Journal of the House



First Regular Session, 91st General Assembly


THIRTY-THIRD DAY, Tuesday, February 27, 2001



Speaker Pro Tem Abel in the Chair.



Prayer by Father David Buescher.



Almighty God, on this "Fat-Tuesday" much of our nation will try to celebrate in order to move on to new discipline tomorrow. May we too, in this grand room, remember all for which we can celebrate. For the ability to serve people here in our state, our representatives rejoice.



For Your challenge to bring their best abilities to play in office, committee and in this Chamber, we praise You. For all who care for them and all for whom they care, we are truly grateful. May our thankfulness move us to diligent, thorough, conscientious, and yes, even joyful, service today and always. 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: Andrew Morton, Gabriel Farrar, David Breed, Daniel Breed, Jonathan Breed, Andrew Vines, Tawannia Atkinson, Sheri Frost, Sharon Auffenberg and Delores Jackson.



The Journal of the thirty-second day was approved as printed.



HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED



House Resolution No. 571

through

House Resolution No. 580 - Representatives Dempsey and Ostmann

House Resolution No. 581 - Representative Legan

House Resolution No. 582

through

House Resolution No. 642 - Representative Crowell

House Resolution No. 643

and

House Resolution No. 644 - Representative Clayton

House Resolution No. 645

and

House Resolution No. 646 - Representative Boucher

House Resolution No. 647 - Representatives Green (15) and Holt





SECOND READING OF HOUSE CONCURRENT RESOLUTION



HCR 24 was read the second time.



SECOND READING OF HOUSE BILLS



HB 877 through HB 880 were read the second time.



SECOND READING OF SENATE CONCURRENT RESOLUTION



SS SCR 6 was read the second time.



SECOND READING OF SENATE BILLS



SCS SB 36, SS SCS SBs 46 & 47, SB 128, SB 203 and SCS SB 241 were read the second time.



COMMITTEE REPORT



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



Mr. Speaker: Your Committee on Rules, Joint Rules, and Bills Perfected and Printed, to which was referred HCS HB 15, HB 80 and HCS HB 241, begs leave to report it has examined the same and finds them to be truly perfected and that the printed copies thereof furnished the members are correct.



THIRD READING OF HOUSE BILLS - CONSENT



HB 288, relating to design-build contractors, was taken up by Representative Campbell.



On motion of Representative Campbell, HB 288 was read the third time and passed by the following vote:



AYES: 156
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 Farnen Foley Ford
Franklin Fraser Froelker Gaskill George
Graham Gratz Green 15 Green 73 Griesheimer
Hagan-Harrell Hampton Hanaway 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
Ransdall Rector Reid Reinhart Relford
Reynolds Richardson Ridgeway Rizzo Roark
Robirds Ross Scheve Schwab Scott
Secrest 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: 001
Purgason
PRESENT: 000
ABSENT WITH LEAVE: 002
Gambaro Seigfreid
VACANCIES: 004


Speaker Pro Tem Abel declared the bill passed.



HB 266, relating to real estate brokers, was taken up by Representative Treadway.



On motion of Representative Treadway, HB 266 was read the third time and passed by the following vote:



AYES: 155
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 Cierpiot Clayton Coleman Cooper
Copenhaver Crawford Crowell Crump Cunningham
Curls Davis Dempsey Dolan Enz
Fares Farnen Foley Ford Franklin
Fraser Froelker Gaskill George Graham
Gratz Green 15 Green 73 Griesheimer Hagan-Harrell
Hampton Hanaway 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
Reynolds Richardson Ridgeway Rizzo Roark
Robirds Ross Scheve Schwab Scott
Secrest Selby Shelton Shields Shoemyer
Skaggs Smith St. Onge Surface Thompson
Townley Treadway Troupe Van Zandt Villa
Vogel Wagner Walton Ward Wiggins
Willoughby Wilson 25 Wilson 42 Wright Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 004
Champion Gambaro Seigfreid Williams
VACANCIES: 004


Speaker Pro Tem Abel declared the bill passed.



HB 236, relating to juvenile information systems, was taken up by Representative Smith.



On motion of Representative Smith, HB 236 was read the third time and passed by the following vote:



AYES: 150
Abel Baker Ballard Barnett Barnitz
Barry 100 Bartelsmeyer Bartle Bearden Behnen
Berkowitz Berkstresser Black 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 Farnen Foley Ford Franklin
Fraser Froelker Gaskill George Graham
Gratz Green 15 Green 73 Griesheimer Hagan-Harrell
Hampton Hanaway Harding Harlan Hartzler
Haywood Hegeman Henderson Hendrickson Hickey
Hilgemann Holand Hollingsworth Holt Hoppe
Hosmer Jetton Johnson 61 Johnson 90 Jolly
Kelley 47 Kelly 144 Kelly 27 Kelly 36 Kennedy
King Koller Lawson Legan Levin
Liese Linton Long Lowe Luetkemeyer
Luetkenhaus Marble Marsh May 149 Mayer
Mays 50 McKenna Merideth Miller Monaco
Moore Myers Naeger Nordwald O'Connor
O'Toole Ostmann Overschmidt Portwood Ransdall
Rector Reid Reinhart Relford Reynolds
Richardson Ridgeway Rizzo Roark Robirds
Ross Scheve Schwab Scott Secrest
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: 007
Boatright Hohulin Hunter Lograsso Murphy
Phillips Purgason
PRESENT: 000
ABSENT WITH LEAVE: 002
Gambaro Seigfreid
VACANCIES: 004


Speaker Pro Tem Abel declared the bill passed.



HB 180, relating to women's offender program, was taken up by Representative Thompson.



On motion of Representative Thompson, HB 180 was read the third time and passed by the following vote:



AYES: 151
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 Farnen Foley Ford
Franklin Fraser Froelker Gaskill George
Graham Gratz Green 15 Green 73 Griesheimer
Hagan-Harrell Hampton Hanaway Harding Harlan
Hartzler Haywood Hegeman Henderson Hendrickson
Hickey Hilgemann 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 Mayer Mays 50 McKenna Merideth
Miller Monaco Moore Murphy Myers
Naeger Nordwald O'Connor O'Toole Ostmann
Overschmidt Phillips Ransdall Rector Reid
Reinhart Relford Reynolds Richardson Ridgeway
Rizzo Robirds Ross Scheve Schwab
Scott Secrest Selby Shelton Shields
Shoemyer Skaggs Smith Surface Thompson
Townley Treadway Troupe Van Zandt Villa
Vogel Wagner Walton Ward Wiggins
Williams Willoughby Wilson 25 Wilson 42 Wright
Mr. Speaker
NOES: 004
Hohulin Portwood Purgason Roark
PRESENT: 000
ABSENT WITH LEAVE: 004
Gambaro May 149 Seigfreid St. Onge
VACANCIES: 004


Speaker Pro Tem Abel declared the bill passed.



PERFECTION OF HOUSE BILL



HCS HB 50, relating to promotion of students, was taken up by Representative Relford.



Representative Reid offered House Amendment No. 2.



Representative Kennedy raised a point of order that House Amendment No. 2 is not germane to the bill.



The Chair ruled the point of order well taken.



Representative Hilgemann offered House Amendment No. 2.



Representative Relford raised a point of order that House Amendment No. 2 goes beyond the scope of the bill.



The Chair ruled the point of order well taken.



Representative Jetton offered House Amendment No. 2.



House Amendment No. 2



AMEND House Committee Substitute for House Bill No. 50, Page 2, Section 167.645, Line 34, by deleting the word "shall" and inserting in lieu thereof the word "may"; and









Further amend said bill, Page 2, Section 167.645, Line 37, by deleting the word "may" and inserting in lieu thereof the word "shall"; and



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



Representative Jetton moved that House Amendment No. 2 be adopted.



Which motion was defeated by the following vote:



AYES: 074
Ballard Barnett Barnitz Bartelsmeyer Bartle
Bearden Behnen Berkstresser Black Boatright
Burcham Burton Byrd Champion Cierpiot
Cooper Crawford Crowell Cunningham Dempsey
Dolan Enz Fares Froelker Gaskill
Griesheimer Hanaway Hartzler Hegeman Henderson
Hendrickson Hohulin Hunter Jetton Kelley 47
Kelly 144 King Legan Levin Linton
Lograsso Long Luetkemeyer Marble Marsh
May 149 Mayer Miller Moore Murphy
Myers Naeger Nordwald Ostmann Phillips
Portwood Purgason Rector Reid Reinhart
Richardson Ridgeway Roark Robirds Ross
Schwab Scott Secrest Shields St. Onge
Surface Townley Vogel Wright
NOES: 082
Abel Baker Barry 100 Berkowitz Bonner
Boucher Bowman Boykins Bray 84 Britt
Brooks Campbell Carnahan Clayton Coleman
Copenhaver Crump Curls Davis Farnen
Foley Ford Franklin Fraser George
Graham Gratz Green 15 Green 73 Hagan-Harrell
Hampton Harding Harlan Haywood Hickey
Hilgemann Hollingsworth Holt Hoppe Hosmer
Johnson 61 Johnson 90 Jolly Kelly 27 Kelly 36
Kennedy Koller Lawson Liese Lowe
Luetkenhaus Mays 50 McKenna Merideth Monaco
O'Connor O'Toole Overschmidt Ransdall Relford
Reynolds Rizzo Scheve Selby Shelton
Shoemyer Skaggs Smith Thompson Treadway
Troupe Van Zandt Villa Wagner Walton
Ward Wiggins Williams Willoughby Wilson 25
Wilson 42 Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 003
Gambaro Holand Seigfreid
VACANCIES: 004


Representative Shields offered House Amendment No. 3.

House Amendment No. 3



AMEND House Committee Substitute for House Bill No. 50, Page 3, Section 167.645, Line 71, by adding after all of said line the following:



"Section 1. The performance of a limited English proficiency student on the statewide assessments pursuant to section 160.518 RSMo shall be disaggregated from the district's performance for five years after such student enters a Missouri public school for the purposes of determining a district's performance for accreditation."; and



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



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



Representative Cunningham offered House Amendment No. 4.



House Amendment No. 4



AMEND House Committee Substitute for House Bill No. 50, Page 3, Section 167.645, Line 68, by deleting the "." at the end of the line and inserting in lieu thereof the following:

"; provided, however, each district shall make available, upon the request of any parent, patron, or media outlet within the district, the number and percentage of students receiving remediation pursuant to this section. The information shall be presented in a way that does not permit personal identification of any student or educational personnel.".



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



Representative Reid offered House Amendment No. 5.



Representative Kennedy raised a point of order that House Amendment No. 5 is not germane to the bill.



The Chair ruled the point of order well taken.



Representative Holand offered House Amendment No. 5.



House Amendment No. 5



AMEND House Committee Substitute for House Bill No. 50, Page 3, Section 167.645, Line 71, by adding after all of said line the following:



"Section 1. Students who receive special education services pursuant to sections 162.670 to 162.999, RSMo, shall be exempt from the retake provisions as required by section 167.640, RSMo."; and



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



On motion of Representative Holand, House Amendment No. 5 was adopted.



Representative Levin offered House Amendment No. 6.

House Amendment No. 6



AMEND House Committee Substitute for House Bill No. 50, Page 2, Section 167.645, Line 33, by deleting the words "fourth-grade" and inserting in lieu thereof "next"; and



Further amend said bill, Page 2, Section 167.645, Line 35, by deleting the words "fourth-grade" and inserting in lieu thereof "next"; and



Further amend said bill, Page 2, Section 167.645, Lines 37 and 38, by deleting all of said lines and inserting in lieu thereof the following: "this subsection."; and



Further amend said bill, Page 2, Section 167.645, Line 41, by deleting the words "fourth-grade" and inserting in lieu thereof "next"; and



Further amend said bill, Page 2, Section 167.645, Line 42, by deleting the words "third-grade" and inserting in lieu thereof "the required"; and



Further amend said bill, Page 2, Section 167.645, Line 45, by deleting the words "third-grade" and inserting in lieu thereof "the required" and by adding, immediately after the word "shall" the following: "retain the student and"; and



Further amend said bill, Page 2, Section 167.645, Line 46, by deleting the words "fifth-grade" and inserting in lieu thereof "next".



Representative Relford raised a point of order that House Amendment No. 6 is dilatory.



The Chair ruled the point of order not well taken.



Representative Levin moved that House Amendment No. 6 be adopted.



Which motion was defeated by the following vote:



AYES: 030
Ballard Bartelsmeyer Bearden Berkstresser Boatright
Burton Cooper Cunningham Dempsey Dolan
Froelker Henderson Hendrickson Hohulin Hunter
Levin Linton Marble Moore Murphy
Phillips Portwood Purgason Rector Reid
Roark Scott Secrest St. Onge Surface
NOES: 123
Abel Baker Barnett Barnitz Barry 100
Bartle Behnen Berkowitz Black Bonner
Boucher Bowman Boykins Bray 84 Britt
Brooks Burcham Byrd Campbell Champion
Cierpiot Clayton Coleman Copenhaver Crawford
Crowell Crump Curls Davis Enz
Fares Farnen Foley Franklin Fraser
Gaskill George Graham Gratz Green 15
Griesheimer Hagan-Harrell Hampton Hanaway Harding
Harlan Hartzler Haywood Hegeman Hickey
Hilgemann Holand Hollingsworth Holt Hoppe
Hosmer Jetton Johnson 61 Johnson 90 Jolly
Kelley 47 Kelly 144 Kelly 27 Kelly 36 Kennedy
King Koller Lawson Legan Liese
Lograsso Lowe Luetkemeyer Luetkenhaus Marsh
May 149 Mayer Mays 50 McKenna Merideth
Miller Monaco Myers Naeger Nordwald
O'Connor O'Toole Ostmann Overschmidt Ransdall
Reinhart Relford Reynolds Richardson Ridgeway
Rizzo Robirds Ross Scheve Schwab
Selby Shelton Shields Shoemyer Skaggs
Smith Thompson Townley Treadway Troupe
Van Zandt Villa Vogel Wagner Walton
Ward Wiggins Williams Willoughby Wilson 25
Wilson 42 Wright Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 006
Carnahan Ford Gambaro Green 73 Long
Seigfreid
VACANCIES: 004


Representative Crowell offered House Amendment No. 7.



House Amendment No. 7



AMEND House Committee Substitute for House Bill No. 50, Page 2, Section 167.645, Line 38, by inserting the following:



"The Department of Elementary and Secondary Education shall be required to reimburse all verifiable costs associated with or incurred by school districts in the implementation and execution of said thirty hours of additional reading instruction program."; and



Further amend said title, enacting clause and the sectional references accordingly.



On motion of Representative Crowell, House Amendment No. 7 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 Boykins Britt Burcham Burton
Byrd Campbell Champion Cierpiot Clayton
Cooper Copenhaver Crawford Crowell Crump
Cunningham Curls Davis Dempsey Dolan
Enz Fares Farnen Foley Fraser
Froelker Gaskill George Graham Gratz
Green 15 Griesheimer Hampton Hanaway Harding
Hartzler Haywood Hegeman Henderson Hendrickson
Hickey Hilgemann Hohulin Holand Hollingsworth
Holt Hosmer Hunter Jetton 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 McKenna Merideth Miller
Monaco Moore Murphy Myers Naeger
Nordwald O'Connor O'Toole Ostmann Overschmidt
Phillips Portwood Purgason Ransdall Rector
Reid Reinhart Relford Reynolds Richardson
Ridgeway Rizzo Roark Robirds Ross
Scheve Schwab Scott Secrest Selby
Shields Shoemyer Smith St. Onge Surface
Thompson Townley Treadway Troupe Van Zandt
Villa Vogel Wagner Ward Wiggins
Williams Willoughby Wilson 25 Wilson 42 Wright
Mr. Speaker
NOES: 013
Bowman Bray 84 Brooks Coleman Franklin
Green 73 Hagan-Harrell Harlan Johnson 61 Mays 50
Shelton Skaggs Walton
PRESENT: 000
ABSENT WITH LEAVE: 005
Carnahan Ford Gambaro Hoppe Seigfreid
VACANCIES: 004


On motion of Representative Relford, HCS HB 50, as amended, was adopted.



On motion of Representative Relford, HCS HB 50, as amended, was ordered perfected and printed.



Speaker Kreider assumed the Chair.



PERFECTION OF HOUSE BILL - INFORMAL



HB 381, with Part I of House Amendment No. 4 to HS, Part II of House Amendment No. 4 to HS and HS, as amended, pending, relating to gray market tobacco, was taken up by Representative Hoppe.



Part I of House Amendment No. 4 to HS was withdrawn.



Part II of House Amendment No. 4 to HS was withdrawn.



Representative Hosmer offered House Amendment No. 4.



House Amendment No. 4



AMEND House Substitute for House Bill No. 381, Page 17, Section 407.933, Line 23 of said page, by deleting all of said line and inserting in lieu thereof the following: "infraction;"; and



Further amend said bill, Page 18, Section 407.933, Lines 1 and 2 of said page, by deleting all of said lines; and



Further amend said bill, Page 18, Section 407.933, Lines 5 to 10 of said page, by deleting all of said lines and inserting in lieu thereof the following:



"or tobacco products confiscated and shall complete a tobacco education or smoking cessation program, if available."; and



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



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



Representative Legan offered House Amendment No. 5.



House Amendment No. 5



AMEND House Substitute for House Bill No. 381, Page 19, Section 407.934, Line 12 of said page, by deleting all of said line and inserting in lieu thereof the following:



"division may employ a person seventeen years of age to attempt to purchase tobacco but not complete the transaction for"; and



Further amend said bill, Page 19, Section 407.934, Line 14 of said page, by inserting after all of said line the following:



"6. The supervisor of the division of liquor control shall not use minors to enforce the provisions of this chapter unless the supervisor promulgates rules that establish standards for the use of minors. The supervisor shall establish mandatory guidelines for the use of minors in investigations by a state, county, municipal or other local law enforcement authority which shall be followed by such authority and which shall, at a minimum, provide for the following:

(1) The minor shall be seventeen years of age;

(2) The minor shall have a youthful appearance, and the minor, if a male, shall not have facial hair or a receding hairline and if a female, shall not wear excessive makeup or excessive jewelry;

(3) The state, county, municipal or other local law enforcement agency shall obtain the consent of the minor's parent or legal guardian before the use of such minor on a form approved by the supervisor;

(4) The state, county, municipal or other local law enforcement agency shall make a photocopy of the minor's valid identification showing the minor's correct date of birth;

(5) Any attempt by such minor to purchase tobacco products shall be videotaped or audiotaped with equipment sufficient to record all statements made by the minor and the seller of the tobacco product;

(6) The minor shall carry his or her own identification showing the minor's correct date of birth and shall, upon request, produce such identification to the seller of the tobacco product;

(7) The minor shall answer truthfully any questions about his or her age and shall not remain silent when asked questions regarding his or her age;

(8) The minor shall not lie to the seller of the tobacco product to induce a sale of tobacco products;

(9) The minor shall not be employed by the state, county, municipal or other local law enforcement agency on an incentive or quota basis;

(10) The state, county, municipal or other local law enforcement agency shall, within forty-eight hours, contact or take all reasonable steps to contact the owner or manager of the establishment if a violation occurs;

(11) The state, county, municipal or other local law enforcement agency shall maintain records of each visit to an establishment where a minor is used by the state, county, municipal or other local law enforcement agency for a period of at least one year following the incident, regardless of whether a violation occurs at each visit, and such records shall, at a minimum, include the following information:

(a) The signed consent form of the minor's parent or legal guardian;

(b) A Polaroid photograph of the minor;

(c) A photocopy of the minor's valid identification, showing the minor's correct date of birth;

(d) An information sheet completed by the minor on a form approved by the supervisor; and

(e) The name of each establishment visited by the minor, and the date and time of each visit.

7. If the state, county, municipal or other local law enforcement authority uses minors in investigations or in enforcing or determining violations of this chapter or any local ordinance and does not comply with the mandatory guidelines established by the supervisor of liquor control in subsection 6 of this section, the supervisor of liquor control shall not take any disciplinary action against the establishment or seller pursuant to this chapter based on an alleged violation discovered when using a minor and shall not cooperate in any way with the state, county, municipal or other local law enforcement authority in prosecuting any alleged violation discovered when using a minor."; and



Further amend said bill, Page 19, Section 407.934, Line 15 of said page, by deleting the number "6." and inserting in lieu thereof the number "8."; and



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



On motion of Representative Legan, House Amendment No. 5 was adopted.



Representative Koller offered House Amendment No. 6.



House Amendment No. 6



AMEND House Substitute for House Bill No. 381, Pages 18 and 19, Section 407.934, by deleting all of said section.; and



Further amend title and enacting clause accordingly.



Representative Hosmer offered House Substitute Amendment No. 1 for House Amendment No. 6.



House Substitute Amendment No. 1

for

House Amendment No. 6



AMEND House Substitute for House Bill No. 381, Page 19, Section 407.934, Lines 1, 2, and 3, by deleting all of said lines; and



Further amend said bill, Page 19, Section 407.934, Line 18, by deleting all of said line and inserting in lieu thereof the following: "infraction"; and



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



On motion of Representative Hosmer, House Substitute Amendment No. 1 for House Amendment No. 6 was adopted by the following vote:



AYES: 085
Baker Ballard Barnett Barry 100 Bartle
Berkowitz Bonner Boucher Bowman Boykins
Bray 84 Britt Brooks Campbell Champion
Coleman Copenhaver Crump Cunningham Curls
Davis Dempsey Dolan Enz Fares
Farnen Fraser Gaskill Graham Gratz
Griesheimer Hagan-Harrell Harding Haywood Hendrickson
Hilgemann Holand Hollingsworth Holt Hoppe
Hosmer Johnson 90 Jolly Kelley 47 Kelly 36
Kennedy Legan Liese Linton Marsh
May 149 Mays 50 McKenna Miller Monaco
Moore Naeger Nordwald O'Connor O'Toole
Ostmann Phillips Ransdall Relford Ridgeway
Ross Scheve Secrest Selby Shoemyer
Skaggs Smith Thompson Treadway Van Zandt
Villa Walton Ward Wiggins Williams
Willoughby Wilson 25 Wilson 42 Wright Mr. Speaker
NOES: 063
Abel Barnitz Bartelsmeyer Bearden Behnen
Berkstresser Black Boatright Burcham Burton
Byrd Cierpiot Clayton Cooper Crawford
Crowell Foley Franklin Froelker George
Green 15 Green 73 Hampton Hanaway Hartzler
Hegeman Henderson Hickey Hohulin Hunter
Jetton Kelly 144 Kelly 27 King Koller
Lawson Levin Lowe Luetkemeyer Marble
Mayer Merideth Murphy Myers Overschmidt
Portwood Purgason Rector Reinhart Reynolds
Richardson Rizzo Roark Robirds Schwab
Scott Shelton Shields St. Onge Surface
Townley Vogel Wagner
PRESENT: 000
ABSENT WITH LEAVE: 011
Carnahan Ford Gambaro Harlan Johnson 61
Lograsso Long Luetkenhaus Reid Seigfreid
Troupe
VACANCIES: 004


Representative Hohulin, having voted on the prevailing side, moved that the vote by which House Amendment No. 3 to HB 381 was defeated, be reconsidered.



Which motion was adopted by the following vote:



AYES: 133
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
Champion Cierpiot Clayton Coleman Cooper
Copenhaver Crowell Crump Cunningham Curls
Davis Dolan Enz Fares Farnen
Foley Franklin Fraser Gaskill Gratz
Green 15 Griesheimer Hampton Hanaway Harding
Harlan Hartzler Haywood Henderson Hendrickson
Hickey Hilgemann Hohulin Holand Hollingsworth
Holt Hoppe Hosmer Hunter Jetton
Johnson 90 Jolly Kelly 27 Kelly 36 Kennedy
King Koller Lawson Legan Levin
Liese Linton Long Lowe Luetkemeyer
Marble Marsh May 149 Mayer Mays 50
McKenna Merideth Miller Monaco Moore
Myers Naeger Nordwald O'Connor O'Toole
Ostmann Overschmidt Phillips Portwood Ransdall
Rector Reinhart Relford Richardson Rizzo
Roark Robirds Ross Scheve Schwab
Scott Secrest Selby Shelton Shields
Shoemyer Skaggs Smith St. Onge Surface
Thompson Treadway Van Zandt Villa Vogel
Walton Ward Williams Willoughby Wilson 25
Wilson 42 Wright Mr. Speaker
NOES: 014
Dempsey Froelker George Graham Green 73
Hagan-Harrell Hegeman Murphy Purgason Reid
Reynolds Ridgeway Wagner Wiggins
PRESENT: 000
ABSENT WITH LEAVE: 012
Carnahan Crawford Ford Gambaro Johnson 61
Kelley 47 Kelly 144 Lograsso Luetkenhaus Seigfreid
Townley Troupe
VACANCIES: 004


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



On motion of Representative Hoppe, HS HB 381, as amended, was adopted.



On motion of Representative Hoppe, HS HB 381, as amended, was ordered perfected and printed.



REFERRAL OF HOUSE RESOLUTION



The following House Resolution was referred to the Committee indicated:



HR 394 - Miscellaneous Bills & Resolutions



REFERRAL OF HOUSE CONCURRENT RESOLUTION



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



HCR 24 - Miscellaneous Bills & Resolutions



REFERRAL OF HOUSE BILLS



The following House Bills were referred to the Committee indicated:



HB 80 - Fiscal Review and Government Reform (Fiscal Note)

HB 660 - Retirement



RE-REFERRAL OF HOUSE BILL



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



HB 774 - Civil and Administrative Law



COMMITTEE REPORTS



Committee on Fiscal Review and Government Reform, Chairman Hollingsworth reporting:



Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HCS HBs 144 & 46 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.



Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HCS HB 207 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.



Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HS HCS HBs 328 & 88 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.



Committee on Tourism, Recreation and Cultural Affairs, Chairman Overschmidt reporting:



Mr. Speaker: Your Committee on Tourism, Recreation and Cultural Affairs, to which was referred HB 242, begs leave to report it has examined the same and recommends that it Do Pass by Consent.



INTRODUCTION OF HOUSE CONCURRENT RESOLUTION



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



HCR 25, introduced by Representative Graham, relating to authorization for the issuance of bonds for university arena projects.







INTRODUCTION OF HOUSE JOINT RESOLUTION



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



HJR 17, introduced by Representatives Scheve and Van Zandt, relating to the tobacco settlement trust fund.



INTRODUCTION OF HOUSE BILLS



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



HB 881, introduced by Representatives Scott, Crawford and Henderson, relating to nursing home districts.



HB 882, introduced by Representatives Crump, Foley, Hickey, McKenna, Bowman, Ford, Haywood and Thompson, et al, relating to horse racing and pari-mutuel wagering.



HB 883, introduced by Representatives Barnitz, Ransdall, Boatright, Townley, Coleman, Merideth and Legan, et al, relating to trespass.



HB 884, introduced by Representative Kelly (36), relating to registration of motor vehicles.



HB 885, introduced by Representative Kelly (36), relating to signs permitted on certain highways.



HB 886, introduced by Representatives Kelly (144), Cooper, Hunter, Moore, Reinhart and Portwood, et al, relating to sales and use taxation.



HB 887, introduced by Representatives Troupe, Reinhart, Berkowitz, Kelley (47), Naeger, Hilgemann, Kennedy, Black, Portwood, Sanders Brooks and Holand, relating to a Medicaid pharmacy management program.



HB 888, introduced by Representatives Scheve and Van Zandt, relating to tobacco.



HB 889, introduced by Representative Rizzo, relating to tax credits for new or expanded business facilities.



HB 890, introduced by Representative Hendrickson, relating to the regulation of adult establishments.















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 SCS SB 186, entitled:



An act to amend chapter 367, RSMo, by adding thereto five new sections relating to deferred presentment services.



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 SB 227, entitled:



An act to repeal section 461.051, RSMo 2000, relating to nonprobate transfers, and to enact in lieu thereof one new section 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 382, entitled:



An act relating to compliance with Title V of the Federal Gramm-Leach Bliley Financial Modernization Act of 1999, 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 adopted SCR 19.



SENATE CONCURRENT RESOLUTION NO. 19



WHEREAS, the Child Citizenship Act of 2000, effective February 27, 2001, will grant automatic citizenship to foreign-born children who have been adopted abroad, with stipulations that the child meet basic eligibility criteria and that one of the parents hold United States citizenship; and



WHEREAS, prior to the passage of the Child Citizenship Act, obtaining United States citizenship for foreign-born children who were adopted abroad was a complex and burdensome task that could take years to complete; and



WHEREAS, foreign-born children adopted abroad have already experienced long journeys to become treasured members of many families within Missouri and throughout the United States; and



WHEREAS, given the large number of foreign-born children who have been adopted by United States parents, February 27, 2001, will be designated as a day in our nation's history when the largest number of persons become United States citizens; and



WHEREAS, parents, siblings and extended families throughout the state and the nation who have experienced the joy of adding members to their families through adoption of foreign-born children are elated at the passage of the Child Citizenship Act of 2000, which is being celebrated throughout the nation:

NOW THEREFORE BE IT RESOLVED, that the members of the Missouri Senate, Ninety-First General Assembly, First Regular Session, the House of Representatives concurring therein, hereby declare February 27, 2001, to be Child Citizenship Day; and



BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for the Director of the Department of Social Services and the Commissioner of Education and the members of the Missouri Congressional delegation.



In which the concurrence of the House is respectfully requested.



WITHDRAWAL OF HOUSE BILL



February 27, 2001



The Honorable Jim Kreider, Speaker

Missouri House of Representatives

State Capitol, Room 308

Jefferson City, MO 65101



Dear Mr. Speaker:



I respectfully request to withdraw House Bill 653 that requires applicants for unemployment insurance benefits to submit to a drug test.



Your consideration of this matter is appreciated.



Sincerely,



/s/ Estel Robirds

State Representative



The following member's presence was noted: Gambaro.



ADJOURNMENT



On motion of Representative Crump, the House adjourned until 10:00 a.m., Wednesday, February 28, 2001.



COMMITTEE MEETINGS



AGRICULTURE

Wednesday, February 28, 2001, 3:00 pm. Hearing Room 7.

To be considered - HB 412, HB 580, Executive Session - HB 307, Executive Session - HB 411, Executive Session - HB 473



BUDGET

Wednesday, February 28, 2001, 8:00 am. Hearing Room 3. CANCELLED.

To be considered - HB 7, HB 8, HB 9





BUDGET

Wednesday, February 28, 2001, 1:00 pm. Hearing Room 3. AMENDED.

To be considered - HB 8, HB 9, HB 10, HB 11



BUDGET

Wednesday, February 28, 2001, 7:30 pm. Hearing Room 3. AMENDED.

To be considered - HB 10, HB 11, HB 12



BUDGET

Thursday, March 1, 2001. Hearing Room 3 upon morning adjournment.

To be considered - HB 11, HB 12



CIVIL AND ADMINISTRATIVE LAW

Wednesday, February 28, 2001, 3:00 pm. Hearing Room 1. AMENDED.

To be considered - HB 407, HB 467, HB 537, HB 693, HB 712, Executive Session - HB 464



CONSERVATION, STATE PARKS AND MINING

Wednesday, February 28, 2001, 8:30 am. Hearing Room 1.

Informational meeting - Doug Eiken - Division of State Parks



CRIMINAL LAW

Wednesday, February 28, 2001, 8:00 pm. Hearing Room 7. AMENDED NOTICE.

To be considered - HB 378, HB 471, HB 510, HB 533, HB 563, HB 572, HB 641, HB 707, HB 724



EDUCATION - ELEMENTARY AND SECONDARY

Wednesday, February 28, 2001. Hearing Room 5. Upon morning adjournment.

Possible Executive Session. AMENDED.

To be considered - HB 45, HB 81, HB 132, HB 274, Executive Session - HB 29,

Executive Session - HB 300, Executive Session - HB 505, Executive Session - HB 754



EDUCATION - HIGHER

Wednesday, February 28, 2001, 3:00 pm. Hearing Room 5.

Possible Executive Session.

To be considered - HB 636, HB 683, HB 769



ENVIRONMENT AND ENERGY

Thursday, March 1, 2001, 8:30 am. Hearing Room 5.

To be considered - HB 437, HB 438, HB 721, Executive Session - HB 296,

Executive Session - HB 597



JOINT COMMITTEE ON LEGISLATIVE RESEARCH

Wednesday, February 28, 2001, 12:30 pm. Hearing Room 6.

Presentation of Oversight Evaluation Reports:

1) Adoption Services Program & CAPCO Program.



MISCELLANEOUS BILLS AND RESOLUTIONS

Wednesday, February 28, 2001, 8:30 am. Hearing Room 6.

Executive Session may follow.

To be considered - HB 172, HB 186, HB 545



MUNICIPAL CORPORATIONS

Wednesday, February 28, 2001, 3:00 pm. Hearing Room 4.

Executive Session may follow.

To be considered - HB 622, HB 647, HB 699, HB 704, HB 770



PROFESSIONAL REGISTRATION AND LICENSING

Wednesday, February 28, 2001, 5:00 pm. Hearing Room 5. AMENDED.

To be considered - HB 401, HB 416, HB 484, HB 500, HB 640, HB 716, HB 757,

Executive Session - HB 400, Executive Session - HB 607



RETIREMENT

Wednesday, February 28, 2001, 8:00 pm. Hearing Room 1. AMENDED NOTICE.

Executive Session may follow.

To be considered - HB 318, HB 426, HB 514, HB 548, HB 602, HB 660, HB 705, HB 750



SUBCOMMITTEE ON LEGISLATIVE RESEARCH & OVERSIGHT

Wednesday, February 28, 2001, 1:00 pm. Hearing Room 6.

Subcommittee on Revision.

Closed meeting within the meeting of Chapter 610, RSMo.



TRANSPORTATION

Wednesday, February 28, 2001, 3:00 pm. Hearing Room 6. CORRECTED.

To be considered - HB 518, HB 523, HB 714



UTILITIES REGULATION

Thursday, March 1, 2001, 8:30 am. Hearing Room 6.

Executive Session to follow.

To be considered - HB 676



HOUSE CALENDAR



THIRTY-FOURTH DAY, WEDNESDAY, FEBRUARY 28, 2001



HOUSE CONCURRENT RESOLUTION FOR SECOND READING

HCR 25



HOUSE JOINT RESOLUTION FOR SECOND READING

HJR 17





HOUSE BILLS FOR SECOND READING

HB 881 through HB 890



HOUSE BILLS FOR PERFECTION

1 HB 287 - Williams

2 HCS HB 50 - Relford

3 HCS HB 26 - Wilson (42)

4 HCS HB 194 - Hosmer

5 HB 166 - Troupe

6 HB 218 - Farnen

7 HB 114 - Hickey

8 HB 421 - Graham

9 HCS HB 265 & 369 - Hosmer

10 HCS HB 237, 270, 403 & 442 - Smith

11 HCS HB 425 - O'Toole



HOUSE BILL FOR PERFECTION - INFORMAL

HCS HB 113 - Hickey



HOUSE BILLS FOR PERFECTION - CONSENT



(February 26, 2001)



1 HB 801 - Liese

2 HB 309 - McKenna

3 HB 111 - Ladd Baker

4 HB 126 - Long

5 HB 431 - Barry

6 HB 202 - Rizzo

7 HB 129 - Van Zandt

8 HB 157 - Hosmer



HOUSE BILL FOR THIRD READING - APPROPRIATIONS

HCS HB 15 - Green (73)



HOUSE BILLS FOR THIRD READING

1 HCS HB 144 & 46 - Bonner

2 HS HCS HB 328 & 88 - Harlan

3 HCS HB 207, E.C. - Ross

4 HCS HB 567 - Treadway

5 HCS HB 241 - Smith

6 HB 80 - Ross (Fiscal Review 2-27-01)







HOUSE BILLS FOR THIRD READING - CONSENT

1 HB 133 - Gambaro

2 HB 48 - Relford

3 HB 78 - Kennedy

4 HB 262 - Linton



SENATE CONCURRENT RESOLUTION FOR SECOND READING

SCR 19



SENATE BILLS FOR SECOND READING

1 SCS SB 186

2 SB 227

3 SCS SB 382
Missouri House of Representatives