Journal of the House

Second Regular Session, 91st General Assembly

FIFTY-SECOND DAY, Monday, April 15, 2002

Speaker Pro Tem Abel in the Chair.

Prayer by Father David Buescher.

We lift our minds and hearts to You, Lord God, in hopes that Your presence will be known and felt today here in this grand room. These women and men have been elected to a kind of sacred trust, God, in their promise to do their utmost to serve their constituents and all the people of our state well and properly.

As another week of this session begins today, may all here present continue to seriously keep their pledge to be of honest and faithful service. We pray that their enthusiasm for the right and just may move them deeply in their important judgments and votes. 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: Rayven A. Walker, Toni J. Walker, Logan Willoughby, Rebecca Morrison, Benjamin Morrison, K.C. Verhage and Harrison Samuel Hartzler.

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

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1240 - Representative Thompson

House Resolution No. 1241

through

House Resolution No. 1250 - Representative Portwood

House Resolution No. 1251 - Representatives Jolly and Boucher, et al

House Resolution No. 1252 - Representative Farnen

House Resolution No. 1253

and

House Resolution No. 1254 - Representative Surface

House Resolution No. 1255 - Representative Ladd Baker

House Resolution No. 1256 - Representative Troupe, et al

House Resolution No. 1257

and

House Resolution No. 1258 - Representative Crawford

House Resolution No. 1259 - Representative Burton

House Resolution No. 1260 - Representative Hegeman

House Resolution No. 1261 - Representative Relford

House Resolution No. 1262

through

House Resolution No. 1275 - Representative Murphy

House Resolution No. 1276 - Representative Gratz

House Resolution No. 1277 - Representative Rector

House Resolution No. 1278

through

House Resolution No. 1280 - Representative Kreider

PERFECTION OF HOUSE BILLS

HCS HB 1735, relating to a local government investment pool, was placed on the Informal Calendar.

HB 1058, relating to hate crimes, was taken up by Representative Haywood.

Representative Ballard offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 1058, Page 1, Section 557.035, Line 6, by bracketing out the "A" and placing "C" in place thereof.

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

Which motion was defeated.

Representative Wright offered House Amendment No. 2.

Representative Monaco raised a point of order that House Amendment No. 2 is not germane and goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Wright offered House Amendment No. 2.

House Amendment No. 2

AMEND House Bill No. 1058, Page 1, Section 557.035, Line 5, by bracketing out the following words: "[sexual orientation]".

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

Which motion was defeated.

Representative Byrd offered House Amendment No. 3.

House Amendment No. 3

AMEND House Bill No. 1058, Page 1, Section 557.035, Line 6, by deleting the phrase "Class A" and inserting in its stead "Class B".

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

House Substitute Amendment No. 1

for

House Amendment No. 3

AMEND House Bill No. 1058, Page 1, Section 557.035, Line 6, by deleting the phrase "Class A Felony" and inserting in lieu thereof the following:

"Class B Felony, unless a person has suffered serious physical injury or has died as a result of a violation of this sub-section, in which case the violation is a class A felony."; and

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

On motion of Representative Smith, House Substitute Amendment No. 1 for House Amendment No. 3 was adopted.

On motion of Representative Haywood, HB 1058, as amended, was ordered perfected and printed.

HCS HBs 1502 & 1821, with House Substitute Amendment No. 1 for House Amendment No. 2, House Amendment No. 2 and HS, pending, relating to insurance, was taken up by Representative Luetkenhaus.

House Substitute Amendment No. 1 for House Amendment No. 2 was withdrawn.

Representative Fraser offered House Substitute Amendment No. 1 for House Amendment No. 2.

House Substitute Amendment No. 1

for

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1502 & 1821, Page 3, Section 375.918.3, Line 1, by adding the following after the words "adverse action":

", place a surcharge on such coverage, render an applicant or insured ineligible for a discount, place an applicant or insured in a higher-rated tier or in a higher-rated company of an insurance group"; and

Further amend said subsection, Line 3, by adding after the word "without" the following:

"at least equal"; and by placing a period "." at the end of Line 3 instead of a comma ","; and

Further amend said subsection by deleting Lines 4 through 6.

Representative Luetkenhaus raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 2 is dilatory.

The Chair ruled the point of order not well taken.

Representative Fraser moved that House Substitute Amendment No. 1 for House Amendment No. 2 be adopted.

Which motion was defeated by the following vote:

Representative Johnson (90) moved that House Amendment No. 2 be adopted.

Which motion was defeated by the following vote:

Representative Smith offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1502 & 1821, Page 6, Section 375.918.12, Line 15, by adding after "." on said line the following:

"13. Violations of this act shall be treated as an unfair trade practice pursuant to Sections 375.936 to 375.948, RSMo."; and

Renumber subsequent subsections accordingly.

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

Which motion was defeated by the following vote:

Representative Johnson (61) offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1502 & 1821, Page 5, Section 375.918.9, Line 6, by adding the following after the word "not":

"place a surcharge on a contract, render an insured ineligible for a discount, place an insured in a higher-rated tier or in a higher-rated company of an insurance group or".

Representative Luetkemeyer raised a point of order that House Amendment No. 4 is dilatory.

The Chair ruled the point of order not well taken.

Representative Johnson (61) moved that House Amendment No. 4 be adopted.

Which motion was defeated.

Representative Johnson (90) offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1502 & 1821, Page 4, Section 375.918.7, Line 6, by adding the following after the word "not":

"7. Within ninety days from the date an insurer provides notice pursuant to subdivision (1) of subsection 6 of this section, the applicant or insured may in writing request from the insurer a statement of reasons for the action taken. The statement of reasons shall be sufficiently clear and specific so that a person of average intelligence can identify the basis for the insurer's decision without further inquiry. An insurer shall provide an explanation of significant characteristics of the credit history that may have impacted such person's insurance score to meet the requirements of this subsection.".

Representative Johnson (90) moved that House Amendment No. 5 be adopted.

Which motion was defeated.

Representative Smith offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1502 & 1821, Page 6, Section 375.918.12, Line 15, by adding after the "." on said line the following:

"13. There is hereby established a task force to be known as the "Task Force on Credit Scoring" within the department of insurance. The task force shall be appointed by the governor and consist of the following members:

(1) The director of the department of insurance who shall serve as chair of the task force,

(2) Two member of the Missouri house of representatives, one from each major political party represented in the house of representatives,

(3) Two members of the Missouri senate, one from each major political party represented in the senate,

(4) One member representing the interests of insurers,

(5) One member representing the interests of agents of insurers, and

(6) Two members representing the interests of consumers of insurance.

14. The task force shall study the use of credit scoring in pricing a policy of insurance upon application and upon renewal to determine if there are groups that are disproportionately impacted and to determine the effect on insurance availability. The task may hold public hearings, and collect and analyze data.

15. The task force shall report to the governor and the general assembly by January 15, 2003.".

Representative Smith moved that House Amendment No. 6 be adopted.

Which motion was defeated by the following vote:

On motion of Representative Luetkenhaus, HS HCS HBs 1502 & 1821 was adopted.

On motion of Representative Luetkenhaus, HS HCS HBs 1502 & 1821 was ordered perfected and printed.

THIRD READING OF HOUSE BILL - CONSENT

HB 2155, relating to regional child assessment centers, was placed on the Informal Calendar.

REFERRAL OF HOUSE BILLS

The following House Bills were referred to the Committee indicated:

HS HCS HBs 1654 & 1156 - Fiscal Review and Government Reform (Fiscal Note)

HB 2181 - Local Government and Related Matters

HB 2193 - Local Government and Related Matters

REFERRAL OF SENATE BILL

The following Senate Bill was referred to the Committee indicated:

SCS SB 712 - Miscellaneous Bills & Resolutions

COMMITTEE REPORTS

Committee on Civil and Administrative Law, Chairman Smith reporting:

Mr. Speaker: Your Committee on Civil and Administrative Law, to which was referred SB 758, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

Committee on Commerce and Economic Development, Chairman Rizzo reporting:

Mr. Speaker: Your Committee on Commerce and Economic Development, to which was referred SB 992, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

Committee on Environment and Energy, Chairman Lawson reporting:

Mr. Speaker: Your Committee on Environment and Energy, to which was referred SB 708, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Local Government and Related Matters, Chairman Hoppe reporting:

Mr. Speaker: Your Committee on Local Government and Related Matters, to which was referred SCS SB 997, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Local Government and Related Matters, to which was referred SCS SBs 1086 & 1126, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

Mr. Speaker: Your Committee on Local Government and Related Matters, to which was referred SB 1186, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

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 HB 2160, begs leave to report it has examined the same and recommends that it Do Pass.

Committee on Retirement, Chairman Hagan-Harrell reporting:

Mr. Speaker: Your Committee on Retirement, to which was referred SCS SB 967, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Transportation, Chairman Koller reporting:

Mr. Speaker: Your Committee on Transportation, to which was referred SCS SB 1202, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

ADJOURNMENT

On motion of Representative Crump, the House adjourned until 10:00 a.m., Tuesday, April 16, 2002.

CORRECTIONS TO THE HOUSE JOURNAL

Correct House Journal, Fifty-first Day, Thursday, April 11, 2002, pages 1061 and 1062, roll call, by showing Representatives Barnett, Murphy, Shields and Shoemaker (8) voting "aye" rather than "absent with leave".

Pages 1062 and 1063, roll call, by showing Representative Murphy voting "aye" rather than "absent with leave".

Pages 1063 and 1064, roll call, by showing Representatives Jetton, Murphy and Quinn voting "aye" rather than "absent with leave".

Pages 1066 and 1067, roll call, by showing Representative Black voting "no" rather than "absent with leave".

Pages 1067 and 1068, roll call, by showing Representative Boucher voting "aye" rather than "absent with leave".

Pages 1067 and 1068, roll call, by showing Representative Surface voting "no" rather than "absent with leave".

Pages 1068 and 1069, roll call, by showing Representatives Campbell and Surface voting "aye" rather than "absent with leave".

Pages 1068 and 1069, roll call, by showing Representative Hunter voting "no" rather than "absent with leave".

Pages 1069 and 1070, roll call, by showing Representative Surface voting "no" rather than "absent with leave".

Pages 1070 and 1071, roll call, by showing Representative Black voting "no" rather than "aye".

Pages 1070 and 1071, roll call, by showing Representatives Barry, Hosmer, Kelly (27) and Murphy voting "aye" rather than "absent with leave".

Pages 1070 and 1071, roll call, by showing Representatives Berkstresser and Surface voting "no" rather than "absent with leave".

Page 1071, roll call, by showing Representatives Barry, Carnahan, Hosmer, Kelly (27), Murphy and Naeger voting "aye" rather than "absent with leave".

Page 1071, roll call, by showing Representatives Berkstresser and Surface voting "no" rather than "absent with leave".

Page 1071, roll call, by showing Representative Black voting "no" rather than "aye".

Page 1072, roll call, by showing Representative Surface voting "no" rather than "absent with leave".

COMMITTEE MEETINGS

AGRICULTURE

Wednesday, April 17, 2002. Hearing Room 7 upon morning recess.

Executive Session may follow.

Public Hearing to be held on: SCR 47

BUDGET

Tuesday, April 16, 2002, 8:30 a.m. Hearing Room 3.

Consideration of Motion to approve Tax Credit Estimation.

Executive Session.

CHILDREN, FAMILIES, AND HEALTH

Tuesday, April 16, 2002. Hearing Room 4 upon noon recess.

Executive Session will follow.

Public Hearing to be held on: HB 2082, HB 2086

CIVIL AND ADMINISTRATIVE LAW

Wednesday, April 17, 2002. Hearing Room 1 upon morning recess.

Executive Session may follow.

Public Hearing to be held on: SB 969

COMMERCE AND ECONOMIC DEVELOPMENT

Tuesday, April 16, 2002, 1:00 p.m. Hearing Room 6.

Executive Session may follow.

Public Hearing to be held on: SB 856

INSURANCE

Tuesday, April 16, 2002. Hearing Room 3 upon afternoon adjournment.

Executive Session may follow.

Public Hearing to be held on: SB 1009

JOINT COMMITTEE ON ADMINISTRATIVE RULES

Thursday, April 18, 2002. Senate Lounge upon noon adjournment. AMENDED.

Rule Number 19 CSR 30-82.010,.020,.070 30-83.010.

JOINT COMMITTEE ON CORRECTIONS

Tuesday, April 16, 2002, 9:00 a.m. Room 434.

Subcommittee to the Joint Committee on Corrections.

LABOR

Tuesday, April 16, 2002, 9:00 a.m. Hearing Room 1.

Public Hearing to be held on: HB 2173

LOCAL GOVERNMENT AND RELATED MATTERS

Tuesday, April 16, 2002. Hearing Room 7 upon morning recess.

Executive Session may follow.

Public Hearing to be held on: HB 1891, HB 2181, HB 2193, SB 665, SB 817, SB 993

MISCELLANEOUS BILLS AND RESOLUTIONS

Wednesday, April 17, 2002, 9:00 a.m. Hearing Room 6.

Executive Session may follow.

Public Hearing to be held on: SB 712

HOUSE CALENDAR

FIFTY-THIRD DAY, TUESDAY, APRIL 16, 2002

HOUSE JOINT RESOLUTIONS FOR PERFECTION

1 HJR 28 - Villa

2 HCS HJR 51 - Whorton

HOUSE BILLS FOR PERFECTION

1 HB 1460 - Hilgemann

2 HCS HB 1509 & 1510 - Curls

3 HCS HB 1143 - Rizzo

4 HCS HB 1888 - Barnitz

5 HCS HB 1962 - Monaco

6 HCS HB 1527 - Graham

7 HCS HB 1809 - Sanders Brooks

8 HB 1726 - Walton

9 HCS HB 1729, 1589 & 1435 - Barnitz

10 HCS HB 1717 - Foley

11 HCS HB 1577, 1760, 1433, 1430, 1029 & 1700 - Campbell

12 HCS HB 1695 - Selby

13 HB 1090 - Reynolds

14 HB 1508 - Koller

15 HCS HB 1936 - Berkowitz

16 HB 1350 - Liese

17 HCS HB 1656 - Wright

18 HCS HB 1216 - Johnson (61)

19 HB 1627 - Kreider

20 HCS HB 1886 - Rizzo

21 HB 1307 - Williams

22 HB 1988 - Kelly (144)

23 HCS HB 1868 - Barry

24 HB 2160 - Britt

HOUSE BILLS FOR PERFECTION - INFORMAL

1 HB 1594, as amended - Gratz

2 HCS HB 1069 - Bray

3 HCS HB 1479 - Ladd Baker

4 HCS HB 1735 - Hoppe

HOUSE BILL FOR PERFECTION - REVISION

HB 2078 - Clayton

HOUSE CONCURRENT RESOLUTIONS FOR ADOPTION AND THIRD READING

1 HCR 13, (4-9-02, Pages 1024 & 1025) - Bowman

2 HCR 18, (4-9-02, Pages 1022 & 1023) - Wilson (42)

3 HCR 16, (4-10-02, Pages 1050 & 1051) - Farnen

4 HCR 24, (4-11-02, Pages 1084 & 1085) - Kreider

5 HCR 34, (4-11-02, Pages 1080 & 1081) - Riback Wilson (25)

HOUSE JOINT RESOLUTION FOR THIRD READING

HJR 32 - Barry

HOUSE BILLS FOR THIRD READING

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

2 HB 1306, E.C. (Fiscal Review 4-2-02) - Williams

3 HS HCS HB 1654 & 1156, (Fiscal Review 4-15-02) - Hosmer

4 HS HCS HB 1756 - Reid

HOUSE BILLS FOR THIRD READING - CONSENT - INFORMAL

1 HB 1872 - Hosmer

2 HB 2155 - Willoughby

SENATE BILLS FOR THIRD READING - CONSENT

1 SCS SB 988 - Hartzler

2 HCS SCS SB 645 - Relford

3 HCS SB 992 - Rizzo

4 SB 1124 - Gambaro

5 SCS SB 804 - Sanders Brooks

6 SB 639 - Williams

7 HCS SCS SB 776 - Harlan

8 HCS SCS SB 1113 - Farnen

9 SCS SB 997 - Willoughby

10 HCS SB 1012 - Lawson

11 HCS SB 795 - Treadway

12 HCS SCS SB 1086 & 1126 - Hoppe

13 HCS SB 786 - Campbell

14 SCS SB 1132 - Daus

15 HCS SB 1244 - Barry

16 HCS SB 961 - Curls

17 SB 708 - Lawson

18 SB 701 - Lowe

19 SB 742 - Monaco

20 HCS SB 749 - Monaco

21 HCS SB 1213 - Hosmer

22 HCS SCS SB 1210 - Lawson

23 SB 1247 - Willoughby

24 SB 1001 - Crump

25 HCS SB 1078 - Hoppe

26 SB 941 - Mays (50)

27 HCS SB 695 - Barry

28 HCS SB 962 - Jolly

29 HCS SB 1119 - Kelly (27)

30 SB 1217 -

31 SCS SB 967 -

32 SB 1243 - Kelly (27)

33 HCS SCS SB 1212 - Ransdall

34 SB 1041, HCAs 1, 2 & 3 - Gratz

35 SB 1168, HCA 1 - Gratz

36 SB 974 - Koller

37 HCS SB 1251 - Monaco

38 SCS SB 1163 - Ransdall

39 SB 720 - Hoppe

40 HCS SB 714 - Barry

41 SCS SB 729 - Luetkenhaus

42 SB 891 - Rizzo

43 HCS SB 932 - Smith

44 SCS SB 1015 - Relford

45 SCS SB 1071 - Lawson

46 HCS SB 1094 - Green (73)

47 SB 1048 - Reinhart

48 SB 1028 - Luetkemeyer

49 SB 812 - Holand

50 SB 726 - Gaskill

51 SB 865 - Myers

52 SCS SB 918 - Linton

53 HCS SB 1102 - Hosmer

54 SB 1109 - Portwood

55 HCS SCS SB 947 - Farnen

56 SCS SB 1207 - Holand

57 SCS SB 1151 - Myers

58 HCS SCS SB 980 - Hunter

59 SCS SB 874 - Franklin

60 HCS SB 1186 - Hoppe

61 SCS SB 1182 - Barry

62 HCS SCS SB 1202, E.C. - Koller

63 HCS SB 758 - Hosmer

64 SCS SB 1024 - Holand

65 SB 976 - Portwood

66 SS SCS SB 959, E.C. - Rizzo

67 SB 644 - Davis

68 SCS SB 1241, 1253 & 1189 - Boykins

69 SCS SB 966 - Gambaro

70 SB 798 - Ross

71 SCS SB 745 - Kelly (144)

72 HCS SB 950 - Griesheimer

73 SB 1199, HCA 1 - Bearden

74 HCS SCS SB 960 - O'Connor

75 HCS SCS SB 1093 - Hilgemann

76 SB 831 - Gambaro

77 HCS SCS SB 957 - Reid

78 SCS SB 656 - Luetkenhaus

79 HCS SCS SB 737 - Berkowitz

SENATE BILL FOR THIRD READING

SB 1220 - O'Toole

HOUSE RESOLUTIONS

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

2 HR 281, (4-9-02, Pages 1021 & 1022) - Hampton

Missouri House of Representatives