Journal of the House



First Regular Session, 91st General Assembly


TWENTY-SECOND DAY, Wednesday, February 7, 2001



Speaker Kreider in the Chair.



Prayer by Reverend Rudy Beard.



Gracious, God, we know that the hidden things in our hearts are not hidden from You. If our intentions are good, help us to make them live in good deeds. If what we intend or desire makes us uncomfortable in Your presence, take it from us, and give us the spirit that we ought to have that we may do what we ought to do. Bless the men and women of this House this day; to You be glory and honor. 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: Lauren Beard and Rachel Starks.



The Journal of the twenty-first day was approved as printed by the following vote:



AYES: 152
Abel Baker Ballard Barnett Barnitz
Barry 100 Bartelsmeyer Bartle Bearden Behnen
Berkowitz Berkstresser Black Boatright Bonner
Boucher Bowman Boykins Bray 84 Britt
Brooks Burcham Burton Byrd Campbell
Carnahan Champion Cierpiot Clayton Coleman
Cooper Copenhaver Crawford Crowell Crump
Cunningham Curls Davis Dempsey Dolan
Enz Fares Foley Ford Franklin
Fraser Froelker Gaskill George Graham
Green 15 Green 73 Griesheimer Hagan-Harrell Hampton
Harding Harlan Hartzler Haywood Hegeman
Henderson Hendrickson Hickey Hilgemann Hohulin
Holand Hollingsworth Holt Hoppe Hosmer
Hunter Jetton Johnson 61 Johnson 90 Jolly
Kelley 47 Kelly 144 Kelly 27 Kelly 36 Kennedy
King Koller Lawson Legan Levin
Liese Linton Lograsso Long Lowe
Luetkemeyer Luetkenhaus Marble Marsh May 149
Mayer Mays 50 McKenna Merideth Miller
Monaco Moore Murphy Myers Naeger
Nordwald O'Connor O'Toole Ostmann Overschmidt
Phillips Portwood Purgason Ransdall Rector
Reid Reinhart Relford Richardson Rizzo
Roark Ross Scheve Schwab Scott
Secrest Seigfreid Selby Shelton Shields
Shoemyer Skaggs Smith St. Onge Surface
Thompson Townley Treadway Troupe Van Zandt
Villa Vogel Wagner Walton Ward
Wiggins Williams Willoughby Wilson 25 Wilson 42
Wright Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 008
Bonner Farnen Gambaro Gratz Hanaway
Reynolds Ridgeway Robirds
VACANCIES: 004


RESOLUTION



House Resolution No. 226 was taken up by Representative Crump and read.



House Resolution No. 226



WHEREAS, the members of the Missouri House of Representatives are always pleased to welcome distinguished citizens as they visit the Show-Me State for official business at this magnificent capitol; and



WHEREAS, on Wednesday, February 7, 2001, Anna Eleanor Roosevelt will speak on the first floor of the Capitol Rotunda as part of the activities being held in conjunction with Maternal and Child Health Advocacy Day; and



WHEREAS, Anna Eleanor Roosevelt is coming to Jefferson City in her important capacity as a National Board of Trustees member for the March of Dimes, the volunteer health agency which was founded in 1938 by her grandfather, President Franklin Delano Roosevelt, to search for a cure for polio; and



WHEREAS, originally called the National Foundation for Infantile Paralysis, the organization assumed the name March of Dimes when famed radio announcer and vaudeville comedian Eddie Cantor urged his listeners to send their spare dimes to the White House and to President Roosevelt, who was a polio victim himself; and



WHEREAS, following the death of FDR in 1945, the nation honored its fallen leader by placing his portrait on the dime as a special tribute of gratitude for his steadfast commitment to the March of Dimes Foundation; and



WHEREAS, during the past sixty-three years, the March of Dimes has grown to become this nation's third largest volunteer health agency with more than three million volunteers who dedicate themselves to the organization's historic mission and who continually set exciting goals for consistent innovations in maternal and infant health; and



WHEREAS, the March of Dimes has the distinction of being the only national volunteer health agency that has succeeded in defeating the disease which it had been established to conquer:



NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-first General Assembly, join unanimously in extending a most cordial welcome to Anna Eleanor Roosevelt during her visit to the statehouse in Jefferson City and to applaud her for all the achievements she has realized over the years as a supporter of the March of Dimes and other important organizations and as a manuscript librarian, artist, teacher, administrator, and lobbyist; and



BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for Anna Eleanor Roosevelt, as a mark of our esteem for her.

On motion of Representative Crump, Rule 63 was suspended and House Resolution No. 226 was adopted by the following vote:



AYES: 141
Abel Baker Ballard Barnett Barnitz
Barry 100 Bartelsmeyer Bartle Bearden Behnen
Berkowitz Berkstresser Black Boatright Bonner
Boucher Bowman Boykins Britt Brooks
Burcham Burton Byrd Campbell Carnahan
Champion Cierpiot Clayton Coleman Cooper
Copenhaver Crawford Crowell Crump Cunningham
Curls Davis Dempsey Dolan Enz
Fares Foley Franklin Fraser Froelker
Gaskill George Graham Green 15 Green 73
Griesheimer Hagan-Harrell Hampton Harding Harlan
Hartzler Haywood Henderson Hendrickson Hickey
Hilgemann Hohulin Hollingsworth Holt Hoppe
Hosmer Hunter Jetton Johnson 61 Johnson 90
Jolly Kelley 47 Kelly 144 Kelly 27 Kelly 36
Kennedy King Lawson Levin Liese
Linton Lograsso Lowe Luetkemeyer Luetkenhaus
Marble Marsh May 149 Mayer Mays 50
McKenna Merideth Miller Moore Murphy
Myers Naeger Nordwald O'Connor O'Toole
Ostmann Overschmidt Phillips Portwood Purgason
Ransdall Rector Reid Reinhart Relford
Richardson Rizzo Roark Ross Schwab
Scott Secrest Seigfreid Selby Shelton
Shields Shoemyer Skaggs Smith St. Onge
Surface Thompson Townley Treadway Troupe
Villa Vogel Wagner Walton Ward
Wiggins Williams Wilson 25 Wilson 42 Wright
Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 018
Bray 84 Farnen Ford Gambaro Gratz
Hanaway Hegeman Holand Koller Legan
Long Monaco Reynolds Ridgeway Robirds
Scheve Van Zandt Willoughby
VACANCIES: 004


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED



House Resolution No. 231 - Representative Relford

House Resolution No. 232

and

House Resolution No. 233 - Representative Cooper

House Resolution No. 234 - Representative Ford

House Resolution No. 235

and

House Resolution No. 236 - Representative Crowell

House Resolution No. 237 - Representative Boucher, et al

House Resolution No. 238 - Representative Cunningham

House Resolution No. 239 - Representative Troupe

House Resolution No. 240 - Representative Levin

House Resolution No. 241 - Representative Seigfreid



SECOND READING OF HOUSE CONCURRENT RESOLUTION



HCR 16 was read the second time.



SECOND READING OF HOUSE JOINT RESOLUTION



HJR 13 was read the second time.



SECOND READING OF HOUSE BILLS



HB 648 through HB 669 were read the second time.



REFERRAL OF HOUSE CONCURRENT RESOLUTION



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



HCR 16 - Environment and Energy



REFERRAL OF HOUSE BILL



The following House Bill was referred to the Committee indicated:



HB 463 - Tourism, Recreation and Cultural Affairs



RE-REFERRAL OF HOUSE BILL



The following House Bill was re-referred to the Committee indicated:



HB 239 - Conservation, State Parks and Mining















INTRODUCTION OF HOUSE CONCURRENT RESOLUTION



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



HCR 17, introduced by Representative Purgason, et al, urging the park service to withdraw its current proposal and reissue a revised proposal with sufficient details so interested stakeholders can provide meaningful responses.



INTRODUCTION OF HOUSE BILL - APPROPRIATIONS



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



HB 1, introduced by Representative Green (73), to appropriate money to the Board of Fund Commissioners for the cost of issuing and processing State Water Pollution Control Bonds, Stormwater Control Bonds, Third State Building Bonds and Fourth State Building Bonds, as provided by law, to include payments from the Water Pollution Control Bond and Interest Fund, Stormwater Control Bond and Interest Fund, Third State Building Bond Interest and Sinking Fund, Fourth State Building Bond and Interest Fund, Water Pollution Control Fund and Stormwater Control Fund, and to transfer money among certain funds for the period beginning July 1, 2001 and ending June 30, 2002.



INTRODUCTION OF HOUSE BILLS



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



HB 670, introduced by Representatives Campbell and Holand, relating to the regulation of certain telecommunications technology by drivers of motor vehicles.



HB 671, introduced by Representative Hagan-Harrell, relating to public retirement systems.



HB 672, introduced by Representative Hagan-Harrell, relating to public retirement systems.



HB 673, introduced by Representative Liese, relating to life settlements.



HB 674, introduced by Representative Hagan-Harrell, relating to the Missouri state employees' retirement system.



HB 675, introduced by Representative Richardson, relating to deferred presentment services.



HB 676, introduced by Representative Mays (50), relating to utilities.



HB 677, introduced by Representatives Monaco, Lograsso, Mayer, Burcham, Crowell, Hosmer and Johnson (90), relating to the uniform commercial code.



HB 678, introduced by Representative Seigfreid, relating to ethics.

HB 679, introduced by Representative Boykins, relating to state employee leave of absence for organ donation.



HB 680, introduced by Representative Skaggs, relating to certificate of need.



HB 681, introduced by Representative Skaggs, relating to a Hearing Impaired Kids Endowment Fund license plate.



HB 682, introduced by Representatives Wiggins, Reid, Bowman, Naeger, Shoemyer and Kelly (36), et al, relating to income tax.



HB 683, introduced by Representatives Boykins, Barry, Johnson (61), Curls, Coleman and Cunningham, et al, relating to consumer and credit protections for postsecondary students.



HB 684, introduced by Representatives Kennedy and Bonner, relating to amateur radio license plates.



HB 685, introduced by Representatives Bray, Johnson (61), Hilgemann, Campbell, Van Zandt, Harlan, Kennedy, Hollingsworth, Troupe, Kreider, Lowe and Villa, relating to transportation.



HB 686, introduced by Representatives Fraser, Berkowitz, Williams, Levin, Thompson, Froelker, Richardson, Ross and Kelley (47), et al, relating to the prohibition of interference with the free exercise of religion absent a compelling state interest.



HB 687, introduced by Representatives Hilgemann, Villa, Rizzo, Koller, Van Zandt, Kennedy, O'Connor, Bowman and Boykins, et al, relating to motor vehicle registration tabs.



HB 688, introduced by Representatives Harlan and Shields, relating to health insurance.



HB 689, introduced by Representatives Hoppe, Lograsso and Foley, relating to fire protection districts.



HB 690, introduced by Representatives Harding, Kelly (27) and Boucher, et al, relating to animals.



HB 691, introduced by Representatives Barnett, Kelly (36), Britt, Richardson and Ross, relating to notification of motor vehicle reregistration.



HB 692, introduced by Representative O'Connor, relating to a fraternal order of police license plate.



HB 693, introduced by Representatives Smith and Carnahan, relating to the administrative hearing commission.



HB 694, introduced by Representative Berkstresser, relating to local sales taxes for the promotion of economic development.



HB 695, introduced by Representatives Shoemyer and Phillips, et al, relating to the practice of dentistry and dental hygiene.



HB 696, introduced by Representatives Monaco, Lograsso, Bartle, Cierpiot, Ross, Kelley (47) and Boucher, et al, relating to county political party committee representation.



HB 697, introduced by Representative Treadway, relating to notification of ethics complaints.



WITHDRAWAL OF HOUSE BILLS



February 6, 2001



Ted Wedel

Chief Clerk

Missouri House of Representatives



Dear Mr. Clerk:



I am requesting that HB 105 be withdrawn. Thank you in advance for your consideration of this request.



Sincerely,



/s/ Representative Connie Johnson

61st District

_____________________________________



February 7, 2001



Honorable Jim Kreider, Speaker

Missouri House of Representatives

State Capitol, Room 308

Jefferson City, MO 65101



Dear Mr. Speaker,



I respectfully request that HB 217 be withdrawn. Your attention to this matter is appreciated.



Sincerely,



/s/ Chuck Surface

District 129

_______________________________________





















February 7, 2001



The Honorable Jim Kreider, Speaker

Missouri House of Representatives

Capitol Building, Room 233A

Jefferson City, MO 65101



Dear Mr. Speaker:



I respectfully request the withdrawal of House Bill 613.



Thank you for your consideration of this matter.



Sincerely,



/s/ State Representative Bill Luetkenhaus

District 12



The following members' presence was noted: Gratz, Gambaro, Reynolds and Robirds.



ADJOURNMENT



On motion of Representative Crump, the House adjourned until 10:00 a.m., Thursday, February 8, 2001.



COMMITTEE MEETINGS



APPROPRIATIONS - EDUCATION

Thursday, February 8, 2001. Hearing Room 1 upon adjournment.

House Bills 2 and 3. Possible mark-up. AMENDED NOTICE.



APPROPRIATIONS - NATURAL AND ECONOMIC RESOURCES

Thursday, February 8, 2001. Hearing Room 5 upon morning adjournment.

Department of Insurance, Department of Labor and Industrial Relations.



APPROPRIATIONS - NATURAL AND ECONOMIC RESOURCES

Monday, February 12, 2001, 12:00 pm. Hearing Room 5.

Mark-up Departments of Agriculture, Conservation, Insurance and Labor & Industrial Relations.



APPROPRIATIONS - NATURAL AND ECONOMIC RESOURCES

Tuesday, February 13, 2001. Hearing Room 5 upon adjournment.

Mark up Department of Economic Development.



APPROPRIATIONS - NATURAL AND ECONOMIC RESOURCES

Wednesday, February 14, 2001. Hearing Room 5 upon adjournment.

Mark-up Department of Natural Resources.





APPROPRIATIONS - SOCIAL SERVICES

Thursday, February 8, 2001, 8:00 am. Hearing Room 3.

Department of Social Services. Hearing will continue upon adjournment. CANCELLED.



APPROPRIATIONS - TRANSPORTATION

Thursday, February 8, 2001, 8:00 am. Hearing Room 7.

If needed Department of Transportation presentation on budget.



CHILDREN, FAMILIES, AND HEALTH

Thursday, February 8, 2001. North side gallery upon adjournment.

To be considered - Executive Session - HB 73, Executive Session - HB 87,

Executive Session - HB 111, Executive Session - HB 157, Executive Session - HB 279



CONSERVATION, STATE PARKS AND MINING

Thursday, February 8, 2001. Hearing Room 6 upon adjournment.

To be considered - Executive Session - HB 184, Executive Session - HB 205,

Executive Session - HB 259, Executive Session - HB 323, Executive Session - HB 549



CRIMINAL LAW

Thursday, February 8, 2001. House Chamber upon adjournment.

Executive Session.



EDUCATION - ELEMENTARY AND SECONDARY

Tuesday, February 13, 2001, 7:00 pm. Hearing Room 3.

To be considered - HB 322



JUDICIARY

Tuesday, February 13, 2001, 3:00 pm. Hearing Room 5.

To be considered - HB 107, HB 331



PUBLIC SAFETY, LAW ENFORCEMENT AND VETERAN AFFAIRS

Tuesday, February 13, 2001, 8:00 am. Hearing Room 6.

Executive Session may follow.

To be considered - HB 49, HB 320, HB 368



TOURISM, RECREATION AND CULTURAL AFFAIRS

Monday, February 12, 2001, 8:00 pm. Hearing Room 7.

Executive Session may follow.

To be considered - HB 242, HB 463, HB 488



UTILITIES REGULATION

Thursday, February 8, 2001, 8:30 am. Hearing Room 6.

To be considered - HB 289, HB 576, HCR 5





HOUSE CALENDAR



TWENTY-THIRD DAY, THURSDAY, FEBRUARY 8, 2001



HOUSE CONCURRENT RESOLUTION FOR SECOND READING

HCR 17



HOUSE BILLS FOR SECOND READING

HB 670 through HB 697



HOUSE BILL FOR SECOND READING - APPROPRIATIONS

HB 1
Missouri House of Representatives