Journal of the House

First Regular Session, 91st General Assembly

FIFTIETH DAY, Tuesday, April 3, 2001

Speaker Kreider in the Chair.

Prayer by Father David Buescher.

The Hebrew Scriptures say, "Holiness befits Your House, O Lord, for length of days."

Please, God, may those words echo true in this House. We don't need the pious kind of holiness which looks clean and sanitary, but the deep holiness of men and women pursuing life, health, happiness, and wholeness for the citizens of this state.

On these walls are personified the virtues which make for that wholeness. May those virtues form and inform this day's decisions and the souls of these representatives. So may it be, God. 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: Jackie Nott, Taressa Cade, Owen Reid, Melle Robinson, Tabitha Burge, Alyssa Kincaid, Carl Knox, Clayton Williams, Daniel Vargas, Kim Kerr, Amanda Balabon, Larry Culbertson, Erin Underwood, Patrick Woods, Megan Mueller, Chris Hilliard, Heather Kitrel, Anthony Lyons, Nichole Fluegge, Sarah Hulsey, Mayann Che, Michael Thacker, Doug Wood, Julia Stepp, Natalie Bailey, Amy Ezell, Scott Pummill and Katie Weaver.

The Journal of the forty-ninth day was approved as corrected by the following vote:

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1066 - Representative Holt

House Resolution No. 1067

and

House Resolution No. 1068 - Representative Ridgeway

House Resolution No. 1069

and

House Resolution No. 1070 - Representative Purgason

House Resolution No. 1071 - Representatives Hollingsworth and McKenna

COMMITTEE REPORT

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

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HB 471 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

Representative Coleman assumed the Chair.

Speaker Pro Tem Abel assumed the Chair.

THIRD READING OF HOUSE BILLS - CONSENT

HB 796, relating to labeling of drugs and devices, was taken up by Representative Hosmer.

On motion of Representative Hosmer, HB 796 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

Representative Bowman assumed the Chair.

Speaker Pro Tem Abel resumed the Chair.

HB 816, relating to tax refunds, was taken up by Representative Kennedy.

On motion of Representative Kennedy, HB 816 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 644, relating to nonprobate transfers, was placed on the Informal Calendar.

Representative Bowman resumed the Chair.

Speaker Pro Tem Abel resumed the Chair.

HB 52, relating to prosecutors, was taken up by Representative Ward.

On motion of Representative Ward, HB 52 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

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 SS SB 14, entitled:

An act to repeal section 221.425, RSMo 2000, relating to authorizing a sales tax for regional jail districts and associated court facilities, and to enact in lieu thereof two new sections relating to the same subject, with an expiration 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 SS #2 SCS SBs 39 & 269, entitled:

An act to repeal section 537.675, RSMo 2000, relating to judicial and administrative procedures, and to enact in lieu thereof seven 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 50, entitled:

An act to repeal section 21.183, RSMo 2000, relating to 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 97, entitled:

An act to repeal sections 160.400, 160.405 and 160.415, RSMo, relating to the department of elementary and secondary education, and to enact in lieu thereof six new sections relating to the same subject, with an emergency clause.

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 130, entitled:

An Act to amend chapter 311, RSMo, by adding thereto one new section relating to liquor control.

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 SS SB 220, entitled:

An act to repeal sections 28.600, 28.603, 28.606, 28.609, 28.612, 28.615, 28.618, 28.621, 28.624, 28.627, 28.630, 28.633, 28.636, 28.639, 28.642, 28.645, 28.648, 28.651, 28.654, 28.657, 28.660, 28.663, 28.666, 28.669, 28.672, 28.675, and 28.678, RSMo 2000, and section 28.681 as enacted by senate bill 680 during the second regular session of the eighty-ninth general assembly, relating to the uniform electronic transactions act, and to enact in lieu thereof seventeen 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 317, entitled:

An act to repeal sections 700.015, 700.025, 700.045, 700.050, 700.090 and 700.100, RSMo 2000, relating to housing, and to enact in lieu thereof fourteen new sections relating to the same subject, with penalty provisions.

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 319, entitled:

An act to repeal section 160.518, RSMo 2000, and to enact in lieu thereof one new section relating to assessment of students for whom English is a second language.

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 381, entitled:

An act to amend chapter 431, RSMo, by adding thereto one new section relating to contracts.

In which the concurrence of the House is respectfully requested.

On motion of Representative Crump, the House recessed until 2:00 p.m.

AFTERNOON SESSION

The hour of recess having expired, the House was called to order by Speaker Kreider.

The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Jordan Young, Josh Blackford, Matt Jasinski, Emily Giffin, Jessica Baker, Brandi Burch and Valerie Strueby.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1072

through

House Resolution No. 1085 - Representative Levin

House Resolution No. 1086 - Representative Riback Wilson (25)

House Resolution No. 1087 - Representative Moore

House Resolution No. 1088 - Representative Treadway

House Resolution No. 1089 - Representative Moore

House Resolution No. 1090 - Representative Ladd Baker

Representative Bowman resumed the Chair.

THIRD READING OF HOUSE BILLS - CONSENT

Speaker Pro Tem Abel resumed the Chair.

HB 498, relating to third class cities, was taken up by Representative Wagner.

Representative Wagner moved that HB 498 be read the third time and passed.

Which motion was defeated by the following vote:

Representative Gratz assumed the Chair.

Representative Ransdall assumed the Chair.

Speaker Pro Tem Abel resumed the Chair.

HB 704, relating to liens on real property, was taken up by Representative Gambaro.

On motion of Representative Gambaro, HB 704 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 922, relating to annexation, was placed on the Informal Calendar.

HB 951, relating to conveyance in Cole County, was taken up by Representative Gratz.

On motion of Representative Gratz, HB 951 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 596, relating to planned industrial expansion authority, was taken up by Representative Kennedy.

On motion of Representative Kennedy, HB 596 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

Representative Harding assumed the Chair.

Speaker Pro Tem Abel resumed the Chair.

HB 745, relating to unclaimed property, was taken up by Representative Farnen.

On motion of Representative Farnen, HB 745 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

Representative Harding resumed the Chair.

HB 909, relating to conveyance in Lafayette County, was taken up by Representative Davis.

On motion of Representative Davis, HB 909 was read the third time and passed by the following vote:

Representative Harding declared the bill passed.

Speaker Pro Tem Abel resumed the Chair.

Representative Harding resumed the Chair.

HB 945, relating to juror compensation, was taken up by Representative Hosmer.

On motion of Representative Hosmer, HB 945 was read the third time and passed by the following vote:

Representative Harding declared the bill passed.

RE-REFERRAL OF HOUSE BILL

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

HB 866 - Public Safety, Law Enforcement and Veteran Affairs

MESSAGE 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 SS SCS SB 267, entitled:

An act to repeal sections 43.503, 56.085, 67.133, 210.140, 287.610, 303.025, 452.556, 455.040, 476.010, 478.610, 479.150, 482.330, 483.500, 487.020, 488.426, 488.445, 488.607, 488.5336, 490.130, 491.300, 494.410, 508.190, 534.070, 550.120, 565.030, 574.075, 575.200 and 610.105, RSMo 2000, section 303.041 as enacted by senate substitute for house substitute for house committee substitute for house bill no. 1797, ninetieth general assembly, second regular session and section 303.041 as enacted by conference committee substitute for house substitute for senate substitute for senate committee substitute for senate bill no. 19, ninetieth general assembly, first regular session, relating to court procedures, and to enact in lieu thereof thirty-seven new sections relating to the same subject, with penalty provisions.

In which the concurrence of the House is respectfully requested.

ADJOURNMENT

On motion of Representative Crump, the House adjourned until 10:00 a.m., Wednesday, April 4, 2001.

CORRECTIONS TO THE HOUSE JOURNAL

Correct House Journal, Forty-ninth Day, Monday, April 2, 2001, pages 910 and 911, roll call, by showing Representatives Koller and Levin voting "aye" rather than "absent with leave".

Page 913, roll call, by showing Representative Dempsey voting "no" rather than "absent with leave".

Page 913, roll call, by showing Representative Surface voting "aye" rather than "absent with leave".

COMMITTEE MEETINGS

AGRICULTURE

Wednesday, April 4, 2001. Hearing Room 7 upon morning adjournment.

Executive Session to follow. Presentation by FAPRI.

To be considered - HB 31, HB 601, HB 941

BUDGET

Wednesday, April 4, 2001. Hearing Room 3 upon morning adjournment.

Possible Executive Session.

To be considered - HB 14

CIVIL AND ADMINISTRATIVE LAW

Wednesday, April 4, 2001. Hearing Room 1 upon morning adjournment.

Executive Session may follow.

To be considered - SB 72, SB 87, SB 370

CONSERVATION, STATE PARKS AND MINING

Wednesday, April 4, 2001, 8:30 am. Hearing Room 1.

To be considered - SCR 13

CRIMINAL LAW

Wednesday, April 4, 2001, 8:00 pm. Hearing Room 7.

Executive Session may follow.

To be considered - HB 1012, SB 36, SB 223

EDUCATION - ELEMENTARY AND SECONDARY

Wednesday, April 4, 2001, 8:30 am. Hearing Room 3.

To be considered - HB 305, HB 326, HB 903, HB 926, Executive Session - HB 128,

Executive Session - HB 199, Executive Session - HB 637, Executive Session - HJR 18

FISCAL REVIEW AND GOVERNMENT REFORM

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

(Fiscal Note).

To be considered - HB 612, HB 824

MISCELLANEOUS BILLS AND RESOLUTIONS

Wednesday, April 4, 2001, 8:00 am. Hearing Room 6. AMENDED.

To be considered - HB 532, HB 1007, SB 203, SB 416, SCR 6, SCR 10, SCR 20

MISSOURI TOBACCO SETTLEMENT

Wednesday, April 4, 2001, 8:00 am. Hearing Room 7.

To be considered - HB 888, HB 916, HB 942, HB 943, HJR 17

PUBLIC SAFETY, LAW ENFORCEMENT AND VETERAN AFFAIRS

Wednesday, April 4, 2001. Side gallery upon morning adjournment.

To be considered - Executive Session - SB 26, Executive Session - SB 224

RETIREMENT

Wednesday, April 11, 2001, 8:00 pm. Hearing Room 1.

Executive Session following hearing.

To be considered - HB 519, SB 316

SOCIAL SERVICES, MEDICAID AND THE ELDERLY

Tuesday, April 10, 2001, 7:00 pm. Hearing Room 6.

Presentation by DFS on Child Care.

To be considered - HB 877, HB 987, SB 236, SB 449

SPECIAL COMMITTEE ON PUBLIC-PRIVATE PARTNERSHIPS

Wednesday, April 4, 2001. Side gallery upon morning adjournment.

To be considered - Executive Session - HCR 25

SUBCOMMITTEE ON LEGISLATIVE RESEARCH & OVERSIGHT

Wednesday, April 4, 2001, 12:30 pm. Senate Committee Room 2.

Challenge Fiscal Note. AMENDED.

To be considered - HB 512, HB 550, SB 318

SUBCOMMITTEE ON REDISTRICTING FOR CONGRESSIONAL DISTRICTS 4,5,6,7,8,9

Thursday, April 5, 2001, 5:00 pm. Pulaski County Courthouse, Waynesville.

Public Hearing on Congressional Redistricting.

SUBCOMMITTEE ON REDISTRICTING FOR CONGRESSIONAL DISTRICTS 4,5,6,7,8,9

Friday, April 6, 2001, 12:00 pm.

SMS University Alumni Center, 300 S. Jefferson, 1st Floor Hospitality Room.

Public hearing on Congressional Redistricting.

SUBCOMMITTEE ON REDISTRICTING FOR CONGRESSIONAL DISTRICTS 4,5,6,7,8,9

Monday, April 9, 2001, 7:00 pm. Audrain County Courthouse, Commissioner's Offices.

Public hearing on Congressional Redistricting.

SUBCOMMITTEE ON REDISTRICTING FOR CONGRESSIONAL DISTRICTS 4,5,6,7,8,9

Thursday, April 12, 2001, 5:30 pm. Penn Valley Community College, Room 503.

Public hearing on Congressional Redistricting.

TOURISM, RECREATION AND CULTURAL AFFAIRS

Monday, April 9, 2001, 8:00 pm. Hearing Room 7.

Executive Session may follow.

To be considered - HB 984, SB 365

TRANSPORTATION

Wednesday, April 4, 2001. Hearing Room 6 upon morning adjournment.

To be considered - HB 917, HJR 16, SB 244

URBAN AFFAIRS

Tuesday, April 10, 2001, 8:00 pm. Hearing Room 1.

To be considered - HB 963, HB 1011, HJR 19, SB 4, SB 76, SB 290, SB 383

UTILITIES REGULATION

Thursday, April 5, 2001, 8:15 am. Hearing Room 6.

Work session to follow. Executive Session may follow.

To be considered - HB 778, SCR 18

HOUSE CALENDAR

FIFTY-FIRST DAY, WEDNESDAY, APRIL 4, 2001

HOUSE JOINT RESOLUTION FOR PERFECTION

HCS HJR 15 & 13 - Crawford

HOUSE BILLS FOR PERFECTION - APPROPRIATIONS

1 HCS HB 13 - Bonner

2 HCS HB 18 - Green (73)

3 HCS HB 19 - Green (73)

HOUSE BILLS FOR PERFECTION

1 HCS HB 924, 714, 685, 756, 734 & 518 - Wiggins

2 HCS HB 457, HA 2, as amended, tabled - Kreider

3 HB 349 - Hosmer

4 HCS HB 835, 90, 707, 373, 641, 510, 516 & 572 - Britt

5 HB 286, HCA 1 & HCA 2 - Smith

6 HCS HB 280, 69, 497 & 689 - Hoppe

7 HB 527 - Luetkenhaus

8 HB 736 - Liese

9 HB 366 - Champion

10 HB 678 - Seigfreid

11 HB 436 - Merideth

12 HCS HB 472 - Burton

13 HCS HB 488 - Koller

14 HB 592 - Williams

15 HCS HB 660 - Hagan-Harrell

16 HB 555 - Foley

17 HCS HB 426 - O'Toole

18 HCS HB 831 - Carnahan

19 HCS HB 428 - Kelly (36)

20 HCS HB 593 - Riback Wilson (25)

21 HCS HB 170 - Froelker

22 HCS HB 239 - Smith

HOUSE BILLS FOR PERFECTION - INFORMAL

1 HCS HB 113 - Hickey

2 HB 882 - Crump

3 HB 891 - Smith

HOUSE CONCURRENT RESOLUTIONS FOR ADOPTION AND THIRD READING

1 HCR 4, (3-26-01, pages 799 & 800) - Williams

2 HCR 10, (3-27-01, page 830) - Holand

3 HCR 12, (3-29-01, page 894) - Haywood

4 HCR 24, (3-29-01, pages 891 & 892) - Boucher

5 HCR 5, (3-29-01, pages 892 & 893) - Mays (50)

6 HCR 6, (3-29-01, page 890) - Myers

HOUSE JOINT RESOLUTION FOR THIRD READING

HS HJR 11 - Gambaro

HOUSE BILLS FOR THIRD READING

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

2 HS HCS HB 762 - Barry

3 HCS HB 106 - Johnson (61)

4 HB 471 - Jolly

5 HCS HB 274, E.C. - Shields

6 HB 662 - Green (73)

7 HB 70 - Koller

8 HB 120 - O'Connor

9 HCS HB 533 & 724 - Johnson (90)

10 HB 915, E.C. (Fiscal Review 4-2-01) - Graham

11 HS HB 612, (Fiscal Review 4-2-01) - Ladd Baker

12 HS HCS HB 824, (Fiscal Review 4-2-01) - Abel

13 HCS HB 581 - Ridgeway

14 HB 679 - Boykins

HOUSE BILLS FOR THIRD READING - CONSENT

1 HB 897 - Kreider

2 HB 606 - Kennedy

3 HB 955 - Green (73)

4 HB 410 - Holt

5 HB 402 - Boucher

6 HB 84 - Richardson

7 HB 954 - Hosmer

8 HB 825 - Kennedy

9 HB 881 - Scott

10 HB 408 - Kelley (47)

11 HB 933 - Reid

12 HB 904 - Merideth

HOUSE BILLS FOR THIRD READING - CONSENT - INFORMAL

1 HB 805 - Mayer

2 HB 821 - Hosmer

3 HB 644 - Burton

4 HB 922 - Gaskill

SENATE BILLS FOR SECOND READING

1 SS SB 14

2 SS#2 SCS SB 39 & 269

3 SB 50

4 SB 97

5 SCS SB 130

6 SS SB 220

7 SS SCS SB 267

8 SCS SB 317

9 SB 319

10 SB 381

BILL IN CONFERENCE

SCS HCS HB 15 - Green (73)

HOUSE RESOLUTIONS

1 HR 152, (3-1-01, page 557) - Harlan

2 HR 394, (3-28-01, page 871) - Hendrickson

3 HR 537, (3-1-01, page 557) - Williams

4 HR 223, (3-1-01, page 557) - Williams

Missouri House of Representatives