Journal of the House

Second Regular Session, 91st General Assembly

THIRTY-FIRST DAY, Monday, March 4, 2002

Speaker Pro Tem Abel in the Chair.

Prayer by Father David Buescher.

Lord, after a weekend of cold and snow, we ask for Your warmth and sunlight this week. Give these men and women wise political substance, and underneath that, tough spiritual muscle. Through the give and take of this Chamber, through the hearings and the caucuses, the state's business is done.

That commerce, Lord, is not only for material success, but also for the dynamism of the spirit which makes life really precious. We accept the challenges these five days will bring. Let the week begin with You, God, and end even closer to You. 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 Bandermann, Kraig Turner, Laci Roberts, Sarah Davenport, Eden Perez and Ryan Scherr.

The Journal of the thirtieth day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 532 - Representative Riback Wilson (25)

House Resolution No. 533 - Representative Crawford

House Resolution No. 534 - Representative Burcham

House Resolution No. 535 - Representative Holand

House Resolution No. 536 - Representative Hunter

House Resolution No. 537

through

House Resolution No. 544 - Representative Phillips

House Resolution No. 545 - Representative Lawson

House Resolution No. 546

and

House Resolution No. 547 - Representative Abel

SECOND READING OF HOUSE CONCURRENT RESOLUTION

HCR 27 was read the second time.

SECOND READING OF HOUSE JOINT RESOLUTION

HJR 56 was read the second time.

SECOND READING OF HOUSE BILLS

HB 2076 through HB 2088 were read the second time.

SECOND READING OF SENATE BILLS

SB 744, SB 775 and SB 989 were read the second time.

THIRD READING OF HOUSE BILLS - CONSENT

HB 1477, relating to the Missouri Health and Educational Facilities Act, was taken up by Representative Farnen.

On motion of Representative Farnen, HB 1477 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 1668, relating to Emergency Personnel Appreciation Day, was taken up by Representative Holt.

On motion of Representative Holt, HB 1668 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 1446, relating to insurance, was taken up by Representative Luetkenhaus.

On motion of Representative Luetkenhaus, HB 1446 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 1078, relating to regional jail district tax, was taken up by Representative Whorton.

On motion of Representative Whorton, HB 1078 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

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 SB 961, entitled:

An act to repeal sections 86.370, 86.398, 86.447, 86.600, 86.671 and 86.745, RSMo, and to enact in lieu thereof eight new sections relating to police retirement systems.

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 1017, entitled:

An act to repeal section 67.1003, RSMo, relating to transient guest tax, 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 1041, entitled:

An act to authorize the conveyance of property owned by the department of natural resources to private ownership.

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 adopted the Conference Committee Report on CCR HCS SS#2 SB 650 and has taken up and passed CCS HCS SS#2 SB 650.

Emergency clause adopted.

CONFERENCE COMMITTEE REPORT

FOR

HOUSE COMMITTEE SUBSTITUTE

FOR

SENATE SUBSTITUTE #2

FOR

SENATE BILL NO. 650

The Conference Committee appointed on House Committee Substitute for Senate Substitute #2 for Senate Bill No. 650 begs leave to report that we, after free and fair discussion of the differences, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position on House Committee Substitute for Senate Substitute #2 for Senate Bill No. 650;

2. That the Senate recede from its position on Senate Substitute #2 for Senate Bill No. 650;

3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Substitute #2 for Senate Bill No. 650 be Third Read and Finally Passed.

FOR THE SENATE: FOR THE HOUSE:

/s/ Sen. Marvin Singleton /s/ Rep. Ralph Monaco

/s/ Sen. David Klarich /s/ Rep. Craig Hosmer

/s/ Sen. David Klindt /s/ Rep. Robert Clayton

/s/ Sen. Ted House /s/ Rep. Jason Crowell

/s/ Sen. Harold Caskey /s/ Rep. Mark Richardson

CONFERENCE COMMITTEE REPORT

FOR

SENATE COMMITTEE SUBSTITUTE

FOR

HOUSE SUBSTITUTE

FOR

HOUSE COMMITTEE SUBSTITUTE

FOR

HOUSE BILL NOS. 1037, 1188, 1074 & 1271

The Conference Committee appointed on Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill Nos. 1037, 1188, 1074 & 1271 begs leave to report that we, after free and fair discussion of the differences, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the Senate recede from its position on Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill Nos. 1037, 1188, 1074 & 1271;

2. That the House recede from its position on House Substitute for House Committee Substitute for House Bill Nos. 1037, 1188, 1074 & 1271;

3. That the attached Conference Committee Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill Nos. 1037, 1188, 1074 & 1271 be Third Read and Finally Passed.

FOR THE SENATE: FOR THE HOUSE:

/s/ Sen. Marvin Singleton /s/ Rep. Ralph Monaco

/s/ Sen. David Klarich /s/ Rep. Craig Hosmer

/s/ Sen. David Klindt /s/ Rep. Robert Clayton

/s/ Sen. Harold Caskey /s/ Rep. Jason Crowell

/s/ Rep. Mark Richardson

BILLS IN CONFERENCE

Representative Hosmer moved that Rule 60 (c) be suspended in order for the House to take up CCR SCS HS HCS HBs 1037, 1188, 1074 & 1271.

Which motion was adopted by the following vote:

Representative Foley requested a verification of the roll call on the suspension of Rule 60 (c).

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

On motion of Representative Hosmer, CCR SCS HS HCS HBs 1037, 1188, 1074 & 1271 was adopted by the following vote:

Representative Naeger requested a verification of the roll call on the adoption of CCR SCS HS HCS HBs 1037, 1188, 1074 & 1271.

Representative Lograsso raised a point of order that all the names were not called on the verification of the roll call pursuant to Article III, Section 26 of the Constitution.

The Chair ruled the point of order not well taken.

On motion of Representative Hosmer, CCS SCS HS HCS HBs 1037, 1188, 1074 & 1271 was read the third time and passed by the following vote:

The emergency clause was adopted by the following vote:

Representative Monaco moved that Rule 60 (c) be suspended in order for the House to take up CCR HCS SS #2 SB 650.

Which motion was adopted by the following vote:

CCR HCS SS #2 SB 650, relating to statute of limitations, was taken up by Representative Monaco.

On motion of Representative Monaco, CCR HCS SS #2 SB 650 was adopted by the following vote:

On motion of Representative Monaco, CCS HCS SS #2 SB 650 was truly agreed to and finally passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

The emergency clause was adopted by the following vote:

PERFECTION OF HOUSE BILL

HCS HBs 1461 & 1470, relating to elections, was taken up by Representative Seigfreid.

Representative Seigfreid offered HS HCS HBs 1461 & 1470.

Representative Long raised a point of order that HS HCS HBs 1461 & 1470 is not a true substitute.

The Chair ruled the point of order not well taken.

Representative Seigfreid offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1461 & 1470, Section 115.081, Page 12, Line 18, by inserting "major" before "political"; and

Further amend said section, Page 12, Line 20, by inserting "major" before "political"; and

Further amend said House Substitute, Section 115.433, Page 65, Line 21, by inserting "major" before "political"; and

Further amend said section, Page 65, Line 22, by inserting "major" after "a" and before "political"; and

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

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

Representative Seigfreid offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1461 & 1470, Section 115.123, Pages 19-20, by deleting all of said section; and

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

On motion of Representative Seigfreid, House Amendment No. 2 was adopted.

Representative Carnahan offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1461 & 1470, Section 115.453, Pages 66-69, by deleting all of said section; and

Further amend the title enacting clause and intersectional references accordingly.

Representative Hanaway offered House Substitute Amendment No. 1 for House Amendment No. 3.

House Substitute Amendment No. 1

for

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1461 & 1470, Section 115.453, Page 67, by deleting the brackets beginning on Line 11 and ending on Line 13, and inserting thereafter the following language:

"The intent of the voter shall be construed according to regulations promulgated by the Secretary of State.".

HCS HBs 1461 & 1470, with House Substitute Amendment No. 1 for House Amendment No. 3, House Amendment No. 3 and HS, as amended, pending, was laid over.

Speaker Kreider assumed the Chair.

MESSAGE 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 the Conference Committee Report on SCS HS HCS HBs 1037, 1188, 1074 & 1271, and has taken up and passed CCS SCS HS HCS HBs 1037, 1188, 1074 & 1271.

Emergency clause adopted.

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 CCS SCS HS HCS HBs 1037, 1188, 1074 & 1271, begs leave to report it has examined the foregoing bill and finds the same to be truly and correctly printed as agreed to and finally passed.

LETTER OF OBJECTION

March 4, 2002

Representative Don Lograsso of the 54^th District hereby files a constitutional objection to Conference Committee Report for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill Nos. 1037, 1188, 1074 and 1271 for the following reason:

On this date upon proper request for verification of the roll, in violation of Article III, Section 26 of the Missouri Constitution, the names of each member of the House was not called.

I respectfully request that this objection be forwarded to the Governor, as required, when the bill is sent to him.

Respectfully,

/s/ Representative Don Lograsso

SIGNING OF HOUSE BILL

All other business of the House was suspended while CCS SCS HS HCS HBs 1037, 1188, 1074 & 1271 was read at length and was signed by the Speaker to the end that the same may become law.

REFERRAL OF HOUSE BILLS

The following House Bills were referred to the Committee indicated:

HB 1868 - Motor Vehicle and Traffic Regulations

HB 2008 - Motor Vehicle and Traffic Regulations

HB 2009 - Motor Vehicle and Traffic Regulations

HB 2018 - Education-Elementary and Secondary

HB 2045 - Banks and Financial Institutions

HB 2054 - Local Government and Related Matters

HB 2064 - Municipal Corporations

HB 2085 - Judiciary

COMMITTEE REPORTS

Committee on Insurance, Chairman Luetkenhaus reporting:

Mr. Speaker: Your Committee on Insurance, to which was referred HB 1473, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Insurance, to which was referred HB 1518, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Insurance, to which was referred HB 1568, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Municipal Corporations, Chairman Shelton reporting:

Mr. Speaker: Your Committee on Municipal Corporations, to which was referred HB 1194, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

INTRODUCTION OF HOUSE BILLS

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

HB 2089, introduced by Representative Troupe, relating to the determination of medical necessity.

HB 2090, introduced by Representatives Bearden and Holt, relating to professional registration.

HB 2091, introduced by Representative Richardson, relating to cafeteria plans for state employees.

HB 2092, introduced by Representatives Reynolds and Froelker, relating to academic credits for certain language courses offered in public schools.

HB 2093, introduced by Representative Reynolds, relating to the deaf and hard of hearing.

HB 2094, introduced by Representatives Reynolds and Froelker, relating to the deaf and hard of hearing.

ADJOURNMENT

On motion of Representative Crump, the House adjourned until 10:00 a.m., Tuesday, March 5, 2002.

CORRECTIONS TO THE HOUSE JOURNAL

Correct House Journal, Thirtieth Day, Thursday, February 28, 2002, pages 407 and 408, roll call, by showing Representative Wilson (42) voting "aye" rather than "absent with leave".

Pages 409 and 410, roll call, by showing Representative Reynolds voting "aye" rather than "absent with leave".

Page 414, roll call, by showing Representative King voting "aye" rather than "absent with leave".

Page 415, roll call, by showing Representative Hosmer voting "aye" rather than "absent with leave".

Page 417, roll call, by showing Representative Murphy voting "aye" rather than "absent with leave".

COMMITTEE MEETINGS

APPROPRIATIONS - CORRECTIONS AND PUBLIC SAFETY

Tuesday, March 5, 2002. Hearing Room 4 upon adjournment. AMENDED.

Mark-up.

To be considered - HB 1108, HB 1109

APPROPRIATIONS - CORRECTIONS AND PUBLIC SAFETY

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

To be considered - HB 1106, HB 1107, HB 1110

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

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

Department of Social Services

BUDGET

Tuesday, March 5, 2002. Hearing Room 3 upon morning adjournment.

To be considered - HB 1106, HB 1107, HB 1110

CHILDREN, FAMILIES, AND HEALTH

Tuesday, March 5, 2002, 3:00 p.m. House Lounge. AMENDED.

To be considered - HB 1718, HB 1812, HB 1945

CIVIL AND ADMINISTRATIVE LAW

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

To be considered - HB 1465, HB 1471, HB 1693, HB 1747, HB 1917, HB 1968

Executive Session - HB 1802

COMMERCE AND ECONOMIC DEVELOPMENT

Tuesday, March 5, 2002. Hearing Room 6 upon adjournment.

Executive Session may follow.

To be considered - HB 1886, HJR 48

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.

FISCAL REVIEW AND GOVERNMENT REFORM

Wednesday, March 6, 2002, 8:30 a.m. Hearing Room 4.

Fiscal Review HCS HB 472

To be considered - HB 1897, HB 1915, Executive Session - HB 1306, Executive Session - HB 1855

INSURANCE

Tuesday, March 5, 2002, 3:00 p.m. Hearing Room 6.

To be considered - HB 1731, HB 1741, Executive Session - HB 1396, Executive Session - HB 1502

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.

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 1. AMENDED.

To be considered - HB 1450

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

MISCELLANEOUS BILLS AND RESOLUTIONS

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

Executive Session may follow.

To be considered - HB 1813, HB 1850, HJR 24, HJR 33, HJR 40, HJR 51, HR 361

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

MUNICIPAL CORPORATIONS

Wednesday, March 6, 2002, 3:00 p.m. Hearing Room 4.

To be considered - HB 1708, HB 1811

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

SOCIAL SERVICES, MEDICAID AND THE ELDERLY

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

Executive Session.

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

URBAN AFFAIRS

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

Executive Session. AMENDED.

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

UTILITIES REGULATION

Wednesday, March 6, 2002, 8:30 a.m. Hearing Room 7.

Executive Session may follow.

To be considered - HB 1875, HB 1914, HB 1929

WAYS AND MEANS

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

Possible Executive Session prior to hearing. CORRECTED.

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

HOUSE CALENDAR

THIRTY-SECOND DAY, TUESDAY, MARCH 5, 2002

HOUSE BILLS FOR SECOND READING

HB 2089 through HB 2094

HOUSE BILLS FOR PERFECTION

1 HCS HB 1461 & 1470, with HSA 1 for HA 3, HA 3 and HS, as amended, pending - 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 1468 - Ward

2 HB 1086 - Harlan

3 HB 1406 - Barnett

4 HB 1402 - Burton

SENATE BILLS FOR SECOND READING

1 SB 961

2 SB 1017

3 SB 1041

HOUSE RESOLUTION

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

Missouri House of Representatives