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 382Missouri House of
Representatives