First Regular Session, 93rd General Assembly
THIRTY-FOURTH DAY, Monday, March 7, 2005
The House met pursuant to adjournment.
Speaker Pro Tem Bearden in the Chair.
Prayer by Reverend James Earl Jackson.
Heavenly Father, we trust in You and through Your mercy we are not shaken. Be exalted, O Lord, in Your strength for we speak of Your praise and power.
You, O Lord, are not distant and offer help and assistance whenever we pray.
Although many may criticize and sneer at the decisions we make in this Chamber, we shamelessly seek to fulfill our due service to You, this state, and our constituents.
Help us to celebrate the splendor of changing seasons, the necessity of opposing views, and the liberty to speak our passions.
Grant us peace as we pray in the undying name of Your Son. Amen.
The Pledge of Allegiance to the flag was recited.
The Journal of the thirty-third day was approved as printed by the following vote:
AYES: 150 |
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Aull |
Avery |
Baker 123 |
Baker 25 |
Barnitz |
Bearden |
Behnen |
Bivins |
Black |
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 |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Franz |
Fraser |
George |
Goodman |
Guest |
Harris 110 |
Harris 23 |
Haywood |
Henke |
Hobbs |
Hoskins |
Hughes |
Hunter |
Icet |
Jackson |
Johnson 47 |
Johnson 61 |
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 |
Parker |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Robinson |
Roorda |
Rucker |
Ruestman |
Rupp |
Salva |
Sander |
Sater |
Schaaf |
Schad |
Schlottach |
Schneider |
Schoemehl |
Selby |
Self |
Shoemyer |
Skaggs |
Spreng |
Stefanick |
Stevenson |
St. Onge |
Storch |
Sutherland |
Swinger |
Threlkeld |
Tilley |
Viebrock |
Villa |
Vogt |
Wagner |
Wallace |
Walsh |
Walton |
Wasson |
Wells |
Weter |
Whorton |
Wildberger |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright-Jones |
Wright 137 |
Wright 159 |
Yates |
Young |
Zweifel |
Mr Speaker |
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NOES: 000 |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 012 |
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Bean |
Bland |
Bowman |
Byrd |
Dusenberg |
El-Amin |
Hubbard |
Johnson 90 |
Page |
Smith 118 |
Smith 14 |
Yaeger |
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VACANCIES: 001 |
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 927
and
House Resolution No. 928 - Representative Jetton
House Resolution No. 929
and
House Resolution No. 930 - Representative Brown (30)
House Resolution No. 931
and
House Resolution No. 932 - Representative Munzlinger
House Resolution No. 933 - Representative Moore
House Resolution No. 934 - Representative Deeken
House Resolution No. 935 - Representative Nolte
House Resolution No. 936
through
House Resolution No. 1060 - Representatives Avery and Tilley
House Resolution No. 1061 - Representative Self
House Resolution No. 1062 - Representative Skaggs
House Resolution No. 1063
through
House Resolution No. 1065 - Representative Parson
House Resolution No. 1066
through
House Resolution No. 1078 - Representatives Bivins and Lembke
House Resolution No. 1079
through
House Resolution No. 1092 - Representative Bivins
House Resolution No. 1093
and
House Resolution No. 1094 - Representatives Johnson (61) and Cunningham (145)
House Resolution No. 1095 - Representative Johnson (61)
House Resolution No. 1096 - Representatives Bivins and Lembke
House Resolution No. 1097 - Representative Cooper (158)
House Resolution No. 1098 - Representative Sater
House Resolution No. 1099 - Representative Cooper (158)
House Resolution No. 1100 - Representative Low (39)
House Resolution No. 1101 - Representatives Roorda, Casey and Meadows
House Resolution No. 1102 - Representative Young
House Resolution No. 1103 - Representative Johnson (61)
SECOND READING OF HOUSE BILLS
HB 701 through HB 718 were read the second time.
MESSAGE FROM THE SENATE
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SS SCS SBs 1 & 130, as amended, and requests the House to recede from its position and failing to do so grant the Senate a conference thereon.
BILL CARRYING REQUEST MESSAGE
HCS SS SCS SBs 1 & 130, as amended, relating to workers’ compensation, was taken up by Representative Hunter.
Representative Hunter moved that the House refuse to recede from its position on HCS SS SCS SBs 1 & 130, as amended, and grant the Senate a conference.
Which motion was adopted.
Speaker Jetton assumed the Chair.
APPOINTMENT OF CONFERENCE COMMITTEE
The Speaker appointed the following Conference Committee to act with a like committee from the Senate on the following bill:
HCS SS SCS SBs 1 & 130: Representatives Cooper (120), Bearden, Hunter, Vogt and Lowe (44).
PERFECTION OF HOUSE BILL - APPROPRIATIONS
HCS HB 14, relating to appropriations, was taken up by Representative Lager.
On motion of Representative Lager, HCS HB 14 was adopted.
On motion of Representative Lager, HCS HB 14 was ordered perfected and printed.
HOUSE RESOLUTION
HR 222, relating to Southwest Missouri State University Founders Day, was taken up by Representative Dixon.
On motion of Representative Dixon, HR 222 was adopted.
REFERRAL OF HOUSE RESOLUTIONS
The following House Resolutions were referred to the Committee indicated:
HR 813 - Rules
HR 838 - Rules
HR 923 - Rules
REFERRAL OF HOUSE BILLS
The following House Bills were referred to the Committee indicated:
HB 679 - Elementary and Secondary Education
HB 707 - Financial Institutions
HB 710 - Job Creation and Economic Development
COMMITTEE REPORTS
Special Committee on Urban Issues, Chairman Hoskins reporting:
Mr. Speaker: Your Special Committee on Urban Issues, to which was referred HB 413, 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 Special Committee on Urban Issues, to which was referred HB 564, 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 Special Committee on Urban Issues, to which was referred HB 638, 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.
Committee on Veterans, Chairman Jackson reporting:
Mr. Speaker: Your Committee on Veterans, to which was referred HB 412, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Committee on Rules, Chairman Cooper (120) reporting:
Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 58, begs leave to report it has examined the same and recommends that it Do Pass, with no time limit for debate.
Mr. Speaker: Your Committee on Rules, to which was referred HB 243, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.
Mr. Speaker: Your Committee on Rules, to which was referred HB 344, begs leave to report it has examined the same and recommends that it Do Pass, with no time limit for debate.
Mr. Speaker: Your Committee on Rules, to which was referred HB 397, begs leave to report it has examined the same and recommends that it Do Pass, with no time limit for debate.
Mr. Speaker: Your Committee on Rules, to which was referred HB 423, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.
Mr. Speaker: Your Committee on Rules, to which was referred HB 431, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.
Mr. Speaker: Your Committee on Rules, to which was referred HB 567, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.
INTRODUCTION OF HOUSE BILLS
The following House Bills were read the first time and copies ordered printed:
HB 719, introduced by Representative Byrd, relating to judicial procedures.
HB 720, introduced by Representative Byrd, relating to the chair of the salary commission.
HB 721, introduced by Representatives Flook, Skaggs, Nolte and Nance, relating to juvenile officer retirement.
HB 722, introduced by Representatives Wagner, Roorda and Meadows, relating to police relief and pension systems.
HB 723, introduced by Representatives Cooper (155), Schaaf, Threlkeld and Page, relating to joint negotiations of physicians.
HB 724, introduced by Representatives Smith (14), Page, Schaaf and Meiners, relating to insurance coverage for treatment of infertility.
HB 725, introduced by Representative Behnen, relating to professional licensing.
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 adopted SCR 3.
SENATE CONCURRENT RESOLUTION NO. 3
WHEREAS, congenital heart defects are the most frequently occurring birth defect and the leading cause of birth defect related deaths worldwide; and
WHEREAS, more than one million families across America are facing the challenges and hardships of raising children with congenital heart defects; and
WHEREAS, each year 40,000 babies are born with congenital heart defects in the United States; and
WHEREAS, some congenital heart defects are not diagnosed until months or years after birth; and
WHEREAS, undiagnosed congenital heart conditions cause many cases of sudden cardiac death in young athletes; and
WHEREAS, despite these conditions, newborns and young athletes are not routinely screened for congenital heart defects; and
WHEREAS, Congenital Heart Defect Awareness Day provides an opportunity for families whose lives have been affected to celebrate life and to remember loved ones lost, to honor dedicated health professionals, and to meet others and know they are not alone; and
WHEREAS, the establishment of Congenital Heart Defect Awareness Day will also provide the opportunity to share experience and information with the public and the media in order to raise public awareness about congenital heart defects:
NOW, THEREFORE, BE IT RESOLVED that we, the members of the Senate, Ninety-third General Assembly, First Regular Session, the House of Representatives concurring therein, hereby recognize February 14th, as Congenital Heart Defect Awareness Day in Missouri.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 147, entitled:
An act to repeal section 142.031, RSMo, and to enact in lieu thereof one new section relating to the Missouri qualified biodiesel producer incentive fund.
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 SB 177, entitled:
An act to repeal section 105.712, RSMo, and to enact in lieu thereof one new section relating to dental care.
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 SS SCS SB 210, entitled:
An act to repeal sections 44.090, 50.530, 50.757, 55.160, 64.215, 64.940, 67.1775, 67.1850, 110.130, 110.150, 115.019, 137.115, 205.010, 210.860, 210.861, 233.295, 263.245, and 488.426, RSMo, section 137.130 as enacted by conference committee substitute for senate substitute for senate committee substitute for house substitute for house committee substitute for house bill no. 701, ninetieth general assembly, first regular session, and section 137.130 as enacted by conference committee substitute for house substitute for house committee substitute for senate bill no. 827, eighty-ninth general assembly, second regular session, and section 488.429, RSMo, as enacted by conference committee substitute for senate substitute for senate committee substitute for house committee substitute for house bill nos. 795, 972, 1128 & 1161, ninety-second general assembly, second regular session, and section 488.429, RSMo, as enacted by senate committee substitute for house committee substitute for house bill no. 798 merged with house committee substitute for senate bill no. 1211, ninety-second general assembly, second regular session, and to enact in lieu thereof twenty-seven new sections relating to county government.
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 SB 252, entitled:
An act to amend chapter 41, RSMo, by adding thereto three new sections relating to the protection of military facilities and personnel, with an emergency clause.
Emergency clause adopted.
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 SB 312, entitled:
An act to repeal section 226.030, RSMo, and to enact in lieu thereof one new section relating to expanding the membership of the highways and transportation commission.
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 SB 342, entitled:
An act to repeal section 559.607, RSMo, and to enact in lieu thereof one new section relating to probation services for municipal ordinance violations.
In which the concurrence of the House is respectfully requested.
The following members’ presence was noted: Bowman, Byrd, Page, Smith (14) and Smith (118).
ADJOURNMENT
On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Tuesday, March 8, 2005.
COMMITTEE MEETINGS
AGRICULTURE POLICY
Tuesday, March 8, 2005, 12:00 p.m. Hearing Room 1.
Possible Executive session. AMENDED
Public hearings to be held on: HB 597, HB 369, HB 501, HB 528, HB 563, HB 588
Executive session will be held on: HB 367, HB 305, HB 368, HB 454
APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES
Tuesday, March 8, 2005, 8:00 a.m. Hearing Room 4.
Markup for Departments of Agriculture, Natural Resources and Conservation.
Hearing will continue upon afternoon adjournment if necessary.
Executive session may follow.
APPROPRIATIONS - GENERAL ADMINISTRATION
Tuesday, March 8, 2005, 8:00 a.m. Hearing Room 7.
Fringe benefits, Statewide Elected Officials, Department of Revenue,
Office of Administration, Statewide Leasing, Judiciary, Public Defender and General Assembly.
Executive session may follow.
APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES
Tuesday, March 8, 2005, 4:00 p.m. Hearing Room 3.
Child Welfare - Division of Youth Services.
APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES
Wednesday, March 9, 2005, 8:00 p.m. Hearing Room 3.
Executive session on committee recommendations.
APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES
Thursday, March 10, 2005, 8:00 a.m. Hearing Room 3.
Executive session on committee recommendations. Recess 10:00 a.m.
Thirty minutes after morning adjournment Executive session on committee recommendations.
CHILDREN AND FAMILIES
Wednesday, March 9, 2005, 8:00 a.m. Hearing Room 7.
Executive session may follow.
Public hearings to be held on: HCR 20, HB 568, HB 574, HB 586
CORRECTIONS AND PUBLIC INSTITUTIONS
Wednesday, March 9, 2005, 8:00 a.m. Hearing Room 4.
Executive session may follow.
Public hearings to be held on: HB 236, HB 422, HB 446, HB 453, HB 491, HB 531, HB 631
CRIME PREVENTION AND PUBLIC SAFETY
Tuesday, March 8, 2005, 6:00 p.m. Hearing Room 1.
Executive session may follow.
Public hearings to be held on: HB 537, HB 547, HB 332, HB 511, HB 684, HB 633
ELECTIONS
Tuesday, March 8, 2005, 6:00 p.m. Hearing Room 5.
Public hearings to be held on: HB 316, HB 149
Executive session will be held on: HB 280, HB 255, HB 66, HB 525
ELEMENTARY AND SECONDARY EDUCATION
Wednesday, March 9, 2005, 8:00 a.m. Hearing Room 3.
Public hearings to be held on: HCR 25, HB 473, HB 679
Executive session will be held on: HB 276, HCR 25, HB 473, HB 679, HB 539, HB 145
FINANCIAL INSTITUTIONS
Tuesday, March 8, 2005, 12:00 p.m. Hearing Room 6.
Executive session may follow. CANCELLED
Public hearing to be held on: HB 647
HEALTH CARE POLICY
Wednesday, March 9, 2005, 8:00 a.m. Hearing Room 6.
Executive session may follow.
Public hearings to be held on: HB 503, HB 603
HIGHER EDUCATION
Tuesday, March 8, 2005, 12:00 p.m. Hearing Room 4.
Executive session may follow. AMENDED
Public hearing to be held on: HB 440
INSURANCE POLICY
Tuesday, March 8, 2005, 4:00 p.m. Hearing Room 7.
Executive session may follow. AMENDED
Public hearings to be held on: HB 474, HB 496, HB 596, HB 654, HB 667
JOB CREATION AND ECONOMIC DEVELOPMENT
Wednesday, March 9, 2005, 12:00 p.m. Hearing Room 6.
Executive session may follow.
Public hearings to be held on: HB 158, HB 629
JOINT COMMITTEE ON EDUCATION
Tuesday, March 8, 2005, 8:00 p.m. Senate Committee Room 2.
Formula recommendation. Overflow will be available in Senate Committee Room 1.
Executive session may or may not follow.
JUDICIARY
Tuesday, March 8, 2005, 12:00 p.m. Hearing Room 7.
Executive session may follow. AMENDED
Public hearings to be held on: HB 595, HB 578, HB 355, HB 362,
HB 628, HB 630, HB 678, HB 688
LOCAL GOVERNMENT
Thursday, March 10, 2005, 8:00 a.m. Hearing Room 6.
Executive session will follow.
Public hearings to be held on: HB 450, HB 559, HB 176, HB 558, HB 480
TOURISM
Tuesday, March 8, 2005, 12:00 p.m. Hearing Room 5.
Executive session may follow.
Public hearing to be held on: HB 515
TRANSPORTATION
Wednesday, March 9, 2005, 8:00 a.m. Hearing Room 1.
Executive session will follow.
Public hearings to be held on: HB 635, HB 375, HB 410, HB 487, HB 53, HB 618
UTILITIES
Wednesday, March 9, 2005, 12:00 p.m. Hearing Room 5.
Hearing to begin at noon or upon morning recess, whichever is later.
Executive session may occur. AMENDED
Public hearings to be held on: HB 553, HB 640
VETERANS
Wednesday, March 9, 2005, 8:00 a.m. Hearing Room 5.
Executive session may follow.
Public hearings to be held on: HB 294, HB 421, HB 522, HB 535, HB 581
WAYS AND MEANS
Wednesday, March 9, 2005, 6:00 p.m. Hearing Room 5.
Executive session may follow. AMENDED
Public hearings to be held on: HB 242, HB 222, HB 416, HB 604, HB 321
WORKFORCE DEVELOPMENT AND WORKPLACE SAFETY
Tuesday, March 8, 2005, House Chamber south side gallery upon afternoon adjournment.
Executive session will be held on: HB 148, HB 519
WORKFORCE DEVELOPMENT AND WORKPLACE SAFETY
Wednesday, March 9, 2005, 12:00 p.m. Hearing Room 3.
Executive session may follow.
Public hearings to be held on: HB 500, HB 533
HOUSE CALENDAR
THIRTY-FIFTH DAY, TUESDAY, MARCH 8, 2005
HOUSE BILLS FOR SECOND READING
HB 719 through HB 725
HOUSE BILLS FOR PERFECTION
1 HCS HB 365 - Munzlinger
2 HB 100 - Cunningham (86) (3 hours debate on Perfection)
3 HCS HB 186 - Emery
4 HB 48 - Dougherty (30 minutes debate on Perfection)
5 HCS#2 HB 94 & 185 - Cunningham (145)
6 HB 114 - Johnson (47)
7 HCS HB 119 - Jones
8 HCS HB 174 - Wood
9 HCS HB 215 - Pearce
10 HCS HB 348 - Pearce
HOUSE BILLS FOR PERFECTION - CONSENT
(3/01/05)
1 HCS HB 135 - Richard
2 HB 229 - Portwood
3 HB 230 - Portwood
4 HCS HB 379 - Cooper (120)
(3/02/05)
1 HB 40 - Tilley
2 HCS HB 56 - Threlkeld
3 HB 127 - Bivins
(3/03/05)
1 HCS HB 47 - Brown (30)
2 HCS HB 163, 213 & 216 - Smith (14)
3 HB 592 - Cooper (120)
(3/07/05)
1 HB 269 - Bruns
2 HB 361 - Lipke
3 HCS HB 580 - Byrd
(3/08/05)
1 HB 243 - May
2 HB 397 - Henke
3 HB 423 - Kuessner
4 HB 431 - Wright (137)
5 HB 567 - Stevenson
HOUSE BILL FOR THIRD READING - APPROPRIATIONS
HCS HB 14 - Lager
SENATE BILLS FOR SECOND READING
1 SCS SB 147
2 SB 177
3 SS SCS SB 210
4 SCS SB 252
5 SCS SB 312
6 SB 342
BILL IN CONFERENCE
HCS SS SCS SB 1 & 130, as amended - Hunter
HOUSE CONCURRENT RESOLUTIONS
1 HCR 11, (2-17-05, Pages 351-352) - Sander
2 HCR 4, (3-02-05, Pages 467-468) - Burnett
3 HCR 9, (2-17-05, Page 351) - Bivins
4 HCR 15, (3-03-05, Pages 487-488) - Baker (123)