Journal of the House

First Regular Session, 92nd General Assembly

TWENTY-FOURTH DAY, Wednesday, February 19, 2003

         Speaker Hanaway in the Chair.

         Prayer by Father James Smith.

           Wisdom 9: 1-7, 9-11, 17-18 Adapted

           God of our fathers, Lord of mercy, You who made all things by Your word and in Your wisdom have established humanity to rule the creatures produced by You, to govern the world in holiness and justice, and to render judgment in integrity of heart: Give us wisdom, the attendant at Your throne, and reject us not from among Your children; For we are Your servants, the sons and daughters of Your handmaid, weak, short-lived, lacking in comprehension of judgment and of laws. Indeed, though one be perfect among the sons of men, if Wisdom, who comes from You be not with him, he shall be held in no esteem. You have chosen leaders over Your people and magistrates for Your sons and daughters.

           Now with You is Wisdom, who knows Your works and was present when You made the world; Who understands what is pleasing in Your eyes and what is conformable with Your commands. Send her forth from Your holy heavens and from Your glorious throne dispatch her that she may be with us and work with us, that we may know what is Your pleasure. For she knows and understands all things, and will guide us discreetly in our affairs, and safeguard us by her glory.

           Who ever knew Your counsel, except You had given Wisdom and sent Your Holy Spirit from on high? Thus, the paths of those on earth were made straight, and we learned what is Your pleasure, and were saved by Wisdom. 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: Caleb Messer, Charity Ketcham, Mariah Sterling, Croix Sterling, Kala Hunting and Alexis Hunting.

         The Journal of the twenty-third day was approved as printed.

         Representative Quinn assumed the Chair.

         Representative Crowell moved that Rule 113 be suspended to receive guests of Representative Quinn for special recognition.

         Which motion was adopted by the following vote:

         Heather Shauck, FFA President, addressed the House.

         Speaker Hanaway resumed the Chair.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 431 - Representative Whorton

House Resolution No. 432 - Representative Liese

House Resolution No. 433 - Representative Darrough

House Resolution No. 434 - Representative Muckler

House Resolution No. 435 - Representative Jetton

House Resolution No. 436 - Representative Bringer

         House Resolution No. 437 - Representative Jackson

House Resolution No. 438 - Representative Rupp

House Resolution No. 439

                       through

House Resolution No. 442 - Representative Hobbs

         House Resolution No. 443 - Representative Johnson (61)

         House Resolution No. 444 - Representative Guest

House Resolution No. 445 - Representative Adams

House Resolution No. 446 - Representatives Wagner and Abel

House Resolution No. 447 - Representative Wagner

         House Resolution No. 448 - Representative Kratky

INTRODUCTION OF HOUSE BILLS

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

HB 505, introduced by Representatives Byrd and Villa, relating to merchandising practices for motor vehicle rentals and subleasing.

HB 506, introduced by Representative Johnson (47), relating to workers' compensation.

HB 507, introduced by Representatives Hubbard, Sanders Brooks, Parker, Kelly (36), Avery, Engler, Hoskins, Carnahan, El-Amin, Jetton, Cooper (155), Hanaway, Wildberger, Lawson and Thompson, et al, relating to a vaccination program for first responders in disaster locations.

HB 508, introduced by Representatives Walton, Hoskins and Parker, relating to fire protection district directors and firefighter employers and employees.

HB 509, introduced by Representatives Schaaf, Page, Harris (23) and Cooper (155), et al, relating to physical therapists.

HB 510, introduced by Representatives Hilgemann, Jones, Lowe, Campbell, Wilson (42), Boykins, Riback Wilson (25), Fraser, Haywood, Sanders Brooks and Hubbard, et al, relating to human rights.

HB 511, introduced by Representatives Deeken, May, Cooper (120), Seigfreid, Jetton, Wagner and Dempsey, et al, relating to elections.

HB 512, introduced by Representatives Cooper (120), Jetton, Skaggs and Bishop, et al, relating to warehouse and self-service storage facilities.

HB 513, introduced by Representatives Corcoran, Zweifel, Liese, Walsh, Darrough, Spreng and George, et al, relating to the secretary of state.

HB 514, introduced by Representatives Cooper (120), Stevenson, Sutherland, Goodman, Smith (118) and Yates, relating to income taxation.

HB 515, introduced by Representatives Cooper (120), Stevenson, Sutherland, Goodman and Smith (118), et al, relating to Missouri income tax returns.

HB 516, introduced by Representatives Hobbs, Portwood, Hunter, Yates, Bearden, Cooper (120), Crowell, Shoemaker (8), Munzlinger, Pearce, Lembke, Kingery, Rupp, Richard, Guest, Dixon, Cunningham (86), Ervin, Dempsey, Parker, Brown, Cooper (155), Goodman, Baker, Luetkemeyer and Wood, et al, relating to income taxation.

HB 517, introduced by Representatives Lembke, Jetton, Portwood, Roark, Avery, Green, Baker, Bearden, Hanaway, El-Amin, Hubbard, Corcoran, Schneider, Bivins, Stefanick, Ervin, Schaaf and Bruns, et al, relating to taxation of real property.

HB 518, introduced by Representatives Portwood, Myers, Jackson, Nieves, Schlottach, Black, Stefanick, Icet and Pearce, relating to depreciation of tangible personal property.

SECOND READING OF HOUSE BILLS

         HB 490 through HB 504 were read the second time.

SECOND READING OF SENATE BILLS

         SB 14, SB 68, SB 101, SB 121 and SB 143 were read the second time.

PERFECTION OF HOUSE BILLS

         HCS HB 321, relating to workers’ compensation, was taken up by Representative Wilson (130).

         Representative Wilson (130) offered HS HCS HB 321.

         Representative Johnson (90) made a privileged motion to recommit HCS HB 321 to committee pursuant to Rule 69.

         Which motion was defeated by the following vote:

         Representative Johnson (90) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill No. 321, Page 7, Line 20, by inserting immediately after said line the following:

           “287.062. Disease of the lungs or respiratory tract or disease of the heart or cardiovascular system, including carcinoma, shall be recognized as occupational diseases for the purposes of this chapter, are defined to be disability due to exposure to smoke, gases, or inadequate oxygen, for peace officers certified pursuant to chapter 590, RSMo.”; and

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

         Representative Pratt offered House Substitute Amendment No. 1 for House Amendment No. 1.

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

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

House Substitute Amendment No. 2

for

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill No. 321, Page 9, Section 287.067, Line 13 of said page, by adding the following at the end of said line:

           “ and peace officers pursuant to Chapter 590, RSMo.”; and

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

         Representative Johnson (90) offered House Amendment No. 1 to House Substitute Amendment No. 2 for House Amendment No. 1.

House Amendment No. 1

to

House Substitute Amendment No. 2

for

House Amendment No. 1

AMEND House Substitute Amendment No. 2 for House Amendment No. 1 to House Substitute for House Committee Substitute for House Bill No. 321, by inserting the word “certified” between the words “officers” and “pursuant”; and

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

         On motion of Representative Johnson (90), House Amendment No. 1 to House Substitute Amendment No. 2 for House Amendment No. 1 was adopted.

         On motion of Representative Pratt, House Substitute Amendment No. 2 for House Amendment No. 1, as amended, was adopted by the following vote:

         Speaker Pro Tem Jetton assumed the Chair.

         Representative Sager offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill No. 321, Page 32, Section 287.715, Line 22, by inserting immediately after said line the following:

          “287.780. No employer or agent shall discharge or in any way discriminate against any employee for exercising any of his or her rights under this chapter. Any employee who has been discharged or discriminated against shall have a civil action for damages against his or her employer. In any action for retaliatory discharge pursuant to this section, an employee shall prevail if the exercise of said employee’s rights pursuant to this chapter was the dominant factor in that employee’s discharge.”; and

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

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

         Which motion was defeated by the following vote:

         Representative Burnett offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bill No. 321, Page 33, Section 287.803, by deleting all of said section from the House Substitute; and

           Further amend title, enacting clause and intersectional references accordingly.

         Representative Smith (118) offered House Substitute Amendment No. 1 for House Amendment No. 3.

House Substitute Amendment No. 1

for

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bill No. 321, Page 33, Section 287.803(2), Line 22, by adding after said line the following:

           “, and said waiver shall include a statement agreeing to a prohibition of future civil action relating to an injury arising during said employment.”.

         Representative Johnson (90) raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 3 is not a true substitute amendment.

         The Chair ruled the point of order not well taken.

         On motion of Representative Smith (118), House Substitute Amendment No. 1 for House Amendment No. 3 was adopted.

         Representative Lowe offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for House Bill No. 321, Page 11, Section 287.120, Line 24, by deleting the bracket; and

           Further amend said bill, Page 12, Section 287.120, Line 2, by inserting a bracket at the end of said line; and

           Further amend said bill, Page 11, Section 287.120, Line 22, by inserting after the word “provided” the following:

           “that it is shown that the employee was provided with the written rules and policies of the employer regarding the use of drugs and alcohol and signed a document testifying that the employee had read and understood these rules.”; and

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

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

         Which motion was defeated by the following vote:

         Speaker Hanaway resumed the Chair.

         Representative Walker offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Committee Substitute for House Bill No. 321, Page 34, Section 287.803, Line 5, by inserting immediately after said line the following:

           “Section A. Whenever it can be determined that a violation of this chapter has occurred for which a misdemeanor or felony penalty applies, the non-violation party shall have the right to maintain a civil action for all damages occasioned as a result of such violation.”; and

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

         Representative Walker moved that House Amendment No. 5 be adopted.

         Which motion was defeated by the following vote:

         Representative Seigfreid offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Committee Substitute for House Bill No. 321, Page 3, Section 287.020, Line 16, by deleting the bracket; and

           Further amend said bill, Page 3, Section 287.020, Line 18, by deleting the bracket; and

           Further amend said bill, Page 3, Section 287.020, Lines 19-20, by deleting the entirety of said lines and inserting in lieu thereof the following:

           “producing at the time objective symptoms of an injury. [An injury is”; and

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

         Representative Luetkemeyer assumed the Chair.

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

         Which motion was defeated.

         Speaker Pro Tem Jetton resumed the Chair.

         Representative Johnson (90) offered House Amendment No. 7.

House Amendment No. 7

AMEND House Substitute for House Committee Substitute for House Bill No. 321, Page 20, Section 287.610, by removing all of said section from the House Substitute; and

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

         Representative Johnson (90) moved that House Amendment No. 7 be adopted.

         Which motion was defeated by the following vote:

         Representative Burnett offered House Amendment No. 8.

House Amendment No. 8

AMEND House Substitute for House Committee Substitute for House Bill No. 321, Section 287.120, Page 10, Line 11, of said page, by inserting after the word "person." the following:

           "If an employer denies compensation benefits, the employee or employee's survivors may pursue a civil action for damages at common law without the necessity of pursuing a hearing of the compensation claim before the division or commission." ; and

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

         Representative Burnett moved that House Amendment No. 8 be adopted.

         Which motion was defeated.

         On motion of Representative Wilson (130), HS HCS HB 321, as amended, was adopted.

         Speaker Hanaway resumed the Chair.

         On motion of Representative Wilson (130), HS HCS HB 321, as amended, was ordered perfected and printed by the following vote:

         HB 254, relating to the Uniform Electronic Transaction Act, was taken up by Representative Byrd.

         On motion of Representative Byrd, HB 254 was ordered perfected and printed by the following vote: