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House Journal - January 31, 1996

House Journal

Second Regular Session, 88th General Assembly

EIGHTEENTH DAY, Wednesday, January 31, 1996

Speaker Gaw in the Chair.

Prayer by Reverend Cheryl L. Tatham.

Save this moment, O God of All that is, from being just a token gesture to custom and convention, and make it a real experience for each one of us in this place, as we pause to call upon you for guidance and help.

We acknowledge our shortcomings, our selfishness, our smugness and our pride. Forgive us when we come short of your will for us and for our state. Forgive us our forgetfulness of this state's needs and our contentment to accept things the way they are -- Give us the courage to make a difference where we can.

On this last day of the first month of a new year, may we look into the months ahead with renewed commitment to do our best and to remember that with You all things are possible. Help each of us to be a part of the solution instead of part of the problem.

Guide and direct and undergird each member of this House as they work to be faithful to You and to the people of the state of Missouri. Amen.

The Pledge of Allegiance to the flag was recited.

The Journal of the seventeenth day was approved as printed by the following vote:

AYES: 158

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            Foster           Franklin         Froelker
Garnett          Gaskill          Gibbons          Goward           Graham
Gratz            Green            Griesheimer      Gross            Gunn
Hagan-Harrell    Hall             Hand             Harlan           Hartzler 123
Hartzler 124     Heckemeyer       Hegeman          Hendrickson      Hickey
Hohulin          Hoppe            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          Mays 50
McBride          McClelland       McLuckie         Mitchell         Montgomery
Morgan           Murphy           Murray 69        Murray 135       Naeger
Nordwald         O'Connor         O'Neill          O'Toole          Oetting
Ostmann          Overschmidt      Pauley           Pouche           Prost
Pryor            Reynolds         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          Tate             Thomason 163     Thompson 37      Treadway
Troupe           Van Zandt        Vogel            Wannenmacher     Ward
Whiteside        Wieland          Wiggins          Williams 121     Williams 159
Witt             Wooten           Mr. Speaker

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 004

Barnes           Ford             Griffin          Ribaudo

                  VACANCY: 001

                           RESOLUTIONS

Representatives Gratz and Vogel offered House Resolution No. 199.

Representative Scheve offered House Resolution No. 200, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Garnett offered House Resolution No. 201, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Hosmer offered House Resolution No. 202, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representatives Surface, Marble and Bartelsmeyer offered House Resolution No. 203, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Whiteside offered House Resolution No. 204, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative McClelland offered House Resolution No. 205, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Backer offered House Resolution No. 206, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Backer offered House Resolution No. 207, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Vogel offered House Resolution No. 208, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Crump offered House Resolution No. 209, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Marble offered House Resolution No. 210, which was referred to the Committee on Miscellaneous Bills and Resolutions.

             SECOND READING OF HOUSE JOINT RESOLUTION

HJR 50 was read the second time.

          SECOND READING OF HOUSE BILLS - APPROPRIATIONS

HB 1001 through HB 1013 were read the second time.

                  SECOND READING OF HOUSE BILLS

HB 1344 through HB 1371 were read the second time.

                     REFERRAL OF HOUSE BILLS

The following House Bills were referred to the Committee indicated:

HB 1001 - Budget

HB 1002 - Budget

HB 1003 - Budget

HB 1004 - Budget

HB 1005 - Budget

HB 1006 - Budget

HB 1007 - Budget

HB 1008 - Budget

HB 1009 - Budget

HB 1010 - Budget

HB 1011 - Budget

HB 1012 - Budget

HB 1013 - Budget

                        COMMITTEE CHANGES
                               1996

The Speaker submitted the following Committee changes:

Representative Van Zandt appointed Vice-Chair of the Urban Affairs Committee.

Representative Klumb no longer a member of the Urban Affairs Committee.

The Speaker has re-appointed a special House Automation Committee as follows:

Representatives Thomason (163), Chair; Skaggs, Sears, Howerton and Wible- Murray.

COMMITTEE REPORTS

Committee on Miscellaneous Bills and Resolutions, Chairman Pauley reporting:

Mr. Speaker: Your Committee on Miscellaneous Bills and Resolutions, to which was referred HOUSE RESOLUTIONS Nos. 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, and 210, begs leave to report it has examined the same and recommends that they Do Pass.

Committee on Elections, Chairman Days reporting:

Mr. Speaker: Your Committee on Elections, to which was referred HB 846, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

              INTRODUCTION OF HOUSE JOINT RESOLUTION

The following House Joint Resolution was read the first time and 1,000 copies ordered printed:

HJR 51, introduced by Representative Farmer, et al, relating to natural resources.

                   INTRODUCTION OF HOUSE BILLS

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

HB 1372, introduced by Representative Mays (50), relating to the funding of the Missouri utilicare and related energy assistance programs.

HB 1373, introduced by Representatives Bland and Gunn, et al, relating to scholarships to increase minority student enrollment in environmentally related courses of study.

HB 1374, introduced by Representative Scheve, relating to the taxation of certain financial institutions.

HB 1375, introduced by Representatives Secrest and Gratz, et al, relating to administrative procedure.

HB 1376, introduced by Representatives McClelland and Pryor, et al, relating to special education due-process hearings.

HB 1377, introduced by Representative Bland, et al, relating to certain health care providers.

HB 1378, introduced by Representative Farmer, et al, relating to the uniform common interest ownership act.

HB 1379, introduced by Representatives Gross and Lumpe, et al, relating to certain operations of government.

HB 1380, introduced by Representative Lumpe, relating to the expiration date for the nursing facility reimbursement allowance.

HB 1381, introduced by Representative Kelley (47), et al, relating to trial procedure.

HB 1382, introduced by Representative Kelley (47), et al, relating to trial proceedings before and after trial.

HB 1383, introduced by Representative Kelley (47), et al, relating to joint and several liability.

HB 1384, introduced by Representative Kelley (47), et al, relating to the statute of limitation for certain actions.

HB 1385, introduced by Representative Kelley (47), et al, relating to civil procedures and limitations.

HB 1386, introduced by Representative Kelley (47), et al, relating to damages arising from certain drugs.

HB 1387, introduced by Representative Kelley (47), et al, relating to admissibility of certain evidence.

HB 1388, introduced by Representative Kelley (47), et al, relating to interest on certain judgments.

HB 1389, introduced by Representative Kelley (47), et al, relating to the courts of this state.

HB 1390, introduced by Representative Kelley (47), et al, relating to evidence.

HB 1391, introduced by Representative Kelley (47), et al, relating to torts.

HB 1392, introduced by Representative Dougherty, relating to domestic violence.

HB 1393, introduced by Representatives Kissell and Murray (69), et al, relating to criminal procedure.

HB 1394, introduced by Representative O'Toole, et al, relating to telecommunications.

                     MESSAGES FROM THE SENATE

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 629, entitled:

An Act to repeal section 544.665, RSMo 1994 and sections 304.009 and 304.010, RSMo Sup. 1995, relating to the operation of motor vehicles and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions and an emergency clause.

In which the concurrence of the House is respectfully requested.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SB 687, entitled:

An Act to repeal sections 162.855, 162.860, 162.865, 162,870 and 162.910, RSMo 1994, relating special school districts, and to enact eleven new sections relating to the same subject, with an emergency clause.

Emergency Clause Adopted.

In which the concurrence of the House is respectfully requested.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SB 521, entitled:

An Act to repeal sections 274.030, 274.220 and 274.230, RSMo 1994, relating to cooperatives, and to enact four new sections relating to the same subject.

In which the concurrence of the House is respectfully requested.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 540, entitled:

An Act to repeal sections 31.040, 192.010, 199.010, 199.020, 199.025, 199.037, 199.210, 199.230, 199.240, 199.250, and 199.260, RSMo 1994, and sections 31.010 and 199.029, RSMo Supp. 1995, relating to the Missouri rehabilitation center, and to enact in lieu thereof twenty new sections relating to the same subject, with a contingent termination date for certain sections and an emergency clause.

Emergency Clause Adopted.

In which the concurrence of the House is respectfully requested.

Eighteenth Day-Wednesday, January 31, 1996

WITHDRAWAL OF HOUSE BILLS

January 30, 1996

Mr. Doug Burnett

Chief Clerk

House Post Office

Jefferson City, MO 65101

Dear Doug,

Please accept this letter for a withdrawn bill, HB 1216. As of January 29th this bill had not been assigned to a committee. New information has come about regarding this bill so it will be much easier to just start over fresh.

Thank you.

Respectfully submitted,

/s/ Dale Whiteside

January 30, 1996

Mr. Doug Burnett

Chief Clerk

House Post Office

Jefferson City, MO 65101

Dear Doug,

Please accept this letter for a withdrawn bill, HB 884. This bill was referred to the Tourism, Recreation & Cultural Affairs Committee and I will also forward a letter to the Chairman, Francis Overschmidt. Thank you.

Respectfully submitted,

/s/ Dale Whiteside

January 31, 1996

Doug Burnett

Chief Clerk

Missouri House of Representatives

Capitol Building

Jefferson City, MO 65101

Dear Mr. Burnett:

I respectfully request that House Bill 1324 be withdrawn.

Thank you for your consideration of my request.

Respectfully submitted,

/s/ Mary Groves Bland

January 31, 1996

Doug Burnett

Chief Clerk

Missouri House of Representatives

Capitol Building

Jefferson City, MO 65101

Dear Doug:

I respectfully request that House Bill 896, be withdrawn.

Thank you for your consideration of my request.

Respectfully submitted,

/s/ S. Sue Shear

                           ADJOURNMENT

On motion of Representative Backer, the House adjourned until 10:00 a.m., Thursday, February 1, 1996.

                      COMMITTEE MEETINGS

APPROPRIATIONS - EDUCATION AND PUBLIC SAFETY

Monday, February 5, 1996, 1:00 pm. Hearing Room 7 Mark-up.

To be considered - HB 1003, HB 1008

APPROPRIATIONS - EDUCATION AND PUBLIC SAFETY

Tuesday, February 6, 1996. Hearing Room 7 upon adjournment. Mark-up.

To be considered - HB 1008, HB 1002

APPROPRIATIONS - EDUCATION AND PUBLIC SAFETY

Wednesday, February 7, 1996. Hearing Room 7 upon adjournment. Mark-up.

Possible Executive Session

To be considered - HB 1002

APPROPRIATIONS - GENERAL ADMINISTRATION & TRANSPORTATION

Thursday, February 1, 1996. Hearing Room 9 fifteen minutes after adjournment.

HB 1012 General Assembly Cancelled