Journal of the House

First Regular Session, 92nd General Assembly

TWENTY-EIGHTH DAY, Wednesday, February 26, 2003

         Speaker Hanaway in the Chair.

         Prayer by Reverend James Earl Jackson.

           Heavenly Father, the scriptures declare, “he who trusts in the Lord, mercy shall surround him”, and so we trust You and Your mercy surrounds us.

           Because we trust in You, we can live free from confusion within the chaos that surrounds us. Because we trust in You, we can live supported beyond whatever stress or trial we may face.

           May our take of the future be from Your heavenly viewpoint. For it is written, “I sought the Lord and He answered me and delivered me from all my fears.”

           Now, may the grace of our Lord, and the love of God be with us all.

           In the name of Your Son we pray. 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: Sarah Berger, Shila Sperry, Megan Ormsby, Josh Smith, Jillian Gardner, Maddie Stevenson, Julia Lenci, Cory Reffitt, Tim Zook, Julianna K. Smith, Julie Barnum, Andrew Dickerson, John Peterson, Logan Weber, Ashley Bartkoski, Carter Marion, Nicole Jester, Alex Downey, Kayla Holland, Nikki Reed, Daniel Oawster, Katy Jessee, Brett Freeman, Reuben Uhlmann, Cody Casey, Briana Deal, Lindsay Holland, Kyle Johnson, Jason McCaulley, Amanda McDowell and Beka Poteet.

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

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

         Which motion was adopted by the following vote:

         Tara Bollinger, Miss Missouri USA, addressed the House.

HOUSE RESOLUTION

         Representative Harris (23) offered House Resolution No. 495.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

         House Resolution No. 494 - Representative Dusenberg

         House Resolution No. 496

                        through

         House Resolution No. 499 - Representative Liese, et al

         House Resolution No. 500

                        through

House Resolution No. 507 - Representative Phillips

House Resolution No. 508

                        and

House Resolution No. 509 - Representative Adams

House Resolution No. 510

                        and

House Resolution No. 511 - Representative Smith (118)

         House Resolution No. 512 - Representative Abel

INTRODUCTION OF HOUSE BILLS

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

HB 555, introduced by Representatives Shoemaker (8), Townley, Munzlinger, Shoemyer (9) and Hobbs, et al, relating to livestock.

HB 556, introduced by Representatives Guest, Schaaf, Threlkeld, Cooper (155), Page, Ervin and Brown, et al, relating to pain management.

HB 557, introduced by Representatives King and Davis (122), relating to state employee retirement.

SECOND READING OF HOUSE JOINT RESOLUTION

         HJR 19 was read the second time.

SECOND READING OF HOUSE BILLS

         HB 547 through HB 554 were read the second time.

SECOND READING OF SENATE BILLS

         SCS SB 4, SCS SB 29, SB 50, SB 108, SCS SB 122 and SB 292 were read the second time.

PERFECTION OF HOUSE BILL

         HCS HB 273, relating to tort reform, was taken up by Representative Byrd.

         Representative Byrd offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 273, Section 1, Page 25, Line 36, by inserting the following after all of said line:

           “Section 2. If any provision of this act is found by a court of competent jurisdiction to be invalid or unconstitutional it is the stated intent of the legislature that the legislature would have approved the remaining portions of the act, and the remaining portions of the act shall remain in full force and effect.”; and

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

         Representative Willoughby offered House Amendment No. 1 to House Amendment No. 1.

         House Amendment No. 1 to House Amendment No. 1 was withdrawn.

         HCS HB 273, with House Amendment No. 1, pending, was laid over.

COMMITTEE REPORTS

         Committee on Budget, Chairman Bearden reporting:

         Madam Speaker: Your Committee on Budget, to which was referred HB 73 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

         Madam Speaker: Your Committee on Budget, to which was referred HB 321 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

         On motion of Representative Crowell, the House recessed until 2:00 p.m.

AFTERNOON SESSION

         The hour of recess having expired, the House was called to order by Representative Cooper (120).

HOUSE CONCURRENT RESOLUTION

         Representative Haywood, et al, offered House Concurrent Resolution No. 21.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 513 - Representative Portwood

House Resolution No. 514

                        through

House Resolution No. 517 - Representative Brown

         House Resolution No. 518 - Representative Crawford

         House Resolution No. 519

                        and

         House Resolution No. 520 - Representative Reinhart

         House Resolution No. 521 - Representative Barnitz

         House Resolution No. 522 - Representative Smith (118)

         House Resolution No. 523 - Representative Black

         House Resolution No. 524 - Representative Lipke

         House Resolution No. 525 - Representative Thompson

INTRODUCTION OF HOUSE CONCURRENT RESOLUTION

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

HCR 22, introduced by Representative Parker, relating to the creation of the comprehensive patient education and health care cost improvement pilot project.

INTRODUCTION OF HOUSE JOINT RESOLUTION

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

HJR 20, introduced by Representatives Dethrow, Ervin, Whorton, May, Purgason, Cooper (120), Wallace, Myers, Hampton, Schlottach and Self, et al, relating to fish, wildlife, and forestry management.

INTRODUCTION OF HOUSE BILLS

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

HB 558, introduced by Representatives El-Amin, Wildberger, Hoskins, Sanders Brooks, Hubbard, Thompson, Sander, Walker, Cooper (155), Johnson (61) and Wilson (42), et al, relating to an alternative sentencing task force.

HB 559, introduced by Representative Richard, relating to surplus lines insurance.

HB 560, introduced by Representatives Parker, Luetkemeyer, Morris, Page, Rupp and Ward, et al, relating to the comprehensive patient education and healthcare cost improvement pilot program.

PERFECTION OF HOUSE BILL

         HCS HB 273, with House Amendment No. 1, pending, relating to tort reform, was again taken up by Representative Byrd.

         Representative Willoughby offered House Amendment No. 1 to House Amendment No. 1.

House Amendment No. 1

to

House Amendment No. 1

AMEND House Amendment No. 1 to House Committee Substitute for House Bill No. 273, Page 1, Line 7, by deleting the word “would”, and inserting in lieu thereof the words “may or may not.”.

         Representative Willoughby moved that House Amendment No. 1 to House Amendment No. 1 be adopted.

         Which motion was defeated by the following vote:

         On motion of Representative Byrd, House Amendment No. 1 was adopted.

         Representative Byrd offered House Amendment No. 2.

         House Amendment No. 2 was withdrawn.

         Representative Byrd offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 273, Section 508.010, Page 10, Lines 20-24, by deleting all of said lines and inserting in lieu thereof the following:

           “to have accrued in the county in which the defamation or invasion was first published.

           (7) The residence of a corporation for venue purpose shall be in the county where the office of its registered agent as reported pursuant to chapter 351, RSMo, is located. If the corporation has not reported or maintained a registered agent, then the residence of the corporation shall be Cole County.”; and

           Further amend said substitute, Section 508.040, Page 10, Line 1, by deleting the brackets ([ ]) around the word “either”; and

           Further amend said section, Page 10, Line 2, by inserting the following after the word “accrued”:

           “or in the county where the corporation resides. Notwithstanding any other statute to the contrary, the residence of a foreign or domestic corporation for all purposes of this chapter shall be deemed the county where the office of its registered agent as reported pursuant to chapter 351, RSMo, is located. If the corporation has not reported or maintained a registered agent, then the residence of the corporation shall be Cole County.”.

         On motion of Representative Byrd, House Amendment No. 3 was adopted by the following vote:

         Representative Goodman offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill No. 273, Section 538.213, Page 22, Lines 17-21, by deleting all of said lines and inserting in lieu thereof the following:

           “treatment as a nonemergency patient; or”.

         Speaker Hanaway resumed the Chair.

         On motion of Representative Goodman, House Amendment No. 4 was adopted.

         Representative Schaaf offered House Amendment No. 5.

House Amendment No. 5

AMEND House Committee Substitute for House Bill No. 273, Section 538.301, Pages 23-24, Lines 1-31, by deleting all of said lines; and

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

         Representative Pratt offered House Substitute Amendment No. 1 for House Amendment No. 5.

House Substitute Amendment No. 1

for

House Amendment No. 5

AMEND House Committee Substitute for House Bill No. 273, Page 24, Section 538.301, Lines 15-31, by deleting all of said lines.

         On motion of Representative Pratt, House Substitute Amendment No. 1 for House Amendment No. 5 was adopted.

         Representative LeVota offered House Amendment No. 6.

House Amendment No. 6

AMEND House Committee Substitute for House Bill No. 273, Page 19, Section 537.767, Line 2, by inserting after the word “contingent” the following: “or hourly”; and

           Further amend by removing the period at the end of Line 7 and inserting in lieu thereof a semi-colon; and

           Further amend by inserting after Line 7 the following:

           “(4) seventy-five dollars per hour.”.

         Representative Donnelly offered House Substitute Amendment No. 1 for House Amendment No. 6.

House Substitute Amendment No. 1

for

House Amendment No. 6

AMEND House Committee Substitute for House Bill No. 273, Page 19, Section 537.767, Line 2, by inserting after the word “contingent” the following: “or hourly”; and

           Further amend by removing the period at the end of Line 7 and inserting in lieu thereof a semi-colon; and

           Further amend by inserting after Line 7 the following:

           “(4) One hundred dollars per hour.”.

         Representative Donnelly moved that House Substitute Amendment No. 1 for House Amendment No. 6 be adopted.

         Which motion was defeated by the following vote:

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

         Which motion was defeated by the following vote:

         Representative Harris (110) offered House Amendment No. 7.

House Amendment No. 7

AMEND House Committee Substitute for House Bill No. 273, Section 510.263, Page 11, Line 10, by deleting “wanton or” and inserting in lieu thereof “wanton,”; and

           Further amend said section, Page 11, Line 11, by inserting the following after “malicious:

           “or showed a complete indifference to or conscious disregard for the safety of others”.

         Representative Harris (110) moved that House Amendment No. 7 be adopted.

         Which motion was defeated by the following vote:

         On motion of Representative Byrd, HCS HB 273, as amended, was adopted.

         On motion of Representative Byrd, HCS HB 273, as amended, was ordered perfected and printed.

REFERRAL OF HOUSE BILL

         The following House Bill was referred to the Committee indicated:

HCS HB 281 - Budget (Fiscal Note)

COMMITTEE REPORT

         Committee on Health Care Policy, Chairman Holand reporting:

         Madam Speaker: Your Committee on Health Care Policy, to which was referred HB 59 and HB 269, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

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 adopted SCR 10.

SENATE CONCURRENT RESOLUTION NO. 10

           BE IT RESOLVED by the Senate of the Ninety-second General Assembly, the House of Representatives concurring therein, that the Missouri Committee on Legislative Research shall prepare and cause to be collated, indexed, printed and bound all acts and resolutions of the Ninety-second General Assembly, First Regular Session, and shall examine the printed copies and compare them with and correct the same by the original rolls, together with an attestation under the hand of the Revisor of Statutes that she has compared the same with the original rolls in her office and has corrected the same thereby; and

           BE IT FURTHER RESOLVED that the size and quality of the paper and binding shall be substantially the same as used in prior session laws and the size and style of type shall be determined by the Revisor of Statutes; and

           BE IT FURTHER RESOLVED that the Joint Committee on Legislative Research is authorized to print and bind copies of the acts and resolutions of the Ninety-second General Assembly, First Regular Session, with appropriate indexing; and

           BE IT FURTHER RESOLVED that the Revisor of Statutes is authorized to determine the number of copies to be printed.

         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 117, entitled:

         An act to repeal sections 301.010 and 301.069, RSMo, relating to motor vehicles, and to enact in lieu thereof two new sections 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 216, entitled:

         An act to amend chapter 301, RSMo, by adding thereto one new section relating to special license plates.

         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 289, entitled:

         An act to amend chapter 227, RSMo, by adding thereto one new section relating to the establishment of the Trooper Charles P. Corbin memorial highway.

         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 314, entitled:

         An act to repeal section 304.157 as enacted by senate bill no. 17, ninetieth general assembly, first regular session, relating to abandoned property.

         In which the concurrence of the House is respectfully requested.

COMMITTEE CHANGE

         The Speaker submitted the following Committee change:

         Representative Hanaway is no longer a member of the Ethics Committee.

LETTER OF OBJECTION

February 26, 2003

Chief Clerk Stephen S. Davis

Missouri House of Representatives

State Capitol Building

Jefferson City, MO 65101

Dear Mr. Davis:

We, the undersigned, respectfully request that HCS HB 222 be removed from the Consent Calendar pursuant to House Rule 44b. We believe this bill is of a controversial nature.

Respectfully yours,

/s/ Representative B.J. Marsh, District 136

/s/ Representative Blaine Luetkemeyer, District 115

/s/ Representative Larry Taylor, District 68

/s/ Representative Thomas Villa, District 108

/s/ Representative Mark Abel, District 103

MESSAGE FROM THE GOVERNOR

EXECUTIVE OFFICE

February 26, 2003

TO THE CHIEF CLERK OF THE

HOUSE OF REPRESENTATIVES

FIRST REGULAR SESSION

92ND GENERAL ASSEMBLY

STATE OF MISSOURI

Herewith I return to you Senate Substitute No. 2 for Senate Committee Substitute for House Bill No. 401 entitled:

"AN ACT"

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

On February 26, 2003, I approved said Senate Substitute No. 2 for Senate Committee Substitute for House Bill No. 401.

                                                                                             Respectfully submitted,

                                                                                        /s/  Bob Holden

                                                                                             Governor

ADJOURNMENT

      On motion of Representative Crowell, the House adjourned until 10:00 a.m., Thursday, February 27, 2003.

CORRECTION TO THE HOUSE JOURNAL

I, State Representative Curt Dougherty, District 53, hereby state and affirm that my vote as recorded on Page 451 of the House Journal for Tuesday, February 25, 2003 showing that I voted absent with leave was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted aye. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.

IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 26th day of February 2003.

                                                                                      /s/ Curt Dougherty

                                                                                           State Representative

State of Missouri )

                            ) ss.

County of Cole    )

Subscribed and sworn to before me this 26th day of February in the year 2003.

                                                                                      /s/ Stephen S. Davis

                                                                                           Chief Clerk

COMMITTEE MEETINGS

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Thursday, February 27, 2003, 8:15 a.m. Hearing Room 3.

Mark-up. Department of Social Services. Possible Executive Session.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Thursday, February 27, 2003. Hearing Room 7 upon morning adjournment. AMENDED NOTICE

Mark-up. Department of Social Services.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Friday, February 28, 2003, 9:00 a.m. Hearing Room 3.

Mark-up. Department of Social Services. Possible Executive Session.

BUDGET

Thursday, February 27, 2003. Hearing Room 3 upon adjournment.

Appropriation Committee recommendations on matters regarding departmental budgets.

HEALTH CARE POLICY

Thursday, February 27, 2003. Side gallery upon adjournment.

Public Hearing to be held on: HCR 15

HOMELAND SECURITY AND VETERANS AFFAIRS

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

Executive Session to be held on: HB 128, HB 271, HB 307

JOINT COMMITTEE ON ADMINISTRATIVE RULES

Thursday, February 27, 2003. Senate Lounge upon adjournment.

12 CSR 10-2.045, 13 CSR 70-3.065, 13 CSR 70-60.010.

JOINT COMMITTEE ON CORRECTIONS

Thursday, February 27, 2003, 9:00 a.m. Hearing Room 4.

Organizational meeting. Overview Department of Corrections and

MO Vocational Enterprises projects.

JOINT COMMITTEE ON LEGISLATIVE RESEARCH - REVISIONS SUBCOMMITTEE

Tuesday, March 4, 2003, 8:00 a.m. Senator Bartle's Office, Room 434.

Discussion of Revision Bill.

JOINT COMMITTEE ON TERRORISM, BIOTERRORISM AND HOMELAND SECURITY

Thursday, March 6, 2003. Hearing Room 5 upon morning adjournment.

Organizational meeting.

LOCAL GOVERNMENT

Thursday, February 27, 2003, 8:30 a.m. Hearing Room 6.

Executive Session may follow.

Public Hearing to be held on: HB 326, HB 331, HB 375

LOCAL GOVERNMENT

Tuesday, March 4, 2003, 7:30 p.m. Hearing Room 6.

Executive Session may follow.

Public Hearing to be held on: HB 275, HB 416, HB 463, HB 474, HB 508

RETIREMENT

Thursday, February 27, 2003, 8:30 a.m. Hearing Room 7. AMENDED NOTICE

Executive Session may follow.

Public Hearing to be held on: HB 174, HB 347, HB 348, HB 431

SENIOR SECURITY

Thursday, February 27, 2003. Side gallery upon evening adjournment.

Executive Session to be held on: HB 94, HB 149, HB 150, HB 342, HB 517

HOUSE CALENDAR

TWENTY-NINTH DAY, THURSDAY, FEBRUARY 27, 2003

HOUSE CONCURRENT RESOLUTION FOR SECOND READING

HCR 22

HOUSE JOINT RESOLUTION FOR SECOND READING

HJR 20

HOUSE BILLS FOR SECOND READING

HB 555 through HB 560

HOUSE BILLS FOR PERFECTION

HCS HB 228 - Pearce

HCS HB 156 - Phillips

HCS HB 222 - Luetkemeyer

HOUSE BILL FOR PERFECTION - INFORMAL

HB 157 - Johnson (90)

HOUSE BILLS FOR PERFECTION - CONSENT

         (2-24-03)

HB 75 - Ruestman

HCS HB 131 - Deeken

HCS HB 152 & 180 - Johnson (47)

HCS HB 166 - Baker

HCS HB 181 - Seigfreid

HB 187 - Cooper (120)

HB 208, HCA 1 - Engler

HB 286 - Bearden

         (2-25-03)

HCS HB 245 - Marsh

         (2-27-03)

HCS HB 59 & 269 - Johnson (61)

HOUSE BILLS FOR THIRD READING

HS HCS HB 321 - Wilson (130)

HCS HB 73 - Luetkemeyer

HB 412 - Goodman

HCS HB 281, (Budget 2-26-03) - Moore

HCS HB 390 - Behnen

HB 91 - Mayer

HCS HB 273 - Byrd

SENATE CONCURRENT RESOLUTION FOR SECOND READING

SCR 10

SENATE BILLS FOR SECOND READING

SCS SB 117

SB 216

SB 289

SB 314