Journal of the House

Second Regular Session, 92nd General Assembly

THIRTY-SECOND DAY, Wednesday, March 3, 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, "A cheerful heart is good medicine, but a broken spirit saps a person's strength." May we approach this day with renewed strength, a cheerful disposition and an enthusiastic devotion to those duties that lie ahead.

              Since You are directing our steps, we need no specific understanding of everything that happens along the way. Therefore, may Your loving-kindness and mercy, truth and faithfulness, forever preserve us. Our hope is grounded in Your unshakable promises.

              May You guide us in justice and teach us Your way.

              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: Sarah Howard, Jaszmyne Fassett, Charmmura Henderson, Quenasha Gray, Dustin Lattimer, Whitney Wright and Stacy Griswold.

            The Journal of the thirty-first day was approved as printed.

SPECIAL RECOGNITION

            The Blue Springs Wildcat Boys Swimming and Diving Team was introduced by Representatives Dusenberg and Pratt and recognized as Outstanding Missourians for attaining First Place in the 2003-2004 Missouri State High School Activities Association sanctioned Championships.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 875 - Representatives Wilson (130) and Ruestman

            House Resolution No. 876 - Representative LeVota

            House Resolution No. 877 - Representative LeVota, et al

            House Resolution No. 878 - Representative George

            House Resolution No. 879 - Representative Wood

            House Resolution No. 880 - Representative El-Amin

            House Resolution No. 881 - Representative Swinger

            House Resolution No. 882

                        through

            House Resolution No. 884 - Representative Yates

            House Resolution No. 885 - Representative Dougherty

            House Resolution No. 886 - Representative Rupp

            House Resolution No. 887 - Representatives Davis (19) and Bough

            House Resolution No. 888

                        through

House Resolution No. 891 - Representatives Engler and Lipke

HOUSE CONCURRENT RESOLUTION

            Representative Quinn, et al, offered House Concurrent Resolution No. 29.

INTRODUCTION OF HOUSE BILLS

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

HB 1615, introduced by Representative Dempsey, relating to motor vehicle dealers.

HB 1616, introduced by Representatives Hanaway, Townley, Richard, Engler, Bivins, Reinhart, Page, Moore, May, Ruestman, Brown, Wilson (119) and Cunningham (86), relating to the publication of administrative rules.

HB 1617, introduced by Representatives Hanaway, Townley, Richard, Engler, Bivins, Reinhart, Page, Moore, May, Willoughby, Brown and Wilson (119), relating to obstruction of securities investigations.

HB 1618, introduced by Representatives Skaggs, Selby, Kelly (36), Wilson (42), Bishop, Page, Meiners and Hilgemann, relating to assault of a law enforcement officer, emergency personnel, or security officer.

HB 1619, introduced by Representatives Holand and Threlkeld, relating to the consumer protection act for wheeled mobility.

HB 1620, introduced by Representative Muckler, relating to domestic violence.

SECOND READING OF HOUSE BILLS

            HB 1601 through HB 1614 were read the second time.

SECOND READING OF SENATE JOINT RESOLUTION

            SJR 29 was read the second time.

SECOND READING OF SENATE BILLS

            SB 783, SB 803, SCS SB 837, SCS SB 859, SCS SB 969 and SCS SB 1038 were read the second time.

            Representative Morris assumed the Chair.

PERFECTION OF HOUSE BILLS

            HB 841, relating to containers on watercraft, was taken up by Representative Angst.

            Representative Angst offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 841, Section 306.325, Page 1, Line 4, by striking “innertube,”; and

              Further amend said section and page, Line 8, by inserting “or innertube” after “vessel”.

            On motion of Representative Angst, House Amendment No. 1 was adopted.

            Representative Ransdall offered House Amendment No. 2.

House Amendment No. 2

AMEND House Bill No. 841, Section 306.325, Page 1, Line 8, by inserting after “navigable” the words “or non-navigable”.

            On motion of Representative Ransdall, House Amendment No. 2 was adopted.

            Representative Riback Wilson (25) offered House Amendment No. 3.

House Amendment No. 3

AMEND House Bill No. 841, Page 1, Section 306.325, Line 5, by deleting all of said line and inserting in lieu thereof:

              “Susceptible to swamping, tipping, or rolling, and including any houseboat, party”.

            Representative Riback Wilson (25) moved that House Amendment No. 3 be adopted.

            Which motion was defeated.

            On motion of Representative Angst, HB 841, as amended, was ordered perfected and printed.

            HCS HB 1055, relating to sexual offenses, was taken up by Representative Bruns.

            Representative Corcoran offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1055, Section 573.037, Page 2, Line 5 of said page, by deleting Lines 5 through 7, and by inserting in lieu thereof the following:

              “2. Possession of child pornography is a class [A misdemeanor] D felony unless the person has pleaded guilty to or has been found guilty of an offense under this section, in which case it is a class [D] C felony.”

            On motion of Representative Corcoran, House Amendment No. 1 was adopted by the following vote:

            Representative Henke offered House Amendment No. 2.

            Representative Lipke raised a point of order that House Amendment No. 2 is not germane and goes beyond the scope of the bill.

            Representative Morris requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

            HCS HB 1055, as amended, was laid over.

RE-REFERRAL OF SENATE BILL

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

SS SCS SB 1099 - Job Creation and Economic Development

COMMITTEE REPORTS

            Committee on Agriculture, Chairman Myers reporting:

            Madam Speaker: Your Committee on Agriculture, to which was referred HB 1192, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

            Committee on Communications, Energy and Technology, Chairman Rector reporting:

            Madam Speaker: Your Committee on Communications, Energy and Technology, to which was referred HB 1171, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

            Committee on Conservation and Natural Resources, Chairman Townley reporting:

            Madam Speaker: Your Committee on Conservation and Natural Resources, to which was referred HB 956, begs leave to report it has examined the same and recommends that it 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 1215, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

            Committee on Financial Services, Chairman Luetkemeyer reporting:

            Madam Speaker: Your Committee on Financial Services, to which was referred HB 884, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Madam Speaker: Your Committee on Financial Services, to which was referred HB 904, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Madam Speaker: Your Committee on Financial Services, to which was referred HB 1223, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Madam Speaker: Your Committee on Financial Services, to which was referred HB 1291, 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 824, 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 1398, 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 1471, begs leave to report it has examined the same and recommends that the House Committee Substitute 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 1399, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

            Committee on Rules, Chairman Crowell reporting:

            Madam Speaker: Your Committee on Rules, to which was referred SCR 33, begs leave to report it has examined the same and recommends that it Do Pass.

SENATE CONCURRENT RESOLUTION NO. 33

              WHEREAS, for many years, residents in the greater St. Louis area enjoyed regular airline service by TWA to and from Ronald Reagan Washington National Airport (DCA); and

              WHEREAS, St. Louis is a large market, with over 2.6 million people in the St. Louis Metropolitan Statistical Area, and for the year 2003, the St. Louis-Washington market (not including BWI) ranked 13th among Washington destinations inside the 1,250-mile perimeter with 243,302 passengers; and

              WHEREAS, because TWA was the dominant airline in St. Louis, fares were relatively high, especially for business travelers who often traveled on a few days' notice. When American Airlines acquired TWA several years ago, they significantly reduced their presence in St. Louis and service to Washington, D.C. has suffered as a result; and

              WHEREAS, American Airlines now operates its DCA to STL services using regional jets with a seating capacity of 50 or less seats, United Airlines operates three daily roundtrips using regional jets between St. Louis and Dulles, and Southwest Airlines only flies to BWI, not to DCA or Dulles; and

              WHEREAS, with such a lack of competition for flights to Washington, D.C., Primaris, a new entrant airline, would introduce competition in the market served currently only by American Airlines; and

              WHEREAS, Primaris proposes to operate a twice-daily premium service between STL and DCA using Boeing 757 aircraft with 126-seat capacity in a two-by-two configuration for passenger comfort; and

              WHEREAS, Primaris will provide this premium service which is equal to or better than the current business class service and will offer fares significantly lower than most coach class fares of American Airlines' commuter affiliates that now conduct DCA-STL operations; and

              WHEREAS, while recognizing that the United States Congress has given the federal Department of Transportation authority to grant only a few slot exemptions, given the size of the St. Louis market and the current lack of competition on the DCA-STL route, approval of Primaris Airlines' application is strongly recommended to serve the St. Louis-Washington, D.C. market:

              NOW, THEREFORE, BE IT RESOLVED that the members of the Senate of the Ninety-second General Assembly, Second Regular Session, the House of Representatives concurring therein, hereby urge the United States Department of Transportation to grant approval to Primaris Airlines' application in Docket OST 2000-7182 for the operation of twice-daily service between Ronald Reagan Washington National Airport (DCA) and Lambert-St. Louis International Airport (STL); and

              BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare a properly inscribed copies of this resolution for the Honorable Norman Y. Mineta, Secretary of Transportation, and each member of the Missouri Congressional Delegation.

            Committee on Senior Security, Chairman Portwood reporting:

            Madam Speaker: Your Committee on Senior Security, to which was referred HB 898, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

            Special Committee on General Laws, Chairman Wright reporting:

            Madam Speaker: Your Special Committee on General Laws, to which was referred HB 1363, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

            Committee on Transportation and Motor Vehicles, Chairman Crawford reporting:

            Madam Speaker: Your Committee on Transportation and Motor Vehicles, to which was referred HB 826, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Madam Speaker: Your Committee on Transportation and Motor Vehicles, to which was referred HB 883, 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 Transportation and Motor Vehicles, to which was referred HB 912, 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 Transportation and Motor Vehicles, to which was referred HB 937, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Madam Speaker: Your Committee on Transportation and Motor Vehicles, to which was referred HB 1029, begs leave to report it has examined the same and recommends that it Do Pass by Consent with House Committee Amendment No. 1.

House Committee Amendment No. 1

AMEND House Bill No. 1029, Page 1, Section 227.349, Line 2, by deleting the words "intersection of state highway J to state" and inserting in lieu thereof the following:

              "intersection of state highway J and state"; and

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

            Madam Speaker: Your Committee on Transportation and Motor Vehicles, to which was referred HB 1114, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Madam Speaker: Your Committee on Transportation and Motor Vehicles, to which was referred HB 1142, begs leave to report it has examined the same and recommends that it Do Pass by Consent with House Committee Amendment No. 1.

House Committee Amendment No. 1

AMEND House Bill No. 1142, Page 1, Section 304.029, Lines 12 to 14, by deleting all of said lines; and

              Further amend said bill, Page 1, Section 304.029, Line 15, by deleting all of said line and inserting the following:

              "3. A low-speed vehicle shall be exempt from the requirements of sections 307.350"; and

               Further amend said bill, Page 1, Section 304.029, Line 18, by deleting all of said line and inserting the following:

              "4. Every operator of a low-speed vehicle shall maintain financial responsibility on"; and

              Further amend said bill, Page 2, Section 304.029, Line 21, by deleting all of said line and inserting the following:

              "5. Each person operating a low-speed vehicle on a highway in this state shall"; and

              Further amend said bill, Page 2, Section 304.029, Lines 23 to 27, by deleting all of said lines and inserting the following:

              "6. All low-speed vehicles shall be manufactured in compliance with the national highway traffic safety administration standards for low-speed vehicles in 49 C.F.R. 571.500, as amended."; and

              Further amend said bill, Page 2, Section 304.029, Line 28, by deleting all of said line and inserting the following:

              "7. Nothing in this section shall prevent county or municipal governments from"; and

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

            Madam Speaker: Your Committee on Transportation and Motor Vehicles, to which was referred HB 1259, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Madam Speaker: Your Committee on Transportation and Motor Vehicles, to which was referred HB 1317, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Madam Speaker: Your Committee on Transportation and Motor Vehicles, to which was referred HB 1439, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

MESSAGE FROM THE SENATE

            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HCS HBs 950 & 948.

COMMITTEE CHANGES

            The Speaker submitted the following Committee changes:

            Representative Stefanick is no longer a member of the Children and Families Committee.

            Representative Reinhart has been appointed a member of the Children and Families Committee.

            Representative Brown is no longer a member of the Tourism and Cultural Affairs Committee.

            Representative Yates has been appointed a member of the Tourism and Cultural Affairs Committee.

LETTER OF RESIGNATION

March 3, 2004

The Honorable Mike Sager

House of Representatives

State Capitol

Jefferson City, MO 65101

Dear Representative Sager,

Please accept my resignation from the Joint Irish Caucus.

Thank you for your attention to this request.

Sincerely,

/s/ Paul LeVota

COMMUNICATION

March 3, 2004

Mr. Steve Davis, Chief Clerk

Missouri House of Representatives

State Capitol

Jefferson City, MO 65101

Dear Steve:

              Pursuant to Chapter 105.461 RSMo this letter is an official report that my wife, Michele M. Behnen, is employed by the Kirksville Veterans Clinic, a subunit of the Northeast Missouri Health Council.

              In order for me to comply with Chapter 105.461 please publish this report in the Journal of the House.

Sincerely,

/s/ Robert J. Behnen

            The following members’ presence was noted: Reinhart and Jetton.

ADJOURNMENT

            On motion of Representative Stefanick, the House adjourned until 10:00 a.m., Thursday, March 4, 2004.

                                                     COMMITTEE MEETINGS

AGRICULTURE

Tuesday, March 9, 2004, 12:00 p.m. Hearing Room 1.

Possible Executive session.

Public hearings to be held on: HB 1238, HB 1507

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Thursday, March 4, 2004, 8:15 a.m. Hearing Room 3.

Departments of Health, Mental Health, and Social Services.

Possible mark up. AMENDED

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Tuesday, March 9, 2004, 8:00 a.m. Hearing Room 3.

Departments of Health, Mental Health, and Social Services.

Possible mark up.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Wednesday, March 10, 2004, 8:00 a.m. Hearing Room 3.

Departments of Health, Mental Health, and Social Services.

Possible mark up.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Thursday, March 11, 2004, 8:15 a.m. Hearing Room 3.

Departments of Health, Mental Health, and Social Services.

Possible mark up.

COMMUNICATIONS, ENERGY AND TECHNOLOGY

Tuesday, March 9, 2004, Hearing Room 3 upon morning adjournment.

Executive session may follow.

Public hearings to be held on: HB 1493, HB 1328, HB 1340

FINANCIAL SERVICES

Tuesday, March 9, 2004, 12:00 p.m. Hearing Room 6.

Public hearings to be held on: HB 1027, HB 1231, HB 1285

Executive session will be held on: HB 1090, HB 1233, HB 1253

JOINT COMMITTEE ON LEGISLATIVE RESEARCH

Monday, March 8, 2004, 1:00 p.m. Hearing Room 7.

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.

JOINT COMMITTEE ON TRANSPORTATION OVERSIGHT

Monday, March 29, 2004, 1:00 p.m. Senate Lounge.

Topics for discussion. Remarks from MoDOT, Inspector General,

MoDOT cleanup legislation, One Stop Shop.

LOCAL GOVERNMENT

Thursday, March 4, 2004, 8:15 a.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 1445, HB 1456, HB 1524, HB 1362, HB 1180

RETIREMENT

Thursday, March 4, 2004, 8:30 a.m. Hearing Room 7.

Executive session may follow.

Public hearings to be held on: HB 1217, HB 1218, HB 1069, HB 1145, HB 1273, HB 1440

SPECIAL COMMITTEE ON GENERAL LAWS

Thursday, March 4, 2004, 8:00 a.m. Hearing Room 1.

Executive session will be held on: HB 1347, HB 1402, HB 1411

SUBCOMMITTEE ON COMPETITION AND PRIVATIZATION ON LEGISLATIVE RESEARCH

Thursday, March 4, 2004, Senate Lounge upon subsequent adjournment or 1:00 p.m.

Results of Competition/Privatization follow up questionnaire.

Presentation of Privatization by private groups.

Future committee meeting dates and locations and any other business.

SUBCOMMITTEE ON LEGISLATIVE RESEARCH AND OVERSIGHT

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

Challenge fiscal note SCS SB 1038.

                                                           HOUSE CALENDAR

THIRTY-THIRD DAY, THURSDAY, MARCH 4, 2004

HOUSE BILLS FOR SECOND READING

HB 1615 through HB 1620

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, HS, as amended, pending - Byrd (94)

6          HCS HB 1055, as amended - Bruns (113)

7          HCS HB 1305 - Byrd (94)

8          HCS HB 1215 - Engler (106)

9          HCS HB 898 - Johnson (47)

HOUSE BILLS FOR PERFECTION - CONSENT

 (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)

(3/04/04)

1          HCS HB 1363 - Fares (91)

2          HCS HB 1439 - Crawford (117)

3          HB 826 - Kelly (144)

4          HB 1291 - Pearce (121)

5          HB 956 - May (149)

6          HB 1398 - Lager (4)

7          HCS HB 1399 - Lager (4)

8          HB 1259 - Threlkeld (109)

9          HB 1317 - Kingery (154)

10        HB 937 - Moore (20)

11        HB 904 - Luetkemeyer (115)

12        HB 824 - Seigfreid (26)

13        HCS HB 883 - Graham (24)

14        HB 884 - Ward (107)

15        HCS HB 912 - Page (82)

16        HB 1029, HCA 1 - Henke (11)

17        HB 1114 - Skaggs (31)

18        HB 1142, HCA 1 - Daus (67)

19        HCS HB 1171 - Rector (124)

20        HCS HB 1192 - Schlottach (111)

21        HB 1223 - Ward (107)

22        HCS HB 1471 - Brooks (37)

HOUSE BILLS FOR THIRD READING

1          HCS HB 1338 - Wood (62)

2          HB 841 - Angst (146)

HOUSE BILLS FOR THIRD READING - CONSENT

1          HB 801 - Smith (118)

2          HCS HB 895, E.C. - 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, E.C. - Barnitz (150)

8          HB 1070 - Miller (133)

9          HB 1071, E.C. - 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)

SENATE CONCURRENT RESOLUTION

SCR 33, (3-03-04)

HOUSE BILL WITH SENATE AMENDMENT

SCS HB 916 - Brown (30)

VETOED HOUSE BILL

HCR 5 - Byrd (94)