Journal of the House

First Regular Session, 91st General Assembly

THIRTY-EIGHTH DAY, Wednesday, March 7, 2001

Speaker Pro Tem Abel in the Chair.

Prayer by Reverend Rudy Beard.

O Lord, God of our parents and our God, give us the faith to believe in the ultimate triumph of righteousness, no matter how dark the skies may appear. We pray for the bifocals of faith - that we see the hurts and needs of the hour, but also that we are able to see beyond to the patience of God working out His plan in our world.

Help the men and women of this House interpret for our day the motto inscribed on our coins. Make our faith honest by helping us this day to do one thing because You have said, "Do this", or to abstain from some act because You have said, "Thou shalt not".

Bless all who are dealing with illness this day, including Betsy Maher. May our faith be seen in our words and in our works. To You be glory and honor. Amen.

The Pledge of Allegiance to the flag was recited.

The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Jennie May, Sean Koller, Erin Koller, Rebeccah Rayfield, Daniel Rayfield, Cathy Burgard, Melisa Disney, Caleb Lewis, Amber Richards, Blake Long, Joanna Clark, Andy Doran, Jesse Swafford, Lindsey Hoerath, Michelle Lucy, Trevor Estes, Adam Watson and Darin S. Johnson.

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

RESOLUTION

Representative Linton offered House Resolution No. 773.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 758 - Representatives Portwood and Cunningham

House Resolution No. 759 - Representative Lawson

House Resolution No. 760 - Representative Behnen

House Resolution No. 761

through

House Resolution No. 771 - Representatives Gratz and Vogel

House Resolution No. 772 - Representatives Ross and Lograsso

House Resolution No. 774

through

House Resolution No. 776 - Representative Crawford

House Resolution No. 777

through

House Resolution No. 828 - Representative Murphy

House Resolution No. 829 - Representatives Overschmidt and McKenna, et al

House Resolution No. 830

and

House Resolution No. 831 - Representative Moore

House Resolution No. 832 - Representative Bowman

House Resolution No. 833 - Representative Relford

House Resolution No. 834 - Representatives Gratz and Vogel

House Resolution No. 835 - Representative Harlan

SECOND READING OF HOUSE BILLS

HB 925 through HB 928 were read the second time.

SECOND READING OF SENATE BILLS

SB 293, SB 348, SCS SB 352, SB 365 and SB 394 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 HS HCS HBs 237, 270, 403 and 442, begs leave to report it has examined the same and finds it to be truly perfected and that the printed copies thereof furnished the members are correct.

THIRD READING OF HOUSE BILLS - CONSENT

HB 431, relating to health care professionals, was taken up by Representative Barry.

On motion of Representative Barry, HB 431 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 202, relating to transportation districts, was taken up by Representative Rizzo.

On motion of Representative Rizzo, HB 202 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 129, relating to examination of records, was taken up by Representative Van Zandt.

On motion of Representative Van Zandt, HB 129 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 157, relating to marriage licenses, was taken up by Representative Hosmer.

On motion of Representative Hosmer, HB 157 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

PERFECTION OF HOUSE BILL - INFORMAL

HCS HB 425, relating to underground facility safety, was taken up by Representative O'Toole.

Representative O'Toole offered HS HCS HB 425.

Representative Smith offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill No. 425, Page 10, Section 319.024, Line 18, by adding immediately after said line the following:

"3. Every excavator who in a preceding calendar year contacted a Notification Center requesting the location of underground facilities, or contacted an owner or operator of underground facilities, shall in the subsequent year provide in writing to all notification Centers and all owners and operators who the excavator has previously contacted, the excavator's current business address, phone number, facsimile number, and the name of the primary contact.".

Representative Smith moved that House Amendment No. 1 be adopted.

Which motion was defeated by the following vote:

Representative Koller offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill No. 425, Page 6, Section 319.022, Lines 17 to 24 of said page, by deleting all of said lines and inserting in lieu thereof the following:

"operators of other underground facilities [may,] shall be required, on and after January 1, 2003, to participate in [a] the notification center as provided by rule of the commission. Prior to January 1, 2003, owners and operators of underground facilities may continue to participate in existing not-for-profit call centers, or register with the county recorder of deeds as provided in section 319.023."; and

Further amend said bill, Page 7, Section 319.022, Lines 1 to 13 of said page, by deleting all of said lines and inserting in lieu thereof the following:

"2. [A] The notification center shall file with the recorder of deeds, in every county wherein any of the owners and operators which it represents have underground facilities, the name, address and telephone number of the notification center to which telephonic or written inquiries concerning the location of underground facilities may be addressed and a current"; and

Further amend said bill, Page 7, Section 319.022, Line 18 of said page, by inserting immediately after the word "persons" the words "and excavators"; and

Further amend said bill, Page 7, Section 319.022, Lines 20 to 23 of said page, by deleting all of said lines and inserting in lieu thereof the following:

"3. A notification center may charge excavators a reasonable annual fee for the notification services provided to the excavator and shall notify excavators of the availability of the list of participants in the notification center required in subsection 2 of this section.

4. No notification center shall be entitled to receive a fee from owners or operators of underground facilities for a notification of an excavation, where the owner or operator has no underground facilities at the excavation site, as described in the excavator's notification."; and

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

Representative Smith assumed the Chair.

Representative Lograsso offered House Substitute Amendment No. 1 for House Amendment No. 2.

House Substitute Amendment No. 1

for

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill No. 425, Page 6, Section 319.022, Lines 20 - 24, and Page 7, Lines 1 - 6, by deleting all of said section and by inserting in lieu thereof the following:

"319.022

2. On or before January 1, 2003, all owners and operators of underground facilities located within the state who are not members of the notification center must provide the notification center with the names, address and telephone number of the person in their organization that should be contacted by excavators regarding the location of underground facilities. Failure to provide the notification center with such information shall relieve any contractor from liability to the owner and operator of an underground facility, provided such contractor has made appropriate inquiry of the notification center. The notification center may charge a reasonable fee to non-members for the service of providing such information to excavators.".

Speaker Pro Tem Abel resumed the Chair.

Representative Lograsso moved that House Substitute Amendment No. 1 for House Amendment No. 2 be adopted.

Which motion was defeated.

Representative Monaco assumed the Chair.

Representative Ballard requested a division of the question on House Amendment No. 2.

House Amendment No. 2

PART I

AMEND House Substitute for House Committee Substitute for House Bill No. 425, Page 6, Section 319.022, Lines 17 to 24 of said page, by deleting all of said lines and inserting in lieu thereof the following:

"operators of other underground facilities [may,] shall be required, on and after January 1, 2003, to participate in [a] the notification center as provided by rule of the commission. Prior to January 1, 2003, owners and operators of underground facilities may continue to participate in existing not-for-profit call centers, or register with the county recorder of deeds as provided in section 319.023."; and

Further amend said bill, Page 7, Section 319.022, Lines 1 to 13 of said page, by deleting all of said lines and inserting in lieu thereof the following:

"2. [A] The notification center shall file with the recorder of deeds, in every county wherein any of the owners and operators which it represents have underground facilities, the name, address and telephone number of the notification center to which telephonic or written inquiries concerning the location of underground facilities may be addressed and a current"; and

Further amend said bill, Page 7, Section 319.022, Line 18 of said page, by inserting immediately after the word "persons" the words "and excavators"; and

Further amend said bill, Page 7, Section 319.022, Lines 20 to 23 of said page, by deleting all of said lines and inserting in lieu thereof the following:

"3. A notification center may charge excavators a reasonable annual fee for the notification services provided to the excavator and shall notify excavators of the availability of the list of participants in the notification center required in subsection 2 of this section.".

Representative Koller moved that Part I of House Amendment No. 2 be adopted.

Which motion was defeated by the following vote:

House Amendment No. 2

PART II

AMEND House Substitute for House Committee Substitute for House Bill No. 425, Page 7, Section 319.022, Lines 20 to 23 of said page, by deleting all of said lines and inserting in lieu thereof the following:

"4. No notification center shall be entitled to receive a fee from owners or operators of underground facilities for a notification of an excavation, where the owner or operator has no underground facilities at the excavation site, as described in the excavator's notification."; and

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

Representative Koller moved that Part II of House Amendment No. 2 be adopted.

Which motion was defeated by the following vote:

Representative Rizzo offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bill No. 425, Page 24, Section 319.041, Line 16, by inserting after the figure "319.026" the following:

"and the excavator had no knowledge of any underground facilities. After January 1, 2003, if an excavator has actual knowledge of underground facilities, the excavator shall be liable to the owner or operator of the underground facilities for the actual cost of repairs of such facilities, even if the excavator has provided notice pursuant to section 319.026 and the owner or operator failed to participate in a notification center. Actual knowledge of underground facilities shall be imputed to the excavator when the owner or operator of underground facilities is the sole provider of a utility service in the land section where the excavation is being conducted".

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

Which motion was defeated.

Representative Merideth offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for House Bill No. 425, Page 1, In the Title, Line 7, by deleting the word "twelve" and inserting in lieu thereof "thirteen"; and

Further amend said bill, Page 8, Section 319.023, Lines 16 and 17, by deleting said lines; and

Further amend said bill, Page 27, Line 13, by inserting immediately after said line the following:

"319.051. The provisions of section 319.022 and 319.025 through 319.045 shall not apply to owners and operators of underground facilities, except underground pipeline facilities, to the extent that such facilities are located outside the boundaries of metropolitan statistical areas as defined by the most recent United States Decennial Census.".

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

Which motion was defeated by the following vote:

HCS HB 425, with HS, pending, was laid over.

COMMITTEE REPORTS

Committee on Commerce and Economic Development, Chairman Rizzo reporting:

Mr. Speaker: Your Committee on Commerce and Economic Development, to which was referred HB 189, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Correctional and State Institutions, Chairman Gratz reporting:

Mr. Speaker: Your Committee on Correctional and State Institutions, to which was referred HB 361, 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 642, 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 742, 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 808, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Public Safety, Law Enforcement and Veteran Affairs, Chairman Boucher reporting:

Mr. Speaker: Your Committee on Public Safety, Law Enforcement and Veteran Affairs, to which was referred HB 732, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

INTRODUCTION OF HOUSE BILLS

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

HB 929, introduced by Representative Hosmer, relating to DNA evidence.

HB 930, introduced by Representatives Hollingsworth, McKenna, Wagner, Selby and Johnson (90), relating to county planning and zoning.

HB 931, introduced by Representative Sanders Brooks, relating to centralized state employee disqualification list.

HB 932, introduced by Representatives Gratz and Vogel, relating to registration with the selective service system.

HB 933, introduced by Representative Reid, relating to the state sales tax.

HB 934, introduced by Representative Graham, relating to teacher and school employee retirement.

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 SB 148, entitled:

An act to repeal sections 21.250 and 116.050, RSMo 2000, relating to powers of the general assembly, and to enact in lieu thereof three new sections 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 SB 179, entitled:

An act to repeal section 443.851, RSMo 2000, relating to mortgage brokers, 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 SB 223, entitled:

An act to repeal section 556.046, RSMo 2000, relating to criminal procedure, 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 264, entitled:

An act to repeal sections 104.312 and 104.1051, RSMo 2000, relating to judicial division of benefits, and to enact in lieu thereof two new sections 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 270, entitled:

An act to amend chapter 536, RSMo, by adding thereto one new section relating to administrative law judges, with an effective date.

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 288, entitled:

An act to repeal sections 351.120, 351.220, 351.268, 351.410, 351.415, 351.435, 351.440, 351.458, 351.478 and 351.482, RSMo 2000, relating to corporations, and to enact in lieu thereof ten new sections 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 SB 366, entitled:

An act to repeal sections 288.032, 288.034 and 288.100, RSMo 2000, relating to the correction of certain statutory cross-references in chapter 288 of the revised statutes of Missouri, and to enact in lieu thereof three new sections 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 SB 370, entitled:

An act to repeal sections 456.012, 456.013, 456.700, 456.710, 456.720, 456.730, 456.740, 456.750, 456.760, 456.770, 456.780, 456.790, 456.800, 456.810, and 456.820, RSMo 2000, relating to trusts and estates, and to enact in lieu thereof thirty-five new sections 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 SB 380, entitled:

An act to repeal section 288.090, RSMo 2000, relating to the implementation of the industrial classification system for determination of employer unemployment contributions, 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 290, entitled:

An act to repeal sections 86.370, 86.447, 86.450, 86.457, 86.463, 86.483, 86.600, 86.620, 86.675, 86.690, 86.750 and 86.780, RSMo 2000, relating to police relief and pension systems, and to enact in lieu thereof thirteen new sections relating to the same subject, with penalty provisions.

In which the concurrence of the House is respectfully requested.

COMMITTEE CHANGES

The Speaker submitted the following Committee changes:

Representative Relford is no longer a member of the Joint Committee on Correctional Institutions.

Representative Koller has been appointed a member of the Joint Committee on Correctional Institutions.

ADJOURNMENT

On motion of Representative Crump, the House adjourned until 10:00 a.m., Thursday, March 8, 2001.

CORRECTIONS TO THE HOUSE JOURNAL

Correct House Journal, Thirty-seventh Day, Tuesday, March 6, 2001, page 584, roll call, by showing Representatives Copenhaver and Henderson voting "aye" rather than "absent with leave".

Pages 584 and 585, roll call, by showing Representatives Hunter and Miller voting "aye" rather than "absent with leave".

Pages 585 and 586, roll call, by showing Representatives Coleman and Crawford voting "aye" rather than "absent with leave".

Pages 590 and 591, roll call, by showing Representative Kelley (47) voting "no" rather than "absent with leave".

COMMITTEE MEETINGS

BUDGET

Thursday, March 8, 2001, 8:00 am. Hearing Room 3.

FY 2002 appropriation mark-up. House Bill 1 through House Bill 12.

Executive Session.

BUDGET

Thursday, March 8, 2001. Hearing Room 3 upon morning adjournment.

FY 2002 appropriation mark-up. House Bill 1 through House Bill 12.

Executive Session.

BUDGET

Monday, March 12, 2001, 12:00 pm. Hearing Room 3.

FY 2002 appropriation mark-up. House Bill 1 through House Bill 12.

Executive Session.

CHILDREN, FAMILIES, AND HEALTH

Thursday, March 8, 2001. Hearing Room 1 upon adjournment.

Executive Session.

To be considered - HB 106, HB 279, HB 478, HB 824, HB 834, HB 848

COMMERCE AND ECONOMIC DEVELOPMENT

Tuesday, March 13, 2001. Hearing Room 6 upon morning adjournment.

Executive Session may follow.

To be considered - HB 837

CRITICAL ISSUES, CONSUMER PROTECTION AND HOUSING

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

Executive Session may follow.

To be considered - HB 564, HB 610

ENVIRONMENT AND ENERGY

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

Executive Session may follow.

To be considered - HB 868

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.

JOINT COMMITTEE ON ECONOMIC DEVELOPMENT

Thursday, March 8, 2001, 9:00 am. Hearing Room 1. AMENDED.

Executive Session may follow. Enterprise zones.

Nevada, part of Vernon Co., Cape/Scott City.

LABOR

Thursday, March 8, 2001. Side gallery upon adjournment.

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

Executive Session - HB 679

MOTOR VEHICLE AND TRAFFIC REGULATIONS

Thursday, March 8, 2001, 9:30 am. Side gallery. AMENDED.

To be considered - Executive Session - HB 477, Executive Session - HB 691,

Executive Session - HB 692, Executive Session - HB 709, Executive Session - HB 788

SPECIAL COMMITTEE ON PUBLIC-PRIVATE PARTNERSHIPS

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

MU Sports Arena. CANCELLED.

SPECIAL COMMITTEE ON PUBLIC-PRIVATE PARTNERSHIPS

Monday, March 26, 2001, 1:00 pm. Hearing Room 3.

MU Sports Arena, Jordan Valley Park.

UTILITIES REGULATION

Thursday, March 8, 2001, 8:15 am. Hearing Room 6.

House Bill 676 opponents.

To be considered - HB 102, HB 521

HOUSE CALENDAR

THIRTY-NINTH DAY, THURSDAY, MARCH 8, 2001

HOUSE BILLS FOR SECOND READING

HB 929 through HB 934

HOUSE BILLS FOR PERFECTION

1 HB 185 - Legan

2 HCS HB 738 - Liese

3 HCS HB 107 - Clayton

4 HB 249 - Treadway

5 HCS HB 334 - Davis

6 HCS HB 762 - Barry

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

8 HB 444 - Kreider

9 HB 473, HCA 1 - Robirds

10 HCS HB 327 - Rizzo

11 HB 321 - Skaggs

12 HB 453 - Ransdall

13 HB 501 - Bowman

14 HB 314 - Nordwald

HOUSE BILLS FOR PERFECTION - INFORMAL

1 HCS HB 113 - Hickey

2 HCS HB 425, HS, pending, - O'Toole

3 HB 166 - Troupe

4 HB 114 - Hickey

5 HB 421 - Hoppe

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 - Ross

2 HCS HB 50, E.C. - 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

9 HS HCS HB 237, 270, 403 & 442 - Smith

SENATE BILLS FOR SECOND READING

1 SB 148

2 SB 179

3 SB 223

4 SCS SB 264

5 SCS SB 270

6 SB 288

7 SCS SB 290

8 SB 366

9 SB 370

10 SB 380
Missouri House of Representatives