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Journal of the House


Second Regular Session, 92nd General Assembly




FORTY-SIXTH DAY, Monday, April 5, 2004

 

The House met pursuant to adjournment.


            Speaker Pro Tem Jetton in the Chair.


            Prayer by Reverend James Earl Jackson.


              Heavenly Father, it is written, "The purity of silver and gold can be tested in a crucible, but a man is tested by his reaction to men's praise." Help us to remain steadfast in the face of praise or criticism; continuing unhampered in our resolve to complete the difficult tasks, which lie ahead.


              A book with blank pages is opened to us today. Help us to write concisely, with wisdom, words that will accurately shape the future of this state and its citizens. Our knowledge is finite, Yours is infinite; guide us down the path of Your knowing.


              And now unto You be glory both now and forever....

 

              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: Matthew Smith and Kyle McCallister.


            The Journal of the forty-fifth day was approved as corrected by the following vote:


AYES: 148

 

Abel

Angst

Baker

Barnitz

Bean

Bearden

Behnen

Bivins

Black

Bland

Bough

Bringer

Bruns

Burnett

Byrd

Campbell

Cooper 120

Cooper 155

Corcoran

Crawford

Crowell

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis 122

Davis 19

Deeken

Dempsey

Dethrow

Dixon

Dougherty

Dusenberg

El-Amin

Emery

Engler

Ervin

Fares

Fraser

Goodman

Graham

Green

Guest

Harris 110

Harris 23

Henke

Hilgemann

Hobbs

Holand

Hoskins

Hubbard

Hunter

Icet

Jackson

Jetton

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly 144

Kelly 36

King

Kingery

Kratky

Kuessner

Lager

Lawson

Lembke

LeVota

Liese

Lipke

Lowe

Luetkemeyer

Marsh

May

Mayer

McKenna

Meadows

Meiners

Miller

Moore

Morris

Muckler

Munzlinger

Myers

Nieves

Page

Parker

Pearce

Phillips

Portwood

Pratt

Purgason

Quinn

Ransdall

Rector

Reinhart

Richard

Roark

Ruestman

Rupp

Salva

Sander

Schaaf

Schlottach

Schoemehl

Seigfreid

Selby

Self

Shoemaker

Shoemyer

Skaggs

Smith 118

Smith 14

Spreng

St. Onge

Stefanick

Stevenson

Sutherland

Swinger

Taylor

Thompson

Threlkeld

Townley

Viebrock

Villa

Wagner

Walker

Wallace

Walsh

Ward

Wasson

Whorton

Wildberger

Willoughby

Wilson 119

Wilson 130

Wilson 42

Witte

Wood

Wright

Yaeger

Yates

Young

Zweifel

 Madam Speaker

 

 

NOES: 004

 

Donnelly

Sager

Vogt

Wilson 25

 

 

PRESENT: 000

 

ABSENT WITH LEAVE: 011

 

Avery

Bishop

Boykins

Brooks

Brown

Carnahan

George

Hampton

Haywood

Schneider

Walton

 

 

            Representative Bruns assumed the Chair.

 

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 1410 - Representative Hanaway

House Resolution No. 1411 - Representative Munzlinger

House Resolution No. 1412

through

House Resolution No. 1425 - Representative Moore

House Resolution No. 1426 - Representative Hubbard, et al

House Resolution No. 1427

                        and

House Resolution No. 1428 - Representative Hunter

            House Resolution No. 1429 - Representative Munzlinger

            House Resolution No. 1430

                        and

            House Resolution No. 1431 - Representative Yates

            House Resolution No. 1432

                        and

House Resolution No. 1433 - Representative Rector

House Resolution No. 1434 - Representative Ruestman

House Resolution No. 1435 - Representative Ruestman, et al

House Resolution No. 1436 - Representative Kelly (36)

 

House Resolution No. 1437 - Representative Ward

House Resolution No. 1438 - Representative Rupp

House Resolution No. 1439 - Representative LeVota, et al

House Resolution No. 1440 - Representative Salva, et al

            House Resolution No. 1441 - Representative Graham

            House Resolution No. 1442

                        and

            House Resolution No. 1443 - Representative Brown

            House Resolution No. 1444 - Representative Wilson (130)

            House Resolution No. 1445 - Representative Wallace

            House Resolution No. 1446 - Representative Harris (23), et al

            House Resolution No. 1447 - Representative Kelly (144)

            House Resolution No. 1448 - Representative Dixon

 

INTRODUCTION OF HOUSE JOINT RESOLUTION


            The following House Joint Resolution was read the first time and copies ordered printed:


HJR 56, introduced by Representatives Yates, Crowell, Engler, Jetton, Pratt, Bean, King, Daus and Villa, relating to minimum age requirements for members of the general assembly.


INTRODUCTION OF HOUSE BILLS


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


HB 1715, introduced by Representatives May, Pratt, Meadows, Whorton, Sutherland, Harris (23), Smith (14), Kingery, Townley, Guest, Deeken, Morris, Threlkeld, Dusenberg, Quinn, Wilson (119), Nieves, Stevenson, Jetton, Bearden, Bivins and Jackson, relating to the designation of a memorial highway.


HB 1716, introduced by Representative Daus, relating to temporary license plates.


HB 1717, introduced by Representative Morris, relating to taxation of Social Security benefits.


HB 1718, introduced by Representative Morris, relating to liability of health service providers.


SECOND READING OF HOUSE BILLS


            HB 1707 through HB 1714 were read the second time.


SECOND READING OF SENATE BILLS


            SS SCS SB 1081, SCS SB 1220, SCS SB 1247, and SS SS SCS SB 1371 were read the second time.


RECESS


            On motion of Representative Crowell, the House recessed until all the budget bills were distributed.


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

 

REFERRAL OF HOUSE BILL


            The following House Bill was referred to the Committee indicated:


HB 1626 - Crime Prevention and Public Safety


RE-REFERRAL OF HOUSE BILL


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


HB 1703 - Financial Services


REFERRAL OF SENATE BILL


            The following Senate Bill was referred to the Committee indicated:


SCS SB 1212 - Local Government

 

COMMITTEE REPORTS


            Committee on Budget, Chairman Bearden reporting:


            Madam Speaker: Your Committee on Budget, to which was referred HB 1001, begs leave to report it has examined the same and recommends that it Do Pass.


            Madam Speaker: Your Committee on Budget, to which was referred HB 1002, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.


            Madam Speaker: Your Committee on Budget, to which was referred HB 1003, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.


            Madam Speaker: Your Committee on Budget, to which was referred HB 1004, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.


            Madam Speaker: Your Committee on Budget, to which was referred HB 1005, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.


            Madam Speaker: Your Committee on Budget, to which was referred HB 1006, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.


            Madam Speaker: Your Committee on Budget, to which was referred HB 1007, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.


            Madam Speaker: Your Committee on Budget, to which was referred HB 1008, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.


            Madam Speaker: Your Committee on Budget, to which was referred HB 1009, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.


            Madam Speaker: Your Committee on Budget, to which was referred HB 1010, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.


            Madam Speaker: Your Committee on Budget, to which was referred HB 1011, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.


            Madam Speaker: Your Committee on Budget, to which was referred HB 1012, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.


            Committee on Health Care Policy, Chairman Holand reporting:


            Madam Speaker: Your Committee on Health Care Policy, to which was referred HB 1477 and HB 1563, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.


            Committee on Workforce Development and Workplace Safety, Chairman Hunter reporting:


            Madam Speaker: Your Committee on Workforce Development and Workplace Safety, to which was referred HB 844, begs leave to report it has examined the same and recommends that it Do Pass.

            CONFERENCE COMMITTEE REPORT

 ON

SENATE COMMITTEE SUBSTITUTE

 FOR

HOUSE COMMITTEE SUBSTITUTE

 FOR

HOUSE BILL NO. 1014


The Conference Committee appointed on Senate Committee Substitute for House Committee Substitute for House Bill No. 1014 begs leave to report that we, after free and fair discussion of the differences, have agreed to recommend and do recommend to the respective bodies as follows:

 

1.         That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1014.

 

2.        That the House recede from its position on House Committee Substitute for House Bill No. 1014.

 

3.        That the attached Conference Committee Substitute for House Bill No. 1014, be truly agreed to and finally passed. 

 

                        FOR THE SENATE:                          FOR THE HOUSE:

 

                        /s/ Sen. John T. Russell                      /s/ Rep. Carl Bearden

                        /s/ Sen. Chuck Gross                          /s/ Rep. Brad Lager

                        /s/ Sen. Doyle Childers                       /s/ Rep. Chuck Purgason

                        /s/ Sen. Wayne Goode                        /s/ Rep. Marsha Campbell

                        /s/ Sen. Pat Dougherty                        /s/ Rep. Paul LeVota

 

SUPPLEMENTAL CALENDAR

(April 5, 2004)


HOUSE BILLS FOR PERFECTION - APPROPRIATIONS


1          HB 1001 - Bearden

2          HCS HB 1002 - Bearden

3          HCS HB 1003 - Bearden

4          HCS HB 1004 - Bearden

5          HCS HB 1005 - Bearden

6          HCS HB 1006 - Bearden

7          HCS HB 1007 - Bearden

8          HCS HB 1008 - Bearden

9          HCS HB 1009 - Bearden

10        HCS HB 1010 - Bearden

11        HCS HB 1011 - Bearden

12        HCS HB 1012 - Bearden


ADJOURNMENT


            On motion of Representative Crowell, the House adjourned as of 12:30 a.m., Tuesday, April 6, 2004, until 10:00 a.m., Tuesday, April 6, 2004.

 







CORRECTION TO THE HOUSE JOURNAL


AFFIDAVIT


I, State Representative Scott T. Rupp, District 13, hereby state and affirm that my vote as recorded on Page 902 of the House Journal for Thursday, April 1, 2004 showing that I voted absent with leave was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted aye. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.


IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 5th day of April 2004.


                                                                                                    /s/ Scott T. Rupp

                                                                                                         State Representative


State of Missouri               )

                                           ) ss.

County of Cole                  )


Subscribed and sworn to before me this 5th day of April in the year 2004.


                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

___________

 

COMMITTEE MEETINGS


AGRICULTURE

Tuesday, April 6, 2004, 12:00 p.m. Hearing Room 1.

Possible Executive session.

Public hearings to be held on: HCR 21, HB 1523


BUDGET

Tuesday, April 6, 2004, 8:00 p.m. Hearing Room 3.

Possible Executive session.

Committee will hear all bills assigned or referred for fiscal review. AMENDED

Public hearing to be held on: HB 1617


BUDGET

Wednesday, April 7, 2004, 8:30 a.m. Hearing Room 3.

Bills that may be assigned or referred to committee for fiscal review.

Possible Executive session.


CHILDREN AND FAMILIES

Tuesday, April 6, 2004, Hearing Room 1 upon evening adjournment.

Executive session may follow.

Public hearings to be held on: HB 1339, HB 1263, SJR 29




COMMUNICATIONS, ENERGY AND TECHNOLOGY

Tuesday, April 6, 2004, Hearing Room 3 upon morning adjournment.

Executive session may follow.

Public hearings to be held on: SCS SB 1250, SCS SB 1177, SCS SB 961


CONSERVATION AND NATURAL RESOURCES

Wednesday, April 7, 2004, 12:00 p.m. Hearing Room 5.

Executive session may follow.

Public hearings to be held on: HB 1609, HB 1602, SCS SB 1040, SCS SB 901


CRIME PREVENTION AND PUBLIC SAFETY

Tuesday, April 6, 2004, Hearing Room 3 upon afternoon adjournment.

Executive session may follow.

Public hearings to be held on: HB 1590, HB 1626, HB 1650, SCS SB 788


ELECTIONS

Tuesday, April 6, 2004, Hearing Room 7 upon evening adjournment.

Executive session only.

Executive session will be held on: HB 1220, HB 1265, HB 1319, HB 1539, HJR 29, HJR 46


ETHICS

Tuesday, April 6, 2004, Hearing Room 4 upon afternoon adjournment.

Executive session may follow.

Missouri Cancer Caucus, FFA Caucus, House Chair Caucus.


FINANCIAL SERVICES

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

Executive session may occur. AMENDED

Public hearings to be held on: HB 1703, SCS SB 1038


HOMELAND SECURITY AND VETERANS AFFAIRS

Tuesday, April 6, 2004, Hearing Room 5 upon afternoon adjournment.

Executive session will follow.

Public hearings to be held on: SCS SB 1365


JOINT COMMITTEE ON ADMINISTRATIVE RULES

Thursday, April 8, 2004, Senate Lounge upon morning adjournment.

5 CSR 100-200.170 DESE Commission for the Deaf and Hard of hearing-

13 CSR 70-3.120 DSS - Division of Medical Services conditions of provider participation etc.


JUDICIARY

Wednesday, April 7, 2004, 12:00 p.m. Hearing Room 1.

Public hearings to be held on: HB 986, HB 1312, HB 1458, HB 1675, HB 1588, SB 1007, SB 1162

Executive session will be held on: HB 1143, HB 1148, HB 1229, HB 1588, HB 1646, HB 1675, HCR 13, HB 1065


LOCAL GOVERNMENT

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

Public hearings to be held on: SCS SB 1331, SCS SB 1093, SCS SB 1106, SB 1107, SCS SB 700, SCS SB 1075, SCS SB 1212

Executive session will be held on: SCS SB 782, SCS SBs 942, 850 & 841, SB 769


PROFESSIONAL REGISTRATION AND LICENSING

Tuesday, April 6, 2004, 12:00 p.m. Hearing Room 4.

Public hearings to be held on: SCS SB 962, SCS SBs 1027 & 896, SCS SB 1218, SB 1274

Executive session may be held on: HB 837


SENIOR SECURITY

Tuesday, April 6, 2004, Hearing Room 6 upon evening adjournment.

Executive session may follow.


SPECIAL COMMITTEE ON GENERAL LAWS

Tuesday, April 6, 2004, Hearing Room 5 upon morning adjournment.

Possible Executive session. AMENDED

Public hearings to be held on: HB 1671, SB 1052, SCS SBs 1020, 889 & 869, SCS SB 1253


TAX POLICY

Tuesday, April 6, 2004, 12:00 p.m. Hearing Room 7.

Executive session may follow. AMENDED

Public hearings to be held on: HB 901, HB 1435, HB 1648


TRANSPORTATION AND MOTOR VEHICLES

Wednesday, April 7, 2004, 12:00 p.m. Hearing Room 7.

Public hearings to be held on: HB 1582, HB 1666, HB 1667, HB 1401, SB 920

Executive session will be held on: SCS SB 767, SB 770, SCS SB 1006, SCS SJR 44, HB 1583,

HB 1592, HB 1499, HB 1525

 

HOUSE CALENDAR


FORTY-SEVENTH DAY, TUESDAY, APRIL 06, 2004


HOUSE JOINT RESOLUTION FOR SECOND READING


HJR 56


HOUSE BILLS FOR SECOND READING


HB 1715 through HB 1718




HOUSE JOINT RESOLUTION FOR PERFECTION


HCS HJR 28 - Roark (139)


HOUSE BILLS FOR PERFECTION - APPROPRIATIONS


1          HB 1001 - Bearden (16)

2          HCS HB 1002 - Bearden (16)

3          HCS HB 1003 - Bearden (16)

4          HCS HB 1004 - Bearden (16)

5          HCS HB 1005 - Bearden (16)

6          HCS HB 1006 - Bearden (16)

7          HCS HB 1007 - Bearden (16)

8          HCS HB 1008 - Bearden (16)

9          HCS HB 1009 - Bearden (16)

10        HCS HB 1010 - Bearden (16)

11        HCS HB 1011 - Bearden (16)

12        HCS HB 1012 - Bearden (16)


HOUSE BILLS FOR PERFECTION


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

2          HCS HB 1380 - Lager

3          HCS HB 1150 - May

4          HB 1092 - Deeken

5          HCS HB 1207 - Icet (84)

6          HCS HB 774 - Sander (22)

7          HCS HB 843, 880 & 1042 - Angst (146)

8          HCS HB 1099 - Reinhart (34)

9          HB 1424 - Stefanick (93)

10        HB 773 - Icet (84)

11        HB 1302 - Lager (4)

12        HCS HB 1453 - Hanaway (87)

13        HCS HB 1085 - Townley (112)

14        HCS HB 1195 - Behnen (2)

15        HB 1337 - Nieves (98)

16        HCS HB 1617 - Hanaway (87)

17        HB 1109 - Crawford (117)

18        HB 1160 - Parker (12)

19        HCS HB 1243, 1094 & 931 - Mayer (159)

20        HB 1409 - Richard (129)

21        HB 1664 - Hanaway (87)

22        HB 1665 - Hanaway (87)

23        HB 844 - Mayer (159)

24        HCS HB 1477 & 1563 - Schaaf (28)


HOUSE JOINT RESOLUTION FOR THIRD READING


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


HOUSE BILL FOR THIRD READING


HS HCS HB 1511 - Byrd (94)


HOUSE BILL FOR THIRD READING - FEDERAL MANDATE


HCS HB 1118, (Budget 4-01-04) - Schlottach (111)


HOUSE BILLS FOR THIRD READING - CONSENT


1          HCS HB 883 - Graham (24)

2          HB 1029, HCA 1 - Henke (11)

3          HB 1114 - Skaggs (31)

4          HCS HB 1524 - Ransdall (148)

5          HCS HB 1069 - Bivins (97)

6          HB 1454 - Swinger (162)

7          HB 1462 - Bean (163)


SENATE BILL FOR THIRD READING


HCS SB 1080 - Wallace (143)


BILLS IN CONFERENCE


1          HS HCS SS SCS SB 730, as amended - Portwood (92)

2          CCR SCS HCS HB 1014, as amended - Bearden (16)

3          CCR HCS SB 739, as amended - Myers (160)


VETOED HOUSE BILL


HCR 5 - Byrd (94)