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:

AYES: 152

Abel

Adams

Angst

Avery

Baker

Barnitz

Bean

Bearden

Behnen

Bishop

Bivins

Black

Bland

Bough

Boykins

Bringer

Brown

Bruns

Burnett

Byrd

Campbell

Carnahan

Cooper 120

Cooper 155

Corcoran

Crawford

Crowell

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis 122

Davis 19

Deeken

Dempsey

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Engler

Ervin

Fares

Fraser

George

Goodman

Graham

Green

Guest

Hampton

Harris 110

Harris 23

Haywood

Henke

Hobbs

Holand

Hoskins

Hubbard

Icet

Jackson

Jetton

Johnson 61

Johnson 90

Jolly

Jones

Kelly 144

Kelly 36

Kingery

Kratky

Kuessner

Lager

Lawson

Lembke

LeVota

Liese

Lipke

Lowe

Luetkemeyer

Marsh

May

Mayer

McKenna

Meiners

Merideth

Miller

Moore

Morris

Muckler

Munzlinger

Myers

Nieves

Page

Parker

Pearce

Phillips

Portwood

Pratt

Purgason

Ransdall

Rector

Richard

Roark

Ruestman

Rupp

Salva

Sander

Schaaf

Schlottach

Schneider

Schoemehl

Seigfreid

Selby

Self

Shoemyer

Skaggs

Smith 118

Smith 14

Spreng

St. Onge

Stefanick

Stevenson

Taylor

Thompson

Threlkeld

Townley

Viebrock

Villa

Vogt

Wagner

Walker

Wallace

Walsh

Walton

Ward

Wasson

Whorton

Wildberger

Willoughby

Wilson 119

Wilson 130

Wilson 25

Wilson 42

Witte

Wood

Wright

Yaeger

Yates

Zweifel

Madam Speaker

NOES: 000

PRESENT: 001

Sager

ABSENT WITH LEAVE: 010

Brooks

Hilgemann

Hunter

Johnson 47

King

Quinn

Reinhart

Shoemaker

Sutherland

Young

         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:

AYES: 076

Abel

Adams

Bishop

Bland

Boykins

Bringer

Brooks

Burnett

Campbell

Carnahan

Corcoran

Crowell

Curls

Darrough

Daus

Davis 122

Donnelly

Dougherty

El-Amin

Fraser

George

Goodman

Graham

Green

Guest

Hampton

Harris 110

Harris 23

Haywood

Henke

Hilgemann

Hoskins

Hubbard

Johnson 61

Johnson 90

Jolly

Jones

Kelly 36

Kratky

Kuessner

LeVota

Liese

Lowe

Mayer

McKenna

Meiners

Muckler

Page

Ransdall

Sager

Salva

Schoemehl

Selby

Shoemyer

Skaggs

Spreng

Stevenson

Sutherland

Thompson

Villa

Vogt

Wagner

Walker

Walsh

Walton

Ward

Whorton

Wildberger

Willoughby

Wilson 25

Wilson 42

Witte

Yaeger

Young

Zweifel

Madam Speaker

NOES: 084

Angst

Avery

Baker

Barnitz

Bean

Bearden

Behnen

Bivins

Black

Bough

Brown

Bruns

Byrd

Cooper 120

Cooper 155

Crawford

Cunningham 145

Cunningham 86

Davis 19

Deeken

Dempsey

Dethrow

Dixon

Dusenberg

Emery

Engler

Ervin

Fares

Hobbs

Hunter

Icet

Jackson

Jetton

Johnson 47

Kelly 144

King

Kingery

Lager

Lembke

Lipke

Luetkemeyer

Marsh

May

Merideth

Miller

Moore

Morris

Munzlinger

Myers

Nieves

Parker

Pearce

Phillips

Portwood

Pratt

Purgason

Rector

Reinhart

Richard

Roark

Ruestman

Rupp

Sander

Schaaf

Schlottach

Schneider

Seigfreid

Self

Shoemaker

Smith 118

Smith 14

St. Onge

Stefanick

Taylor

Threlkeld

Townley

Viebrock

Wallace

Wasson

Wilson 119

Wilson 130

Wood

Wright

Yates

PRESENT: 000

ABSENT WITH LEAVE: 003

Holand

Lawson

Quinn

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

         Which motion was defeated by the following vote:

AYES: 067

Abel

Adams

Barnitz