Journal of the House

First Regular Session, 93rd General Assembly

TWENTY-FOURTH DAY, Wednesday, February 16, 2005

The House met pursuant to adjournment.

            Speaker Jetton in the Chair.

            Prayer by Reverend James Earl Jackson.

              Heavenly Father, Your way is perfect! Your Word is tested and tried; You are a shield to all who take shelter and put their trust in You.

              You give us strength to tackle the toughest of problems and power to overcome any obstacles.

              May we not seek the praise of the public in this great Assembly, but proceed with confidence in our calling. Help us to quickly move past any disagreements that may interfere with completion of that vocation.

              Now may Your grace rest and abide with each of us throughout this day.

              In the excellent 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: Ashley Rhoads, Zane Bright, Cane Christison, Eric Mitchell, Brandon Mundle, Henry Sweets IV, Ariana Galluzzio, Stacy Gruchalla, Emma Hayden, Caryn Lippincott and Summer Thomas.

            The Journal of the twenty-third day was approved as printed.

SPECIAL RECOGNITION

            Jim Anderson of Springfield, Missouri, was introduced by Representative Dixon and recognized as an Outstanding Missourian.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 554 - Representative Salva

            House Resolution No. 555 - Representative Cunningham (145)

            House Resolution No. 556 - Representative Swinger

            House Resolution No. 557 - Representative Henke

            House Resolution No. 558 - Representative Yaeger

SECOND READING OF HOUSE CONCURRENT RESOLUTION

            HCR 20 was read the second time.

SECOND READING OF HOUSE BILLS

            HB 537 through HB 559 were read the second time.

PERFECTION OF HOUSE BILL

            HCS HB 393, as amended, relating to tort reform, was taken up by Representative Byrd.

            Speaker Pro Tem Bearden assumed the Chair.

            Representative Young offered House Amendment No. 10.

            Representative Byrd raised a point of order that House Amendment No. 10 is not germane to the title of the bill.

            The Chair ruled the point of order well taken.

            Representative Fraser offered House Amendment No. 11.

            House Amendment No. 11 was withdrawn.

            Representative Dougherty offered House Amendment No. 12.

House Amendment No. 12

AMEND House Committee Substitute for House Bill No. 393, Page 10, Section 516.105, Lines 23 and 24, by deleting all of said lines and inserting in lieu thereof the following:

              "the expiration of ten years from the date of the act of negligence complained of [or for ten years from a minor's twentieth birthday, whichever is later]."; and

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

            Representative Byrd offered House Amendment No. 1 to House Amendment No. 12.

House Amendment No. 1

to

House Amendment No. 12

AMEND House Amendment No. 12 to House Committee Substitute for House Bill No. 393, Section 516.105, Page 1, Lines 5 and 6, by striking all of said lines and inserting in lieu thereof the following:

              “negligence complained of or for [ten] two years from a minor’s [twentieth] eighteenth birthday, whichever is later.”; and

              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

            On motion of Representative Byrd, House Amendment No. 1 to House Amendment No. 12 was adopted.

            On motion of Representative Dougherty, House Amendment No. 12, as amended, was adopted.

            Representative LeVota offered House Amendment No. 13.

House Amendment No. 13

AMEND House Committee Substitute for House Bill No. 393, Section 538.225, Page 19, Lines 21 through 28, by striking all of said lines; and

              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

            Representative LeVota moved that House Amendment No. 13 be adopted.

            Which motion was defeated.

            Representative Burnett offered House Amendment No. 14.

House Amendment No. 14

AMEND House Committee Substitute for House Bill No. 393, Section 537.035, Page 11, Line 25 of said page, by striking the phrase "including long-term care facilities licensed under chapter 198, RSMo," on said line; and

              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

            Representative Burnett moved that House Amendment No. 14 be adopted.

            Which motion was defeated by the following vote:

            Representative Burnett offered House Amendment No. 15.

House Amendment No. 15

AMEND House Committee Substitute for House Bill No. 393, Section 537.067, Pages 12 through 14, Lines 1 through 77, by striking all of said lines; and

              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

            Representative Burnett moved that House Amendment No. 15 be adopted.

            Which motion was defeated by the following vote:

            Representative Byrd offered House Amendment No. 16.

House Amendment No. 16

AMEND House Committee Substitute for House Bill No. 393, Section 3, Page 20, Line 3, by striking the word “complaint” on said line and inserting in lieu thereof the following:

              “petition”; and

              Further amend said bill, Section 3, Page 20, Line 5, by inserting after the word “shall” on said line the following:

              “upon application of any party”; and

              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

            Representative Page offered House Amendment No. 1 to House Amendment No. 16.

House Amendment No. 1

to

House Amendment No. 16

AMEND House Amendment No. 16 to House Committee Substitute for House Bill No. 393, Page 1, by adding at the end of said amendment the following:

              “Further amending said bill, Page 20, Section 355.176, Line 14, by adding at the end of said line:

              [4. Suits against a nonprofit corporation shall be commenced only in one of the following locations:

              (1) the county in which the nonprofit corporation maintains its principal place of business;

              (2) the county where the cause of action accrued;

              (3) the county in which the office of the registered agent for the nonprofit corporation is maintained.]”.

            On motion of Representative Page, House Amendment No. 1 to House Amendment No. 16 was adopted.

            On motion of Representative Byrd, House Amendment No. 16, as amended, was adopted.

            HCS HB 393, as amended, was laid over.

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

AFTERNOON SESSION

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

HOUSE RESOLUTION

            Representative Fraser, et al., offered House Resolution No. 569.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 559 - Representative Ervin

            House Resolution No. 560 - Representative St. Onge

            House Resolution No. 561 - Representative Deeken

            House Resolution No. 562 - Representative Smith (118)

            House Resolution No. 563 - Representative Phillips

            House Resolution No. 564

                        through

            House Resolution No. 566 - Representatives Phillips and Brown (30)

            House Resolution No. 567 - Representative Sander

            House Resolution No. 568 - Representative Baker (123)

            House Resolution No. 570 - Representative Wilson (119)

            House Resolution No. 571 - Representative Denison

            House Resolution No. 572 - Representative Smith (14), et al.

            House Resolution No. 573 - Representative Smith (14)

            House Resolution No. 574

                         through

            House Resolution No. 659 - Representative Avery

            House Resolution No. 660 - Representative Robinson

            House Resolution No. 661 - Representative Cunningham (86)

            Representative Dempsey suggested the absence of a quorum.

            The following roll call indicated a quorum present:

PERFECTION OF HOUSE BILLS

            HCS HB 393, as amended, relating to tort reform, was again taken up by Representative Byrd.

            Representative Yates requested a division of the question on HCS HB 393, as amended.

            Representative Byrd moved that Part I of HCS HB 393 be adopted.

            Which motion was defeated by the following vote:

            On motion of Representative Byrd, Part II of HCS HB 393, as amended, was adopted.

            On motion of Representative Byrd, HCS HB 393, as amended, was ordered perfected and printed.

            HCS HB 441, relating to methamphetamine precursor drugs, was taken up by Representative Lipke.

            Representative Lipke offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 441, Page 15, Section 195.017, Line 493, by deleting all of said line and inserting in lieu thereof the following:

              "(3) Any material, compound, mixture or preparation which contains any quantity"; and

              Further amend said bill, Page 15, Section 195.017, Line 496, by deleting all of said line and inserting in lieu thereof the following:

              "(4) Any compound, mixture, or preparation containing any detectable quantity of"; and

              Further amend said bill, Page 15, Section 195.017, Line 506, by deleting all of said line and inserting in lieu thereof the following:

              "for sale only from behind a checkout counter where the public is not permitted, and only by a"; and

              Further amend said bill, Page 16, Section 195.017, Lines 530 and 531, by deleting all of said lines and inserting in lieu thereof the following:

              "15. Within thirty days of the enactment of this section, any business entity which sells ephedrine or pseudoephedrine products in the course of legitimate business which is in the possession of pseudoephedrine and ephedrine products, and which does not have a state and federal"; and

              Further amend said bill, Page 16, Section 195.017, Lines 536 and 537, by deleting all of said lines and inserting in lieu thereof the following:

               "17. The scheduling of substances specified in subdivision (4) of subsection 10 of this section and subsections 11, 12, 14, and 15 of this section shall not apply to any compounds, mixtures, or preparations that are in liquid or"; and

              Further amend said bill, Page 17, Section 195.417, Lines 1 to 32, by deleting all of said lines and inserting in lieu thereof the following:

              "195.417. 1. [No person shall deliver in any single over-the-counter sale more than:

              (1) Two packages or any number of packages that contain a combined total of no more than six grams of any drug containing a sole active ingredient of ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers; or

              (2) Three packages of any combination drug containing, as one of its active ingredients, ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers, or any number of packages of said combination drug that contain a combined total of no more than nine grams of ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers.

              2. All packages of any drug having a sole active ingredient of ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers, shall be displayed and offered for sale only behind a checkout counter where the public is not permitted, or within ten feet and an unobstructed view of an attended checkout counter. This subsection shall not apply to any retailer utilizing an electronic antitheft system that utilizes a product tag and detection alarm which specifically prevents the theft of such drugs from the place of business where such drugs are sold.] The limits specified in subsection 2 of this section shall not apply to any quantity of such product, mixture, or preparation dispensed pursuant to a valid prescription.

              2. Within any thirty-day period, no person shall sell, dispense, or otherwise provide to the same individual, and no person shall purchase, receive, or otherwise acquire more than the following amount: any number of packages of any drug product containing any detectable amount of ephedrine or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, either as:

              (1) The sole active ingredient; or

              (2) One of the active ingredients of a combination drug; or

              (3) A combination of any of the products specified in subdivisions (1) and (2) of this subsection;

in any total amount greater than nine grams.

              3. All packages of any compound, mixture, or preparation containing any detectable quantity of ephedrine or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, except those that are excluded from Schedule V in subsection 17 or 18 of section 195.017, shall be offered for sale only from behind a checkout counter where the public is not permitted, and only by a registered pharmacist or registered pharmacy technician under section 195.017.

              [3.] 4. This section shall supersede and preempt any [municipal] local ordinances or regulations [passed on or after December 23, 2002, to the extent that such ordinances or regulations are more restrictive than the provisions of this section], including any ordinances or regulations enacted by any political subdivision of the state. This section shall not apply to [any product labeled pursuant"; and

              Further amend said bill, Page 18, Section 195.417, Line 46, by deleting all of said line and inserting in lieu thereof the following:

              "ephedrine its salts or optical isomers, or salts of optical isomers shall maintain logs, documents,"; and

              Further amend said bill, Page 18, Section 195.417, Line 48, by deleting all of said line and inserting in lieu thereof the following:

              "preparations that are excluded from Schedule V"; and

              Further amend said bill, Page 18, Section 195.417, Lines 55 and 56, by deleting all of said lines and inserting in lieu thereof the following:

              "offer for sale pseudoephedrine and ephedrine products, except those that are excluded from Schedule V in subsection 17 or 18 of section"; and

              Further amend said bill, Pages 18 and 19, Section 195.417, Lines 66 to 71, by deleting all of said lines and inserting in lieu thereof the following:

               "8. The provisions of subsection 2 of this section limiting individuals from purchasing the specified amount in any thirty-day period shall not apply to any compounds, mixtures, or preparations that are in liquid or liquid-filled gel capsule form. However, no person shall purchase, receive, or otherwise acquire more than nine grams of any compound, mixture, or preparation excluded in subsection 17 or 18 of section 195.017, in a single purchase as provided in subsection 2 of this section."; and

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

            Representative Sander offered House Amendment No. 1 to House Amendment No. 1.

House Amendment No. 1

to

House Amendment No. 1

AMEND House Amendment No. 1 to House Committee Substitute for House Bill No. 441, Page 5 of said amendment, Line 12, by inserting after all of said line the following:

              “Further amend said bill, Page 18, Lines 59 to 61, by striking all of said lines and inserting in lieu thereof the following:

              '6. Within thirty days of the enactment of this section, any business entity which sells ephedrine or pseudoephedrine products in the course of legitimate business which is in the possession of pseudoephedrine and ephedrine products, and which does not have a state and federal controlled’ "; and

              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

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

            On motion of Representative Lipke, House Amendment No. 1, as amended, was adopted.

            Representative Lipke offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 441, Page 17, Section 195.017, Line 548, by inserting after all of said line the following:

              "20. The department of health and senior services shall promulgate rules under chapter 536, RSMo, regarding the security and storage of Schedule V controlled substances, as described in subdivision (3) of subsection 10 of this section, for distributors as registered by the department of health and senior services."; and

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

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

            Representative Bringer offered House Amendment No. 3.

            Representative Lipke raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.

            The Chair ruled the point of order well taken.

            On motion of Representative Lipke, HCS HB 441, as amended, was adopted.

            On motion of Representative Lipke, HCS HB 441, as amended, was ordered perfected and printed.

COMMITTEE REPORT

            Committee on Financial Institutions, Chairman Cunningham (145) reporting:

            Mr. Speaker: Your Committee on Financial Institutions, to which was referred HB 468, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

INTRODUCTION OF HOUSE BILLS

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

HB 560, introduced by Representatives Wright (137), Wood, Bearden, Nieves, Stevenson, Goodman, Dempsey, Wilson (130), Roark, Sutherland, Emery, Denison, Ruestman, Wilson (119), Cunningham (145), Richard, Sater, Bland, Parson, Weter, Wells, Nolte, Phillips, Faith, Fisher, Kelly, Brown (30), Lembke, Flook, Portwood, Bean, Baker (123), Chinn, St. Onge, Kingery, Davis, Wright (159), Hunter, Behnen, Sander, Hobbs, Franz, Pollock, Munzlinger, Dusenberg, Pearce, Schad, Loehner, Icet, Day, Bivins, Tilley, Kraus, Yates, Parker, Smith (14), Rector, Jones, Cooper (155), Moore, Ervin, Bruns, Schlottach, Schneider, Jackson, Myers, Cunningham (86), Lipke, Black, Smith (118) and Stefanick, relating to limiting the number of excursion gambling boat licenses issued by the gaming commission.

HB 561, introduced by Representatives Kratky, Chappelle-Nadal, Daus, Wright-Jones, Oxford and Johnson (61), relating to park rangers of the City of St. Louis.

HB 562, introduced by Representative Wood, relating to the buyers club law.

HB 563, introduced by Representatives Rucker, Wildberger and Schaaf, relating to drainage and levee districts.

HB 564, introduced by Representatives Boykins, Parker, Chappelle-Nadal, Storch, Johnson (61), Walton, Shoemyer, Sanders Brooks, Daus, Bland, Hubbard, Wright-Jones, Hoskins, Bowman, Haywood, Dougherty, Schneider, Portwood, Moore, Roark, Vogt, Selby, Brown (30), Oxford, Yaeger, Meiners, Liese, Dempsey, Johnson (47), St. Onge, Lowe (44), Page, Wagner, Witte, El-Amin, Brown (50), Curls, Donnelly, Fraser, Spreng, Burnett, George, Schoemehl, Young, Corcoran, Kratky, Harris (23), Villa and Meadows, relating to stolen license plate tabs.

HB 565, introduced by Representatives Oxford, Roorda, Bowman, Chappelle-Nadal and El-Amin, relating to the taxicab industry.

HB 566, introduced by Representatives Hughes, Low (39), Meiners, Jolly, Salva, Bland, Young, Lowe (44), Chappelle-Nadal, LeVota, Wright-Jones, Hoskins, Parker, Wildberger, Page, Walsh, Haywood, Dougherty, El-Amin, Storch, Rucker, Brown (50), Sanders Brooks, Skaggs, Curls, Johnson (61) and Burnett, relating to title loans.

HB 567, introduced by Representatives Stevenson and Harris (110), relating to condemnation proceedings.

HB 568, introduced by Representatives Stevenson, Phillips and Brown (30), relating to protection of children.

HB 569, introduced by Representatives Stevenson, Wilson (130) and Brown (30), relating to vehicles abandoned at automobile repair business.

HB 570, introduced by Representative Stevenson, relating to an intensive long-term program for the treatment of chronic nonviolent offenders with serious substance abuse addictions.

HB 571, introduced by Representatives Stevenson, Fisher, Hunter, Phillips, Munzlinger, Bivins, Moore and Day, relating to prevailing wages in certain counties.

HB 572, introduced by Representatives Stevenson, Wilson (130), Self, Bivins and Moore, relating to juvenile courts.

HB 573, introduced by Representative Stevenson, for the sole purpose of repealing certain expired, sunset, terminated, and ineffective statutory provisions as identified by the joint committee on legislative research.

HB 574, introduced by Representatives Stevenson and Phillips, relating to child abuse and neglect.

HB 575, introduced by Representative Cooper (158), relating to collection of passport fees.

HB 576, introduced by Representatives Flook, Ervin, Baker (123), Nance, Pollock, Myers, Dempsey, Cooper (158), Parker, Moore, Behnen, Yates, Stevenson, Goodman, McGhee, Byrd, Fisher, Wright (159), Pratt, Kingery, St. Onge, Lipke, Guest, Kraus, Bivins, Cooper (155), Emery, Rector and Brown (30), relating to small business.

HB 577, introduced by Representatives Kuessner, Robinson, Kratky, Whorton, Sander, Denison, Henke, Roorda, Wagner, Dethrow, Day, Wood, Wells, Wasson and Guest, relating to city boards.

HB 578, introduced by Representatives Johnson (61), Page, Yaeger, Sanders Brooks, Chapelle-Nadal, Oxford and Sater, relating to cameras at intersections.

HB 579, introduced by Representative Johnson (61), relating to school board membership.

HB 580, introduced by Representative Byrd, relating to child abuse and neglect reports.

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 SCS SB 98, entitled:

            An act to repeal sections 172.020, 173.005, 174.020, 174.231, 174.241, 174.250, 174.251, 174.253, 174.261, 174.300, 174.310, 174.320, 174.324, 174.450, 174.453, and 176.010, RSMo, and to enact in lieu thereof sixteen new sections relating to state institutions of higher education.

            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 SBs 202, 33, 45, 183 & 217, entitled:

            An act to repeal section 287.845, RSMo, and to enact in lieu thereof two new sections relating to retirement, with an emergency clause.

            Emergency clause adopted.

            In which the concurrence of the House is respectfully requested.

ADJOURNMENT

            On motion of Representative Goodman, the House adjourned until 10:00 a.m., Thursday, February 17, 2005.

COMMITTEE MEETINGS

APPROPRIATIONS - EDUCATION

Thursday, February 17, 2005, Hearing Room 1 upon morning adjournment.

Presentation from the Department of Elementary and Secondary Education continued.

Meeting will begin thirty minutes after morning adjournment.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Monday, February 21, 2005, 12:00 p.m. Hearing Room 5.

Markup for Departments of Transportation, Economic Development,

Insurance, Labor and Industrial Relations.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, February 22, 2005, 8:00 a.m. Hearing Room 5.

Markup for Departments of Transportation, Economic Development,

Insurance, Labor and Industrial Relations.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, February 22, 2005, 2:45 p.m. Hearing Room 5.

Markup for Departments of Transportation, Economic Development,

Insurance, Labor and Industrial Relations.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Wednesday, February 23, 2005, 2:45 p.m. Hearing Room 5.

Markup for Departments of Transportation, Economic Development,

Insurance, Labor and Industrial Relations.

BUDGET

Thursday, February 17, 2005, 8:00 a.m. Hearing Room 3.

Markup will be held on: HB 14

JOINT COMMITTEE ON LEGISLATIVE RESEARCH

Thursday, February 17, 2005, Hearing Room 1 upon morning adjournment.

Organizational meeting and any other business.

LOCAL GOVERNMENT

Thursday, February 17, 2005, 8:00 a.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 347, HB 91

RULES

Thursday, February 17, 2005, 9:00 a.m. Hearing Room 4.

Executive session may follow.

Public hearings to be held on: HCS HB 94 & 185, HR 222, HR 163,

HR 134, HR 96, HR 12, HR 11, HCR 15, HCR 11, HCR 9, HCR 3

SENIOR CITIZEN ADVOCACY

Thursday, February 17, 2005, 8:00 a.m. Hearing Room 1.

Executive session may follow.

Public hearings to be held on: HB 110, HB 204, HB 228

SPECIAL COMMITTEE ON EDUCATION FUNDING

Monday, February 21, 2005, 6:00 p.m. Hearing Room 1.

Public hearing to be held on: HB 55

TOURISM

Thursday, February 24, 2005, 9:00 a.m. House Lounge.

Presentation of the annual report by the Tourism Commission.

HOUSE CALENDAR

TWENTY-FIFTH DAY, THURSDAY, FEBRUARY 17, 2005

HOUSE BILLS FOR SECOND READING

HB 560 through HB 580

HOUSE BILLS FOR THIRD READING

1          HCS HB 393 - Byrd

2          HCS HB 441, E.C. - Lipke

SENATE BILLS FOR SECOND READING

1          SS SCS SB 98

2          SCS SBs 202, 33, 45, 183 & 217