Journal of the House

First Regular Session, 92nd General Assembly

TWENTY-FIFTH DAY, Thursday, February 20, 2003

         Speaker Hanaway in the Chair.

         Prayer by Reverend Donald Lammers, Pastor, St. Peter Church, Jefferson City, Mo.

           God, source of all freedom, creator of all material things, we too, are the work of Your hands.

           Guide us in our work today, that we may do it, not for self alone, but for the common good.

           Give us the insight to see things as they are, that we may speak, plan and decide wisely.

           Grant us, as an assembly, the courage and right judgment to do our part in providing “homeland security”, sufficient employment for all our people, education for our youth and children, and for those too weak to provide for themselves the basic needs of life.

           God, Father of all humankind, cause all the cultures and nations of the world to become capable of living together in peace.

           In these days of threat of war, inspire the minds of our President and of other leaders of nations to find a way to resolve the extreme crisis before us without going to war.

           Through the Holy Spirit, may we pray in our hearts for peace throughout this day. In Your holy name, O God, we pray. Amen.

         The Pledge of Allegiance to the flag was recited.

         The Speaker appointed the following to act as an Honorary Page for the Day, to serve without compensation: Windsor Esther.

         The Journal of the twenty-fourth day was approved as corrected.

         Representative Crowell moved that Rule 113 be suspended to receive guests of Representatives Rector and Shoemyer (9) for special recognition.

         Which motion was adopted by the following vote:

HOUSE RESOLUTION

         House Resolution No. 450 was taken up by Representative Shoemyer (9) and read.

HOUSE RESOLUTION NO. 450

           WHEREAS, it is with utmost respect that the members of the Missouri House of Representatives pause in their daily legislative endeavors in order to recognize those Show-Me State residents who truly embody the concept of Outstanding Missourian through their deeds and achievements; and

           WHEREAS, seventy-two-year-old Bill Henderson and his forty-year-old son, David Henderson, have attained distinction as pharmacists who own and operate Henderson's Drug Store in Glasgow, Missouri; and

           WHEREAS, one hundred sixty-one years ago Bill Henderson's great-grandfather, Osborne Henderson, purchased an apothecary shop from his colleague, Dr. Ober, after a particularly harrowing experience as the doctor's assistant led him to decide not to enter the medical field as a physician; and

           WHEREAS, noted for its green and white tile floor with the name "Henderson's" incorporated into the design, Henderson's Drug Store has remained in the family's talented, dedicated hands ever since; and

           WHEREAS, located at three different sites over the years, Henderson's Drug Store today is housed in the same building to which it was moved in 1916 with the pharmacy in the back and an old-fashioned soda fountain and hamburger grill near the entrance; and

           WHEREAS, Bill and David Henderson fill prescriptions all 365 days of the year at any time of night or day, and take pride in delivering orders to those customers who can't pick them up in person; and

           WHEREAS, in keeping with the small-town tradition of family-run businesses, Bill's wife, Delma; David's wife, Sarah; and longtime employees, Jeanie Strodtman and Susan Peuster, have proven to be an integral part of the Henderson's Drug Store business by waiting on customers at the soda fountain any time the pharmacists are busy providing much-needed medications to people in the tri-county area:

           NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-second General Assembly, join unanimously to applaud the exceptional history of unparalleled service wrought by the father-son pharmacist team of Bill and David Henderson and to convey to them this legislative body's heartiest congratulations and best wishes as they carry on a five-generation-long family business; and

           BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for Outstanding Missourians Bill and David Henderson of Glasgow, Missouri.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 449 - Representative Rector

House Resolution No. 450 - Representative Shoemyer (9)

         House Resolution No. 451 - Representative Kuessner

House Resolution No. 452 - Representative Jones

House Resolution No. 453 - Representative Jolly

House Resolution No. 454

                        through

House Resolution No. 456 - Representative Miller

         House Resolution No. 457 - Representative Seigfreid

         House Resolution No. 458 - Representative Bruns

         House Resolution No. 459 - Representative May

         House Resolution No. 460 - Representative Schneider

         House Resolution No. 461 - Representative Salva

         House Resolution No. 462 - Representative Crowell

MESSAGE FROM THE SENATE

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS #2 SCS HB 401, entitled:

         An act to repeal sections 8.370, 8.400, and 8.420, RSMo, and to enact in lieu thereof thirteen new sections relating to the board of public buildings, with an emergency clause and a termination date for certain sections.

         With Senate Amendment No. 1, Senate Amendment No. 2, Senate Amendment No. 3 and Senate Amendment No. 6.

Senate Amendment No. 1

AMEND Senate Substitute No. 2 for Senate Committee Substitute for House Bill No. 401, Page 4, Section 8.400, Line 4, by inserting immediately after the word “and” the words “to restore”; and

           Further amend Section 8.601, Page 5, Line 26, by inserting immediately after “8.601.” the following:

           “The tobacco settlement financing authority and the board of public buildings shall have no further authority to issue bonds and notes pursuant to”; and

           Further amend said page and section, Lines 26 and 27, by striking the words “shall terminate”.

Senate Amendment No. 2

AMEND Senate Substitute No. 2 for Senate Committee Substitute for House Bill No. 401, Page 5, Section 8.601, Line 27, by inserting after all of said line the following:

           “Section 1. The provisions of sections 8.500 to 8.590 shall terminate upon the satisfaction of all outstanding notes and obligations issued pursuant to such sections. The commissioner of the office of administration shall notify the revisor of statutes when all outstanding notes and obligations have been satisfied.”; and

           Further amend the title and enacting clause accordingly.

Senate Amendment No. 3

AMEND Senate Substitute No. 2 for Senate Committee Substitute for House Bill No. 401, Page 5, Section 8.420, Line 25, by inserting immediately after “8.450” the following: “or sections 8.625 to 8.649”.

Senate Amendment No. 6

AMEND Senate Substitute No. 2 for Senate Committee Substitute for House Bill No. 401, Page 11, Section 8.640, Line 5, by striking “8.370” and inserting in lieu thereof the following: “8.625”.

         Emergency Clause adopted.

         In which the concurrence of the House is respectfully requested.

HOUSE BILL WITH SENATE AMENDMENTS

         SS #2 SCS HB 401, as amended, relating to the board of public buildings, was taken up by Representative Pratt.

         Representative Pratt moved that the House refuse to adopt SS #2 SCS HB 401, as amended, and request the Senate to recede from its position or, failing to do so, grant the House a conference.

         Which motion was withdrawn.

INTRODUCTION OF HOUSE BILL - APPROPRIATIONS

         The following House Bill was read the first time and copies ordered printed:

HB 13, introduced by Representative Bearden, to appropriate money for real property leases, related services, utilities, systems furniture, and structural modifications 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, and to appropriate money for capital improvements and the other expenses of the Office of Administration and the divisions and programs thereof, and to transfer money among certain funds for the period beginning July 1, 2003 and ending June 30, 2005.

INTRODUCTION OF HOUSE JOINT RESOLUTIONS

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

HJR 16, introduced by Representatives Brown, Avery, Angst, Jackson, Jetton, Ransdall, Schaaf, Deeken, Moore, Dixon, Sutherland, Munzlinger and Dempsey, et al, relating to taxation of veterans’ organizations.

HJR 17, introduced by Representative Threlkeld, relating to allocation of certain sales tax revenue.

INTRODUCTION OF HOUSE BILLS

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

HB 519, introduced by Representatives Bivins, Icet and Emery, et al, relating to environmental audit privileges.

HB 520, introduced by Representative Parker, relating to the nurse licensure compact.

HB 521, introduced by Representatives Dethrow, LeVota, Wasson, Wilson (119), Kuessner, Purgason, Munzlinger, Bruns and Wildberger, et al, relating to the Missouri Fire Education Trust Fund.

HB 522, introduced by Representatives Dixon, Walker, Kingery, Wright and Wallace, et al, relating to the regulations and licensing of the practice of naturopathic medicine.

HB 523, introduced by Representatives Dusenberg and Crawford, relating to licensing requirements.

HB 524, introduced by Representatives Dusenberg, Crawford and Skaggs, relating to excursion gambling boat fees.

HB 525, introduced by Representative Byrd, relating to the rights of shareholders, officers and directors of corporations.

HB 526, introduced by Representatives Jackson, Icet and Stefanick, relating to the power of local school boards to allow the posting of certain historical documents regardless of religious content.

HB 527, introduced by Representatives Myers, Black, Mayer, Bean, Crowell, Jetton and Merideth, et al, relating to the supply of electrical power and energy to certain large industrial customers.

HB 528, introduced by Representatives Sutherland and Riback Wilson (25), relating to eviction notice provisions for manufactured or mobile home land lease communities.

HB 529, introduced by Representatives Sutherland, Pearce and Stefanick, et al, relating to powers and duties of the state board of education.

HB 530, introduced by Representatives Schaaf, Harris (23), Jones, Engler, Bruns, Hoskins, Yaeger, Fraser, Meiners, Campbell and Hilgemann, et al, relating to health care.

HB 531, introduced by Representatives Parker, Hilgemann and Byrd, et al, relating to compulsory attendance age for public schools.

HB 532, introduced by Representatives Zweifel, Whorton, Corcoran and Sager, et al, relating to property insurance.

HB 533, introduced by Representatives Zweifel, Corcoran, Johnson (90) and Darrough, et al, relating to employee rights.

HB 534, introduced by Representatives Muckler, Haywood and Fraser, et al, relating to Medicaid coverage for circumcisions.

HB 535, introduced by Representative Threlkeld, relating to the designation of the official flying mammal of the state of Missouri.

HB 536, introduced by Representatives Bishop, LeVota, Zweifel, Jones, Carnahan, Wilson (42), Fraser, Sager, Willoughby, Sanders Brooks, Dougherty and Jolly, et al, relating to nonpublic personal health information.

HB 537, introduced by Representatives Dixon, Icet, Wallace, Richard, Wasson and Sander, et al, relating to qualification of voters.

HB 538, introduced by Representatives Dixon, Viebrock, Taylor, Bivins, Sager, Icet, Avery and Goodman, et al, relating to law enforcement records.

HB 539, introduced by Representatives Dixon, Viebrock, Bivins, Avery, Schneider and Wallace, et al, relating to victims' rights.

HB 540, introduced by Representatives Schneider, Deeken, Fares, Johnson (47), Wallace, Cooper (155) and Schaaf, et al, relating to nonhospital certificates of need.

HB 541, introduced by Representative Willoughby, relating to utilities.

SECOND READING OF HOUSE BILLS

         HB 505 through HB 518 were read the second time.

         Representative Rector assumed the Chair.

         Representative Crowell suggested the absence of a quorum.

         The following roll call indicated a quorum present:

         Speaker Hanaway resumed the Chair.

THIRD READING OF HOUSE BILL

         HCS HB 288, relating to the Classroom Trust Fund, was taken up by Representative Jetton.

         On motion of Representative Jetton, HCS HB 288 was read the third time and passed by the following vote:

         Speaker Hanaway declared the bill passed.

HOUSE BILL WITH SENATE AMENDMENTS

         SS #2 SCS HB 401, as amended, relating to the board of public buildings, was taken up by Representative Bearden.

         On motion of Representative Bearden, SS #2 SCS HB 401, as amended, was adopted by the following vote:

         On motion of Representative Bearden, SS #2 SCS HB 401, as amended, was truly agreed to and finally passed by the following vote:

         Speaker Hanaway declared the bill passed.

         The emergency clause was adopted by the following vote:

REFERRAL OF HOUSE CONCURRENT RESOLUTIONS

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

HCR 13 - Education

HCR 15 - Health Care Policy

HCR 16 - Transportation and Motor Vehicles

HCR 17 - Budget

REFERRAL OF HOUSE BILLS

         The following House Bills were referred to the Committee indicated:

HS HCS HB 321 - Budget (Fiscal Note)

HB 388 - Local Government

HB 411 - Crime Prevention and Public Safety

HB 451 - Workforce Development and Workplace Safety

HB 452 - Professional Registration and Licensing

HB 453 - Workforce Development and Workplace Safety

HB 454 - Judiciary

HB 455 - Health Care Policy

HB 456 - Retirement

HB 457 - Agriculture

HB 458 - Tax Policy

HB 459 - Health Care Policy

HB 460 - Financial Services

HB 461 - Small Business

HB 462 - Local Government

HB 463 - Local Government

HB 464 - Agriculture

HB 465 - Health Care Policy

HB 466 - Transportation and Motor Vehicles

HB 467 - Workforce Development and Workplace Safety

HB 468 - Judiciary

HB 470 - Crime Prevention and Public Safety

HB 471 - Crime Prevention and Public Safety

HB 472 - Local Government

HB 473 - Retirement

HB 474 - Local GovernmentHB 478 - Transportation and Motor Vehicles

HB 479 - Financial Services

HB 480 - Small Business

HB 481 - Health Care Policy

HB 482 - Judiciary

HB 483 - Transportation and Motor Vehicles

HB 486 - Transportation and Motor Vehicles

HB 488 - Job Creation and Economic Development

HB 489 - Education

HB 490 - Financial Services

HB 491 - Transportation and Motor Vehicles

HB 492 - Professional Registration and Licensing

HB 493 - Transportation and Motor Vehicles

HB 494 - Agriculture

HB 497 - Children and Families

HB 498 - Senior Security

HB 499 - Education

HB 500 - Judiciary

HB 501 - Financial Services

HB 503 - Tax Policy

HB 504 - Judiciary

HB 505 - Transportation and Motor Vehicles

HB 506 - Workforce Development and Workplace Safety

HB 507 - Health Care Policy

HB 508 - Local Government

HB 509 - Professional Registration and Licensing

HB 511 - Elections

HB 512 - Small Business

HB 513 - Crime Prevention and Public Safety

HB 514 - Tax Policy

HB 515 - Tax Policy

HB 516 - Senior Security

HB 517 - Senior Security

RE-REFERRAL OF HOUSE BILL

         The following House Bill was re-referred to the Committee indicated:

HB 477 - Corrections and State Institutions

COMMITTEE REPORTS

         Committee on Budget, Chairman Bearden reporting:

         Madam Speaker: Your Committee on Budget, to which was referred HB 286, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

         Committee on Communications, Energy and Technology, Chairman Rector reporting:

         Madam Speaker: Your Committee on Communications, Energy and Technology, to which was referred HB 208, begs leave to report it has examined the same and recommends that it Do Pass by Consent with House Committee Amendment No. 1.

House Committee Amendment No. 1

Amend House Bill No. 208, Page 1, Section 393.110, Line 13, by inserting after said line the following:

           “Nothing in this section shall be construed as amended or superseding the commission’s authority granted in subsection 1 of section 386.310, RSMo, in section 393.106, and sections 386.800 and 394.312, RSMo.”; and

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

         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 91, begs leave to report it has examined the same and recommends that it Do Pass.

         Committee on Education, Chairman Cunningham (86) reporting:

         Madam Speaker: Your Committee on Education, to which was referred HB 281, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

         Committee on Health Care Policy, Chairman Holand reporting:

         Madam Speaker: Your Committee on Health Care Policy, to which was referred HB 156, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

         Committee on Judiciary, Chairman Byrd reporting:

         Madam Speaker: Your Committee on Judiciary, to which was referred HB 273, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

         Committee on Local Government, Chairman Johnson (47) reporting:

         Madam Speaker: Your Committee on Local Government, to which was referred HB 166, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

         Madam Speaker: Your Committee on Local Government, to which was referred HB 181, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

         Committee on Professional Registration and Licensing, Chairman Behnen reporting:

         Madam Speaker: Your Committee on Professional Registration and Licensing, to which was referred HB 390, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

         Committee on Retirement, Chairman Smith (118) reporting:

         Madam Speaker: Your Committee on Retirement, to which was referred HB 131, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

         Madam Speaker: Your Committee on Retirement, to which was referred HB 152 and HB 180, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

         Committee on Rules, Chairman Crowell reporting:

         Madam Speaker: Your Committee on Rules, to which was referred HB 412, begs leave to report it has examined the same and recommends that it Do Pass.

         Committee on Tourism and Cultural Affairs, Chairman Marsh reporting:

         Madam Speaker: Your Committee on Tourism and Cultural Affairs, to which was referred HB 222, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

         Committee on Transportation and Motor Vehicles, Chairman Crawford reporting:

         Madam Speaker: Your Committee on Transportation and Motor Vehicles, to which was referred HB 75, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

         Madam Speaker: Your Committee on Transportation and Motor Vehicles, to which was referred HB 187, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

SUPPLEMENTAL CALENDAR

(February 20, 2003)

HOUSE BILL FOR PERFECTION

HB 412 - Goodman

MESSAGES FROM THE SENATE

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS #2 SCS SB 55, entitled:

         An act to repeal sections 173.005, 174.020, 174.231, 174.241, 174.324, and 174.450, RSMo, and to enact in lieu thereof six new sections relating to state institutions of higher education.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 63, entitled:

         An act to repeal section 211.477, RSMo, relating to parental rights, and to enact in lieu thereof one new section relating to the same subject.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 130, entitled:

         An act to authorize the conveyance of property along 321 Knaust Road to St. Charles County, Missouri.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 173, entitled:

         An act to repeal section 321.120, RSMo, relating to fire protection district directors, and to enact in lieu thereof one new section relating to the same subject.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SBs 194 & 189, entitled:

         An act to amend chapter 288, RSMo, by adding thereto one new section relating to unemployment reimbursement for Indian tribes in compliance with federal mandate, with an emergency clause.

         Emergency Clause adopted.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 215, entitled:

         An act to repeal section 165.011, RSMo, and to enact in lieu thereof one new section relating to transfers from the incidental fund.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 228, entitled:

         An act to repeal section 67.1360, RSMo, relating to tourism taxes, and to enact in lieu thereof one new section relating to the same subject.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 232, entitled:

         An act to authorize the conveyance of property at Thousand Hills State Park.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 235, entitled:

         An act to repeal section 99.845, RSMo, and to enact in lieu thereof one new section relating to local government indebtedness.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 246, entitled:

         An act to repeal sections 386.050, 386.120, 386.210, 392.200, and 393.015, RSMo, and to enact in lieu thereof seven new sections relating to the public service commission.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 255, entitled:

         An act to repeal section 393.110, RSMo, and to enact in lieu thereof one new section relating to the public service commission’s jurisdiction of consumer-owned electric corporations.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 266, entitled:

         An act to amend chapter 633, RSMo, by adding thereto one new section relating to services for persons with developmental disabilities.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 282, entitled:

         An act to repeal section 64.341, RSMo, and to enact in lieu thereof one new section relating to county facilities.