Journal of the House

First Regular Session, 91st General Assembly

FIFTY-FIRST DAY, Wednesday, April 4, 2001

Speaker Kreider in the Chair.

Prayer by Reverend Rudy Beard.

Gracious God: When we are perplexed, but must do something, help us not only to ask "Will it work?", but also to ask "Is it right?". Bless these men and women of the House, and those who support them. Protect them from asking the wrong questions as they govern our state. Keep them supportive of life and sensitive to the most needy among us.

May they know that You are near and if they will listen they will find Your gracious guidance. Help us to wait upon You; and 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: Danyelle Meyer, Chelsea Crofford, Devin Hopkins, Gabrielle Kniery, Jessica Bennett, Kyle Cupp, Maggie Brown, Clark Downing, Andrea Rosa, Austin Kings, Aerial Smith, Tommy Gillispie, Cassi Packham, Bryan Wilson, Nicholas Hill, Brandon Norris, Tamara Arredondo, William Hoverder, Courtney Torres, Matthew Walterbach, Alec Feloges, Sage Feloges, David Danaher, Andrew Gieselmann, Joy Ming, Mercedes O'Bryant, Jeffrey Marshall and Sean Funcik.

The Journal of the fiftieth day was approved as corrected by the following vote:

Speaker Pro Tem Abel assumed the Chair.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1091 - Representative Jetton

House Resolution No. 1092 - Representative Britt

House Resolution No. 1093 - Representative Burcham

House Resolution No. 1094

through

House Resolution No. 1107 - Representative Levin

House Resolution No. 1108 - Representative Bonner

House Resolution No. 1109 - Representatives Bonner and Monaco

House Resolution No. 1110

and

House Resolution No. 1111 - Representative Farnen

SECOND READING OF SENATE BILLS

SS SB 14, SS #2 SCS SBs 39 & 269, SB 50, SB 97, SB 130, SS SB 220, SS SCS SB 267, SCS SB 317, SB 319, and SB 381 were read the second time.

Speaker Kreider resumed the Chair.

THIRD READING OF HOUSE BILLS - CONSENT

HB 955, relating to medicaid hospital reimbursement, was taken up by Representative Green (73).

On motion of Representative Green (73), HB 955 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

HB 606, relating to recorders of deeds, was taken up by Representative Kennedy.

Representative Crump moved the previous question.

Which motion was adopted by the following vote:

On motion of Representative Kennedy, HB 606 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

THIRD READING OF HOUSE BILL

HS HCS HB 762, relating to women's health services, was taken up by Representative Barry.

Representative Crump moved the previous question.

Which motion was adopted by the following vote:

On motion of Representative Barry, HS HCS HB 762 was read the third time and passed by the following vote:

Speaker Kreider 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 SJR 9, entitled:

Submitting to the qualified voters of Missouri, an amendment repealing sections 31, 32(a) and 32(b) of article VI of the Constitution of Missouri relating to the city of St. Louis, and adopting four new sections in lieu thereof 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 adopted SCR 23, entitled:

SENATE CONCURRENT RESOLUTION NO. 23

WHEREAS, the current crisis in the domestic steel industry which began in 1997 has led fourteen steel companies to file for bankruptcy, and now led to the bankruptcy of GS Industries and the announced closure of GST Steel in Kansas City which will cause job losses at GST and for vendors around the state resulting in hardship in those communities across the state of Missouri; and

WHEREAS, this crisis has been generated by surges in United States imports of steel, both from countries whose currencies have depreciated and from steel producing countries that are no longer able to export steel to the countries in economic crisis; and

WHEREAS, foreign government trade restrictions and private restraints of trade distort international trade and investment patterns and result in burdens on United States commerce, including absorption of a disproportionate share of diverted steel trade, which ultimately have a detrimental effect on this state's economy; and

WHEREAS, there is a well-recognized need for improvements in the enforcement of United States trade laws to provide an effective response to these situations:

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 requests the President of the United States to commence immediate action to determine the entry into the customs territory of the United States of all steel products that are the product of or manufactured in Australia, China, South Africa, Ukraine, Kazakhstan, Indonesia, India, Japan, Russia, South Korea, Mexico or Brazil to determine whether the governments of those countries are abiding by the spirit and letter of international trade agreements with respect to imports of steel products into the United States, and take all actions necessary to enforce applicable trade agreements and laws of the United States pertaining to steel imports; and

BE IT FURTHER RESOLVED that the Missouri General Assembly requests the President of the United States to immediately impose a one-year ban on imports of all steel products of or are manufactured in Australia, China, South Africa, Ukraine, Kazakhstan, Indonesia, India, Japan, Russia, South Korea, Mexico or Brazil if the President finds that the governments of those countries are not abiding by the spirit and letter of international trade agreements with respect to imports of steel products into the United States; and

BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for the President of the United States and the members of the Missouri Congressional delegation.

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 27, entitled:

SENATE CONCURRENT RESOLUTION NO. 27

WHEREAS, it is in the best interest of the State of Missouri, as an employer, to recruit and retain a high performance workforce; and

WHEREAS, the State of Missouri has established a benefits policy that encourages employees to continue in state employment with a career goal of 30 years of state service; and

WHEREAS, the State of Missouri has adopted specific benefit incentives associated with achieving this objective, which include:

a) Creating a comprehensive benefits package that is externally competitive with the marketplace, and that is internally equitable;

b) Implementing a benefits package that provides employees with options for meeting their individual and family needs, and yet assures that basic levels of health care coverage will be maintained;

c) Ensuring equitable employer contributions for health care coverage for all state employees, retirees and dependents that assures high quality care in a cost-effective manner; and

d) Allowing career state employees to maintain a reasonable standard of living at retirement; and

WHEREAS, achieving benefit equity and adequacy in the retiree health care area necessitates a subsidy which is dependent upon the length of state service rendered by former employees; and

WHEREAS, such state subsidy for retiree medical coverage would ensure that quality health care services are available to both the highest and lowest paid former employees:

NOW THEREFORE BE IT RESOLVED by the Missouri Senate, the House of Representatives concurring therein, that the State of Missouri hereby wishes to reward employees who make a career of state service through equitable retiree health care subsidies; and

BE IT FURTHER RESOLVED that, within the constraints of the available appropriations, the state contribution for medical coverage for retirees should be based upon a formula that has a direct relationship between the amount of the state subsidy and each retiree's length of service with the state, provided that any subsidy for retiree dependent coverage should be based upon a similar formula, but should not exceed the average state subsidy provided for dependents of active employees; and

BE IT FURTHER RESOLVED that former state employees who retired prior to the effective date of this policy may receive a state subsidy, depending on Medicare eligibility and available appropriations, of no less than the dollar amount subsidy resulting from the amount appropriated to the plan for calendar year 2001; and

BE IT FURTHER RESOLVED that it is recommended that the health care coverage for state retirees be based upon a service-based subsidy rate formula subject to available appropriations and is consistent with the goals that are established in the state's retirement plans.

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 SCS SB 48, entitled:

An act to repeal sections 210.900, 210.903, 210.906, 210.909, 210.915, 210.921, 210.927, 210.930 and 210.936, RSMo 2000, relating to dependent care, and to enact in lieu thereof nine 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 SS SB 193, entitled:

An act to repeal sections 148.400, 375.012, 375.014, 375.016, 375.017, 375.018, 375.019, 375.020, 375.021, 375.022, 375.025, 375.027, 375.031, 375.033, 375.035, 375.037, 375.039, 375.046, 375.051, 375.061, 375.065, 375.071, 375.076, 375.081, 375.082, 375.086, 375.091, 375.096, 375.101, 375.106, 375.116, 375.121, 375.136, 375.141, 375.142, 375.158, 379.356, and 384.043, RSMo 2000, and to enact in lieu thereof twenty-nine new sections relating to insurance producers, with penalty provisions and an effective date for certain sections.

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 266, entitled:

An act to amend chapter 192, RSMo, by adding thereto one new section relating to a state systemic lupus erythematosus program in the department of health.

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 339, entitled:

An act to repeal sections 34.140 and 313.835, RSMo 2000, relating to veterans, and to enact in lieu thereof two new sections relating to the same subject, 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 passed SCS SB 374, entitled:

An act to amend chapter 643, RSMo, by adding thereto one new section relating to emissions banking and trading.

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 392, entitled:

An act to repeal section 135.230, RSMo 2000, relating to tax credits for new business facilities within enterprise zones, 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 400, entitled:

An act to repeal sections 407.815, 407.816, 407.820, 407.822 and 407.825, RSMo 2000, relating to motor vehicle franchise practices, 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 540, entitled:

An act to repeal section 39.091, RSMo 2000, relating to motor vehicle records, 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 542, entitled:

An act to repeal section 307.100, RSMo 2000, relating to the use of warning signals on motor vehicles, 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 SRB 606, entitled:

An act to repeal sections 72.424, 141.265, 142.027, 208.453, 208.455, 208.457, 208.459, 208.461, 208.463, 208.465, 208.467, 208.469, 208.471, 208.473, 208.475, 208.479, 208.480, 313.353, 347.740, 351.127, 355.023, 356.233, 359.653, 400.9-508, 417.018, 620.1310, 640.169, 640.170, 640.172, 640.175, 640.177, 640.179, 640.180, 640.182, 640.185, 640.195, 640.200, 640.203, 640.205, 640.207, 640.210, 640.212, 640.215 and 640.218, RSMo 2000, and section 217.440 as enacted by senate committee substitute for senate bill no. 430 of the eighty-ninth general assembly, first regular session, for the purpose of repealing expired provisions of law and section made obsolete by expired provisions of law, 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 SCS SB 617, entitled:

An act to repeal section 135.200 as enacted by conference committee substitute for senate substitute for senate committee substitute for house substitute for house committee substitute for house bill no. 701, ninetieth general assembly, first regular session, section 135.200 as enacted by conference committee substitute for house committee substitute for senate bill no. 1, eighty-ninth general assembly, second extraordinary session and section 135.200 as enacted by senate substitute for senate committee substitute for house substitute for house committee substitute for house bill no. 1656, eighty-ninth general assembly, second regular session, relating to enterprise zones, and to enact in lieu thereof one new section relating to the same subject.

In which the concurrence of the House is respectfully requested.

On motion of Representative Crump, the House recessed until 2:15 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 an Honorary Page for the Day, to serve without compensation: Teri Smith.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1112

through

House Resolution No. 1125 - Representative Levin

House Resolution No. 1126

through

House Resolution No. 1129 - Representative Purgason

House Resolution No. 1130

and

House Resolution No. 1131 - Representative Foley

House Resolution No. 1132

and

House Resolution No. 1133 - Representative Hunter

HOUSE RESOLUTIONS

HR 152, relating to use of chamber, was taken up by Representative Harlan.

On motion of Representative Harlan, HR 152 was adopted.

HR 537, relating to use of chamber, was taken up by Representative Williams.

On motion of Representative Williams, HR 537 was adopted.

HR 223, relating to use of chamber, was taken up by Representative Williams.

On motion of Representative Williams, HR 223 was adopted.

HR 394, relating to use of chamber, was taken up by Representative Hendrickson.

On motion of Representative Hendrickson, HR 394 was adopted.

Speaker Pro Tem Abel resumed the Chair.

THIRD READING OF HOUSE BILLS

HCS HBs 754, 29, 300 & 505, relating to teacher salary supplements, was taken up by Representative Franklin.

On motion of Representative Franklin, HCS HBs 754, 29, 300 & 505 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS HB 106, relating to the statewide lupus program, was taken up by Representative Johnson (61).

On motion of Representative Johnson (61), HCS HB 106 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 471, relating to drug trafficking, was taken up by Representative Jolly.

On motion of Representative Jolly, HB 471 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS HB 274, relating to school attendance, was taken up by Representative Shields.

On motion of Representative Shields, HCS HB 274 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

The emergency clause was adopted by the following vote:

HB 662, relating to private building contracts, was taken up by Representative Green (73).

On motion of Representative Green (73), HB 662 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 70, relating to motorcycle helmets, was taken up by Representative Koller.

On motion of Representative Koller, HB 70 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 120, relating to motor vehicle safety, was taken up by Representative O'Connor.

On motion of Representative O'Connor, HB 120 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS HBs 533 & 724, relating to sexual offenses, was taken up by Representative Johnson (90).

On motion of Representative Johnson (90), HCS HBs 533 & 724 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 679, relating to organ donation, was taken up by Representative Boykins.

On motion of Representative Boykins, HB 679 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

RECONSIDERATION

Representative McKenna, having voted on the prevailing side, moved that the vote by which HB 498 was defeated on Third Reading - Consent, be reconsidered.

Which motion was adopted by the following vote:

THIRD READING OF HOUSE BILL - CONSENT

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

On motion of Representative Wagner, HB 498 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

THIRD READING OF HOUSE BILL

HCS HB 581, relating to farmland protection act, was taken up by Representative Ridgeway.

On motion of Representative Ridgeway, HCS HB 581 was read the third time and passed by the following vote: