Journal of the House

Second Regular Session, 92nd General Assembly

TWENTY-EIGHTH DAY, Wednesday, February 25, 2004

The House met pursuant to adjournment.

         Speaker Hanaway in the Chair.

         Prayer by Reverend James Earl Jackson.

          Heavenly Father, we trust Your Word, which says, "How much better to get wisdom than gold, and knowledge than silver!" We celebrate the changeless things that surround our lives: wisdom, knowledge, commitment and discernment. Help us to pursue these as a way of life.

          May we never take for granted changing seasons, which remind us of the constancy of Your own presence and restoring power, Your mercies which are new every morning, and the freedom we have to engage in spirited deliberations.

          We give thanks for all these things.

          In the name of Your Son we pray. 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: Curtis Bramblett, Eric Greenwald, Brendan McGregor, Brittany Godbout, Sarah Hirner and Steffani Lane.

         The Journal of the twenty-seventh day was approved as printed by the following vote:

HOUSE RESOLUTION

         Representative St. Onge, et al offered House Resolution No. 756.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 746 - Representative Engler

House Resolution No. 747 - Representative Munzlinger

House Resolution No. 748 - Representative Moore

         House Resolution No. 749 - Representative Deeken

House Resolution No. 750 - Representative Reinhart

House Resolution No. 751 - Representative Hoskins

House Resolution No. 752 - Representative Smith (118)

House Resolution No. 753 - Representative Swinger

         House Resolution No. 754

                     and

         House Resolution No. 755 - Representatives Harris (110) and Kuessner

         House Resolution No. 757 - Representative Baker

         House Resolution No. 758 - Representative Wilson (119)

         House Resolution No. 759 - Representative Holand

INTRODUCTION OF HOUSE BILLS

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

HB 1565, introduced by Representatives Crawford and Barnitz, relating to the county sheriff's revolving fund.

HB 1566, introduced by Representatives Stefanick and Bearden, relating to medical assistance.

HB 1567, introduced by Representatives Townley, Kuessner, Schlottach, Taylor, Dethrow, Wilson (130), Hobbs, Brown, Guest, Barnitz, Seigfreid, Mayer, Cunningham (145), Ransdall, Emery, Wilson (119), Shoemaker, Purgason, Angst, Engler, May, Self and Kelly (144), relating to excavation activities of noncommercial operators.

HB 1568, introduced by Representative Zweifel, relating to right-of-way at intersections.

HB 1569, introduced by Representatives Kingery, Bean, Myers, King and Dethrow, relating to state employment positions for certain elected officials.

HB 1570, introduced by Representatives Stefanick, Pearce, Cooper (155), Portwood, Nieves, Hobbs, Seigfreid, Stevenson, Schaaf, Harris (23), Page, Jones and Sager, relating to provider contracts with health carriers.

HB 1571, introduced by Representatives Wallace, Portwood, Cunningham (86), Baker, Bough, Ervin, Young, Stefanick, Taylor, Reinhart, Hobbs, Morris, Whorton, Myers, Kingery, Shoemaker, Angst, Crowell, Viebrock, Schneider, Goodman, Hunter, Hampton, Corcoran, Davis (122), Bishop, Holand, Kuessner, Swinger, Shoemyer, Witte, Sander, King, Bean, Threlkeld and Mayer, relating to installment payments of property taxes.

HB 1572, introduced by Representatives St. Onge, Wasson, Nieves, Dougherty, Baker, Angst, Parker, Bland, Seigfreid, Kuessner, Darrough, Zweifel, Skaggs and Cunningham (145), relating to reciprocity of certification procedures for certain vendors.

SECOND READING OF HOUSE JOINT RESOLUTION

         HJR 54 was read the second time.

SECOND READING OF HOUSE BILLS

         HB 1552 through HB 1564 were read the second time.

SECOND READING OF SENATE JOINT RESOLUTION

         SCS SJR 44 was read the second time.

SECOND READING OF SENATE BILLS

         SS SCS SB 730, SB 1080 and SS SCS SB 1099 were read the second time.

PERFECTION OF HOUSE BILLS

         HCS HBs 946, 1106 & 952, as amended, relating to transportation, was taken up by Representative Crawford.

         On motion of Representative Crawford, HCS HBs 946, 1106 & 952, as amended, was ordered perfected and printed.

         HCS HB 1041, as amended, relating to school personnel, was taken up by Representative Cunningham (86).

         Representative George offered House Amendment No. 6.

House Amendment No. 6

AMEND House Committee Substitute for House Bill No. 1041, Page 3, Section 168.126, Line 49, by inserting immediately at the end of said line, the following:

           “168.710. For the purposes of sections 168.710 to 168.716, the following terms mean:

           (1) “Board”, the board of education of the school district;

           (2) “Employee”, any person hired by a school district except certificated teachers, superintendents, and principals;

           (3) “School district”, any urban or seven-director school district.

           168.712. 1. All employees of a school district shall be appointed and promoted pursuant to rules and regulations adopted by the board. Such rules and regulations shall be consistent with the provisions of sections 168.710 to 168.716.

           2. All employees shall be appointed by examination and promoted by length and character of service. Examinations shall be pursuant to rules and regulations adopted by the board.

           168.714. The board shall adopt, by rule, a probationary period for all employees. During the probationary period, any probationary employee whose work is found to be unsatisfactory shall be furnished a written statement by the immediate supervisor of the employee, setting forth the nature of the unsatisfactory work and a copy shall be filed in the employee’s personnel file. If improvement satisfactory to the immediate supervisor is not made within one month after the receipt of the statement, the probationary employee shall be discharged.

           168.716. All permanent employees shall receive the same due process for removal afforded to certificated teachers.”; and

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

         Representative Wood assumed the Chair.

         Representative George moved that House Amendment No. 6 be adopted.

         Which motion was defeated.

         Representative Skaggs offered House Amendment No. 7.

House Amendment No. 7

AMEND House Committee Substitute for House Bill No. 1041, Page 5, Section 302.272, Line 66, by inserting after said line the following:

           “Section 1. The department of elementary and secondary education shall not reimburse a school district for more than one A+ program coordinator.”; and

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

         On motion of Representative Skaggs, House Amendment No. 7 was adopted.

         Representative Hilgemann offered House Amendment No. 8.

House Amendment No. 8

AMEND House Committee Substitute for House Bill No. 1041, Page 1, Section 162.032, Line 9, by inserting after all of said line the following:

           "167.031. 1. Every parent, guardian or other person in this state having charge, control or custody of a child not enrolled in a public, private, parochial, parish school or full-time equivalent attendance in a combination of such schools and between the ages of seven [and sixteen] years and the compulsory attendance age for the district is responsible for enrolling the child in a program of academic instruction which complies with subsection 2 of this section. Any parent, guardian or other person who enrolls a child between the ages of five and seven years in a public school program of academic instruction shall cause such child to attend the academic program on a regular basis, according to this section. Nonattendance by such child shall cause such parent, guardian or other responsible person to be in violation of the provisions of section 167.061, except as provided by this section. A parent, guardian or other person in this state having charge, control, or custody of a child between the ages of seven [and sixteen] years of age and the compulsory attendance age for the district shall cause the child to attend regularly some public, private, parochial, parish, home school or a combination of such schools not less than the entire school term of the school which the child attends; except that

           (1) A child who, to the satisfaction of the superintendent of public schools of the district in which he resides, or if there is no superintendent then the chief school officer, is determined to be mentally or physically incapacitated may be excused from attendance at school for the full time required, or any part thereof;

           (2) A child between fourteen [and sixteen] years of age and the compulsory attendance age for the district may be excused from attendance at school for the full time required, or any part thereof, by the superintendent of public schools of the district, or if there is none then by a court of competent jurisdiction, when legal employment has been obtained by the child and found to be desirable, and after the parents or guardian of the child have been advised of the pending action; or

           (3) A child between five and seven years of age shall be excused from attendance at school if a parent, guardian or other person having charge, control or custody of the child makes a written request that the child be dropped from the school's rolls.

           2. (1) As used in sections 167.031 to 167.071, a "home school" is a school, whether incorporated or unincorporated, that:

           (a) Has as its primary purpose the provision of private or religious-based instruction;

           (b) Enrolls pupils between the ages of seven [and sixteen] years and the compulsory attendance age for the district, of which no more than four are unrelated by affinity or consanguinity in the third degree; and

           (c) Does not charge or receive consideration in the form of tuition, fees, or other remuneration in a genuine and fair exchange for provision of instruction;

           (2) As evidence that a child is receiving regular instruction, the parent shall, except as otherwise provided in this subsection:

           (a) Maintain the following records:

           a. A plan book, diary, or other written record indicating subjects taught and activities engaged in; and

           b. A portfolio of samples of the child's academic work; and

           c. A record of evaluations of the child's academic progress; or

           d. Other written, or credible evidence equivalent to subparagraphs a., b. and c.; and

           (b) Offer at least one thousand hours of instruction, at least six hundred hours of which will be in reading, language arts, mathematics, social studies and science or academic courses that are related to the aforementioned subject areas and consonant with the pupil's age and ability. At least four hundred of the six hundred hours shall occur at the regular home school location;

           (3) The requirements of subdivision (2) of this subsection shall not apply to any pupil above the age of sixteen years.

           3. Nothing in this section shall require a private, parochial, parish or home school to include in its curriculum any concept, topic, or practice in conflict with the school's religious doctrines or to exclude from its curriculum any concept, topic, or practice consistent with the school's religious doctrines. Any other provision of the law to the contrary notwithstanding, all departments or agencies of the state of Missouri shall be prohibited from dictating through rule, regulation or other device any statewide curriculum for private, parochial, parish or home schools.

           4. A school year begins on the first day of July and ends on the thirtieth day of June following.

           5. The production by a parent of a daily log showing that a home school has a course of instruction which satisfies the requirements of this section or, in the case of a pupil over the age of sixteen years who attended a metropolitan school district the previous year, a written statement that the pupil is attending home school in compliance with this section shall be a defense to any prosecution under this section and to any charge or action for educational neglect brought pursuant to chapter 210, RSMo.

           6. As used in sections 167.031 to 167.051, the term "compulsory attendance age for the district" shall mean:

           (1) Seventeen years of age for any metropolitan school district for which the school board adopts a resolution to establish such compulsory attendance age; provided that such resolution shall take effect no earlier than the school year next following the school year during which the resolution is adopted; and

           (2) Sixteen years of age in all other cases.

The school board of a metropolitan school district for which the compulsory attendance age is seventeen years may adopt a resolution to lower the compulsory attendance age to sixteen years; provided that such resolution shall take effect no earlier than the school year next following the school year during which the resolution is adopted.

           167.051. 1. If a school board establishes part-time schools or classes for children under [sixteen] seventeen years of age, lawfully engaged in any regular employment, every parent, guardian or other person having charge, control or custody of such a child shall cause the child to attend the school not less than four hours a week between the hours of eight o'clock in the morning and five o'clock in the evening during the school year of the part-time classes.

           2. All children who are under eighteen years of age, who have not completed the elementary school course in the public schools of Missouri, or its equivalent, and who are not attending regularly any day school shall be required to attend regularly the part-time classes not less than four hours a week between the hours of eight o'clock in the morning and five o'clock in the afternoon during the entire year of the part-time classes."; and

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

         Representative Hilgemann moved that House Amendment No. 8 be adopted.

         Which motion was defeated by the following vote:

         Representative Purgason offered House Amendment No. 9.

         House Amendment No. 9 was withdrawn.

         Representative Willoughby offered House Amendment No. 10.

House Amendment No. 10

AMEND House Committee Substitute for House Bill No. 1041, Page 2, Section 167.166, Line 6, by inserting after all of said line the following:

           “2. No employee of or volunteer in a public school or charter school shall direct a student to remove a religious emblem, insignia, or garment, as long as such emblem, insignia, or garment is worn in a manner that does not promote disruptive behavior.”; and

           Further amend said page, Section 167.166, Line 7, by renumbering “2.” as “3.".

         Representative Yates offered House Substitute Amendment No. 1 for House Amendment No. 10.

House Substitute Amendment No. 1

for

House Amendment No. 10

AMEND House Committee Substitute for House Bill No. 1041, Page 2, Section 167.166, Line 6, by inserting after all of said line the following:

           “2. No employee of or volunteer in or school board member of or school district administrator of a public school or charter school shall direct a student to remove a religious emblem, insignia, or garment, as long as such emblem, insignia, or garment is worn in a manner that does not promote disruptive behavior, whether it be during school hours or during extra-curricular activities.”; and

           Further amend said page, Section 167.166, Line 7, by renumbering “2.” as “3.".

         HCS HB 1041, as amended, with House Substitute Amendment No. 1 for House Amendment No. 10, and House Amendment No. 10, pending, was laid over.

COMMITTEE REPORTS

         Committee on Conservation and Natural Resources, Chairman Townley reporting:

         Madam Speaker: Your Committee on Conservation and Natural Resources, to which was referred HB 1209, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

         Committee on Crime Prevention and Public Safety, Chairman Mayer reporting:

         Madam Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred HB 1055, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

         Committee on Elections, Chairman May reporting:

         Madam Speaker: Your Committee on Elections, to which was referred HB 962, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

         Committee on Financial Services, Chairman Luetkemeyer reporting:

         Madam Speaker: Your Committee on Financial Services, to which was referred HB 938, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

         Committee on Local Government, Chairman Johnson (47) reporting:

         Madam Speaker: Your Committee on Local Government, to which was referred HB 841, begs leave to report it has examined the same and recommends that it Do Pass.

         Madam Speaker: Your Committee on Local Government, to which was referred HB 947, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

         Madam Speaker: Your Committee on Local Government, to which was referred HB 975, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

         Madam Speaker: Your Committee on Local Government, to which was referred HB 1047, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

         Madam Speaker: Your Committee on Local Government, to which was referred HB 1275, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

         Committee on Professional Registration and Licensing, Chairman Behnen reporting:

         Madam Speaker: Your Committee on Professional Registration and Licensing, to which was referred HB 998 and HB 905, begs leave to report it has examined the same and recommends that the House Committee Substitute do Pass by Consent.

         Committee on Tourism and Cultural Affairs, Chairman Marsh reporting:

         Madam Speaker: Your Committee on Tourism and Cultural Affairs, to which was referred HB 833, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

         Madam Speaker: Your Committee on Tourism and Cultural Affairs, to which was referred HB 1338, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

COMMITTEE CHANGES

         The Speaker submitted the following Committee changes:

         Representative Vogt is no longer a member of the Appropriations - Corrections and Public Safety Committee.

         Representative Kuessner is no longer a member of the Crime Prevention and Public Safety Committee.

         Representative Donnelly is no longer a member of the Senior Security Committee.

         Representative Meadows has been appointed a member of the Appropriations - Corrections and Public Safety Committee, Crime Prevention and Public Safety Committee and Senior Security Committee.

MESSAGE FROM THE GOVERNOR

February 25, 2004

TO THE CHIEF CLERK OF THE

HOUSE OF REPRESENTATIVES

92ND GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you House Concurrent Resolution No. 5 entitled:

“AN ACT”

By concurrent resolution and pursuant to Article IV, Section 8, to disapprove the final order of rulemaking for the proposed amendment to 1 CSR 10-4.010 relating to State of Missouri Vendor Payroll Deductions.

I disapprove of House Concurrent Resolution No. 5. My reasons for disapproval are as follows:

House Concurrent Resolution No. 5 purports to permanently disapprove and suspend an amendment to 1 CSR 10-4.010, filed as an order of rulemaking. The rule amendment filed by the Office of Administration merely clarifies the state's ability to make vendor payroll deductions, including collecting fair share fees from state employees who are members of collective bargaining units and have authorized the deduction of such fees. HCR 5 purports to find the rule amendment in violation of the provisions of sections 536.014 (governing agency rulemaking authority) or 536.205 (governing fiscal notes associated with proposed rules), RSMo.

The rule amendment does not violate any provision of Missouri statute. Because the Office of Administration has rulemaking authority in this area, section 536.014 is satisfied. The Joint Committee has never taken issue with the Office of Administration's authority to promulgate rules including 1 CSR 10-4.010; instead it has only now acted to disapprove this narrow amendment. This action is logically and legally inconsistent: either the Office of Administration has authority to make rules concerning vendor payroll deduction, or it does not. Given the uncontroversial previous promulgation of CSR 10-4.010, as well as the provisions of Section 536.010, 536.023, 33.103, and 370.395 RSMo 2000 (as amended) the Office of Administration plainly has such authority.

Section 536.205, which requires a statement of expenses to be imposed by any rule which would cost private entities more than five hundred dollars, is also satisfied, because the rule amendment does not impose any private cost. The rule amendment only clarifies the ability of the Office of Administration to make certain vendor payroll deductions under specific circumstances. No actual fee is imposed on any private party by the rule amendment.

HCR 5 is misguided, both as a matter of procedure and as a matter of substance. Procedurally, HCR 5 reflects an inappropriate use of the Joint Committee on Administrative Rules, an entity established by executive order for the narrow purpose of reviewing agency rulemaking authority. The General Assembly has produced no legitimate question as to the legal authority of the Office of Administration to promulgate the rule amendment. Members of the General Assembly simply object to collective bargaining by state government employees and thus seek to block the mechanisms that make such bargaining possible. The General Assembly ought not to use the procedural mechanism of a resolution of disapproval to block a rule that its members only dislike on philosophical grounds.

I disagree with those who oppose collective bargaining rights for state employees. My administration has fought and will continue to fight tirelessly for the right of all working Missourians to have their voice heard by their employers. All of society benefits when working people have a seat at the bargaining table. That is as true in the public sector as it is in the private sector.

Most Missouri state employees do not share the privileges and benefits accorded to their elected officials. Rather, the majority of our public servants do difficult and vital work, often for low pay and little recognition. As Governor, I have a responsibility to ensure that our hard-working state employees are treated fairly and equitably by their employer. An essential component of fair and equitable treatment is the right of workers to bargain collectively and negotiate on a level playing field. I am proud of our record in this area, and I will not tolerate efforts by the General Assembly or any other party to interfere with employees' right of representation. The fair allocation of the costs of such representation is a basic aspect of collective bargaining. The use of fair share fees, voluntarily agreed to by new state employees, is both appropriate and necessary to protect the right of self-representation.

For all of the above stated reasons for disapproval, I am returning House Concurrent Resolution No. 5 without my approval.

                                                                            Respectfully submitted,

                                                                        /s/ Bob Holden                                 

                                                                            Governor

         The following member's presence was noted: Lawson.

ADJOURNMENT

         On motion of Representative Crowell, the House adjourned until 10:00 a.m., Thursday, February 26, 2004.

COMMITTEE MEETINGS

ADMINISTRATION AND ACCOUNTS

Thursday, February 26, 2004, 8:30 a.m. Hearing Room 1.

Executive session may follow. House Administration & Accounts Committee Resolution #10 and House Administration & Accounts Committee Resolution #11.

APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Thursday, February 26, 2004, Hearing Room 4 upon morning adjournment.

Executive session may follow.

Mark up will be held on: HB 1006

APPROPRIATIONS - GENERAL ADMINISTRATION

Thursday, February 26, 2004, 8:00 a.m. Hearing Room 7.

Mark up will be held on: HB 1001, HB 1004, HB 1005, HB 1012

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Thursday, February 26, 2004, 8:15 a.m. Hearing Room 3.

Departments of Health, Mental Health, and Social Services.

APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Thursday, February 26, 2004, Hearing Room 6 upon morning adjournment.

Mark up Department of Public Safety and the Department of Corrections.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Thursday, February 26, 2004, 8:15 a.m. Hearing Room 5.

Mark up Department of Economic Development.

JOINT COMMITTEE ON LEGISLATIVE RESEARCH

Thursday, February 26, 2004, Hearing Room 5 upon morning adjournment of both Chambers.

Report from the Revision Subcommittee. Oversight program evaluation on the Office of

Administration, Division of Facilities Management, State leasing practices.

Any other business.

JOINT COMMITTEE ON PUBLIC EMPLOYEE RETIREMENT

Thursday, March 4, 2004, 8:00 a.m. Hearing Room 7.

First quarter meeting.

LOCAL GOVERNMENT

Thursday, February 26, 2004, 8:15 a.m. Hearing Room 6.

Executive session shall follow. AMENDED

Public hearings to be held on: HB 824, HB 972, HB 1225, HB 1398, HB 1471

LOCAL GOVERNMENT

Monday, March 1, 2004, 3:00 p.m. Hearing Room 1.

Executive session may follow.

Public hearings to be held on: HB 942, HB 1104, HB 1206, HB 1377

RULES

Thursday, February 26, 2004, 8:30 a.m. Hearing 4.

Executive session may follow. AMENDED

Public hearing to be held on: SCR 33

TAX POLICY

Thursday, February 26, 2004, House Chamber side gallery upon morning adjournment.

Executive session will be held on: HB 856, HB 1382, HB 1235

HOUSE CALENDAR

TWENTY-NINTH DAY, THURSDAY, FEBRUARY 26, 2004

HOUSE BILLS FOR SECOND READING

HB 1565 through HB 1572

HOUSE JOINT RESOLUTIONS FOR PERFECTION

1       HCS HJR 28 - Roark (139)

2       HCS HJR 39, 38, 42 & 47 - Engler (106)

HOUSE BILLS FOR PERFECTION

1       HCS HB 1105, 1062, 1111, 1113 & 1119 - Crawford (117)

2       HCS HB 1041, as amended, HSA 1 for HA 10 and HA 10, pending - Cunningham (86)

3       HCS HB 978 - Baker (123)

4       HCS HB 1380 - Lager (4)

5       HCS HB 1304 - Byrd (94)

6       HCS HB 1338 - Wood (62)

7       HB 841 - Angst (146)

8       HCS HB 1055 - Bruns (113)

HOUSE BILLS FOR PERFECTION - CONSENT

 (2/23/04)

1       HB 801 - Smith (118)

2       HCS HB 895 - Emery (126)

3       HB 923 - Holand (135)

4       HB 932 - Bivins (97)

5       HCS HB 955 - Portwood (92)

6       HB 960 - Roark (139)

7       HB 989 - Barnitz (150)

8       HB 1070 - Miller (133)

9       HB 1071 - Goodman (132)

10     HB 1107, HCA 1 - Crawford (117)

11     HB 1126 - Seigfreid (26)

12     HB 1149 - May (149)

13     HCS HB 1198 - Richard (129)

 (2/26/04)

1       HCS HB 833 - Luetkemeyer (115)

2       HB 938 - Luetkemeyer (115)

3       HCS HB 947 - Crawford (117)

4       HB 962 - May (149)

5       HB 975 - Johnson (47)

6       HCS HB 998 & 905 - Sutherland (99)

7       HB 1047 - Guest (5)

8       HCS HB 1209 - Jetton (156)

9       HB 1275 - Wilson (130)

HOUSE BILLS FOR THIRD READING

1       HCS HB 980 - Myers (160)

2       HS HCS HB 1268 & 1211, E.C. - Smith (118)

3       HCS HB 946, 1106 & 952, E.C. - Crawford (117)

VETOED HOUSE BILL

HCR 5 - Byrd (94)