Journal of the House

First Regular Session, 92nd General Assembly

FIFTIETH DAY, Thursday, April 10, 2003

         Speaker Hanaway in the Chair.

         Prayer by Father David Buescher.

          God, Source of Light and Wisdom, illuminate the minds and hearts of our representatives today where there is any lack of knowledge or courage, fill these women and men with Your strength and Your insight.

          Guide and direct their discussions and deliberations according to the sound of Your almighty symphony, one of love, mercy, justice, progress and compassion. 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: Wendy Leas, Priscilla Harris, Danny Barry, Kenny Kramer, Paul Mattingly, Becky Heft, Leslee Schwent, Crystal Newell and Robert Richey.

         The Journal of the forty-ninth day was approved as printed.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1704

                     through

House Resolution No. 1714 - Representative Ruestman

House Resolution No. 1715

                     through

House Resolution No. 1728 - Representatives Lipke and Engler

         House Resolution No. 1729 - Representative Jetton

         House Resolution No. 1730

                     and

House Resolution No. 1731 - Representative Wasson

         House Resolution No. 1732 - Representative Wilson (130)

House Resolution No. 1733 - Representative Cunningham (86)

House Resolution No. 1734 - Representative Corcoran, et al

         House Resolution No. 1735 - Representative Wilson (119)

House Resolution No. 1736 - Representative Bearden

House Resolution No. 1737 - Representative Jones

         House Resolution No. 1738 - Representative Smith (14), et al

House Resolution No. 1739 - Representative Sanders Brooks

House Resolution No. 1740 - Representative Witte

House Resolution No. 1741

                     through

House Resolution No. 1744 - Representative Burnett

House Resolution No. 1745

                     and

House Resolution No. 1746 - Representative Fares

House Resolution No. 1747

                     through

House Resolution No. 1762 - Representative Wilson (119)

House Resolution No. 1763 - Representative Threlkeld

House Resolution No. 1764 - Representatives Threlkeld and Nieves

         House Resolution No. 1765 - Representative Icet

         House Resolution No. 1766

                     and

         House Resolution No. 1767 - Representative Whorton

INTRODUCTION OF HOUSE BILLS

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

HB 740, introduced by Representatives Pratt, Dougherty and Dusenberg, relating to the installation, repair, removal, and closure of petroleum liquid storage systems.

HB 741, introduced by Representatives Bearden, Jetton, Wright, Reinhart and Portwood, et al, relating to medical assistance benefits.

HB 742, introduced by Representatives Jolly and Meiners, relating to dangerous felonies.

SECOND READING OF HOUSE BILLS

         HB 736 through HB 739 were read the second time.

SECOND READING OF SENATE BILL

         SB 468 was read the second time.

THIRD READING OF HOUSE BILLS

         HS HB 511, relating to elections, was taken up by Representative Deeken.

         On motion of Representative Deeken, HS HB 511 was read the third time and passed by the following vote:

            Speaker Hanaway declared the bill passed.

            HB 444, relating to excursion gaming boat admission fees, was taken up by Representative Jackson.

            On motion of Representative Jackson, HB 444 was read the third time and passed by the following vote:

         Speaker Hanaway declared the bill passed.

         HS HB 470, relating to methamphetamine materials, was taken up by Representative Mayer.

         On motion of Representative Mayer, HS HB 470 was read the third time and passed by the following vote:

            Speaker Hanaway declared the bill passed.

PERFECTION OF HOUSE BILL

            HCS HBs 404, 324, 403, 344, 426 & 541, with Part VI of HS, as amended, pending, relating to regulation of utilities, was taken up by Representative Rector.

            Representative Willoughby offered House Amendment No. 2 to Part VI.

House Amendment No. 2

AMEND Part VI of House Substitute for House Committee Substitute for House Bill Nos. 404, 324, 403, 344, 426 & 541, Page 16, Section 393.158, Line 9 of said page, by deleting the word “thirty” and inserting in lieu thereof the word “ninety”; and

            Further amend Part VI of House Substitute for House Committee Substitute for House Bill Nos. 404, 324, 403, 344, 426 & 541, Page 19, Line 23, by inserting immediately thereafter the following:

            “13. In the event that the estimate total energy costs per kWh for any quarter exceeds by more than 5% the actual cost per kWh for that quarter, the utility shall submit an explanation. If the utility cannot show that the estimate was realistic and the actual costs was the lowest overall cost that could have been incurred, the Commission may, at its discretion, assess the utility for the purpose of recovering administrative costs of handling the adjustment, in an amount not to exceed the difference between the amount billed to customers under the estimated rate and the actual increase in energy costs for those billing periods.

            14. The provisions of 393.158 shall expire on August 28, 2008.”.

          Representative Roark assumed the Chair.

          Speaker Hanaway resumed the Chair.

          On motion of Representative Willoughby, House Amendment No. 2 to Part VI was adopted.

          Representative Salva offered House Amendment No. 3 to Part VI.

House Amendment No. 3

AMEND Part VI of House Substitute for House Committee Substitute for House Bill Nos. 404, 324, 403, 344, 426 & 541, Page 19, Section 393.158, Line 23, by inserting immediately after all said line, the following:

            "13. Any electricity generated with proceeds from the fuel adjustment charge shall not subsidize the generation of electricity to be used for resale on the wholesale market. Therefore, this subsidized generation must be used in the state of Missouri.”.

          On motion of Representative Salva, House Amendment No. 3 to Part VI was adopted.

          On motion of Representative Rector, Part VI of HS HCS HBs 404, 324, 403, 344, 426 & 541, as amended, was adopted by the following vote:

         Representative Bringer offered House Amendment No. 1 to Part VII.

House Amendment No. 1

AMEND Part VII to House Substitute for House Committee Substitute for House Bill Nos. 404, 324, 403, 344, 426 & 541, Page 26, Section 393.1006, Line 11, by inserting after “ISRS.” the following:

          “In the event of a refund, the water corporation shall pay interest on the over collected revenues pursuant to the ISRS.”.

         On motion of Representative Bringer, House Amendment No. 1 to Part VII was adopted by the following vote:

            Representative Rector offered House Amendment No. 2 to Part VII.

House Amendment No. 2

AMEND Part VII of House Substitute for House Committee Substitute for House Bill Nos. 404, 324, 403, 344, 426 & 541, Page 21, Section 393.1000, Line 8, by adding at the end of said line the following:

              “which the Public Service Commission has jurisdictional authority pursuant to chapter 386, RSMo.;”.

            On motion of Representative Rector, House Amendment No. 2 to Part VII was adopted.

            On motion of Representative Rector, Part VII of HS HCS HBs 404, 324, 403, 344, 426 & 541, as amended, was adopted.

            On motion of Representative Rector, Part VIII of HS HCS HBs 404, 324, 403, 344, 426 & 541 was adopted.

            Representative Wright offered House Amendment No. 1 to Part IX.

            Representative Rector raised a point of order that House Amendment No. 1 to Part IX goes beyond the scope of the bill.

            The Chair ruled the point of order well taken.

            Representative Salva offered House Amendment No. 2 to Part IX.

House Amendment No. 2

AMEND Part IX of House Substitute for House Committee Substitute for House Bill Nos. 404, 324, 403, 344, 426 & 541, Page 39, Section 393.1018, Line 11, by inserting immediately after all of said line the following:

              “6. No electrical corporation shall be allowed to recover costs pursuant to the provisions of this section from customers that are sixty five years of age or older and have a combined household income equal to or less than thirty thousand dollars.

              14. No electrical corporation shall be allowed to recover the costs pursuant to the provision of this section from customers that are institutions of elementary, secondary, or higher education.”.

         Representative Purgason raised a point of order that House Amendment No. 2 to Part IX goes beyond the scope of the bill.

         The Chair ruled the point of order not well taken.

         Representative Salva moved that House Amendment No. 2 to Part IX be adopted.

         Which motion was defeated by the following vote:

         Representative Shoemyer (9) offered House Amendment No. 3 to Part IX.

House Amendment No. 3

AMEND Part IX of House Substitute for House Committee Substitute for House Bill Nos. 404, 324, 403, 344, 426 & 541, Page 39, Line 11, by inserting the following immediate after said line:

          “Section 393.190 is repealed and a new section is enacted in lieu thereof, to be known as section 393.190 and to read as follows:

Transfer of franchise or property to be approved, procedure–impact of transfer on local tax revenues, information on to be furnished, to whom, procedure.

          393.190. 1. No gas corporation, electrical corporation, water corporation or sewer corporation shall hereafter sell, assign, lease, transfer, mortgage or otherwise dispose of or encumber the whole or any part of its franchise, works or system, necessary or useful in the performance of its duties to the public, nor by any means, direct or indirect, merge or consolidate such works or system, or franchises, or any part thereof, with any other corporation, person or public utility, without having first secured from the commission an order authorizing it so to do. No such order shall issue unless the commission has first made a specific finding that such sale, assignment, lease, transfer, mortgage, merger or consolidation is in the public interest. Every such sale, assignment, lease, transfer, mortgage, disposition, encumbrance, merger or consolidation made other than in accordance with the order of the commission authorizing same shall be void. The permission and approval of the commission to the exercise of a franchise or permit under this chapter, or the sale, assignment, lease, transfer, mortgage or other disposition or encumbrance of a franchise or permit under this section shall not be construed to revive or validate any lapsed or invalid franchise or permit, or to enlarge or add to the powers or privileges contained in the grant of any franchise or permit, or to waive any forfeiture. Any person seeking any order under this subsection authorizing the sale, assignment, lease, transfer, merger, consolidation or other disposition, direct or indirect, of any gas corporation, electrical corporation, water corporation, or sewer corporation, shall, at the time of application for any such order, file with the commission a statement, in such form, manner and detail as the commission shall require, as to what, if any, impact such sale, assignment, lease, transfer, merger, consolidation, or other disposition will have on the tax revenues of the political subdivisions in which any structures, facilities or equipment of the corporations involved in such disposition are located. The commission shall send a copy of all information obtained by it as to what, if any, impact such sale, assignment, lease, transfer, merger, consolidation or other disposition will have on the tax revenues of various political subdivisions to the county clerk of each county in which any portion of a political subdivision which will be affected by such disposition is located. Nothing in this subsection contained shall be construed to prevent the sale, assignment, lease or other disposition by any corporation, person or public utility of a class designated in this subsection of property which is not necessary or useful in the performance of its duties to the public, and any sale of its property by such corporation, person or public utility shall be conclusively presumed to have been of property which is not useful or necessary in the performance of its duties to the public, as to any purchaser of such property in good faith for value.

          2. No such corporation shall directly or indirectly acquire the stock or bonds of any other corporation incorporated for, or engaged in, the same or a similar business, or proposing to operate or operating under a franchise from the same or any other municipality; neither shall any street railroad corporation acquire the stock or bonds of any electrical corporation, unless, in either case, authorized so to do by the commission. Save where stock shall be transferred or held for the purpose of collateral security, no stock corporation of any description, domestic or foreign, other than a gas corporation, electrical corporation, water corporation, sewer corporation or street railroad corporation, shall, without the consent of the commission, purchase or acquire, take or hold, more than ten percent of the total capital stock issued by any gas corporation, electrical corporation, water corporation or sewer corporation organized or existing under or by virtue of the laws of this state, except that a corporation now lawfully holding a majority of the capital stock of any gas corporation, electrical corporation, water corporation or sewer corporation may, with the consent of the commission, acquire and hold the remainder of the capital stock of such gas corporation, electrical corporation, water corporation or sewer corporation, or any portion thereof.

          3. Nothing herein contained shall be construed to prevent the holding of stock heretofore lawfully acquired, or to prevent upon the surrender or exchange of said stock pursuant to a reorganization plan, the purchase, acquisition, taking or holding of a proportionate amount of stock of any new corporation organized to take over, at foreclosure or other sale, the property of any corporation whose stock has been thus surrendered or exchanged. Every contract, assignment, transfer or agreement for transfer of any stock by or through any person or corporation to any corporation in violation of any provision of this chapter shall be void and of no effect, and no such transfer or assignment shall be made upon the books of any such gas corporation, electrical corporation, water corporation or sewer corporation or shall be recognized as effective for any purpose.”; and

          Further amend the title and enacting clause accordingly.

         Representative Shoemyer (9) moved that House Amendment No. 3 to Part IX be adopted.

         Which motion was defeated by the following vote:

            HCS HBs 404, 324, 403, 344, 426 & 541, with Part IX of HS, as amended, pending, was laid over.

REFERRAL OF HOUSE BILLS

            The following House Bills were referred to the Committee indicated:

HB 590 - Tax Policy

HB 711 - Transportation and Motor Vehicles

HB 712 - Judiciary

HB 713 - Corrections and State Institutions

HB 714 - Transportation and Motor Vehicles

HB 715 - Children and Families

HB 716 - Corrections and State Institutions

HB 717 - Professional Registration and Licensing

HB 718 - Corrections and State Institutions

HB 719 - Education

HB 720 - Corrections and State Institutions

HB 721 - Education

HB 722 - Transportation and Motor Vehicles

HB 723 - Special Committee on General Laws

HB 724 - Transportation and Motor Vehicles

HB 725 - Transportation and Motor Vehicles

HB 726 - Tax Policy

HB 727 - Professional Registration and Licensing

HB 728 - Children and Families

HB 729 - Professional Registration and Licensing

HB 730 - Crime Prevention and Public Safety

HB 731 - Transportation and Motor Vehicles

HB 732 - Crime Prevention and Public Safety

HB 733 - Crime Prevention and Public Safety

HB 734 - Judiciary

REFERRAL OF SENATE CONCURRENT RESOLUTION

            The following Senate Concurrent Resolution was referred to the Committee indicated:

SS SCS SCR 13 - Budget

REFERRAL OF SENATE BILL

            The following Senate Bill was referred to the Committee indicated:

SB 468 - Judiciary

COMMITTEE REPORTS

            Committee on Corrections and State Institutions, Chairman Kelly (144) reporting:

            Madam Speaker: Your Committee on Corrections and State Institutions, to which was referred HB 138, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

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

            Committee on Health Care Policy, Chairman Holand reporting:

            Madam Speaker: Your Committee on Health Care Policy, to which was referred HB 233, 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 593, 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. 593, Page 3, Section 537.605, Lines 1 to 5, by deleting all of said lines and inserting in lieu thereof the following:

               "537.605. 1. The state of Missouri, in its capacity as an employer, shall be subject to the provisions of the federal Family and Medical Leave Act, 29 U.S.C. Section 2601, et seq., and shall be liable for any violation of such act, and further grants limited consent to be sued under the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., in the state courts of Missouri. The state of Missouri does not consent to be sued under the Americans with Disabilities Act in federal courts.

              2. The state of Missouri waives its sovereign immunity for purposes of enforcement of such acts; except that no judgment entered against the state of Missouri shall exceed the liability limits established in section 537.610. Such monetary limits shall apply regardless of whether the state has insurance for defense of the claim. The amount may include attorneys' fees, but shall not include punitive or exemplary damages.

              3. The provisions of this section shall apply to all actions pending or initiated on or after the effective date of this section.

              4. The provisions of this section pertaining to the Americans with Disabilities Act, 42 U.S.C. 12101, et seq., shall, without limitation, apply to the Missouri State Capitol Building."; and

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

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 SCS HCS HB 221, entitled:

            An act to repeal sections 59.163, 173.387, 173.390, 306.410, 361.130, 361.140, 361.160, 361.170, 362.010, 362.105, 362.106, 362.170, 362.295, 362.910, 362.923, 369.159, 400.99-525, 407.433, 408.450, 408.455, 408.460, 408.465, 408.467, 408.470, 408.557, 408.653, and 408.654, RSMo, and to enact in lieu thereof twenty-two new sections relating to banking, with an effective date for a certain section and penalty provisions.

            With Senate Amendment No. 1.

Senate Amendment No. 1

AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 221, Page 37, Section 408.557, Lines 1-7, by striking all of said section from the bill; and

              Further amend the title and enacting clause accordingly.

            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 69, entitled:

            An act to amend chapter 620, RSMo, by adding thereto eight new sections relating to small businesses.

            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 SS SCS SB 410, entitled:

            An act to repeal sections 191.831, 302.304, 302.540, 577.041, 577.049, and 577.520, RSMo, and to enact in lieu thereof six new sections relating to substance abuse traffic offender program.

            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 SS SS SCS SBs 556 & 311, entitled:

            An act to repeal sections 197.725, 198.006, 198.022, 198.032, 198.036, 198.067, 198.070, 198.082, 198.086, 198.105, 198.525, 198.526, 198.532, 344.050, 565.186, 570.145, 630.140, 630.165, 630.167, 660.250, 660.261, 660.270, 660.300, 660.305, 660.315, 660.317, 660.320, and 660.603, RSMo, and to enact in lieu thereof forty-one new sections relating to the protection of the elderly, with penalty provisions and an expiration for a certain section.

            In which the concurrence of the House is respectfully requested.

ADJOURNMENT

            On motion of Representative Crowell, the House adjourned until 4:00 p.m., Monday, April 14, 2003.

COMMITTEE MEETINGS

AGRICULTURE

Monday, April 14, 2003, 1:00 p.m. Hearing Room 6.

Executive Session may follow. AMENDED NOTICE

Public Hearing to be held on: HB 457, SB 388, SB 651, SB 668

CHILDREN AND FAMILIES

Monday, April 14, 2003, upon evening adjournment. Hearing Room 4.

Executive Session to be held on: SB 635, SB 571

CONSERVATION AND NATURAL RESOURCES

Wednesday, April 16, 2003, 12:30 p.m. Hearing Room 5.

Executive Session may follow.

Public Hearing to be held on: HB 355, HB 439, HB 519

CRIME PREVENTION AND PUBLIC SAFETY

Tuesday, April 15, 2003, 5:00 p.m. Hearing Room 3.

Executive Session may follow.

Public Hearing to be held on: HB 54, HB 586, HB 667, HB 669, HB 697,

HB 730, HB 733

FINANCIAL SERVICES

Monday, April 14, 2003, 2:00 p.m. Hearing Room 4.

Public Hearing to be held on: SB 61, SB 373, SB 407, SB 611

FINANCIAL SERVICES

Tuesday, April 15, 2003, 12:00 p.m. Hearing Room 6.

Possible Executive Session. AMENDED NOTICE

Public Hearing to be held on: HB 560, SB 385, SB 427

HEALTH CARE POLICY

Monday, April 14, 2003, 2:00 p.m. Hearing Room 2.

Executive Session.

JOB CREATION AND ECONOMIC DEVELOPMENT

Monday, April 14, 2003, 3:30 p.m. Side gallery.

Executive Session.

JUDICIARY

Monday, April 14, 2003, 12:00 p.m. Hearing Room 3.

Executive Session may follow on SBs 447, 394, 395, 548, 468, 469, 521, 616

and HBs 374, 213.

Public Hearing to be held on: SB 394, SB 395, SB 447, SB 468, SB 548

LOCAL GOVERNMENT

Monday, April 14, 2003, 12:00 p.m. Hearing Room 7.

Executive Session on Senate Bills.

Public Hearing to be held on: SB 16, SB 120, SB 275, SB 504, SB 513,

SB 546, SB 547, SB 578, SB 592, SB 621

RETIREMENT

Monday, April 14, 2003, 3:45 p.m. Side gallery.

Executive Session.

SENIOR SECURITY

Monday, April 14, 2003. Side gallery upon evening adjournment.

Executive Session to be held on: SB 534

SUBCOMMITTEE ON LICENSE PLATES AND TABS

Monday, April 14, 2003, 2:00 p.m. Hearing Room 1.

Study Department of Revenue's distribution of regular, personalized plates and tabs.

HOUSE CALENDAR

FIFTY-FIRST DAY, MONDAY, APRIL 14, 2003

HOUSE BILLS FOR SECOND READING