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Journal of the House


First Regular Session, 93rd General Assembly




ELEVENTH DAY, Tuesday, January 25, 2005

 

The House met pursuant to adjournment.


            Speaker Jetton in the Chair.


            Prayer by Father David Buescher.


              God of progress and Lord of growth, in the discussions and even the arguments that are possible here in this House, remind our representatives that their laws make an impact on all the people of Missouri.


              If some may be enticed to contest or compare or show jealousy, help them reorganize their attention towards a balance found in truly first-rate legislation.


              We know not only party loyalty, but also devotion to the truth and to the common good also moves their hearts. The improvement their legislation will bring to our state will derive much from sharp brains, broad minds, big hearts, and the bold confidence to stand for what each understands as true.


              Help them towards that rightness which does not claim righteousness. We ask for Your inner light and energy and peace, this day, and throughout the Session. 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: Joe Paine, Denny Niebaum and Kevin Hornbeck.


            The Journal of the tenth day was approved as printed.


            Speaker Pro Tem Bearden assumed the Chair.


HOUSE RESOLUTION


            Representative Dixon, et al., offered House Resolution No. 222.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 212 - Representative Bruns

            House Resolution No. 213 - Representative Cooper (158)

            House Resolution No. 214 - Representatives Avery and Bivins

            House Resolution No. 215 - Representative Hoskins

            House Resolution No. 216 - Representative Fraser



            House Resolution No. 217

                        through

            House Resolution No. 221 - Representative Avery

            House Resolution No. 223 - Representative Richard

            House Resolution No. 224

                        through 

            House Resolution No. 232 - Representative Lager

            House Resolution No. 233 - Representative Day

            House Resolution No. 234 - Representative Yaeger, et al.

            House Resolution No. 235

                        through

            House Resolution No. 239 - Representative Lager


SECOND READING OF HOUSE BILLS


            HB 296 through HB 305 were read the second time.


HOUSE BILL WITH SENATE AMENDMENT


            HCR 2, with Senate Amendment No. 1, relating to the State of the State address, was taken up by Representative Dempsey.


            On motion of Representative Dempsey, the House concurred in Senate Amendment No. 1 by the following vote:


AYES: 152

 

 

 

 

 

 

 

 

 

Aull

Baker 123

Baker 25

Barnitz

Bean

Bearden

Behnen

Bivins

Black

Bland

Bowman

Bringer

Brooks

Brown 30

Brown 50

Bruns

Burnett

Byrd

Chappelle-Nadal

Casey

Chinn

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

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

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schoemehl

Selby

Self

Shoemyer

Smith 118

Smith 14

Spreng

Stefanick

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright-Jones

Wright 137

Wright 159

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 005

 

 

 

 

 

 

 

 

 

Darrough

Daus

Skaggs

Vogt

Whorton

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 005

 

 

 

 

 

 

Avery

Boykins

Cooper 120

Schneider

Stevenson

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Dempsey, HCR 2, as amended, was adopted by the following vote:


AYES: 152

 

 

 

 

 

 

 

 

 

Aull

Baker 123

Baker 25

Barnitz

Bean

Bearden

Behnen

Bivins

Black

Bland

Bowman

Bringer

Brooks

Brown 30

Brown 50

Bruns

Burnett

Byrd

Chappelle-Nadal

Casey

Chinn

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

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

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schoemehl

Selby

Self

Shoemyer

Smith 118

Smith 14

Spreng

Stefanick

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright-Jones

Wright 137

Wright 159

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 005

 

 

 

 

 

 

 

 

 

Darrough

Daus

Skaggs

Vogt

Whorton

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 005

 

 

 

 

 

 

Avery

Boykins

Cooper 120

Schneider

Stevenson

 

 

 

 

 

VACANCIES: 001


INTRODUCTION OF HOUSE JOINT RESOLUTION


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


HJR 10, introduced by Representative Wright (137), relating to the judicial department.


INTRODUCTION OF HOUSE BILLS


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


HB 306, introduced by Representative Dempsey, relating to aviation.


HB 307, introduced by Representatives Dusenberg, Baker (123), Wood, Brown (30), Sater, Munzlinger, Behnen, Wilson (119), Johnson (47), McGhee, Moore, Dougherty, Young and Page, relating to wearing protective headgear while operating a motorcycle or motortricycle.


HB 308, introduced by Representatives Skaggs, Baker (123), Brown (30), Bringer and Phillips, relating to state buildings.


HB 309, introduced by Representatives Wilson (130), Ruestman, Brown (30), Munzlinger and Wilson (119), relating to terrorism.


HB 310, introduced by Representatives Wilson (130), Brown (30), Daus and Weter, relating to impounding vehicles.


HB 311, introduced by Representatives May, Wildberger, Sater, Baker, Schaaf and Portwood, relating to the registered surgical assistant and registered surgical technologist title protection act.


HB 312, introduced by Representatives Smith (118), Sander and Schaaf, relating to state purchases.


HB 313, introduced by Representatives Smith (14), Smith (118), Page, Sutherland, Jetton, Yates, Byrd, Faith, Ruestman, Hughes, Icet, Portwood, Rupp, Davis, Parker and Moore, relating to a tutoring program for public schools.


HB 314, introduced by Representative Kelly, relating to sexual contact with a student while on public school property.


HB 315, introduced by Representative Kelly, relating to compensation of road district commissioners.


HB 316, introduced by Representatives Hoskins, Hubbard, Bland and Sanders Brooks, relating to absentee voting.


HB 317, introduced by Representatives Shoemyer, Wildberger, Whorton, Darrough, Selby, Harris (110), Dougherty, Fraser, Aull, Kuessner, Baker (25), Spreng, Robinson and Henke, relating to the seed availability and competition act.


HB 318, introduced by Representatives Schaaf, Hubbard, Oxford and Hoskins, relating to prevention, screening, and treatment of lead poisoning.


HB 319, introduced by Representatives Muschany and Cunningham (86), relating to school credit.


HB 320, introduced by Representatives Muschany, Cunningham (86) and Moore, relating to lapse of district corporate organization.


HB 321, introduced by Representative Yates, relating to the advisory assistive technology council.


HB 322, introduced by Representatives Oxford, Roorda, Page, Chappelle-Nadal, Young, Daus and Harris (110), relating to actions for money damages for conduct or speech at public hearings or meetings.


HB 323, introduced by Representative Johnson (47), relating to Kansas City police retirement.


REFERRAL OF HOUSE JOINT RESOLUTION


            The following House Joint Resolution was referred to the Committee indicated:


HJR 8 - Conservation and Natural Resources


REFERRAL OF HOUSE BILLS


            The following House Bills were referred to the Committee indicated:


HB 40 - Local Government

HB 43 - Transportation

HB 47 - Local Government

HB 48 - Ways and Means

HB 62 - Transportation

HB 63 - Ways and Means

HB 69 - Insurance Policy

HB 85 - Judiciary

HB 94 - Veterans

HB 119 - Veterans

HB 131 - Health Care Policy

HB 136 - Elementary and Secondary Education

HB 148 - Workforce Development and Workplace Safety

HB 154 - Transportation

HB 162 - Veterans

HB 163 - Veterans

HB 171 - Ways and Means

HB 172 - Elementary and Secondary Education

HB 186 - Ways and Means

HB 190 - Small Business

HB 191 - Agriculture Policy

HB 210 - Transportation

HB 213 - Veterans

HB 216 - Veterans

HB 217 - Health Care Policy

HB 220 - Higher Education

HB 229 - Senior Citizen Advocacy

HB 236 - Corrections and Public Institutions

HB 243 - Transportation

HB 248 - Financial Institutions

HB 259 - Elections

HB 272 - Crime Prevention and Public Safety

HB 276 - Elementary and Secondary Education

HB 281 - Conservation and Natural Resources

HB 283 - Local Government

HB 295 - Children and Families

HB 297 - Elementary and Secondary Education

HB 302 - Judiciary


COMMITTEE ASSIGNMENT


            Representative Curls has been appointed Vice-chair of the Ethics Committee.


RECESS


            Representative Dempsey moved that the House stand in recess for the purpose of receiving messages from the Senate.


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




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 SB 176, entitled:


            An act to repeal 57.080, RSMo, and to enact in lieu thereof two new sections relating to political subdivision elections, with an emergency clause and an expiration date.


            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 President Pro Tem has appointed the following committee to act with a like committee from the House pursuant to HCR 2: Senators Gibbons, Shields, Coleman, Crowell, Clemens, Nodler, Days, Callahan, Wheeler and Kennedy.


            The following members’ presence was noted: Boykins, Cooper (120) and Schneider.


ADJOURNMENT


            On motion of Speaker Pro Tem Bearden, the House adjourned until 10:00 a.m., Wednesday, January 26, 2005.


COMMITTEE MEETINGS


APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, February 1, 2005, 8:00 a.m. Hearing Room 5.

Department overviews will begin promptly at 8:00 a.m.


ELEMENTARY AND SECONDARY EDUCATION

Wednesday, January 26, 2005, 8:00 a.m. Hearing Room 3.

Organizational meeting.


LOCAL GOVERNMENT

Thursday, January 27, 2005, 8:00 a.m. Hearing Room 6.

Organizational meeting.

Public hearings to be held on: HB 47, HB 40


RETIREMENT

Wednesday, January 26, 2005, 9:00 a.m. Hearing Room 6.

Organizational meeting. AMENDED




UTILITIES

Wednesday, January 26, 2005, 12:00 p.m. Hearing Room 6.

Organizational meeting. AMENDED


HOUSE CALENDAR


TWELFTH DAY, WEDNESDAY, JANUARY 26, 2005


HOUSE JOINT RESOLUTION FOR SECOND READING


HJR 10


HOUSE BILLS FOR SECOND READING


HB 306 through HB 323


SENATE BILL FOR SECOND READING


SB 176