Journal of the House



Second Regular Session, 91st General Assembly


FORTY-SECOND DAY, Wednesday, March 20, 2002



Speaker Kreider in the Chair.



Prayer by Reverend Rudy Beard.



Gracious Lord, bless with Your power and presence all who work in the often thankless chores of our state and of this House. As we begin this new day, we remember those who rose early this morning to insure our fresh food, our safety, who make sure our messages get through, who meet the needy of our state and serve the ill and the young, and all who do what we often take for granted.



Now, bless also, the men and women of the House and their families who often bear a heavy burden. Keep them now in Your love. We pray that You would give to us all a renewed appreciation for work, and occupation, and calling in all its rich aspects and diversity.



Keep us this day in Your protection, 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: Brett Nelson, Miranda Davis, Tiffany Allen, Hannah Clark, Jolene Taylor, Destra Stettler, Geoff Wertenberger, Brent Stull, Zhenya Townley, Alisa Townley, Andrei Townley and Devin Tilawen.



The Journal of the forty-first day was approved as corrected.



HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED



House Resolution No. 908 - Representative Willoughby

House Resolution No. 909 - Representative Shoemaker (8)

House Resolution No. 910

through

House Resolution No. 912 - Representative Harding

House Resolution No. 913 - Representatives Harding and Lawson



SECOND READING OF HOUSE CONCURRENT RESOLUTION



HCR 37 was read the second time.







SECOND READING OF SENATE BILLS



SCS SB 810, SCS SB 980, SB 1012, SB 1028, SB 1102 and SB 1143 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 HB 1496, 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 HB 1440, HCS HB 1556, HB 1679, HB 1851, HS HCS HB 1762, HB 1748 and HCS HB 1689, 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.



Ms. Jill Bergee, Missouri Teacher of the Year, addressed the House.



PERFECTION OF HOUSE BILL



HB 1773, with House Amendment No. 1, pending, relating to compensation for St. Louis police, was taken up by Representative Shelton.



House Amendment No. 1 was withdrawn.



Representative Villa offered House Amendment No. 1.



House Amendment No. 1



AMEND House Bill No. 1773, Page 1, Section A, Line 2, by inserting after all of said line the following:



"84.140. The boards [shall] may grant every member of the police force [hired prior to May 1, 1986,] who has served for one year or more a total of three weeks vacation each year with pay, and each member of the police force who has served the department for twelve years or more [shall] may receive four weeks vacation each year with pay, and each member of the police force who has served the department for twenty-one years or more [shall] may receive five weeks vacation each year with pay [; however, the boards shall grant every member of the police force hired on or after May 1, 1986, a total of two weeks vacation each year with pay, and each such member of the police force who has served the department for five years or more shall receive three weeks vacation each year with pay, and each such member of the police force who has served the department for twelve years or more shall receive four weeks vacation each year with pay, and each such member of the police force who has served the department for twenty-one years or more shall receive five weeks vacation each year with pay]. All members of the police force [shall] may receive [fourteen] fifteen holidays with pay, and one hundred four days off duty each year with pay, and the boards may from time to time grant additional days off duty each year with pay when in the judgment of the boards, the granting thereof will not materially impair the efficiency of the department."; and



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



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



The Chair ruled the point of order not well taken.



Speaker Pro Tem Abel assumed the Chair.



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



Representative Barry offered House Amendment No. 2.



House Amendment No. 2 was withdrawn.



HB 1773, as amended, was placed on the Informal Calendar.



PERFECTION OF HOUSE BILL - INFORMAL



HB 1994, relating to Southwest Missouri State University, was taken up by Representative Hosmer.



Representative Hosmer offered HS HB 1994.



Speaker Kreider resumed the Chair.



Representative Farnen offered House Amendment No. 1.



House Amendment No. 1



AMEND House Substitute for House Bill No. 1994, Page 1, Section 174.020, Lines 13 and 14, by deleting ""Central Missouri State University"" and inserting in lieu thereof the following: ""[Central] Missouri State University at Warrensburg""; and



Further amend said bill, Page 1, Section 174.020, Lines 15 and 16, by deleting ""Southeast Missouri State University"" and inserting in lieu thereof the following: ""[Southeast] Missouri State University at Cape Girardeau""; and



Further amend said bill, Page 1, Section 174.020, Line 18, by inserting immediately after the word "University" the following: "at Springfield"; and



Further amend said bill, Page 1, Section 174.020, Line 19, by deleting ""Northwest Missouri State University"" and inserting in lieu thereof the following: ""[Northwest] Missouri State University at Maryville""; and



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



Representative Farnen moved that House Amendment No. 1 be adopted.



Which motion was defeated by the following vote:



AYES: 050
Baker Barnett Barry 100 Behnen Carnahan
Cierpiot Clayton Copenhaver Crawford Daus
Davis Farnen Franklin George Graham
Green 15 Harding Harlan Hartzler Hegeman
Hendrickson Hollingsworth Jolly Kelley 47 Linton
Lograsso Luetkemeyer McKenna Murphy O'Connor
Ostmann Paone Ransdall Relford Reynolds
Richardson Ridgeway Ross Schwab Seigfreid
Shoemyer St. Onge Townley Treadway Wagner
Whorton Williams Willoughby Wilson 25 Wilson 42
NOES: 094
Ballard Barnitz Bartle Bearden Berkowitz
Berkstresser Black Bland Boatright Bonner
Boucher Bowman Britt Burcham Burton
Byrd Champion Cooper Crowell Crump
Curls Dempsey Dolan Enz Fares
Foley Fraser Froelker Gambaro Gaskill
Green 73 Griesheimer Hagan-Harrell Hampton Hanaway
Haywood Henderson Hickey Hilgemann Holand
Holt Hoppe Hosmer Hunter Jetton
Johnson 90 Kelly 144 Kelly 27 Kelly 36 King
Koller Lawson Legan Liese Long
Lowe Luetkenhaus Marble Marsh May 149
Mayer Merideth Miller Myers Naeger
Nordwald O'Toole Overschmidt Phillips Portwood
Purgason Quinn Rector Reid Reinhart
Rizzo Roark Robirds Scheve Scott
Secrest Selby Shelton Shields Shoemaker
Skaggs Smith Surface Thompson Villa
Vogel Walton Wright Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 016
Abel Bartelsmeyer Boykins Bray 84 Brooks
Campbell Cunningham Gratz Hohulin Johnson 61
Mays 50 Monaco Moore Troupe Van Zandt
Ward
VACANCIES: 003


HB 1994, with HS pending, was laid over.



On motion of Representative Crump, the House recessed until 2:00 p.m.



AFTERNOON SESSION



The hour of recess having expired, the House was called to order by Speaker Kreider.



The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Kathleen Walsh, Kathryn Imperiale and Alex Wright.



HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED



House Resolution No. 914 - Representative Ridgeway

House Resolution No. 915

and

House Resolution No. 916 - Representatives Surface and Burton

House Resolution No. 917

through

House Resolution No. 922 - Representative Moore

House Resolution No. 923

and

House Resolution No. 924 - Representative Harding

House Resolution No. 925 - Representatives Bartle and Kelley (47)



HOUSE RESOLUTION



HR 278, relating to ice storm, was taken up by Representative Bonner.



On motion of Representative Bonner, HR 278 was adopted.



Speaker Pro Tem Abel resumed the Chair.



THIRD READING OF HOUSE BILL



HB 1592, relating to workers memorial fund, was taken up by Representative Hickey.



On motion of Representative Hickey, HB 1592 was read the third time and passed by the following vote:



AYES: 147
Abel Baker Ballard Barnett Barnitz
Barry 100 Bartle Bearden Behnen Berkowitz
Berkstresser Black Bland Boatright Bonner
Boucher Bowman Bray 84 Britt Brooks
Burcham Burton Byrd Campbell Carnahan
Champion Clayton Cooper Copenhaver Crawford
Crowell Crump Curls Daus Davis
Dempsey Dolan Enz Fares Farnen
Foley Franklin Fraser 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 Hosmer Hunter Jetton 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
Merideth Miller Monaco Murphy Myers
Naeger Nordwald O'Connor O'Toole Ostmann
Overschmidt Paone 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 Surface Thompson Townley Treadway
Villa Vogel Wagner Walton Ward
Whorton Williams Willoughby Wilson 25 Wilson 42
Wright Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 013
Bartelsmeyer Boykins Cierpiot Cunningham Froelker
Harlan Hoppe Johnson 61 Lograsso McKenna
Moore Troupe Van Zandt
VACANCIES: 003


Speaker Pro Tem Abel declared the bill passed.



Speaker Kreider resumed the Chair.



PERFECTION OF HOUSE BILL - INFORMAL



HB 1994, with HS pending, relating to Southwest Missouri State University, was again taken up by Representative Hosmer.



Representative Burton offered House Amendment No. 2.



House Amendment No. 2



AMEND House Substitute for House Bill No. 1994, Page 2, Line 2, by deleting the word "shall" and inserting in lieu thereof the following: "[shall] may".



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



Representative Riback Wilson (25) offered House Amendment No. 3.



Representative Hosmer raised a point of order that House Amendment No. 3 goes beyond the scope and is not germane to the bill.



The Chair ruled the point of order well taken.

Representative Smith offered House Amendment No. 3.



Representative Riback Wilson (25) raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.



The Chair ruled the point of order well taken.



Representative Graham offered House Amendment No. 3.



Representative Hosmer raised a point of order that House Amendment No. 3 is dilatory and is not germane to the bill.



Representative Gambaro raised an additional point of order that House Amendment No. 3 is a negative motion.



The Chair ruled the first point of order well taken.



The Chair ruled the second point of order not well taken.



Representative Hollingsworth offered House Amendment No. 3.



Representative Hosmer raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.



The Chair ruled the point of order well taken.



Representative Graham offered House Amendment No. 3.



House Amendment No. 3



AMEND House Substitute for House Bill No. 1994, Page 2, Section 174.020, Line 10, by inserting thereafter the following:



"4. Costs incurred from name changes shall not be paid from state general revenue funds, tuition, or fees."; and



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



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



Representative Gaskill offered House Amendment No. 4.



House Amendment No. 4



AMEND House Substitute for House Bill No. 1994, Page 2, Section 174.020, Line 1, by deleting the words "at Joplin".



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



Representative Graham requested a division of the question on HS HB 1994, as amended.



On motion of Representative Hosmer, Part I of HS HB 1994 was adopted.



On motion of Representative Hosmer, Part II of HS HB 1994 was adopted by the following vote:



AYES: 117
Abel Baker Ballard Barnitz Barry 100
Bartle Bearden Berkowitz Berkstresser Black
Bland Boatright Bonner Boucher Bowman
Boykins Bray 84 Britt Brooks Burton
Campbell Carnahan Champion Clayton Cooper
Crump Cunningham Curls Daus Dempsey
Foley Fraser Gambaro Gaskill George
Gratz Green 15 Green 73 Griesheimer Hagan-Harrell
Hampton Hanaway Hartzler Haywood Hegeman
Henderson Hickey Hilgemann Hohulin Holand
Holt Hosmer Hunter Jetton Johnson 61
Johnson 90 Kelley 47 Kelly 144 Kelly 27 Kelly 36
King Koller Lawson Legan Liese
Linton Long Lowe Luetkemeyer Luetkenhaus
Marble Marsh Mays 50 McKenna Miller
Murphy Myers Naeger Nordwald O'Toole
Overschmidt Paone Phillips Portwood Purgason
Quinn Ransdall Rector Reinhart Relford
Rizzo Roark Robirds Ross Scheve
Schwab Scott Secrest Seigfreid Selby
Shelton Shields Shoemaker Smith St. Onge
Surface Thompson Treadway Troupe Van Zandt
Villa Vogel Wagner Walton Ward
Wright Mr. Speaker
NOES: 033
Barnett Behnen Burcham Cierpiot Copenhaver
Crawford Crowell Davis Dolan Enz
Fares Graham Harding Harlan Hendrickson
Hollingsworth Jolly May 149 Mayer Merideth
O'Connor Ostmann Reynolds Richardson Ridgeway
Shoemyer Skaggs Townley Whorton Williams
Willoughby Wilson 25 Wilson 42
PRESENT: 003
Byrd Farnen Franklin
ABSENT WITH LEAVE: 007
Bartelsmeyer Froelker Hoppe Lograsso Monaco
Moore Reid
VACANCIES: 003




On motion of Representative Hosmer, Part III of HS HB 1994, as amended, was adopted by the following vote:



AYES: 113
Abel Baker Ballard Barnitz Bartle
Bearden Berkowitz Berkstresser Black Bland
Boatright Bonner Boucher Bowman Boykins
Bray 84 Britt Brooks Burton Campbell
Carnahan Champion Cooper Crawford Crump
Cunningham Curls Daus Dempsey Foley
Fraser Gambaro Gaskill George Gratz
Green 15 Green 73 Griesheimer Hagan-Harrell Hampton
Hanaway Hartzler Haywood Hegeman Henderson
Hickey Hilgemann Hohulin Holand Holt
Hosmer Hunter Jetton Johnson 61 Johnson 90
Kelley 47 Kelly 144 Kelly 27 King Koller
Lawson Legan Liese Linton Long
Lowe Luetkemeyer Luetkenhaus Marble Marsh
Mays 50 McKenna Miller Myers Naeger
Nordwald O'Toole Overschmidt Paone Phillips
Portwood Purgason Quinn Ransdall Rector
Reinhart Rizzo Roark Robirds Ross
Scheve Schwab Scott Secrest Seigfreid
Selby Shelton Shields Shoemaker Smith
St. Onge Surface Thompson Treadway Troupe
Van Zandt Villa Vogel Wagner Walton
Ward Wright Mr. Speaker
NOES: 036
Barnett Behnen Burcham Cierpiot Clayton
Copenhaver Crowell Davis Dolan Enz
Fares Graham Harding Harlan Hendrickson
Hollingsworth Jolly Kelly 36 May 149 Mayer
Merideth Murphy O'Connor Ostmann Relford
Reynolds Richardson Ridgeway Shoemyer Skaggs
Townley Whorton Williams Willoughby Wilson 25
Wilson 42
PRESENT: 003
Barry 100 Byrd Farnen
ABSENT WITH LEAVE: 008
Bartelsmeyer Franklin Froelker Hoppe Lograsso
Monaco Moore Reid
VACANCIES: 003


On motion of Representative Hosmer, Part IV of HS HB 1994, as amended, was adopted by the following vote:





AYES: 128
Abel Ballard Barnitz Barry 100 Bartle
Bearden Berkowitz Berkstresser Black Bland
Boatright Bonner Boucher Bowman Boykins
Bray 84 Britt Brooks Burton Campbell
Carnahan Champion Clayton Cooper Copenhaver
Crawford Crowell Crump Cunningham Curls
Daus Dempsey Dolan Farnen Foley
Fraser Gambaro Gaskill George Graham
Gratz Green 15 Green 73 Griesheimer Hagan-Harrell
Hampton Hanaway Harding Hartzler Haywood
Hegeman Henderson Hickey Hilgemann Hohulin
Holand Hollingsworth Holt Hoppe Hosmer
Hunter Jetton Johnson 61 Johnson 90 Kelley 47
Kelly 144 Kelly 27 Kelly 36 King Koller
Lawson Legan Liese Linton Long
Lowe Luetkemeyer Luetkenhaus Marble Marsh
Mayer Mays 50 McKenna Miller Myers
Naeger Nordwald O'Toole Overschmidt Paone
Portwood Purgason Quinn Ransdall Rector
Reinhart Relford Rizzo Roark Robirds
Ross Scheve Schwab Scott Secrest
Seigfreid Selby Shelton Shields Shoemaker
Shoemyer Smith St. Onge Surface Thompson
Treadway Troupe Van Zandt Villa Vogel
Wagner Walton Ward Williams Wilson 25
Wilson 42 Wright Mr. Speaker
NOES: 022
Barnett Behnen Burcham Byrd Cierpiot
Davis Enz Fares Hendrickson Jolly
May 149 Merideth Murphy Ostmann Phillips
Reid Reynolds Ridgeway Skaggs Townley
Whorton Willoughby
PRESENT: 000
ABSENT WITH LEAVE: 010
Baker Bartelsmeyer Franklin Froelker Harlan
Lograsso Monaco Moore O'Connor Richardson
VACANCIES: 003


On motion of Representative Hosmer, HS HB 1994, as amended, was ordered perfected and printed.



Speaker Pro Tem Abel resumed the Chair.



THIRD READING OF HOUSE BILLS



HS HCS HB 1532, relating to intoxication torts, was taken up by Representative Hoppe.





On motion of Representative Hoppe, HS HCS HB 1532 was read the third time and passed by the following vote:



AYES: 146
Abel Ballard Barnett Barnitz Barry 100
Bartle Bearden Behnen Berkowitz Berkstresser
Black Bland Boatright 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 Gambaro Gaskill
George Graham Gratz Green 15 Green 73
Griesheimer Hagan-Harrell Hampton Hanaway Harding
Hartzler Haywood Hegeman Henderson Hendrickson
Hilgemann Hohulin Holand Hollingsworth Holt
Hoppe Hosmer Jetton Johnson 61 Johnson 90
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 Murphy Myers
Naeger Nordwald O'Connor O'Toole Ostmann
Overschmidt Paone Phillips Portwood Purgason
Quinn Ransdall Rector Reid Reinhart
Relford Reynolds Richardson Ridgeway Roark
Robirds Ross Scheve Schwab Scott
Secrest Seigfreid Selby Shelton Shields
Shoemaker Shoemyer Smith St. Onge Surface
Thompson Townley Treadway Troupe Van Zandt
Villa Vogel Wagner Walton Ward
Whorton Willoughby Wilson 25 Wilson 42 Wright
Mr. Speaker
NOES: 007
Bonner Boucher Jolly Monaco Rizzo
Skaggs Williams
PRESENT: 000
ABSENT WITH LEAVE: 007
Baker Bartelsmeyer Froelker Harlan Hickey
Hunter Moore
VACANCIES: 003


Speaker Pro Tem Abel declared the bill passed.



HCS HB 1898, relating to tax on retail pharmacies, was taken up by Representative Campbell.



On motion of Representative Campbell, HCS HB 1898 was read the third time and passed by the following vote:

AYES: 102
Abel Baker Barnitz Barry 100 Bearden
Behnen Berkowitz Berkstresser Black Bland
Bonner Bowman Boykins Bray 84 Britt
Brooks Burcham Campbell Carnahan Clayton
Cooper Copenhaver Crump Curls Daus
Davis Dempsey Dolan Fares Farnen
Foley Franklin Fraser Gambaro George
Graham Green 15 Green 73 Hagan-Harrell Hampton
Harding Harlan Hartzler Haywood Hilgemann
Holand Hollingsworth Holt Hoppe Hosmer
Hunter Jetton Johnson 90 Jolly Kelly 27
Kelly 36 Lawson Legan Lowe Luetkemeyer
Marsh Mayer Mays 50 McKenna Merideth
Miller Naeger O'Connor O'Toole Ostmann
Overschmidt Paone Ransdall Relford Reynolds
Rizzo Robirds Ross Scheve Schwab
Seigfreid Selby Shields Shoemaker Shoemyer
Skaggs Smith St. Onge Thompson Treadway
Troupe Van Zandt Villa Wagner Walton
Ward Whorton Williams Willoughby Wilson 25
Wilson 42 Mr. Speaker
NOES: 043
Ballard Barnett Bartle Boatright Burton
Byrd Champion Cierpiot Crawford Crowell
Cunningham Enz Gaskill Griesheimer Hanaway
Hegeman Henderson Hendrickson Hohulin Kelly 144
King Koller Liese Linton Lograsso
Long Marble May 149 Murphy Myers
Nordwald Phillips Purgason Quinn Rector
Reid Ridgeway Roark Scott Secrest
Surface Townley Vogel
PRESENT: 001
Reinhart
ABSENT WITH LEAVE: 014
Bartelsmeyer Boucher Froelker Gratz Hickey
Johnson 61 Kelley 47 Luetkenhaus Monaco Moore
Portwood Richardson Shelton Wright
VACANCIES: 003


Speaker Pro Tem Abel declared the bill passed.



Representative Ridgeway requested a verification of the roll call on the motion to third read and pass HCS HB 1898.



The emergency clause was adopted by the following vote:







AYES: 113
Abel Baker Barnitz Barry 100 Bearden
Behnen Berkowitz Black Bland Bonner
Boucher Bowman Boykins Bray 84 Britt
Brooks Burcham Campbell Carnahan Champion
Clayton Cooper Copenhaver Crawford Crump
Curls Daus Davis Dempsey Dolan
Fares Farnen Foley Franklin Fraser
Gambaro George Graham Gratz Green 15
Green 73 Hagan-Harrell Hampton Harding Harlan
Hartzler Haywood Hilgemann Holand Hollingsworth
Holt Hoppe Hosmer Hunter Jetton
Johnson 90 Jolly Kelley 47 Kelly 27 Kelly 36
Koller Lawson Legan Lowe Luetkemeyer
Luetkenhaus Marsh Mayer Mays 50 McKenna
Merideth Miller Monaco Myers Naeger
O'Connor O'Toole Ostmann Overschmidt Paone
Ransdall Relford Reynolds Richardson Rizzo
Robirds Ross Scheve Schwab Scott
Seigfreid Selby Shelton Shields Shoemaker
Shoemyer Skaggs Smith St. Onge Thompson
Treadway Troupe Van Zandt Villa Wagner
Walton Ward Whorton Williams Willoughby
Wilson 25 Wilson 42 Mr. Speaker
NOES: 041
Ballard Barnett Bartle Berkstresser Boatright
Burton Byrd Cierpiot Crowell Cunningham
Enz Gaskill Griesheimer Hanaway Hegeman
Henderson Hendrickson Hohulin Kelly 144 King
Liese Linton Lograsso Long Marble
May 149 Murphy Nordwald Phillips Portwood
Purgason Rector Reid Reinhart Ridgeway
Roark Secrest Surface Townley Vogel
Wright
PRESENT: 001
Johnson 61
ABSENT WITH LEAVE: 005
Bartelsmeyer Froelker Hickey Moore Quinn
VACANCIES: 003


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



On motion of Representative St. Onge, HCS HB 1403 was read the third time and passed by the following vote:





AYES: 117
Abel Baker Barry 100 Bearden Behnen
Berkowitz Black Bland Bonner Boucher
Bowman Bray 84 Britt Burcham Burton
Byrd Campbell Carnahan Clayton Cooper
Copenhaver Crawford Crowell Crump Cunningham
Curls Daus Davis Dempsey Dolan
Enz Fares Farnen Foley Fraser
Gambaro George Graham Gratz Green 15
Green 73 Griesheimer Hagan-Harrell Hampton Hanaway
Harding Harlan Haywood Henderson Hendrickson
Hickey Hilgemann Holand Hollingsworth Holt
Hoppe Hunter Jetton Johnson 61 Johnson 90
Jolly Kelly 27 Kelly 36 King Legan
Liese Long Lowe Luetkenhaus Marble
Marsh May 149 Mayer Mays 50 McKenna
Merideth Miller Monaco Murphy Myers
Naeger O'Connor O'Toole Ostmann Overschmidt
Paone Portwood Ransdall Reid Reynolds
Richardson Rizzo Scheve Schwab Scott
Secrest Selby Shelton Shields Shoemyer
Skaggs Smith St. Onge Surface Townley
Treadway Villa Vogel Wagner Walton
Ward Whorton Williams Willoughby Wilson 42
Wright Mr. Speaker
NOES: 031
Ballard Barnett Barnitz Bartle Berkstresser
Boatright Champion Cierpiot Gaskill Hartzler
Hegeman Hohulin Hosmer Kelley 47 Kelly 144
Linton Lograsso Nordwald Phillips Purgason
Rector Reinhart Relford Ridgeway Roark
Robirds Ross Seigfreid Thompson Van Zandt
Wilson 25
PRESENT: 001
Brooks
ABSENT WITH LEAVE: 011
Bartelsmeyer Boykins Franklin Froelker Koller
Lawson Luetkemeyer Moore Quinn Shoemaker
Troupe
VACANCIES: 003


Speaker Pro Tem Abel declared the bill passed.



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



On motion of Representative Smith, HCS HB 1202 was read the third time and passed by the following vote:





AYES: 088
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
Froelker George Graham Gratz Green 15
Green 73 Hagan-Harrell Hampton Harding Harlan
Haywood Hickey Hilgemann Holand Hollingsworth
Holt Hoppe Hosmer Johnson 61 Johnson 90
Jolly Kelly 27 Kelly 36 Koller Lawson
Liese Lowe Luetkenhaus Mays 50 McKenna
Merideth Monaco Murphy O'Connor O'Toole
Overschmidt Paone Ransdall Reid 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: 069
Ballard Barnett Bartle Bearden Behnen
Berkstresser Black Boatright Burcham Burton
Byrd Champion Cierpiot Cooper Crawford
Crowell Cunningham Dempsey Dolan Enz
Fares Gambaro Gaskill Griesheimer Hanaway
Hartzler Hegeman Henderson Hendrickson Hohulin
Hunter Jetton Kelley 47 Kelly 144 King
Legan Linton Lograsso Long Luetkemeyer
Marble Marsh May 149 Mayer Miller
Myers Naeger Nordwald Ostmann Phillips
Portwood Purgason Rector Reinhart Richardson
Ridgeway Roark Robirds Ross Schwab
Scott Secrest Shields Shoemaker St. Onge
Surface Townley Vogel Wright
PRESENT: 000
ABSENT WITH LEAVE: 003
Bartelsmeyer Moore Quinn
VACANCIES: 003


Speaker Pro Tem Abel declared the bill passed.



Representative Gambaro assumed the Chair.



Speaker Pro Tem Abel resumed the Chair.



HCS HBs 1344 & 1944, relating to firearms, was taken up by Representative Crump.



On motion of Representative Crump, HCS HBs 1344 & 1944 was read the third time and passed by the following vote:

AYES: 107
Abel Ballard Barnett Barnitz Bartle
Bearden Behnen Berkowitz Berkstresser Black
Boatright Bonner Britt Burcham Burton
Champion Cierpiot Clayton Cooper Copenhaver
Crawford Crowell Crump Davis Dempsey
Dolan Enz Farnen Foley Franklin
Gaskill Graham Gratz Green 15 Green 73
Griesheimer Hampton Hanaway Hartzler Hegeman
Henderson Hickey Hohulin Holand Holt
Hosmer Hunter Jetton Johnson 90 Kelly 144
Kelly 36 King Koller Lawson Legan
Liese Linton Lograsso Long Luetkemeyer
Luetkenhaus Marble Marsh May 149 Mayer
Mays 50 McKenna Merideth Miller Monaco
Murphy Myers Naeger Nordwald Ostmann
Overschmidt Phillips Portwood Purgason Ransdall
Rector Reid Reinhart Relford Richardson
Ridgeway Roark Robirds Ross Schwab
Scott Secrest Seigfreid Selby Shields
Shoemaker Shoemyer Smith Surface Townley
Treadway Vogel Wagner Ward Whorton
Wright Mr. Speaker
NOES: 046
Baker Barry 100 Bland Boucher Bowman
Boykins Bray 84 Brooks Byrd Campbell
Carnahan Curls Daus Fares Fraser
Gambaro George Hagan-Harrell Harding Harlan
Haywood Hendrickson Hilgemann Hollingsworth Hoppe
Johnson 61 Jolly Kelly 27 Lowe O'Connor
O'Toole Paone Reynolds Rizzo Scheve
Shelton Skaggs St. Onge Thompson Van Zandt
Villa Walton Williams Willoughby Wilson 25
Wilson 42
PRESENT: 001
Cunningham
ABSENT WITH LEAVE: 006
Bartelsmeyer Froelker Kelley 47 Moore Quinn
Troupe
VACANCIES: 003


Speaker Pro Tem Abel declared the bill passed.



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 2025, HB 2022, HB 2009, HB 1867, HB 1969, HB 1838, HB 2047, HB 2031, HB 1837, HB 2008, HB 1881, HB 1872, HB 2123 and HB 1953 (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.



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 SS SB 665, entitled:



An act to amend chapter 182, RSMo, by adding thereto five new sections relating to public libraries, with penalty provisions.



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 SS SB 687, entitled:



An act to repeal sections 210.906, 211.183, 568.030, 568.045 and 568.050, RSMo, relating to abandonment of a child, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions.



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 SBs 721, 757, 818 & 930, entitled:



An act to repeal sections 300.075, 300.080, 300.100, 300.105, 300.110, 300.125, 300.160, 300.215, 300.300, 300.348, 300.350, 300.585, 300.595, 302.130, 302.321, 304.001, 304.022, 304.027, 304.190, 304.220, 304.351, 575.010 and 575.150, RSMo, relating to the regulation of traffic offenses, and to enact in lieu thereof twenty-seven new sections relating to the same subject, with penalty provisions.



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 SBs 741, 929 & 871, entitled:



An act to repeal sections 194.210, 194.220, 194.230, 194.233, 194.240, 194.297, 194.299, 194.300, 194.302, 301.020, 302.171 and 302.181, RSMo, relating to organ donation and procurement, and to enact in lieu thereof twelve new sections relating to the same subject, with penalty provisions and with a delayed effective date for a certain section.



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 836, entitled:







An act to repeal sections 32.087 and 144.190, RSMo, and to enact in lieu thereof three new sections relating to the sales tax and refund procedures related to mobile telecommunications services, with an effective date.



With Senate Perfecting Amendment No. 1



Senate Perfecting Amendment No. 1



AMEND Senate Committee Substitute for Senate Bill No. 836, Page 1, In the Title, Line 4, by inserting immediately after the word "date" the following: "and an emergency clause"; and



Further amend said bill, Page 8, Section B, Line 2, by inserting after all of said line the following:



"Section C. Because of the need to continue telecommunications services this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and this act shall be in full force and effect upon its passage and approval.".



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 SS SCS SBs 843 & 658, entitled:



An act to repeal sections 441.060, 700.100, 700.350, 700.355, 700.360, 700.365, 700.370, 700.385, 700.455, 700.525, 700.527, 700.529, 700.530, 700.531, 700.533, 700.535, 700.537 and 700.539, RSMo, relating to manufactured housing, and to enact in lieu thereof fourteen new sections relating to the same subject, with penalty provisions.



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 874, entitled:



An act to repeal section 162.700, RSMo, relating to special education, and to enact in lieu thereof one new section relating to the same subject.



In which the concurrence of the House is respectfully requested.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 947, entitled:



An act to repeal sections 360.106, 360.111 and 360.112, RSMo, and to enact in lieu thereof three new sections relating to the Missouri health and educational facilities act.



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 SS SCS SB 959, entitled:



An act to repeal section 620.1355, RSMo, and to enact in lieu thereof one new section relating to investment funds service corporations, 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 SS SS SCS SBs 970, 968, 921, 867, 868 & 738, entitled:



An act to repeal sections 136.055, 142.803, 144.805, 155.080, 226.540, 226.550, 226.573, 226.580, 226.585, 227.100, 302.720, 304.001, 304.190 and 305.230, RSMo, relating to transportation, and to enact in lieu thereof eighteen new sections relating to the same subject, with penalty provisions and an emergency clause for certain sections.



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 SCS SB 1007, entitled:



An act to repeal sections 327.011, 327.031, 327.081, 327.401 and 327.411, RSMo, relating to the board of architects, engineers, surveyors and landscape architects, and to enact in lieu thereof five 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 1039, entitled:



An act to repeal section 99.134, RSMo, relating to municipal housing authority commissioners, and to enact in lieu thereof one new section relating to the same subject.



In which the concurrence of the House is respectfully requested.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SBs 1061 & 1062, entitled:



An act to repeal sections 354.085, 354.405 and 354.603, RSMo, and to enact in lieu thereof four new sections relating to health insurance administrative simplification.



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 1070, entitled:



An act to repeal sections 43.540 and 589.410, RSMo, relating to protection of children, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.

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 1163, entitled:



An act to repeal section 643.220, RSMo, relating to the air emissions banking and trading program, 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 1186, entitled:



An act to amend chapter 67, RSMo, by adding thereto one new section relating to required set-asides of private land by political subdivisions.



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 1199, entitled:



An act to amend chapter 227, RSMo, by adding thereto one new section relating to the Sergeant Randy Sullivan Memorial Highway.



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 1210, entitled:



An act to amend chapter 67, RSMo, by adding thereto one new section relating to sales taxes for the promotion of tourism and convention facilities.



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 1243, entitled:



An act to repeal sections 419.010, 419.020, 419.030 and 419.040, RSMo, relating to lodging establishments, and to enact in lieu thereof four new sections relating to the same subject.



In which the concurrence of the House is respectfully requested.



ADJOURNMENT



On motion of Representative Crump, the House adjourned until 10:00 a.m., Thursday, March 21, 2002.



CORRECTIONS TO THE HOUSE JOURNAL



Correct House Journal, Forty-first Day, Tuesday, March 19, 2002, page 684, roll call, by showing Representatives Berkstresser and Cunningham voting "aye" rather than "absent with leave".



Pages 688 and 689, roll call, by showing Representative Champion voting "aye" rather than "absent with leave".



Pages 697 and 698, roll call, by showing Representatives Champion, Johnson (90), McKenna, Miller and Thompson voting "aye" rather than "absent with leave".



COMMITTEE MEETINGS



BUDGET

Thursday, March 21, 2002, 8:00 a.m. Hearing Room 3.

Executive Session on House Bills 1102 through 1112. CANCELLED.



BUDGET

Thursday, March 21, 2002. Hearing Room 3 upon adjournment.

Executive Session on House Bills 1102 through 1112. CANCELLED.



CHILDREN, FAMILIES, AND HEALTH

Thursday, March 21, 2002, 8:30 a.m. Hearing Room 7. AMENDED NOTICE.

To be considered - Executive Session - HB 1198, Executive Session -HB 1231,

Executive Session - HB 1923



CRIMINAL LAW

Thursday, March 21, 2002. Side gallery upon morning adjournment.

Executive Session.



EDUCATION - ELEMENTARY AND SECONDARY

Thursday, March 21, 2002, 9:00 a.m. Hearing Room 5.

Hearing to continue on HB 1845.

Executive Session may follow on HCR 18, HBs 1725, 1726 & 1828.



LOCAL GOVERNMENT AND RELATED MATTERS

Thursday, March 21, 2002, 9:30 a.m. Side gallery. Executive session.



MOTOR VEHICLE AND TRAFFIC REGULATIONS

Thursday, March 21, 2002, 9:30 a.m. Side gallery.

To be considered - Executive Session - HB 1688









SOCIAL SERVICES, MEDICAID AND THE ELDERLY

Tuesday, April 2, 2002, 8:00 p.m. Hearing Room 6.

Executive Session may follow.

To be considered - HB 1983, HB 2030



UTILITIES REGULATION

Thursday, March 21, 2002, 8:30 a.m. Hearing Room 1.

Executive Session. To be considered - HB 1914



HOUSE CALENDAR



FORTY-THIRD DAY, THURSDAY, MARCH 21, 2002



HOUSE BILLS FOR PERFECTION



1 HCS HB 1654 & 1156 - Hosmer

2 HB 1306 - Williams

3 HB 1926 - Fraser

4 HCS HB 1502 & 1821 - Luetkenhaus

5 HB 1455 - O'Toole

6 HCS HB 1735 - Hoppe

7 HB 1058 - Haywood

8 HCS HB 1756 - Reid

9 HCS HB 1443 - Barry

10 HB 1489 - Britt

11 HCS HB 1692 - Overschmidt

12 HB 1460 - Hilgemann

13 HB 1488 - Skaggs

14 HCS HB 1509 & 1510 - Curls

15 HB 1850 - O'Toole

16 HB 1869 - Barry

17 HCS HB 1143 - Rizzo

18 HCS HB 1888 - Barnitz



HOUSE BILLS FOR PERFECTION - INFORMAL



1 HB 1594, as amended - Gratz

2 HCS HB 1069 - Bray

3 HCS HB 1479 - Ladd Baker

4 HB 1773, as amended - Shelton



HOUSE BILL FOR PERFECTION - REVISION



HB 2078 - Clayton



HOUSE BILLS FOR PERFECTION - CONSENT



(3-15-02)



1 HB 2039 - Kreider

2 HB 2002 - Farnen

3 HB 2080 - Britt

4 HB 1537 - Clayton

5 HB 1674 - O'Toole

6 HB 1757 - George

7 HB 1635 - Hoppe

8 HB 1659 - Kelly (27)

9 HB 2130 - Boykins

10 HB 2026 - Green (15)

11 HB 1937 - Barry

12 HB 1811 - Gambaro

13 HB 1973 - Bowman

14 HB 2023 - Franklin

15 HB 2064 - Walton

16 HB 1964 - Gambaro

17 HB 1085 - Mays (50)

18 HB 2155 - Willoughby

19 HB 1812 - Riback Wilson (25)

20 HB 1839 - Seigfreid

21 HB 1776 - Harlan

22 HB 1636 - Hoppe

23 HB 1148 - Ross

24 HB 1645 - Griesheimer

25 HB 2018 - Bartle

26 HB 2001 - Hegeman

27 HB 1580 - Barnett

28 HB 1982 - Richardson

29 HB 1846 - Scott



(3-18-02)



1 HB 1903 - Liese

2 HB 2087 - Whorton

3 HB 1955 - Hilgemann

4 HB 1701 - Luetkenhaus

5 HB 2117 - Boucher

6 HB 2032 - Hosmer

7 HB 2062 - Hosmer

8 HB 1921 - Green (73)

9 HB 1803 - Green (73)

10 HB 2029 - Hosmer

11 HB 1890 - Hilgemann

12 HB 2120 - Ridgeway

13 HB 1715 - Moore



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. (Fiscal Review 3-11-02) - Seigfreid

3 HS HCS HB 1392, (Fiscal Review 3-18-02) - Davis

4 HS HB 1496 - Green (73)

5 HS HCS HB 1440 - Harlan

6 HCS HB 1556, E.C. - Rizzo

7 HCS HB 1689 - Treadway

8 HB 1679 - Crump

9 HS HCS HB 1762 - Harding

10 HB 1748 - Ransdall

11 HB 1851, E.C. - Curls



HOUSE BILLS FOR THIRD READING - CONSENT



1 HB 1265 - Gratz

2 HB 1242 - Griesheimer

3 HB 1075 - Nordwald

4 HB 1320 - Reid

5 HB 1515 - Burton

6 HB 1569 - Davis

7 HB 1795 - Berkowitz

8 HB 1849 - Barnitz

9 HB 1745 - Koller

10 HB 1400 - Merideth

11 HB 1141 - Naeger

12 HB 1270 - Gratz

13 HB 1822 - Walton

14 HB 1783 - Lowe

15 HB 1768 - Hosmer

16 HB 1814 - Monaco

17 HB 1712 - Monaco

18 HB 1895 - Carnahan

19 HB 1722 - Hosmer

20 HB 1779 - Green (73)

21 HB 1788 - Ross

22 HB 1778 - Monaco

23 HB 1789 - Ross

24 HB 1314 - Mays (50)

25 HB 1632 - O'Connor

26 HB 1548 - Barry

27 HB 1473 - Green (15)

28 HB 1781 - Green (73)

29 HB 1194 - Gambaro

30 HB 1518 - Luetkenhaus

31 HB 1568 - Luetkenhaus

32 HB 1409 - Campbell

33 HB 1600 - Treadway

34 HB 1840 - Seigfreid

35 HB 1504 - Liese

36 HB 1852 - Villa

37 HB 1755 - Merideth

38 HB 1643 - Holand

39 HB 1861 - Burcham

40 HB 1032 - Portwood

41 HB 1313 - Burton

42 HB 1862 - May (149)

43 HB 1986 - Hosmer

44 HB 1196 - Barnett

45 HB 1041 - Myers

46 HB 1953 - Van Zandt

47 HB 2025 - Walton

48 HB 2123 - Barry

49 HB 1872 - Hosmer

50 HB 1881 - Rizzo

51 HB 2008 - O'Connor

52 HB 1837 - Berkowitz

53 HB 2031 - O'Connor

54 HB 1838 - Hosmer

55 HB 2047 - Ransdall

56 HB 2009 - O'Connor

57 HB 1867 - Griesheimer

58 HB 2022 - Richardson

59 HB 1969 - Reid













SENATE BILLS FOR SECOND READING



1 SS SB 665

2 SS SB 687

3 SCS SB 721, 757, 818 & 930

4 SCS SB 741, 929 & 871

5 SCS SB 836, as amended

6 SS SCS SB 843 & 658

7 SCS SB 874

8 SCS SB 947

9 SS SCS SB 959

10 SS SS SCS SB 970, 968, 921, 867, 868 & 738

11 SCS SB 1007

12 SB 1039

13 SCS SB 1061 & 1062

14 SCS SB 1070

15 SCS SB 1163

16 SB 1186

17 SB 1199

18 SCS SB 1210

19 SB 1243



HOUSE RESOLUTION



HR 341, (3-7-02, page 518) - Ladd Baker


Missouri House of Representatives