Journal of the House

First Regular Session, 92nd General Assembly

THIRTEENTH DAY, Thursday, January 30, 2003

         Speaker Hanaway in the Chair.

         Prayer by Father David Buescher.

           Sovereign God, we hear all around the rumblings of possible war. Give the women and men who labor here an even deeper sense of inner peace. Aware of their responsibilities to our citizens and to our state, and in tune with the energies of the universe which cry for progress and harmony, help their words and actions today be safe harbors for the best of human aspirations.

           Finally, give them safe journeys to home and constituencies for this weekend, if that is their plan, that they might return to us next week renewed and refreshed. All according to Your will. Amen.

         The Pledge of Allegiance to the flag was recited.

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

HOUSE RESOLUTION

         Representatives Bruns and Deeken offered House Resolution No. 222.

HOUSE CONCURRENT RESOLUTION

         Representative Cooper (155) offered House Concurrent Resolution No. 12.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 199 - Representative Lipke (157)

House Resolution No. 200 - Representative Salva

House Resolution No. 201 - Representative Dusenberg

House Resolution No. 202

                        and

House Resolution No. 203 - Representative Dethrow

House Resolution No. 204 - Representative Henke

         House Resolution No. 205

                        and

House Resolution No. 206 - Representative Munzlinger

House Resolution No. 207 - Representative Skaggs, et al

House Resolution No. 208

                        through

House Resolution No. 215 - Representative Cooper (120)

House Resolution No. 216 - Representative Bringer

House Resolution No. 217 - Representative Dethrow

         House Resolution No. 218

                        through

         House Resolution No. 221 - Representative Pratt

         House Resolution No. 223 - Representative Moore

INTRODUCTION OF HOUSE BILLS

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

HB 324, introduced by Representatives Richard, Sager, Stevenson, Dixon, Rector, Viebrock, Willoughby, Skaggs and LeVota, et al, relating to utility infrastructure and purchasing power.

HB 325, introduced by Representatives Sanders Brooks, Hoskins, El-Amin, Johnson (61) and Bland, et al, relating to strip searches of public and charter school students.

HB 326, introduced by Representatives Wagner, Engler and Ward, relating to the description of the Ste. Genevieve County boundaries.

HB 327, introduced by Representatives Lipke (157), Mayer, Jetton and Crowell, relating to the construction and maintenance of highways.

HB 328, introduced by Representatives Munzlinger, Townley, Dougherty, Dethrow, Crawford, Whorton and Behnen, et al, relating to concealable weapons.

HB 329, introduced by Representative Myers, relating to commercial motor vehicles stopping at official weigh stations.

HB 330, introduced by Representative Myers, relating to expungement.

HB 331, introduced by Representatives Guest and Crawford, relating to nuisances.

HB 332, introduced by Representatives Portwood, Hunter, Riback Wilson (25), Shoemyer (9), Avery, Johnson (90), Walsh, Fraser, Donnelly, Jones and Muckler, et al, relating to social work.

HB 333, introduced by Representatives Merideth, Myers, Hunter and Wallace, et al, relating to transfers from the incidental fund.

HB 334, introduced by Representatives Black, Jetton, Schlottach, Crawford, Icet, Ervin, Merideth and Barnitz, et al, relating to the powers and duties of the state transportation commission.

HB 335, introduced by Representatives Baker, Jolly and Kelly (36), et al, relating to possession or control of a controlled substance.

HB 336, introduced by Representatives Baker, Jolly, Icet, Kelly (36) and Willoughby, et al, relating to purchase of intoxicating liquor by persons under the age of twenty-one years.

HB 337, introduced by Representatives Hobbs, Munzlinger, Sutherland, Shoemaker (8), Dixon, Luetkemeyer, Portwood and Behnen, et al, relating to the establishment of the Missouri sheriff methamphetamine relief team.

HB 338, introduced by Representative Smith (118), relating to the public school retirement system.

HB 339, introduced by Representatives Boykins, Curls, Villa, Wilson (42), Hoskins, Hilgemann, Sanders Brooks, Hubbard and Jones, et al, relating to urban teaching scholarships.

HB 340, introduced by Representatives Boykins, Hilgemann, Jones, Johnson (61), Hubbard, El-Amin and Hoskins, et al, relating to use of emergency personnel.

HB 341, introduced by Representatives Deeken and Smith (118), et al, relating to the creation of the property preservation fund.

HB 342, introduced by Representatives Stefanick and Portwood, relating to property taxation.

HB 343, introduced by Representatives Burnett, Dougherty, LeVota and Young, et al, relating to background checks for charter school key personnel.

HB 344, introduced by Representatives Rector, Bivins and Willoughby, et al, relating to recovery of certain costs by utilities.

HB 345, introduced by Representatives Cunningham (86), Jetton, Lembke (85), Villa, George, Schlottach, Rupp and St. Onge, et al, relating to a tax credit for certain education-related charitable donations.

HB 346, introduced by Representatives Dempsey, Smith (118) and Davis (122), relating to the public school retirement system.

HB 347, introduced by Representatives Dempsey and Wright, relating to local government employees' retirement system.

HB 348, introduced by Representatives Dempsey and Wright, relating to local government employees' retirement system.

SECOND READING OF HOUSE JOINT RESOLUTION

         HJR 10 was read the second time.

SECOND READING OF HOUSE BILLS

         HB 305 through HB 323 were read the second time.

SIGNING OF SENATE CONCURRENT RESOLUTION

         All other business of the House was suspended while SCR 1 was read at length and, there being no objection, was signed by the Speaker to the end that the same may become law.

SIGNING OF HOUSE CONCURRENT RESOLUTION

         All other business of the House was suspended while HCS HCR 6 was read at length and, there being no objection, was signed by the Speaker to the end that the same may become law.

         Having been duly signed in open session of the Senate, HCS HCR 6 was delivered to the Governor by the Chief Clerk of the House.

PERFECTION OF HOUSE BILL

         HCS HB 185, relating to abducted children, was taken up by Representative Phillips.

         Representative Donnelly offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 185, Page 3, Section 210.1012, Line 58, by inserting after all of said line the following:

“9. Any person who knowingly makes a false report of an abduction that triggers an alert pursuant to this section is guilty of a class A misdemeanor.”; and

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

         On motion of Representative Donnelly, House Amendment No. 1 was adopted by the following vote:

         Representative Johnson (90) requested a verification of the roll call on the motion to adopt House Amendment No. 1.

         Speaker Pro Tem Jetton assumed the Chair.

         Representative Seigfreid offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 185, Page 2, Section 210.1012, Line 19, by deleting the word “may” on said line and inserting in lieu thereof the following: “shall”; and

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

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

         Representative Johnson (90) offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 185, Page 3, Section 210.1014, Line 10, by inserting after the word “safety” the following: “or their designee”; and

           Further amend said Section, Line 11, by inserting after the word “chair” the following “the superintendent of the highway patrol or their designee”.

         On motion of Representative Johnson (90), House Amendment No. 3 was adopted.

         Representative Sager offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill No. 185, Page 2, Section 210.1012, Lines 38 through 40, by deleting all of said lines and inserting in lieu thereof the following:

           “Local programs shall conform to the following standards:”.

         Speaker Hanaway resumed the Chair.

         Representative Sager moved that House Amendment No. 4 be adopted.

         Which motion was defeated by the following vote:

         Representative Byrd offered House Amendment No. 5.

House Amendment No. 5

AMEND House Committee Substitute for House Bill No. 185, Page 3, Section 210.1014, Line 16, by inserting after all of said line the following:

"3. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2003, shall be invalid and void."; and

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

         On motion of Representative Byrd, House Amendment No. 5 was adopted.

         Representative Riback Wilson (25) offered House Amendment No. 6.

House Amendment No. 6

AMEND House Committee Substitute for House Bill No. 185, Page 1, Section 210.1012, Line 5, by deleting the word “are” and substituting in its place the word “is”; and

           Further amend Line 6, by deleting the word “a” and substituting in lieu thereof the word “such”.

         On motion of Representative Riback Wilson (25), House Amendment No. 6 was adopted.

         On motion of Representative Phillips, HCS HB 185, as amended, was adopted.

         On motion of Representative Phillips, HCS HB 185, as amended, was ordered perfected and printed.

REFERRAL OF HOUSE RESOLUTIONS

         The following House Resolutions were referred to the Committee indicated:

HR 36 - Rules

HR 110 - Agriculture

HR 128 - Rules

REFERRAL OF HOUSE BILLS

         The following House Bills were referred to the Committee indicated:

HB 34 - Education

HB 179 - Budget

HB 186 - Senior Security

HB 196 - Children and Families

HB 199 - Local Government

HB 200 - Crime Prevention and Public Safety

HB 201 - Job Creation and Economic Development

HB 203 - Judiciary

HB 207 - Tourism and Cultural Affairs

HB 276 - Education

HB 289 - Job Creation and Economic Development

HB 290 - Elections

HB 291 - Tax Policy

HB 292 - Local Government

HB 293 - Local Government

HB 294 - Local Government

HB 295 - Conservation and Natural Resources

HB 296 - Workforce Development and Workplace Safety

HB 297 - Education

HB 298 - Retirement

HB 299 - Education

HB 300 - Communications, Energy and Technology

HB 301 - Judiciary

HB 302 - Crime Prevention and Public Safety

HB 303 - Budget

HB 304 - Transportation and Motor Vehicles

HB 305 - Budget

HB 306 - Tax Policy

HB 307 - Homeland Security and Veterans Affairs

HB 308 - Workforce Development and Workplace Safety

HB 309 - Financial Services

HB 310 - Education

HB 311 - Communications, Energy and Technology

HB 312 - Senior Security

HB 313 - Crime Prevention and Public Safety

HB 314 - Financial Services

HB 315 - Elections

HB 316 - Education

HB 317 - Agriculture

HB 318 - Judiciary

HB 319 - Education

HB 320 - Workforce Development and Workplace Safety

HB 321 - Workforce Development and Workplace Safety

HB 322 - Small Business

HB 323 - Professional Registration and Licensing

COMMITTEE REPORT

         Committee on Education, Chairman Cunningham (86) reporting:

         Madam Speaker: Your Committee on Education, to which was referred HB 288, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

ADJOURNMENT

         On motion of Representative Pratt, the House adjourned until 2:00 p.m., Monday, February 3, 2003.

COMMITTEE MEETINGS

AGRICULTURE

Tuesday, February 4, 2003, 12:00 p.m. Hearing Room 1. AMENDED NOTICE.

Public Hearing to be held on: HB 172, HB 206

APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Monday, February 3, 2003, 12:00 p.m. Hearing Room 4.

Department of Natural Resources and the Department of Conservation.

APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

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

Department of Natural Resources and the Department of Conservation.

APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Wednesday, February 5, 2003, 8:00 a.m. Hearing Room 4.

Department of Natural Resources and the Department of Conservation.

APPROPRIATIONS - EDUCATION

Monday, February 3, 2003, 12:00 p.m. Hearing Room 1.

Coordinating Board for Higher Education, Truman, Northwest,

MO Western, Southwest, MO Southern, Harris-Stowe.

APPROPRIATIONS - EDUCATION

Tuesday, February 4, 2003, 8:00 a.m. Hearing Room 1.

Lincoln, Linn State, University of Missouri, Southeast,

Central Missouri and Community Colleges.

APPROPRIATIONS - EDUCATION

Tuesday, February 4, 2003, 2:30 p.m. Hearing Room 1.

Coordinating Board for Higher Education.

APPROPRIATIONS - EDUCATION

Wednesday, February 5, 2003, 8:00 a.m. Hearing Room 1.

Coordinating Board for Higher Education.

APPROPRIATIONS - EDUCATION

Wednesday, February 5, 2003, 2:30 p.m. Hearing Room 1.

Coordinating Board for Higher Education.

APPROPRIATIONS - GENERAL ADMINISTRATION

Monday, February 3, 2003, 12:00 p.m. Hearing Room 7.

Department of Revenue. Public testimony.

APPROPRIATIONS - GENERAL ADMINISTRATION

Tuesday, February 4, 2003, 2:30 p.m. Hearing Room 7.

Department of Revenue.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Monday, February 3, 2003, 11:00 a.m. Hearing Room 3.

Department of Mental Health (HB 10).

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Tuesday, February 4, 2003, 8:00 a.m. Hearing Room 3.

Department of Mental Health. Public testimony (HB 10).

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Tuesday, February 4, 2003, 2:30 p.m. Hearing Room 3.

Department of Mental Health. Public testimony (HB 10).

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Wednesday, February 5, 2003, 8:00 a.m. Hearing Room 3.

Department of Mental Health (HB 10).

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Wednesday, February 5, 2003, 2:30 p.m. Hearing Room 3.

Department of Mental Health (HB 10).

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Thursday, February 6, 2003, 8:15 a.m. Hearing Room 3.

Department of Mental Health (HB 10).

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Thursday, February 6, 2003. Hearing Room 3 upon adjournment.

Department of Mental Health (HB 10).

APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Monday, February 3, 2003, 12:00 p.m. Hearing Room 6.

Public testimony.

APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Tuesday, February 4, 2003, 8:00 a.m. Hearing Room 6.

Public Safety.

APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Wednesday, February 5, 2003, 8:00 a.m. Hearing Room 6.

Public Safety and Corrections if time allows.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, February 4, 2003, 8:00 a.m. Hearing Room 7.

Public testimony.

BUDGET

Tuesday, February 4, 2003, 7:30 p.m. Hearing Room 3.

Executive Session may follow.

Public Hearing to be held on: HB 15

COMMUNICATIONS, ENERGY, AND TECHNOLOGY

Tuesday, February 4, 2003, 12:00 p.m. Hearing Room 3.

Public Hearing to be held on: HB 157, HB 208

CONSERVATION AND NATURAL RESOURCES

Wednesday, February 5, 2003, 12:00 p.m. Hearing Room 5.

Executive Session may follow.

Public Hearing to be held on: HB 215, HB 218

CORRECTIONS AND STATE INSTITUTIONS

Wednesday, February 5, 2003, 5:00 p.m. Hearing Room 7.

Public Hearing to be held on: HB 93, HB 138, HB 216, HB 278

CRIME PREVENTION AND PUBLIC SAFETY

Monday, February 3, 2003. Hearing Room 3 upon afternoon adjournment.

Executive Session to be held on: HB 198, HB 229

CRIME PREVENTION AND PUBLIC SAFETY

Tuesday, February 4, 2003, 5:00 p.m. Hearing Room 3.

Public Hearing to be held on: HB 63, HB 163, HB 164, HB 167, HB 168, HB 209

ELECTIONS

Tuesday, February 4, 2003, 5:00 p.m. Hearing Room 7.

Public Hearing to be held on: HB 99, HJR 6, HJR 9

FINANCIAL SERVICES

Tuesday, February 4, 2003, 12:00 p.m. Hearing Room 6.

Executive Session may follow.

Public Hearing to be held on: HB 73, HB 193, HB 221

HEALTH CARE POLICY

Wednesday, February 5, 2003, 5:00 p.m. Hearing Room 6.

Executive Session may follow.

Public Hearing to be held on: HB 156

PROFESSIONAL REGISTRATION AND LICENSING

Tuesday, February 4, 2003, 12:00 p.m. Hearing Room 4.

Public Hearing to be held on: HB 102, HB 171

SENIOR SECURITY

Tuesday, February 4, 2003, 5:00 p.m. Hearing Room 6.

Public Hearing to be held on: HB 47, HB 260

TAX POLICY

Tuesday, February 4, 2003, 12:00 p.m. Hearing Room 7.

Executive Session may follow.

Public Hearing to be held on: HB 50, HB 190, HB 191, HB 214

TOURISM AND CULTURAL AFFAIRS

Tuesday, February 4, 2003, 12:00 p.m. Hearing Room 5.

Public Hearing to be held on: HB 222, HB 245

Executive Session to be held on: HB 144, HB 222, HB 245

TRANSPORTATION AND MOTOR VEHICLES

Wednesday, February 5, 2003, 12:00 p.m. Hearing Room 7.

Public Hearing to be held on: HB 61, HB 75, HB 96, HB 160, HB 187, HB 247, HB 265

HOUSE CALENDAR

FOURTEENTH DAY, MONDAY, FEBRUARY 3, 2003

HOUSE BILLS FOR SECOND READING

HB 324 through HB 348

HOUSE BILL FOR PERFECTION

HCS HB 288 - Jetton

HOUSE BILL FOR THIRD READING

HCS HB 185 - Phillips

HOUSE RESOLUTION

HR 180 - Crowell (1-28-03, Pages 175-180)