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Journal of the House


First Regular Session, 93rd General Assembly




THIRTEENTH DAY, Thursday, January 27, 2005

            

The House met pursuant to adjournment.


            Speaker Pro Tem Bearden in the Chair.


            Prayer by Father David Buescher.


              God of grace and understanding, our representatives have heard our Governor speak, and should now focus on the process of assessing the present and legislating for the future.


              Give these men and women spirit and insight to make the decisions which will concern our citizens. With minds and hearts of muscle and devotion, help them work today to try to realize their dreams and goals for this state. 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: Clara Diaz, Abby Best, Cole Thurman, Travis Redding and Robert Browning.


            The Journal of the twelfth day was approved as printed by the following vote:


AYES: 156

 

 

 

 

 

 

 

 

 

Aull

Baker 123

Baker 25

Barnitz

Bean

Bearden

Behnen

Bivins

Black

Bowman

Bringer

Brooks

Brown 30

Brown 50

Bruns

Burnett

Byrd

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

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

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

Smith 118

Smith 14

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

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: 006

 

 

 

 

 

 

Avery

Bland

Boykins

Page

Skaggs

Vogt

 

 

 

 

 

 

 

 

 

VACANCIES: 001


HOUSE RESOLUTIONS


            Representative Cooper (158) offered House Resolution No. 282.

            Representative Kingery offered House Resolution No. 298.

 

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 274 - Representative Jackson

            House Resolution No. 275 - Representative Munzlinger

            House Resolution No. 276

                        and

            House Resolution No. 277 - Representative Wildberger

            House Resolution No. 278 - Representative Villa

            House Resolution No. 279 - Representative Fares

            House Resolution No. 280 - Representative Rector

            House Resolution No. 281 - Representative Cooper (158)

            House Resolution No. 283 - Representatives Dusenberg and Pratt

            House Resolution No. 284

                        and

            House Resolution No. 285 - Representative Dusenberg

            House Resolution No. 286

                        through

            House Resolution No. 297 - Representative Pearce

            House Resolution No. 299 - Representative Cooper (158)

            House Resolution No. 300 - Representative Lager

            House Resolution No. 301 - Representative May




SECOND READING OF HOUSE JOINT RESOLUTION


            HJR 11 was read the second time.


SECOND READING OF HOUSE BILLS


            HB 324 through HB 363 were read the second time.


HOUSE RESOLUTION


            HR 241, relating to Ethics Committee Rules of Procedure, was taken up by Representative Dempsey.


            On motion of Representative Dempsey, HR 241 was adopted by the following vote:


AYES: 155

 

 

 

 

 

 

 

 

 

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

Darrough

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

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

Smith 118

Smith 14

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

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: 001

 

 

 

 

 

 

 

 

 

Daus

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

 

Avery

Boykins

Cooper 120

Page

Skaggs

Vogt

 

 

 

 

 

 

 

 

 

VACANCIES: 001


REFERRAL OF HOUSE BILLS


HB 27 – Crime Prevention and Public Safety

HB 37 – Ways and Means

HB 39 – Elementary and Secondary Education

HB 41 – Health Care Policy

HB 44 – Elections

HB 46 – Local Government

HB 49 – Judiciary

HB 50 – Judiciary

HB 52 – Ways and Means

HB 53 – Transportation

HB 54 – Ways and Means

HB 56 – Professional Registration and Licensing

HB 57 – Crime Prevention and Public Safety

HB 58 – Local Government

HB 59 – Professional Registration and Licensing

HB 61 – Professional Registration and Licensing

HB 64 – Ways and Means

HB 65 – Ways and Means

HB 66 – Elections

HB 72 – Local Government

HB 73 – Elementary and Secondary Education

HB 74 – Crime Prevention and Public Safety

HB 75 – Small Business

HB 76 – Local Government

HB 77 – Workforce Development and Workplace Safety

HB 81 – Elementary and Secondary Education

HB 82 – Health Care Policy

HB 86 – Insurance Policy

HB 87 – Elementary and Secondary Education

HB 88 – Insurance Policy

HB 90 – Elementary and Secondary Education

HB 92 – Ways and Means

HB 93 – Workforce Development and Workplace Safety

HB 96 – Insurance Policy

HB 97 – Crime Prevention and Public Safety

HB 98 – Workforce Development and Workplace Safety

HB 99 – Judiciary

HB 103 – Higher Education

HB 104 – Local Government

HB 107 – Elections

HB 109 – Professional Registration and Licensing

HB 111 – Ways and Means

HB 114 – Local Government

HB 120 – Transportation

HB 121 – Crime Prevention and Public Safety

HB 125 – Transportation

HB 126 – Crime Prevention and Public Safety

HB 127 – Local Government

HB 132 – Transportation

HB 133 – Local Government

HB 135 – Job Creation and Economic Development

HB 137 – Judiciary

HB 141 – Senior Citizen Advocacy

HB 142 – Professional Registration and Licensing

HB 145 – Elementary and Secondary Education

HB 147 – Transportation

HB 150 – Ways and Means

HB 152 – Elections

HB 153 – Elementary and Secondary Education

HB 155 – Transportation

HB 156 – Crime Prevention and Public Safety

HB 158 – Job Creation and Economic Development

HB 166 – Conservation and Natural Resources

HB 170 – Local Government

HB 173 – Elementary and Secondary Education

HB 175 – Professional Registration and Licensing

HB 177 – Crime Prevention and Public Safety

HB 178 – Judiciary

HB 180 – Local Government

HB 181 – Ways and Means

HB 182 – Professional Registration and Licensing

HB 185 – Veterans

HB 188 – Crime Prevention and Public Safety

HB 189 – Crime Prevention and Public Safety

HB 193 – Judiciary

HB 194 – Ways and Means

HB 196 – Crime Prevention and Public Safety

HB 200 – Local Government

HB 201 – Transportation

HB 205 – Children and Families

HB 207 – Workforce Development and Workplace Safety

HB 208 – Judiciary

HB 209 – Ways and Means

HB 211 – Agriculture Policy

HB 215 – Local Government

HB 218 – Transportation

HB 219 – Administration and Accounts

HB 221 – Ways and Means

HB 222 – Ways and Means

HB 225 – Judiciary

HB 226 – Job Creation and Economic Development

HB 227 – Job Creation and Economic Development

HB 230 – Senior Citizen Advocacy

HB 231 – Senior Citizen Advocacy

HB 234 – Judiciary

HB 235 – Ways and Means

HB 245 – Conservation and Natural Resources

HB 250 – Local Government

HB 251 – Elementary and Secondary Education

HB 253 – Local Government

HB 254 – Transportation

HB 256 – Ways and Means

HB 257 – Ways and Means

HB 260 – Local Government

HB 261 – Retirement

HB 262 – Transportation

HB 263 – Retirement

HB 264 – Higher Education

HB 267 – Agriculture Policy

HB 269 – Judiciary

HB 270 – Judiciary

HB 273 – Workforce Development and Workplace Safety

HB 279 – Judiciary

HB 284 – Local Government

HB 292 – Utilities

HB 293 – Ways and Means

HB 300 – Professional Registration and Licensing


COMMITTEE REPORT


            Committee on Elections, Chairman May reporting:


            Mr. Speaker: Your Committee on Elections, to which was referred SB 176, 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.




INTRODUCTION OF HOUSE JOINT RESOLUTIONS


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


HJR 12, introduced by Representatives Bearden, Lager, Roark, Goodman, Baker (123), Munzlinger, Schneider, Bivins, Myers, Phillips, Stefanick, Wasson, Wood, Sander, Dixon, Icet, Davis, Cunningham (86), Sutherland, Ervin, Ruestman, Stevenson, Brown (30), Threlkeld, Myers, Smith (14), Goodman, Moore, Hunter, Emery, Cooper (155) and Dusenberg, relating to limits on state appropriations.


HJR 13, introduced by Representatives Portwood and Lembke, relating to property exempt from taxation.


INTRODUCTION OF HOUSE BILLS


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


HB 364, introduced by Representatives Myers, Stevenson and Sutherland, relating to taxation of modular units.


HB 365, introduced by Representatives Munzlinger, Jones, Parson, Barnitz, Bringer, Dougherty, Kuessner, Henke, Ervin, Hobbs, Myers, Nieves, Davis (19), Dusenberg, Jetton, Smith (118), Sater, Wells, Pearce, Witte, Whorton, Shoemyer, Salva, Robinson, Schad, Wasson, Guest, Schlottach, Sutherland, Wilson (119), Jackson, Emery, Black, Lipke, Lembke, Ruestman, Goodman, Bearden, Moore, Day, Behnen, Richard, Cooper (120), Sander, Harris (110), Cunningham (86), Self, Kingery, Rector, May and McGhee, relating to the county sheriff's revolving fund.


HB 366, introduced by Representatives Munzlinger, Sander, Day, Whorton, Pearce, Weter, Myers, Loehner, Harris (110), Moore, Sutherland, Behnen and Hunter, relating to landowner liability.


HB 367, introduced by Representatives Munzlinger, Sander, Moore, Myers and Behnen, relating to agricultural production.


HB 368, introduced by Representatives Munzlinger, Brown (30), Myers, Swinger, Dougherty, Sander, Whorton, Hobbs, Dethrow, Sater, Wilson (119) and Darrough, relating to biodiesel fuel.


HB 369, introduced by Representatives Munzlinger, Myers, Sander and Moore, relating to the agricultural product utilization contributor tax credit.


HB 370, introduced by Representatives Munzlinger, Hunter, Quinn, Sander and Darrough, relating to the designation of a state poem.




HB 371, introduced by Representatives Smith (118), Sater, Walton, Ervin, Moore, Threlkeld, Parson, Pearce, Cunningham (86), Zweifel, Hunter, Bruns, Whorton, Myers, Brown (30), Sander, Icet, Denison, Rupp, Yaeger, Franz, Oxford, Hobbs, Quinn and Munzlinger, relating to the administrative law judges and legal advisors retirement system.


HB 372, introduced by Representatives Darrough, Corcoran, Kuessner, Aull, Liese, Chappelle-Nadal, Young, Hoskins and George, relating to rebates.


HB 373, introduced by Representatives Fares, Sutherland, Bivins, St. Onge, Schlottach and Schoemehl, relating to the senior citizens' homestead tax relief act.


HB 374, introduced by Representatives Villa, Wright-Jones, Kratky, Daus, Storch, Oxford, Johnson (61), Donnelly and Hubbard, relating to the state highways and road system.


HB 375, introduced by Representatives Nance, Aull, Day, McGhee, Wells, Cooper (120), Fisher, Jones and Parson, relating to the Congressman Ike Skelton Bridge.


HB 376, introduced by Representatives Guest, Myers, Hunter, Dethrow, Kelly, Black, Moore and Munzlinger, relating to concentrated animal feeding operations.


HB 377, introduced by Representatives Wilson (119), Wallace, Wood, Loehner, Bivins, Franz, Chinn, Nolte, Roark, Dixon, Cunningham (145), Munzlinger, Parson, Pollock, Brown (30), Lipke, Guest, Emery, Dethrow, Hobbs, Richard, Ervin, Icet, Wasson, Wilson (130), Denison, Smith (118), Sander, Myers, Pearce, Sater, Wells, Robb, Day, Weter, Fisher, Wright (159), Rector, Meadows, Yaeger, Harris (110), Low (39), Jones, Schad, Sutherland, Schlottach, Darrough, Corcoran, Dougherty, Hubbard, Schaaf, Kingery, Page, Dusenberg, Self, Smith (14), Viebrock, Ruestman, Quinn, Behnen, Bean, Cooper (155), Shoemyer, Johnson (47), Cunningham (86) and Moore, relating to automatic renewal of driver's licenses.


HB 378, introduced by Representative Cooper (120), relating to school district tuition adjustments.


HB 379, introduced by Representative Cooper (120), relating to compensation for financial institution regulators.


HB 380, introduced by Representatives Walton, Oxford, Rupp, Hunter, Brown (30), Quinn, Viebrock, Stevenson and Portwood, relating to fire protection districts.


HB 381, introduced by Representatives Walton, Oxford, Wildberger, Rupp, Hunter, Brown (30), Quinn, Viebrock, Stevenson, Portwood, Boykins and Rucker, relating to fire protection districts.


HB 382, introduced by Representatives George, Lowe (44) and Walsh, relating to prevailing wages on public works.


HB 383, introduced by Representatives Pratt, Wright-Jones and Schneider, relating to sovereign immunity.


HB 384, introduced by Representatives Shoemyer, Henke, Kuessner, Harris (110), Harris (23), LeVota, Whorton, Liese, Jetton, Parker, Corcoran, Burnett, Young, Robinson, Fraser, Donnelly, Wright-Jones, Boykins, Haywood, Curls, Goodman, Barnitz, Skaggs, Baker (25), Kratky, Villa, Meadows, Jolly, Darrough, Witte, Swinger, Roorda, Storch, Salva, Chappelle-Nadal, El-Amin, Low (39), Johnson (47), Smith (118), Schaaf, Black, Wood, Wilson (119), Nolte, Faith, Schlottach, Barnitz, Quinn and Brown (50), relating to anhydrous ammonia.


HB 385, introduced by Representative Cooper (158), relating to the designation of a memorial bridge.


HB 386, introduced by Representative Cooper (158), relating to the designation of Ronald Reagan Day in Missouri.


HB 387, introduced by Representatives Byrd, Burnett and Goodman, relating to the dry-cleaning environmental response trust.


HB 388, introduced by Representative Yates, relating to insurance compliance audits.


HB 389, introduced by Representatives Harris (23), Witte, Roorda, Jolly, Lampe, Baker (25), Oxford, Henke, LeVota, Barnitz, Whorton, Shoemyer, Liese, Storch, Fraser, Schoemehl, Rucker, Robinson, Burnett, Aull, Meadows, Brown (50), Casey, Wildberger, Hubbard, Walsh, Curls, Skaggs, Corcoran, Kuessner, Meiners, Harris (110), George, Sanders Brooks, Page, Yaeger, Young, Walton, Daus, Darrough, Kratky, Hoskins, Zweifel, Donnelly, Chappelle-Nadal, Vogt, Bowman, Wagner, Johnson (61), Swinger, Bland, Haywood, Bringer, Salva, Hughes, Johnson (90), Villa, Boykins, Lowe (44), Selby, El-Amin, Low (39) and Spreng, relating to endangering the welfare of a child in the first degree.


HB 390, introduced by Representatives Harris (23), Walton, Harris (110), Oxford, LeVota, Lampe, Yaeger, Johnson (90), Storch, Burnett, Salva, Aull, Roorda, Meadows, Casey, Witte, Villa, Fraser, Donnelly, Wright-Jones, Zweifel, Sater, Jolly, Brown (50), George, Schoemehl, Wagner, Johnson (61), Meiners, Baker (25), Shoemyer, Daus, Haywood, Kratky, Bland, Wildberger, Liese, Schneider, Page, Hubbard, Spreng, Hoskins, Rucker, Robinson, Bowman, Kuessner, Swinger, Walsh, Henke, Selby, Darrough and Robb, relating to unlawful transactions with a child.


WITHDRAWAL OF HOUSE BILL


January 27, 2005


Steve Davis, Chief Clerk

House of Representatives

State Capitol Building

Jefferson City, MO 65101-6806


Dear Mr. Davis:


I would like to withdraw House Bill No. 310 to be submitted at a later date.




Sincerely,


/s/ Kevin Wilson

State Representative

District 130


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


ADJOURNMENT


            On motion of Representative Dempsey, the House adjourned until 4:00 p.m., Monday, January 31, 2005.


COMMITTEE MEETINGS


AGRICULTURE POLICY

Tuesday, February 1, 2005, 12:00 p.m. Hearing Room 1.

Public hearing to be held on: HB 191


APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Tuesday, February 1, 2005, 8:00 a.m. Hearing Room 4.

Overviews Department of Conservation and Department of Agriculture.


APPROPRIATIONS - EDUCATION

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

Organizational meeting.


APPROPRIATIONS - EDUCATION

Tuesday, February 1, 2005, 2:45 p.m. Hearing Room 1.

Presentation from Department of Elementary and Secondary Education.


APPROPRIATIONS - GENERAL ADMINISTRATION

Tuesday, February 1, 2005, 8:00 a.m. Hearing Room 7.

Organizational meeting as well as reviewing proposed budgets from

office of Governor and Lt. Governor.


APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Tuesday, February 1, 2005, 8:00 a.m. Hearing Room 3.

Public testimony and discuss organizational issues.


APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Tuesday, February 1, 2005, 8:00 a.m. Hearing Room 6.

Organizational meeting.


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.


CONSERVATION AND NATURAL RESOURCES

Wednesday, February 2, 2005, 6:00 p.m. Hearing Room 1.

Public testimony from the Department of Conservation.


CRIME PREVENTION AND PUBLIC SAFETY

Tuesday, February 1, 2005, 6:00 p.m. Hearing Room 1.

Executive session may follow.

Public hearing to be held on: HB 272


ELECTIONS

Tuesday, February 1, 2005, 6:00 p.m. Hearing Room 5.

Introductory meeting with representatives from Secretary of

State Election Division, Ethics and County Clerks.


ELEMENTARY AND SECONDARY EDUCATION

Wednesday, February 2, 2005, 8:00 a.m. Hearing Room 3.

Executive session may follow.

Public hearings to be held on: HB 172, HB 276, HB 297


FISCAL REVIEW

Wednesday, February 2, 2005, 3:00 p.m. Hearing Room 6.

Organizational meeting.


HIGHER EDUCATION

Tuesday, February 1, 2005, 12:00 p.m. Hearing Room 4.

Public hearing to be held on: HB 220


RULES

Monday, January 31, 2005, 2:00 p.m. Hearing Room 1.

Executive session will follow.

Public hearing to be held on: SB 176


TRANSPORTATION

Wednesday, February 2, 2005, 8:00 a.m. Hearing Room 1.

Public hearings to be held on: HB 43, HB 62, HB 154, HB 210, HB 243


VETERANS

Wednesday, February 2, 2005, 8:00 a.m. Hearing Room 5.

Executive session may follow.

Public hearings to be held on: HB 94, HB 119, HB 162, HB 163, HB 213, HB 216




HOUSE CALENDAR


FOURTEENTH DAY, MONDAY, JANUARY 31, 2005


HOUSE JOINT RESOLUTIONS FOR SECOND READING


HJR 12 and HJR 13


HOUSE BILLS FOR SECOND READING


HB 364 through HB 390