Journal of the House

First Regular Session, 92nd General Assembly

SIXTY-SEVENTH DAY, Thursday, May 8, 2003

         Speaker Hanaway in the Chair.

         Prayer by Father David Buescher.

          Caring God, the rains may come, the hail may fall, the winds may blow, but this legislative session is inevitably coming to its conclusion. As difficult as it may be amid the words and work of this day's drove of legislation, help these men and women hold in mind and heart those for whom they labor.

          The people of Missouri count on the energy, the wisdom, and the integrity of these representatives. We pray that they may continue to attend to their own good common sense and their consciences. Politics is a good and necessary factor in this room, but people are the ones helped and harmed.

          Let all here bear in mind their own constituents, all the people of this state, and the principles of straightforward democracy in their many judgments which effect us all. Amen.

         The Pledge of Allegiance to the flag was recited.

         The Journal of the sixty-sixth day was approved as corrected by the following vote:

SPECIAL RECOGNITION

         John Marshall Magner, Teacher of the Year, was introduced by Representative Fares and recognized as an Outstanding Missourian.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

         House Resolution No. 2610

                     through

         House Resolution No. 2637 - Representative Sander

         House Resolution No. 2638

                     through

         House Resolution No. 2643 - Representative Bough

         House Resolution No. 2644 - Representatives Behnen and Shoemyer (9)

         House Resolution No. 2645 - Representative McKenna

House Resolution No. 2646 - Representative Seigfreid

House Resolution No. 2647

through

         House Resolution No. 2653 - Representative Hobbs

         House Resolution No. 2654 - Representative Cunningham (145)

         House Resolution No. 2655 - Representative Graham

House Resolution No. 2656 - Representative Vogt

House Resolution No. 2657 - Representative Smith (118)

House Resolution No. 2658

                     through

House Resolution No. 2660 - Representative Witte

House Resolution No. 2661 - Representative Johnson (61)

House Resolution No. 2662 - Representative Pearce

House Resolution No. 2663 - Representative Wilson (42), et al

House Resolution No. 2664 - Representative Moore

House Resolution No. 2665

                     through

House Resolution No. 2667 - Representative Lager

House Resolution No. 2668 - Representative Green

House Resolution No. 2669

                     and

House Resolution No. 2670 - Representative Sander

         House Resolution No. 2671

                     through

         House Resolution No. 2725 - Representative Jetton

SECOND READING OF SENATE BILLS

         SS#2 SCS SBs 248, 100, 118, 233, 247, 341 & 420, SB 305, SCS SB 307, SS SCS SB 346 and SCS SB 675 were read the second time.

BILL IN CONFERENCE

         CCR SCS HS HB 2, as amended, relating to appropriations, was taken up by Representative Bearden.

         Speaker Pro Tem Jetton assumed the Chair.

         Speaker Hanaway resumed the Chair.

         On motion of Representative Bearden, CCR SCS HS HB 2, as amended, was adopted by the following vote:

         Representative Walker requested a verification of the roll call on the motion to adopt CCR SCS HS HB 2, as amended.

         On motion of Representative Bearden, CCS SCS HS HB 2 was read the third time and passed by the following vote:

         Speaker Hanaway declared the bill passed.

         Representative Johnson (90) requested a verification of the roll call on the motion to third read and pass CCS SCS HS HB 2.

SUPPLEMENTAL CALENDAR

(May 8, 2003)

HOUSE BILL FOR PERFECTION

HCS HB 583 - Smith (118)

SENATE BILL FOR THIRD READING

HCS SB 243, E.C. - Bearden

MOTION

         Representative Crowell moved that Rule 113 be suspended in order to receive His Excellency Governor Bob Holden and a special guest of Representative Salva into the Chamber.

         Which motion was adopted by the following vote:

         Ray Starsman of the Nelson Art Gallery was introduced by Representative Salva.

         Mr. Starsman, impersonating President Harry S Truman, addressed the House.

HOUSE RESOLUTION

Representative Salva offered House Resolution No. 2578, which was read.

HOUSE RESOLUTION NO. 2578

          WHEREAS, the state of Missouri enjoys considerable acclaim and worldwide distinction as the home of the thirty-third president of the United States of America; and

          WHEREAS, President Harry S Truman, Missouri's most famous native son, will be honored at the Missouri state capitol in Jefferson City during a festive celebration and luncheon on Thursday, May 8, 2003, to mark the occasion of his One Hundred Nineteenth Birthday; and

          WHEREAS, "Give 'Em Hell, Harry" Day has been set aside as a special tribute of deep gratitude to the late president for all of the remarkable achievements that he realized during his tenure at the head of this nation's government in Washington, D.C.; and

          WHEREAS, the Harry S Truman Presidential Museum and Library in Independence has graciously offered to enhance the festivities with an interesting display of historical items from the Truman administration, an exhibit of various types of memorabilia from the Truman years, and framed presentations featuring copies of letters the future president wrote before and during the First World War; and

          WHEREAS, the Presidential Library will also provide a documentary film about Truman's famous 1948 "Whistle Stop" campaign for President; and

          WHEREAS, those attending the ceremony will be treated to a visit and performance by Mr. Ray Starsman, celebrated Truman impersonator from the Nelson Art Gallery who will arrive by train in Jefferson City and be escorted to the statehouse:

          NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-second General Assembly, join unanimously to honor the memory of an individual whose firm convictions, courageous actions, and outstanding leadership during a critical stage in this country's history will always be remembered and appreciated, and to thank Michael J. Devine, Director of the Truman Presidential Museum and Library, and all of his staff for the important role they have played in helping to make this historic event such a tremendous success; 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 presentation during "Give 'Em Hell, Harry" Day at the state capitol.

ESCORT COMMITTEE

         The Speaker appointed the following committee to escort His Excellency Governor Bob Holden to the dais: Representatives Cooper (120), Brown, Deeken, Cunningham (145), Salva, LeVota, Dougherty and Jones.

         The Doorkeeper announced the approach of the Honorable Bob Holden, Governor of the State of Missouri. The Governor was duly escorted to the House Chamber and the Speaker’s dais, where he delivered the following message to the assembly.

TRUMAN'S BIRTHDAY PARTY

          Madam Speaker, Members of the House, and President Truman:

          I want to thank the Harry S Truman Presidential Museum and Library and especially its Director, Michael Devine, and Representatives Ray Salva and Russ Carnahan for planning this event.

          It is a great privilege to have this opportunity to honor on his birthday a great president and a great Missourian – Harry Truman.

          You know that in his later years, birthday celebrations were not Truman’s favorite subject. When they planned a big Diamond Jubilee Celebration in honor of this 75^th birthday at the Waldorf Astoria, he was asked what he thought about it and he said: “I’m against it.” That would not be surprising for anyone who knew the energetic but unpretentious man.

          One has the impression that the hoopla associated with such an event as well as the physical limitations that came with aging were an annoying distraction. Truman once said: “It is remarkable indeed how times flies and makes you an old man whether you want to be or not.”

          It is that level of honesty and humanity that makes Harry Truman a hero to so many. For those of us in Missouri, it is an appropriate time to remember Harry Truman. As leaders of our state, we face many of the challenges he faced.

          Even though he faced tough economic times, he did not shy away from responsibility or leadership. He offered the American people straight talk and a plan for the future. His plan proposed reforms and some tough medicine, but it did not sacrifice the future.

          Regardless of party affiliation, I believe that all who have been elected to public office by Missouri citizens share an affinity with Truman. I don’t know about you, but I find myself from time to time leafing through the David McCullough book, or the Merle Miller book, for a few minutes of inspiration and good old Missouri common sense.

          Truman accomplished a great deal as president. Domestically, he established the federal Commission on Civil Rights and brought about the desegregation of our military. He created the first federal housing policy and expanded Social Security and its benefits. He was responsible for the development of the community college and fought for funding for research universities.

          On the foreign policy side, he helped bring about the ending of World War II and established the Marshall Plan to supply the aid to rebuild war torn Europe. And he initiated the Truman Doctrine, which set the American diplomatic policy for the next forty years of supporting free people who are fighting off outside forces.

          Truman certainly did not have the aspirations of ever being President. But as Vice President, the heavy responsibilities of the job fell on him when President Franklin Roosevelt died in office. He admitted to being scared and said he “felt like the moon, the stars, and all the planets had fallen” on him. And perhaps that is why we are so inspired by Truman. He was honest, humble, and straight talking. What most of us would call just a regular guy. He played the piano and he played poker. He sometimes drank whiskey and sometimes used colorful language. He was short and wore thick glasses.

          But this ordinary man elevated by unique circumstances became an extraordinary president...one of the most admired and respected in history, even though people did not realize at the time what a great place in history he would hold. In fact, many of the decisions Truman made were politically unpopular in his day.

          But Truman obviously was driven by a higher calling. He said what he thought and always stood up for what he believed to be right...no matter which way the political winds were blowing. He was willing to make political sacrifices to secure a better future for the world. We could have told them what an outstanding President Harry Truman would make.

          Because we know Harry Truman came from that kind of hard working Missouri stock that gets the job done. And that’s why we Missourians are extremely proud to call him our favorite son and wish him a happy birthday today.

          On his 75^th birthday, in an interview with a reporter, President Truman stated some personal convictions that are good advice at any time.

          He said: “As for being seventy-five, I never look back. I look forward. I’m an optimist, you know. I have great faith. I’ve always said our problems will be solved by common sense and good will.”

          Not bad words for us to remember in these closing days of the legislative session. Thank you.

MESSAGES FROM THE SENATE

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 13 and grants the House a conference thereon.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate conferees on SS SCS HCS HB 289, as amended, are allowed to exceed the difference for the purpose of adding language to provide natural disaster relief.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like committee from the House on SCS HCS HB 427: Senators Bartle, Wheeler, Bray, Klindt and Shields.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like committee from the House on SS SCS HS HB 511, as amended: Senators Yeckel, Bartle, Scott, Stoll and Days.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SCS SB 84, as amended, and has taken up and passed HCS SCS SB 84, as amended.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SB 275 and has taken and passed HCS SB 275.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like committee from the House on SCS HCS HB 13: Senators Russell, Gross, Shields, Goode and Dougherty.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on Senate Committee Amendment No. 1 to HCS HB 19 and grants the House a conference thereon.

         The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Russell, Gross, Shields, Goode and Dougherty.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SS SCS HS HB 668, as amended, and grants the House a conference thereon.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like committee from the House on HCS SB 186: Senators Cauthorn, Bartle, Shields, Kennedy and Quick.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate conferees on SS SS SCS HCS HB 600, as amended, are allowed to exceed the differences by adding an amended Section 136.320, RSMo.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SCS SBs 361, 103, 156 & 329, entitled:

         An act to repeal sections 250.140, 260.273, 260.475, 260.479, 260.830, 260.831, 319.125, 319.127, 319.139, 393.015, 640.100, 640.115, 640.605, 640.615, 640.620, 643.078, 644.016, 644.052, RSMo, and section 319.137 as enacted by house committee substitute for senate substitute for senate bill no. 3, eighty-eighth general assembly, first regular session, and section 319.137 as enacted by house bill no. 251, eighty-eighth general assembly, first regular session, and to enact in lieu thereof sixty new sections relating to waste, with penalty provisions and an expiration date for a certain section.

         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 refuses to recede from its position on SCS HCS HB 613, as amended, and grants the House a conference thereon.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like committee from the House on SS SCS HS HB 668, as amended: Senators Dolan, Cauthorn, Nodler, Bray and Days.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted House Amendment No. 1 to SCS#2 SB 1 and has taken up and passed SS#2 SB 1, as amended.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HS HCS SCS SB 296, as amended, and has taken up and passed HS HCS SCS SB 296, as amended.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SB 355 and has taken up and passed HCS SB 355.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted House Committee Amendment No. 1 to SCS SB 447 and has taken up and passed SCS SB 447, as amended.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted House Amendment No. 1 to SB 540 and has taken up and passed SB 540, as amended.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SCS SB 547 and has taken up and passed HCS SCS SB 547.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SCS SB 373 and has taken up and passed HCS SCS SB 373.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate conferees on HCS SCS SB 379 are allowed to exceed the differences.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SB 399 and has taken up and passed HCS SB 399.

         Speaker Pro Tem Jetton resumed the Chair.

BILLS IN CONFERENCE

         CCR SCS HS HB 3, as amended, relating to appropriations, was taken up by Representative Bearden.

         On motion of Representative Bearden, CCR SCS HS HB 3, as amended, was adopted by the following vote:

         Representative Bearden requested a verification of the roll call on the motion to adopt CCR SCS HS HB 3, as amended.

         Representative Crowell moved the previous question.

         Which motion was adopted by the following vote:

         On motion of Representative Bearden, CCS SCS HS HB 3 was read the third time and passed by the following vote:

         Speaker Pro Tem Jetton declared the bill passed.

         Representative Harris (23) requested a verification of the roll call on the motion to third read and pass CCS SCS HS HB 3.

         CCR SCS HS HB 4, as amended, relating to appropriations, was taken up by Representative Bearden.

         Representative Crowell moved the previous question.

         Which motion was adopted by the following vote:

         Representative Johnson (90) requested a verification of the roll call on the motion to move the previous question.

         On motion of Representative Bearden, CCR SCS HS HB 4, as amended, was adopted by the following vote:

         Representative Bearden requested a verification of the roll call on the motion to adopt CCR SCS HS HB 4, as amended.

         Representative Crowell moved the previous question.

         Which motion was adopted by the following vote:

         On motion of Representative Bearden, CCS SCS HS HB 4 was read the third time and passed by the following vote:

         Speaker Pro Tem Jetton declared the bill passed.

         Representative El-Amin requested a verification of the roll call on the motion to third read and pass CCS SCS HS HB 4.

         CCR SCS HS HB 5, as amended, relating to appropriations, was taken up by Representative Bearden.

         Speaker Hanaway resumed the Chair.

         Representative Crowell moved the previous question.

         Which motion was adopted by the following vote:

         Representative Donnelly requested a verification of the roll call on the motion to move the previous question.

         Speaker Pro Tem Jetton resumed the Chair.

         On motion of Representative Bearden, CCR SCS HS HB 5, as amended, was adopted by the following vote: