House Journal

Second Regular Session, 88th General Assembly

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TWENTY-FOURTH DAY, Monday, February 12, 1996

Speaker Gaw in the Chair.

Prayer by Father Hugh Behan.

"I heard a voice cry...tell him the meaning of the vision." (Dan. 8:15)

Today the nation celebrates the birthday and the heritage of Abraham Lincoln.

This afternoon, gracious Lord, we acknowledge that our heroes combined two characteristics: in many ways, they were captives of their own culture, as we are, but more significantly, they could stand taller and challenge their contemporaries on some significant issues.

Today, we ask for the same spirit, the vision, and the courage we need to solve the challenges we face. Strengthen the Union, heal our divisiveness by prodding us to overcome the prejudices and the pressures which keep many of us enslaved to the old way of doing business, and so we deprive all citizens of their fair share of the blessings of liberty. Amen.

The Pledge of Allegiance to the flag was recited.

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

                           RESOLUTIONS

Representative Thomason (163) offered House Resolution No. 276, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Pouche offered House Resolution No. 277, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Pouche offered House Resolution No. 278, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Gross offered House Resolution No. 279, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Barnett offered House Resolution No. 280, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Sears offered House Resolution No. 281, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Gratz offered House Resolution No. 282, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Gratz offered House Resolution No. 283, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representatives Bartelsmeyer and Gaskill offered House Resolution No. 284, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Boucher offered House Resolution No. 285, which was referred to the Committee on Miscellaneous Bills and Resolutions.

                  SECOND READING OF HOUSE BILLS

HB 1473 through HB 1495 were read the second time.

                        COMMITTEE REPORTS

Committee on Rules, Joint Rules and Bills Perfected and Printed, Chairman Backer reporting:

Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred (By Consent) HB 846, begs leave to report that it has examined the same and finds it to be truly perfected and that the printed copies thereof furnished the members are correct.

Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred HCS HB 904, 788 and 966, begs leave to report it has examined the same and finds it to be truly perfected and that the printed copies thereof furnished the members are correct.

Committee on Civil and Criminal Law, Chairman Hosmer reporting:

Mr. Speaker: Your Committee on Civil and Criminal Law, to which was referred HBs 800, 812, 817 and 821, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Retirement, Chairman Hagan-Harrell reporting:

Mr. Speaker: Your Committee on Retirement, to which was referred HB 1249, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

                     PERFECTION OF HOUSE BILL

HCS HBs 1069, 794, 807, 936, 1128, 1153 and 1202, relating to maternity benefits, was taken up by Representative Kelly (27).

Representative Kelly (27) offered HS HCS HBs 1069, 794, 807, 936, 1128, 1153 and 1202.

Representative Kelly (27) offered House Amendment No. 1.

                            House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bills 1069, 794, 807, 936, 1128, 1153 and 1202, section 376.1210, page 7, line 8 from the top of the page, by inserting the word "similar" after the word "any"

On motion of Representative Kelly (27), House Amendment No. 1 was adopted.

Representative Lumpe offered House Amendment No. 2.

                      House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bills 1069, 794, 807, 936, 1128, 1153 and 1202, section 376.1210, page 5, lines 8-12 from the top of said page, by deleting all of said lines and inserting:

(1) A shorter hospital stay meets with the approval of the attending physician after consulting with the mother. The physician's approval to discharge shall be made in accordance with the most current version of the "Guidelines for Perinatal Care" prepared by the American Academy of Pediatrics and the American College of Obstetricians and Gynecologists, or similar guidelines prepared by another nationally recognized medical organization; and

Further amend, page 6, lines 5-7 from the top of said page, by deleting all of said lines and inserting:

laboratory. Such services shall be in accordance with the medical criteria outlined in the most current version of the "Guidelines for Perinatal Care" prepared by the American Academy of Pediatrics and the American College of Obstetricians and Gynecologists, or similar guidelines prepared by another nationally recognized medical organization. Any

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

On motion of Representative Kelly (27), HS HCS HBs 1069, 794, 807, 936, 1128, 1153 and 1202, as amended, was adopted.

On motion of Representative Kelly (27), HS HCS HBs 1069, 794, 807, 936, 1128, 1153 and 1202, as amended, was ordered perfected and printed.

Representative Backer suggested the absence of a quorum.

The following roll call indicated a quorum present:

AYES: 000

NOES: 000

PRESENT: 154

Akin             Alter            Auer             Backer           Ballard
Barnett 4        Bartelsmeyer     Bennett 15       Bland            Boatright
Bonner           Boucher          Bray             Broach           Brown
Burton           Canuteson        Carter           Champion         Childers
Chrismer         Cierpiot         Clayton          Cooper           Copeland
Crum 112         Crump 152        Daniel 42        Daniels 41       Davis
Days             Donovan          Dougherty        Edwards-Pavia    Elliott
Enz              Evans            Farmer           Farnen           Fiebelman
Fitzwater        Foley            Ford             Foster           Franklin
Froelker         Garnett          Gaskill          Gibbons          Goward
Graham           Gratz            Green            Griesheimer      Gross
Gunn             Hall             Hand             Harlan           Hartzler 123
Hartzler 124     Heckemeyer       Hegeman          Hendrickson      Hickey
Hohulin          Hosmer           Howerton         Jacob            Kasten
Kauffman         Keeven           Kelley 47        Kelly 27         Kissell
Klumb            Koller           Kreider          Lakin            Leake
Legan            Levin            Liese            Linton           Lograsso
Long             Loudon           Luetkenhaus      Lumpe            Marble
Marshall 26      Marshall 133     May 108          McBride          McClelland
McLuckie         Mitchell         Montgomery       Morgan           Murphy
Murray 69        Murray 135       Naeger           Nordwald         O'Connor
O'Neill          O'Toole          Ostmann          Overschmidt      Pouche
Prost            Pryor            Reynolds         Ribaudo          Richardson
Ridgeway         Rizzo            Robirds          Ross             Sallee
Scheve           Schilling        Schwab           Scott            Sears 1
Secrest          Shear 83         Sheldon 104      Shelton 57       Shields
Skaggs           Smith            Sombart          Steen            Stokan
Stoll            Summers          Surface          Thomason 163     Thompson 37
Treadway         Troupe           Van Zandt        Vogel            Wannenmacher
Ward             Whiteside        Wieland          Wiggins          Williams 121
Williams 159     Witt             Wooten           Mr. Speaker

ABSENT WITH LEAVE: 007

Barnes           Hagan-Harrell    Hoppe            Mays 50          Oetting
Pauley           Tate

VACANCY: 002

                               REFERRAL OF HOUSE JOINT RESOLUTIONS

The following House Joint Resolutions were referred to the Committee indicated:

HJR 54 - State Parks, Recreation and Natural Resources

HJR 55 - Governmental Organization and Review

HJR 56 - State Parks, Recreation and Natural Resources

HJR 57 - Ways and Means

REFERRAL OF HOUSE BILLS

The following House Bills were referred to the Committee indicated:

HB 1417 - Judiciary and Ethics

HB 1418 - Tourism, Recreation and Cultural Affairs

HB 1419 - Correctional and State Institutions

HB 1420 - Agriculture

HB 1421 - Education - Elementary and Secondary

HB 1422 - Professional Registration and Licensing

HB 1423 - Civil and Criminal Law

HB 1424 - Social Services, Medicaid and the Elderly

HB 1425 - Commerce

HB 1426 - Public Health and Safety

HB 1427 - Education - Elementary and Secondary

HB 1428 - Professional Registration and Licensing

HB 1429 - Judiciary and Ethics

HB 1430 - Civil and Criminal Law

HB 1431 - Correctional and State Institutions

HB 1432 - Banks and Financial Institutions

HB 1433 - Governmental Organization and Review

HB 1434 - Ways and Means

HB 1435 - Miscellaneous Bills and Resolutions

HB 1436 - Children, Youth and Families

HB 1437 - Education - Elementary and Secondary

HB 1438 - Civil and Criminal Law

HB 1440 - Consumer Protection

HB 1442 - Insurance

HB 1443 - Miscellaneous Bills and Resolutions

HB 1444 - Governmental Organization and Review

HB 1445 - Budget

HB 1446 - Education - Elementary and Secondary

HB 1447 - Insurance

HB 1448 - Insurance

HB 1449 - Agriculture

HB 1450 - Energy and Environment

HB 1451 - State Parks, Recreation and Natural Resources

HB 1452 - Commerce

HB 1453 - Motor Vehicle and Traffic Regulations

HB 1454 - Children, Youth and Families

HB 1455 - Children, Youth and Families

HB 1456 - Local Government and Related Matters

HB 1457 - Budget

HB 1458 - Children, Youth and Families

HB 1459 - Agri-Business

HB 1460 - Local Government and Related Matters

HB 1462 - Education - Elementary and Secondary

HB 1463 - Education - Elementary and Secondary

HB 1464 - Civil and Criminal law

HB 1465 - Judiciary and Ethics

HB 1466 - Ways and Means

HB 1467 - Budget

HB 1468 - Judiciary and Ethics

HB 1469 - Governmental Organization and Review

HB 1470 - Commerce

HB 1471 - Education - Higher

HB 1472 - Insurance

HB 1473 - Professional Registration and Licensing

HB 1474 - Public Health and Safety

HB 1475 - Insurance

HB 1476 - Transportation

HB 1477 - Elections

HB 1478 - Transportation

HB 1479 - Local Government and Related Matters

HB 1480 - Motor Vehicle and Traffic Regulations

HB 1481 - Education - Elementary and Secondary

HB 1482 - Local Governmental and Related Matters

HB 1483 - Civil and Criminal Law

HB 1484 - Public Health and Safety

HB 1485 - Motor Vehicle and Traffic Regulations

HB 1486 - Municipal Corporations

HB 1487 - Children, Youth and Families

HB 1488 - Retirement

HB 1489 - Elections

HB 1490 - Correctional and State Institutions

HB 1491 - Correctional and State Institutions

HB 1492 - Public Health and Safety

HB 1493 - Governmental Organizational and Review

HB 1494 - Transportation

HB 1495 - Judiciary and Ethics

                   INTRODUCTION OF HOUSE BILLS

The following House Bills were read the first time and 1,000 copies ordered printed:

HB 1496, introduced by Representative Kissell, relating to certain escrow accounts.

HB 1497, introduced by Representative Pouche, relating to planning and zoning in certain counties.

HB 1498, introduced by Representative Pouche, relating to county commission duties.

HB 1499, introduced by Representative Pouche, relating to sewer district trustees.

HB 1500, introduced by Representatives Kelly (27), Murray (69) and Witt, et al, relating to the local government employees' retirement system.

HB 1501, introduced by Representative Fitzwater, et al, relating to special education due-process hearings.

HB 1502, introduced by Representative Broach, et al, relating to tax increment allocation financing.

HB 1503, introduced by Representatives Koller and Wannenmacher, et al, relating to roadside signs.

HB 1504, introduced by Representatives Schwab and Kasten, relating to county coroners and medical examiners.

HB 1505, introduced by Representatives Hartzler (124) and Backer, et al, relating to adoption.

                     WITHDRAWAL OF HOUSE BILL

February 12, 1996

Mrs. Joan Branson

Asst. Chief Clerk

House of Representatives

Capitol Bldg.

Jefferson City, MO 65101

Dear Mrs. Branson:

This will inform you that I wish to withdraw House Bill No. 862.

Respectfully submitted,

/s/ Rep. Mary Groves Bland

District #43

The following member's presence was noted: Hoppe.

                           ADJOURNMENT

On motion of Representative Backer, the House adjourned until 10:00 a.m., Tuesday, February 13, 1996.

CORRECTION TO THE HOUSE JOURNAL

Correct House Journal, Twenty-Third Day, Thursday, February 8, 1996, Pages 6 and 7, roll call, by showing Representative Gratz voting "aye" rather than "absent with leave".

                      COMMITTEE MEETINGS    

ACCOUNTS, OPERATIONS, AND FINANCE

Wednesday, February 14, 1996. Room 414 upon morning adjournment.

AGRICULTURE

Wednesday, February 14, 1996, 3:00 pm. Hearing Rooms 3 & 4. Executive Session.

To be considered - HB 1205, HB 1212, HB 1214, HB 1305, HCR 4

APPROPRIATIONS - GENERAL ADMINISTRATION & TRANSPORTATION

Tuesday, February 13, 1996. Hearing Room 9 fifteen minutes after morning adjournment.

To be considered - HB 1013

APPROPRIATIONS - HEALTH AND MENTAL HEALTH

Tuesday, February 13, 1996. Hearing Room 5 upon adjournment. Mark-up and possible executive session. Dept.of Health, Dept. of Mental Health.

APPROPRIATIONS - HEALTH AND MENTAL HEALTH

Wednesday, February 14, 1996. Hearing Room 5 upon adjournment. Mark-up and possible executive session. Dept.of Health, Dept. of Mental Health.

APPROPRIATIONS - SOCIAL SERVICES AND CORRECTIONS

Tuesday, February 13, 1996. Hearing Rooms 1 & 2 twenty-five minutes after adjournment. Mark-up

To be considered - HB 1009

APPROPRIATIONS - SOCIAL SERVICES AND CORRECTIONS

Wednesday, February 14, 1996. Hearing Rooms 1 & 2 twenty-five minutes after adjournment. Mark-up

To be considered - HB 1011

BUDGET

Tuesday, February 13, 1996, 8:30 am. Hearing Room 9. Executive Session.

To be considered - HB 1380, HB 905

Twenty-fourth Day-Monday, February 12, 1996

BUDGET

Wednesday, February 14, 1996, 8:30 am. Hearing Room 9.

To be considered - HB 1001, HB 1002, HB 1003

BUDGET

Thursday, February 15, 1996, 8:30 am. Hearing Room 9.

To be considered - HB 1002, HB 1003

CHILDREN, YOUTH, AND FAMILIES

Wednesday, February 14, 1996, 8:00 am. Hearing Rooms 1 & 2. Possible Executive Session.

To be considered - HB 981, HB 1042, HB 1109, HB 1250, HB 1320

CHILDREN, YOUTH, AND FAMILIES

Wednesday, February 14, 1996, 7:30 pm. Hearing Room 8.

To be considered - HB 1403

CIVIL AND CRIMINAL LAW

Wednesday, February 14, 1996, 8:00 pm. Hearing Room 7. Executive Session may follow.

To be considered - HB 1168, HB 1199, HB 993, HB 1178, HB 1357, HB 1393,

HB 887, HB 1304

COMMERCE

Wednesday, February 14, 1996, 9:00 pm. Hearing Room 9. Executive Session may follow.

To be considered - HB 1296, HB 1237, HB 1371, HB 1102

CONSUMER PROTECTION

Tuesday, February 13, 1996, 8:00 pm. Hearing Room 1 & 2.

To be considered - HB 949, HB 843, HB 1394, HB 786, HB 1372

CORRECTIONAL & STATE INSTITUTIONS

Tuesday, February 13, 1996, 8:00 pm. Hearing Room 9.

To be considered - HB 1082, HB 1257

EDUCATION - ELEMENTARY AND SECONDARY

Tuesday, February 13, 1996, 3:00 pm. Hearing Room 8. Executive Session to follow.

To be considered - HB 1310, HB 902, HB 1336, SB 687

EDUCATION - HIGHER

Wednesday, February 14, 1996, 3:00 pm. Hearing Room 8.

To be considered - HB 1414, HB 1364, HB 860, HB 1373

ELECTIONS

Tuesday, February 13, 1996, 8:00 pm. Hearing Room 7. Executive Session may follow.

To be considered - HB 1335, HB 1184, HB 1334, HB 1401

FEES AND SALARIES

Wednesday, February 14, 1996, 3:00 pm. Hearing Room 1. Executive Session to follow.

To be considered - HB 1190, HB 1356, HB 1274

GOVERNMENTAL ORGANIZATION AND REVIEW

Wednesday, February 14, 1996, 8:00 am. Hearing Room 8. Executive Session to follow.

To be considered - HB 994, HB 1229, HB 1340

INSURANCE

Tuesday, February 13, 1996, 8:00 am. Hearing Room 8.

To be considered - HB 1119, HB 1060, HB 1062, HB 1074, HB 1289

JUDICIARY AND ETHICS

Tuesday, February 13, 1996, 3:00 pm. Hearing Room 5. Executive Session may follow.

To be considered - HB 1350, HB 1360, HB 1361, HB 953

LABOR

Tuesday, February 13, 1996, 8:00 pm. Hearing Room 8.

To be considered - HB 1154, HB 1265, HB 874

LOCAL GOVERNMENT AND RELATED MATTERS

Tuesday, February 13, 1996, 3:00 pm. Hearing Room 3. Executive Session to follow.

To be considered - HB 1222, HB 1330, HB 1346, HB 898

MISCELLANEOUS BILLS AND RESOLUTIONS

Wednesday, February 14, 1996, 8:30 am. Hearing Room 7. Amended Notice.

To be considered - HR 199, HB 1379, HB 1443, HB 1435

MOTOR VEHICLE AND TRAFFIC REGULATIONS

Tuesday, February 13, 1996, 3:00 pm. Hearing Room 7. Amended Notice.

To be considered - HB 1095, HB 1142, HB 1163, HB 1174, HB 1196, HB 1309

MUNICIPAL CORPORATIONS

Wednesday, February 14, 1996, 3:00 pm. Hearing Room 7. Executive Session.

PROFESSIONAL REGISTRATION & LICENSING

Wednesday, February 14, 1996, 8:00 pm. Hearing Room 5.

To be considered - HB 1352, HB 1353, HB 1035, HB 1070, HB 1100, HB 1144

PUBLIC HEALTH AND SAFETY

Tuesday, February 13, 1996, 3:00 pm. Hearing Room 9. Amended Notice.

To be considered - HB 802, HB 885, HB 1026, HB 1081, HB 1247

RETIREMENT

Wednesday, February 14, 1996, 8:00 pm. Hearing Room 2.

To be considered - HB 1339, HB 1355, HB 1398

SOCIAL SERVICES, MEDICAID, AND THE ELDERLY

Tuesday, February 13, 1996, 8:00 pm. Hearing Room 5. Executive Session to follow.

To be considered - SB 575

STATE PARKS, RECREATION AND NATURAL RESOURCES

Wednesday, February 14, 1996, 3:00 pm. Hearing Room 2.

To be considered - HB 1248

SUB-COMMITTEE ON LEGISLATIVE RESEARCH & OVERSIGHT

Tuesday, February 13, 1996, 1:30 pm. Senate Committee Room 1. Contested Fiscal Notes.

Amended Notice

To be considered - SB 641, HB 1097

TRAVEL COMMITTEE

Wednesday, February 14, 1996, 9:00 am. Hearing Room 5.

URBAN AFFAIRS

Tuesday, February 13, 1996, 8:00 pm. Hearing Room 2.

To be considered - HB 1140, HB 1267, HB 1410

WAYS AND MEANS

Tuesday, February 13, 1996, 3:00 pm. Hearing Rooms 1 & 2. Amended Notice.

Executive Session.

To be considered - HB 1155, HB 1158, HB 1219, HB 834, HB 987, HB 1147, HB 969, HB 947

                        HOUSE CALENDAR    

         TWENTY-FIFTH DAY, TUESDAY, FEBRUARY 13, 1996

HOUSE BILLS FOR SECOND READING

HB 1496 through HB 1505

HOUSE BILLS FOR PERFECTION

HCS HB 1146 - Backer

HB 879, HCA 1 and HCA 2 - Kreider & Hosmer

HB 1208 - Backer

HB 1098 - Goward

HB 974, HCA 1 - Crump (152)

HCS HB 849 - Tate

HCS HB 895 - Ostmann

HCS HB 844 & 1059 - Auer & Gunn

HCS HB 1259 - Williams (121)

HB 1041, HCA 1 - McBride

HB 866 - Overschmidt

HCS HB 781 - Stokan

HCS HB 907 & 910 - Treadway

HCS HB 991 - Koller

HCS HB 818 - Kreider & Witt

HOUSE BILLS FOR THIRD READING

HB 905, (Budget Fiscal 2-7-96) - Rizzo

HCS HB 904,788 & 966 - Lakin

HOUSE BILL FOR THIRD READING - CONSENT

HB 846 - Koller