Journal of the House

First Regular Session, 91st General Assembly

SEVENTIETH DAY, Wednesday, May 9, 2001

Speaker Pro Tem Abel in the Chair.

Prayer by Reverend Rudy Beard.

O Lord, in the midst of the activity and pressure of this day, we ask that You keep us aware of Your presence. There is much before the men and women of this House. Grant them the gift to distinguish between the hot words and hot air of debate and the way that opens to progress and service for Missouri. Bless this House and the staff that works to support its members.

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: Hannah Schweigert, Ethan Schweigert, Levi Schweigert, Deanna Leible, Lindsay Holt, Mathew Urness, Elisa Orr, Casey Zook, Damon Offield, Jeff Jones, Megan Attebury, Meghan Stubbs, Amy Bryan and Krystyl Kercher.

The Journal of the sixty-ninth day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1944 - Representatives Legan and Long

House Resolution No. 1945 - Representative Boatright

House Resolution No. 1946 - Representative Naeger

House Resolution No. 1947

through

House Resolution No. 1949 - Representative Hartzler

House Resolution No. 1950 - Representative Cunningham

House Resolution No. 1951 - Representative Hohulin

House Resolution No. 1952 - Representative Portwood

House Resolution No. 1953

through

House Resolution No. 1956 - Representative Britt

House Resolution No. 1957 - Representative Crump

House Resolution No. 1958 - Representatives Phillips and Harding

House Resolution No. 1959

through

House Resolution No. 1972 - Representative Levin

House Resolution No. 1973 - Representatives Boucher and Lowe

House Resolution No. 1974 - Representative Johnson (61)

House Resolution No. 1975 - Representative Riback Wilson (25)

House Resolution No. 1976 - Representatives Lawson and Shields

COMMITTEE REPORTS

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 HB 1000, 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.

Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred HB 52 and HB 207, begs leave to report it has examined the foregoing bills and finds the same to be truly and correctly printed as agreed to and finally passed.

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 366 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HCS SCS SB 266 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HS HCS SB 371 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred SCS SB 374 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

HOUSE BILLS WITH SENATE AMENDMENTS

SCS HB 648, HB 477 & HB 805, relating to temporary driver's permits, was taken up by Representative Ostmann.

On motion of Representative Ostmann, SCS HB 648, HB 477 & HB 805 was adopted by the following vote:

On motion of Representative Ostmann, SCS HB 648, HB 477 & HB 805 was truly agreed to and finally passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

The emergency clause was adopted by the following vote:

SCS HB 691, relating to motor vehicle registration, was taken up by Representative Barnett.

On motion of Representative Barnett, SCS HB 691 was adopted by the following vote:

On motion of Representative Barnett, SCS HB 691 was truly agreed to and finally passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

SCS HB 881, relating to nursing home districts, was taken up by Representative Scott.

On motion of Representative Scott, SCS HB 881 was adopted by the following vote:

On motion of Representative Scott, SCS HB 881 was truly agreed to and finally passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

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

On motion of Representative Kennedy, SCS HB 606 was adopted by the following vote:

On motion of Representative Kennedy, SCS HB 606 was truly agreed to and finally passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

SS SCS HS HB 421, as amended, relating to intoxication torts, was taken up by Representative Hoppe.

Representative Hoppe moved that the House refuse to adopt SS SCS HS HB 421, as amended, and request the Senate to recede from its position or, failing to do so, grant the House a conference.

Which motion was adopted by the following vote:

Speaker Kreider assumed the Chair.

MESSAGES FROM THE SENATE

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SA 1 to HS HJR 11 and grants the House a conference thereon.

The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Goode, Gibbons, Gross, Klarich and Scott.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate conferees on SCS HB 16 are allowed to exceed the differences.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted SCS HCR 24.

SENATE COMMITTEE SUBSTITUTE

FOR

HOUSE CONCURRENT RESOLUTION NO. 24

WHEREAS, recent high fuel prices have alerted us to the need to improve our nation's policies on fuel production; and

WHEREAS, the Organization of Petroleum Exporting Countries (OPEC) has recently suggested that they will reduce crude oil production again in an attempt to manipulate prices; and

WHEREAS, reductions in crude oil production have resulted in sharp increases in prices for natural gas, gasoline and home heating oil; and

WHEREAS, the United States has become dangerously dependent on foreign petroleum; and

WHEREAS, with natural gas selling at record highs, the production of reformulated gasolines containing MTBE, an additive made from natural gas, has been significantly reduced, resulting in shortages of reformulated gasoline in regions of the country dependent on the use of such gasoline blends to meet the federal government's antipollution standards; and

WHEREAS, Missouri consumers are experiencing higher prices at the pump and in home heating costs, and the economic stability of many areas of the state which rely on tourism may be jeopardized if the number of persons traveling to Missouri's vacation destinations is significantly reduced due to increased gasoline prices; and

WHEREAS, the trucking industry, heavily dependent on the availability and price of gasoline and diesel fuel, has been especially hard hit by the increase in fuel cost that have resulted in a significant increase in the transportation costs associated with the delivery of consumer goods throughout the state. Such an increase in cost to the trucking industry will inevitably be passed along to consumers as an increase in the price of consumer goods; and

WHEREAS, the increased petroleum fuel costs is particularly detrimental to Missouri family farmers because it comes at a time when overall market prices are low; and

WHEREAS, fuel prices could be reduced by increasing domestic production and encouraging the development of markets for products that can be used as the source material for renewable alternative fuels:

NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-first General Assembly, First Regular Session, the Senate concurring therein, hereby urge the United States Congress to actively address the issue of fuel prices and take immediate actions necessary to reduce our nation's dependency on foreign petroleum sources and boost our own economy by:

(1) Encouraging exploration for domestic petroleum sources in a manner that does not adversely impact the environment;

(2) Encouraging and creating incentives for fuel conservation measures that do not harm the economy; and

(3) Encouraging and creating incentives for research, development and use of solar and other alternative fuel sources, including ethanol and other fuels made from renewable materials that would not only reduce our dependency on foreign petroleum, but also have the potential to improve environmental protection and boost local economies; and

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the Speaker of the United States House of Representatives, the President of the United States Senate and each member 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 passed SCS HB 202, entitled:

An act to repeal sections 238.207, 238.216, 238.220, 238.235 and 238.252, RSMo 2000, relating to transportation development districts, and to enact in lieu thereof five 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 HB 242, entitled:

An act to repeal sections 67.1003 and 67.1360, RSMo 2000, relating to tourism taxes in certain cities, and to enact in lieu thereof two new sections relating to the same subject.

With Senate Amendment No. 1

Senate Amendment No. 1

AMEND Senate Committee Substitute for House Bill No. 242, Page 2, Section 67.1003, Line 30, by striking the word "class" and inserting in lieu thereof the word "classification"; and

Further amend said bill, Page 4, Section 67.1360, Line 59, by striking the word "seven" and inserting in lieu thereof the word "three"; and

Further amend said line, by striking the word "five" and inserting in lieu thereof the word "four"; and

Further amend said line, by inserting before the word "inhabitants" the words "five hundred"; and

Further amend Line 61, by striking the word "seventeen" and inserting in lieu thereof the word "sixteen"; and

Further amend said line, by striking the word "eighteen" and inserting in lieu thereof the word "sixteen"; and Further amend Line 62, by inserting after the word "thousand" the words "two hundred"; and

Further amend Line 64, by striking the word "seventeen" and inserting in lieu thereof the word "sixteen"; and

Further amend Line 65, by striking the word "eighteen" and inserting in lieu thereof the word "sixteen"; and

Further amend said line, by inserting after the word "thousand" the words "two hundred"; and

Further amend Line 66, by striking the word "three" and inserting in lieu thereof the word "two"; and

Further amend Line 67, by striking the word "two" and inserting in lieu thereof the word "four"; and

Further amend said line, by striking the word "four" and inserting in lieu thereof the word "two"; and

Further amend said line by inserting before the word "inhabitants" the words "six hundred".

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 HB 361, entitled:

An act to authorize the conveyance of certain state property to the Clarence Cannon Wholesale Water Commission, 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 HB 473, entitled:

An act to amend chapter 263, RSMo, by adding thereto one new section relating to noxious weeds.

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 HB 498, entitled:

An act to repeal section 78.450, RSMo 2000, relating to ballot questions for maintaining the city manager form of government, 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 HB 679.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HB 904, entitled:

An act to repeal sections 252.303, 252.306, 252.309, 252.315, 252.321, 252.324, 252.330 and 252.333, RSMo 2000, relating to agroforestry, and to enact in lieu thereof eight 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 refuses to recede from its position on SS SCS HS HB 421, as amended, and grants the House a conference thereon.

RECONSIDERATION

Representative Villa, having voted on the prevailing side, moved that the vote by which HCS SB 304 was defeated on third reading and final passage, be reconsidered.

Which motion was adopted by the following vote:

THIRD READING OF SENATE BILL - CONSENT

HCS SB 304, relating to removal of corporate trustees, was taken up by Representative Monaco.

On motion of Representative Monaco, HCS SB 304 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

SIGNING OF HOUSE BILLS

All other business of the House was suspended while HB 52 and HCS HB 207 were read at length and, there being no objection, were signed by the Speaker to the end that the same may become law.

Having been duly signed in open session of the Senate, HB 52 and HCS HB 207 were delivered to the Governor by the Chief Clerk of the House.

BILL CARRYING REQUEST MESSAGE

HS SS SCS SBs 323 & 230, as amended, relating to sales tax, was taken up by Representative Koller.

Representative Koller moved that the House refuse to recede from its position on HS SS SCS SBs 323 & 230, as amended, and grant the Senate a conference.

Which motion was adopted.

APPOINTMENT OF CONFERENCE COMMITTEES

The Speaker appointed the following Conference Committees to act with like Committees from the Senate on the following bills:

HS SS SCS SBs 323 & 230: Representatives Koller, Overschmidt, Hampton, Robirds and Berkstresser

HS HJR 11: Representatives Gambaro, O'Toole, Ford, Hanaway and Levin

SS SCS HS HB 421: Representatives Lograsso, Dempsey, Hoppe, Holt and Graham

BILLS IN CONFERENCE

CCR SCS HCS HB 2, relating to appropriations, was taken up by Representative Graham.

On motion of Representative Graham, CCR SCS HCS HB 2 was adopted by the following vote:

Representative Smith assumed the Chair.

On motion of Representative Graham, CCS SCS HCS HB 2 was read the third time and passed by the following vote:

Representative Smith declared the bill passed.

Speaker Pro Tem Abel resumed the Chair.

CCR SCS HCS HB 3, relating to appropriations, was taken up by Representative Graham.

On motion of Representative Graham, CCR SCS HCS HB 3 was adopted by the following vote:

On motion of Representative Graham, CCS SCS HCS HB 3 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

CCR SCS HCS HB 4, relating to appropriations, was taken up by Representative Bray.

On motion of Representative Bray, CCR SCS HCS HB 4 was adopted by the following vote:

On motion of Representative Bray, CCS SCS HCS HB 4 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

CCR SCS HCS HB 5, relating to appropriations, was taken up by Representative Bonner.

On motion of Representative Bonner, CCR SCS HCS HB 5 was adopted by the following vote: