Journal of the House

First Regular Session, 92nd General Assembly

NINTH DAY, Thursday, January 23, 2003

         Representative Crawford in the Chair.

         Prayer by Father David Buescher.

          God of the dreams and the plans and the goals behind our busy lives, on this cold blustery day we place ourselves in Your gaze. Survey this Chamber and stir those who serve here.

          Provide these representatives abundantly with the warmth of Your presence, that these, Your servants and Your children, may build up this state, one more day by one more day, into a fitting reflection of Your justice, benevolence, peace, and compassion. 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: Thomas Crank and R. Samuel Braden.

         The Journal of the eighth day was approved as printed by the following vote:

HOUSE CONCURRENT RESOLUTION

         Representatives Moore and Walton offered House Concurrent Resolution No. 11.

HOUSE RESOLUTION

         Representative Crawford offered House Resolution No. 128.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 121 - Representative Kuessner

House Resolution No. 122 - Representative Guest

House Resolution No. 123 - Representative Crowell

House Resolution No. 124 - Representative Curls

House Resolution No. 125 - Representative Lager

House Resolution No. 126 - Representative Ransdall

         House Resolution No. 127 - Representative Lager

         Representative Pearce moved that Rule 114 be suspended to receive guests of Representative Phillips for special recognition.

         Which motion was adopted by the following vote:

         Dr. Harry Bozoian, Dr. Gordon Thompson and Dr. Marvin Wallach were recognized by the House of Representatives for their fifty years or more of professional service as licensed dentists in the State of Missouri.

INTRODUCTION OF HOUSE BILLS

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

HB 255, introduced by Representatives Crawford, Stevenson, Quinn, Shoemaker (8), Miller, Schneider, Parker, Carnahan, Muckler, Barnitz, Rupp, Bruns, Bean, Bishop and Fraser, et al, relating to offenses against the person.

HB 256, introduced by Representatives Avery, Smith (14), Wright, Riback Wilson (25), Stevenson, Hubbard, Jetton, Dempsey, Graham and Villa, et al, relating to jury service.

HB 257, introduced by Representatives Munzlinger, Hobbs, Portwood, Jetton, Moore, Sander, Myers, Quinn, Shoemaker (8), Behnen, Townley and Sutherland, et al, relating to tax credits.

HB 258, introduced by Representatives Haywood and Jones, et al, relating to hate crimes.

HB 259, introduced by Representatives Haywood and Jones, et al, relating to use of credit scoring for insurance purposes.

HB 260, introduced by Representative Henke, et al, relating to nursing home administrators.

HB 261, introduced by Representatives Whorton, Seigfreid and Moore, et al, relating to designation of a state entity.

HB 262, introduced by Representatives Hilgemann, Villa, Byrd, Corcoran, Daus, Carnahan and Jones, et al, relating to compulsory attendance age for public schools.

HB 263, introduced by Representatives Cooper (120), Dempsey and Pratt, relating to the tobacco settlement agreement.

HB 264, introduced by Representatives Holand, Campbell and Shoemaker (8), et al, relating to nurse staffing requirements in hospitals.

HB 265, introduced by Representative Cooper (120), relating to speed regulations for motor vehicles within certain counties.

HB 266, introduced by Representative Cooper (120), et al, relating to emergency sirens in public schools.

HB 267, introduced by Representatives Smith (118), Wilson (119), Schlottach, Purgason, Lipke (157), Bearden and Ruestman, relating to county commissions.

HB 268, introduced by Representative Smith (118), et al, relating to county classifications.

HB 269, introduced by Representative Smith (118), relating to suicide.

HB 270, introduced by Representative Smith (118), relating to the administrative law judges and legal advisors retirement system.

HB 271, introduced by Representatives Merideth, Jetton, Holand, Bean and Ransdall, et al, relating to a state employee's leave of absence to perform military duties.

HB 272, introduced by Representatives Muckler, Burnett, Jolly, Corcoran, Jones, Haywood, Curls, Hubbard, Darrough, Walsh and Walker, et al, relating to payday loans.

HB 273, introduced by Representatives Byrd, Jetton, Hanaway, Crowell, Cunningham (86), Portwood, Dusenberg, Hunter, Schaaf, Holand, Cooper (155), Shoemaker (8), Black, Bean, Icet, Engler, Dixon, Schlottach, Lembke (85), Avery, Townley, Myers, Pearce, Stefanick, Johnson (47),

Baker, Guest, Bearden, Kingery, Page, Yates, Wood, Schneider, Smith (14), Wasson and Hubbard, et al, relating to claims for damages for injuries to the person.

HB 274, introduced by Representative Byrd, relating to medical malpractice insurance rates.

HB 275, introduced by Representatives Merideth, Moore, Mayer, Bean and Myers, relating to the Missouri airport protection act.

HB 276, introduced by Representatives Fraser, Riback Wilson (25), Donnelly, Yaeger, Jolly and Walker, relating to corporal punishment.

HB 277, introduced by Representative Wright, et al, relating to community improvement districts.

HB 278, introduced by Representatives Davis (19) and Parker, to authorize the conveyance of property along 321 Knaust Road to St. Charles County, Missouri.

HB 279, introduced by Representative Ransdall, relating to recording DD 214's.

HB 280, introduced by Representatives Avery, Behnen, Wright, Parker, Jetton, Sager, Shoemaker (8), Baker and Graham, et al, relating to the governing boards of certain state higher education institutions.

HB 281, introduced by Representatives Moore, Walton, Dethrow, Purgason, Wallace, Holand, Black, Kelly (36), Crawford, Deeken, Schlottach, Guest, Baker, Bough, Wilson (119), Haywood, Wilson (130), Shoemaker (8), Smith (14), Parker, Dixon, Shoemyer (9), Rupp, Hoskins and Emery, et al, relating to certificates of license to teach.

HB 282, introduced by Representatives Moore, Graham, Lowe, Selby, Walton and Holand, et al, relating to health insurance coverage for children's hearing aids.

HB 283, introduced by Representative Green, relating to vehicle registration.

HB 284, introduced by Representative Crawford, relating to vehicles left unattended or improperly parked on private property of another.

HB 285, introduced by Representatives Walton, Moore, Sager, Boykins, Bland, Hubbard and Hoskins, et al, relating to discipline in public schools.

HB 286, introduced by Representatives Bearden, Campbell and Munzlinger, relating to the federal hospital reimbursement allowance program.

HB 287, introduced by Representatives Roark, Cooper and Hunter, relating to drunkenness or drinking in certain public places.

HB 288, introduced by Representatives Jetton, Lager, Schaaf, Hobbs, Pearce, Yates, Munzlinger, Rupp, Schlottach, Baker, Nieves, Stefanick, Smith (14), Dixon and Kingery, et al, relating to gambling moneys for schools.

SECOND READING OF HOUSE CONCURRENT RESOLUTIONS

         HCR 9 and HCR 10 were read the second time.

SECOND READING OF HOUSE BILLS

         HB 233 through HB 254 were read the second time.

HOUSE CONCURRENT RESOLUTION FOR THIRD READING

         HCS HCR 6, relating to legislative and judicial pay raises, was taken up by Representative Bruns.

         On motion of Representative Bruns, HCS HCR 6 was adopted.

         On motion of Representative Bruns, HCS HCR 6 was read the third time and passed by the following vote:

         Representative Crawford declared the bill passed.

         Representative Abel raised a point of order that the Committee Assignment on Page 142 of the House Journal for January 22, 2003 is in violation of House Rule 22.

         Representative Crawford requested a parliamentary ruling.

         The Parliamentary Committee ruled the point of order not well taken.

REFERRAL OF HOUSE JOINT RESOLUTIONS

         The following House Joint Resolutions were referred to the Committee indicated:

HJR 1 - Education

HJR 2 - Transportation and Motor Vehicles

HJR 3 - Budget

HJR 4 - Education

HJR 6 - Elections

HJR 7 - Conservation and Natural Resources

HJR 8 - Transportation and Motor Vehicles

HJR 9 - Elections

REFERRAL OF HOUSE BILLS

         The following House Bills were referred to the Committee indicated:

HB 26 - Senior Security

HB 28 - Senior Security

HB 35 - Crime Prevention and Public Safety

HB 36 - Local Government

HB 37 - Senior Security

HB 41 - Local Government

HB 42 - Transportation and Motor Vehicles

HB 47 - Senior Security

HB 49 - Workforce Development and Workplace Safety

HB 50 - Tax Policy

HB 52 - Budget

HB 54 - Crime Prevention and Public Safety

HB 55 - Education

HB 56 - Tax Policy

HB 57 - Tax Policy

HB 58 - Local Government

HB 59 - Health Care Policy 

HB 62 - Education

HB 63 - Crime Prevention and Public Safety

HB 64 - Crime Prevention and Public Safety

HB 65 - Tax Policy

HB 66 - Crime Prevention and Public Safety

HB 67 - Crime Prevention and Public Safety

HB 68 - Crime Prevention and Public Safety

HB 69 - Crime Prevention and Public Safety

HB 71 - Education

HB 81 - Local Government

HB 84 - Crime Prevention and Public Safety

HB 85 - Children and Families

HB 86 - Transportation and Motor Vehicles

HB 87 - Crime Prevention and Public Safety

HB 88 - Transportation and Motor Vehicles

HB 89 - Senior Security

HB 90 - Senior Security

HB 96 - Transportation and Motor Vehicles 

HB 97 - Local Government

HB 98 - Judiciary

HB 99 - Elections

HB 100 - Local Government

HB 103 - Health Care Policy

HB 104 - Elections

HB 105 - Judiciary

HB 113 - Crime Prevention and Public Safety

HB 120 - Crime Prevention and Public Safety

HB 124 - Job Creation and Economic Development

HB 125 - Crime Prevention and Public Safety

HB 126 - Education

HB 128 - Homeland Security and Veterans Affairs

HB 130 - Agriculture

HB 133 - Elections

HB 138 - Corrections and State Institutions

HB 139 - Tax Policy

HB 146 - Education

HB 147 - Tax Policy

HB 149 - Senior Security

HB 150 - Senior Security

HB 151 - Judiciary

HB 155 - Workforce Development and Workplace Safety

HB 157 - Communications, Energy and Technology

HB 158 - Budget

HB 159 - Elections

HB 161 - Professional Registration and Licensing 

HB 169 - Crime Prevention and Public Safety

HB 172 - Agriculture

RE-REFERRAL OF HOUSE BILLS

         The following House Bills were re-referred to the Committee indicated:

HB 184 - Local Government

HB 206 - Agriculture

COMMITTEE REPORT

         Committee on Rules, Chairman Crowell reporting:

         Madam Speaker: Your Committee on Rules, to which was referred SCR 1, begs leave to report it has examined the same and recommends that it Do Pass.

COMMITTEE CHANGES

         The Speaker submitted the following Committee changes:

         Representative McKenna is no longer a member of the Crime Prevention and Public Safety Committee.

         Representative Corcoran is no longer a member of the Transportation and Motor Vehicles Committee.

         Representative Jolly is no longer a member of the Health Care Policy Committee.

         Representative Schoemehl is no longer a member of the Job Creation and Economic Development Committee.

         Representative McKenna has been appointed to the Transportation and Motor Vehicles Committee.

         Representative Corcoran has been appointed a member of the Crime Prevention and Public Safety Committee.

         Representative Corcoran has been appointed a member of the Job Creation and Economic Development Committee.

         Representative Harris (23) has been appointed a member of the Health Care Policy Committee.

WITHDRAWAL OF HOUSE CONCURRENT RESOLUTION

January 23, 2003

TO:                      Chief Clerk

FROM:                Juanita Head Walton

SUBJECT:          Request for HCR 8

Please withdraw HCR 8.

WITHDRAWAL OF HOUSE BILL

January 22, 2003

The Honorable Catherine Hanaway, Speaker

Missouri House of Representatives

Room 308, Capitol Building

Jefferson City, MO 65101

Dear Madam Speaker:

           I would like to respectfully request that my House Bill 31 be withdrawn.

           Thank you for your consideration.

Sincerely yours,

/s/ Thomas A. Villa

ADJOURNMENT

         On motion of Representative Pearce, the House adjourned until 4:00 p.m., Monday, January 27, 2003.

COMMITTEE MEETINGS

ADMINISTRATION AND ACCOUNTS

Thursday, January 30, 2003, 8:30 a.m. Hearing Room 1.

Organizational meeting.

AGRICULTURE

Tuesday, January 28, 2003, 12:00 p.m. Hearing Room 1.

Organizational meeting. CORRECTED NOTICE.

APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Monday, January 27, 2003, 12:00 p.m. Hearing Room 4.

Departments of Agriculture, Conservation and Natural Resources.

APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Tuesday, January 28, 2003, 8:00 a.m. Hearing Room 4.

Departments of Agriculture, Conservation and Natural Resources.

APPROPRIATIONS - EDUCATION

Monday, January 27, 2003, 12:00 p.m. Hearing Room 1.

Presentation by G. Ogle from Dept. of Elementary and Secondary Education.

APPROPRIATIONS - EDUCATION

Tuesday, January 28, 2003, 8:00 a.m. Hearing Room 1.

Dept. of Elementary and Secondary Education.

APPROPRIATIONS - EDUCATION

Tuesday, January 28, 2003, 2:30 p.m. Hearing Room 1.

Dept. of Elementary and Secondary Education.

APPROPRIATIONS - EDUCATION

Wednesday, January 29, 2003, 8:00 a.m. Hearing Room 1.

Dept. of Elementary and Secondary Education.

APPROPRIATIONS - EDUCATION

Wednesday, January 29, 2003, 2:30 p.m. Hearing Room 1.

Dept. of Elementary and Secondary Education.

APPROPRIATIONS - GENERAL ADMINISTRATION

Tuesday, January 28, 2003, 2:30 p.m. Hearing Room 7.

Office of Administration. Public testimony. CORRECTED NOTICE.

APPROPRIATIONS - GENERAL ADMINISTRATION

Wednesday, January 29, 2003, 2:30 p.m. Hearing Room 7.

Office of Administration. Public testimony.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Monday, January 27, 2003, 12:00 p.m. Hearing Room 3.

Health and Senior Services. (HB 10)

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Tuesday, January 28, 2003, 8:00 a.m. Hearing Room 3.

Health and Senior Services. Public testimony. (HB 10)

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Tuesday, January 28, 2003, 2:30 p.m. Hearing Room 3.

Health and Senior Services. Public testimony. (HB 10)

APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Monday, January 27, 2003, 12:00 p.m. Hearing Room 6.

Educational meeting.

APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Tuesday, January 28, 2003, 8:00 a.m. Hearing Room 6.

Informational meeting.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Monday, January 27, 2003, 12:00 p.m. Hearing Room 7.

Departments of Labor and Industrial Relations,

Insurance and Economic Development, if time permits.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, January 28, 2003, 8:00 a.m. Hearing Room 7.

Committee will also meet upon adjournment. Economic Development.

CHILDREN AND FAMILIES

Tuesday, January 28, 2003, 5:00 p.m. Hearing Room 1.

Public Hearing to be held on: HB 219

COMMUNICATIONS, ENERGY AND TECHNOLOGY

Tuesday, January 28, 2003, 12:00 p.m. Hearing Room 3.

Organizational meeting.

CONSERVATION AND NATURAL RESOURCES

Wednesday, January 29, 2003, 12:00 p.m. Hearing Room 5. CORRECTED NOTICE.

Public Hearing to be held on: HB 83, HB 115

CRIME PREVENTION AND PUBLIC SAFETY

Tuesday, January 28, 2003, 5:00 p.m. Hearing Room 3. AMENDED NOTICE.

Public Hearing to be held on: HB 91, HB 194, HB 212

ELECTIONS

Tuesday, January 28, 2003, 5:00 p.m. Hearing Room 7.

Organizational meeting. Presentation by Secretary of State's Office,

MO Association of County Clerks.

ETHICS

Tuesday, January 28, 2003, 5:00 p.m. Hearing Room 4.

Rules of Procedure for Ethics.

Approval of Caucuses. Executive Session to follow.

FINANCIAL SERVICES

Tuesday, January 28, 2003, 1:00 p.m. Hearing Room 6.

Public Hearing to be held on: HB 221

HOMELAND SECURITY AND VETERANS AFFAIRS

Tuesday, January 28, 2003, 5:00 p.m. Hearing Room 5.

Public Hearing to be held on: HB 46, HB 72

JOB CREATION AND ECONOMIC DEVELOPMENT

Wednesday, January 29, 2003, 12:00 p.m. Hearing Room 6.

Public Hearing to be held on: HB 197

LOCAL GOVERNMENT

Thursday, January 30, 2003, 8:30 a.m. Hearing Room 6.

Public Hearing to be held on: HB 166, HB 181

Executive Session to be held on: HB 80, HB 122

PROFESSIONAL REGISTRATION AND LICENSING

Tuesday, January 28, 2003, 12:00 p.m. Professional Registration,

3605 Missouri Blvd., Organizational meeting.

Presentation by Division of Professional Registration.

RETIREMENT

Thursday, January 30, 2003, 8:30 a.m. Hearing Room 7.

Public Hearing to be held on: HB 131, HB 152, HB 180

SMALL BUSINESS

Wednesday, January 29, 2003, 12:00 p.m. Hearing Room 4.

Organizational meeting.

TAX POLICY

Tuesday, January 28, 2003, 12:00 p.m. Hearing Room 7.

Executive Session may follow.

Public Hearing to be held on: HB 60, HB 119, HB 206

TOURISM AND CULTURAL AFFAIRS

Tuesday, January 28, 2003, 12:00 p.m. Hearing Room 5.

Executive Session may follow.

Public Hearing to be held on: HB 144

TRANSPORTATION AND MOTOR VEHICLES

Wednesday, January 29, 2003, 12:00 p.m. Hearing Room 7.

Stakeholders meeting.

WORKFORCE DEVELOPMENT AND WORKPLACE SAFETY

Wednesday, January 29, 2003, 12:00 p.m. Hearing Room 3.

Executive Session may follow.

Public Hearing to be held on: HB 74

HOUSE CALENDAR

TENTH DAY, MONDAY, JANUARY 27, 2003

HOUSE BILLS FOR SECOND READING

HB 255 through HB 288

SENATE CONCURRENT RESOLUTION FOR THIRD READING

SCR 1 - Bruns (1-15-03, Pages 96-97)