Journal of the House

First Regular Session, 91st General Assembly

THIRTY-FOURTH DAY, Wednesday, February 28, 2001

Speaker Pro Tem Abel in the Chair.

Prayer by Reverend Rudy Beard.

Eternal God: we pause now to praise You for Your great goodness to us, and for mercies that fall like rain on the just and the unjust; for words that find us when we need the heart uplifted; for songs that Your love has taught the soul to sing; for coincidental happenings, which seen in retrospect, speak of Your gentle leading and care; for loving families and sturdy friends from whom we receive support and encouragement.

Keep this House in this special season, bless its members and staff and their families; to You be glory and honor. Amen.

The Pledge of Allegiance to the flag was recited.

The Journal of the thirty-third day was approved as corrected.

RESOLUTION

Representatives Purgason, Hohulin, Kelly (144), Wright, King, Long, Burton and Gaskill offered House Resolution No. 650.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 648 - Representative Cooper

House Resolution No. 649 - Representative Davis

House Resolution No. 651 - Representative Kelley (47)

House Resolution No. 652 - Representative Hohulin

SECOND READING OF HOUSE CONCURRENT RESOLUTION

HCR 25 was read the second time.

SECOND READING OF HOUSE JOINT RESOLUTION

HJR 17 was read the second time.

SECOND READING OF HOUSE BILLS

HB 881 through HB 890 were read the second time.

SECOND READING OF SENATE CONCURRENT RESOLUTION

SCR 19 was read the second time.

SECOND READING OF SENATE BILLS

SCS SB 186, SB 227 and SCS SB 382 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 50 and HS HB 381, 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 133, relating to abatement of derelict property, was taken up by Representative Gambaro.

On motion of Representative Gambaro, HB 133 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 48, relating to funeral directors and embalmers, was taken up by Representative Relford.

On motion of Representative Relford, HB 48 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 78, relating to immunity reporting, was taken up by Representative Kennedy.

On motion of Representative Kennedy, HB 78 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 262, relating to school records, was taken up by Representative Linton.

On motion of Representative Linton, HB 262 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

PERFECTION OF HOUSE BILLS

HB 287, relating to private jails, was taken up by Representative Williams.

Representative Williams offered HS HB 287.

Representative Williams offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Bill No. 287, Page 5, Section 1.(2), Line 1, by deleting the word "Jail" and inserting in lieu thereof the word "Correctional"; and

Further amend said bill, Page 5, Section 2., Line 5, by deleting the word "Jail" and inserting in lieu thereof the word "Correctional".

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

Representative Relford offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Bill No. 287, Page 1, In the Title, Lines 1 and 2, by deleting all of said lines and inserting in lieu thereof the following:

"To amend chapter 221, RSMo, by adding thereto five new sections relating to jails and jailers."; and

Further amend said bill, Page 1, Section A, Lines 1 and 2, by deleting all of said lines and inserting in lieu thereof the following:

"Section A. Chapter 221, RSMo, is amended by adding thereto five new sections, to be known as sections 221.360, 221.363, 221.366, 221.369 and 221.407, to read as follows:"; and

Further amend said bill, Page 5, Section 221.369, Line 19, by inserting after all of said line the following:

"221.407. 1. The commission of any regional jail district, the jails of which are operated by member counties and not private authorities, may impose, by order, a sales tax in the amount of one-eighth of one percent, one-fourth of one percent, three-eighths of one percent or one-half of one percent on all retail sales made in such region which are subject to taxation pursuant to the provisions of sections 144.010 to 144.525, RSMo, for the purpose of providing jail services and court facilities and equipment for such region. The tax authorized by this section shall be in addition to any and all other sales taxes allowed by law, except that no order imposing a sales tax pursuant to the provisions of this section shall be effective unless the commission submits to the voters of the district, on any election date authorized in chapter 115, RSMo, a proposal to authorize the commission to impose a tax.

2. The ballot of submission shall contain, but need not be limited to, the following language:

Shall the regional jail district of ............... (counties' names) impose a region-wide sales tax of ....... (insert amount) for the purpose of providing jail services and court facilities and equipment for the region?

[ ] Yes [ ] No

If you are in favor of the question, place an "X" in the box opposite "Yes". If you are opposed to the question, place an "X" in the box opposite "No".

If a majority of the votes cast on the proposal by the qualified voters of the district voting thereon are in favor of the proposal, then the order and any amendment to such order shall be in effect on the first day of the second quarter immediately following the election approving the proposal. If the proposal receives less than the required majority, the commission shall have no power to impose the sales tax authorized pursuant to this section unless and until the commission shall again have submitted another proposal to authorize the commission to impose the sales tax authorized by this section and such proposal is approved by the required majority of the qualified voters of the district voting on such proposal; however, in no event shall a proposal pursuant to this section be submitted to the voters sooner than twelve months from the date of the last submission of a proposal pursuant to this section.

3. All revenue received by a district from the tax authorized pursuant to the provisions of this section shall be deposited in a special trust fund and shall be used solely for providing jail services and court facilities and equipment for such district for so long as the tax shall remain in effect.

4. Once the tax authorized by this section is abolished or terminated by any means, all funds remaining in the special trust fund shall be used solely for providing jail services and court facilities and equipment for the district. Any funds in such special trust fund which are not needed for current expenditures may be invested by the commission in accordance with applicable laws relating to the investment of other county funds.

5. All sales taxes collected by the director of revenue pursuant to this section on behalf of any district, less one percent for cost of collection which shall be deposited in the state's general revenue fund after payment of premiums for surety bonds as provided in section 32.087, RSMo, shall be deposited in a special trust fund, which is hereby created, to be know as the "Regional Jail District Sales Tax Trust Fund". The moneys in the regional jail district sales tax trust fund shall not be deemed to be state funds and shall not be commingled with any funds of the state. The director of revenue shall keep accurate records of the amount of money in the trust fund which was collected in each district imposing a sales tax pursuant to this section, and the records shall be open to the inspection of officers of each member county and the public. Not later than the tenth day of each month the director of revenue shall distribute all moneys deposited in the trust fund during the preceding month to the district which levied the tax. Such funds shall be deposited with the treasurer of each such district, and all expenditures of funds arising from the regional jail district sales tax trust fund shall be paid pursuant to an appropriation adopted by the commission and shall be approved by the commission. Expenditures may be made from the fund for any function authorized in the order adopted by the commission submitting the regional jail district tax to the voters.

6. The director of revenue may authorize the state treasurer to make refunds from the amounts in the trust fund and credited to any district for erroneous payments and overpayments made, and may redeem dishonored checks and drafts deposited to the credit of such districts. If any district abolishes the tax, the commission shall notify the director of revenue of the action at least ninety days prior to the effective date of the repeal and the director of revenue may order retention in the trust fund, for a period of one year, of two percent of the amount collected after receipt of such notice to cover possible refunds or overpayment of the tax and to redeem dishonored checks and drafts deposited to the credit of such accounts. After one year has elapsed after the effective date of abolition of the tax in such district, the director of revenue shall remit the balance in the account to the district and close the account of that district. The director of revenue shall notify each district in each instance of any amount refunded or any check redeemed from receipts due the district.

7. Except as provided in this section, all provisions of sections 32.085 and 32.087, RSMo, shall apply to the tax imposed pursuant to this section.

8. The provisions of this section shall expire August 28, 2015."; and

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

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

Representative Reynolds offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Bill No. 287, Page 50, Section 221.369, by inserting immediately after said section the following:

"Section 1. Except for private facilities in operation on or before August 28, 2001, no public funds shall be used to pay any private entity to manage, staff, or otherwise control the operations and maintenance of any private jail or prison within this state."; and

Further amend the title and enacting clause accordingly.

Representative Reynolds moved that House Amendment No. 3 be adopted.

Which motion was defeated by the following vote:

Representative Ladd Baker offered House Amendment No. 4.

Representative Crump raised a point of order that House Amendment No. 4 is not germane to the bill.

The Chair ruled the point of order well taken.

Representative Troupe offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Bill No. 287, Page 5, Section 221.369, Line 19, by inserting at the end of said line the following:

"(4) House persons charged with or ever convicted of a violent offense or who displays violent behavior while incarcerated in the same cell with persons charged with or convicted of a nonviolent offense who remains nonviolent while incarcerated. Nonviolent offenders who remain nonviolent during incarceration should not be housed in the same cell with an inmate who is violent either by offense or behavior while incarcerated.".

Representative Relford raised a point of order that House Amendment No. 4 goes beyond the scope of the bill.

The Chair ruled the point of order not well taken.

Representative Troupe moved that House Amendment No. 4 be adopted.

Which motion was defeated.

On motion of Representative Williams, HS HB 287, as amended, was adopted.

On motion of Representative Williams, HS HB 287, as amended, was ordered perfected and printed.

HCS HB 26, relating to loan repayment assistance for teachers, was taken up by Representative Wilson (42).

Representative Wilson (42) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 26, Page 2, Section 168.610, Lines 35 and 36, by deleting the words "Missouri higher education savings program board established in section 166.415, RSMo," and inserting in lieu thereof the following: "coordinating board for higher education".

Representative Villa assumed the Chair.

On motion of Representative Wilson (42), House Amendment No. 1 was adopted.

Representative Reid offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 26, Page 1, Section 2, Line 15, by deleting the word "2.50" and inserting in lieu thereof the word "2.80".

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

HCS HB 26, as amended, was laid over.

Representative Abel resumed the Chair.

REFERRAL OF HOUSE BILL

The following House Bill was referred to the Committee indicated:

HCS HB 50 - Fiscal Review and Government Reform (Fiscal Note)

COMMITTEE REPORTS

Committee on Correctional and State Institutions, Chairman Gratz reporting:

Mr. Speaker: Your Committee on Correctional and State Institutions, to which was referred HB 409, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Correctional and State Institutions, to which was referred HB 452, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Correctional and State Institutions, to which was referred HB 502, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Correctional and State Institutions, to which was referred HB 600, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Correctional and State Institutions, to which was referred HB 779, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Miscellaneous Bills & Resolutions, Chairman O'Toole reporting:

Mr. Speaker: Your Committee on Miscellaneous Bills & Resolutions, to which was referred HB 185, begs leave to report it has examined the same and recommends that it Do Pass.

INTRODUCTION OF HOUSE BILLS

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

HB 891, introduced by Representative Smith, relating to disclosure of health information.

HB 892, introduced by Representative Sanders Brooks, relating to sanitation in food establishments.

HB 893, introduced by Representatives Hilgemann and Gambaro, relating to motor vehicles license plates.

HB 894, introduced by Representatives Johnson (61) and Portwood, relating to prostate cancer screening.

HB 895, introduced by Representatives Naeger, Reinhart, Bearden, Dempsey, Levin, Gaskill and Nordwald, et al, relating to small claims court procedure.

HB 896, introduced by Representatives Fraser and Levin, relating to automobile insurance discounts for persons fifty-five years of age and older.

HB 897, introduced by Representatives Kreider, Hanaway, Levin, Kelly (144), Bartelsmeyer, Foley and Holt, et al, relating to motor vehicle records.

HB 898, introduced by Representatives Hilgemann, Hendrickson and Campbell, relating to the uniform planned community act.

HB 899, introduced by Representatives Gratz, Nordwald and Merideth, relating to licensing of auctioneers.

HB 900, introduced by Representative Ward, relating to surplus lines insurance.

HB 901, introduced by Representatives Riback Wilson (25) and Campbell, et al, relating to the death penalty.

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 287, entitled:

An act to repeal section 32.056, RSMo 2000, and to enact in lieu thereof one new section relating to certain peace officers.

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 344, entitled:

An act to repeal section 375.1220, RSMo 2000, relating to insurer liquidation law, and to enact in lieu thereof one new section relating to the same subject, with a termination date and an emergency clause.

Emergency clause adopted.

In which the concurrence of the House is respectfully requested.

The following member's presence was noted: Wagner.

ADJOURNMENT

On motion of Representative Crump, the House adjourned until 10:00 a.m., Thursday, March 1, 2001.

CORRECTIONS TO THE HOUSE JOURNAL

Correct House Journal, Thirty-third Day, Tuesday, February 27, 2001, pages 499 and 500, roll call, by showing Representative Champion voting "aye" rather than "absent with leave".

Pages 510 and 511, roll call, by showing Representatives Crawford and Kelley (47) voting "aye" rather than "absent with leave".

COMMITTEE MEETINGS

APPROPRIATIONS - TRANSPORTATION

Wednesday, March 7, 2001, 8:30 am. Hearing Room 7.

Presentations on funding formulas.

BUDGET

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

To be considered - HB 11, HB 12

CHILDREN, FAMILIES, AND HEALTH

Thursday, March 1, 2001. Hearing Room 5 upon adjournment.

Executive Session.

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

ETHICS

Thursday, March 1, 2001. Northeast side gallery upon adjournment.

Approval of Caucus.

JOINT COMMITTEE ON ADMINISTRATIVE RULES

Thursday, March 1, 2001, 9:00 am. Room 331.

Organizational meeting.

JUDICIARY

Tuesday, March 6, 2001, 3:00 pm. Hearing Room 5.

Executive Session may follow.

To be considered - HB 525, HB 589, HB 677, HB 846

MISCELLANEOUS BILLS AND RESOLUTIONS

Thursday, March 1, 2001, 9:30 am. Hearing Room 3.

To be considered - Executive Session - HB 444, Executive Session - HB 555,

Executive Session - HJR 1, Executive Session - HJR 8

SPECIAL COMMITTEE ON SPORTSMANSHIP, SAFETY AND FIREARMS

Tuesday, March 6, 2001. Hearing Room 7 upon adjournment.

Executive Session may follow.

To be considered - HB 28, HB 33, HB 258, HB 853

URBAN AFFAIRS

Tuesday, March 6, 2001, 5:00 pm. Hearing Room 1.

To be considered - HB 760, HB 783

UTILITIES REGULATION

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

Executive Session to follow.

To be considered - HB 676

WORKERS COMPENSATION AND EMPLOYMENT SECURITY

Monday, March 5, 2001. Hearing Room 6 upon evening adjournment.

To be considered - Executive Session - HB 445, Executive Session - HB 446

HOUSE CALENDAR

THIRTY-FIFTH DAY, THURSDAY, MARCH 1, 2001

HOUSE BILLS FOR SECOND READING

HB 881 through HB 901

HOUSE BILLS FOR PERFECTION

1 HCS HB 26, as amended, - Wilson (42)

2 HCS HB 194 - Hosmer

3 HB 166 - Troupe

4 HB 218 - Farnen

5 HB 114 - Hickey

6 HB 421 - Graham

7 HCS HB 265 & 369 - Hosmer

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

9 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, (Fiscal Review 2-27-01) - Ross

7 HCS HB 50, E.C. - Relford (Fiscal Review 2-28-01)

8 HS HB 381 - Hoppe

SENATE BILLS FOR SECOND READING

1 SCS SB 287

2 SCS SB 344

Missouri House of Representatives