Journal of the House

First Regular Session, 91st General Assembly

THIRTY-SIXTH DAY, Monday, March 5, 2001

Speaker Kreider in the Chair.

Prayer by Father David Buescher.

Heavenly God, help all of the citizens of Missouri build a better society. May we all reflect even more Your compassion, hope, justice. May violence against neighbor be no more, may tolerance of differences be our cry, may the rule of law over both tyranny and anarchy guide us forward.

This legislative assembly is almost half over; which means that our representatives still have half of this session to complete their dreams for our state. We pray a special blessing on them that they continue with strength, endurance, and wisdom. 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: Ben Makla, Nathan Makla, Kiersten Schad, Melissa Myers, Nick Weber, Luke Turner, Allie McVicar, Taylor Janous, Emily Schad, Ellie Braungardt, Brevin McVicar, Kelli Mae Marshall, Jason Marshall and Emily Wheeler.

COMMUNICATION FROM THE SECRETARY OF THE STATE

TO THE CHIEF CLERK OF THE HOUSE

Mr. Ted Wedel

Jefferson City, MO

Sir:

I, Matt Blunt, Secretary of State of the State of Missouri, hereby certify that at the Special Election held in the 43^rd Legislative District in the State of Missouri, on the 27^th day of February, 2001, as provided by law, the following named person was elected to the office of State Representative, 43^rd Legislative District as shown by the election results certified to this office by the election authority of the 43^rd Legislative District.

Name Office

Craig C. Bland State Representative

1642 Bushman 43^rd Legislative District

Kansas City, MO 64110

IN WITNESS WHEREOF, I have hereunto set

My hand and affixed the seal of my office this 5^th

Day of March, 2001.

/s/Matt Blunt

Secretary of State

/s/Daniel S. Ross

Executive Deputy Secretary of State

OATH OF OFFICE

Representative-elect Craig C. Bland advanced to the bar and subscribed to the oath of office, which was administered by the Honorable Jim Kreider, Speaker of the Missouri House of Representatives.

The Journal of the thirty-fifth day was approved as corrected by the following vote:

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 670

through

House Resolution No. 683 - Representative Johnson (90)

House Resolution No. 684 - Representative Vogel

House Resolution No. 685 - Representative Reinhart

House Resolution No. 686 - Representative Richardson, et al

House Resolution No. 687 - Representatives Myers and Black

House Resolution No. 688

through

House Resolution No. 701 - Representatives Murphy and Hendrickson

House Resolution No. 702

through

House Resolution No. 715 - Representatives Murphy, Hendrickson and Barry

House Resolution No. 716

through

House Resolution No. 729 - Representatives Murphy, Enz and Hendrickson

House Resolution No. 730

through

House Resolution No. 739 - Representatives Murphy and Fares

House Resolution No. 740

through

House Resolution No. 753 - Representatives Murphy and Enz

House Resolution No. 754 - Representative Byrd

SECOND READING OF HOUSE CONCURRENT RESOLUTION

HCR 26 was read the second time.

SECOND READING OF HOUSE BILLS

HB 902 through HB 915 were read the second time.

SECOND READING OF SENATE BILLS

SB 110, SB 111, SB 295, SB 303, SB 321 and SCS SB 357 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 26, HCS HB 194, HB 218 and HCS HBs 265 & 369, 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.

PERFECTION OF HOUSE BILLS

HB 166, relating to minority teaching scholarships, was placed on the Informal Calendar.

HB 114, relating to sales/use tax exemption, was placed on the Informal Calendar.

HCS HBs 237, 270, 403 & 442, relating to sunshine law, was taken up by Representative Smith.

Representative Smith offered HS HCS HBs 237, 270, 403 & 442.

Representative Relford offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill Nos. 237, 270, 403 & 442, Page 10, Section 610.027, Line 16, by inserting after the following: "[purposely]" the following: "knowingly"; and

Further amend said bill, Page 10, Section 610.027, Line 19, by deleting the words "twenty-five thousand" and inserting in lieu thereof the following: "two thousand five hundred".

Representative Smith offered House Substitute Amendment No. 1 for House Amendment No. 1.

House Substitute Amendment No. 1

for

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill Nos. 237, 270, 403 & 442, Section 610.027, Page 10, Lines 16 through 19, by deleting said lines and inserting in lieu thereof the following:

"body, has, with or without the knowledge of any member, [purposely] violated sections 610.010 to 610.027, the public governmental body or the member shall be subject to a civil [fine] penalty in the amount of not more than [five hundred dollars and] five thousand dollars, but in no event shall".

Representative Ridgeway requested a division of the question on House Substitute Amendment No. 1 for House Amendment No. 1.

House Substitute Amendment No. 1

for

House Amendment No. 1

PART I

AMEND House Substitute for House Committee Substitute for House Bill Nos. 237, 270, 403 & 442, Section 610.027, Page 10, Line 16, by deleting said line and inserting in lieu thereof the following:

"body, has, with or without the knowledge of any member, [purposely] violated sections 610.010 to 610.027, the".

Representative Smith moved that Part I of House Substitute Amendment No. 1 for House Amendment No. 1 be adopted.

Which motion was defeated by the following vote:

House Substitute Amendment No. 1

for

House Amendment No. 1

PART II

AMEND House Substitute for House Committee Substitute for House Bill Nos. 237, 270, 403 & 442, Section 610.027, Page 10, Lines 17 through 19, by deleting said lines and inserting in lieu thereof the following:

" public governmental body or the member shall be subject to a civil [fine] penalty in the amount of not more than [five hundred dollars and] five thousand dollars, but in no event shall".

Representative Smith moved that Part II of House Substitute Amendment No. 1 for House Amendment No. 1 be adopted.

Which motion was defeated by the following vote:

Representative Monaco requested a division of the question on House Amendment No. 1.

House Amendment No. 1

PART I

AMEND House Substitute for House Committee Substitute for House Bill Nos. 237, 270, 403 & 442, Page 10, Section 610.027, Line 16, by inserting after the following: "[purposely]" the following: "knowingly".

On motion of Representative Relford, Part I of House Amendment No. 1 was adopted by the following vote:

House Amendment No. 1

PART II

AMEND House Substitute for House Committee Substitute for House Bill Nos. 237, 270, 403 & 442, Page 10, Section 610.027, Line 19, by deleting the words "twenty-five thousand" and inserting in lieu thereof the following: "two thousand five hundred".

Representative Griesheimer offered House Substitute Amendment No. 1 for Part II of House Amendment No. 1.

Representative Relford raised a point of order that House Substitute Amendment No. 1 for Part II of House Amendment No. 1 is dilatory.

The Chair ruled the point of order well taken.

On motion of Representative Relford, Part II of House Amendment No. 1 was adopted by the following vote:

HCS HBs 237, 270, 403 & 442, with HS, as amended, pending, was laid over.

REFERRAL OF HOUSE BILLS

The following House Bills were referred to the Committee indicated:

HCS HB 26 - Fiscal Review and Government Reform (Fiscal Note)

HB 882 - Miscellaneous Bills & Resolutions

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 (By Consent) HB 111, HB 126, HB 129, HB 157, HB 202, HB 309, HB 431 and HB 801, 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.

INTRODUCTION OF HOUSE BILLS

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

HB 916, introduced by Representative Lawson, relating to the establishment of the Missouri tobacco settlement trust fund.

HB 917, introduced by Representatives Gaskill, Secrest, Kennedy, Moore, Luetkenhaus, Griesheimer, Johnson (90), Dolan, Gambaro, Levin, Boucher, Foley, Portwood, Green (15), Froelker, Carnahan and Villa, et al, relating to a veterans memorial bridge.

HB 918, introduced by Representative Hendrickson, relating to privileged communications.

HB 919, introduced by Representatives Kennedy and Gambaro, relating to jury service.

HB 920, introduced by Representative Skaggs, relating to amusement rides.

HB 921, introduced by Representatives Curls, Thompson, Smith, Williams, Coleman, Shelton, Troupe and Bowman, et al, relating to state payroll checks.

HB 922, introduced by Representatives Gaskill and Bartelsmeyer, relating to annexation by certain cities.

HB 923, introduced by Representatives Wiggins, Relford, Hegeman, Mays (50) and Griesheimer, et al, relating to public water supply districts.

HB 924, introduced by Representatives Wiggins, Kreider, Crump, Foley, Koller, Bowman and Relford, relating to transportation and public infrastructure.

ADJOURNMENT

On motion of Representative Crump, the House adjourned until 10:00 a.m., Tuesday, March 6, 2001.

CORRECTIONS TO THE HOUSE JOURNAL

Correct House Journal, Thirty-fifth Day, Thursday, March 1, 2001, page 536, line 6, by deleting the number "881" and inserting in lieu thereof the number "891".

Pages 538 and 539, roll call, by showing Representative Kelly (27) voting "aye" rather than "absent with leave".

Pages 539 and 540, roll call, by showing Representative Kelly (27) voting "aye" rather than "absent with leave".

Pages 540 and 541, roll call, by showing Representative Kelly (27) voting "aye" rather than "absent with leave".

Pages 541 and 542, roll call, by showing Representative Surface voting "aye" rather than "absent with leave".

Pages 542 and 543, roll call, by showing Representatives Boatright and Cooper voting "aye" rather than "absent with leave".

COMMITTEE MEETINGS

AGRICULTURE

Wednesday, March 7, 2001, 3:00 pm. Hearing Room 7. CORRECTED.

To be considered - HB 522, HB 690, Executive Session - HB 306, Executive Session - HB 308, Executive Session - HB 581

APPROPRIATIONS - TRANSPORTATION

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

Presentations on funding formulas. CANCELLED.

BUDGET

Tuesday, March 6, 2001. Hearing Room 3 upon morning adjournment.

This meeting is for public testimony.

To be considered - HB 14

BUDGET

Wednesday, March 7, 2001, 8:00 am. Hearing Room 3. Executive Session.

Mark-up House Bills 1 through 12.

BUDGET

Wednesday, March 7, 2001. Hearing Room 3 upon morning adjournment.

Executive Session. Mark-up House Bills 1 through 12.

CHILDREN, FAMILIES, AND HEALTH

Tuesday, March 6, 2001, 3:00 pm. Hearing Room 4.

To be considered - HB 478, HB 635, HB 824, HB 834, HB 848

CIVIL AND ADMINISTRATIVE LAW

Wednesday, March 7, 2001, 3:00 pm. Hearing Room 1.

To be considered - HB 626, HB 774, HB 831, HB 847, Executive Session - HB 537,

Executive Session - HB 693

COMMERCE AND ECONOMIC DEVELOPMENT

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

Executive Session may follow. AMENDED.

To be considered - HB 387, HB 447, HB 617, HB 758

CORRECTIONAL & STATE INSTITUTIONS

Tuesday, March 6, 2001, 8:00 pm. Hearing Room 7.

Executive Session will follow.

To be considered - HB 406, HB 439, HB 642, HB 742, HB 808

CRIMINAL LAW

Tuesday, March 6, 2001. Side gallery upon adjournment.

Executive Session.

CRIMINAL LAW

Wednesday, March 7, 2001, 8:00 pm. Hearing Room 7.

To be considered - HB 354, HB 483, HB 513, HB 516, HB 574, HB 582, HB 632

EDUCATION - ELEMENTARY AND SECONDARY

Wednesday, March 7, 2001, 8:30 am. Hearing Room 1.

To be considered - HB 457, HB 725, HB 865, Executive Session - HB 45,

Executive Session - HB 274, Executive Session - HB 322

EDUCATION - HIGHER

Wednesday, March 7, 2001, 3:00 pm. Hearing Room 5.

Executive Session. To be considered - HB 769

ELECTIONS

Tuesday, March 6, 2001, 7:30 pm. Hearing Room 5.

Executive Session to follow.

To be considered - HB 281, HB 282, HB 652, HB 710

ENVIRONMENT AND ENERGY

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

To be considered - HB 868

FISCAL REVIEW AND GOVERNMENT REFORM

Tuesday, March 6, 2001, 8:30 am. Hearing Room 7.

To be considered - HB 50, HB 80, HB 381

INSURANCE

Tuesday, March 6, 2001. Hearing Room 5 upon morning adjournment.

To be considered - HB 644, HB 664, Executive Session - HB 713, Executive Session - HB 798

JOINT COMMITTEE ON ADMINISTRATIVE RULES

Thursday, March 8, 2001, 1:00 pm. Senate Lounge.

Hearing will be held at 1:00 pm. or upon adjournment of both Houses.

Department of Economic Development.

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

LABOR

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

To be considered - HB 587, HB 661, HB 679, Executive Session - HB 63,

Executive Session - HB 64, Executive Session - HB 208, Executive Session - HB 527,

Executive Session - HB 662

LOCAL GOVERNMENT AND RELATED MATTERS

Tuesday, March 6, 2001, 3:00 pm. Hearing Room 7.

Executive Session may follow.

To be considered - HB 615, HB 618, HB 650, HB 655, HB 698, HB 702, HB 726, HB 730,

HB 748, HB 749

MISCELLANEOUS BILLS AND RESOLUTIONS

Wednesday, March 7, 2001, 8:00 am. Hearing Room 6.

Executive Session may follow.

To be considered - HB 86, HCR 24, HJR 11, HR 394, SB 256

MOTOR VEHICLE AND TRAFFIC REGULATIONS

Tuesday, March 6, 2001, 3:00 pm. Hearing Room 1. AMENDED.

To be considered - HB 517, HB 629, HB 709, HB 755, HB 776, HB 788

PROFESSIONAL REGISTRATION AND LICENSING

Wednesday, March 7, 2001, 5:00 pm. Hearing Room 5.

Presentation by Marilyn Williams.

To be considered - HB 154, HB 396, HB 468, HB 469, HB 858, Executive Session - HB 757

PUBLIC SAFETY, LAW ENFORCEMENT AND VETERAN AFFAIRS

Tuesday, March 6, 2001, 8:00 am. Hearing Room 6.

Executive Session may follow. AMENDED.

To be considered - HB 809

SOCIAL SERVICES, MEDICAID AND THE ELDERLY

Tuesday, March 6, 2001, 7:00 pm. Hearing Room 6.

Executive Session will follow.

TANF time limit report from subcommittee and whole committee work session

To be considered - HB 680, HB 715, HB 784

SPECIAL COMMITTEE ON PUBLIC-PRIVATE PARTNERSHIPS

Monday, March 12, 2001, 11:00 am. Hearing Room 1.

MU Sports Arena. CANCELLED.

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

SUBCOMMITTEE ON HIGHER EDUCATION

Wednesday, March 7, 2001, 1:00 pm. Hearing Room 4.

To investigate disclosure of certain information about post-secondary students.

URBAN AFFAIRS

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

To be considered - HB 760, HB 783

WAYS AND MEANS

Tuesday, March 6, 2001, 3:00 pm. Hearing Room 2.

Executive Session will be held first.

To be considered - HB 375, HB 550, HB 643, HB 663, HB 682, HB 741, HB 789, HB 791, HB 803, HB 816, HB 825

HOUSE CALENDAR

THIRTY-SEVENTH DAY, TUESDAY, MARCH 6, 2001

HOUSE BILLS FOR SECOND READING

HB 916 through HB 924

HOUSE BILLS FOR PERFECTION

1 HB 421 - Hoppe

2 HCS HB 237, 270, 403 & 442, with HS, as amended, pending, - Smith

3 HB 185 - Legan

4 HCS HB 738 - Liese

5 HCS HB 107 - Clayton

6 HB 249 - Treadway

7 HCS HB 334 - Davis

8 HCS HB 762 - Barry

9 HCS HB 754, 29, 300 & 505 - Franklin

10 HB 444 - Kreider

11 HB 473, HCA 1 - Robirds

12 HCS HB 327 - Rizzo

HOUSE BILLS FOR PERFECTION - INFORMAL

1 HCS HB 113 - Hickey

2 HCS HB 425 - O'Toole

3 HB 166 - Troupe

4 HB 114 - Hickey

HOUSE BILLS FOR PERFECTION - CONSENT

(March 5, 2001)

1 HB 502 - Ward

2 HB 779 - Barnett

3 HB 409 - Surface

4 HB 452 - Gratz

5 HB 242 - Smith

6 HB 600 - Hosmer

7 HB 607 - Johnson (90)

8 HB 470 - Shields

9 HB 491 - George

HOUSE BILLS FOR THIRD READING

1 HB 80, (Fiscal Review 2-27-01) - Ross

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

3 HS HB 381, (Fiscal Review 3-01-01) - Hoppe

4 HS HB 287 - Williams

5 HCS HB 26, (Fiscal Review 3-5-01) - Wilson (42)

6 HCS HB 194 - Hosmer

7 HB 218 - Farnen

8 HCS HB 265 & 369 - Hosmer

HOUSE BILLS FOR THIRD READING - CONSENT

1 HB 801, E.C. - 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
Missouri House of Representatives