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Almighty God, on this foggy morning, we pray for the gift of wisdom that will allow us to see clearly and with a long range of visibility, that we might accomplish the work of this day.

We join the prayer of Solomon, “Give your servant a heart to understand how to discern between good and evil,” (I Kings 3:9). That we might use this discernment throughout the day, we beseech You, O Lord.

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

AYES: 153

Aull	Baker 123	Baker 25	Barnitz	Bearden
Behnen	Black	Bland	Bowman	Boykins
Bringer	Brooks	Brown 30	Brown 50	Bruns
Burnett	Chappelle-Nadal	Casey	Chinn	Cooper 120
Cooper 155	Cooper 158	Corcoran	Cunningham 145	Cunningham 86
Curls	Darrough	Daus	Davis	Day
Deeken	Dempsey	Denison	Dethrow	Dixon
Donnelly	Dougherty	El-Amin	Emery	Ervin
Faith	Fares	Fisher	Flook	Franz
Fraser	George	Goodman	Guest	Harris 110
Harris 23	Haywood	Henke	Hobbs	Hoskins
Hubbard	Hughes	Hunter	Icet	Jackson
Johnson 47	Johnson 61	Johnson 90	Jolly	Jones
Kelly	Kingery	Kratky	Kraus	Kuessner
Lager	Lampe	Lembke	LeVota	Liese
Lipke	Loehner	Low 39	Lowe 44	Marsh
May	McGhee	Meadows	Meiners	Moore
Munzlinger	Muschany	Myers	Nance	Nieves
Nolte	Oxford	Page	Parker	Parson
Pearce	Phillips	Pollock	Portwood	Pratt
Rector	Richard	Roark	Robb	Robinson
Rucker	Ruestman	Rupp	Salva	Sander
Sater	Schaaf	Schad	Schlottach	Schneider
Schoemehl	Selby	Self	Shoemyer	Skaggs
Smith 118	Smith 14	Spreng	Stefanick	Stevenson
St. Onge	Storch	Swinger	Threlkeld	Viebrock
Villa	Vogt	Wagner	Wallace	Walsh
Walton	Wasson	Wells	Weter	Whorton
Wildberger	Wilson 119	Wilson 130	Witte	Wood
Wright-Jones	Wright 137	Wright 159	Yaeger	Yates
Young	Zweifel	Mr Speaker

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 009

Avery	Bean	Bivins	Byrd	Dusenberg
Quinn	Roorda	Sutherland	Tilley

VACANCIES: 001

SCS SB 24, SCS SB 69, SCS SB 70, SB 86, SB 99, SCS SB 100, SB 141, SB 174, SB 178 and SB 180 were read the second time.

HCS HB 347, relating to defective residential construction, was taken up by Representative Pratt.

AMEND House Committee Substitute for House Bill No. 347, Page 4, Section 431.306.1, Line 8, by adding the following:

“This requirement shall not apply if the contractor has failed to respond to the claimant’s written notice within fourteen days.”

AMEND House Committee Substitute for House Bill No. 347, Section 431.303, Page 3, Line 10, by deleting "said act" and inserting in lieu thereof "sections 431.300 to 431.315"; and

Further amend said section and page, Line 11, by deleting "in a single and separate document"; and

Further amend said section, Page 4, Line 24, by deleting "MUST FILE" and inserting in lieu thereof "MUST SERVE"; and

Further amend said section and page, Line 33, by deleting "431.306(10)" and inserting in lieu thereof "431.306.10"; and

Further amend said section and page, Line 36, by deleting "431.312" and inserting in lieu thereof "431.315"; and

Further amend said section and page, Line 40, by deleting "section 431.303" and inserting in lieu thereof "this section"; and

Further amend said section and page, Line 45, by deleting "or" and inserting in lieu thereof "for"; and

Further amend said House Committee Substitute, Section 431.306, Page 8, Line 144, by deleting "2" and inserting in lieu thereof "1"; and

Further amend said section and page, Line 146, by deleting "claimants" and inserting in lieu thereof "claimant"; and

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

AMEND House Committee Substitute for House Bill No. 347, Section 431.309, Pages 8-9, Lines 1-30, by deleting all of said section and inserting in lieu thereof the following:

"431.309. 1. If an association’s governing board rejects a written settlement offer from the contractor and has satisfied applicable provisions of section 431.306, and upon written request by the contractor as part of said offer that the association hold a meeting of the members, the provisions of this section shall apply prior to the association filing an action alleging construction defects in the common areas and common elements.

2. The board shall hold a meeting open to each member of the association. The meeting shall be held no less than fifteen days before the association commences an action against the contractor.

3. No less than fifteen days before this meeting is held, a written notice shall be sent to each member of the association specifying all of the following:

(1) That a meeting will take place to discuss construction defects that may lead to the filing of an action, and the date, time and place of the meeting.

(2) The options that are available to address the construction defects, including the filing of an action and a statement of the various alternatives that are reasonably foreseeable by the association to pay for those options and whether these payments are expected to be made from the use of reserve account funds or the imposition of regular or special assessments, or emergency assessment increases.

(3) The complete text of any written final settlement offer from the contractor and a concise explanation of the contractor’s specific reasons for the terms of the offer.

4. The contractor shall pay all expenses attributable to sending the settlement offer to all members of the association, and pay the expense of holding the meeting not to exceed three dollars per member.

5. The discussions at the meeting and the contents of the notice and the items required to be specified in the notice pursuant to subsection 3 of this section are privileged communications and are not admissible in evidence in any action, unless the association consents to their admission.

6. No more than one request to meet and discuss a written settlement offer under this section may be made by the contractor."; and

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

On motion of Representative Pratt, HCS HB 347, as amended, was ordered perfected and printed.

The following House Concurrent Resolutions were referred to the Committee indicated:

Mr. Speaker: Your Committee on Local Government, to which was referred HB 47, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

Mr. Speaker: Your Committee on Local Government, to which was referred HB 127, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

Mr. Speaker: Your Committee on Local Government, to which was referred HB 215, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

Committee on Professional Registration and Licensing, Chairman Behnen reporting:

Mr. Speaker: Your Committee on Professional Registration and Licensing, to which was referred HB 56, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

Mr. Speaker: Your Committee on Professional Registration and Licensing, to which was referred HB 174, 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.

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

Mr. Speaker: Your Committee on Workforce Development and Workplace Safety, to which was referred SS SCS SBs 1 & 130, 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.

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

HJR 20, introduced by Representative Baker (123), relating to bonded indebtedness of school districts.

HB 636, introduced by Representatives Tilley and Yates, relating to provider networks for health carriers.

HB 637, introduced by Representatives Wildberger, Roorda, Johnson (61), Walsh, Chappelle-Nadal, Burnett, Harris (23), Young, Corcoran, Bringer, Liese, Bruns, Walton, Baker (25), Oxford, Casey, Salva, Darrough, El-Amin, Brown (50), Kratky, Hoskins, Henke, Kuessner, Dougherty, Robinson, Skaggs, Villa, Spreng, Daus, Bowman, Wagner, Witte, Fraser, Zweifel, Aull, Hughes, Meadows, Bland, Swinger, George, Low (39), Wright-Jones, Haywood, Boykins, Meiners, Storch, Donnelly, Yaeger, Curls, Lowe (44), Hubbard, Shoemyer, Page, Lampe, Whorton, Rucker, Schoemehl, Parson, Vogt, Harris (110), LeVota, Selby and Jolly, relating to workers' compensation benefits.

HB 638, introduced by Representative Cunningham (86), relating to public library districts.

HB 639, introduced by Representatives Cunningham (86), Hoskins, Hubbard, Jetton, Villa, Bearden, Kratky, Dempsey, Dougherty, Dixon, Haywood, Nieves, Hughes, Cooper (120), Harris (110), Byrd, Bowman, Hunter, Meiners, Icet, Swinger, Lembke, Spreng, Jackson, Kuessner, Muschany, Robb, St. Onge, Schad, Vogt, Behnen, Marsh, Faith, Denison, Ruestman, Cooper (158), Black, Bruns, Yates, Davis, Kelly, Portwood, Wright (159), Self, Moore, Bivins, Parker, Brown (30), Roark, McGhee, Chinn, Dusenberg, Lipke, Munzlinger, Threlkeld, Schneider, Cooper (155), Kraus, Wright (137), Weter, Smith (118), Sander, Myers, Kingery, Dethrow, Jones, Richard, Wells, Tilley, Phillips, Deeken, May, Sutherland, Schlottach, Day, Rector, Ervin, Hobbs, Stevenson, Smith (14), Rupp, Emery, Quinn, Flook, Schaaf, Pratt, Fisher, Sater and Franz, relating to educational tax credits.

HB 640, introduced by Representatives Pearce, Page, LeVota, McGhee, Weter, Meadows, Brown (30), Munzlinger, Kraus, Brown (50), Darrough, Jolly and Fraser, relating to unsolicited commercial electronic mail.

HB 641, introduced by Representatives Pearce, Wildberger, Page, McGhee, Bivins, Brown (30), Schad, Kraus, Dusenberg, Brown (50), Moore and Deeken, relating to administrative driving while intoxicated enhancements.

HB 642, introduced by Representatives McGhee, Munzlinger, Moore and Brown (30), relating to landowner liability.

HB 643, introduced by Representatives Young, LeVota, Harris (23), Meiners, Villa, Wright-Jones, Johnson (61), Wagner, Swinger, Selby, Bowman, Hubbard, Hoskins, Burnett, Chappelle-Nadal, Jolly, Skaggs, Fraser, Shoemyer, Wildberger, Lampe, Bland, Liese, Yaeger, Harris (110), Schoemehl, Oxford, Henke, Witte, Goodman, Marsh, Hunter, Hughes, Schneider, Roark, Dusenberg and Brown (30), relating to sunshine law violations.

HB 644, introduced by Representatives Storch, Daus, Wright-Jones, Villa, Donnelly, Shoemyer, Lampe, Whorton, Boykins, Johnson (61), Rucker, Sanders Brooks, Fraser, Oxford, Casey and Jolly, relating to crime of bribery of a public servant.

HB 645, introduced by Representatives Smith (14), Davis, Spreng, Whorton, Brown (50) and Hoskins, relating to stillbirth tax exemption.

HB 646, introduced by Representatives Threlkeld, Bearden, Page and Stefanick, relating to the senior Rx program.

HB 647, introduced by Representatives Roark, Goodman, Richard and Brown (30), relating to a tax deduction for contributions to educational savings programs.

HB 648, introduced by Representatives Loehner, Schlottach, Chinn, Day, Schad, Parson, Myers, May, Hobbs, Munzlinger and Jones, relating to the Missouri wine and grape board.

HB 649, introduced by Representatives Fares, Portwood, Phillips, Cunningham (86), St. Onge, Sutherland, Villa and Pratt, relating to income tax.

HB 650, introduced by Representatives Johnson (61), Selby, Brown (30), Roorda, Harris (110), Sanders Brooks, Faith, Oxford and Brown (50), relating to adoption records.

HB 651, introduced by Representative Wildberger, relating to charitable solicitations.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SJR 1, entitled:

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 47(c) of article IV of the Constitution of Missouri, and adopting one new section in lieu thereof relating to the parks and soils tax.

On motion of Representative Dempsey, the House adjourned until 4:00 p.m., Monday, February 28, 2005.

Working session on HB 66 and HB 255 will follow public hearing with no public testimony.