Testimony.

To be considered - HB 1114



SUBCOMMITTEE ON BUDGET

Wednesday, March 6, 2002, 7:30 p.m. Hearing Room 3.

Testimony.

To be considered - HB 1114



SUBCOMMITTEE ON ENVIRONMENT AND ENERGY

Monday, March 4, 2002, 2:30 p.m. Hearing Room 4.

House Bill 1750

MTBE phase in.



TOURISM, RECREATION AND CULTURAL AFFAIRS

Monday, March 4, 2002, 8:00 p.m. Hearing Room 7.

Executive Session may follow.

To be considered - HB 1041, HB 1233, HB 1692, HB 1751, HB 1820, HCR 20



URBAN AFFAIRS

Tuesday, March 5, 2002. Side gallery upon adjournment.

Executive Session. AMENDED.

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



WAYS AND MEANS

Tuesday, March 5, 2002. Hearing Room 2 upon morning adjournment.

Possible Executive Session prior to hearing.

To be considered - HB 1206, HB 1385, HB 1727, HB 1761, HB 1883, HB 1890, HJR 49



HOUSE CALENDAR



THIRTY-FIRST DAY, MONDAY, MARCH 4, 2002



HOUSE CONCURRENT RESOLUTION FOR SECOND READING



HCR 27



HOUSE JOINT RESOLUTION FOR SECOND READING



HJR 56



HOUSE BILLS FOR SECOND READING



HB 2076 through HB 2088



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

8 HCS HB 1906 - Green (73)

9 HCS HB 1877 - Foley

10 HB 1679 - Crump

11 HCS HB 1392 - Davis

12 HCS HB 1479 - Ladd Baker



HOUSE BILLS FOR PERFECTION - INFORMAL



1 HB 1594, as amended - Gratz

2 HCS HB 1202, as amended - Smith











HOUSE BILLS FOR PERFECTION - CONSENT



(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



(3-4-02)



1 HB 1569 - Davis

2 HB 1795 - Berkowitz

3 HB 1849 - Barnitz

4 HB 1745 - Koller

5 HB 1400 - Merideth

6 HB 1141 - Naeger

7 HB 1270 - Gratz

8 HB 1822 - Walton

9 HB 1783 - Lowe

10 HB 1768 - Hosmer

11 HB 1814 - Monaco

12 HB 1712 - Monaco

13 HB 1895 - Monaco

14 HB 1722 - Hosmer

15 HB 1779 - Green (73)

16 HB 1788 - Ross

17 HB 1778 - Monaco

18 HB 1789 - Ross

19 HB 1314 - Mays (50)

20 HB 1632 - O'Connor



HOUSE JOINT RESOLUTION FOR THIRD READING



HJR 32 - Barry



HOUSE BILLS FOR THIRD READING



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

2 HB 1672 - Gambaro

3 HCS HB 1765, E.C. - Bray

4 HB 1581 - Clayton

5 HB 1418 - Barnitz



HOUSE BILLS FOR THIRD READING - CONSENT



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



SENATE BILLS FOR SECOND READING



1 SB 744

2 SB 775

3 SB 989



BILLS IN CONFERENCE



1 HCS SS#2 SB 650, E.C. - Monaco

2 SCS HS HCS HB 1037, 1188, 1074 & 1271, E.C. - Hosmer



HOUSE RESOLUTION



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






Missouri House of Representatives