First Regular Session, 92nd General Assembly
FOURTEENTH DAY, Monday, February 3, 2003
Representative Black in the Chair.
Prayer by Father David Buescher.
Eternal God, You help our hearts warm at the beauty of human love and society’s healthy development. You weep with us during tragedies like the one we began to endure two days ago. You are the warp and the woof of our joys and sorrows.
Fill this Chamber again this day and all days with pleasure at all that is fine, and with consolation when all seems hurtful. Give these representatives new resolve this week to work with each other attentively at building an even better society, one of less sadness and more enjoyment for all. Amen.
The Pledge of Allegiance to the flag was recited.
The Speaker appointed the following to act as an Honorary Page for the Week, to serve without compensation: Daniel Emery.
The Journal of the thirteenth day was approved as printed.
HOUSE RESOLUTION
Representative Hanaway offered House Resolution No. 238.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 224
through
House Resolution No. 229 - Representative Cunningham (145)
House Resolution No. 230 - Representative Quinn
House Resolution No. 231
through
House Resolution No. 233 - Representative Jetton
House Resolution No. 234 - Representative Morris
House Resolution No. 235 - Representative Mayer
House Resolution No. 236 - Representative Hobbs
House Resolution No. 237 - Representative Munzlinger
House Resolution No. 239 - Representative Ransdall
House Resolution No. 240 - Representative Johnson (61)
House Resolution No. 241 - Representative Dixon
INTRODUCTION OF HOUSE BILLS
The following House Bills were read the first time and copies ordered printed:
HB 349, introduced by Representatives Crawford, Sander, Jetton, Barnitz, Crowell, Townley, Dethrow, Munzlinger, Miller, Hobbs, Quinn, Pearce, Dougherty, Myers, Roark, Wright, Self, Baker, Smith (118), Black, Emery, Rector, May, Rupp, Richard, Goodman, Jackson, Wilson (119), Cunningham (145), Mayer, Kingery, Behnen, Cooper (155), Wood, Viebrock, Stevenson, Wallace, Schlottach, Guest, Taylor, Dusenberg, Angst, Morris, Lembke (85), Lipke (157), Luetkemeyer, King, Bearden, Moore, Merideth, Bruns, Kelly (144), Deeken, Parker, Bean, Dempsey, Avery, Wilson (130), Nieves, Shoemaker (8), Wasson, Threlkeld, Ruestman, Dixon, Sager, Kelly (36), Whorton, Kuessner, Ward, Ransdall, Selby, Hampton, Henke, Davis (122), Seigfreid, Salva, McKenna, Green, Harris (110), Shoemyer (9), Bringer and Wagner, et al, relating to concealable weapons.
HB 350, introduced by Representatives Riback Wilson (25), Deeken and Holand, relating to insurance coverage for treatment of chemical dependency.
HB 351, introduced by Representatives Quinn, Shoemaker (8), May, Seigfreid, Wright, Sander and Cunningham (145), et al, relating to boards of directors for industrial development corporations.
HB 352, introduced by Representatives Guest, Dethrow, Townley, Shoemaker (8), Whorton, Myers, Sander and Hobbs, et al, relating to animal research and production facilities.
HB 353, introduced by Representatives Luetkemeyer and Parker, relating to property and casualty insurance guaranty associations.
HB 354, introduced by Representatives Lowe, George, Spreng, Walsh, Darrough, Wildberger and Wilson (42), et al, relating to oversight of public privatization contracts.
SECOND READING OF HOUSE BILLS
HB 324 through HB 348 were read the second time.
THIRD READING OF HOUSE BILL
HCS HB 185, relating to abducted children, was taken up by Representative Phillips.
On motion of Representative Phillips, HCS HB 185 was read the third time and passed by the following vote:
AYES: 160 |
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Abel |
Adams |
Angst |
Avery |
Baker |
Barnitz |
Bean |
Bearden |
Behnen |
Bishop |
Bivins |
Black |
Bland |
Bough |
Boykins |
Bringer |
Brooks |
Brown |
Bruns |
Burnett |
Byrd |
Campbell |
Carnahan |
Cooper 120 |
Cooper 155 |
Corcoran |
Crawford |
Crowell |
Cunningham 145 |
Cunningham 86 |
Curls |
Darrough |
Daus |
Davis 122 |
Davis 19 |
Deeken |
Dempsey |
Dethrow |
Dixon |
Donnelly |
Dougherty |
Dusenberg |
El-Amin |
Emery |
Engler |
Ervin |
Fares |
Fraser |
George |
Goodman |
Graham |
Green |
Guest |
Hampton |
Harris 110 |
Harris 23 |
Haywood |
Henke |
Hilgemann |
Hobbs |
Holand |
Hoskins |
Hubbard |
Hunter |
Icet |
Jackson |
Jetton |
Johnson 47 |
Johnson 61 |
Johnson 90 |
Jolly |
Jones |
Kelly 144 |
Kelly 36 |
King |
Kingery |
Kratky |
Kuessner |
Lager |
Lawson |
Lembke |
LeVota |
Liese |
Lipke |
Lowe |
Luetkemeyer |
Marsh |
May |
Mayer |
McKenna |
Meiners |
Merideth |
Moore |
Morris |
Muckler |
Munzlinger |
Myers |
Nieves |
Page |
Parker |
Pearce |
Phillips |
Portwood |
Pratt |
Purgason |
Quinn |
Ransdall |
Rector |
Richard |
Roark |
Ruestman |
Rupp |
Sager |
Salva |
Sander |
Schaaf |
Schlottach |
Schneider |
Schoemehl |
Seigfreid |
Selby |
Self |
Shoemaker |
Shoemyer |
Skaggs |
Smith 118 |
Smith 14 |
Spreng |
St. Onge |
Stefanick |
Stevenson |
Sutherland |
Taylor |
Thompson |
Threlkeld |
Townley |
Viebrock |
Villa |
Vogt |
Walker |
Wallace |
Walsh |
Walton |
Ward |
Wasson |
Whorton |
Wildberger |
Willoughby |
Wilson 119 |
Wilson 130 |
Wilson 25 |
Wilson 42 |
Witte |
Wood |
Wright |
Yaeger |
Yates |
Young |
Zweifel |
Madam Speaker |
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NOES: 000 |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 003 |
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Miller |
Reinhart |
Wagner |
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Representative Black declared the bill passed.
HOUSE RESOLUTION
HR 180, relating to Ethics Committee Rules of Procedure, was taken up by Representative Crowell.
On motion of Representative Crowell, HR 180 was adopted by the following vote:
AYES: 160 |
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Abel |
Adams |
Angst |
Avery |
Baker |
Barnitz |
Bean |
Bearden |
Behnen |
Bishop |
Bivins |
Black |
Bland |
Bough |
Boykins |
Bringer |
Brooks |
Brown |
Bruns |
Burnett |
Byrd |
Campbell |
Carnahan |
Cooper 120 |
Cooper 155 |
Corcoran |
Crawford |
Crowell |
Cunningham 145 |
Cunningham 86 |
Curls |
Darrough |
Daus |
Davis 122 |
Davis 19 |
Deeken |
Dempsey |
Dethrow |
Dixon |
Donnelly |
Dougherty |
Dusenberg |
El-Amin |
Emery |
Engler |
Ervin |
Fares |
Fraser |
George |
Goodman |
Graham |
Green |
Guest |
Hampton |
Harris 110 |
Harris 23 |
Haywood |
Henke |
Hilgemann |
Hobbs |
Holand |
Hoskins |
Hubbard |
Hunter |
Icet |
Jackson |
Jetton |
Johnson 47 |
Johnson 61 |
Johnson 90 |
Jolly |
Jones |
Kelly 144 |
Kelly 36 |
King |
Kingery |
Kratky |
Kuessner |
Lager |
Lawson |
Lembke |
LeVota |
Liese |
Lipke |
Lowe |
Luetkemeyer |
Marsh |
May |
Mayer |
McKenna |
Meiners |
Merideth |
Moore |
Morris |
Muckler |
Munzlinger |
Myers |
Nieves |
Page |
Parker |
Pearce |
Phillips |
Portwood |
Pratt |
Purgason |
Quinn |
Ransdall |
Rector |
Richard |
Roark |
Ruestman |
Rupp |
Sager |
Salva |
Sander |
Schaaf |
Schlottach |
Schneider |
Schoemehl |
Seigfreid |
Selby |
Self |
Shoemaker |
Shoemyer |
Skaggs |
Smith 118 |
Smith 14 |
Spreng |
St. Onge |
Stefanick |
Stevenson |
Sutherland |
Taylor |
Thompson |
Threlkeld |
Townley |
Viebrock |
Villa |
Vogt |
Walker |
Wallace |
Walsh |
Walton |
Ward |
Wasson |
Whorton |
Wildberger |
Willoughby |
Wilson 119 |
Wilson 130 |
Wilson 25 |
Wilson 42 |
Witte |
Wood |
Wright |
Yaeger |
Yates |
Young |
Zweifel |
Madam Speaker |
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NOES: 000 |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 003 |
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Miller |
Reinhart |
Wagner |
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REFERRAL OF HOUSE CONCURRENT RESOLUTIONS
The following House Concurrent Resolutions were referred to the Committee indicated:
HCR 3 - Agriculture
HCR 4 - Rules
HCR 5 - Agriculture
HCR 7 - Workforce Development and Workplace Safety
HCR 9 - Job Creation and Economic Development
HCR 10 - Job Creation and Economic Development
HCR 11 - Education
RE-REFERRAL OF HOUSE BILL
The following House Bill was re-referred to the Committee indicated:
HB 154 - Children and Families
COMMITTEE REPORT
Committee on Crime Prevention and Public Safety, Chairman Mayer reporting:
Madam Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred HB 198, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment No. 1.
House Committee Amendment No. 1
AMEND House Bill No. 198, Page 1, Section 544.170, Line 1 of said section, by deleting said section and by inserting in lieu thereof the following:
“544.170. 1. Except as provided in subsection 2 of this section, all persons arrested and confined in any jail or other place of confinement by any peace officer, without warrant or other process, for any alleged breach of the peace or other criminal offense, or on suspicion thereof, shall be discharged from said custody within twenty hours from the time of such arrest, unless they shall be charged with a criminal offense by the oath of some credible person, and be held by warrant to answer to such offense.
2. Upon a determination by the commanding officer, or the delegate thereof, of the law enforcement agency making such an arrest, a person arrested for any of the following offenses without warrant or other process of law shall be released from custody within [twenty-four] thirty hours of arrest, unless the person is charged and held pursuant to a warrant to answer for such offense:
(1) First degree murder pursuant to section 565.020, RSMo;
(2) Second degree murder pursuant to section 565.021, RSMo;
(3) First degree assault pursuant to section 565.050, RSMo;
(4) Forcible rape pursuant to section 566.030, RSMo;
(5) Forcible sodomy pursuant to section 566.060, RSMo;
(6) First degree robbery pursuant to section 569.020, RSMo; or
(7) Distribution of drugs pursuant to section 195.211, RSMo.
3. In any confinement to which the provisions of this section apply, the confinee shall be permitted at any reasonable time to consult with counsel or other persons acting on the confinee's behalf.
4. Any person who violates the provisions of this section, by refusing to release any person who is entitled to release pursuant to this section, or by refusing to permit a confinee to consult with counsel or other persons, or who transfers any such confinees to the custody or control of another, or to another place, or who falsely charges such person, with intent to avoid the provisions of this section, is guilty of a class A misdemeanor.”.
MESSAGE FROM THE GOVERNOR
EXECUTIVE OFFICE
January 31, 2003
TO THE CHIEF CLERK OF THE
HOUSE OF REPRESENTATIVES
FIRST REGULAR SESSION
92ND GENERAL ASSEMBLY
STATE OF MISSOURI
Herewith I return to you House Concurrent Resolution No. 6 entitled:
"AN ACT"
Rejecting the Compensation Schedule of the 2002 Report and Compensation Schedule of the Missouri Citizens Commission on Compensation for Elected Officials dated November 27, 2002.
On January 31, 2003, I approved said House Concurrent Resolution No. 6.
Respectfully submitted,
/s/ Bob Holden
Governor
The following member's presence was noted: Wagner.
ADJOURNMENT
On motion of Representative Goodman, the House adjourned until 10:00 a.m., Tuesday, February 4, 2003.
COMMITTEE MEETINGS
ADMINISTRATION AND ACCOUNTS
Thursday, February 6, 2003, 9:00 a.m. Hearing Room 1.
Financial report from Accounting. Discussion salary scale for Legislator Assistants.
Update on House ID for incumbents.
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
Tuesday, February 4, 2003, 8:00 a.m. Hearing Room 4.
Department of Natural Resources and Department of Conservation.
APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES
Tuesday, February 4, 2003, 2:30 p.m. Hearing Room 4.
Department of Natural Resources and Department of Conservation
APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES
Wednesday, February 5, 2003, 8:00 a.m. Hearing Room 4.
Department of Natural Resources and Department of Conservation.
APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES
Wednesday, February 5, 2003, 2:30 p.m. Hearing Room 4.
Department of Natural Resources and Department of Conservation
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
Tuesday, February 4, 2003, 2:30 p.m. Hearing Room 7.
AMENDED NOTICE.
Department of Revenue. Judiciary.
APPROPRIATIONS - GENERAL ADMINISTRATION
Wednesday, February 5, 2003, 2:30 p.m. Hearing Room 7.
Office of the State Auditor, Office of the Secretary of State
and Office of the State Treasurer.
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
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.
APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT
Wednesday, February 5, 2003, 8:00 a.m. Hearing Room 7.
Public testimony from Insurance, Labor & Industrial Relations
and Economic Development. Continued upon a.m. adjournment.
BUDGET
Tuesday, February 4, 2003, 7:30 p.m. Hearing Room 3.
Executive Session may follow.
Public Hearing to be held on: HB 15
BUDGET
Wednesday, February 5, 2003, 7:30 p.m. Hearing Room 3.
Executive Session may follow.
Public Hearing to be held on: HB 15
CHILDREN AND FAMILIES
Tuesday, February 4, 2003, 5:00 p.m. Hearing Room 1.
Public Hearing to be held on: HB 219
COMMUNICATIONS, ENERGY, AND TECHNOLOGY
Tuesday, February 4, 2003, 12:00 p.m. Hearing Room 3.
AMENDED NOTICE.
Public Hearing to be held on: HB 157, HB 208, HB 311
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
Tuesday, February 4, 2003, 5:00 p.m. Hearing Room 3.
AMENDED NOTICE.
Public Hearing to be held on: HB 63, HB 163, HB 164, HB 167, HB 168, HB 209
Executive Session to be held on: HB 212, HB 229
ELECTIONS
Tuesday, February 4, 2003, 5:00 p.m. Hearing Room 7.
Public Hearing to be held on: HB 99, HJR 6, HJR 9
ETHICS
Tuesday, February 4, 2003, 5:00 p.m. Hearing Room 4.
Approval of Caucuses.
Executive Session to follow.
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.
AMENDED NOTICE.
Public Hearing to be held on: HB 121, HB 156
JOB CREATION AND ECONOMIC DEVELOPMENT
Wednesday, February 5, 2003, 12:00 p.m. Hearing Room 6.
Executive Session may follow.
Public Hearing to be held on: HB 277
JUDICIARY
Wednesday, February 5, 2003, 12:00 p.m. Hearing Room 1.
Informational session medical malpractice issues.
Executive Session to be held on: HB 254
LOCAL GOVERNMENT
Thursday, February 6, 2003, 8:30 a.m. Hearing Room 6.
Executive Session may follow.
Public Hearing to be held on: HB 58, HB 97, HB 184, HB 242
PROFESSIONAL REGISTRATION AND LICENSING
Tuesday, February 4, 2003, 12:00 p.m. Hearing Room 4.
AMENDED NOTICE.
Public Hearing to be held on: HB 171
RULES
Thursday, February 6, 2003, 8:30 a.m. Hearing Room 5.
Executive Session to follow.
Public Hearing to be held on: HR 36, HR 128
SENIOR SECURITY
Tuesday, February 4, 2003, 5:00 p.m. Hearing Room 6.
Public Hearing to be held on: HB 47, HB 260
SMALL BUSINESS
Wednesday, February 5, 2003, 12:00 p.m. Hearing Room 4.
Public Hearing to be held on: HB 236
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.
AMENDED NOTICE.
Public Hearing to be held on: HB 245
Executive Session to be held on: HB 144, HB 245
TRANSPORTATION AND MOTOR VEHICLES
Wednesday, February 5, 2003, 12:00 p.m. Hearing Room 7.
AMENDED NOTICE.
Public Hearing to be held on: HB 75, HB 96, HB 160, HB 187, HB 247, HB 265
HOUSE CALENDAR
FIFTEENTH DAY, TUESDAY, FEBRUARY 4, 2003
HOUSE BILLS FOR SECOND READING
HB 349 through HB 354
HOUSE BILLS FOR PERFECTION
HCS HB 288 - Jetton
HB 198, HCA 1 - Stevenson