Second Regular Session, 91st General Assembly
FIFTY-FOURTH DAY, Wednesday, April 17, 2002
Speaker Kreider in the Chair.
Prayer by Reverend Rudy Beard.
Gracious God, help us to see that the pace at which we live makes our living difficult. We go so fast that we miss Your "still small voice" that sounds in mind and soul. Bless the men and women of the House. Give to them a passion for the principles of excellence, protect them from politics expedient.
Help them make these moments of service to Missouri count, and reveal to them Your truth for this day. 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: Tyler Cukar, Phillip Raine, Melissa Guevara, Alex Ramirez, Daniel Green, Andrew Adrian, Andrea Lehman, Valerie Kelsey, Joshua Golliver, Rebecca Gordon, Russ Kohl, Nicole Survant, Lindsay Heitisimer, Casey Fitzgerald, Dzenan Kahrimanovic, Emmanuel Porter, Mark Buhrmester, Kaitlin Boyd, Meredith Starrs, Mike Newton, Alex Linan, McKinna Allen, Kelsey Allen, Aaron Turner, Sydney Turner, Stefannie Cundiff and Aaron Porter.
The Journal of the fifty-third day was approved as corrected.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 1353 - Representative Harlan
House Resolution No. 1354
through
House Resolution No. 1359 - Representative Crowell
House Resolution No. 1360 - Representative Burton
House Resolution No. 1361
and
House Resolution No. 1362 - Representative St. Onge
House Resolution No. 1363 - Representative Townley
House Resolution No. 1364 - Representative Mayer
House Resolution No. 1365
through
House Resolution No. 1367 - Representative Harding
House Resolution No. 1368 - Representative May (149)
House Resolution No. 1369
and
House Resolution No. 1370 - Representative Copenhaver
House Resolution No. 1371
and
House Resolution No. 1372 - Representative Hampton
House Resolution No. 1373 - Representative Berkowitz
House Resolution No. 1374 - Representative Reinhart
House Resolution No. 1375 - Representative Williams
SECOND READING OF HOUSE CONCURRENT RESOLUTION
HCR 40 was read the second time.
SECOND READING OF SENATE BILL
SS SCS SB 884 was 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 HS HCS HB 1962, HCS HB 1143, HCS HB 1809, HS HCS HB 1527, HCS HB 1888, HB 1460 and HCS HBs 1509 & 1510, 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.
PERFECTION OF HOUSE BILL - REVISION
HB 2078, relating to the repeal of expired sections, was taken up by Representative Clayton.
On motion of Representative Clayton, HB 2078 was ordered perfected and printed.
Speaker Pro Tem Abel assumed the Chair.
ADOPTION AND THIRD READING OF HOUSE CONCURRENT RESOLUTIONS
HCR 18, relating to consumer credit issues, was taken up by Representative Wilson (42).
On motion of Representative Wilson (42), HCR 18 was read the third time and passed by the following vote:
AYES: 155 | ||||
Abel | Baker | Ballard | Barnett | Barnitz |
Barry 100 | Bartelsmeyer | Bartle | Bearden | Behnen |
Berkowitz | Berkstresser | Black | Bland | Boatright |
Bonner | Boucher | Bowman | Bray 84 | Britt |
Brooks | 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 | Gratz |
Green 15 | Green 73 | Griesheimer | Hagan-Harrell | Hampton |
Hanaway | Harding | Harlan | Hartzler | Haywood |
Hegeman | Henderson | Hendrickson | Hickey | Hilgemann |
Holand | Hollingsworth | Holt | Hoppe | Hosmer |
Jetton | Johnson 61 | Johnson 90 | Jolly | Jones |
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 | 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 |
Troupe | Van Zandt | Villa | Vogel | Wagner |
Walker | Walton | Ward | Whorton | Williams |
Willoughby | Wilson 25 | Wilson 42 | Wright | Mr. Speaker |
NOES: 000 | ||||
PRESENT: 000 | ||||
ABSENT WITH LEAVE: 007 | ||||
Boykins | Burcham | Graham | Hohulin | Hunter |
Lograsso | Murphy | |||
VACANCIES: 001 |
Speaker Pro Tem Abel declared the bill passed.
HCR 16, relating to Statuary Hall, was taken up by Representative Farnen.
On motion of Representative Farnen, HCR 16 was read the third time and passed by the following vote:
AYES: 150 | ||||
Abel | Baker | Ballard | Barnett | Barnitz |
Barry 100 | Bartelsmeyer | Bartle | Bearden | Behnen |
Berkowitz | Berkstresser | Black | Bland | Boatright |
Bonner | Bowman | Bray 84 | Britt | Brooks |
Burton | Byrd | Campbell | Carnahan | Champion |
Cierpiot | Clayton | Cooper | Copenhaver | Crawford |
Crowell | Crump | Cunningham | Curls | Daus |
Davis | Dempsey | Dolan | Enz | Fares |
Farnen | Foley | Fraser | Froelker | Gambaro |
Gaskill | George | Graham | Gratz | Green 15 |
Green 73 | Griesheimer | Hagan-Harrell | Hampton | Hanaway |
Harding | Harlan | Hartzler | Haywood | Henderson |
Hendrickson | Hickey | Hilgemann | Holand | Hollingsworth |
Holt | Hoppe | Hosmer | Jetton | Johnson 61 |
Johnson 90 | Jolly | Jones | Kelley 47 | Kelly 27 |
Kelly 36 | King | Koller | Lawson | Legan |
Liese | Linton | Lowe | Luetkemeyer | Luetkenhaus |
Marble | Marsh | May 149 | Mayer | Mays 50 |
McKenna | Merideth | Miller | Monaco | Moore |
Murphy | Myers | Naeger | Nordwald | O'Connor |
O'Toole | Ostmann | Overschmidt | Paone | Phillips |
Portwood | Purgason | Quinn | Ransdall | Rector |
Reid | Reinhart | Relford | Reynolds | Ridgeway |
Rizzo | Roark | Robirds | Ross | Scheve |
Schwab | Scott | Secrest | Seigfreid | Selby |
Shelton | Shields | Shoemaker | Shoemyer | Skaggs |
Smith | St. Onge | Surface | Thompson | Townley |
Treadway | Troupe | Van Zandt | Villa | Vogel |
Wagner | Walker | Walton | Ward | Whorton |
Willoughby | Wilson 25 | Wilson 42 | Wright | Mr. Speaker |
NOES: 000 | ||||
PRESENT: 000 | ||||
ABSENT WITH LEAVE: 012 | ||||
Boucher | Boykins | Burcham | Franklin | Hegeman |
Hohulin | Hunter | Kelly 144 | Lograsso | Long |
Richardson | Williams | |||
VACANCIES: 001 |
Speaker Pro Tem Abel declared the bill passed.
Speaker Kreider resumed the Chair.
Miss Katie Harman, Miss America 2002, addressed the House.
Speaker Pro Tem Abel resumed the Chair.
ADOPTION AND THIRD READING OF HOUSE CONCURRENT RESOLUTIONS
HCR 24, relating to approval for bonds, was taken up by Representative Kreider.
Representative Hollingsworth moved that HCR 24 be referred to the Committee on Fiscal Review and Government Reform pursuant to Rule 28.
Representative Kreider raised a point of order that the motion is not in order.
The Chair ruled the point of order that HCR 24 be referred to Fiscal Review and Government Reform is not a proper motion.
On motion of Representative Kreider, HCR 24 was read the third time and passed by the following vote:
AYES: 124 | ||||
Abel | Baker | Ballard | Barnett | Barnitz |
Barry 100 | Bartelsmeyer | Bearden | Berkowitz | Berkstresser |
Black | Bland | Boatright | Bonner | Boucher |
Bowman | Bray 84 | Britt | Brooks | Burton |
Carnahan | Champion | Cooper | Copenhaver | Crump |
Cunningham | Curls | Daus | Davis | Dempsey |
Dolan | Fares | Farnen | Foley | Franklin |
Fraser | Froelker | Gambaro | Gaskill | George |
Graham | Gratz | Green 15 | Griesheimer | Hagan-Harrell |
Hampton | Hanaway | Harding | Harlan | Hartzler |
Haywood | Hegeman | Hickey | Hilgemann | Holand |
Holt | Hoppe | Hosmer | Johnson 90 | Jolly |
Jones | Kelly 144 | Kelly 36 | King | Koller |
Lawson | Legan | Liese | Long | Marble |
Marsh | Mayer | Mays 50 | McKenna | Miller |
Monaco | Moore | Murphy | Myers | Nordwald |
O'Connor | O'Toole | Ostmann | Overschmidt | Paone |
Phillips | Purgason | Quinn | Ransdall | Reid |
Reinhart | Relford | Reynolds | Rizzo | Robirds |
Ross | Scheve | Schwab | Scott | Secrest |
Seigfreid | Selby | Shelton | Shields | Shoemyer |
Skaggs | Smith | Surface | Thompson | Townley |
Treadway | Troupe | Villa | Vogel | Wagner |
Walker | Walton | Ward | Whorton | Williams |
Willoughby | Wilson 42 | Wright | Mr. Speaker | |
NOES: 033 | ||||
Bartle | Behnen | Byrd | Campbell | Cierpiot |
Clayton | Crawford | Crowell | Enz | Henderson |
Hendrickson | Hohulin | Hollingsworth | Hunter | Jetton |
Johnson 61 | Kelley 47 | Kelly 27 | Linton | Lograsso |
Lowe | Luetkemeyer | May 149 | Merideth | Naeger |
Portwood | Rector | Ridgeway | Roark | Shoemaker |
St. Onge | Van Zandt | Wilson 25 | ||
PRESENT: 000 | ||||
ABSENT WITH LEAVE: 005 | ||||
Boykins | Burcham | Green 73 | Luetkenhaus | Richardson |
VACANCIES: 001 |
HCR 34, relating to approval of lease, was taken up by Representative Riback Wilson (25).
Representative Riback Wilson (25) offered House Amendment No. 1.
House Amendment No. 1
AMEND House Concurrent Resolution No. 34, as it appears in the House Journal for Thursday, April 11, 2002, Page 1080, in the first "whereas" clause, by deleting the word "owns" and inserting in lieu thereof the word "own".
On motion of Representative Riback Wilson (25), House Amendment No. 1 was adopted.
On motion of Representative Riback Wilson (25), HCR 34, as amended, was read the third time and passed by the following vote:
AYES: 127 | ||||
Abel | Ballard | Barnett | Barnitz | Barry 100 |
Bartelsmeyer | Bartle | Bearden | Behnen | Berkowitz |
Berkstresser | Black | Bland | Boatright | Bonner |
Boucher | Bowman | Bray 84 | Britt | Brooks |
Burton | Campbell | Carnahan | Champion | Cierpiot |
Clayton | Copenhaver | Curls | Daus | Davis |
Dolan | Fares | Farnen | Foley | Franklin |
Fraser | Froelker | Gambaro | Gaskill | George |
Graham | Gratz | Griesheimer | Hagan-Harrell | Hampton |
Harding | Harlan | Hartzler | Haywood | Hegeman |
Hickey | Hilgemann | Holand | Hollingsworth | Holt |
Hoppe | Johnson 61 | Johnson 90 | Jolly | Jones |
Kelley 47 | Kelly 144 | Kelly 36 | King | Koller |
Lawson | Legan | Liese | Long | Lowe |
Luetkemeyer | Marble | Marsh | May 149 | Mayer |
Mays 50 | McKenna | Merideth | Miller | Monaco |
Myers | Nordwald | O'Connor | O'Toole | Ostmann |
Overschmidt | Paone | Portwood | Quinn | Ransdall |
Rector | Reid | Reinhart | Relford | Reynolds |
Richardson | Rizzo | Robirds | Ross | Scheve |
Schwab | Scott | Secrest | Seigfreid | Selby |
Shelton | Shields | Shoemaker | Shoemyer | Skaggs |
Surface | Thompson | Townley | Troupe | Van Zandt |
Villa | Vogel | Wagner | Walker | Walton |
Ward | Whorton | Williams | Willoughby | Wilson 25 |
Wilson 42 | Mr. Speaker | |||
NOES: 030 | ||||
Byrd | Cooper | Crawford | Crowell | Cunningham |
Dempsey | Enz | Green 15 | Green 73 | Hanaway |
Henderson | Hendrickson | Hohulin | Hosmer | Hunter |
Jetton | Kelly 27 | Linton | Luetkenhaus | Moore |
Murphy | Naeger | Phillips | Purgason | Ridgeway |
Roark | Smith | St. Onge | Treadway | Wright |
PRESENT: 000 | ||||
ABSENT WITH LEAVE: 005 | ||||
Baker | Boykins | Burcham | Crump | Lograsso |
VACANCIES: 001 |
Speaker Pro Tem Abel declared the bill passed.
HCR 28, relating to a joint committee on utility regulation and infrastructure investment, was taken up by Representative Willoughby.
Representative Willoughby offered House Amendment No. 1.
House Amendment No. 1
AMEND House Concurrent Resolution No. 28, Page 1, First Resolved Clause, Line 2, by inserting immediately after the word "Joint" the word "Interim".
On motion of Representative Willoughby, House Amendment No. 1 was adopted.
Representative Willoughby offered House Amendment No. 2.
House Amendment No. 2
AMEND House Concurrent Resolution No. 28, Page 1131 of the Journal of the House of Representatives of the Ninety-first General Assembly, Second Regular Session, Line 33 of said page, by inserting after the word "process" the following:
"Whereas, the utility regulatory process must also continue to assure that all consumers continue to receive safe, reliable service at reasonable rates, especially as energy market behavior and other factors beyond Missouri's control exert more influence on the state's citizens"; and
Further amend said resolution, Page 1132 of the Journal of the House of Representatives of the Ninety-first General Assembly, Second Regular Session, Lines 3 to 11 of said page, by deleting all of said lines and inserting in lieu thereof the following:
"Be it further resolved that the committee conduct in-depth studies and make appropriate recommendations concerning: how the utility regulatory process and the results thereof in Missouri in regard to electric, natural gas, water, sewer, and heating utility companies compare to the utility regulatory process and the results thereof in other states; and how the utility regulatory process in Missouri in regard to electric, natural gas, water, sewer, and heating utility companies can, or should, be modernized to be more efficient and effective, ensure sustained investment in utility infrastructure, maintain or improve service safety and reliability, continue to provide reasonably priced utility services, and promote the interests of fairness and balance among all constituencies, including consumers and shareholders of regulated utility companies; and".
On motion of Representative Willoughby, House Amendment No. 2 was adopted.
On motion of Representative Willoughby, HCR 28, as amended, was read the third time and passed by the following vote:
AYES: 147 | ||||
Abel | Baker | Ballard | Barnett | Barnitz |
Barry 100 | Bartelsmeyer | Bartle | Bearden | Behnen |
Berkowitz | Black | Bland | Boatright | Bonner |
Boucher | Bowman | Bray 84 | Britt | Brooks |
Burton | Byrd | Campbell | Carnahan | Champion |
Cierpiot | Clayton | Cooper | Copenhaver | Crawford |
Crowell | Crump | Cunningham | Curls | Daus |
Davis | Dempsey | Dolan | Enz | Fares |
Farnen | Foley | Fraser | Froelker | Gambaro |
Gaskill | George | Graham | Gratz | Green 73 |
Griesheimer | Hagan-Harrell | Hampton | Hanaway | Harding |
Harlan | Hartzler | Hegeman | Henderson | Hilgemann |
Hohulin | Holand | Hollingsworth | Holt | Hoppe |
Hosmer | Hunter | Jetton | Johnson 61 | Johnson 90 |
Jolly | Jones | Kelley 47 | Kelly 144 | Kelly 27 |
Kelly 36 | King | Koller | Lawson | Legan |
Liese | Linton | Lowe | Luetkemeyer | Luetkenhaus |
Marble | Marsh | May 149 | Mayer | Mays 50 |
McKenna | Merideth | Miller | Moore | Myers |
Naeger | Nordwald | O'Connor | O'Toole | Ostmann |
Overschmidt | Paone | Phillips | Portwood | Purgason |
Quinn | Ransdall | Rector | Reid | Reinhart |
Relford | Reynolds | Ridgeway | Rizzo | Robirds |
Ross | Scheve | Schwab | Scott | Secrest |
Seigfreid | Selby | Shelton | Shields | Shoemaker |
Shoemyer | Skaggs | Smith | St. Onge | Surface |
Thompson | Townley | Treadway | Troupe | Van Zandt |
Villa | Vogel | Wagner | Walker | Walton |
Ward | Whorton | Willoughby | Wilson 25 | Wilson 42 |
Wright | Mr. Speaker | |||
NOES: 003 | ||||
Murphy | Richardson | Roark | ||
PRESENT: 001 | ||||
Hendrickson | ||||
ABSENT WITH LEAVE: 011 | ||||
Berkstresser | Boykins | Burcham | Franklin | Green 15 |
Haywood | Hickey | Lograsso | Long | Monaco |
Williams | ||||
VACANCIES: 001 |
Speaker Pro Tem Abel declared the bill passed.
Representative Gambaro assumed the Chair.
HCR 13, relating to TANF reauthorization, was taken up by Representative Bowman.
On motion of Representative Bowman, HCR 13 was read the third time and passed by the following vote:
AYES: 139 | ||||
Abel | Barnett | Barnitz | Barry 100 | Bartle |
Bearden | Berkowitz | Black | Bland | Boatright |
Bonner | Boucher | Bowman | Bray 84 | Britt |
Brooks | Burton | Byrd | Campbell | Carnahan |
Champion | Cierpiot | Clayton | Cooper | Copenhaver |
Crawford | Crowell | Cunningham | Curls | Daus |
Davis | Dempsey | Enz | Fares | Farnen |
Foley | Fraser | Froelker | Gambaro | Gaskill |
George | Gratz | Green 73 | Griesheimer | Hagan-Harrell |
Hanaway | Harding | Harlan | Hartzler | Haywood |
Hegeman | Henderson | Hendrickson | Hickey | Hilgemann |
Holand | Hollingsworth | Holt | Hoppe | Hosmer |
Hunter | Jetton | Johnson 61 | Johnson 90 | Jones |
Kelly 144 | Kelly 27 | Kelly 36 | King | Liese |
Linton | 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 | 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 | Troupe |
Van Zandt | Villa | Vogel | Wagner | Walker |
Walton | Ward | Whorton | Williams | Willoughby |
Wilson 25 | Wilson 42 | Wright | Mr. Speaker | |
NOES: 001 | ||||
Hohulin | ||||
PRESENT: 002 | ||||
Behnen | Purgason | |||
ABSENT WITH LEAVE: 020 | ||||
Baker | Ballard | Bartelsmeyer | Berkstresser | Boykins |
Burcham | Crump | Dolan | Franklin | Graham |
Green 15 | Hampton | Jolly | Kelley 47 | Koller |
Lawson | Legan | Lograsso | Monaco | Moore |
VACANCIES: 001 |
Representative Gambaro declared the bill passed.
Speaker Pro Tem Abel resumed the Chair.
PERFECTION OF HOUSE JOINT RESOLUTION
HJR 28, relating to qualifications of legislators, was taken up by Representative Villa.
Representative Portwood offered House Amendment No. 1.
House Amendment No. 1
AMEND House Joint Resolution No. 28, Page 1, Section 4, Line 2, by inserting after the words "qualified voter" the following: "for two years"; and
Further amend Section 6, Line 2, by inserting after the words "voter of the state" the following: "for three years".
On motion of Representative Portwood, House Amendment No. 1 was adopted.
On motion of Representative Villa, HJR 28, as amended, was ordered perfected and printed.
MOTION
The motion to reconsider the vote by which HB 1869 was third read and defeated was taken up.
The motion was laid over.
PERFECTION OF HOUSE JOINT RESOLUTION
HCS HJR 51, relating to fishing and hunting, was taken up by Representative Whorton.
Representative Crump offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for House Joint Resolution No. 51, Page 1, Section 23(a), Lines 2 to 4, by deleting all of said lines and inserting in lieu thereof the following: "be preserved.".
On motion of Representative Crump, House Amendment No. 1 was adopted.
Representative Purgason offered House Amendment No. 2.
Representative Britt assumed the Chair.
House Amendment No. 2 was withdrawn.
On motion of Representative Whorton, HCS HJR 51, as amended, was adopted.
On motion of Representative Whorton, HCS HJR 51, as amended, was ordered perfected and printed.
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 Pro Tem Abel.
The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Taylor Lueddecke and Patricia Lueddecke.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 1376 - Representative Griesheimer
House Resolution No. 1377 - Representative Portwood
House Resolution No. 1378 - Representative Bray
House Resolution No. 1379 - Representative Kelly (36)
House Resolution No. 1380 - Representatives Bearden and Holt
House Resolution No. 1381 - Representative Bartle
House Resolution No. 1382 - Representative Barry
House Resolution No. 1383
and
House Resolution No. 1384 - Representative Marble
House Resolution No. 1385 - Representative Hunter
House Resolution No. 1386
through
House Resolution No. 1388 - Representative Berkstresser
House Resolution No. 1389 - Representative Wagner
House Resolution No. 1390
through
House Resolution No. 1393 - Representative Luetkemeyer
House Resolution No. 1394
and
House Resolution No. 1395 - Representative Crowell
House Resolution No. 1396
and
House Resolution No. 1397 - Representative Barry, et al
House Resolution No. 1398 - Representative Barry
House Resolution No. 1399 - Representative Thompson
PERFECTION OF HOUSE BILLS
HB 1726, with House Amendment No. 1, pending, relating to bullying in public schools, was taken up by Representative Walton.
Representative Reid offered House Amendment No. 1 to House Amendment No. 1.
House Amendment No. 1
to
House Amendment No. 1
AMEND House Amendment No. 1 to House Bill No. 1726, Page 1, Section 160.730, Line 12, by inserting after the word "urban" the following "or metropolitan"; and
Further amend said amendment and section, Page 2, Line 9, by deleting said line and inserting in its place the following:
"major disciplinary rules which record of the violation becomes part of the student's permanent school district record, other than suspension"; and
Further amend said amendment and section, Page 3, Line 12, by inserting after the word "fund." the following:
"This act is subject to appropriation and shall not take effect unless the general assembly appropriates moneys in advance to fund said section.".
On motion of Representative Reid, House Amendment No. 1 to House Amendment No. 1 was adopted.
On motion of Representative Gambaro, House Amendment No. 1, as amended, was adopted.
Representative Dempsey offered House Amendment No. 2.
House Amendment No. 2
AMEND House Bill No. 1726, Page 6, Section 160.261, Line 170, by inserting after the word "bullying" the following: "and tattling"; and
Further amend said section by inserting on Line 174 after the word "events" the following:
"Tattling shall mean a student informing on another student by written or verbal expression which is intended to get a student in trouble with the teacher".
Representative Dempsey moved that House Amendment No. 2 be adopted.
Which motion was defeated.
Representative Fraser offered House Amendment No. 3.
House Amendment No. 3
AMEND House Bill No. 1726, Page 1, Section 160.261, Lines 2 and 3, by placing an opening bracket on Line 2 "[" between the word "discipline" and the comma that follows it; and placing a closing bracket "]" on Line 3 between the word "applied" and the period that follows it; and
Further amend said section, Line 4, by deleting the comma after the first use of the word "policy" and inserting in lieu thereof the word "and"; and by placing an opening bracket "[" immediately in front of the words ", and corporal" and placing a closing bracket "]" after the word "applicable,"; and
Further amend said section, Line 7, by inserting the following after the word "inspection.":
"No school district shall include any reference to corporal punishment within its discipline policy, and no corporal punishment shall be administered within any school in this state."; and
Further amend said section, Page 4, Line 100, by placing an opening bracket "[" immediately in front of the word "Spanking,"; and
Further amend said section, Page 6, Line 165, by inserting a closing bracket "]" immediately after the number "10."; and
Further amend the title, enacting clause, and intersectional references accordingly.
Representative Relford 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 not well taken.
Representative Riback Wilson (25) 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. 1726, Page 1, Section 160.261, Lines 2 and 3, by placing an opening bracket on Line 2 "[" between the word "discipline" and the comma that follows it; and placing a closing bracket "]" on Line 3 between the word "applied" and the period that follows it; and
Further amend said section, Line 4, by deleting the comma after the first use of the word "policy" and inserting in lieu thereof the word "and"; and by placing an opening bracket "[" immediately in front of the words ", and corporal" and placing a closing bracket "]" after the word "applicable,"; and
Further amend said section, Page 4, Line 100, by placing an opening bracket "[" immediately in front of the word "Spanking,"; and
Further amend said section, Page 6, Line 165, by inserting a closing bracket "]" immediately after the number "10."; and
Further amend the title, enacting clause, and intersectional references accordingly.
Representative Riback Wilson (25) moved that House Substitute Amendment No. 1 for House Amendment No. 3 be adopted.
Which motion was defeated by the following vote:
AYES: 018 | ||||
Baker | Boucher | Bray 84 | Campbell | Dolan |
Fraser | Gambaro | Harding | Harlan | Johnson 90 |
Jolly | Monaco | Moore | Murphy | Paone |
Van Zandt | Williams | Wilson 25 | ||
NOES: 134 | ||||
Abel | Ballard | Barnett | Barnitz | Barry 100 |
Bartelsmeyer | Bartle | Bearden | Behnen | Berkowitz |
Berkstresser | Black | Bland | Boatright | Bonner |
Bowman | Boykins | Britt | Brooks | Burton |
Byrd | Carnahan | Champion | Cierpiot | Clayton |
Cooper | Crawford | Crowell | Crump | Cunningham |
Curls | Daus | Davis | Dempsey | Enz |
Fares | Farnen | Franklin | Froelker | Gaskill |
George | Graham | Gratz | Green 15 | Green 73 |
Griesheimer | Hagan-Harrell | Hampton | Hanaway | Hartzler |
Haywood | Hegeman | Henderson | Hendrickson | Hickey |
Hohulin | Holand | Hollingsworth | Holt | Hoppe |
Hosmer | Hunter | Jetton | Johnson 61 | Jones |
Kelley 47 | Kelly 144 | Kelly 27 | King | Koller |
Legan | Liese | Linton | Long | Lowe |
Luetkemeyer | Luetkenhaus | Marble | Marsh | May 149 |
Mayer | Mays 50 | McKenna | Merideth | Miller |
Myers | Naeger | Nordwald | O'Connor | O'Toole |
Ostmann | Phillips | Portwood | Purgason | Quinn |
Ransdall | Rector | Reid | Reinhart | Relford |
Reynolds | Richardson | Ridgeway | Rizzo | Roark |
Robirds | Ross | Schwab | Scott | Secrest |
Seigfreid | Selby | Shelton | Shields | Shoemaker |
Shoemyer | Skaggs | Smith | St. Onge | Surface |
Thompson | Townley | Treadway | Villa | Vogel |
Wagner | Walker | Walton | Ward | Whorton |
Willoughby | Wilson 42 | Wright | Mr. Speaker | |
PRESENT: 001 | ||||
Copenhaver | ||||
ABSENT WITH LEAVE: 009 | ||||
Burcham | Foley | Hilgemann | Kelly 36 | Lawson |
Lograsso | Overschmidt | Scheve | Troupe | |
VACANCIES: 001 |
Representative Fraser moved that House Amendment No. 3 be adopted.
Which motion was defeated by the following vote:
AYES: 018 | ||||
Boucher | Bray 84 | Campbell | Daus | Dolan |
Fraser | Gambaro | Harding | Harlan | Johnson 90 |
Jolly | Monaco | Moore | Murphy | Paone |
Van Zandt | Williams | Wilson 25 | ||
NOES: 133 | ||||
Abel | Ballard | Barnett | Barnitz | Bartelsmeyer |
Bartle | Bearden | Behnen | Berkowitz | Berkstresser |
Black | Bland | Boatright | Bonner | Bowman |
Boykins | Britt | Brooks | Burton | Byrd |
Carnahan | Champion | Cierpiot | Clayton | Cooper |
Copenhaver | Crawford | Crowell | Crump | Cunningham |
Curls | Davis | Dempsey | Enz | Fares |
Farnen | Foley | Franklin | Froelker | Gaskill |
George | Graham | Gratz | Green 15 | Green 73 |
Griesheimer | Hagan-Harrell | Hampton | Hanaway | Hartzler |
Haywood | Hegeman | Henderson | Hendrickson | Hickey |
Hohulin | Holand | Hollingsworth | Holt | Hoppe |
Hosmer | Hunter | Jetton | Johnson 61 | Jones |
Kelley 47 | Kelly 144 | Kelly 27 | King | Koller |
Legan | Liese | Linton | Long | Lowe |
Luetkemeyer | Luetkenhaus | Marble | Marsh | May 149 |
Mayer | Mays 50 | McKenna | Merideth | Miller |
Myers | Naeger | Nordwald | O'Connor | O'Toole |
Ostmann | Phillips | Portwood | Purgason | Quinn |
Ransdall | Rector | Reid | Reinhart | Relford |
Reynolds | Richardson | Ridgeway | Rizzo | Roark |
Robirds | Ross | Schwab | Scott | Secrest |
Seigfreid | Selby | Shelton | Shields | Shoemaker |
Shoemyer | Skaggs | Smith | St. Onge | Surface |
Thompson | Townley | Treadway | Villa | Vogel |
Walker | Walton | Ward | Whorton | Willoughby |
Wilson 42 | Wright | Mr. Speaker | ||
PRESENT: 000 | ||||
ABSENT WITH LEAVE: 011 | ||||
Baker | Barry 100 | Burcham | Hilgemann | Kelly 36 |
Lawson | Lograsso | Overschmidt | Scheve | Troupe |
Wagner | ||||
VACANCIES: 001 |
Representative Sanders Brooks offered House Amendment No. 4.
House Amendment No. 4
AMEND House Bill No. 1726, Page 6, Section 160.261, Line 178, by inserting after all of said line the following:
"Section 1. 1. No employee of any public school or charter school within this state shall perform a strip search, as that term is defined in section 544.193, RSMo, of any student of any such school. For the purposes of this section, the term "employee" shall include all temporary and part-time employees of such public schools and charter schools.
2. Any employee of a public school or charter school who violates the provisions of this section shall be immediately suspended without pay, pending an evidentiary hearing when such employee is entitled by statute or contract to such hearing."; and
Further amend said title, enacting clause and intersectional references accordingly.
Representative Gambaro raised a point of order that House Amendment No. 4 goes beyond the scope of the bill.
The Chair ruled the point of order not well taken.
On motion of Representative Sanders Brooks, House Amendment No. 4 was adopted.
Representative Merideth offered House Amendment No. 5.
House Amendment No. 5
AMEND House Bill No. 1726, Page 2, Section 160.261, Line 46 of said page, by placing brackets around the word "or" as follows: "[or]"; and
Further amend said bill, Page 2, Section 160.261, Line 47 of said page, by adding at the end of the line the following:
"or
(24) Making a terroristic threat, pursuant to section 574.115, RSMo;"; and
Further amend said bill, Page 4, Section 160.261, Line 99 of said page, by adding after the word "enroll." the following:
"The discipline policy may address the issue of notification of students and parents of students concerning credible threats to commit any of the acts enumerated in subsection 2 of this section. School districts may release to students and parents of students a description of the actions taken to address the threat, pending final resolution of the situation by disciplinary or judicial action, as long as the release of such information is consistent with any federal law that may be applicable, including the Family Education and Privacy Rights Act and the Individuals with Disabilities Act.".
Representative Clayton assumed the Chair.
On motion of Representative Merideth, House Amendment No. 5 was adopted.
Representative Mayer offered House Amendment No. 6.
House Amendment No. 6
AMEND House Bill No. 1726, Page 6, Section 160.261, Line 178, by inserting after all of said line the following:
"167.161. 1. The school board of any district, after notice to parents or others having custodial care and a hearing upon charges preferred, may suspend or expel a pupil for conduct which is prejudicial to good order and discipline in the schools or which tends to impair the morale or good conduct of the pupils. In addition to the authority granted in section 167.171, a school board may authorize, by general rule, the immediate removal of a pupil upon a finding by the principal, superintendent, or school board that the pupil poses a threat of harm to such pupil or others, as evidenced by the prior conduct of such pupil. Prior disciplinary actions shall not be used as the sole basis for removal, suspension or expulsion of a pupil. Removal of any pupil who is a student with a disability is subject to state and federal procedural rights. At the hearing upon any such removal, suspension or expulsion, the board shall consider the evidence and statements that the parties present and may consider records of past disciplinary actions, criminal court records or juvenile court records consistent with other provisions of the law, or the actions of the pupil which would constitute a criminal offense. The board may provide by general rule not inconsistent with this section for the procedure and conduct of such hearings. After meeting with the superintendent or his designee to discuss the expulsion, the parent, custodian or the student, if at least eighteen years of age, may, in writing, waive any right to a hearing before the board of education.
2. The school board of any district, after notice to parents or others having custodial care and a hearing upon the matter, may suspend a pupil upon a finding that [the pupil has been charged, convicted or pled guilty in a court of general jurisdiction for the commission of a]:
(1) Such pupil has been convicted of a felony criminal violation of state or federal law; or
(2) An indictment or information has been filed alleging that the pupil has committed a felony criminal violation of state or federal law to which there has been no final judgment; or
(3) A petition has been filed pursuant to section 211.091, RSMo, alleging that the pupil has committed an act which if committed by an adult would be a felony criminal violation of state or federal law to which there has been no final judgment; or
(4) The pupil has been adjudicated to have committed an act which if committed by an adult would be a felony criminal violation of state or federal law. At a hearing required by this subsection, the board shall consider statements that the parties present. The board may provide for the procedure and conduct of such hearings.
3. The school board shall make a good-faith effort to have the parents or others having custodial care present at any such hearing. Notwithstanding any other provision of law to the contrary, student discipline hearings or proceedings related to the rights of students to attend school or to receive academic credit shall not be required to comply with the requirements applicable to contested case hearings as provided in chapter 536, RSMo, provided that appropriate due process procedures shall be observed which shall include the right for a trial de novo by the circuit court."; and
Further amend said title, enacting clause and intersectional references accordingly.
On motion of Representative Mayer, House Amendment No. 6 was adopted.
Representative Gaskill offered House Amendment No. 7.
House Amendment No. 7
AMEND House Bill No. 1726, Page 6, Section 160.261, Line 178, by adding after all of said line:
"12. School districts shall consider the inclusion of character education as part of an age-appropriate curriculum if the district board determines that character education would have a positive effect on a discipline in any or all of its schools. The department of elementary and secondary education shall provide technical assistance to school districts seeking grant funds to implement a character education program."; and
Further amend the title, enacting clause, and intersectional references accordingly.
On motion of Representative Gaskill, House Amendment No. 7 was adopted.
On motion of Representative Walton, HB 1726, as amended, was ordered perfected and printed.
HCS HB 1717, relating to certificate of need, was taken up by Representative Foley.
Speaker Pro Tem Abel resumed the Chair.
Representative Britt offered House Amendment No. 1.
Representative Foley 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 Richardson appealed the ruling of the Chair.
The ruling of the Chair was sustained by the following vote:
AYES: 091 | ||||
Abel | Baker | Barnitz | Barry 100 | Bearden |
Berkowitz | Berkstresser | Bland | Bonner | Boucher |
Bowman | Boykins | Bray 84 | Britt | Brooks |
Campbell | Carnahan | Clayton | Cooper | Copenhaver |
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 | Hickey | Hilgemann |
Hollingsworth | Holt | Hoppe | Hosmer | Johnson 90 |
Jolly | Jones | Kelly 27 | Koller | Lawson |
Liese | Lowe | Luetkenhaus | Marsh | Mays 50 |
McKenna | Merideth | Monaco | O'Connor | O'Toole |
Ostmann | Paone | Ransdall | Reid | Relford |
Reynolds | Rizzo | Scheve | Seigfreid | Selby |
Shelton | Shoemyer | Skaggs | Smith | Thompson |
Treadway | Van Zandt | Villa | Walker | Walton |
Whorton | Williams | Willoughby | Wilson 25 | Wilson 42 |
Mr. Speaker | ||||
NOES: 063 | ||||
Ballard | Barnett | Bartelsmeyer | Bartle | Behnen |
Black | Boatright | Byrd | Champion | Cierpiot |
Crawford | Crowell | Cunningham | Enz | Froelker |
Gaskill | Griesheimer | Hanaway | Hegeman | Henderson |
Hendrickson | Hohulin | Holand | Hunter | Jetton |
Kelley 47 | Kelly 144 | King | Legan | Linton |
Lograsso | Long | Luetkemeyer | Marble | May 149 |
Mayer | Miller | Moore | Murphy | Myers |
Naeger | Nordwald | Phillips | Portwood | Purgason |
Quinn | Rector | Reinhart | Richardson | Ridgeway |
Roark | Robirds | Ross | Schwab | Scott |
Secrest | Shields | Shoemaker | St. Onge | Surface |
Townley | Vogel | Wright | ||
PRESENT: 002 | ||||
Burton | Johnson 61 | |||
ABSENT WITH LEAVE: 006 | ||||
Burcham | Kelly 36 | Overschmidt | Troupe | Wagner |
Ward | ||||
VACANCIES: 001 |
Representative Seigfreid offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for House Bill No. 1717, Page 4, Section 197.310, Lines 25 and 26, by deleting said lines and replacing with the following:
"8. No member of the Missouri health facilities review committee may accept a political donation from any applicant who applies for a certificate of need or review certification for a period of one year after the granting of the certificate of need or review certification or six months prior to requesting a certificate of need or review certification. If a member accepts a donation six months prior to the request for a certificate of need or review certification, it must be returned within ten business days of the filing request made by the applicant.".
On motion of Representative Seigfreid, House Amendment No. 1 was adopted.
Representative Monaco offered House Amendment No. 2.
House Amendment No. 2
AMEND House Committee Substitute for House Bill No. 1717, Page 15, Section 197.390, Line 10, by adding immediately following said line the following:
"(3) The development or offering of a new institutional acute care service or first-time service to be located in a metropolitan statistical area within fifty miles of a contiguous state that does not have certificate of need laws that regulate the service."
Representative Ridgeway offered House Substitute Amendment No. 1 for House Amendment No. 2.
House Substitute Amendment No. 1
for
House Amendment No. 2
AMEND House Committee Substitute for House Bill No. 1717, Page 15, Section 197.390, Line 10, by inserting immediately following said line the following:
"(3) The development or offering of a new institutional acute care service or first-time service to be located in a county with a charter form of government and with more than six hundred thousand but less than seven hundred thousand inhabitants, a county of the first classification without a charter form of government and with more than one hundred eighty-four thousand but less than one hundred eighty-eight thousand inhabitants, or a county of the first classification with more than seventy-three thousand seven hundred but less than seventy-three thousand eight hundred inhabitants"; and
Further amend said title, enacting clause and intersectional references accordingly.
Representative Ridgeway moved that House Substitute Amendment No. 1 for House Amendment No. 2 be adopted.
Which motion was defeated by the following vote:
AYES: 030 | ||||
Bartelsmeyer | Bartle | Boucher | Campbell | Cierpiot |
Crowell | Enz | Hohulin | Holand | Jetton |
Kelley 47 | Kelly 144 | King | Linton | Luetkemeyer |
Mayer | Monaco | Moore | Myers | Nordwald |
Phillips | Rector | Reinhart | Richardson | Ridgeway |
Roark | Schwab | Shoemaker | Townley | Wright |
NOES: 117 | ||||
Abel | Baker | Barnett | Barnitz | Barry 100 |
Bearden | Behnen | Berkowitz | Berkstresser | Black |
Bland | Boatright | Bonner | Bowman | Boykins |
Britt | Brooks | Burton | Byrd | Carnahan |
Champion | Clayton | Cooper | Copenhaver | Crawford |
Crump | Cunningham | Curls | Daus | Davis |
Dempsey | Dolan | Fares | Farnen | Foley |
Franklin | Fraser | Froelker | Gambaro | Gaskill |
George | Graham | Gratz | Green 15 | Green 73 |
Hagan-Harrell | Hampton | Hanaway | Harding | Hartzler |
Haywood | Hegeman | Henderson | Hendrickson | Hickey |
Hilgemann | Hollingsworth | Holt | Hoppe | Hosmer |
Hunter | Johnson 61 | Johnson 90 | Jolly | Jones |
Kelly 27 | Koller | Lawson | Legan | Liese |
Lowe | Luetkenhaus | Marble | Marsh | May 149 |
Mays 50 | McKenna | Merideth | Miller | Murphy |
Naeger | O'Connor | O'Toole | Ostmann | Paone |
Portwood | Quinn | Ransdall | Relford | Reynolds |
Rizzo | Robirds | Ross | Scheve | Scott |
Secrest | Seigfreid | Selby | Shelton | Shields |
Shoemyer | Skaggs | Smith | St. Onge | Surface |
Thompson | Treadway | Villa | Vogel | Walker |
Walton | Whorton | Williams | Willoughby | Wilson 25 |
Wilson 42 | Mr. Speaker | |||
PRESENT: 000 | ||||
ABSENT WITH LEAVE: 015 | ||||
Ballard | Bray 84 | Burcham | Griesheimer | Harlan |
Kelly 36 | Lograsso | Long | Overschmidt | Purgason |
Reid | Troupe | Van Zandt | Wagner | Ward |
VACANCIES: 001 |
House Amendment No. 2 was withdrawn.
Representative Holand offered House Amendment No. 3.
House Amendment No. 3
AMEND House Committee Substitute for House Bill No. 1717, Page 12, Section 197.378, Line 16, by deleting the words "or an additional piece of equipment"; and
Further amend said bill, Page 13, Section 197.384, Line 17, by deleting the words "or an additional piece of equipment".
Representative Holand moved that House Amendment No. 3 be adopted.
Which motion was defeated by the following vote:
AYES: 044 | ||||
Bartelsmeyer | Bartle | Black | Boatright | Byrd |
Campbell | Cierpiot | Crowell | Cunningham | Enz |
Froelker | Gaskill | Henderson | Hendrickson | Hohulin |
Holand | Jetton | Kelly 144 | King | Legan |
Linton | Long | Luetkemeyer | May 149 | Mayer |
Merideth | Miller | Monaco | Moore | Myers |
Naeger | Nordwald | Phillips | Reinhart | Richardson |
Ridgeway | Roark | Schwab | Scott | Shields |
Shoemaker | Townley | Whorton | Wright | |
NOES: 104 | ||||
Abel | Baker | Barnett | Barnitz | Barry 100 |
Bearden | Behnen | Berkowitz | Berkstresser | Bland |
Bonner | Boucher | Bowman | Bray 84 | Britt |
Brooks | Burton | Carnahan | Champion | Clayton |
Cooper | Copenhaver | Crawford | Crump | Curls |
Daus | Davis | Dempsey | Dolan | Fares |
Farnen | Foley | Fraser | Gambaro | George |
Graham | Gratz | Green 15 | Green 73 | Hagan-Harrell |
Hampton | Hanaway | Harding | Hartzler | Haywood |
Hegeman | Hilgemann | Hollingsworth | Holt | Hoppe |
Hosmer | Hunter | Johnson 61 | Johnson 90 | Jolly |
Jones | Kelley 47 | Kelly 27 | Koller | Lawson |
Liese | Lowe | Luetkenhaus | Marble | Marsh |
Mays 50 | McKenna | Murphy | O'Connor | O'Toole |
Ostmann | Paone | Portwood | Purgason | Quinn |
Ransdall | Rector | Reid | Relford | Reynolds |
Rizzo | Robirds | Ross | Secrest | Seigfreid |
Selby | Shelton | Shoemyer | Skaggs | Smith |
St. Onge | Surface | Thompson | Treadway | Villa |
Vogel | Walker | Walton | Ward | Williams |
Willoughby | Wilson 25 | Wilson 42 | Mr. Speaker | |
PRESENT: 000 | ||||
ABSENT WITH LEAVE: 014 | ||||
Ballard | Boykins | Burcham | Franklin | Griesheimer |
Harlan | Hickey | Kelly 36 | Lograsso | Overschmidt |
Scheve | Troupe | Van Zandt | Wagner | |
VACANCIES: 001 |
Representative Jetton offered House Amendment No. 4.
House Amendment No. 4
AMEND House Committee Substitute for House Bill No. 1717, Page 10, Section 197.375, Line 113, by adding immediately following said line the following:
"(19) "Review threshold", three million dollars, except that beginning January 1, 2004, the review threshold shall be increased or decreased on an annual basis effective January first of each year in accordance with the Implicit Price Deflator for Personal Consumption Expenditures as published by the Bureau of Economic Analysis of the United State Department of Commerce. The revised threshold shall be calculated by the committee, which shall furnish that revised threshold to the secretary of state, who shall publish such revised threshold in the Missouri Register by March first of each year."; and
Further amend said bill, Page 15, Section 197.390, Line 10, by deleting the period on said line and inserting in lieu thereof the following:
"; (3) The development of any new institutional acute care services or first-time services costing less than the review threshold, except that any person who wishes to develop a new institutional acute care service or first-time service costing less than the review threshold shall notify the committee in writing advising the committee of the nature of the proposed service.".
Representative Richardson offered House Substitute Amendment No. 1 for House Amendment No. 4.
House Substitute Amendment No. 1
for
House Amendment No. 4
AMEND House Committee Substitute for House Bill No. 1717, Page 10, Section 197.375, Line 113, by adding immediately following said line the following:
"(19) "Review threshold", two million dollars, except that beginning January 1, 2004, the review threshold shall be increased or decreased on an annual basis effective January first of each year in accordance with the Implicit Price Deflator for Personal Consumption Expenditures as published by the Bureau of Economic Analysis of the United State Department of Commerce. The revised threshold shall be calculated by the committee, which shall furnish that revised threshold to the secretary of state, who shall publish such revised threshold in the Missouri Register by March first of each year."; and
Further amend said bill, Page 15, Section 197.390, Line 10, by deleting the period on said line and by inserting in lieu thereof the following:
"; (3) The development of any new institutional acute care services or first-time services costing less than the review threshold, except that any person who wishes to develop a new institutional acute care service or first-time service costing less than the review threshold shall notify the committee in writing advising the committee of the nature of the proposed service.".
Representative Richardson moved that House Substitute Amendment No. 1 for House Amendment No. 4 be adopted.
Which motion was defeated by the following vote:
AYES: 037 | ||||
Ballard | Bartelsmeyer | Bartle | Black | Cierpiot |
Crowell | Cunningham | Enz | Froelker | Gaskill |
Hohulin | Jetton | Kelly 144 | King | Legan |
Liese | Linton | Lograsso | Marble | Mayer |
Miller | Moore | Myers | Naeger | Nordwald |
Phillips | Purgason | Reinhart | Richardson | Ridgeway |
Roark | Schwab | Scott | Shoemaker | Smith |
Townley | Wright | |||
NOES: 105 | ||||
Abel | Baker | Barnitz | Barry 100 | Bearden |
Behnen | Berkowitz | Berkstresser | Bland | Boatright |
Bonner | Boucher | Bowman | Boykins | Bray 84 |
Britt | Brooks | Burton | Byrd | 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 | Hanaway |
Harding | Hartzler | Haywood | Hegeman | Henderson |
Hendrickson | Hilgemann | Holand | Hollingsworth | Holt |
Hoppe | Hunter | Johnson 61 | Johnson 90 | Jolly |
Jones | Kelley 47 | Kelly 27 | Lawson | Luetkemeyer |
Luetkenhaus | Marsh | May 149 | Mays 50 | McKenna |
Merideth | Murphy | O'Toole | Ostmann | Paone |
Portwood | Quinn | Ransdall | Rector | Reid |
Relford | Reynolds | Rizzo | Robirds | Secrest |
Seigfreid | Selby | Shields | Shoemyer | Skaggs |
St. Onge | Surface | Thompson | Treadway | Troupe |
Villa | Vogel | Wagner | Walker | Walton |
Whorton | Willoughby | Wilson 25 | Wilson 42 | Mr. Speaker |
PRESENT: 001 | ||||
Shelton | ||||
ABSENT WITH LEAVE: 019 | ||||
Barnett | Burcham | Campbell | Griesheimer | Harlan |
Hickey | Hosmer | Kelly 36 | Koller | Long |
Lowe | Monaco | O'Connor | Overschmidt | Ross |
Scheve | Van Zandt | Ward | Williams | |
VACANCIES: 001 |
Representative Jetton moved that House Amendment No. 4 be adopted.
Which motion was defeated.
On motion of Representative Foley, HCS HB 1717, as amended, was adopted.
On motion of Representative Foley, HCS HB 1717, as amended, was ordered perfected and printed.
Speaker Kreider resumed the Chair.
MOTION
The motion to reconsider the vote by which HB 1869 was third read and defeated was again taken up.
The motion to reconsider was adopted by the following vote:
AYES: 105 | ||||
Abel | Ballard | Barnett | Barry 100 | Bartelsmeyer |
Bartle | Bearden | Behnen | Berkowitz | Berkstresser |
Black | Boatright | Bonner | Boucher | Burton |
Byrd | Carnahan | Champion | Cierpiot | Clayton |
Cooper | Crawford | Crowell | Crump | Cunningham |
Davis | Dempsey | Dolan | Enz | Fares |
Foley | Franklin | Fraser | Froelker | Gambaro |
Gaskill | George | Graham | Gratz | Green 15 |
Hagan-Harrell | Hanaway | Harding | Hartzler | Hegeman |
Henderson | Hendrickson | Hohulin | Holt | Hoppe |
Hunter | Jetton | Johnson 90 | Jolly | Kelly 144 |
Kelly 27 | King | Liese | Linton | Lograsso |
Luetkemeyer | Luetkenhaus | Marble | May 149 | Mayer |
McKenna | Miller | Monaco | Moore | Myers |
Naeger | O'Connor | Ostmann | Phillips | Portwood |
Purgason | Quinn | Ransdall | Rector | Reid |
Reinhart | Reynolds | Ridgeway | Rizzo | Roark |
Robirds | Scheve | Scott | Secrest | Seigfreid |
Selby | Shields | Shoemaker | Shoemyer | Skaggs |
St. Onge | Townley | Treadway | Wagner | Ward |
Whorton | Willoughby | Wilson 25 | Wright | Mr. Speaker |
NOES: 045 | ||||
Baker | Barnitz | Bland | Bowman | Boykins |
Bray 84 | Brooks | Campbell | Copenhaver | Curls |
Daus | Farnen | Green 73 | Hampton | Haywood |
Hickey | Hilgemann | Holand | Hollingsworth | Hosmer |
Johnson 61 | Jones | Kelley 47 | Legan | Lowe |
Marsh | Mays 50 | Merideth | Murphy | Nordwald |
O'Toole | Paone | Relford | Richardson | Schwab |
Shelton | Smith | Surface | Thompson | Troupe |
Villa | Vogel | Walton | Williams | Wilson 42 |
PRESENT: 000 | ||||
ABSENT WITH LEAVE: 012 | ||||
Britt | Burcham | Griesheimer | Harlan | Kelly 36 |
Koller | Lawson | Long | Overschmidt | Ross |
Van Zandt | Walker | |||
VACANCIES: 001 | ||||
HB 1869, relating to peace officer residency requirements, was taken up by Representative Barry.
On motion of Representative Barry, HB 1869 was read the third time and passed by the following vote:
AYES: 090 | ||||
Ballard | Barnett | Barry 100 | Bartelsmeyer | Bartle |
Bearden | Berkowitz | Berkstresser | Black | Boatright |
Bonner | Boucher | Burton | Byrd | Champion |
Cierpiot | Clayton | Cooper | Crawford | Crowell |
Crump | Cunningham | Dempsey | Dolan | Enz |
Fares | Fraser | Froelker | Gambaro | Gaskill |
Gratz | Hagan-Harrell | Hanaway | Harding | Hartzler |
Hegeman | Henderson | Hendrickson | Hohulin | Holt |
Hunter | Jetton | Johnson 90 | Kelley 47 | Kelly 144 |
Kelly 27 | Lawson | Liese | Linton | Lograsso |
Long | Luetkemeyer | Luetkenhaus | Marble | May 149 |
Mayer | McKenna | Miller | Monaco | Moore |
Myers | Naeger | Nordwald | O'Connor | Ostmann |
Phillips | Portwood | Purgason | Rector | Reid |
Reinhart | Reynolds | Ridgeway | Roark | Scott |
Secrest | Seigfreid | Selby | Shields | Shoemaker |
Shoemyer | Skaggs | St. Onge | Townley | Treadway |
Wagner | Ward | Whorton | Wright | Mr. Speaker |
NOES: 061 | ||||
Baker | Barnitz | Behnen | Bland | Bowman |
Boykins | Bray 84 | Brooks | Campbell | Carnahan |
Copenhaver | Curls | Daus | Davis | Farnen |
Franklin | George | Green 15 | Green 73 | Hampton |
Haywood | Hickey | Hilgemann | Holand | Hollingsworth |
Hoppe | Hosmer | Johnson 61 | Jolly | Jones |
King | Legan | Lowe | Marsh | Mays 50 |
Merideth | Murphy | O'Toole | Paone | Quinn |
Ransdall | Relford | Richardson | Rizzo | Robirds |
Scheve | Schwab | Shelton | Smith | Surface |
Thompson | Troupe | Van Zandt | Villa | Vogel |
Walker | Walton | Williams | Willoughby | Wilson 25 |
Wilson 42 | ||||
PRESENT: 003 | ||||
Abel | Foley | Graham | ||
ABSENT WITH LEAVE: 008 | ||||
Britt | Burcham | Griesheimer | Harlan | Kelly 36 |
Koller | Overschmidt | Ross | ||
VACANCIES: 001 |
Speaker Kreider declared the bill passed.
REFERRAL OF HOUSE RESOLUTION
The following House Resolution was referred to the Committee indicated:
HR 689 - Miscellaneous Bills & Resolutions
REFERRAL OF HOUSE CONCURRENT RESOLUTION
The following House Concurrent Resolution was referred to the Committee indicated:
HCR 37 - Miscellaneous Bills & Resolutions
REFERRAL OF HOUSE BILL
The following House Bill was referred to the Committee indicated:
HB 1460 - Fiscal Review and Government Reform (Fiscal Note)
REFERRAL OF SENATE BILL
The following Senate Bill was referred to the Committee indicated:
SCS SB 884 - Banks and Financial Institutions
COMMITTEE REPORTS
Committee on Agriculture, Chairman Berkowitz reporting:
Mr. Speaker: Your Committee on Agriculture, to which was referred HB 2097, begs leave to report it has examined the same and recommends that it Do Pass.
Committee on Children, Families and Health, Chairman Barry reporting:
Mr. Speaker: Your Committee on Children, Families and Health, to which was referred HB 1231, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Committee on Education-Elementary and Secondary, Chairman Franklin reporting:
Mr. Speaker: Your Committee on Education-Elementary and Secondary, to which was referred HB 1916, begs leave to report it has examined the same and recommends that it Do Pass.
Committee on Labor, Chairman George reporting:
Mr. Speaker: Your Committee on Labor, to which was referred HB 1318, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
INTRODUCTION OF HOUSE BILL - APPROPRIATIONS
The following House Bill was read the first time and copies ordered printed:
HB 1121, introduced by Representative Green (73), to appropriate money for expenses, grants, refunds, distributions and other purposes for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, from the funds designated herein.
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 SBs 958 & 657, entitled:
An act to amend chapter 1, RSMo, by adding thereto four new sections relating to the prohibition of interference with the free exercise of religion and the rights of the second amendment of the United States Constitution and article I, section 23 of the Missouri Constitution.
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 1005, entitled:
An act to repeal sections 288.040 and 288.050, RSMo, relating to employment security, and to enact in lieu thereof two 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, April 18, 2002.
CORRECTIONS TO THE HOUSE JOURNAL
Correct House Journal, Fifty-third Day, Tuesday, April 16, 2002, pages 1120 and 1121, roll call, by showing Representatives Behnen, Champion, Crowell, Enz, Hosmer, King and Wilson (42) voting "aye" rather than "absent with leave".
Pages 1124 and 1125, roll call, by showing Representatives Bartle and Wright voting "no" rather than "absent with leave".
Pages 1125 and 1126, roll call, by showing Representatives Bartle and Wright voting "no" rather than "absent with leave".
COMMITTEE MEETINGS
CHILDREN, FAMILIES, AND HEALTH
Thursday, April 18, 2002, 8:15 a.m. Hearing Room 6.
Executive Session to be held on: HB 1133, HB 1303, HB 1947, HB 1975, HB 2086
COMMERCE AND ECONOMIC DEVELOPMENT
Thursday, April 18, 2002. Side gallery upon adjournment.
Executive Session.
EDUCATION - ELEMENTARY AND SECONDARY
Thursday, April 18, 2002, 8:30 a.m. Hearing Room 3.
Public Hearing to be held on: SB 718, SB 722, SB 756, SB 860
ELECTIONS
Thursday, April 18, 2002, 8:30 a.m. Hearing Room 5.
Public Hearing to be held on: SB 675
ENVIRONMENT AND ENERGY
Thursday, April 18, 2002, 8:30 a.m. Hearing Room 7.
Executive Session.
Public Hearing to be held on: SB 821
FISCAL REVIEW AND GOVERNMENT REFORM
Thursday, April 18, 2002, 8:30 a.m. Hearing Room 1.
Fiscal Review.
Executive Session to be held on: HB 1654
JOINT COMMITTEE ON ADMINISTRATIVE RULES
Thursday, April 18, 2002. Senate Lounge upon noon adjournment.
Rule Number 19 CSR 30-82.010,.020,.070 30-83.010. AMENDED.
JOINT COMMITTEE ON CAPITAL IMPROVEMENTS AND LEASES OVERSIGHT
Wednesday, April 24, 2002, 8:30 a.m. Hearing Room 5.
U.S. Custom House & Post Office Building in St. Louis.
Master Plan for development of JCCC prison site.
JOINT COMMITTEE ON PUBLIC EMPLOYEE RETIREMENT
Tuesday, April 30, 2002, 1:00 p.m. Hearing Room 3.
Fire Protection District Special Review.
LABOR
Thursday, April 18, 2002, 9:30 a.m. Side gallery.
Executive Session to be held on: HB 2173
TRANSPORTATION
Monday, April 22, 2002, 1:00 p.m. Hearing Room 6.
Executive Session.
HOUSE CALENDAR
FIFTY-FIFTH DAY, THURSDAY, APRIL 18, 2002
HOUSE BILL FOR SECOND READING - APPROPRIATIONS
HB 1121
HOUSE JOINT RESOLUTION FOR PERFECTION
HCS HJR 47 - Willoughby
HOUSE BILLS FOR PERFECTION
1 HCS HB 1729, 1589 & 1435 - Barnitz
2 HCS HB 1577, 1760, 1433, 1430, 1029 & 1700 - Campbell
3 HCS HB 1695 - Selby
4 HB 1090 - Reynolds
5 HB 1508 - Koller
6 HCS HB 1936 - Berkowitz
7 HB 1350 - Liese
8 HCS HB 1656 - Wright
9 HCS HB 1216 - Johnson (61)
10 HB 1627 - Kreider
11 HCS HB 1886 - Rizzo
12 HB 1307 - Williams
13 HB 1988 - Kelly (144)
14 HCS HB 1868 - Barry
15 HB 2160 - Britt
16 HCS HB 1650 - Hoppe
17 HB 1916 - Franklin
18 HCS HB 1231 - Harding
19 HB 2097 - Copenhaver
20 HCS HB 1318 - George
HOUSE BILLS FOR PERFECTION - INFORMAL
1 HB 1594, as amended - Gratz
2 HCS HB 1069 - Bray
3 HCS HB 1479 - Ladd Baker
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. - Williams
3 HS HCS HB 1654 & 1156, (Fiscal Review 4-15-02) - Hosmer
4 HS HCS HB 1756 - Reid
5 HB 1058 - Haywood
6 HS HCS HB 1502 & 1821 - Luetkenhaus
7 HB 1460, (Fiscal Review 4-17-02) - Hilgemann
8 HCS HB 1509 & 1510 - Curls
9 HCS HB 1888 - Barnitz
10 HS HCS HB 1962 - Monaco
11 HS HCS HB 1527 - Graham
12 HCS HB 1143 - Rizzo
13 HCS HB 1809 - Sanders Brooks
HOUSE BILLS FOR THIRD READING - CONSENT - INFORMAL
1 HB 1872 - Hosmer
2 HB 2155 - Willoughby
SENATE BILLS FOR SECOND READING
1 SCS SB 958 & 657
2 SB 1005
SENATE BILLS FOR THIRD READING - CONSENT
(April 15, 2002)
SCS SB 988 - Hartzler
(April 16, 2002)
1 HCS SCS SB 645 - Relford
2 HCS SB 992 - Rizzo
3 SB 1124 - Gambaro
4 SCS SB 804 - Sanders Brooks
5 SB 639 - Williams
6 HCS SCS SB 776 - Harlan
7 HCS SCS SB 1113 - Farnen
8 SCS SB 997 - Willoughby
9 HCS SB 1012 - Lawson
10 HCS SB 795 - Treadway
11 HCS SCS SB 1086 & 1126 - Hoppe
12 HCS SB 786 - Campbell
13 SCS SB 1132 - Daus
14 HCS SB 1244 - Barry
15 HCS SB 961 - Curls
16 SB 708 - Lawson
17 SB 701 - Lowe
18 SB 742 - Monaco
19 HCS SB 749 - Monaco
20 HCS SB 1213 - Hosmer
21 HCS SCS SB 1210 - Lawson
22 SB 1247 - Willoughby
23 SB 1001 - Crump
24 HCS SB 1078 - Hoppe
25 SB 941 - Mays (50)
26 HCS SB 695 - Barry
27 HCS SB 962 - Jolly
28 HCS SB 1119 - Kelly (27)
29 SB 1217 - Boykins
30 SCS SB 967 - Hagan-Harrell
31 SB 1243 - Kelly (27)
32 HCS SCS SB 1212 - Ransdall
33 SB 1041, HCAs 1, 2 & 3 - Gratz
34 SB 1168, HCA 1 - Gratz
35 SB 974 - Koller
36 HCS SB 1251 - Monaco
37 SCS SB 1163 - Ransdall
38 SB 720 - Hoppe
39 HCS SB 714 - Barry
40 SCS SB 729 - Luetkenhaus
41 SB 891 - Rizzo
42 HCS SB 932 - Smith
43 SCS SB 1015 - Relford
44 SCS SB 1071 - Lawson
45 HCS SB 1094 - Green (73)
46 SB 1048 - Reinhart
47 SB 1028 - Luetkemeyer
48 SB 812 - Holand
49 SB 726 - Gaskill
50 SB 865 - Myers
51 SCS SB 918 - Linton
52 HCS SB 1102 - Hosmer
53 SB 1109 - Portwood
54 HCS SCS SB 947 - Farnen
55 SCS SB 1207 - Holand
56 SCS SB 1151 - Myers
57 HCS SCS SB 980 - Hunter
58 SCS SB 874 - Franklin
59 HCS SB 1186 - Hoppe
60 SCS SB 1182 - Barry
61 HCS SCS SB 1202, E.C. - Koller
62 HCS SB 758 - Hosmer
63 SCS SB 1024 - Holand
64 SB 976 - Portwood
65 SS SCS SB 959, E.C. - Rizzo
66 SB 644 - Davis
67 SCS SB 1241, 1253 & 1189 - Boykins
68 SCS SB 966 - Gambaro
69 SB 798 - Ross
70 SCS SB 745 - Kelly (144)
71 HCS SB 950 - Griesheimer
72 SB 1199, HCA 1 - Bearden
73 HCS SCS SB 960 - O'Connor
74 HCS SCS SB 1093 - Hilgemann
75 SB 831 - Gambaro
76 HCS SCS SB 957 - Reid
77 SCS SB 656 - Luetkenhaus
78 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