Journal of the House

Second Regular Session, 92nd General Assembly

FIFTY-FOURTH DAY, Tuesday, April 20, 2004

The House met pursuant to adjournment.

            Speaker Hanaway in the Chair.

            Prayer by Reverend Donald W. Lammers.

"To You our praise is due, O God.

You care for the earth, give it water......

You drench its furrows,

You level it, soften it with showers,

You bless its growth." (Psalm 65:1, 10 & 11)

              Lord our God, as You bless the land with gentle showers this morning, bless us with Your grace that we may honor You with the integrity of our work today.

              We give thanks that we are able to work in a safe environment. With Your mantle of protection, preserve from harm those who work amid great danger, in war zones or other places where their life is on the line. We know the names of many; some are our loved ones.

              We reach agreements and decisions by discussion, debate and voting. O God, wherever there is warfare, raise up leaders who are able to reach agreements through negotiation and without violence and killing.

              We pray to You, our God, forever and ever. 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: Shelby Hobbs, Laura Hitchens, Adam Hitchens, Nathan Kuhl, Ryan Kuhl, Tim Dale, Nancy Mueller, Kara Reuther, Will Bruin, Jesse Taylor, Josh Taylor, Jacob Taylor, Maija Suzanne Steinberg, Ann Elizabeth Rothove, Eliott Danahy, Dillon Hutcherson, Lanie Hyatt, Chelsea Shepard, Andy Scheppers and Anthony Verslues.

            The Journal of the fifty-third day was approved as corrected.

SPECIAL RECOGNITION

            Herb Webster was introduced by Representative Ervin and recognized as an Outstanding Missourian.

            Emmett Frisbee was introduced by Representative May and recognized as an Outstanding Missourian.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 1821 - Representatives LeVota and Davis (122)

House Resolution No. 1822 - Representative Riback Wilson (25), et al

House Resolution No. 1823 - Representative Behnen

House Resolution No. 1824

through

House Resolution No. 1833 - Representative Avery

House Resolution No. 1834 - Representative Kelly

            House Resolution No. 1835 - Representative Ransdall

House Resolution No. 1836 - Representative Viebrock

House Resolution No. 1837 - Representative Swinger

            House Resolution No. 1838

                        and

House Resolution No. 1839 - Representative Black

House Resolution No. 1840

                        and

House Resolution No. 1841 - Representative Johnson (61)

INTRODUCTION OF HOUSE BILL

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

HB 1743, introduced by Representative Byrd, relating to court procedures and court personnel.

SECOND READING OF HOUSE BILLS

            HB 1741 and HB 1742 were read the second time.

SECOND READING OF SENATE BILLS

            SB 807, SCS SB 1171, SS SCS SB 1183 and SB 1394 were read the second time.

RE-REFERRAL OF HOUSE BILLS

            The following House Bills were re-referred to the Committee indicated:

HB 1698 - Education

HB 1719 - Job Creation and Economic Development

COMMITTEE REPORT

            Committee on Budget, Chairman Bearden reporting:

            Madam Speaker: Your Committee on Budget, to which was referred SB 1123 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

PERFECTION OF HOUSE BILL

            HB 844, relating to the Open Contracting Act, was taken up by Representative Mayer.

            Representative Dusenberg assumed the Chair.

            Representative Crowell moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Mayer, HB 844 was ordered perfected and printed by the following vote:

            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 Dusenberg.

HOUSE RESOLUTION

            Representative Riback Wilson (25) offered House Resolution No. 1911.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 1842 - Representative Graham, et al

House Resolution No. 1843

                        and

House Resolution No. 1844 - Representative Willoughby

House Resolution No. 1845

                        through

House Resolution No. 1863 - Representative Viebrock

House Resolution No. 1864

                        through

House Resolution No. 1870 - Representative Goodman

            House Resolution No. 1871  

                        through

House Resolution No. 1883 - Representative Ervin

House Resolution No. 1884 - Representative Shoemyer

House Resolution No. 1885

                        through

House Resolution No. 1887 - Representative Viebrock

            House Resolution No. 1888 - Representative Riback Wilson (25)

            House Resolution No. 1889 - Representative Harris (110), et al

House Resolution No. 1890 - Representative Harris (110)

House Resolution No. 1891 - Representatives Bruns and Deeken

House Resolution No. 1892

                        through

House Resolution No. 1905 - Representative Jetton

House Resolution No. 1906 - Representative Yaeger

House Resolution No. 1907 - Representative McKenna

            House Resolution No. 1908 - Representative Bruns, et al

            House Resolution No. 1909 - Representative Pearce

            House Resolution No. 1910 - Representative Harris (23), et al

            House Resolution No. 1912 - Representative Riback Wilson (25)

HOUSE CONCURRENT RESOLUTION

            Representatives Shoemaker and Carnahan offered House Concurrent Resolution No. 38.

INTRODUCTION OF HOUSE BILLS

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

HB 1744, introduced by Representatives Walton and Whorton, relating to the use of paper ballots for all elections.

HB 1745, introduced by Representatives Schoemehl, Johnson (90), Meadows, Salva, Thompson, Harris (110), Burnett, Donnelly, Walsh, Darrough, Walker, Davis (122), Swinger, Wilson (42), Zweifel, Henke, Barnitz, Sager, Kuessner, Jolly, Muckler, LeVota, Liese, Whorton and Corcoran, relating to forms of personal identification of voters.

HB 1746, introduced by Representative Reinhart, relating to the designation of a memorial highway.

HB 1747, introduced by Representatives Townley and Schlottach, relating to transient guest taxes.

HB 1748, introduced by Representative Ward, relating to evaluation of juveniles taken into state custody.

THIRD READING OF SENATE BILL

            SB 1123, relating to Medicaid reimbursement, was taken up by Representative Portwood.

            Speaker Hanaway resumed the Chair.

            Representative Meadows offered House Amendment No. 1.

            Representative Wright raised a point of order that House Amendment No. 1 goes beyond the scope of the bill.

            The Chair ruled the point of order well taken.

            Representative Spreng offered House Amendment No. 2.

House Amendment No. 2

AMEND Senate Bill No. 1123, Page 2, Section 208.225, Line 34, by inserting after all of said line the following:

              "3. Seventy-five percent of any additional moneys received through the Medicaid per diem reimbursement by nursing homes under this section shall be used solely for salary increases for direct care nursing, housekeeping, and maintenance employees."; and

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

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

            Which motion was defeated by the following vote:

            Representative Graham offered House Amendment No. 3.

            Representative Wright raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.

            The Chair ruled the point of order well taken.

            Representative Willoughby offered House Amendment No. 4.

            Representative Wright raised a point of order that House Amendment No. 4 goes beyond the scope of the bill.

            The Chair ruled the point of order well taken.

            On motion of Representative Portwood, SB 1123 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:

PERFECTION OF HOUSE BILLS

            HB 773, relating to the University of Missouri age requirements, was taken up by Representative Icet.

            On motion of Representative Icet, HB 773 was ordered perfected and printed.

            HCS HBs 1286 & 1175, relating to marine dealers, was taken up by Representative Guest.

            On motion of Representative Guest, HCS HBs 1286 & 1175 was adopted.

            On motion of Representative Guest, HCS HBs 1286 & 1175 was ordered perfected and printed.

            HCS HB 1285, relating to car rental insurance, was taken up by Representative Engler.

            Representative Engler offered HS HCS HB 1285.

            Representative Engler offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill No. 1285, Section A, Chapter 226.092, RSMo, to read as follows:

              "226.092. The state highways and transportation commission is authorized, when considered by it to be in the public interest, to provide [as part compensation to the employee involved,] liability insurance covering the operation of [state-owned vehicles involved in the performance of operations of the] all motor vehicles and equipment, including airplanes and boats, owned, leased, rented or operated pursuant to commission authorization and used in the performance of official commission or department business. The commission is authorized to provide such insurance coverage for [its employees] all authorized operators, as determined by the commission, and the commission's liability by a plan of self-insurance operated in accordance with commercial insurance industry standards for fleet vehicle coverage or by a plan partially self-insured and partially insured by a contract of insurance with an insurance company or by a plan fully insured by a contract of insurance with an insurance company as the commission deems to be in the public interest. If the commission provides for a plan of self-insurance or partial self-insurance, it shall annually determine the amount of contribution to the plan required to pay all accrued and anticipated claims and the cost of administering the plan and shall include such amount in its budget request for contribution to the [highways and transportation commission automobile liability insurance] commission’s self-insurance plan. The commission may contract for the services of such actuaries, consultants, and claims administrators as it deems necessary for the effective administration of a [self-insured automobile liability] self-insurance plan and is authorized to contract for excess insurance coverage with an insurance company authorized to write such coverage in this state. The immunity in tort actions of the [state and the state highways and transportation] commission shall not be in any way affected by this section.".

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

            Representative Donnelly offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill No. 1285, Page 8, Section 407.735.4, Line 18, by deleting the word “deed” and inserting in lieu thereof the word “deemed”.

            On motion of Representative Donnelly, House Amendment No. 2 was adopted.

            On motion of Representative Engler, HS HCS HB 1285, as amended, was adopted.

            On motion of Representative Engler, HS HCS HB 1285, as amended, was ordered perfected and printed.

            HCS HB 1509, relating to chiropractic care, was taken up by Representative Portwood.

            On motion of Representative Portwood, HCS HB 1509 was adopted.

            On motion of Representative Portwood, HCS HB 1509 was ordered perfected and printed.

            HCS HB 1099, relating to a sales/use tax exemption, was taken up by Representative Reinhart.

            Representative Deeken assumed the Chair.

            On motion of Representative Reinhart, HCS HB 1099 was adopted.

            On motion of Representative Reinhart, HCS HB 1099 was ordered perfected and printed.

            HB 1160, relating to health insurance, was taken up by Representative Parker.

            On motion of Representative Parker, HB 1160 was ordered perfected and printed.

            HCS HB 1433, relating to watershed improvement districts, was taken up by Representative Wood.

            Representative Wood offered HS HCS HB 1433.

            Representative Behnen assumed the Chair.

            Representative Myers offered House Amendment No. 1.

            House Amendment No. 1 was withdrawn.

            Representative Myers offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill No. 1433, Page 10, Section 249.1152, Line 24, by deleting the word “twenty” and inserting the word “thirty-five”.

            On motion of Representative Myers, House Amendment No. 2 was adopted.

            Representative Seigfreid offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bill No. 1433, Page 19, Section 249.115, Line 3, by adding after said line the following:

              "278.258. 1. After a watershed subdistrict has been organized and the organization tax pursuant to section 278.250 has been levied, any county in the subdistrict which has not adopted the annual tax pursuant to section 278.250 may detach from the subdistrict upon approval of such detachment of a majority of the qualified voters [residing] voting on the proposed detachment within such subdistrict in such county; however, before such detachment the watershed district trustees shall make arrangements for the county to pay any outstanding indebtedness for services or works of improvement rendered by the subdistrict in such county.

              2. Following the entry in the official minutes of the trustees of the watershed district of the detachment of the county, the watershed district trustees shall certify this fact on a separate form, authentic copies of which shall be recorded with the recorder of deeds in each county in which any portion of the watershed subdistrict lies and with the state soil and water districts commission.".

            On motion of Representative Seigfreid, House Amendment No. 3 was adopted.

            Representative Sager offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for House Bill No. 1433, Page 14, Section 10, Line 24, by adding after district “where improvements have been made”.

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

            Representative Witte offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Committee Substitute for House Bill No. 1433, Page 24, Section 701.033, Line 10, by deleting the word “and” and inserting in lieu thereof the word “, after”; and

              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

            On motion of Representative Witte, House Amendment No. 5 was adopted.

            On motion of Representative Wood, HS HCS HB 1433, as amended, was adopted.

            On motion of Representative Wood, HS HCS HB 1433, as amended, was ordered perfected and printed.

COMMITTEE REPORTS

            Committee on Budget, Chairman Bearden reporting:

            Madam Speaker: Your Committee on Budget, to which was referred HS HCS HB 1477 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

            Committee on Job Creation and Economic Development, Chairman Dempsey reporting:

            Madam Speaker: Your Committee on Job Creation and Economic Development, to which was referred HB 1181 and HB 1719, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

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 HCS HB 895.

            Emergency clause adopted.

            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 1001.

ADJOURNMENT

            On motion of Representative Crowell, the House adjourned until 10:00 a.m., Wednesday, April 21, 2004.

CORRECTIONS TO THE HOUSE JOURNAL

AFFIDAVITS

I, State Representative Rodney R. Hubbard, District 58, hereby state and affirm that my votes as recorded on Pages 1130 and 1132 of the House Journal for Monday, April 19, 2004 showing that I voted no was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted absent with leave. I further state and affirm that I was not present in the House Chamber at the time these votes were taken, I did not in fact vote, and my votes or absence were incorrectly recorded.

IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 20th day of April 2004.

                                                                                                    /s/ Rodney R. Hubbard

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )

Subscribed and sworn to before me this 20th day of April in the year 2004.

                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

___________

I, State Representative Charles Portwood, District 92, hereby state and affirm that my vote as recorded on Page 1129 of the House Journal for Monday, April 19, 2004 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 20th day of April 2004.

                                                                                                    /s/ Charles Portwood

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )

Subscribed and sworn to before me this 20th day of April in the year 2004.

                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

___________

I, State Representative Rob Schaaf, District 28, hereby state and affirm that my vote as recorded on Page 1132 of the House Journal for Monday, April 19, 2004 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 20th day of April 2004.

                                                                                                    /s/ Rob Schaaf

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )

Subscribed and sworn to before me this 20th day of April in the year 2004.

                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

___________

                                                     COMMITTEE MEETINGS

ADMINISTRATION AND ACCOUNTS

Thursday, April 22, 2004, 8:30 a.m. Hearing Room 1.

Executive session may follow.

Public hearing to be held on: HR 1402

BUDGET

Wednesday, April 21, 2004, 8:00 a.m. Hearing Room 3.

Tax credit presentations and review pursuant to 33.282, RSMo.

Fiscal Review. Possible Executive session.

BUDGET

Wednesday, April 21, 2004, 8:00 p.m. Hearing Room 3.

Tax credit presentations and review pursuant to 33.282, RSMo.

Fiscal Review. Possible Executive session.

BUDGET

Thursday, April 22, 2004, 8:00 a.m. Hearing Room 3.

Tax credit presentations and review pursuant to 33.282, RSMo.

Fiscal Review. Possible Executive session.

Other bills that may be assigned or referred for fiscal review.

COMMUNICATIONS, ENERGY AND TECHNOLOGY

Thursday, April 22, 2004, House Side Gallery upon morning adjournment.

Executive session only.

CONSERVATION AND NATURAL RESOURCES

Wednesday, April 21, 2004, 12:00 p.m. Hearing Room 5.

Executive session may follow.

Public hearings to be held on: HCR 25, HCR 26

EDUCATION

Wednesday, April 21, 2004, Hearing Room 2 upon morning recess.

Possible Executive session.

Public hearings to be held on: SB 768, HB 1710

HEALTH CARE POLICY

Wednesday, April 21, 2004, Hearing Room 6 upon evening adjournment.

Public hearing to be held on: SS SCS SB 1279

Executive session may be held on: SS SCS SB 1279

JOB CREATION AND ECONOMIC DEVELOPMENT

Wednesday, April 21, 2004, 12:30 p.m. Hearing Room 6.

Please note time change. Executive session to be held.

JUDICIARY

Wednesday, April 21, 2004, Hearing Room 1 upon morning adjournment.

Executive session may follow on other bills.

Public hearings to be held on: HB 1342, HB 1577, HB 1644, HB 1682,

HB 1728, SCS SB 1240, SCS SB 1247

Executive session will be held on: HB 1588, HB 1205, HB 1143, SB 1007, SB 1162, SB 1211,

SB 1111, SB 884, SB 883, SB 1064, SCS SB 921, SCS SB 827, SCS SB 983

LOCAL GOVERNMENT

Thursday, April 22, 2004, 8:15 a.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: SB 1391, SB 1329, SCS SB 758, SCR 23, SB 1114

PROFESSIONAL REGISTRATION AND LICENSING

Thursday, April 22, 2004, 9:00 a.m. Hearing Room 5.

Executive session may be held on: HB 1044, SB 842, SCS SB 962, SCS SBs 1027 & 896,

SCS SB 1181, SCS SB 1218, SB 1274

RETIREMENT

Thursday, April 22, 2004, 8:30 a.m. Hearing Room 7.

Executive session may follow.

Public hearings to be held on: SB 1130, SB 1242

SMALL BUSINESS

Wednesday, April 21, 2004, Hearing Room 4 upon morning adjournment.

Executive session may follow.

Committee hearing will begin fifteen minutes after noon adjournment.

Public hearings to be held on: HB 1707, HB 1678

SPECIAL COMMITTEE ON GENERAL LAWS

Wednesday, April 21, 2004, Hearing Room 5 upon evening adjournment.

Possible Executive session.

Public hearings to be held on: HCR 35, SCS SB 1172, SCS SB 1220

TRANSPORTATION AND MOTOR VEHICLES

Wednesday, April 21, 2004, 12:00 p.m. Hearing Room 7.

Public hearing will be held at approximately 12:30 p.m.

Public hearings to be held on: HB 1663, HB 1283, HB 1715, HB 1688,

HB 1690, SCS SB 710, SCS SB 1262

Executive session will be held on: HB 1401, SCS SB 757, SCS SB 771, SB 772, SB 824,

SCS SB 845, SB 894, SB 899, SB 900, SCS SB 956, SCS SB 992, SB 1259, SB 870

WORKFORCE DEVELOPMENT AND WORKPLACE SAFETY

Wednesday, April 21, 2004, 12:00 p.m. Hearing Room 3.

Executive session may follow.

Public hearing to be held on: HB 1662

HOUSE CALENDAR

FIFTY-FIFTH DAY, WEDNESDAY, APRIL 21, 2004

HOUSE BILLS FOR SECOND READING

HB 1743 through HB 1748

HOUSE JOINT RESOLUTION FOR PERFECTION

HCS HJR 28 - Roark (139)

HOUSE BILLS FOR PERFECTION

1          HCS HB 1105, 1062, 1111, 1113 & 1119 - Crawford (117)

2          HCS HB 1380 - Lager (4)

3          HCS HB 1150 - May (149)

4          HB 1092 - Deeken (114)

5          HCS HB 843, 880 & 1042 - Angst (146)

6          HB 1424 - Stefanick (93)

7          HB 1302 - Lager (4)

8          HCS HB 1085 - Townley (112)

9          HB 1337 - Nieves (98)

10        HB 1109 - Crawford (117)

11        HCS HB 1243, 1094 & 931 - Mayer (159)

12        HCS HB 1267 - Cooper (120)

13        HCS HB 1093 - Deeken (114)

14        HB 1408 - Mayer (159)

15        HB 1599 - Ervin (35)

16        HCS HB 1671 - Hanaway (87)

17        HCS HB 1181 & 1719 - Selby (105)

HOUSE JOINT RESOLUTION FOR THIRD READING

HS HCS HJR 39, 38, 42 & 47 - Engler (106)

HOUSE BILLS FOR THIRD READING

1          HS HB 1409 - Dempsey (18)

2          HS HCS HB 1477 & 1563 - Schaaf (28)

3          HB 844 - Mayer (159)

4          HB 773 - Icet (84)

5          HCS HB 1286 & 1175 - Guest (5)

6          HS HCS HB 1285 - Engler (106)

7          HCS HB 1509 - Portwood (92)

8          HCS HB 1099 - Reinhart (34)

9          HB 1160 - Parker (12)

10        HS HCS HB 1433 - Wood (62)

HOUSE BILL FOR THIRD READING - FEDERAL MANDATE

HCS HB 1118 - Schlottach (111)

HOUSE BILLS FOR THIRD READING - CONSENT

1          HCS HB 1524 - Ransdall (148)

2          HCS HB 1069 - Bivins (97)

SENATE BILLS FOR THIRD READING - CONSENT

 (4/15/2004)

SCS SB 878 - Rector (124)

 (4/19/2004)

SCS SB 1331 - Bivins (97)

SENATE BILLS FOR THIRD READING

1          HCS SB 1080 - Wallace (143)

2          HCS SCS SB 754 - Luetkemeyer (115)

3          HCS SS SCS SB 1099 - Dempsey (18)

4          HCS SS SCS SBs 740, 886 & 1178 - Myers (160)

5          SB 932 - Wilson (130)

6          HCS SCS SBs 1020, 889 & 869, (Budget 4-19-04) - Goodman (132)

7          SCS SB 1040, HCA 1, E.C. - Townley (112)

8          SCS SB 1100 - Byrd (94)

9          HCS SCS SBs 1144, 919, & 874, E.C. - Schlottach (111)

10        HCS SCS SB 1160 - Johnson (47)

BILL IN CONFERENCE

CCR#2 HCS SB 739, as amended - Myers (160)

VETOED HOUSE BILL

HCR 5 - Byrd (94)