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Journal of the House


First Regular Session, 93rd General Assembly




FIFTEENTH DAY, Tuesday, February 1, 2005

 

The House met pursuant to adjournment.


            Speaker Pro Tem Bearden in the Chair.


            Prayer by Father David Buescher.


              Heavenly Father, we begin this month asking You for grace and insight. We likewise ask a blessing on the little people of our state, the little people or our constituencies – children in schools, the sick in hospital or home, the aged and elderly, the homeless, single parents, anyone suffering discrimination of any kind, the hopelessly poor.


              This grand Chamber is here for them as well as for the healthy and the fortunate. Let the work done here this day be motivated by care for the entirety of our state. We bring You this need and all our private needs in trust and faith, longing for true peace and justice. 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: Thomas William Smith III, Joshua Farrar, David Bickel, Jenah Bickel, Faith Bickel, Laney Rabun and Stevie Rabun.


            The Journal of the fourteenth day was approved as corrected.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 314 - Representative Liese, et al.

            House Resolution No. 315 - Representative Sanders Brooks

            House Resolution No. 316 - Representative Aull

            House Resolution No. 317

                        through

            House Resolution No. 319 - Representative Schaaf

            House Resolution No. 320 - Representative Salva

            House Resolution No. 321 - Representative Dethrow

            House Resolution No. 322

                        and

            House Resolution No. 323 - Representative Denison

            House Resolution No. 324 - Representative Aull

            House Resolution No. 325 - Representative Robinson

            House Resolution No. 326 - Representative Swinger

            House Resolution No. 327 - Representative Lampe

            House Resolution No. 328 - Representative Aull

SECOND READING OF HOUSE BILLS


            HB 391 through HB 403 were read the second time.


THIRD READING OF SENATE BILL


            SB 176, relating to political subdivision elections, was taken up by Representative Deeken.


            On motion of Representative Deeken, SB 176 was truly agreed to and finally passed by the following vote:


AYES: 142

 

 

 

 

 

 

 

 

 

Aull

Baker 123

Baker 25

Bean

Bearden

Behnen

Bivins

Black

Bland

Boykins

Bringer

Brooks

Brown 30

Brown 50

Bruns

Byrd

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

Goodman

Guest

Henke

Hobbs

Hoskins

Hubbard

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

Liese

Lipke

Loehner

Low 39

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

Smith 118

Smith 14

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Wagner

Wallace

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright-Jones

Wright 137

Wright 159

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 017

 

 

 

 

 

 

 

 

 

Barnitz

Bowman

Burnett

Chappelle-Nadal

Darrough

Donnelly

El-Amin

Harris 110

Harris 23

Haywood

Hughes

Johnson 90

LeVota

Lowe 44

Page

Vogt

Walsh

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

George

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 002

 

 

 

 

 

 

Avery

Walton

 

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            The emergency clause was adopted by the following vote:


AYES: 158

 

 

 

 

 

 

 

 

 

Aull

Baker 123

Baker 25

Barnitz

Bean

Bearden

Behnen

Bivins

Black

Bland

Bowman

Boykins

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

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

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

Schneider

Schoemehl

Selby

Self

Shoemyer

Skaggs

Smith 118

Smith 14

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

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

 

 

 

 

 

 

 

 

 

El-Amin

 

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

George

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 002

 

 

 

 

 

 

Avery

Walton

 

 

 

 

 

 

 

 

VACANCIES: 001


RECESS


            Representative Dempsey moved that the House stand in recess until 12:15 p.m. in order for the Speaker to sign SB 176.


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


SIGNING OF SENATE BILL


            All other business of the House was suspended while SB 176 was read at length and, there being no objection, was signed by the Speaker to the end that the same may become law.


REFERRAL OF HOUSE RESOLUTION


            The following House Resolution was referred to the Committee indicated:


HR 282 - Rules


REFERRAL OF HOUSE BILLS


            The following House Bills were referred to the Committee indicated:


HB 393 - Judiciary

HB 394 - Insurance Policy


INTRODUCTION OF HOUSE BILLS


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


HB 404, introduced by Representatives Goodman, Ruestman, Pearce, Bivins, Munzlinger, Wood, Daus, Sater, Johnson (47), Kratky and Wasson, relating to sewerage systems.


HB 405, introduced by Representatives Johnson (47) and Villa, relating to the sale of liquor.


HB 406, introduced by Representatives Roorda, Casey, Darrough, Meadows, Johnson (90), Wagner and Harris (110), relating to motorized bicycles.


HB 407, introduced by Representatives Roorda, Meadows, Casey, Darrough, Brown (50), Johnson (90), Wagner, Harris (110) and Selby, relating to schedule II controlled substances.


HB 408, introduced by Representatives Parker, Deeken, Sander, Schaaf, Hoskins, Hubbard, Bland, El-Amin, Bruns, Quinn, Kingery, Villa, Boykins, Lowe (44), Harris (110) and Schneider, relating to the creation of a death penalty commission.


HB 409, introduced by Representative Vogt, relating to the St. Louis students' bill of rights.


HB 410, introduced by Representatives Flook, Nance, Ervin, Nolte, Walton, Cooper (155), Moore, Denison and Skaggs, relating to the designation of a highway.


HB 411, introduced by Representatives Denison, Wilson (119), Myers, Lampe, Dougherty, Brown (50), Sater, Behnen, Whorton, Meiners, Sander, Weter and Moore, relating to employment of retirees of the public school retirement system.


HB 412, introduced by Representatives Wasson, Smith (14), Wilson (119), Wood, Viebrock, Roark, Byrd, Ervin, Jackson, Day, Wallace, Cunningham (145), Jetton, Denison, Richard, Parson, Schad, Kuessner, Kratky, Dougherty, May, Cooper (158), Wilson (130) and Dethrow, relating to income taxation.


HB 413, introduced by Representatives Hubbard, Jetton, Parker, Chappelle-Nadal, Bland, Bowman, Page, Rucker, Hoskins, Hughes, Low (39), Bearden, Schaaf, Oxford, Lampe, Baker (25), Selby, Skaggs, Zweifel, Darrough, Wildberger, Whorton, Cooper (155), Meadows, Harris (110) and Sanders Brooks, relating to a bioterrorism vaccination program for first responders deployed to disaster locations.


HB 414, introduced by Representatives Bruns and Rupp, relating to an income tax exemption for military service personnel.


HB 415, introduced by Representatives Sutherland, Smith (118) and Lipke, relating to county recorders.


HB 416, introduced by Representatives Smith (14), Sutherland, Smith (118), Dougherty, Bearden, Hoskins, Hubbard, Jolly, Brown (30), Munzlinger, Cooper (120), Faith, Behnen, Dixon, Ervin, Baker (123), Robinson, Walton, Page, Day, Bivins, Whorton, Dusenberg, Kelly, Parker, Shoemyer, St. Onge, Kingery, Lampe, Pratt, Chinn, Ruestman, Self, Davis, Viebrock, Moore and Wasson, relating to tax relief for veterans.


COMMITTEE ASSIGNMENTS


JOINT COMMITTEE ON ADMINISTRATIVE RULES


Byrd, Richard - Chair

Goodman, Jack

Page, Sam

Stevenson, Bryan

Vogt, Michael




JOINT COMMITTEE ON CAPITAL IMPROVEMENTS AND LEASES OVERSIGHT


Boykins, Amber

Icet, Allen

Lager, Brad

Lembke, Jim

Meadows, Tim


JOINT COMMITTEE ON CORRECTIONS


Moore, Danie - Vice-Chair

Bruns, Mark

Harris, Belinda

Hubbard, Rodney

Kelly, Van

Robinson, Brad


JOINT COMMITTEE ON COURT AUTOMATION


Bringer, Rachel

Byrd, Richard

Lager, Brad


JOINT COMMITTEE ON ECONOMIC DEVELOPMENT POLICY AND PLANNING


Richard, Ron - Chair

Bowman, John

Dempsey, Tom

Swinger, Terry

Wilson, Kevin


JOINT COMMITTEE ON EDUCATION


Baker, Brian

Bringer, Rachel

Brooks, Sharon Sanders

Corcoran, Michael

Johnson, Bob

Robb, Ed

Wallace, Maynard




JOINT COMMITTEE ON GAMING AND WAGERING


Johnson, Bob - Vice Chair

Bean, Otto

Dusenberg, Gary

Meiners, Kate

Wagner, Wes


JOINT COMMITTEE ON GOVERNMENT ACCOUNTABILITY


Cooper, Nathan

Donnelly, Margaret

Ervin, Doug

Faith, Sally

Icet, Allen

Meadows, Tim

Zweifel, Clint


JOINT COMMITTEE ON LEGISLATIVE RESEARCH


Bearden, Carl - Vice Chair

Barnitz, Frank

Bringer, Rachel

Cooper, Shannon

Dempsey, Tom

Icet, Allen

Lager, Brad

Salva, Ray

Walton, Juanita

Yates, Brian


JOINT COMMITTEE ON PUBLIC EMPLOYMENT RETIREMENT


Smith, Todd - Chair

Daus, Mike

Franz, Ward

Haywood, Esther

Rupp, Scott

Yaeger, Patricia


JOINT COMMITTEE ON TAX POLICY


Sutherland, Mike - Chair

Bland, Craig

Cooper, Shannon

Stevenson, Bryan

Zweifel, Clint


JOINT COMMITTEE ON TERRORISM, BIOTERRORISM AND HOMELAND SECURITY


Jackson, Jack - Chair

Bruns, Mark

Cooper, Wayne

Dusenberg, Gary

Roorda, Jeff

Walsh, Gina

Wildberger, Ed


JOINT COMMITTEE ON TRANSPORTATION OVERSIGHT

 

St. Onge, Neal - Chair

Black, Lanie

Daus, Mike

Denison, Charlie

Henke, Wayne

Schlottach, Charlie

Young, Terry

 

JOINT COMMITTEE ON WETLANDS

 

Munzlinger, Brian - Chair

Barnitz, Frank

Henke, Wayne

Wood, Dennis

Wright, Billy Pat

 

COMMITTEE CHANGES

 

            The Speaker submitted the following Committee changes:

 

            Representative Bowman has been appointed a member of the Transportation Committee.

 

            Representative Boykins has been appointed a member of the Financial Institutions Committee.

 

            Representative Cooper (158) has been appointed a member of the Financial Institutions Committee and the Fiscal Review Committee.

 

            Representative Darrough is no longer a member of the Ways and Means Committee and has been appointed a member of the Crime Prevention and Public Safety Committee.

 

            Representative Deeken has been appointed a member of the Small Business Committee.

 

            Representative Goodman has been appointed a member of the Fiscal Review Committee.

 

            Representative Kelly has been appointed a member of the Workforce Development and Workplace Safety Committee.

 

            Representative Kratky has been appointed a member of the Insurance Policy Committee.

 

            Representative Parson has been appointed a member of the Crime Prevention and Public Safety Committee.

 

            Representative Wallace has been appointed a member of the Local Government Committee.

 

            Representative Wright-Jones is no longer a member of the Insurance Policy Committee and the Transportation Committee and has been appointed a member of the Small Business Committee and the Ways and Means Committee.

 

MESSAGE FROM THE GOVERNOR

 

Office of the Governor

State of Missouri

 

January 31, 2005

 

REORGANIZATION PLAN NO. 1

2005

 

TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE STATE OF MISSOURI:

 

By virtue of the authority vested in me by the Constitution and laws of the State of Missouri, including the Omnibus State Reorganization Act of 1974 and sections 26.500 through 26.540, RSMo, I hereby transmit Reorganization Plan No. 1 of 2005, by Executive Order 05-07, providing for the consolidation of the Office of Information Technology and the division of Information Services within the Office of Administration.

 

                                                                                                                   Respectfully submitted,

 

                                                                                                                   /s/ Matt Blunt

 

EXECUTIVE ORDER

05-07

 

              WHEREAS, the State of Missouri recognizes the critical importance of technology to its government, industry, and economy; and

 

              WHEREAS, the Office of Information Technology was established by Executive Order 03-26 develop strategies and policies to improve existing information technology investments and create a plan to establish an infrastructure which supports innovative government management solutions; and

 

              WHEREAS, Executive Order 03-26 provided that for administrative purposes, the Office of Information Technology shall be located within the Office of Administration; and

 

              WHEREAS, the Office of Administration’s Division of Information Services was created pursuant to Chapter 37, RSMo, and is the central point for coordinating the data processing policies of the executive branch, promoting economy and efficiency in the use of data processing and telecommunications for the transaction of State business; and

 

              WHEREAS, it appears to be in the best interest of the State of Missouri to consolidate the Office of Information Technology and the Division of Information Services to avoid duplication of activities and administrative costs, thereby achieving economy and efficiency across State government; and

 

              WHEREAS, it is appropriate for this consolidated office to be assigned to the Office of Administration.

 

              NOW THEREFORE, I, Matt Blunt, Governor of the State of Missouri, by virtue of the authority vested in me by the Constitution and laws of the State of Missouri, including Article IV, Section 12, Missouri Constitution, Chapter 26, RSMo, and the Omnibus State Reorganization Act of 1974, hereby assign the Office of Information Technology to the Office of Administration’s Division of Information Services in its entirety with all the authority, powers, duties, functions, records, personnel, property, contracts, budgets, matters pending, and other pertinent vestiges of the Office of Information Technology. Further, the head of the consolidated office shall have the title of Chief Information Officer and Director of the Division of Information Services.

 

              IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 26th day of January, 2005.

 

WITHDRAWAL OF HOUSE BILL

 

February 1, 2005

 

Mr. Steve Davis, Chief Clerk

Missouri House Representatives

State Capitol

Jefferson City, MO 65101

 

Dear Steve:

 

I had previously filed House Bill No. 384 relating to anhydrous ammonia, but respectfully request that this bill be withdrawn.

 

Thank you for your assistance in this matter.

 

Sincerely,

 

/s/ Wes Shoemyer

 

ADJOURNMENT

 

            On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Wednesday, February 2, 2005.

 

CORRECTION TO THE HOUSE JOURNAL

 

            Correct House Journal, Fourteenth Day, Monday, January 31, 2005, Page 185, Line 8, by deleting the name “Bearden” and inserting in lieu thereof the name “Cooper (120)”.

 

 


COMMITTEE MEETINGS

 

APPROPRIATIONS - GENERAL ADMINISTRATION

Wednesday, February 2, 2005, 2:45 p.m. Hearing Room 7.

Budgets to be reviewed. Office of Secretary of State, State Treasurer,

Attorney General and State Auditor.

 

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Monday, February 7, 2005, 10:00 a.m. Hearing Room 3.

Public testimony and discuss organizational issues.

 

CONSERVATION AND NATURAL RESOURCES

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

Public testimony on the Department of Conservation.

 

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

 

ETHICS

Thursday, February 3, 2005, 8:00 a.m. Hearing Room 4.

Approval of caucuses. Executive session to follow.

 

FINANCIAL INSTITUTIONS

Tuesday, February 8, 2005, 12:00 p.m. Hearing Room 6.

Executive session may follow.

Public hearing to be held on: HB 248

 

FISCAL REVIEW

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

Organizational meeting.

 

HEALTH CARE POLICY

Wednesday, February 2, 2005, 8:00 a.m. Hearing Room 6.

Organizational meeting.

 

JOB CREATION AND ECONOMIC DEVELOPMENT

Wednesday, February 2, 2005, 12:00 p.m. Hearing Room 6.

Organizational meeting. Executive session may follow.

 

LOCAL GOVERNMENT

Thursday, February 3, 2005, 8:00 a.m. Hearing Room 6.

Public hearings to be held on: HB 127, HB 46, HB 215, HB 58, HB 284

Executive session may be held on: HB 40

 

 


PROFESSIONAL REGISTRATION AND LICENSING

Wednesday, February 2, 2005, 12:00 p.m. Hearing Room 1.

Organizational meeting. Executive board directors from the

Division of Professional Registration will be in attendance.

 

RULES

Wednesday, February 2, 2005, 3:30 p.m. Hearing Room 5.

Executive session may be held.

Public hearings to be held on: HR 309, HR 282

 

SENIOR CITIZEN ADVOCACY

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

Executive session may follow.

Public hearing to be held on: HB 229

 

SMALL BUSINESS

Wednesday, February 2, 2005, 12:00 p.m. Hearing Room 3.

Executive session may follow. AMENDED

Public hearing to be held on: HB 190

 

TRANSPORTATION

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

Public hearings to be held on: HB 43, HB 62, HB 154, HB 155, HB 210, HB 243

 

UTILITIES

Wednesday, February 2, 2005, 12:00 p.m. Hearing Room 5.

Committee will begin at noon or after morning session, whichever is later.

Executive session may follow. AMENDED

Public hearing to be held on: HB 292

 

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

 

WAYS AND MEANS

Wednesday, February 2, 2005, 6:00 p.m. Hearing Room 7.

Organizational issues will be discussed.

Public hearings to be held on: HB 65, HB 221, HB 48

 

HOUSE CALENDAR

 

SIXTEENTH DAY, WEDNESDAY, FEBRUARY 2, 2005

 

HOUSE BILLS FOR SECOND READING

 

HB 404 through HB 416