Second Regular Session, 92nd General Assembly
TWENTY-SECOND DAY, Monday, February 16, 2004
The House met pursuant to adjournment.
Speaker Hanaway in the Chair.
Prayer by Reverend James Earl Jackson.
Heavenly Father, we honor Your Word which says, "Those who control their anger have great understanding; those with a hasty temper will make mistakes." We ask for a calm and undisturbed mind and heart that we may be able to judge rightly information set before us, listen intently to discussions on the floor, and calmly make decisions based on sound principles.
But first, we would be negligent, if we did not thank You for allowing us to enjoy the beauty of family, life, health and liberty. Help us to remember the simple things in life that we may appreciate even more the privilege of serving one another.
Whatever the present need, trial, or struggle might be, You are the One who governs cycles and seasons. Our seasons are in Your hands.
May Your grace be sufficient for all we do.
In the name of Your Son we pray. Amen.
Representative Dixon introduced the Springfield Central High School Choir who performed “The Star-Spangled Banner” and “God Bless America” in honor of Presidents’ Day.
The Pledge of Allegiance to the flag was recited.
Representative Davis (19) assumed the Chair.
The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Stephanie Dusek, Andrew Carnahan, Austin Carnahan, Becca Lamprich, Connor Grumich, Lea Munzlinger, Andrew Weingart, Colin Schulte, Katie Phillips and Andrew Phillips.
The Journal of the twenty-first day was approved as printed by the following vote:
AYES: 161 |
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Abel |
Angst |
Baker |
Barnitz |
Bean |
Bearden |
Behnen |
Bishop |
Bivins |
Black |
Bland |
Bough |
Boykins |
Bringer |
Brooks |
Brown |
Bruns |
Burnett |
Byrd |
Campbell |
Carnahan |
Cooper 120 |
Cooper 155 |
Corcoran |
Crawford |
Crowell |
Cunningham 145 |
Cunningham 86 |
Curls |
Darrough |
Daus |
Davis 122 |
Davis 19 |
Deeken |
Dempsey |
Dethrow |
Dixon |
Donnelly |
Dougherty |
Dusenberg |
El-Amin |
Emery |
Engler |
Ervin |
Fares |
Fraser |
George |
Goodman |
Graham |
Green |
Guest |
Hampton |
Harris 110 |
Harris 23 |
Haywood |
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 |
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 |
Sager |
Salva |
Sander |
Schaaf |
Schlottach |
Schneider |
Schoemehl |
Seigfreid |
Selby |
Self |
Shoemaker |
Shoemyer |
Skaggs |
Smith 118 |
Smith 14 |
Spreng |
St. Onge |
Stefanick |
Stevenson |
Sutherland |
Swinger |
Taylor |
Thompson |
Threlkeld |
Townley |
Viebrock |
Villa |
Vogt |
Wagner |
Walker |
Wallace |
Walsh |
Walton |
Ward |
Wasson |
Whorton |
Wildberger |
Willoughby |
Wilson 119 |
Wilson 130 |
Wilson 25 |
Wilson 42 |
Witte |
Wood |
Wright |
Yaeger |
Yates |
Young |
Zweifel |
Madam Speaker |
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NOES: 000 |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 002 |
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Avery |
Lembke |
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HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 572 - Representative Goodman
House Resolution No. 573
and
House Resolution No. 574 - Representative Brown
House Resolution No. 575 - Representative Dusenberg
House Resolution No. 576
through
House Resolution No. 581 - Representative Crowell
House Resolution No. 582 - Representative Fares
House Resolution No. 583 - Representative Darrough
House Resolution No. 584
and
House Resolution No. 585 - Representative Townley
House Resolution No. 586 - Representative Swinger
House Resolution No. 587 - Representative Goodman
INTRODUCTION OF HOUSE BILLS
The following House Bills were read the first time and copies ordered printed:
HB 1486, introduced by Representatives Fraser, Riback Wilson (25), Donnelly, Walker, Bishop, Wilson (42), Hilgemann and Campbell, relating to licensure of homes for children.
HB 1487, introduced by Representative Self, relating to kidnapping of a child.
HB 1488, introduced by Representatives Wagner and Ward, relating to employee salaries within the Missouri department of transportation.
HB 1489, introduced by Representatives Barnitz, Purgason, Shoemyer, Dethrow, Kuessner, Schlottach, Ward and Angst, relating to operation of all-terrain vehicles.
HB 1490, introduced by Representatives Mayer and Bishop, relating to misuse of a power of attorney.
HB 1491, introduced by Representatives Burnett and LeVota, relating to search warrants.
HB 1492, introduced by Representatives Henke, Dougherty, Hampton, Selby, Kuessner, Swinger, Harris (110), Witte, Ransdall, Seigfreid, Davis (122), Lawson, Shoemyer, Bringer, Ward and Barnitz, relating to tobacco settlement moneys.
HB 1493, introduced by Representatives Emery, Donnelly, Bough, Wilson (130), George and Miller, relating to electric territorial agreements.
SECOND READING OF HOUSE BILLS
HB 1472 through HB 1485 were read the second time.
PERFECTION OF HOUSE BILL
HCS HB 1380, relating to a career ladder for teachers, was taken up by Representative Lager.
HCS HB 1380 was laid over.
REFERRAL OF HOUSE BILL
The following House Bill was referred to the Committee indicated:
HCS HB 1040 - Budget (Fiscal Note)
MESSAGES 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 SCR 34.
SENATE CONCURRENT RESOLUTION NO. 34
WHEREAS, Missouri's Rehabilitation Services for the Blind is housed within the Department of Social Services; and
WHEREAS, Rehabilitation Services for the Blind is in place to create opportunities for eligible blind and visually impaired persons so that they may attain personal and vocational success; and
WHEREAS, the services provided by Rehabilitation Services for the Blind (RSB) assist people with varying degrees of visual impairment, ranging from those who cannot read regular print to those who are totally blind and serve a vital role for those persons seeking its services; and
WHEREAS, changing the status of Rehabilitation Services for the Blind from one of many "programs" within the Department of Social Services to its own division is necessary:
(1) Because the number of eligible blind and visually-impaired person increases substantially each year; and
(2) To ensure that Rehabilitation Services for the Blind continues to provide the most efficient and beneficial services to eligible blind and visually-impaired persons; and
(3) To ensure that the new director of the Division of Rehabilitation Services for the Blind can maintain better control of the services provided and can continue to receive the appropriate funding from the state of Missouri:
NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-Second General Assembly, Second Regular Session, the House of Representatives concurring therein, hereby request the Governor to authorize by Executive Order the transfer of all duties, functions and responsibilities of Rehabilitation Services for the Blind from "program" status within the Department of Social Services and thereby creating the Division of Rehabilitation Services for the Blind which will raise its level of distinction within the Department; and
BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare a properly inscribed copy of this resolution for the Governor.
In which the concurrence of the House is respectfully requested.
Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 980, entitled:
An act to repeal sections 21.770, 28.085, 28.163, 30.900, 31.010, 32.051, 32.380, 33.571, 37.090, 42.160, 58.755, 72.424, 82.460, 94.580, 103.081, 105.268, 115.177, 128.345, 128.346, 128.350, 128.352, 128.354, 128.356, 128.358, 128.360, 128.362, 128.364, 128.366, 135.095, 137.423, 140.015, 143.107, 143.122, 143.1010, 143.1011, 143.1012, 144.030, 144.036, 144.041, 152.032, 160.300, 160.302, 160.304, 160.306, 160.308, 160.310, 160.312, 160.314, 160.316, 160.318, 160.320, 160.322, 160.324, 160.326, 160.328, 160.550, 161.205, 161.655, 163.025, 169.710, 171.033, 173.710, 173.715, 173.718, 173.721, 178.630, 191.938, 192.255, 197.305, 197.312, 197.314, 197.317, 197.318, 197.345, 197.355, 197.366, 198.014, 198.540, 205.380, 205.390, 205.400, 205.410, 205.420, 205.430, 205.440, 205.450, 208.177, 208.307, 210.879, 210.930, 215.050, 253.022, 253.230, 277.200, 277.201, 277.202, 277.206, 277.209, 277.212, 277.215, 292.260, 292.270, 292.280, 292.290, 292.500, 313.300, 313.301, 319.022, 351.025, 354.065, 376.530, 376.550, 388.650, 391.010, 391.020, 391.030, 391.040, 391.050, 391.060, 391.070, 391.080, 391.090, 391.100, 391.110, 391.120, 391.130, 391.140, 391.150, 391.160, 391.170, 391.180, 391.190, 391.230, 391.240, 391.250, 391.260, 400.9-629, 415.430, 417.066, 442.050, 516.060, 516.065, 537.040, 600.094, 620.528, 620.1310, 632.484, and 644.102, RSMo, and to enact in lieu thereof fifteen new sections for the sole purpose of repealing certain expired, sunset, terminated, and ineffective statutory provisions as identified by the joint committee on legislative research pursuant to section 23.205, RSMo.
In which the concurrence of the House is respectfully requested.
WITHDRAWAL OF HOUSE BILLS
February 10, 2004
The Honorable Catherine Hanaway
Speaker of the House
State Capitol
Jefferson City, MO 65101
Dear Speaker Hanaway:
I hereby respectfully request that House Bill 1308 be withdrawn from consideration. Your attention to this matter is appreciated.
Sincerely,
Representative Curt Dougherty
District 53
__________
DATE: February 16, 2004
TO: Steve Davis, Chief Clerk, Missouri House of Representatives
FROM: Representative Bill Deeken, District 114
SUBJECT: Request to Withdraw House Bill 1431
I am requesting that House Bill 1431 be withdrawn. This bill does not express the content for which I had intended. Should you have any questions or need additional information, please let me know.
ADJOURNMENT
On motion of Representative Crowell, the House adjourned until 10:00 a.m., Tuesday, February 17, 2004.
COMMITTEE MEETINGS
AGRICULTURE
Tuesday, February 17, 2004, 12:00 p.m. Hearing Room 1.
Possible Executive session.
Public hearing to be held on: HB 1176
APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES
Tuesday, February 17, 2004, 8:00 a.m. Hearing Room 4.
Mark up for the Department of Natural Resources.
Hearing may continue at 2:30 p.m. or upon afternoon adjournment.
APPROPRIATIONS - EDUCATION
Tuesday, February 17, 2004, 8:00 a.m. Hearing Room 1.
Mark up will be held on: HB 1002
APPROPRIATIONS - EDUCATION
Wednesday, February 18, 2004, 3:00 p.m. Hearing Room 1.
Mark up on HB 1002 continued and possible mark up on HB 1003.
APPROPRIATIONS - GENERAL ADMINISTRATION
Tuesday, February 17, 2004, 8:30 a.m. Hearing Room 7.
Office of Administration, Office of the State Treasurer and Office of the Attorney General.
CANCELLED
APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES
Tuesday, February 17, 2004, 8:00 a.m. Hearing Room 3.
Departments of Health, Mental Health, and Social Services.
APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES
Wednesday, February 18, 2004, 8:00 a.m. Hearing Room 3.
Public testimony. Departments of Health, Mental Health, and Social Services. CANCELLED
APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES
Wednesday, February 18, 2004, 2:30 p.m. Hearing Room 3.
Departments of Health, Mental Health, and Social Services.
APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES
Thursday, February 19, 2004, 8:00 a.m. Hearing Room 3.
Departments of Health, Mental Health, and Social Services. Public testimony. AMENDED
APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT
Tuesday, February 17, 2004, 8:00 a.m. Hearing Room 5.
Mark up for the Departments of Labor, Insurance, Transportation, and Economic Development.
APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT
Wednesday, February 18, 2004, 3:00 p.m. Hearing Room 5.
Mark up for the Departments of Labor, Insurance, Transportation, and Economic Development.
BUDGET
Wednesday, February 18, 2004, 8:00 a.m. Hearing Room 3.
Fiscal Review on HB 1040.
Executive session will be held on: HB 1014
CHILDREN AND FAMILIES
Tuesday, February 17, 2004, 5:00 p.m. Hearing Room 1.
Executive session may follow.
Public hearing to be held on: HB 1453
COMMUNICATIONS, ENERGY AND TECHNOLOGY
Tuesday, February 17, 2004, Hearing Room 3 upon morning adjournment.
Executive session may follow.
Public hearings to be held on: HB 1156, HB 1171, HB 766
CONSERVATION AND NATURAL RESOURCES
Wednesday, February 18, 2004, 12:00 p.m. Hearing Room 5.
Executive session may follow.
Public hearings to be held on: HB 1276, HJR 35, HB 1209, HJR 27
CRIME PREVENTION AND PUBLIC SAFETY
Tuesday, February 17, 2004, Hearing Room 3 upon afternoon adjournment.
Executive session may follow.
Public hearings to be held on: HB 1059, HB 918, HB 1311, HB 1387, HB 1388, HB 1243
ELECTIONS
Tuesday, February 17, 2004, 5:00 p.m. Hearing Room 7.
Public hearings to be held on: HB 900, HB 1150, HB 1039
Executive session will be held on: HB 949, HB 962
ETHICS
Tuesday, February 17, 2004, 5:00 p.m. Hearing Room 4.
MO Forest Products Caucus, Dairy Caucus and Forming Arts Caucus.
Executive session may follow.
FINANCIAL SERVICES
Tuesday, February 17, 2004, 12:00 p.m. Hearing Room 6.
Public hearings to be held on: HB 936, HB 938, HB 1159, HB 990
Executive session will be held on: HB 1198
HOMELAND SECURITY AND VETERANS AFFAIRS
Tuesday, February 17, 2004, 5:00 p.m. Hearing Room 5.
Executive session may follow.
Public hearings to be held on: HB 957, HB 1152
JOINT COMMITTEE ON CORRECTIONS
Thursday, February 19, 2004, 8:30 a.m. Hearing Room 5.
Regular business meeting.
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.
LOCAL GOVERNMENT
Thursday, February 19, 2004, 8:15 a.m. Hearing Room 6.
Executive session may follow. AMENDED
Public hearings to be held on: HB 975, HB 880, HB 843, HB 1042, HB 947, HB 1047, HB 1275
PROFESSIONAL REGISTRATION AND LICENSING
Tuesday, February 17, 2004, 12:00 p.m. Hearing Room 4.
Public hearings to be held on: HB 985, HB 1224, HB 1246, HB 905
Executive session may be held on: HB 955, HB 1195, HB 998
SENIOR SECURITY
Tuesday, February 17, 2004, 5:00 p.m. Hearing Room 6.
Executive session may follow. AMENDED
Public hearings to be held on: HB 1302, HB 1371
SMALL BUSINESS
Wednesday, February 18, 2004, Hearing Room 4, noon or upon adjournment.
Public hearing to be held on: HB 1286
SPECIAL COMMITTEE ON GENERAL LAWS
Thursday, February 19, 2004, 8:00 a.m. Hearing Room 4.
Executive session possible.
Public hearings to be held on: HB 1363, HB 1193
TAX POLICY
Tuesday, February 17, 2004, Hearing Room 7, 12:00 p.m. or upon morning adjournment.
Executive session may follow. AMENDED
Public hearings to be held on: HB 1267, HB 1343, HB 1235
TOURISM AND CULTURAL AFFAIRS
Tuesday, February 17, 2004, 12:00 p.m. Hearing Room 5.
Possible Executive session.
Public hearings to be held on: HB 1056, HB 1194
TOURISM AND CULTURAL AFFAIRS
Thursday, February 19, 2004, 9:00 a.m. House Lounge.
Joint committee meeting with the Senate Economic Development, Tourism
and Local Government Committee.
TRANSPORTATION AND MOTOR VEHICLES
Wednesday, February 18, 2004, 12:00 p.m. Hearing Room 7.
Public hearings to be held on: HB 1080, HB 770, HB 1109, HB 883,
HB 1317, HB 1118, HB 1142, HB 1259, HB 1288, HB 1439
Executive session may be held on: HB 912, HB 826, HB 1029, HB 1167,
HB 1114, HB 937, HB 1108
HOUSE CALENDAR
TWENTY-THIRD DAY, TUESDAY, FEBRUARY 17, 2004
HOUSE BILLS FOR SECOND READING
HB 1486 through HB 1493
HOUSE JOINT RESOLUTION FOR PERFECTION
HCS HJR 28 - Roark (139)
HOUSE BILLS FOR PERFECTION
1 HCS HB 946, 1106 & 952 - Crawford (117)
2 HCS HB 1105, 1062, 1111, 1113 & 1119 - Crawford (117)
3 HCS HB 1041, as amended - Cunningham (86)
4 HCS HB 1268 & 1211 - Smith (118)
5 HCS HB 978 - Baker (123)
6 HCS HB 1380 - Lager (4)
HOUSE BILLS FOR THIRD READING
1 HCS HB 980, (Budget 2-04-04) - Myers (160)
2 HCS HB 1040, (Budget 2-16-04), E.C. - Cunningham (86)
HOUSE BILL FOR THIRD READING - CONSENT
HB 994 - Cunningham (145)
SENATE BILL FOR SECOND READING
SCS SB 980