Journal of the House

First Regular Session, 93rd General Assembly

SIXTY-SECOND DAY, Monday, April 25, 2005

The House met pursuant to adjournment.

            Speaker Pro Tem Bearden in the Chair.

            Prayer by Reverend James Earl Jackson.

              Heavenly Father, You are the God of our strength; You have not put us from Your presence. We refuse to sorrow because of the many attacks on our character and our stated positions. Let Your light and Your truth lead us; let them bring us to Your desired strategies and purposes.

              May we never put faith in our own strength, wisdom, or intellect nor believe our skills will be our salvation, but may we boast continually in You, and give thanks to Your name forever.

              May You show us Your constant love throughout the day, so that we may have a song at night, comfort of soul, and a prayer to the God of our life.

              May our speech be civil and our motives true as You perfect the work of our hand.

              We ask these things of You, the only true and wise God, through Jesus Christ, be the glory forever. Amen.

            The Pledge of Allegiance to the flag was recited.

            The Journal of the sixtieth day was approved as corrected.

            The Journal of the sixty-first day was approved as printed.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 2450 - Representative Pearce, et al.

            House Resolution No. 2451 - Representative Wagner

            House Resolution No. 2452 - Representative Phillips

            House Resolution No. 2453 - Representative Cooper (158)

            House Resolution No. 2454

                        and

            House Resolution No. 2455 - Representative Denison

            House Resolution No. 2456 - Representative Quinn

            House Resolution No. 2457

                        through

            House Resolution No. 2462 - Representative Lager

            House Resolution No. 2463

                        and

            House Resolution No. 2464 - Representative Bruns

            House Resolution No. 2465 - Representatives Kratky and LeVota

            House Resolution No. 2466

                        through

            House Resolution No. 2470 - Representative Swinger

            House Resolution No. 2471 - Representative Parson

            House Resolution No. 2472 - Representative Walsh

            House Resolution No. 2473

                        through

            House Resolution No. 2486 - Representative Franz

            House Resolution No. 2487 - Representatives Wilson (130) and Ruestman

            House Resolution No. 2488 - Representative Henke

            House Resolution No. 2489 - Representative Harris (110)

            House Resolution No. 2490

                        through

            House Resolution No. 2492 - Representative Kingery

            House Resolution No. 2493 - Representative Robinson

            House Resolution No. 2494 - Representative Emery

            House Resolution No. 2495 - Representative Wasson

            House Resolution No. 2496

                        through

            House Resolution No. 2498 - Representative Pratt, et al.

            House Resolution No. 2499 - Representative Pratt

            House Resolution No. 2500

                        through

            House Resolution No. 2502 - Representative Whorton

            House Resolution No. 2503

                        through

            House Resolution No. 2505 - Representative Lager

            House Resolution No. 2506

                        and

            House Resolution No. 2507 - Representative Myers

            House Resolution No. 2508 - Representative Jones

PERFECTION OF HOUSE BILLS

            HCS HB 697, with House Amendment No. 1 to House Amendment No. 2 and House Amendment No. 2, pending, relating to motor vehicle emissions, was taken up by Representative Lembke.

            Representative Selby moved that House Amendment No. 1 to House Amendment No. 2 be adopted.

            Which motion was defeated.

            HCS HB 697, with House Amendment No. 2, pending, was laid over.

            HB 952, relating to sales tax on personal care services, was taken up by Representative Icet.

            HB 952 was laid over.

            HCS HB 91, relating to tax increment financing, was taken up by Representative Johnson (47).

            Representative Johnson (47) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 91, Page 6, Section 99.866, Line 3, by deleting “fifteen” and inserting in lieu thereof “twenty”; and

              Further amend said section, Page 6, Line 18, by inserting after the word “uses” the following:

              “except in central business districts as defined in section 99.918"; and

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

            On motion of Representative Johnson (47), House Amendment No. 1 was adopted.

            Representative Wildberger offered House Amendment No. 2.

            Representative Smith (118) raised a point of order that House Amendment No. 2 is not germane to the underlying bill.

            The Chair ruled the point of order well taken.

            Representative Page offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 91, Page 6, Section 99.810, Line 39, by inserting after all of said line the following:

              “(7) A finding that the plan does not include the initial development or redevelopment of any retailer that has been found guilty of or has pleaded guilty to violating any labor, health and safety, or environmentally related laws, whether federal or state, within the last five years, provided however, that this subdivision shall be applicable only to a plan adopted by ordinance after January 1, 2006.”; and

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

            Representative Page moved that House Amendment No. 3 be adopted.

            Which motion was defeated.

            Representative Corcoran offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill No. 91, Page 4, Section 99.805, Line 124, by inserting after all of said line the following:

              "(17) "Superstore retailer", store or stores being developed under a single project having greater than one hundred thousand square feet of gross building area at full build-out that will dedicate more than fifteen thousand square feet of selling space to food and drug;", and renumber remaining subdivision accordingly; and

              Further amend said bill, Page 6, Section 99.810, Line 39, by deleting all of said line and inserting in lieu thereof the following: "23, 1997;"; and

              Further amend said bill, Page 6, Section 99.810, Line 39, by inserting after all of said line the following:

              "(7) A finding that the plan does not include the initial development or redevelopment of any superstore retailer, provided however, that this subdivision shall be applicable only to a redevelopment plan adopted for a redevelopment area designated by ordinance after January 1, 2006."; and 

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

            Representative Corcoran moved that House Amendment No. 4 be adopted.

            Which motion was defeated.

            On motion of Representative Johnson (47), HCS HB 91, as amended, was adopted.

            On motion of Representative Johnson (47), HCS HB 91, as amended, was ordered perfected and printed.

PERFECTION OF HOUSE BILL - INFORMAL

            HCS HB 639, as amended, relating to the Betty L. Thompson Scholarship Program, was taken up and placed back on the Informal Calendar.

THIRD READING OF SENATE BILLS - CONSENT

            SCS SB 68, relating to college athletics sales tax exemption, was taken up by Representative Yates.

            On motion of Representative Yates, SCS SB 68 was truly agreed to and finally passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            HCS SCS SB 24, relating to the Franklin County Law Library Fund, was taken up by Representative Schlottach.

            On motion of Representative Schlottach, HCS SCS SB 24 was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            SB 71, relating to disaster service volunteers, was taken up by Representative Nieves.

            On motion of Representative Nieves, SB 71 was truly agreed to and finally passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            HCS SCS SB 100, relating to speech pathology and audiology, was taken up by Representative Dixon.

            On motion of Representative Dixon, HCS SCS SB 100 was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            HCS SCS SBs 103 & 115, relating to pupil residency waivers, was taken up by Representative Yates.

            HCS SCS SBs 103 & 115 was laid over.

REFERRAL OF SENATE BILLS

            The following Senate Bills were referred to the Committee indicated:

SS SCS SB 179 - Fiscal Review (Fiscal Note)

SB 194 - Crime Prevention and Public Safety

SCS SB 196 - Ways and Means

SS SB 348 - Professional Registration and Licensing

SCS SB 481 - Elementary and Secondary Education

COMMITTEE REPORTS

            Committee on Fiscal Review, Chairman Guest reporting:

            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS HB 400 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS HB 649 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

            Committee on Transportation, Chairman St. Onge reporting:

            Mr. Speaker: Your Committee on Transportation, to which was referred HB 490, 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 BILL - APPROPRIATIONS

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

HB 15, introduced by Representative Lager, to appropriate money for capital improvement and other purposes for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, from the funds herein designated for the period beginning July 1, 2005 and ending June 30, 2007.

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 HB 40.

            Emergency clause adopted.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 47, entitled:

            An act to repeal section 182.640, RSMo, and to enact in lieu thereof one new section relating to consolidated public library districts, 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 HB 127.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HCS HB 215.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 248.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 260.

            Emergency clause adopted.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 280.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 342.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 345.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HCS HB 379.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 395.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 402.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 431.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HCS HB 448.

            Emergency clause adopted.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 524.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 600.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HB 678, entitled:

              An act to repeal sections 351.107, 351.180, 351.182, 351.295, and 409.2-202, RSMo, and to enact in lieu thereof five new sections relating to corporations.

            With Senate Amendment No. 1.

Senate Amendment No. 1

AMEND Senate Committee Substitute for House Bill No. 678, Page 4, Section 351.180, Line 86, by striking "uncertified" and inserting in lieu thereof "uncertificated".

            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 HB 707, entitled:

              An act to repeal sections 361.060, 361.070, 361.080, 361.262, 361.365, 362.042, 362.107, 362.170, 362.210, 362.213, 362.215, 362.217, 362.225, 362.300, 362.305, 362.310, 362.315, 362.520, and 362.600, RSMo, and to enact in lieu thereof thirteen new sections relating to banking, with penalty provisions.

            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 SB 402, entitled:

              An act to repeal sections 302.178, 311.310, 311.325, 570.223, and 577.500, RSMo, and to enact in lieu thereof eight new sections relating to substance abuse, with penalty provisions.

            In which the concurrence of the House is respectfully requested.

            The following members’ presence was noted: Parson and Boykins.

ADJOURNMENT

            On motion of Representative Dempsey, the House adjourned until 10:00 a.m, Tuesday, April 26, 2005.

CORRECTIONS TO THE HOUSE JOURNAL

            Correct House Journal, Sixtieth Day, Thursday, April 21, 2005, Page 1198, Lines 2 through 13, by deleting all of said lines and inserting in lieu thereof the following:

            Mr. Speaker: Your Special Committee on Urban Issues, to which was referred SS SB 95, 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.

AFFIDAVIT

I, State Representative Al Liese, District 79, hereby state and affirm that my vote as recorded on Page 1190 of the House Journal for Thursday, April 21, 2005 showing that I voted absent 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 25th day of April 2005.

                                                                                                    /s/ Al Liese

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )

Subscribed and sworn to before me this 25th day of April in the year 2005.

                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

COMMITTEE MEETINGS

BUDGET

Tuesday, April 26, 2005, 8:00 a.m. Hearing Room 3.

Executive session may follow.

Public hearings to be held on: HB 18, HB 19

CHILDREN AND FAMILIES

Tuesday, April 26, 2005, 9:30 a.m. House Chamber side gallery.

Executive session will be held on: HB 970

FINANCIAL INSTITUTIONS

Tuesday, April 26, 2005, 12:00 p.m. Hearing Room 6.

Executive session may follow. Meeting to convene at 12:30 p.m.

Public hearings to be held on: HB 965, SB 476

FISCAL REVIEW

Wednesday, April 27, 2005, 9:00 a.m. Hearing Room 4.

Bill to be considered - SS SCS SB 179.

JOINT COMMITTEE ON PUBLIC EMPLOYEE RETIREMENT

Tuesday, April 26, 2005, 8:00 a.m. Hearing Room 7.

Second quarter meeting.

JUDICIARY

Tuesday, April 26, 2005, Hearing Room 7 upon morning recess.

Executive session.

SPECIAL COMMITTEE ON EDUCATION FUNDING

Tuesday, April 26, 2005, 8:00 a.m. Hearing Room 5.

Executive session.

SPECIAL COMMITTEE ON EDUCATION FUNDING

Tuesday, April 26, 2005, 12:00 p.m. Hearing Room 5.

Executive session.

SPECIAL COMMITTEE ON EDUCATION FUNDING

Tuesday, April 26, 2005, 7:00 p.m. Hearing Room 6.

Executive session.

Public hearing to be held on: SS SCS SB 287

SPECIAL COMMITTEE ON GENERAL LAWS

Wednesday, April 27, 2005, Hearing Room 7 upon morning recess.

Executive session may follow.

Public hearing to be held on: SCS SB 500

SPECIAL COMMITTEE ON GENERAL LAWS

Monday, May 2, 2005, Hearing Room 5 upon afternoon adjournment.

Executive session may follow. AMENDED

Public hearings to be held on: HB 911, SCS SCR 6, SCS SCR 8

TRANSPORTATION

Wednesday, April 27, 2005, 8:00 a.m. Hearing Room 1.

Executive session may follow.

Public hearings to be held on: HB 851, HB 766, HB 769, HB 833

HOUSE CALENDAR

SIXTY-THIRD DAY, TUESDAY, APRIL 26, 2005

HOUSE BILL FOR SECOND READING - APPROPRIATIONS

HB 15

HOUSE BILLS FOR PERFECTION

1          HCS HB 474 - Yates

2          HCS HB 628 - Byrd

3          HCS HB 255 - Cunningham (86)

4          HCS HB 387 - Byrd

5          HB 572 - Stevenson

6          HCS HB 560 - Wright (137)

7          HCS HB 853 - Loehner

8          HB 291, as amended - Cooper (155)

9          HCS HB 272 - Pratt

10        HCS HB 697, HA 2, pending - Lembke

11        HB 721 - Flook

12        HCS HB 671 - Sutherland

13        HCS HB 804 - Smith (118)

14        HB 679 - Kraus

15        HCS HB 192 - Sander

16        HCS HB 665 - Behnen                                   (2 hours debate on Perfection)

17        HCS HB 742 - Bearden

18        HCS HB 854 - Richard

19        HCS HB 924 - Wallace

20        HCS HB 972 - Jetton

21        HB 952 - Icet

22        HCS HB 231 - Portwood

23        HCS#2 HB 586 - Sander

24        HCS HB 591, 210, 377, 760 & 777 - Schlottach

25        HB 784 - Meadows

26        HB 880 - Hughes

27        HB 633 - Lipke

28        HB 789 - Salva

HOUSE BILLS FOR PERFECTION - INFORMAL

1          HCS HB 639, as amended - Hoskins

2          HB 376 - Guest

3          HCS HB 519, as amended - Roark                 (3 hours debate on Perfection)

HOUSE BILL FOR PERFECTION - FEDERAL MANDATE

HCS HB 500 & 533 - Faith

HOUSE BILLS FOR THIRD READING

1          HB 375 - Nance

2          HCS HB 532, (Fiscal Review 4-19-05) - Spreng

3          HCS HB 400 - Yates

4          HCS HB 649 - Fares

5          HCS HB 91 - Johnson (47)

HOUSE BILL FOR THIRD READING - CONSENT

HCS HB 508, E.C. - Pratt

SENATE BILL FOR SECOND READING

SS SB 402

SENATE CONCURRENT RESOLUTION

SCR 2, (3-02-05, Pages 470-471) - Sander

SENATE JOINT RESOLUTION FOR THIRD READING

SS SJR 1 - Chinn

SENATE BILLS FOR THIRD READING - CONSENT

1          HCS SCS SBs 103 & 115 - Yates

2          SB 131 - Yates

3          SCS SB 133 - Yates

4          SB 149 - Stevenson

5          SB 156 - Richard

6          SB 178 - Schaaf

7          SB 211 - Cooper (120)

8          SCS SB 222 - Sutherland

9          HCS SCS SB 246 - Villa

10        SB 259 - Baker (123)

11        SB 261 - Yates

12        SCS SB 266 - Fares

13        SCS SB 267 - Jackson

14        SB 279 - Wasson

15        SCS SB 289 - Tilley

16        SB 298 - Wright-Jones

17        SB 299 - Wright-Jones

18        SCS SB 302 - Cunningham (86)

19        SB 306 - Dethrow

20        HCS SB 307 - Kuessner

21        SB 318 - Cooper (120)

22        SB 347 - Cooper (155)

23        SB 394 - Pearce

24        SCS SB 407 - Lipke

25        SB 453 - St. Onge

26        SB 480 - Kraus

27        HCS SB 490 - Pearce

28        SCS SB 501 - Stefanick

29        SB 507 - Baker (25)

30        SB 516 - Richard

31        SB 518 - Cooper (155)

32        SCS SB 6 - Lager

33        HCS SB 38 - Ruestman

34        SB 122 - Wright (137)

35        SB 162 - Cooper (155)

36        HCS SB 174, E.C. - Bruns

37        HCS SB 177 - Behnen

38        HCS SCS SB 182 - Rector

39        SB 209 - Pearce

40        HCS SB 216 - Goodman

41        SCS SB 227 - Kuessner

42        HCS SCS SB 238 - Faith

43        SCS SB 247 - Bruns

44        SB 265 - Wood

45        SB 288 - Lager

46        SB 304 - Ervin

47        HCS SB 308 - Pollock

48        SB 317 - Smith (118)

49        SCS SB 354 - Schlottach

50        SB 357 - Johnson (47)

51        HCS SB 364, E.C. - Franz

52        HCS SCS SB 372 - Kuessner

53        SCS SB 374 - Zweifel

54        SB 396 - Sutherland

55        HCS SB 401 - Lembke

56        SB 418 - Lipke

57        HCS SB 422 - Yates

58        HCS SCS SB 423 - Lipke

59        HCS SCS SB 450, E.C. - Portwood

60        SCS SB 496 - Kelly

61        SCS SB 502, E.C. - Portwood

62        SB 521, HCA1 - Cooper (158)

SENATE BILLS FOR THIRD READING

1          HCS SCS SB 270, E.C. - Richard

2          HCS SB 21 - Stevenson

3          HCS SCS SB 70 - Richard

4          SCS SB 73 - Weter

5          HCS SCS#2 SB 155 - Kingery

6          SCS SB 258 - Baker (123)

7          SB 367 - Deeken

8          SB 378 - Boykins

9          SCS SB 390 - Pratt

10        SB 488, HCA 1 - Robinson

11        HCS SCS SB 10 & 27, E.C. - Lipke

12        SCS SB 170, E.C. - Byrd

13        SS SCS SB 179, (Fiscal Review 4-25-05) - Rector

14        HCS SB 189, E.C. - Icet                                 (1 hour debate for Third Reading)

15        HCS SCS SB 252, E.C. - Pearce

16        SB 280 - Wasson

17        SB 286 - Kingery

18        SB 323 - Cooper (155)

19        SB 479 - May

20        SB 526 - Cunningham (145)

21        SB 180 - Cooper (158)

22        HCS SS SCS SB 237 - Rector

23        HCS SCS SB 260 - Baker (123)

24        SB 268 - Byrd

25        SB 274 - Richard

26        SS SCS SB 346 - Ruestman

HOUSE BILLS WITH SENATE AMENDMENTS

1          SCS HCS HB 47, E.C. - Brown (30)

2          SCS HB 678, as amended - Byrd

3          SCS HB 707 - Cunningham (145)

HOUSE CONCURRENT RESOLUTIONS

1          HCS HCR 25, (3-10-05, Pages 588-589) - Schlottach

2          HCR 23, (4-13-05, Pages 1033-1034) - Sutherland