Journal of the House

Second Regular Session, 91st General Assembly

THIRTY-FOURTH DAY, Thursday, March 7, 2002

Speaker Pro Tem Abel in the Chair.

Prayer by Reverend Rudy Beard.

Gracious God: You have given us life and placed about and within us all that we need. Help us to be sensitive to Your Spirit brooding over us. Save us from the tensions that break us down.

Keep these men and women of the House, and their staff, in Your mercy this day. And bring Your peace to all who are caught-up in worry and the pressures that drive the House. Grant patience and good humor where it is most needed, and 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: Kurt Doenges, Whitley Almond, Brian Eddington, Jennifer Fox, Theodore Kremer, Michelle Valleroy and Zachary Miller.

The Journal of the thirty-third day was approved as printed.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 676 - Representative Green (73), et al

House Resolution No. 677 - Representative Burcham

House Resolution No. 678 - Representative Johnson (61)

House Resolution No. 679 - Representative Cooper

House Resolution No. 680 - Representative Skaggs

House Resolution No. 681 - Representative Enz

House Resolution No. 682

through

House Resolution No. 684 - Representative Hegeman

House Resolution No. 685 - Representative Bearden

SECOND READING OF HOUSE BILLS

HB 2112 through HB 2118 were read the second time.

SECOND READING OF SENATE CONCURRENT RESOLUTION

SCR 49 was read the second time.

SECOND READING OF SENATE BILLS

SB 976 and SCS SB 1024 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 HS HCS HB 1906, begs leave to report it has examined the same and finds it to be truly perfected and that the printed copies thereof furnished the members are correct.

Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred HS HCS HBs 1461 & 1470, begs leave to report it has examined the same and finds it to be truly perfected and that the printed copies thereof furnished the members are correct.

THIRD READING OF HOUSE BILLS

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

On motion of Representative Gambaro, HB 1672 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

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

On motion of Representative Clayton, HB 1581 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 1418, relating to state parks, was taken up by Representative Barnitz.

On motion of Representative Barnitz, HB 1418 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

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

On motion of Representative Bray, HCS HB 1765 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

The emergency clause was defeated by the following vote:

Speaker Kreider assumed the Chair.

HS HCS HB 1906, relating to state funds, was taken up by Representative Green (73).

Representative Green (73) offered House Perfecting Amendment No. 1.

House Perfecting Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill No. 1906, Page 2, Section 33.569, Line 4, by inserting after the word "be" a comma ",".

On motion of Representative Green (73), House Perfecting Amendment No. 1 was adopted.

On motion of Representative Green (73), HS HCS HB 1906, as amended, was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

The emergency clause was adopted by the following vote:

PERFECTION OF HOUSE BILLS - INFORMAL

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

Representative Campbell offered House Amendment No. 4.

House Amendment No. 4 was withdrawn.

On motion of Representative Smith, HCS HB 1202, as amended, was adopted.

On motion of Representative Smith, HCS HB 1202, as amended, was ordered perfected and printed by the following vote:

HCS HB 1403, relating to retainage in building contracts, was taken up by Representative St. Onge.

Representative St. Onge offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1403, Page 4, Section 436.330, Lines 4 to 6, by deleting all of said lines and inserting in lieu thereof the following: "suppliers as contractors are to their subcontractors."; and

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

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

Representative Portwood offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1403, Page 1, Section 436.300, Line 2, by inserting after the words "or agreement for" the words "public or"; and

Further amend said section, Line 5, by removing the words "for a private owner"; and

Further amend Section 436.336, Line 2, by inserting after the words "shall apply to all" the words "public and".

Speaker Pro Tem Abel resumed the Chair.

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

Which motion was defeated by the following vote:

Representative Hanaway offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 1403, Page 1, Section 436.303, Line 2, by deleting the word "five" and inserting in lieu thereof the word "ten"; and

Further amend said bill, Page 2, Section 436.306, Line 4, by inserting before the word "retainage" the phrase "one-half of the"; and

Further amend said bill, Page 2, Section 436.309, Lines 14 to 17, by deleting all of said lines and inserting in lieu thereof the following:

"account of the subcontractor's substituted security. Except as otherwise provided in this section, the contractor shall have"; and

Further amend said bill, Page 3, Section 436.312, Lines 1 to 12, by deleting all of said section and inserting in lieu thereof the following:

"436.312. Financial instruments which are bank letters of credit or surety issued performance bonds which are issued without any new cost to the owner shall constitute acceptable substitute security for purposes of sections 436.306 and 436.309."; and

Further amend said bill, Page 4, Section 436.327, Lines 3 to 6, by deleting all of said lines and inserting in lieu thereof the following:

"(1) The architect or engineer issues a certificate of substantial completion; or

(2) The owner begins to use the project for its intended purposes."; and

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

Representative Hanaway moved that House Amendment No. 3 be adopted.

Which motion was defeated by the following vote:

Representative Crawford offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill No. 1403, Page 3, Section 436.321, Line 2, following the word "to" by striking the word "substantial"; and

Further amend House Committee Substitute for House Bill No. 1403, Page 3, Section 436.324, Line 1, following the word "reaching" by striking the word "substantial"; and

Further amend House Committee Substitute for House Bill No. 1403, Page 3, Section 436.324, Lines 1-2, following the word "completion" by striking the following: "as defined in section 436.327,"; and

Further amend House Committee Substitute for House Bill No. 1403, Page 4, Section 436.327, Lines 1-6, by striking all of said section; and

Further amend title and enacting clause accordingly.

Representative Crawford moved that House Amendment No. 4 be adopted.

Which motion was defeated.

Representative Rector offered House Amendment No. 5.

House Amendment No. 5

AMEND House Committee Substitute for House Bill No. 1403, Page 4, Section 436.336, Line 3, by adding after the words "single-family residential construction" the following:

", residential construction to be sold on the market by a home builder".

Representative Rector moved that House Amendment No. 5 be adopted.

Which motion was defeated.

HCS HB 1403, as amended, was laid over.

REFERRAL OF HOUSE JOINT RESOLUTION

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

HJR 56 - Fiscal Review and Government Reform

REFERRAL OF HOUSE BILLS

The following House Bills were referred to the Committee indicated:

HB 1259 - Public Safety, Law Enforcement and Veteran Affairs

HB 1262 - Fiscal Review and Government Reform

HB 2001 - Professional Registration and Licensing

HB 2003 - Social Services, Medicaid and the Elderly

HB 2004 - Environment and Energy

HB 2005 - Fiscal Review and Government Reform

HB 2006 - Professional Registration and Licensing

HB 2007 - Motor Vehicle and Traffic Regulations

HB 2008 - Motor Vehicle and Traffic Regulations

HB 2010 - Education-Elementary and Secondary

HB 2011 - Local Government and Related Matters

HB 2013 - Education-Elementary and Secondary

HB 2014 - Judiciary

HB 2015 - Critical Issues, Consumer Protection and Housing

HB 2016 - Correctional and State Institutions

HB 2017 - Civil and Administrative Law

HB 2020 - Motor Vehicle and Traffic Regulations

HB 2021 - Motor Vehicle and Traffic Regulations

HB 2022 - Education-Higher

HB 2023 - Education-Elementary and Secondary

HB 2025 - Motor Vehicle and Traffic Regulations

HB 2026 - Transportation

HB 2027 - Motor Vehicle and Traffic Regulations

HB 2028 - Children, Families and Health

HB 2029 - Criminal Law

HB 2030 - Social Services, Medicaid and the Elderly

HB 2031 - Motor Vehicle and Traffic Regulations

HB 2032 - Criminal Law

HB 2033 - Critical Issues, Consumer Protection and Housing

HB 2034 - Transportation

HB 2035 - Judiciary

HB 2036 - Environment and Energy

HB 2037 - Agriculture

HB 2038 - Motor Vehicle and Traffic Regulations

HB 2039 - Local Government and Related Matters

HB 2040 - Environment and Energy

HB 2041 - Motor Vehicle and Traffic Regulations

HB 2042 - Motor Vehicle and Traffic Regulations

HB 2044 - Ways and Means

HB 2047 - Education-Higher

HB 2048 - Motor Vehicle and Traffic Regulations

HB 2049 - Social Services, Medicaid and the Elderly

HB 2051 - Local Government and Related Matters

HB 2052 - Public Safety, Law Enforcement and Veteran Affairs

HB 2053 - Local Government and Related Matters

HB 2055 - Judiciary

HB 2056 - Criminal Law

HB 2057 - Correctional and State Institutions

HB 2059 - Criminal Law

HB 2060 - Local Government and Related Matters

HB 2061 - Children, Families and Health

HB 2062 - Criminal Law

HB 2063 - Agriculture

HB 2065 - Agriculture

HB 2066 - Children, Families and Health

HB 2068 - Criminal Law

HB 2069 - Transportation

HB 2070 - Children, Families and Health

HB 2071 - Correctional and State Institutions

HB 2073 - Public Safety, Law Enforcement and Veteran Affairs

HB 2074 - Transportation

HB 2076 - Transportation

HB 2077 - Ways and Means

HB 2078 - Judiciary

HB 2079 - Tourism, Recreation and Cultural Affairs

HB 2081 - Judiciary

HB 2082 - Children, Families and Health

HB 2083 - Social Services, Medicaid and the Elderly

HB 2084 - Miscellaneous Bills & Resolutions

HB 2086 - Children, Families and Health

HB 2087 - Environment and Energy

HB 2088 - Criminal Law

HB 2097 - Agriculture

HB 2102 - Professional Registration and Licensing

HB 2104 - Children, Families and Health

HB 2106 - Retirement

HB 2111 - Commerce and Economic Development

HB 2115 - Transportation

HB 2117 - Critical Issues, Consumer Protection and Housing

COMMITTEE REPORTS

Committee on Banks and Financial Institutions, Chairman Liese reporting:

Mr. Speaker: Your Committee on Banks and Financial Institutions, to which was referred HR 51, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

HOUSE COMMITTEE SUBSTITUTE

FOR

HOUSE RESOLUTION NO. 51

WHEREAS, during the interim between the First and Second Regular Sessions of the Ninety-first General Assembly, the House Interim Committee on Consumer Protection and Credit Cards on College Campuses met, took testimony, deliberated, and concluded its investigation of the recent increase in credit card debt among college students in Missouri; and

WHEREAS, the House Interim Committee on Consumer Protection and Credit Cards on College Campuses submitted a report to the Speaker of the House of Representatives which included the recommendations of the committee; and

WHEREAS, technology and consumerism during the last 15 years have combined to make the ownership of a credit card by college students commonplace, while many students may not be ready for the financial responsibility associated with the ownership of a credit card; and

WHEREAS, some credit card companies actively pursue the college student market through displays, free gifts, and the inclusion of application forms in shopping bags, without any obligation to inform the student applicant of the negative aspects of credit cards, the appropriate use of credit cards, or the responsibilities of debt; and

WHEREAS, almost 4 out of every 5 students entering college having never received any kind of school instruction on personal finance and school policies regarding credit card solicitation vary among Missouri's 32 public colleges and universities; and

WHEREAS, while most of the major credit card companies state that they have systems in place to assist cardholders who have trouble with excess debt, there is very little oversight of the practices of credit card companies on college campuses; and

WHEREAS, the recently enacted federal education legislation, H.R.1 (Public Law 107-110), the No Child Left Behind Act, sets aside for the first time federal moneys for personal finance education and financial literacy projects for students in public elementary and secondary schools, with additional funds available to monitor the impact of these programs and train teachers and administrators on financial education matters:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-first General Assembly, urge the Department of Elementary and Secondary Education to incorporate personal finance and consumer education into the curriculum for public school grades kindergarten through twelfth, and that the MAP test be adjusted accordingly to test for retention and progress;

BE IT FURTHER RESOLVED that we urge the Coordinating Board of Higher Education to require each publicly funded institution of higher learning to establish a written policy on credit card solicitation of college students and address the credit card debt problem experienced by some college students by:

(1) Limiting or restricting the availability of space to market credit cards on campus;

(2) Limiting or restricting the number of solicitors allowed on campus;

(3) Prohibiting specific marketing practices on campus, such as free gifts and applications placed in shopping bags;

(4) If applications for credit cards are permitted to be placed in shopping bags, including pamphlets on credit card debt in bookstore shopping bags;

(5) Determining how and whether alumni associations are allowed to solicit undergraduate students on campus and at athletic events; and

(6) Determining what information credit card companies must provide to students when soliciting on campus, such as the long-term effect of compounded interest and disclosure of fees not prominently contained in the companies' credit card applications and contracts, the fact that the credit card company is not affiliated with the school, and the possible effects of developing a poor credit history; and

BE IT FURTHER RESOLVED that we urge the Coordinating Board of Higher Education to establish policies to:

(1) Restrict access to student information by third parties for nonacademic purposes;

(2) Give students the ability to "opt out" of student listings accessed by credit card companies without an all or nothing approach;

(3) Have available education on personal finance, credit cards, and debt management as part of the college's orientation or as a regular college course, and include information in student handbooks; and

(4) The advertisement of the availability of credit counseling for students; and

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the Department of Elementary and Secondary Education and the Coordinating Board for Higher Education.

Mr. Speaker: Your Committee on Banks and Financial Institutions, to which was referred HB 1762, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Commerce and Economic Development, Chairman Rizzo reporting:

Mr. Speaker: Your Committee on Commerce and Economic Development, to which was referred HB 1556, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Criminal Law, Chairman Hosmer reporting:

Mr. Speaker: Your Committee on Criminal Law, to which was referred HB 2080, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Critical Issues, Consumer Protection and Housing, Chairman Harlan reporting:

Mr. Speaker: Your Committee on Critical Issues, Consumer Protection and Housing, to which was referred HB 1440, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Education-Higher, Chairman Williams reporting:

Mr. Speaker: Your Committee on Education-Higher, to which was referred HB 1986, 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 1748, begs leave to report it has examined the same and recommends that it Do Pass.

Committee on Judiciary, Chairman Monaco reporting:

Mr. Speaker: Your Committee on Judiciary, to which was referred HB 1537, 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 1659, 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 HR 262, begs leave to report it has examined the same and recommends that it Do Pass.

HOUSE RESOLUTION NO. 262

WHEREAS, the Missouri House of Representatives has a long tradition of rendering assistance to programs that develop outstanding qualities of both citizenship and leadership; and

WHEREAS, the legislative interns of the Missouri General Assembly are interested in gaining an insight into the democratic process by conducting a mock legislative forum in the House Chamber; and

WHEREAS, one of the purposes of the Missouri General Assembly's intern program is to give college students participating in the program a working knowledge of the operation and function of Missouri's legislative bodies in order to better prepare them to pursue related career goals and to fulfill their roles as active and responsible citizens:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-first General Assembly, hereby grant the participants of the Legislative and State Official Intern Program permission to use the House Chamber for the purpose of conducting their 2002 Mock Legislative Session from 10:00 a.m. until 1:00 p.m. on Tuesday, April 2 and Monday, April 15, 2002.

Mr. Speaker: Your Committee on Miscellaneous Bills & Resolutions, to which was referred HR 278, begs leave to report it has examined the same and recommends that it Do Pass.

HOUSE RESOLUTION NO. 278

WHEREAS, the people of Jackson County, Missouri suffered a disastrous winter ice storm on January 30th and 31st, 2002; and

WHEREAS, this ice storm caused tens of millions of dollars in property damage, causing over three hundred fifty thousand homes to be without electric power, many for an extended period of time, resulting in untold hardships and suffering for the people of Jackson County; and

WHEREAS, it is estimated that eighty percent of the trees in Jackson County have suffered damage, and ten percent were destroyed by the ice storm; and

WHEREAS, it is estimated that cleanup and repair efforts will take until the fall of this year to complete; and

WHEREAS, local municipal governments in Jackson County are struggling to find the money to pay for the millions of dollars in costs and repairs; and

WHEREAS, on February 6, 2002, President George W. Bush and the Federal Emergency Management Agency declared Jackson County, Missouri a federal disaster area, releasing federal funds to cover up to seventy-five percent of the costs of cleanup and repair; and

WHEREAS, the State of Missouri has an obligation to help its citizens in such a time of disaster and great public need:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-first General Assembly, hereby request that Governor Bob Holden release state money by Executive Order to the municipalities of Jackson County in order to help pay for the enormous costs of the cleanup of the Great Ice Storm of 2002; 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 for Governor Bob Holden.

Mr. Speaker: Your Committee on Miscellaneous Bills & Resolutions, to which was referred HR 318, begs leave to report it has examined the same and recommends that it Do Pass.

HOUSE RESOLUTION NO. 318

WHEREAS, the General Assembly has a tradition of granting the use of the House of Representatives and Senate Chambers for mock legislative workshops conducted by civic organizations; and

WHEREAS, the University Extension 4-H Development Program is an educational experience in state government for youth by allowing such youth, with the aid and supervision of extension staff and legislators, to participate in mock legislative hearings and floor discussions of current bills that are of interest to youth:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-first General Assembly, hereby grant the 4-H Citizenship Youth Forum permission to use the House Chamber on Thursday, June 27, 2002, from 9:00 a.m. until 11:30 a.m. to conduct a mock legislative session.

Mr. Speaker: Your Committee on Miscellaneous Bills & Resolutions, to which was referred HR 341, begs leave to report it has examined the same and recommends that it Do Pass.

HOUSE RESOLUTION NO. 341

WHEREAS, the members of the Missouri House of Representatives take great pride in rendering assistance to Missouri's Silver Haired Legislature; and

WHEREAS, the Silver Haired Legislature consists of older Missourians who are elected by their peers to participate in an annual, statewide work session in Jefferson City to determine and advocate for legislative priorities before the Missouri General Assembly; and

WHEREAS, the recommendations made by the Silver Haired Legislature have contributed to a better understanding of the merits and limitations of many popular proposals and have provided a meaningful opportunity for the elderly in Missouri to get involved in current issues of consequence:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-first General Assembly, unanimously join in granting permission to the Silver Haired Legislature to use the House Chamber for their upcoming session to be held on October 31, 2002, from 9:00 a.m. to 4:30 p.m. and on November 1, 2002, from 9:00 a.m. to 1:00 p.m. and House Hearing Rooms 1 through 5 during the lunch hour on October 31 and November 1, 2002.

Mr. Speaker: Your Committee on Miscellaneous Bills & Resolutions, to which was referred HR 361, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

HOUSE COMMITTEE SUBSTITUTE

FOR

HOUSE RESOLUTION NO. 361

WHEREAS, there are a total of 221,200 Missouri jobs 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 educational systems; and

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

WHEREAS, in 2000, fifty-two percent 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, 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 Congressional Delegation voted against CAFÉ increases during the United States House of Representatives debate on H.R. 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 that we, the members of the Missouri House of Representatives, Ninety-first General Assembly, affirm its strong opposition to increases in United States Corporate Average Fuel Economy (CAFÉ) standards that would result in an increase in Corporate Average Fuel Economy (CAFÉ); and

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for each member of the Missouri Congressional Delegation.

Mr. Speaker: Your Committee on Miscellaneous Bills & Resolutions, to which was referred HCR 11, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

HOUSE COMMITTEE SUBSTITUTE

FOR

HOUSE CONCURRENT RESOLUTION NO. 11

WHEREAS, the State of Missouri borders 488 miles of the Mississippi River; and

WHEREAS, many of Missouri's locks and dams are more than 60 years old and only 600 feet long, making them unable to accommodate modern barge tows of 1,200 feet long, nearly tripling locking times, and causing lengthy delays and ultimately increasing shipping costs; and

WHEREAS, the use of 1,200-foot locks has been proven nationwide as the best method of improving efficiency, reducing congestion, and modernizing the inland waterways; and

WHEREAS, the construction of the lock and dam system has spurred economic growth and a higher standard of living in the Mississippi and Illinois river basin, and today supplies more than 300 million tons of the nation's cargo, supporting more than 400,000 jobs, including 90,000 in manufacturing; and

WHEREAS, more than 60 percent of American agriculture exports, including corn, wheat, and soybeans, are shipped down the Mississippi and Illinois rivers on the way to foreign markets; and

WHEREAS, Missouri farmers, producers, and consumers rely on efficient transportation to remain competitive in a global economy, and efficiencies in river transport offset higher production costs compared to those incurred by foreign competitors; and

WHEREAS, the Upper Mississippi and Illinois lock and dam system saves our nation more than 1.5 billion dollars in higher transportation costs each year, and failing to construct 1,200-foot locks will cause farmers to use more expensive alternative modes of transportation, including trucks and trains; and

WHEREAS, according to the United States Army Corps of Engineers, congestion along the Upper Mississippi and Illinois rivers is costing Missouri and other producers and consumers in the basin 98 million dollars a year in higher transportation costs; and

WHEREAS, river transportation is the most environmentally friendly form of transporting goods and commodities, creating almost no noise pollution and emitting 35 to 60 percent fewer pollutants than either trucks or trains according to the United States Environmental Protection Agency; and

WHEREAS, moving away from river transport would add millions of trucks and rail cars to our nation's infrastructure, adding air pollution, traffic congestion, and greater wear and tear on highways; and

WHEREAS, backwater lakes created by the lock and dam system provide breeding grounds for migratory waterfowl and fish; and

WHEREAS, the lakes and 500 miles of wildlife refuge also support a billion-dollar-a-year recreational industry, including hunting, fishing, and tourism jobs; and

WHEREAS, upgrading the system of locks and dams on the Upper Mississippi and Illinois rivers will provide 3,000 high-paying construction and related jobs over a 15 to 20 year period with health benefits which will benefit not only those directly employed, but the local health care systems and economies of the communities in which these individuals live and work; and

WHEREAS, in 1999, the State of Missouri shipped 18.8 million tons of commodities, including grain, coal, chemicals, aggregates, and other products; and

WHEREAS, 38.6 million tons of commodities, including grain, coal, chemicals, aggregates, and other products, were shipped to, from, and within Missouri by barge, representing 4.2 billion dollars in value; and

WHEREAS, shippers moving by barge in Missouri realized a savings of approximately $380 million compared to other transportation modes; and

WHEREAS, Missouri docks shipped products by barge to 18 states and received products from 17 states; and

WHEREAS, the Port of Metropolitan St. Louis shipped and received 32.6 million tons of commodities in 1999 worth over 5 billion dollars and is the second busiest inland port in the United States, linking rural Missouri and St. Louis with world markets; and

WHEREAS, there are approximately 183 manufacturing facilities, terminals, and docks on the waterways of Missouri, representing thousands of jobs in this state:

NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-first General Assembly, Second Regular Session, the Senate concurring therein, hereby recognize the importance of inland waterway transportation to Missouri agriculture and industry in the state, the region, and the nation, and urge the United States Congress to authorize funding to construct 1,200-foot locks on the Upper Mississippi and Illinois River System; and

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the President of the United States Senate, the Speaker of the United States House of Representatives, the Chair of the Unites States Senate Committee on Commerce, Science, and Transportation, the Chair of the United States House Committee on Transportation and Infrastructure, and each member of the Missouri Congressional Delegation.

Mr. Speaker: Your Committee on Miscellaneous Bills & Resolutions, to which was referred HB 1496, 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 1994, begs leave to report it has examined the same and recommends that it Do Pass.

Committee on Professional Registration and Licensing, Chairman Treadway reporting:

Mr. Speaker: Your Committee on Professional Registration and Licensing, to which was referred HB 1689, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

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 HCR 21, begs leave to report it has examined the same and recommends that it Do Pass.

HOUSE CONCURRENT RESOLUTION NO. 21

WHEREAS, members of the National Guard as active duty military service members serve our nation at the call of the President of the United States in time of national emergency and in homeland defense initiatives; and

WHEREAS, members of the National Guard take an oath and serve at the call of the President and the Governors in times of emergency; and

WHEREAS, retired National Guard members with a minimum of 20 years of service receive entitlements similar to those of active duty military retiree's, including monthly retirement checks, prescription medical services, and access to worldwide space-available military travel; and

WHEREAS, members of the National Guard are compensated and receive base pay and allowances funded by the United States Department of Defense based on the same compensation programs as active duty military personnel; and

WHEREAS, as a result of the extended service provided by members of the Missouri National Guard in support of the nation in times of national emergency, retired members with a minimum of 20 years of service with the National Guard should receive the same United States Department of Veterans Affairs (USDVA) entitlements as an active duty military retiree, including access to Missouri state veterans homes and veterans administration hospitals and USDVA prescription medical benefits:

NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-first General Assembly, Second Regular Session, the Senate concurring therein, hereby urge the United States Department of Veterans Affairs to amend their current policies and rules to provide reimbursement to the State of Missouri for National Guard member-related costs for stays in Missouri state veterans homes, and to allow National Guard veterans with a minimum of 20 years of service to participate in the per diem program and receive treatment and service at United States Department of Veterans Affairs veterans hospitals and receive prescription medical benefits in the same manner as active duty military veterans; 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 for Anthony J. Principi, Secretary of Veterans Affairs.

Committee on Retirement, Chairman Hagan-Harrell reporting:

Mr. Speaker: Your Committee on Retirement, to which was referred HB 1674, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

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 1898, 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 1196, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

INTRODUCTION OF HOUSE CONCURRENT RESOLUTIONS

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

HCR 28, introduced by Representatives Willoughby and Byrd, to create a Joint Legislative Committee on Utility Regulation and Infrastructure Investment.

HCR 29, introduced by Representative Reynolds, et al, to encourage the Citizens' Stamp Advisory Committee to recommend to the Postmaster General that a stamp honoring the Nations' coal miners be issued.

INTRODUCTION OF HOUSE BILLS

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

HB 2119, introduced by Representatives Crawford and Bearden, relating to aviation improvement.

HB 2120, introduced by Representatives Ridgeway and Hosmer, relating to the method of ascertaining the value of property.

HB 2121, introduced by Representative Campbell, relating to standby guardianship.

HB 2122, introduced by Representative Riback Wilson (25), relating to the oath used to certify personal property lists.

HB 2123, introduced by Representatives Barry, Curls, Abel, Crump, Kreider, Foley and Phillips, et al, relating to special license plates.

HB 2124, introduced by Representatives Lograsso and Wright, relating to the tax-me-more voluntary fund.

HB 2125, introduced by Representatives Wright and Lograsso, relating to the show-me pay more taxes voluntary fund.

HB 2126, introduced by Representative Shoemaker (8), relating to a memorial highway.

HB 2127, introduced by Representative Campbell, relating to elevator safety and inspection.

HB 2128, introduced by Representatives Wilson (42), Haywood, Troupe, Lowe, Campbell, Bland and Curls, et al, relating to seat belts.

HB 2129, introduced by Representatives Richardson and Monaco, relating to governance of business organizations.

HB 2130, introduced by Representatives Boykins, Gambaro, Villa, Shelton, Daus, Carnahan and Haywood, et al, relating to tangible personal property listings.

HB 2131, introduced by Representatives Bearden, Dempsey, Ostmann, Luetkenhaus and Holt, relating to highway and transportation funding.

HB 2132, introduced by Representative Troupe, relating to the criminal justice system.

HB 2133, introduced by Representatives Robirds, Koller, Kelly (144), Berkstresser, Myers, Cunningham and Marsh, et al, relating to motor vehicle inspections.

HB 2134, introduced by Representative Holand, relating to tax on retail sales of food.

HB 2135, introduced by Representative Luetkemeyer, relating to Medicaid reimbursement.

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 916, entitled:

An act to repeal sections 488.005 and 488.445, RSMo, relating to surcharges on civil cases/marriages, and to enact in lieu thereof two new sections 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 950, entitled:

An act to amend chapter 227, RSMo, by adding thereto one new section relating to the designation of the Henry Shaw Ozark Corridor.

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 960, entitled:

An act to amend chapter 301, RSMo, by adding thereto one new section relating to the creation of a special license plate.

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 966, entitled:

An act to amend chapter 301, RSMo, by adding thereto one new section relating to special license plates.

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 967, entitled:

An act to repeal section 84.160, RSMo, relating to police officers, and to enact in lieu thereof one new section relating to the same subject.

In which the concurrence of the House is respectfully requested.

WITHDRAWAL OF HOUSE BILL

March 7, 2002

Speaker Jim Kreider

Speaker of the House

The State Capitol

Jefferson City, MO 65101

Dear Speaker Kreider:

I respectfully request to withdraw HB 2085.

Your consideration to this matter is greatly appreciated.

/s/ Mark L. Richardson

State Representative

District 154

ADJOURNMENT

On motion of Representative Crump, the House adjourned until 4:00 p.m., Monday, March 11, 2002.

COMMITTEE MEETINGS

APPROPRIATIONS - CORRECTIONS AND PUBLIC SAFETY

Thursday, March 7, 2002, 9:00 a.m. Hearing Room 6.

To be considered - Executive Session - HB 1108, Executive Session - HB 1109

APPROPRIATIONS - EDUCATION

Thursday, March 7, 2002. Hearing Room 1 upon adjournment.

Possible Executive Session. Continuation of mark-up.

To be considered - HB 1102, HB 1103

BANKS AND FINANCIAL INSTITUTIONS

Thursday, March 7, 2002, 9:45 a.m. Side gallery.

Continued Executive Session.

BUDGET

Thursday, March 7, 2002, 9:00 a.m. Hearing Room 3. AMENDED.

To be considered - HB 1112

BUDGET

Thursday, March 7, 2002. Hearing Room 3 upon adjournment. AMENDED.

To be considered - HB 1108, HB 1109, HB 1111

BUDGET

Friday, March 8, 2002, 9:00 a.m. Hearing Room 3.

To be considered - HB 1108, HB 1109, HB 1111

BUDGET

Monday, March 11, 2002, 10:00 a.m. Hearing Room 3.

Continuation of hearings on FY2003 Budget

Specific bills to be announced in an amended notice.

CRITICAL ISSUES, CONSUMER PROTECTION AND HOUSING

Monday, March 11, 2002, 8:00 p.m. Hearing Room 3.

To be considered - HB 1803, HB 1921, HB 1976, HJR 25

EDUCATION - ELEMENTARY AND SECONDARY

Thursday, March 7, 2002, 9:30 a.m. Hearing Room 5.

To be considered - Executive Session - HB 2024

ENVIRONMENT AND ENERGY

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

Executive Session may follow.

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

ENVIRONMENT AND ENERGY

Tuesday, March 12, 2002. Side gallery upon morning adjournment.

Executive Session.

To be considered - HB 1750

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 ECONOMIC DEVELOPMENT

Wednesday, March 13, 2002, 9:00 a.m. Hearing Room 1.

New Madrid Enterprise Zone.

Executive Session may follow.

JUDICIARY

Thursday, March 7, 2002, 9:15 a.m. Hearing Room 1.

To be considered - HB 2085, Executive Session - HB 1659, Executive Session - HB 1698,

Executive Session - HB 1715, Executive Session - HB 1766, Executive Session - HB 2085

LABOR

Tuesday, March 12, 2002, 8:00 p.m. Hearing Room 4.

To be considered - HB 1349, HB 1974, Executive Session - HB 1091, Executive Session - HB 1092, Executive Session - HB 1318, Executive Session - HB 1427, Executive Session - HB 1932

MOTOR VEHICLE AND TRAFFIC REGULATIONS

Tuesday, March 12, 2002. Hearing Room 1 upon morning adjournment.

Executive Session may follow.

To be considered - HB 1838, HB 1867, HB 1872, HB 1881, HB 1969, HB 2008, HB 2009

PUBLIC SAFETY, LAW ENFORCEMENT AND VETERAN AFFAIRS

Tuesday, March 12, 2002, 8:30 a.m. Hearing Room 6.

Executive Session.

To be considered - HB 1876, HB 1934

RULES, JOINT RULES, BILLS PERFECTED AND PRINTED

Tuesday, March 12, 2002, 9:30 a.m. Side gallery.

Executive Session.

WAYS AND MEANS

Monday, March 11, 2002. Side gallery upon adjournment.

Executive Session.

HOUSE CALENDAR

THIRTY-FIFTH DAY, MONDAY, MARCH 11, 2002

HOUSE CONCURRENT RESOLUTIONS FOR SECOND READING

HCR 28 and HCR 29

HOUSE BILLS FOR SECOND READING

HB 2119 through HB 2135

HOUSE BILL FOR PERFECTION - APPROPRIATIONS

HCS HB 1115 - Green (73)

HOUSE BILLS FOR PERFECTION

1 HCS HB 1877 - Foley

2 HB 1679 - Crump

3 HCS HB 1392 - Davis

4 HCS HB 1479 - Ladd Baker

5 HB 1496 - Green (73)

6 HCS HB 1440 - Riback Wilson (25)

7 HCS HB 1556 - Rizzo

8 HCS HB 1689 - Treadway

9 HCS HB 1898 - Campbell

10 HCS HB 1762 - Harding

11 HB 1748 - Ransdall

12 HB 1994 - Hosmer

HOUSE BILLS FOR PERFECTION - INFORMAL

1 HB 1594, as amended - Gratz

2 HCS HB 1069 - Bray

3 HCS HB 1403, as amended - 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 - CONSENT

(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 - Carnahan

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

(3-7-02)

1 HB 1548 - Barry

2 HB 1473 - Green (15)

3 HB 1781 - Green (73)

4 HB 1194 - Gambaro

5 HB 1518 - Luetkenhaus

6 HB 1568 - Luetkenhaus

7 HB 1409 - Campbell

8 HB 1600 - Treadway

9 HB 1840 - Seigfreid

10 HB 1504 - Liese

11 HB 1852 - Villa

12 HB 1755 - Merideth

13 HB 1643 - Holand

14 HB 1861 - Burcham

15 HB 1032 - Portwood

16 HB 1313 - Burton

17 HB 1862 - May (149)

HOUSE CONCURRENT RESOLUTIONS FOR ADOPTION AND THIRD READING

1 HCS HCR 11, (3-7-02) - Clayton

2 HCR 21, (3-7-02) - Boucher

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 HS HCS HB 1461 & 1470, E.C. - Seigfreid

HOUSE BILLS FOR THIRD READING - CONSENT

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

SENATE BILLS FOR SECOND READING

1 SCS SB 916

2 SB 950

3 SCS SB 960

4 SCS SB 966

5 SCS SB 967

HOUSE RESOLUTIONS

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

2 HCS HR 51, (3-7-02) - Boykins

3 HR 278, (3-7-02) - Bonner

4 HR 262, (3-7-02) - Williams

5 HR 341, (3-7-02) - Ladd Baker

6 HCS HR 361, (3-7-02) - Hanaway

7 HR 318, (3-7-02) - Crawford

Missouri House of Representatives