Journal of the House

First Regular Session, 91st General Assembly

TWENTY-THIRD DAY, Thursday, February 8, 2001

Speaker Pro Tem Abel in the Chair.

Prayer by Reverend Rudy Beard.

God of Truth, You are our teacher.

Teach us to honor our heritage of freedom. Teach us to know ourselves and our weaknesses, so we may gain wisdom. Teach us to know our neighbors; to forgive their shortcomings with charity, to appreciate their contributions with honesty.

Bless the men and women of the House this day, and 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: Rachel Germann, Rebekah Germann, Robert Germann, Ransom Germann, Candice Bell, Je'Taime Silas, Kevin Pearre, Laura Bond, Damon Ferlazzo, Sarah Brown, Jon Mark Thompson and Emily Cole.

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

Speaker Kreider assumed the Chair.

Speaker Pro Tem Abel resumed the Chair.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 242 - Representative Crawford

House Resolution No. 243 - Representative Cooper

House Resolution No. 244 - Representative Kelly (27)

House Resolution No. 245 - Representative Reynolds, et al

House Resolution No. 246 - Representative King

House Resolution No. 247 - Representative Bartelsmeyer

House Resolution No. 248

through

House Resolution No. 255 - Representative Portwood

House Resolution No. 256 - Representative Wagner

House Resolution No. 257 - Representative Shields

House Resolution No. 258 - Representative Villa

House Resolution No. 259 - Representatives Secrest and Hanaway, et al

House Resolution No. 260 - Representative Barnitz

House Resolution No. 261

through

House Resolution No. 278 - Representative Crowell

SECOND READING OF HOUSE CONCURRENT RESOLUTION

HCR 17 was read the second time.

SECOND READING OF HOUSE BILLS

HB 670 through HB 697 were read the second time.

SECOND READING OF HOUSE BILL - APPROPRIATIONS

HB 1 was read the second time.

COMMITTEE ASSIGNMENT

SPORTSMANSHIP, SAFETY AND FIREARMS

Crump, Wayne - Chair

Barnitz, Frank - Vice-Chair

Hampton, Mark

Hickey, John

Fraser, Barbara

Ridgeway, LuAnn

Lograsso, Don

Fares, Kathlyn

Ross, Carson

REFERRAL OF HOUSE BILL - APPROPRIATIONS

The following House Bill was referred to the Committee indicated:

HB 1 - Budget

REFERRAL OF HOUSE BILLS

The following House Bills were referred to the Committee indicated:

HB 27 - Sportsmanship, Safety and Firearms

HB 28 - Sportsmanship, Safety and Firearms

HB 33 - Sportsmanship, Safety and Firearms

HB 57 - Sportsmanship, Safety and Firearms

HB 59 - Ways and Means

HB 258 - Sportsmanship, Safety and Firearms

HB 401 - Professional Registration and Licensing

HB 402 - Correctional and State Institutions

HB 403 - Civil and Administrative Law

HB 404 - Miscellaneous Bills & Resolutions

HB 405 - Ways and Means

HB 406 - Correctional and State Institutions

HB 407 - Civil and Administrative Law

HB 408 - Local Government and Related Matters

HB 409 - Correctional and State Institutions

HB 410 - Local Government and Related Matters

HB 411 - Agriculture

HB 412 - Agriculture

HB 413 - Workers Compensation and Employment Security

HB 414 - Social Services, Medicaid and the Elderly

HB 415 - Education-Elementary and Secondary

HB 416 - Professional Registration and Licensing

HB 419 - Local Government and Related Matters

HB 420 - Public Safety, Law Enforcement and Veteran Affairs

HB 422 - Children, Families and Health

HB 424 - Education-Higher

HB 426 - Retirement

HB 427 - Education-Elementary and Secondary

HB 428 - Public Safety, Law Enforcement and Veteran Affairs

HB 429 - Education-Elementary and Secondary

HB 430 - Public Safety, Law Enforcement and Veteran Affairs

HB 431 - Professional Registration and Licensing

HB 432 - Banks and Financial Institutions

HB 434 - Commerce and Economic Development

HB 435 - Education-Higher

HB 436 - Local Government and Related Matters

HB 437 - Environment and Energy

HB 438 - Environment and Energy

HB 439 - Correctional and State Institutions

HB 440 - Criminal Law

HB 442 - Civil and Administrative Law

HB 444 - Miscellaneous Bills & Resolutions

HB 445 - Workers Compensation and Employment Security

HB 446 - Workers Compensation and Employment Security

HB 447 - Commerce and Economic Development

HB 448 - Ways and Means

HB 452 - Correctional and State Institutions

HB 453 - Environment and Energy

HB 454 - Judiciary

HB 455 - Miscellaneous Bills & Resolutions

HB 456 - Judiciary

HB 457 - Education-Elementary and Secondary

HB 459 - Insurance

HB 460 - Commerce and Economic Development

HB 461 - Children, Families and Health

HB 462 - Professional Registration and Licensing

HB 464 - Civil and Administrative Law

HB 465 - Professional Registration and Licensing

HB 467 - Civil and Administrative Law

HB 468 - Professional Registration and Licensing

HB 469 - Professional Registration and Licensing

HB 470 - Transportation

HB 471 - Criminal Law

HB 472 - Local Government and Related Matters

HB 474 - Judiciary

HB 475 - Education-Elementary and Secondary

HB 476 - Criminal Law

HB 477 - Motor Vehicle and Traffic Regulations

HB 478 - Children, Families and Health

HB 479 - Public Safety, Law Enforcement and Veteran Affairs

HB 480 - Ways and Means

HB 481 - Judiciary

HB 482 - Ways and Means

HB 483 - Criminal Law

HB 484 - Professional Registration and Licensing

HB 485 - Transportation

HB 486 - Children, Families and Health

HB 489 - Education-Higher

HB 491 - Municipal Corporations

HB 496 - Motor Vehicle and Traffic Regulations

HB 497 - Local Government and Related Matters

HB 498 - Local Government and Related Matters

HB 499 - Utilities Regulation

HB 500 - Professional Registration and Licensing

HB 592 - Fiscal Review and Government Reform

HB 594 - Ways and Means

HB 646 - Insurance

COMMITTEE REPORTS

Committee on Agriculture, Chairman Wiggins reporting:

Mr. Speaker: Your Committee on Agriculture, to which was referred HCR 13, begs leave to report it has examined the same and recommends that it Do Pass.

House Concurrent Resolution No. 13

WHEREAS, the current federal milk marketing order pricing system does not fully account for regional differences in the costs of producing milk and only establishes a minimum price for milk; and

WHEREAS, by design, the federal program relies on state regulation for an adjustment in fluid milk prices to account for regional differences; however, the courts have ruled that individual states do not have the authority to regulate milk prices under the Interstate Commerce Clause of the United States Constitution; and

WHEREAS, Congress may delegate its regulatory authority over interstate commerce to regional groupings of states through the mechanism of an interstate compact; and

WHEREAS, entering into dairy compacts is thus the means for states to obtain from Congress the regulatory authority over their region's interstate markets for milk; and

WHEREAS, the Southern Dairy Compact shall become effective when entered into by three of the designated states in the Compact and when the consent of Congress has been obtained; and

WHEREAS, at least three states of the required states having entered into the Southern Dairy Compact, leaving on the necessary consent of Congress to be obtained before the Compact shall become effective:

NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-first General Assembly, First Regular Session, the Senate concurring therein, hereby urge the United States Congress to consent to the Southern Dairy Compact to allow the states that enter into the Compact to have regulatory authority over their region's interstate markets for milk; and

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the President of the United States Senate, the Speaker of the United States House of Representatives and every member of the Missouri Congressional delegation.

Mr. Speaker: Your Committee on Agriculture, to which was referred HB 219, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment No. 1.

House Committee Amendment No. 1

AMEND House Bill No. 219, Page 6, Section 272.235, Line 9, by deleting the words "and maintenance"; and

Further amend said title, enacting clause and intersectional references accordingly.

Committee on Children, Families and Health, Chairman Barry reporting:

Mr. Speaker: Your Committee on Children, Families and Health, to which was referred HB 111, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Children, Families and Health, to which was referred HB 157, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Conservation, State Parks and Mining, Chairman Relford reporting:

Mr. Speaker: Your Committee on Conservation, State Parks and Mining, to which was referred HB 205, HB 323 and HB 549, 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 144 and HB 46, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Mr. Speaker: Your Committee on Criminal Law, to which was referred HB 302 and HB 38, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Critical Issues, Consumer Protection and Housing, Chairman Harlan reporting:

Mr. Speaker: Your Committee on Critical Issues, Consumer Protection and Housing, to which was referred HB 328 and HB 88, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

INTRODUCTION OF HOUSE CONCURRENT RESOLUTIONS

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

HCR 18, introduced by Representative Barry, encouraging state agencies and state-funded institutions to improve access to quality health care for women.

HCR 19, introduced by Representative Burton, et al, urging the political subdivisions of this state that are imposing a gross receipts tax on natural gas sales to suspend such tax on a month to month basis until the current natural gas price crisis is over.

INTRODUCTION OF HOUSE JOINT RESOLUTION

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

HJR 14, introduced by Representatives Kelly (27), Troupe, Smith, Coleman, Monaco, Campbell, Gambaro and Curls, et al, relating to the establishment of the children's investment fund.

INTRODUCTION OF HOUSE BILLS

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

HB 698, introduced by Representative Luetkenhaus, relating to weed control.

HB 699, introduced by Representatives Hilgemann, Villa, Shelton, Rizzo, O'Toole, Coleman, Bowman and Gambaro, et al, relating to business districts.

HB 700, introduced by Representative Kelly (36), relating to driver's licenses.

HB 701, introduced by Representatives Berkowitz, Wiggins, Ransdall, Davis, Shoemyer, Luetkemeyer and Barry, et al, relating to water pollution.

HB 702, introduced by Representatives Barry, Boykins and Curls, relating to liquor control.

HB 703, introduced by Representatives Hilgemann, Sanders Brooks, Bray, Selby, Coleman, Shelton, Boucher, Troupe and Carnahan, et al, relating to the homeless assistance program.

HB 704, introduced by Representative Gambaro, relating to liens on real property by political subdivisions for abatement of dangerous buildings.

HB 705, introduced by Representative Gambaro, relating to certain public school retirement systems.

HB 706, introduced by Representative Bonner, relating to local sales taxes on utilities.

HB 707, introduced by Representatives Barnett, Hosmer and Richardson, relating to parole eligibility for certain inmates.

HB 708, introduced by Representatives Riback Wilson (25), Barry, Hosmer and Williams, et al, relating to child restraint systems.

HB 709, introduced by Representative O'Connor, relating to the division of motor carrier and railroad safety.

HB 710, introduced by Representatives Lowe, Campbell, Cierpiot, Hickey, Mays (50), Reinhart and George, et al, relating to disclosure of information on certain political mailings.

HB 711, introduced by Representative Green (73), relating to payment of court costs and attorney fees by the department of revenue upon successful appeal of a driving while intoxicated offense.

HB 712, introduced by Representatives Hilgemann, Wilson (42), Bray, Coleman, Rizzo, Fraser, Johnson (61), Riback Wilson (25), Harlan and Van Zandt, et al, relating to human rights.

HB 713, introduced by Representative Luetkenhaus, relating to reimbursement for health care services.

HB 714, introduced by Representative Koller, relating to contracts for construction of the state highway system.

HB 715, introduced by Representative Ladd Baker, relating to entities funded in whole or in part by the department of social services.

HB 716, introduced by Representatives Treadway and Burton, relating to physical therapists and physical therapist assistants.

HB 717, introduced by Representatives Burton, Mays (50) and Reid, et al, relating to sales and use tax.

HB 718, introduced by Representatives Bartle, Myers, Secrest and Cunningham, et al, relating to the cloning of human beings.

HB 719, introduced by Representative Bray, relating to state income and sales tax assessments.

HB 720, introduced by Representative Bray, et al, relating to employment practices affecting women.

HB 721, introduced by Representatives Walton, Villa, Hilgemann and Coleman, et al, relating to biennial motor vehicle emissions inspections.

HB 722, introduced by Representatives Walton, Coleman, Wilson (42), Hunter and Johnson (61), relating to EDTA chelation therapy.

HB 723, introduced by Representatives Mays (50) and Burton, et al, relating to allowing certain electrical corporations to recover certain costs.

HB 724, introduced by Representative Britt, relating to sexual contact between prison inmates and prison employees.

HB 725, introduced by Representative Britt, relating to transfers of funds in certain school districts.

HB 726, introduced by Representatives Selby, Wagner and Ward, relating to the fire education fund.

HB 727, introduced by Representative Hoppe, relating to powers of public water supply districts.

HB 728, introduced by Representative Hoppe, relating to contracts for public water and sewer supply.

HB 729, introduced by Representatives Green (15), Green (73) and Koller, relating to motor vehicle license plate design.

HB 730, introduced by Representative Williams, relating to municipal bids for banking services.

HB 731, introduced by Representative Britt, relating to use of certain tests of blood alcohol content by law enforcement officers.

HB 732, introduced by Representative Hosmer, relating to the water patrol.

HB 733, introduced by Representative Hosmer, relating to watercraft regulations.

WITHDRAWAL OF HOUSE BILL

February 8, 2001

Ted Wedel, Chief Clerk

Missouri House of Representatives

State Capitol, Room 306C

Jefferson City, Mo. 65101

Dear Ted:

I am requesting that HB 639, relating to unclaimed property be withdrawn.

Thank you for your prompt attention to this matter.

Sincerely,

/s/ Rep. Ted Farnen

District 21

ADJOURNMENT

On motion of Representative Crump, the House adjourned until 4:00 p.m., Monday, February 12, 2001.

COMMITTEE MEETINGS

APPROPRIATIONS - CORRECTIONS AND PUBLIC SAFETY

Tuesday, February 13, 2001, 8:00 am. Hearing Room 1.

House Bill 9 Department of Corrections.

APPROPRIATIONS - EDUCATION

Monday, February 12, 2001, 12:00 pm. Hearing Room 1.

Mark-up House Bill 2 and House Bill 3.

APPROPRIATIONS - EDUCATION

Tuesday, February 13, 2001. Hearing Room 1 upon adjournment.

Mark-up House Bill 2 and House Bill 3. Possible Executive Session.

APPROPRIATIONS - EDUCATION

Wednesday, February 14, 2001. Hearing Room 1 upon adjournment.

Mark-up House Bill 2 and House Bill 3. Possible Executive Session.

APPROPRIATIONS - EDUCATION

Thursday, February 15, 2001. Hearing Room 1 upon adjournment.

Mark-up House Bill 2 and House Bill 3. Possible Executive Session.

APPROPRIATIONS - GENERAL ADMINISTRATION

Monday, February 12, 2001, 1:00 pm. Hearing Room 7.

General Assembly and SAM II.

APPROPRIATIONS - GENERAL ADMINISTRATION

Tuesday, February 13, 2001. Hearing Room 7 upon adjournment.

Secretary of State, State Librarian and Convention Centers.

APPROPRIATIONS - GENERAL ADMINISTRATION

Wednesday, February 14, 2001. Hearing Room 7 upon adjournment.

Begin mark-up.

APPROPRIATIONS - HEALTH AND MENTAL HEALTH

Monday, February 12, 2001, 12:00 pm. Hearing Room 6.

House Bill 10 Department of Mental Health mark-up.

APPROPRIATIONS - HEALTH AND MENTAL HEALTH

Tuesday, February 13, 2001. Hearing Room 6 upon adjournment.

House Bill 10 mark-up.

APPROPRIATIONS - HEALTH AND MENTAL HEALTH

Wednesday, February 14, 2001. Hearing Room 6 upon adjournment.

House Bill 10 mark-up.

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

Tuesday, February 13, 2001, 8:00 am. Hearing Room 3.

House Bill 11 Department of Social Services.

Committee will also meet upon adjournment.

APPROPRIATIONS - SOCIAL SERVICES

Wednesday, February 14, 2001, 8:00 am. Hearing Room 3.

House Bill 11 Department of Social Services.

Committee will also meet upon adjournment.

APPROPRIATIONS - TRANSPORTATION

Tuesday, February 13, 2001, 8:00 am. Hearing Room 7.

Public testimony.

APPROPRIATIONS - TRANSPORTATION

Wednesday, February 14, 2001, 8:00 am. Hearing Room 7.

Public testimony.

APPROPRIATIONS - TRANSPORTATION

Thursday, February 15, 2001, 8:00 am. Hearing Room 7.

Public testimony.

BUDGET

Monday, February 12, 2001, 2:30 pm. Hearing Room 3.

House Bill 15 FY 2001 supplemental appropriation.

Executive Session.

CIVIL AND ADMINISTRATIVE LAW

Wednesday, February 14, 2001, 3:00 pm. Hearing Room 1.

Executive Session will follow.

To be considered - HB 193, HB 269, HB 353, HB 399

COMMERCE AND ECONOMIC DEVELOPMENT

Tuesday, February 13, 2001, 3:00 pm. Hearing Room 6.

Executive Session may follow.

To be considered - HB 215, HB 327, HB 332, HB 397

CORRECTIONAL & STATE INSTITUTIONS

Tuesday, February 13, 2001, 8:00 pm. Hearing Room 7.

Executive Session may follow.

To be considered - HB 180, HB 248, HB 361, HB 621

CRIMINAL LAW

Wednesday, February 14, 2001, 8:00 pm. Hearing Room 7.

To be considered - HB 68, HB 265, HB 349, HB 369, HB 372, HB 373

CRITICAL ISSUES, CONSUMER PROTECTION AND HOUSING

Monday, February 12, 2001, 8:00 pm. Hearing Room 3.

Executive Session may follow.

To be considered - HCR 4

EDUCATION - ELEMENTARY AND SECONDARY

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

To be considered - HB 322

EDUCATION - HIGHER

Wednesday, February 14, 2001, 3:00 pm. Hearing Room 5.

Presentation by Dr. Kala Stroup, Commissioner on Higher Education.

Executive Session.

ELECTIONS

Tuesday, February 13, 2001, 7:30 pm. Hearing Room 5.

To be considered - HB 297, HB 301

ETHICS

Monday, February 12, 2001. Northeast side gallery upon adjournment.

Approval of Caucuses.

FISCAL REVIEW AND GOVERNMENT REFORM

Tuesday, February 13, 2001, 5:30 pm. Hearing Room 4.

To be considered - HB 309, HB 315, HB 363, HB 391, HJR 3, HJR 4, HJR 10

JUDICIARY

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

To be considered - HB 107, HB 331

LOCAL GOVERNMENT AND RELATED MATTERS

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

Executive Session to follow. CORRECTED.

To be considered - HB 135, HB 138, HB 268, HB 303, HB 316, HB 340, HB 380,

HB 381, HB 382, HB 421

MOTOR VEHICLE AND TRAFFIC REGULATIONS

Tuesday, February 13, 2001, 3:00 pm. Hearing Room 1.

To be considered - HB 126, HB 333, HB 575

PROFESSIONAL REGISTRATION AND LICENSING

Tuesday, February 13, 2001, 9:00 am. Room 401.

Executive Session.

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

SOCIAL SERVICES, MEDICAID AND THE ELDERLY

Monday, February 12, 2001. North side gallery upon adjournment.

To be considered - Executive Session - HB 329, Executive Session - HB 512

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

URBAN AFFAIRS

Tuesday, February 13, 2001, 5:00 pm. Hearing Room 1.

Executive Session may follow.

To be considered - HB 321

HOUSE CALENDAR

TWENTY-FOURTH DAY, MONDAY, FEBRUARY 12, 2001

HOUSE CONCURRENT RESOLUTIONS FOR SECOND READING

HCR 18 and HCR 19

HOUSE JOINT RESOLUTION FOR SECOND READING

HJR 14

HOUSE BILLS FOR SECOND READING

HB 698 through HB 733

HOUSE BILLS FOR PERFECTION

1 HCS HB 302 & 38 - Hosmer

2 HCS HB 144 & 46 - Bonner

3 HCS HB 328 & 88 - Harlan

4 HCS HB 205, 323 & 549 - Relford

5 HB 219, HCA 1 - Townley

HOUSE CONCURRENT RESOLUTION FOR ADOPTION AND THIRD READING

HCR 13, (2-8-01) - Shoemyer
Missouri House of Representatives