House Journal

Second Regular Session, 89th General Assembly

TWENTY-FIRST DAY, Wednesday, February 11, 1998

Speaker Pro Tem Kreider in the Chair.

Prayer by Father Hugh Behan.

"You know that while all the runners in the stadium take part in the race, the award goes to one." (1 Cor. 9:24).

Two stories from today's news: the movie, Titanic, got 14 Academy award nominations, this time last year the film itself was being written off as a sinking disaster because of its cost and delays. The other story is about how Olympic judges decide on the final score in the pairs figure skating competition - they watch the practices and they see more than, and judge by more than, what is seen in the actual final competition.

This morning, our hearts turn to you our God for those times in our lives when everything seems impossible and we are tempted to throw it in. The story of the Titanic's overwhelming success inspires us. Today, we can also learn from the Olympic judges and use that as a metaphor for You, our God. You look into our hearts, behind the scenes as it were, watching the practice and You do not judge by the externals or one isolated action in our lives. May we apply that same standard to others, having some compassion for their struggle, the unseen work behind the scenes in their lives. 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: Alex Ormsby, Danyel Nobles, Dane Batson, Christopher Brandt, Aaron Burge, Ryan Clodfelter, Blake Collins, James Gieselmann, Jr., James Guise, Jim Hartline, Warren Kearbey, Larry Leeds, Jr., Joe W. Marquis, Devin Myrick, Benjamin Nobles, Kenrick Nobles, D. Michael Priest, Chris Richardson, Jared Stark, D. Eric Ward, Chad White, Joseph Woodruff, Timmy Wymore and Crystal Leeds.

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

AYES: 162

Akin Alter Auer Backer Ballard

Barnett Barry 100 Bartelsmeyer Bartlett Bauer

Bennett Berkstresser Bland Boatright Bonner

Boucher Bray 84 Broach Burton Campbell

Carter Champion Chrismer Cierpiot Clayton

Cooper Copeland Crawford Crump Daniel 42

Daniels 41 Davis 122 Davis 63 Days DeMarce

Dolan Donovan Dougherty Edwards-Pavia Elliott

Enz Evans Farnen Fitzwater Foley

Ford Foster Franklin Fritts Froelker

Gaskill Gaston Gibbons Graham 106 Graham 24

Gratz Green Griesheimer Gross Gunn

Hagan-Harrell Hall Harlan Hartzler 123 Hartzler 124

Heckemeyer Hegeman Hendrickson Hickey Hilgemann

Hohulin Holand Hollingsworth Hoppe Hosmer

Howerton Johnson Kasten Kauffman Kelley 47

Kelly 27 Kennedy Kissell Klindt Koller

Kreider Lakin Lawson Leake Legan

Levin Liese Linton Lograsso Long

Loudon Luetkenhaus Marble May 108 Mays 50

McBride McClelland McLuckie Merideth Miller

Monaco Murphy Murray Naeger Nordwald

O'Connor O'Toole Ostmann Overschmidt Parker

Patek Pouche Pryor Purgason Ransdall

Reinhart Relford Reynolds Richardson Ridgeway

Rizzo Robirds Ross Sallee Scheve

Schilling Schwab Scott Secrest Seigfreid

Shear Sheldon 104 Shelton 57 Shields Skaggs

Smith Steen Stokan Stoll Stroker

Summers Surface Thomason 163 Thompson 37 Thompson 72

Townley Treadway Troupe Van Zandt Vogel

Wannenmacher Wiggins Williams 121 Williams 159 Wilson

Wooten Mr. Speaker

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 000

VACANCY: 001

RESOLUTIONS

Representative Crawford offered House Resolution No. 219, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Elliott offered House Resolution No. 220, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Pouche offered House Resolution No. 221 and House Resolution No. 222, which were referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Crawford offered House Resolution No. 223, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Loudon offered House Resolution No. 224, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Hartzler (124) offered House Resolution No. 225, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Relford offered House Resolution No. 226, which was referred to the Committee on Miscellaneous Bills and Resolutions.

SECOND READING OF HOUSE BILLS

HB 1736 through HB 1745 were read the second time.

COMMITTEE REPORT

Committee on Miscellaneous Bills and Resolutions, Chairman Foley reporting:

Mr. Speaker: Your Committee on Miscellaneous Bills and Resolutions, to which was referred House Resolution No. 162 through House Resolution No. 212, and House Resolution No. 214 through House Resolution No. 218, begs leave to report it has examined the same and recommends that they Do Pass.

PERFECTION OF HOUSE BILL - APPROPRIATIONS

HCS HB 1014, relating to appropriations, was taken up by Representative Franklin.

Representative Franklin offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1014, Page 2, Section 14.038, by deleting all of said section and inserting in lieu thereof the following:

Section 14.038. To the Department of Transportation

For the Transit Program

For the purpose of funding grants under Section 5309, Title 49,

United States Code for a feasibility Study of commuter

rail transportation services, to be expended on an 80%

Federal, 10% State, and 10% Local basis

From General Revenue Fund $ 62,500

From Federal Funds 500,000

From Local Funds 62,500

Total $625,000

Representative McClelland offered House Substitute Amendment No. 1 for House Amendment No. 1.

House Substitute Amendment No. 1

for

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1014, Page 2, Section 14.038, by deleting all of section 14.038.

Representative McClelland moved that House Substitute Amendment No. 1 for House Amendment No. 1 be adopted.

Which motion was defeated.

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

Representative Green offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1014, Page 3, Section 14.045, by deleting said Section and inserting in lieu thereof the following:

"Section 14.045. To the Office of Administration

For the Ethics Commission

Expense and Equipment

From General Revenue Fund $222,400"

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

Representative Leake offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 1014, Page 7, Section 14.145, Line 4, by inserting immediately thereafter one new section to read as follows:

Section 14.150. To the Senate

For Joint Contingent Expenses

From General Revenue Fund $150,000

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

Representative Franklin offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill No. 1014, Page 2, Section 14.025, Line 4, by deleting the figure "163,000" and inserting in lieu thereof the figure "400,000".

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

Representative Patek offered House Amendment No. 5.

House Amendment No. 5

AMEND House Committee Substitute for House Bill No. 1014, Page 3, Section 14.040, Line 7, by deleting lines 7, 8 and 9 of said section.

Representative Patek moved that House Amendment No. 5 be adopted.

Which motion was defeated.

On motion of Representative Franklin, HCS HB 1014, as amended, was adopted.

On motion of Representative Franklin, HCS HB 1014, as amended, was ordered perfected and printed.

REFERRAL OF HOUSE JOINT RESOLUTION

The following House Joint Resolution was referred to the Committee indicated:

HJR 47 - Elections

REFERRAL OF HOUSE BILLS

The following House Bills were referred to the Committee indicated:

HB 1642 - Elections

HB 1643 - Critical Issues

HB 1644 - Labor

HB 1645 - Ways and Means

HB 1646 - Ways and Means

HB 1647 - Insurance

HB 1648 - Correctional and State Institutions

HB 1649 - Criminal Law

HB 1650 - Criminal Law

HB 1651 - Elections

HB 1653 - Civil and Administrative Law

HB 1655 - Criminal Law

HB 1656 - Ways and Means

HB 1657 - Governmental Organization and Review

HB 1659 - Judiciary

HB 1660 - Judiciary

HB 1661 - Ways and Means

HB 1662 - Civil and Administrative Law

HB 1664 - Local Government and Related Matters

HB 1665 - Judiciary

HB 1666 - Ways and Means

HB 1667 - Civil and Administrative Law

HB 1668 - Local Government and Related Matters

HB 1671 - Critical Issues

HB 1672 - Criminal Law

HB 1673 - Criminal Law

HB 1674 - Commerce

HB 1675 - Banks and Financial Institutions

HB 1676 - Agri-Business

HB 1677 - Utilities Regulation

HB 1678 - Budget

HB 1679 - Transportation

HB 1680 - Transportation

HB 1681 - Transportation

HB 1682 - Transportation

HB 1683 - Education - Elementary and Secondary

HB 1684 - Social Services, Medicaid and the Elderly

HB 1685 - Urban Affairs

HB 1686 - Professional Registration and Licensing

HB 1687 - Municipal Corporations

HB 1688 - Public Health and Safety

HB 1689 - Governmental Organization and Review

HB 1690 - Education - Elementary and Secondary

HB 1692 - Education - Elementary and Secondary

HB 1693 - Ways and Means

HB 1695 - Local Government and Related Matters

HB 1696 - Motor Vehicle and Traffic Regulations

HB 1698 - Local Government and Related Matters

HB 1699 - Utilities Regulation

HB 1700 - Workers Compensation and Employment Security

HB 1701 - Transportation

HB 1702 - Education - Elementary and Secondary

HB 1703 - Criminal Law

HB 1704 - Agriculture

HB 1705 - Local Government and Related Matters

HB 1707 - Banks and Financial Institutions

HB 1708 - Correctional and State Institutions

HB 1709 - Correctional and State Institutions

HB 1710 - Motor Vehicle and Traffic Regulations

HB 1711 - Children, Youth and Families

HB 1712 - Environment and Energy

HB 1713 - Miscellaneous Bills and Resolutions

HB 1714 - Criminal Law

HB 1715 - Education - Elementary and Secondary

HB 1716 - Judiciary

HB 1717 - Critical Issues

HB 1718 - Federal-State Relations and Veterans Affairs

HB 1719 - Judiciary

COMMITTEE REPORTS

Committee on Agri-Business, Chairman Williams (159) reporting:

Mr. Speaker: Your Committee on Agri-Business, to which was referred HB 1240, begs leave to report it has examined the same and recommends that it Do Pass.

Committee on Consumer Protection, Chairman McLuckie reporting:

Mr. Speaker: Your Committee on Consumer Protection, to which was referred HB 1323, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Criminal Law, Chairman Hosmer reporting:

Mr. Speaker: Your Committee on Criminal Law, to which was referred HB 1147, HB 1435, HB 1050, HB 1186 and HB 1108, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Social Services, Medicaid and the Elderly, Chairman Gunn reporting:

Mr. Speaker: Your Committee on Social Services, Medicaid and the Elderly, to which was referred HB 1197, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Urban Affairs, Chairman Thompson (37) reporting:

Mr. Speaker: Your Committee on Urban Affairs, to which was referred HB 1091, begs leave to report it has examined the same and recommends that it Do Pass.

Committee on Ways and Means, Chairman Bray reporting:

Mr. Speaker: Your Committee on Ways and Means, to which was referred HB 1546, HB 1305 and HB 1275, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

INTRODUCTION OF HOUSE BILLS

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

HB 1746, introduced by Representatives Surface and Graham (24), relating to motor vehicle registration.

HB 1747, introduced by Representative Ostmann, to authorize the governor to convey certain property located in the city of O'Fallon to the Fort Zumwalt R-II School District.

HB 1748, introduced by Representative Wannenmacher, relating to child labor.

HB 1749, introduced by Representatives Ladd Stokan and Ridgeway, et al, relating to the care of residents in long-term care facilities.

HB 1750, introduced by Representative Schwab, relating to telemarketing practices.

HB 1751, introduced by Representative Kreider, relating to community colleges.

HB 1752, introduced by Representative Dougherty, relating to child protection.

HB 1753, introduced by Representative Treadway, relating to funeral directors.

HB 1754, introduced by Representative Scott, et al, relating to taxation.

HB 1755, introduced by Representative Froelker, relating to operating a motor vehicle.

HB 1756, introduced by Representative Foster, et al, relating to voluntary cancellation of automobile insurance.

HB 1757, introduced by Representative Foster, et al, relating to motor vehicles.

WITHDRAWAL OF HOUSE BILL

February 10, 1998

The Honorable Steve Gaw

Speaker

Missouri House of Representatives

Capitol Building, Room 308

Jefferson City, Missouri 65101

Dear Mr. Speaker:

I respectfully withdraw House Bill 1728.

Respectfully submitted,

/s/ Cindy Ostmann

State Representative

District 14

ADJOURNMENT

On motion of Representative Crump, the House adjourned until 10:00 a.m., Thursday, February 12, 1998.

COMMITTEE MEETINGS

APPROPRIATIONS - EDUCATION AND PUBLIC SAFETY

Thursday, February 12, 1998, 10:45 am. Hearing Room 7.

Call back any agencies if necessary, and executive session if necessary.

APPROPRIATIONS - NATURAL AND ECONOMIC RESOURCES

Thursday, February 12, 1998. Hearing Room 8 upon adjournment.

Finish mark up if necessary - CANCELLED.

APPROPRIATIONS - SOCIAL SERVICES AND CORRECTIONS

Thursday, February 12, 1998. Hearing Room 1 and 2 upon adjournment.

Dept. of Social Services mark up HB 1011.

BUDGET

Thursday, February 12, 1998, 9:00 am. Hearing Room 6. Possible executive session to follow.

To be considered - HJR 32, HB 1229

CRITICAL ISSUES

Thursday, February 12, 1998, 9:00 am. Hearing room 9.

To be considered - Executive Session - HB 1412

ELECTIONS

Thursday, February 12, 1998. Immediately Upon Adjournment. Side Gallery - Northeast Corner.

Executive session.

To be considered - HCS HB 1273

ENVIRONMENT AND ENERGY

Thursday, February 12, 1998, 8:30 am. Hearing Room 3 and 4. Executive session to follow.

To be considered - HB 1394, HB 1475

INSURANCE

Tuesday, February 17, 1998, 8:30 am. Hearing Room 8. Executive session may follow.

To be considered - HB 1565, HB 1504, HB 1175

PROFESSIONAL REGISTRATION & LICENSING

Thursday, February 12, 1998, 9:30 am. Room 401. Executive session.

PUBLIC HEALTH AND SAFETY

Tuesday, February 17, 1998, 7:00 pm. Hearing Room 1 and 2. Executive session may follow.

To be considered - HB 1257, HB 1397

UTILITIES REGULATION

Thursday, February 12, 1998, 8:30 am. Hearing Room 8. Executive session to follow.

To be considered - HB 1371

HOUSE CALENDAR

Twenty-second Day, Thursday, February 12, 1998

HOUSE BILLS FOR SECOND READING

HB 1746 through HB 1757

HOUSE BILLS FOR PERFECTION

HCS HB 1469 - Relford

HCS HB 1167 - Relford

HCS HB 1620 - Overschmidt

HCS HB 1519 & 1165 - Boucher

HCS HB 922 - Gratz

HB 1473 - Hoppe

HOUSE BILL FOR PERFECTION - FEDERAL MANDATE

HCS HB 1161 - Wiggins

COURTESY RESOLUTIONS

HR 162 - DeMarce

HR 163 - Scott

HR 164 - Holand

HR 165 - Bennett

HR 166 - Williams (159)

HR 167 - Richardson

HR 168 - Naeger

HR 169 - McClelland

HR 170 - Surface

HR 171 - Scott

HR 172 - Gaw

HR 173 - Vogel

HR 174 and HR 175 - Hartzler (124)

HR 176 - May (108)

HR 177 - Naeger

HR 178 through HR 181 - Berkstresser

HR 182 - Kasten

HR 183 - Mays (50)

HR 184 - Crawford

HR 185 - Patek

HR 186 - Dolan

HR 187 - Gaw

HR 188 - Patek

HR 189 through HR 198 - Howerton

HR 199 through HR 201 - Richardson

HR 202 - Scheve

HR 203 - Summers

HR 204 - Backer

HR 205 - Foster

HR 206 - Steen

HR 207 - Ransdall

HR 208 - Mays (50)

HR 209 - Marble

HR 210 - Nordwald

HR 211 and HR 212 - Holand

HR 214 - Crawford

HR 215 and HR 216 - Thompson (72)

HR 217 - Crawford

HR 218 - Akin

Missouri House of Representatives