Journal of the House

Second Regular Session, 92nd General Assembly

FIFTY-NINTH DAY, Wednesday, April 28, 2004

The House met pursuant to adjournment.

            Speaker Hanaway in the Chair.

            Prayer by Reverend James Earl Jackson.

              Heavenly Father, we are instructed this morning by Your Word, which says, "I know the plans I have for you, plans to prosper you and not to harm you, plans to give you hope and a future." We take this moment to thank You for Your established plans which gives us hope for our future. May we yield our hearts to these plans and purposes as we establish beneficial laws that lead to economic change and a contented populace.

              May the well-being of our state be first and foremost in our thoughts and discussions throughout this day.

              Provide rest for our soul and strength for our bodies that we might finish this Session well.

              To You be the glory, both now and forever.

              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: Brittaney Stone, Kelsi Gause, Mikal Farley, Daniel Seiler, Chelsea Kenney, Crystal Hemphill, Melissa Whiteside, Keaton Paylor, Kari Salmon, Kourtney Robinson, Blake Beauchamp, Chris Geier, Emily Haskins, Katie Lucarz, Sloane Bowman, Shanese Weaver, Katherine Clayborne, Crystal Frost, Devin Legrone, Lenora Brown, Brendan Richter, Shelby Henry, Steven Reiff, Kaitlin Tinnin, Nikki Pursley, Amanda Foster, Jared Maring, Marcella Hamilton, Isabel Campbell and Jess Grommet.

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

            Representative Lager assumed the Chair.

            Speaker Hanaway resumed the Chair.

SPECIAL RECOGNITION

            The Lincoln University Women’s Track and Field Team was introduced by Representatives Bruns, Wilson (42), Hubbard, Haywood, Walton and Luetkemeyer and recognized for being the 2004 NCAA Division II Indoor Track National Title winners and for taking first place at the 2003 NCAA Division II Outdoor National Championships.

            The Seventh Annual House Employee Appreciation Day was held and employees were recognized for their years of service. Outstanding Employees of the Year were Julie Mealy and Donna Gentzsch.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 2216

                        through

            House Resolution No. 2243 - Representative Baker

            House Resolution No. 2244

                        and

House Resolution No. 2245 - Representative Hanaway

House Resolution No. 2246 - Representative Ransdall

            House Resolution No. 2247 - Representative Hobbs

House Resolution No. 2248 - Representative Crowell

House Resolution No. 2249 - Representative Jackson

House Resolution No. 2250 - Representative Donnelly

House Resolution No. 2251 - Representative Quinn

House Resolution No. 2252

                        through

House Resolution No. 2265 - Representative Black

House Resolution No. 2266

                        through

House Resolution No. 2279 - Representative Hobbs

House Resolution No. 2280

                        through

House Resolution No. 2293 - Representative Portwood

            House Resolution No. 2294 - Representative Shoemaker

House Resolution No. 2295

                        and

House Resolution No. 2296 - Representative Wilson (42), et al

House Resolution No. 2297 - Representative Goodman

House Resolution No. 2298

                        through

House Resolution No. 2302 - Representative Skaggs

House Resolution No. 2303

                        through

House Resolution No. 2308 - Representative Yates

House Resolution No. 2309

                        and

House Resolution No. 2310 - Representative Whorton

HOUSE CONCURRENT RESOLUTION

            Representative Parker, et al, offered House Concurrent Resolution No. 39.

INTRODUCTION OF HOUSE BILL

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

HB 1755, introduced by Representative Parker, relating to advancing minority-owned businesses.

SECOND READING OF HOUSE BILLS

            HB 1752 through HB 1754 were read the second time.

COMMITTEE REPORT

            Committee on Budget, Chairman Bearden reporting:

            Madam Speaker: Your Committee on Budget, to which was referred SS SCS SB 968 and SCS SB 969 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

PERFECTION OF HOUSE BILLS - INFORMAL

            HB 1599, with House Substitute Amendment No. 1 for House Amendment No. 1, House Amendment No. 1, and HS, pending, relating to a Joint Committee on Waste, Fraud and Abuse, was taken up by Representative Ervin.

            Representative Bruns assumed the Chair.

            Representative Crowell moved the previous question.

            Which motion was adopted by the following vote: 

            On motion of Representative Lembke, House Substitute Amendment No. 1 for House Amendment No. 1 was adopted by the following vote:

            Speaker Pro Tem Jetton assumed the Chair.

            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 Ervin, HS HB 1599, as amended, was adopted.

            On motion of Representative Ervin, HS HB 1599, as amended, was ordered perfected and printed.

            HCS HB 1150, with House Amendment No. 6, and HS, as amended, pending, relating to ethics, was taken up by Representative May.

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

            Which motion was defeated.

            Representative Selby offered House Amendment No. 7.

            House Amendment No. 7 was withdrawn.

            Representative Selby offered House Amendment No. 8.

            Representative Goodman raised a point of order that House Amendment No. 8 goes beyond the scope of the underlying substitute.

            The Chair ruled the point of order well taken.

            Representative Byrd offered House Amendment No. 9.

House Amendment No. 9

AMEND House Substitute for House Committee Substitute for House Bill No. 1150, Section 105.487, Page 19, Line 15, by inserting the following after all of said line:

              “105.489. The financial interest statements required to be filed pursuant to the provisions of sections 105.483 to 105.492, other than pursuant to subsection 4 of section 105.485, shall be filed with the appropriate filing officer or officers. For the purpose of sections 105.483 to 105.492, the term "filing officer" is defined as:

              (1) In the case of state elected officials and candidates for such office, and all other state officials and employees, the filing officer is the commission;

              (2) In the case of judges of courts of law, the filing officer shall be the clerk of the supreme court. Financial interest statements filed by judges shall be made available for public inspection unless otherwise provided by supreme court rule;

              (3) In the case of persons holding elective office in any political subdivision and candidates for such offices, and in the case of all other officers or employees of a political subdivision, the filing officer shall be the commission;

              (4) In the case of all other persons required to file financial interest statements for which no filing officer is designated, the filing officer shall be the commission.”; and

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

            Representative Johnson (47) raised a point of order that House Amendment No. 9 goes beyond the scope of the bill.

            The Chair ruled the point of order untimely.

            On motion of Representative Byrd, House Amendment No. 9 was adopted.

            Representative Roark offered House Amendment No. 10.

House Amendment No. 10

AMEND House Substitute for House Committee Substitute for House Bill No. 1150, Page 41, Section 130.011, Line 12, by adding after the words “This Section.” the following:

              “Any Representative elected to serve as Speaker of the House, Speaker Pro Tem, Majority or Minority Floor Leader, Majority or Minority Assistant Floor Leader, Majority or Minority Whip, Majority or Minority Caucus Chair, and any State Senator elected to serve as President Pro Tem, Majority or Minority Floor Leader, Majority or Minority Assistant Floor Leader, Majority or Minority Whip, or Majority or Minority Secretary, shall not qualify as a candidate for Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, or Attorney General while holding any of the above stated positions within the General Assembly.”.

            Representative Sager offered House Amendment No. 1 to House Amendment No. 10.

House Amendment No. 1

to

House Amendment No. 10

AMEND House Amendment No. 10 to House Substitute for House Committee Substitute for House Bill No. 1150, Section 130.011, by inserting at end of said amendment:

              “Section B. Because of the need to avert fiscal hardship of this state, the repeal and reenactment of section 130.011 of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and repeal and reenactment of section 130.011 of this act shall be in full force and effect upon its passage and approval.”.

            House Amendment No. 10, with House Amendment No. 1 pending, was withdrawn.

            On motion of Representative May, HS HCS HB 1150, as amended, was adopted.

            On motion of Representative May, HS HCS HB 1150, as amended, was ordered perfected and printed.

THIRD READING OF SENATE BILL

            HCS SCS SB 1160, relating to a Prescription Drug Repository Program, was taken up by Representative Johnson (47).

            Representative Johnson (47) offered HS HCS SCS SB 1160.

            Representative Bruns resumed the Chair.

            Speaker Hanaway resumed the Chair.

            HCS SCS SB 1160, with HS, pending, was laid over.

APPOINTMENT OF CONFERENCE COMMITTEES

            The Speaker appointed the following Conference Committees to act with like committees from the Senate on the following bills:

SCS HS HCS HB 1003:   Representatives Bearden, Lager, Stevenson, Harris (23) and Fraser.

SCS HS HCS HB 1004:   Representatives Bearden, Lager, Icet, Muckler and Zweifel.

SCS HS HCS HB 1005:   Representatives Bearden, Lager, Icet, Villa and Liese.

SCS HS HCS HB 1006:   Representatives Bearden, Lager, Icet, Whorton and Kuessner.

SCS HS HCS HB 1007:   Representatives Bearden, Lager, Icet, Lowe and Boykins.

SCS HS HCS HB 1008:   Representatives Bearden, Lager, Icet, Barnitz and Wildberger.

SCS HS HCS HB 1009:   Representatives Bearden, Lager, Stevenson, Ward and Meadows.

SCS HS HCS HB 1010:   Representatives Bearden, Lager, Stevenson, Riback Wilson (25) and Johnson (61).

SCS HS HCS HB 1011:   Representatives Bearden, Lager, Icet, Campbell and Sanders Brooks.

SCS HS HCS HB 1012:   Representatives Bearden, Lager, Stevenson, LeVota and Donnelly.

MOTION

            Representative Crowell moved that House Rule 23 be suspended in order for members of the House Conference Committees to meet on SCS HS HCS HB 1003, SCS HS HCS HB 1004, SCS HS HCS HB 1005, as amended, SCS HS HCS HB 1006, SCS HS HCS HB 1007, as amended, SCS HS HCS HB 1008, SCS HS HCS HB 1009, SCS HS HCS HB 1010, as amended, SCS HS HCS HB 1011, as amended, and SCS HS HCS HB 1012, as amended, on April 28, 2004 only.

            Which motion was adopted by the following vote:

            On motion of Representative Crowell, the House recessed until 3:00 p.m.

AFTERNOON SESSION

            The hour of recess having expired, the House was called to order by Representative Bruns.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 2311 - Representative Goodman

House Resolution No. 2312 - Representative Selby

House Resolution No. 2313

                        through

House Resolution No. 2326 - Representative Hanaway

House Resolution No. 2327 - Representative Wright, et al

            House Resolution No. 2328 - Representative Hubbard

            House Resolution No. 2329 - Representatives Dougherty and Harris (110)

            House Resolution No. 2330 - Representative Wilson (119)

            House Resolution No. 2331 - Representative Lipke

INTRODUCTION OF HOUSE JOINT RESOLUTION

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

HJR 58, introduced by Representatives Zweifel, Page, Skaggs, Donnelly and Bishop, relating to the budget control fund.

INTRODUCTION OF HOUSE BILLS

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

HB 1756, introduced by Representative Sager, relating to unauthorized use of traffic signal preemption systems.

HB 1757, introduced by Representative Sager, relating to fraudulently stopping payment of an instrument.

HB 1758, introduced by Representative Sager, relating to civil liability for teachers.

HB 1759, introduced by Representative Sager, relating to teachers and administrative employees.

HB 1760, introduced by Representative Sager, relating to the Missouri abortion reduction program within the department of health and senior services.

            Speaker Hanaway resumed the Chair.

            There was a moment of silent prayer in observance of Workers’ Memorial Day.

            Representative Bruns resumed the Chair.

THIRD READING OF SENATE BILLS

            HCS SCS SB 1160, with HS, pending, relating to the Prescription Drug Repository Program, was again taken up by Representative Johnson (47).

            Representative Willoughby offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 1160, Page 6, Section 196.981, Line 8, by inserting after all of said line the following:

              “3. The state of Missouri shall only be liable for a cause of action in negligence brought under the prescription drug repository program for matters relating to the donating, accepting, or dispensing of prescription drugs. However, in no event shall such liability exceed the lmits provided in section 537.610, RSMo.”.

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

            Which motion was defeated.

            On motion of Representative Johnson (47), HS HCS SCS SB 1160 was adopted.

            On motion of Representative Johnson (47), HS HCS SCS SB 1160 was read the third time and passed by the following vote:

            Representative Bruns declared the bill passed.

            HCS SS SCS SB 1081, relating to residential construction, was taken up by Representative Pratt.

            Representative Pratt offered HS HCS SS SCS SB 1081.

            Representative Pratt offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 1081, Page 11, Section 431.306, Line 3, by inserting after all of said line the following: “or”.

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

            Representative Pratt offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 1081, Page 19, Section 431.315, Line 24, by inserting immediately after all of said line the following:

              “4. The provisions of sections 431.300 to 431.315 shall not apply to an action brought by an insurer, subrogated to the rights of a claimant, if payment was made by the insurer pursuant to a claim under an insurance policy.”.

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

            Speaker Pro Tem Jetton resumed the Chair.

            Representative Bivins offered House Amendment No. 3.

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

            The Chair ruled the point of order well taken.

            Representative Daus offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 1081, Page 14, Section 431.306, Line 15, by inserting after “defects” the following:

              “including defective garage doors”; and

              Further amend said section and page, Line 16, by inserting after “defects” the following:

              “including defective garage doors”.             

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

            Representative Purgason assumed the Chair.

            Representative Crowell moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Pratt, HS HCS SS SCS SB 1081, as amended, was adopted.

            On motion of Representative Pratt, HS HCS SS SCS SB 1081, as amended, was read the third time and passed by the following vote:

            Representative Purgason declared the bill passed.

            HCS SS SCS SB 1099, relating to tax credits, was taken up by Representative Dempsey.

            Representative Dempsey offered HS HCS SS SCS SB 1099.

            Representative Smith (118) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 1099, Section 135.805, Page 20, Line 11, by inserting the following after all of said line:

              “Any business existing in an enterprise zone under section 135.215 on the effective date of this section shall recertify for the abatement and exemption. Effective August 28, 2004, any abatement or exemption provided for in section 135.215 on an individual parcel of real property shall cease after a period of thirty days of business closure, work stoppage, major reduction in force, or a significant change in the type of business conducted at that location. For the purposes of this subsection, “work stoppage” shall not include strike or lockout or time necessary to retool a plan, and “major reduction in force” is defined as a seventy-five percent or greater reduction. Any owner or new owner may reapply, but cannot receive the abatement or exemption for any period of time beyond the original life of the enterprise zone.”.

            On motion of Representative Smith (118), House Amendment No. 1 was adopted.

            Representative Selby offered House Amendment No. 2.

            Representative Yates raised a point of order that House Amendment No. 2 goes beyond the scope of the underlying bill.

            Representative Purgason requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

            On motion of Representative Dempsey, HS HCS SS SCS SB 1099, as amended, was adopted.

            On motion of Representative Dempsey, HS HCS SS SCS SB 1099, as amended, was read the third time and passed by the following vote: