jrn018_8.ps

 

Journal of the House


First Regular Session, 93rd General Assembly




EIGHTEENTH DAY, Monday, February 7, 2005

The House met pursuant to adjournment.


            Speaker Pro Tem Bearden in the Chair.


            Prayer by Father David Buescher.


              On this Monday, this beginning of the week, Holy God, we praise Thy Name. For the good in our lives and our families, for the gifts Your generosity has deigned us, and for the work we are about to undertake for our state, we thank You.


              May this week open for us joy in people and events, and a sense of accomplishment in what we undertake. Rain or shine, fast or feast, plenty or poverty, You are in us, with us, above us and between us. Continue to reign in these humble hearts, wherever these Your representatives find themselves this week. Amen.


            The Pledge of Allegiance to the flag was recited.


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


AYES: 153

 

 

 

 

 

 

 

 

 

Aull

Baker 123

Baker 25

Barnitz

Bean

Bearden

Behnen

Bivins

Black

Bowman

Boykins

Bringer

Brown 30

Brown 50

Bruns

Burnett

Byrd

Chappelle-Nadal

Casey

Chinn

Cooper 120

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Guest

Harris 110

Harris 23

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McGhee

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

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: 009

 

 

 

 

 

 

Avery

Bland

Brooks

Cooper 155

Dougherty

Goodman

Hunter

LeVota

Meadows

 

 

 

 

 

 

VACANCIES: 001


HOUSE CONCURRENT RESOLUTION


Representative Hoskins, et al., offered House Concurrent Resolution No. 18.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 372 - Representative Hoskins

            House Resolution No. 373 - Representative Ruestman

            House Resolution No. 374 - Representative Franz

            House Resolution No. 375 - Representative Nance

            House Resolution No. 376 - Representative Oxford

            House Resolution No. 377 - Representative Casey

            House Resolution No. 378 - Representative Behnen

            House Resolution No. 379 - Representative Day

            House Resolution No. 380 - Representative Chappelle-Nadal

            House Resolution No. 381 - Representative Robb


SECOND READING OF HOUSE BILLS


            HB 442 through HB 465 were read the second time.


REFERRAL OF HOUSE BILL


            The following House Bill was referred to the Committee indicated:


HB 371 - Retirement




INTRODUCTION OF HOUSE BILLS


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


HB 466, introduced by Representatives Wilson (130), Ruestman, Brown (30), Stevenson, Daus, Weter, Jackson and Page, relating to impounding vehicles.


HB 467, introduced by Representative Storch, relating to expenditures by lobbyists.


HB 468, introduced by Representatives Richard, Jetton, Hobbs, Myers, Munzlinger, Spreng, Cooper (120), Portwood, Schneider, Cunningham (145), Kuessner, Kratky, Yates, Lager, Wasson, Stefanick, Harris (23), Rector, Barnitz, Roark, Lembke, Bringer, Schlottach, Robinson, Henke, Jackson, Guest, Johnson (47), Nieves, McGhee, Byrd, Ruestman, Wilson (130), Stevenson, Flook, Bowman, Weter, Wood, Hunter, Pearce, Self, Pollock, May, Salva, Casey, Swinger, Kraus, Rupp, Chappelle-Nadal, Sater, Ervin, Page, Whorton, Dixon, Fisher, Dempsey, Brown (50), Roorda, Zweifel, Smith (118), Parker, Behnen, Icet, Dusenberg, Brown (30), Tilley, Witte, Moore and Cunningham (86), relating to the state treasurer.


HB 469, introduced by Representatives Sater, Darrough, Page, Wildberger, Wilson (119) and Denison, relating to motor vehicle warranties.


HB 470, introduced by Representative Deeken, relating to state employees.


HB 471, introduced by Representative Hunter, relating to wholesale distributors of prescription drugs.


HB 472, introduced by Representatives Sander, Phillips, Lowe (44), Harris (110), Chinn, Hobbs and Moore, relating to captioning of electronic video instructional materials.


HB 473, introduced by Representative Yates, relating to pupil residency waiver requests.


HB 474, introduced by Representatives Yates and Wilson (130), relating to right of intervention by insurers in certain civil actions.




MESSAGE FROM THE GOVERNOR


Office of the Governor

State of Missouri


February 3, 2005


REORGANIZATION PLAN NO. 4

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. 4 of 2005, by Executive Order 05-10, providing for the transfer of in-home service programs from the Department of Social Services and the Department of Elementary and Secondary Education to the Department of Health and Senior Services.


EXECUTIVE ORDER

05-10


WHEREAS, the Department of Elementary and Secondary Education is authorized pursuant to Article IX of the Missouri Constitution and created pursuant to Chapter 161.020, RSMo; and

      

WHEREAS, the Department of Social Services is created pursuant to Article IV, Section 37 of the Missouri Constitution and Chapter 660.010, RSMo; and

      

WHEREAS, the Department of Health and Senior Services is created pursuant to Chapter 192.005, RSMo; and


WHEREAS, the Department of Elementary and Secondary Education currently provides personal attendant care to individuals with severe physical disabilities to enable them to live more independently through the Personal Assistance Services Program; and


WHEREAS, the Department of Social Services currently provides access to health care for low-income elderly and disabled individuals through the Medicaid Program; and


WHEREAS, the Department of Health and Senior Services provides support services to help seniors and adults with disabilities maintain their independence and safety; and


WHEREAS, the transfer of in-home care programs and services to one state department would better serve the state’s elderly and disabled clients; and


WHEREAS, consolidation of these services would increase efficiencies and eliminate duplication of efforts; and


WHEREAS, I am committed to integrating executive branch operations to improve the way the state delivers services.


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 order the Missouri Department of Elementary and Secondary Education, the Missouri Department of Social Services, and the Missouri Department of Health and Senior Services to cooperate to:

 

              1.           Develop mechanisms and processes necessary to effectively transfer in-home services programs that serve the elderly and disabled individuals to the Department of Health and Senior Services;

 

              2.           Transfer all authority, powers, duties, functions, records, personnel, property, contracts, budgets, matters pending, and other pertinent vestiges of the in-home services programs to the Department of Health and Senior Services, by Type I transfer, as defined under the Reorganization Act of 1974; and

 

              3.           Take the steps necessary to maintain compliance with federal requirements, so as not to jeopardize federal financial participation with this consolidation.

 

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 3rd day of February, 2005.


                                                                                                                   /s/ Matt Blunt

                                                                                                                        Governor


ATTEST:

/s/ Robin Carnahan

     Secretary of State


            The following members’ presence was noted: Bland, Sanders Brooks, Hunter and Meadows.


ADJOURNMENT


            On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Tuesday, February 8, 2005.


COMMITTEE MEETINGS


AGRICULTURE POLICY

Tuesday, February 8, 2005, 12:00 p.m. Hearing Room 1.

Possible Executive session.

Public hearings to be held on: HB 211, HB 267


APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

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

Public testimony for the Department of Conservation.


APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Tuesday, February 8, 2005, 2:45 p.m. Hearing Room 4.

Public testimony for the Department of Conservation.


APPROPRIATIONS - EDUCATION

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

Presentations from the Coordinating Board for Higher Education

and Higher Education Institutions.


APPROPRIATIONS - EDUCATION

Tuesday, February 8, 2005, 2:45 p.m. Hearing Room 1.

Presentations from Higher Education Institutions continued.


APPROPRIATIONS - EDUCATION

Wednesday, February 9, 2005, 2:45 p.m. Hearing Room 1.

Presentation from Linn State Technical College.

Public testimony on the First Steps Program.


APPROPRIATIONS - GENERAL ADMINISTRATION

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

Office of Administration - Public Debt, OA - Employee benefits,

OA - Department (first of two hearings).


APPROPRIATIONS - GENERAL ADMINISTRATION

Tuesday, February 8, 2005, 2:45 p.m. Hearing Room 7.

Office of Administration to be continued.


APPROPRIATIONS - GENERAL ADMINISTRATION

Wednesday, February 9, 2005, 2:45 p.m. Hearing Room 7.

Budget to be reviewed: Department of Revenue


APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

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

Overview Departments of Health, Mental Health, and Social Services.

Hearing will resume at 2:00 p.m.


APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

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

Public testimony will be heard for each department.


APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

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

Department of Economic Development public testimony will be heard. AMENDED


APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, February 8, 2005, 2:45 p.m. Hearing Room 5.

Department of Labor and Industrial Relations. AMENDED


APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Wednesday, February 9, 2005, 2:45 p.m. Hearing Room 5.

Department of Insurance and Department of

Transportation public testimony to continue.


BUDGET

Thursday, February 10, 2005, 8:00 a.m. Hearing Room 3.

Organizational meeting and discuss supplemental budget.


CONSERVATION AND NATURAL RESOURCES

Wednesday, February 9, 2005, 6:00 p.m. Hearing Room 1.

Public comment on the Missouri Department of Natural Resources.


CRIME PREVENTION AND PUBLIC SAFETY

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

Executive session may follow.

This may be a long hearing as committee intends to hear all testimony at this time.

Public hearing to be held on: HB 441


ELECTIONS

Tuesday, February 8, 2005, 6:00 p.m. Hearing Room 5.

Public hearings to be held on: HB 107, HB 66


ELEMENTARY AND SECONDARY EDUCATION

Wednesday, February 9, 2005, 8:00 a.m. Hearing Room 3.

Executive session may follow.

Public hearings to be held on: HB 87, HB 153


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


HEALTH CARE POLICY

Wednesday, February 9, 2005, 8:00 a.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 217, HB 82


JOB CREATION AND ECONOMIC DEVELOPMENT

Wednesday, February 9, 2005, 12:00 p.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 226, HB 135


JOINT COMMITTEE ON EDUCATION

Tuesday, February 8, 2005, 8:00 p.m. Senate Committee Room 1.

Initial discussion of Foundation Formula.


JUDICIARY

Tuesday, February 8, 2005, 12:00 p.m. Hearing Room 7.

Anticipated length of hearing three (3) hours.

Public hearing to be held on: HB 393


LOCAL GOVERNMENT

Thursday, February 10, 2005, 8:00 a.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 58, HB 284, HB 250, HB 114, HB 283


PROFESSIONAL REGISTRATION AND LICENSING

Wednesday, February 9, 2005, 12:00 p.m. Hearing Room 1. AMENDED

Public hearings to be held on: HB 56, HB 295, HB 61


TOURISM

Thursday, February 24, 2005, 9:00 a.m. House Lounge.

Presentation of the annual report by the Tourism Commission.


TRANSPORTATION

Wednesday, February 9, 2005, 8:00 a.m. Hearing Room 1. CANCELLED

Public hearings to be held on: HB 218, HB 262


VETERANS

Wednesday, February 9, 2005, 8:00 a.m. Hearing Room 5.

Public hearing to be held on: HB 185

Executive session will be held on: HB 94, HB 119, HB 163, HB 213, HB 216


WAYS AND MEANS

Wednesday, February 9, 2005, 6:00 p.m. Hearing Room 7.

Executive session may follow.

Public hearings to be held on: HB 181, HB 186, HB 63, HB 92


HOUSE CALENDAR


NINETEENTH DAY, TUESDAY, FEBRUARY 8, 2005


HOUSE BILLS FOR SECOND READING


HB 466 through HB 474