Journal of the House

Second Regular Session, 91st General Assembly

THIRTY-FIFTH DAY, Monday, March 11, 2002

Speaker Kreider in the Chair.

Prayer by Father David Buescher.

Almighty God, our state and nation must remember today the horror and terror of six months ago. For many the anguish and fear still remain fresh. We again call to mind those who gave their lives, their grieving relatives, those who tried to save lives, the people of New York City and all the citizens of our nation.

As we reopen this wound, let us commit ourselves again to lives that build harmony, and laws that reflect that goal. But let us be strong in this commitment as we fight the evil of terrorism with all our energy. Bring even more peace to this extraordinary state in which we live, through the work and dedication of these men and women representatives here, chosen to serve our best interests. Amen.

The Pledge of Allegiance to the flag was recited.

The Journal of the thirty-fourth day was approved as corrected.

RESOLUTION

Representative Liese offered House Resolution No. 689.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 686 - Representative Johnson (61)

House Resolution No. 687

and

House Resolution No. 688 - Representative Naeger

House Resolution No. 690

and

House Resolution No. 691 - Representative Ransdall

House Resolution No. 692

through

House Resolution No. 694 - Representative Jetton

House Resolution No. 695 - Representative Copenhaver

House Resolution No. 696 - Representative Williams

House Resolution No. 697

and

House Resolution No. 698 - Representative Kreider

House Resolution No. 699 - Representative Enz

SECOND READING OF HOUSE CONCURRENT RESOLUTIONS

HCR 28 and HCR 29 were read the second time.

SECOND READING OF HOUSE BILLS

HB 2119 through HB 2135 were read the second time.

SECOND READING OF SENATE BILLS

SCS SB 916, SB 950, SCS SB 960, SCS SB 966 and SCS SB 967 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 HCS HB 1202, 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.

Speaker Pro Tem Abel assumed the Chair.

PERFECTION OF HOUSE BILLS - INFORMAL

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

Representative St. Onge offered House Amendment No. 6.

House Amendment No. 6

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

On motion of Representative St. Onge, House Amendment No. 6 was adopted.

Representative St. Onge offered House Amendment No. 7.

House Amendment No. 7

AMEND House Committee Substitute for House Bill No. 1403, Page 3, Section 436.312, Line 5, by adding the following after the word "state":

"; and mutually agreeable to the project owner and the contractor or subcontractor, in the amount of the retainage released. If the letter of credit is not renewed at least sixty days before the expiration of the letter of credit, the owner may draw upon the letter of credit regardless of the contractor's or subcontractor's performance for an amount equal to or no greater than the value of the amount of work remaining to be performed by the contractor or subcontractor.".

On motion of Representative St. Onge, House Amendment No. 7 was adopted.

On motion of Representative St. Onge, HCS HB 1403, as amended, was adopted.

On motion of Representative St. Onge, HCS HB 1403, as amended, was ordered perfected and printed.

HCS HB 1817, relating to accountability for schools, was taken up by Representative Franklin.

Speaker Kreider resumed the Chair.

Representative Hilgemann offered House Amendment No. 1.

Representative Relford raised a point of order that House Amendment No. 1 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Carnahan offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1817, Page 2, Section 160.720, Line 28, by adding immediately after the word "agreement;" the following:

"provided, however, that the department of elementary and secondary education shall meet with any district covered by the provisions of this subdivision prior to the district submitting any element of an accountability compliance statement, so that the department may identify elements of the settlement agreement academic improvement plan that are substantially similar to the requirements contained in this section, and the department shall advise such district if, based on its review, any further plan or reporting of such plans or elements is required;" ; and

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

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

Representative Shields offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1817, Page 5, Section 160.720, Line 132, by adding after all of said line the following:

"11. In any school year in which the school funding formula contained in subsection 6 of section 163.031, RSMo., has a proration factor on line 1(b) of less than 1.0, the provisions of subsections 2 to 9 of this section relating to priority schools and priority school districts shall not be enforced. For any school year in which full funding of the school aid formula appears to be in doubt after all appropriations bills are truly agreed and finally passed, the house budget chair and the senate appropriations chair shall send a joint letter to the commissioner of education by August first, notifying the department of elementary and secondary education of the likelihood of less than full funding and requesting that the department not enforce subsections 2 to 9 of this section unless and until the department's calculations for the first "live" school aid payment of the school year show that the formula will have a proration factor on line 1(b) of no less than 1.0." ; and

Further amend title, enacting clause and intersectional references accordingly.

Representative Franklin raised a point of order that House Amendment No. 2 goes beyond the scope of the bill.

The Chair ruled the point of order not well taken.

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

Which motion was defeated.

Representative Bartle offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 1817, Page 1, Section 160.720, Line 5, by adding after that line the following:

"The department of elementary and secondary education shall endeavor to identify waivers of administrative rule that result in a meaningful reduction in administrative burden on the districts recognized in this section.".

On motion of Representative Bartle, House Amendment No. 3 was adopted.

Representative Shields offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill No. 1817, Page 5, Section 160.720, Line 132, by adding after all of said line the following:

"11. In any school year in which the school funding formula has a proration factor on line 1(b) of less than 1.0, the provisions of subsections 2 to 9 of this section relating to priority schools and priority school districts shall not be enforced. For any school year in which full funding of the school aid formula appears to be in doubt after all appropriations bills are truly agreed and finally passed, the house budget chair and the senate appropriations chair shall send a joint letter to the commissioner of education by August fifteenth, notifying the department of elementary and secondary education of the likelihood of less than full funding and requesting that the department not enforce subsections 2 to 9 of this section unless and until the department's calculations for the first "live" school aid payment of the school year show that the formula will have a proration factor on line 1(b) of no less than 1.0.".

On motion of Representative Shields, House Amendment No. 4 was adopted.

On motion of Representative Franklin, HCS HB 1817, as amended, was adopted.

On motion of Representative Franklin, HCS HB 1817, as amended, was ordered perfected and printed.

COMMUNICATION FROM THE SECRETARY OF STATE

TO THE CHIEF CLERK OF THE HOUSE

Mr. Ted Wedel

Jefferson City, MO

Sir:

I, Matt Blunt, Secretary of State of the State of Missouri, hereby certify that at the Special Election held in the 66^th House of Representative District in the State of Missouri, on the 5^th day of March, 2002, as provided by law, the following named person was elected to the office of State Representative, 66^th District as shown by the election results certified to this office by the election authority of the 66^th House of Representative District.

Name Office

Toby W. Paone State Representative

5441 Tholozan Avenue 66^th House of Representative District

St. Louis, MO 63109

IN WITNESS WHEREOF, I have hereunto set my

hand and affixed the seal of my office this 11^th day

of March, 2002.

/s/ Matt Blunt

Secretary of State

/s/ Terry Jarrett

Acting Executive Deputy Secretary of State

OATH OF OFFICE

Representative-elect Toby W. Paone advanced to the bar and subscribed to the oath of office, which was administered by the Honorable Jim Kreider, Speaker of the Missouri House of Representatives.

Representative Farnen suggested the absence of a quorum.

The following roll call indicated a quorum present:

AYES: 152

Abel	Baker	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
Enz	Fares	Farnen	Foley	Franklin
Fraser	Froelker	Gambaro	Gaskill	George
Graham	Gratz	Green 15	Green 73	Griesheimer
Hagan-Harrell	Hampton	Hanaway	Harding	Harlan
Hartzler	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'Connor
O'Toole	Ostmann	Overschmidt	Paone	Phillips
Portwood	Purgason	Quinn	Ransdall	Rector
Reid	Reinhart	Relford	Richardson	Ridgeway
Rizzo	Roark	Robirds	Ross	Scheve
Schwab	Secrest	Seigfreid	Selby	Shelton
Shields	Shoemaker	Shoemyer	Skaggs	Smith
St. Onge	Surface	Thompson	Townley	Treadway
Troupe	Villa	Vogel	Wagner	Walton
Ward	Whorton	Williams	Willoughby	Wilson 25
Wilson 42	Mr. Speaker

NOES: 000

PRESENT: 003

Lograsso	Reynolds	Wright

ABSENT WITH LEAVE: 005

Berkstresser	Haywood	Nordwald	Scott	Van Zandt

VACANCIES: 003

REFERRAL OF HOUSE CONCURRENT RESOLUTION

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

HCR 25 - Miscellaneous Bills & Resolutions

REFERRAL OF HOUSE JOINT RESOLUTION

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

HJR 58 - Judiciary

REFERRAL OF HOUSE BILLS

The following House Bills were referred to the Committee indicated:

HS HCS HBs 1461 & 1470 - Fiscal Review and Government Reform (Fiscal Note)

HB 2113 - Local Government and Related Matters

HB 2123 - Motor Vehicle and Traffic Regulations

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 HB 1141, HB 1270, HB 1314, HB 1400, HB 1569, HB 1632, HB 1712, HB 1722, HB 1745, HB 1768, HB 1778, HB 1779, HB 1783, HB 1788, HB 1789, HB 1795, HB 1814, HB 1822, HB 1849 and HB 1895 (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.

Committee on Ethics, Chairman Clayton reporting:

Mr. Speaker: Your Committee on Ethics, to which was referred the Clay-Platte County Caucus, begs leave to report it has examined the same and approves it pursuant to 105.473.3(2)(c)d RSMo.

To: Representative Robert Clayton, Chairman

House Ethics Committee

From: Representative Bill Skaggs

Date: February 12, 2002

Subject: Clay-Platte County Caucus

In accordance with Section 105.473.3(2)(c)d, RSMo, I would like to request a hearing and approval for the Clay-Platte County Caucus.

A listing of the members of the 91^st General Assembly, Second Regular Session Clay-Platte County Caucus is attached.

Clay-Platte County Caucus:

Senate District 17 /s/ Senator Ed Quick

Senate District 34 /s/ Senator Sidney Johnson

House District 31 /s/ Representative Bill Skaggs

House District 33 /s/ Representative Phil Willoughby

House District 36 /s/ Representative Gary Kelly

House District 34 /s/ Representative Annie Reinhart

House District 35 /s/ Representative Luann Ridgeway

House District 30 /s/ Representative Meg Harding

House District 32 /s/ Representative Susan Phillips

House District 29 /s/ Representative Maurice Lawson

Mr. Speaker: Your Committee on Ethics, to which was referred an addition to the Democratic Majority Caucus, begs leave to report it has examined the same and approves it pursuant to 105.473.3(2)(c)d RSMo.

To: Rep. Robert Clayton

Chairman, House Ethics Committee

From: Rep. Ted Farnen

Chairman, Democratic Majority Caucus

Subject: Addition

I respectfully request that Craig Bland be added to the Democratic Majority Caucus.

/s/ Craig Bland

District 43

Committee on Tourism, Recreation and Cultural Affairs, Chairman Overschmidt reporting:

Mr. Speaker: Your Committee on Tourism, Recreation and Cultural Affairs, to which was referred HCR 20, begs leave to report it has examined the same and recommends that it Do Pass.

HOUSE CONCURRENT RESOLUTION NO. 20

WHEREAS, an area in eastern mid-Missouri has historically and informally been known as the "Arcadia Valley":

NOW, THEREFORE, BE IT RESOLVED by the members of the House of Representatives of the Ninety-first General Assembly, Second Regular Session, the Senate concurring therein, that the area in the State west of Highway 67, east of Highway 49, south of Highway 32, and north of Highway 72 shall be formally designated as the "Arcadia Valley".

Committee on Urban Affairs, Chairman Curls reporting:

Mr. Speaker: Your Committee on Urban Affairs, to which was referred HB 1851, begs leave to report it has examined the same and recommends that it Do Pass.

INTRODUCTION OF HOUSE CONCURRENT RESOLUTION

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

HCR 30, introduced by Representative Boucher, relating to the concept of universal design in new home construction.

INTRODUCTION OF HOUSE BILLS

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

HB 2136, introduced by Representatives Shields, Naeger, Schwab, Froelker, Robirds, Ostmann and Reinhart, et al, relating to the Kansas City education renewal commission.

HB 2137, introduced by Representative Crump, relating to compensation for county treasurers.

HB 2138, introduced by Representative Kelly (27), relating to the administration of the department of transportation.

HB 2139, introduced by Representative Ladd Baker, relating to licenses to operate motor vehicles deposited in lieu of bail.

HB 2140, introduced by Representatives Berkowitz and Kreider, relating to fire protection.

HB 2141, introduced by Representatives Villa and Johnson (61), relating to transitional school districts.

HB 2142, introduced by Representative Riback Wilson (25), relating to paternity.

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 834, entitled:

An act to amend chapter 311, RSMo, by adding thereto one new section relating to Sunday liquor sales by the drink by establishments within an international airport, with an emergency clause.

Emergency clause adopted.

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 941, entitled:

An act to repeal sections 242.010, 242.200 and 242.210, RSMo, relating to drainage districts, and to enact in lieu thereof three 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 1094, entitled:

An act to repeal section 198.439, RSMo, and to enact in lieu thereof one new section relating to the nursing facility reimbursement allowance.

In which the concurrence of the House is respectfully requested.

WITHDRAWAL OF HOUSE BILL

March 11, 2002

The Honorable Jim Kreider

Speaker of the Missouri House of Representatives

Room 308, State Capitol

Jefferson City, MO 65101

Dear Speaker Kreider:

Please withdraw House Bill 1387. Thank you for your time and attention to this matter.

Sincerely,

/s/ Representative Bill Boucher

The following member's presence was noted: Scott.

ADJOURNMENT

On motion of Representative Farnen, the House adjourned until 10:00 a.m., Tuesday, March 12, 2002.

CORRECTIONS TO THE HOUSE JOURNAL

Correct House Journal, Thirty-fourth Day, Thursday, March 7, 2002, page 512, line 17, by deleting said line.

Pages 500 and 501, roll call, by showing Representatives Boucher, Crowell and Townley voting "aye" rather than "absent with leave".

Pages 501 and 502, roll call, by showing Representatives Carnahan and Townley voting "aye" rather than "absent with leave".

Pages 502 and 503, roll call, by showing Representatives Barnett and Townley voting "aye" rather than "absent with leave".

Pages 504 and 505, roll call, by showing Representative Townley voting "no" rather than "absent with leave".

Pages 505 and 506, roll call, by showing Representative Hampton voting "aye" rather than "absent with leave".

Pages 507 and 508, roll call, by showing Representative Hampton voting "aye" rather than "absent with leave".

Pages 507 and 508, roll call, by showing Representatives Surface and Townley voting "no" rather than "absent with leave".

Pages 508 and 509, roll call, by showing Representative Surface voting "aye" rather than "absent with leave".

Pages 508 and 509, roll call, by showing Representatives Hampton, Murphy and Ransdall voting "no" rather than "absent with leave".

Pages 510 and 511, roll call, by showing Representative Surface voting "aye" rather than "absent with leave".

Pages 510 and 511, roll call, by showing Representative Hampton voting "no" rather than "absent with leave".

COMMITTEE MEETINGS

AGRICULTURE

Wednesday, March 13, 2002. Hearing Room 7 upon morning adjournment.

To be considered - HB 1967, HB 2037, HB 2058, HB 2063, HB 2065, HB 2097

BUDGET

Tuesday, March 12, 2002, 8:00 a.m. Hearing Room 3. AMENDED.

To be considered - HB 1953, HJR 50, Executive Session - HB 1101

BUDGET

Tuesday, March 12, 2002. Hearing Room 3 upon morning adjournment. AMENDED.

Executive Session on previously heard bills.

To be considered - HB 1101, HB 1102, HB 1103

BUDGET

Tuesday, March 12, 2002, 7:00 p.m. Hearing Room 3.