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Journal of the House


First Regular Session, 93rd General Assembly




TWENTY-FIRST DAY, Thursday, February 10, 2005

The House met pursuant to adjournment.


            Speaker Pro Tem Bearden in the Chair.


            Prayer by Father David Buescher.


              Heavenly Father, Creator of all that is of this generative Earth, we take a moment to attune ourselves to Your presence. For many of us most of the time, You are the backdrop of our day. We seldom notice You except in great joy, in great pain, or in great need.

 

              As our representatives endeavor to perceive Your gentle and powerful company behind and within this moment, may Your spirit of compassionate strength enable and empower the energy they expend and the work they do today. Amen.


            The Pledge of Allegiance to the flag was recited.


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


AYES: 159

 

 

 

 

 

 

 

 

 

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

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

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: 003

 

 

 

 

 

 

Avery

Dusenberg

Page

 

 

 

 

 

 

 

VACANCIES: 001


HOUSE CONCURRENT RESOLUTION


            Representative Zweifel, et al., offered House Concurrent Resolution No. 19.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 431

                        through

            House Resolution No. 440 - Representative Dempsey, et al.

            House Resolution No. 441 - Representative Hobbs

            House Resolution No. 442 - Representative Dixon

            House Resolution No. 443 - Representative Wasson

            House Resolution No. 444 - Representative Franz

            House Resolution No. 445 - Representative Hobbs

            House Resolution No. 446

                        and

            House Resolution No. 447 - Representative Hunter

            House Resolution No. 448 - Representative Brown (30)

            House Resolution No. 449 - Representative Loehner

            House Resolution No. 450 - Representative Viebrock

            House Resolution No. 451 - Representative Black

            House Resolution No. 452 - Representative May

            House Resolution No. 453

                        and

            House Resolution No. 454 - Representative Dixon

            House Resolution No. 455 - Representative Quinn

            House Resolution No. 456 - Representative Pratt

            House Resolution No. 457 - Representative Witte

            House Resolution No. 458 - Representative Byrd

            House Resolution No. 459 - Representative Jackson, et al.

            House Resolution No. 460 - Representative Nolte

            House Resolution No. 461 - Representative Cooper (158)

            House Resolution No. 462 - Representative Cunningham (145)

            House Resolution No. 463 - Representative Guest

            House Resolution No. 464 - Representative Cunningham (145)

            House Resolution No. 465

                        and

            House Resolution No. 466 - Representative Brown (30)

            House Resolution No. 467

                         through

            House Resolution No. 477 - Representative Cooper (120)

            House Resolution No. 478 - Representative Cunningham (145)

            House Resolution No. 479 - Representative Dethrow

            House Resolution No. 480 - Representative Kingery


SECOND READING OF HOUSE JOINT RESOLUTION


            HJR 14 was read the second time.


SECOND READING OF HOUSE BILLS


            HB 483 through HB 500 were read the second time.


COMMITTEE REPORTS


            Committee on Rules, Chairman Cooper (120) reporting:


            Mr. Speaker: Your Committee on Rules, to which was referred HCR 17, begs leave to report it has examined the same and recommends that it Do Pass, with no time limit for debate.


            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 297, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.


REFERRAL OF HOUSE RESOLUTIONS


            The following House Resolutions were referred to the Committee indicated:


HR 11 - Rules

HR 12 - Rules

HR 96 - Rules

HR 134 - Rules

HR 163 - Rules

HR 193 - Rules

HR 222 - Rules

HR 298 - Rules




REFERRAL OF HOUSE CONCURRENT RESOLUTIONS


            The following House Concurrent Resolutions were referred to the Committee indicated:


HCR 3 - Rules

HCR 4 - Rules

HCR 9 - Rules

HCR 11 - Rules

HCR 12 - Rules

HCR 15 - Rules


REFERRAL OF HOUSE JOINT RESOLUTIONS


            The following House Joint Resolutions were referred to the Committee indicated:


HJR 1 - Elections

HJR 2 - Elections

HJR 3 - Conservation and Natural Resources

HJR 9 - Elementary and Secondary Education

HJR 12 - Budget


REFERRAL OF HOUSE BILLS


            The following House Bills were referred to the Committee indicated:


HB 30 - Insurance Policy

HB 32 - Job Creation and Economic Development

HB 33 - Conservation and Natural Resources

HB 34 - Elementary and Secondary Education

HB 35 - Elementary and Secondary Education

HB 36 - Children and Families

HB 45 - Local Government

HB 51 - Elementary and Secondary Education

HB 55 - Special Committee on Education Funding

HB 60 - Health Care Policy

HB 78 - Small Business

HB 79 - Elementary and Secondary Education

HB 80 - Insurance Policy

HB 83 - Crime Prevention and Public Safety

HB 84 - Insurance Policy

HB 91 - Local Government

HB 100 - Children and Families

HB 101 - Crime Prevention and Public Safety

HB 102 - Small Business

HB 106 - Elementary and Secondary Education

HB 110 - Senior Citizen Advocacy

HB 112 - Retirement

HB 116 - Agriculture Policy

HB 117 - Elections

HB 124 - Transportation

HB 128 - Special Committee on Education Funding

HB 129 - Special Committee on Education Funding

HB 130 - Conservation and Natural Resources

HB 134 - Utilities

HB 138 - Insurance Policy

HB 139 - Professional Registration and Licensing

HB 140 - Crime Prevention and Public Safety

HB 143 - Children and Families

HB 144 - Children and Families

HB 146 - Ways and Means

HB 149 - Elections

HB 151 - Crime Prevention and Public Safety

HB 157 - Conservation and Natural Resources

HB 160 - Ways and Means

HB 161 - Conservation and Natural Resources

HB 165 - Crime Prevention and Public Safety

HB 167 - Crime Prevention and Public Safety

HB 174 - Professional Registration and Licensing

HB 176 - Local Government

HB 179 - Local Government

HB 183 - Transportation

HB 187 - Children and Families

HB 192 - Conservation and Natural Resources

HB 195 - Retirement

HB 197 - Workforce Development and Workplace Safety

HB 198 - Insurance Policy

HB 199 - Elections

HB 202 - Insurance Policy

HB 204 - Senior Citizen Advocacy

HB 206 - Insurance Policy

HB 214 - Elections

HB 223 - Transportation

HB 224 - Ways and Means

HB 228 - Senior Citizen Advocacy

HB 232 - Health Care Policy

HB 233 - Crime Prevention and Public Safety

HB 238 - Retirement

HB 239 - Retirement

HB 241 - Insurance Policy

HB 242 - Ways and Means

HB 244 - Crime Prevention and Public Safety

HB 246 - Health Care Policy

HB 252 - Children and Families

HB 255 - Elections

HB 265 - Small Business

HB 266 - Judiciary

HB 271 - Health Care Policy

HB 274 - Elementary and Secondary Education

HB 275 - Higher Education

HB 280 - Elections

HB 282 - Elementary and Secondary Education

HB 286 - Special Committee on Urban Issues

HB 287 - Judiciary

HB 288 - Transportation

HB 289 - Elementary and Secondary Education

HB 291 - Ways and Means

HB 294 - Veterans

HB 296 - Ways and Means

HB 299 - Workforce Development and Workplace Safety

HB 303 - Agriculture Policy

HB 305 - Agriculture Policy

HB 307 - Transportation

HB 311 - Professional Registration and Licensing

HB 322 - Judiciary

HB 327 - Retirement

HB 333 - Retirement

HB 334 - Retirement

HB 338 - Utilities

HB 342 - Local Government

HB 343 - Local Government

HB 344 - Local Government

HB 345 - Local Government

HB 347 - Local Government

HB 350 - Ways and Means

HB 351 - Crime Prevention and Public Safety

HB 368 - Agriculture Policy

HB 375 - Transportation

HB 379 - Financial Institutions

HB 380 - Local Government

HB 381 - Local Government

HB 385 - Transportation

HB 389 - Crime Prevention and Public Safety

HB 390 - Crime Prevention and Public Safety

HB 395 - Local Government

HB 398 - Transportation

HB 399 - Utilities

HB 402 - Professional Registration and Licensing

HB 404 - Local Government

HB 406 - Transportation

HB 407 - Crime Prevention and Public Safety

HB 409 - Judiciary

HB 410 - Transportation

HB 422 - Corrections and Public Institutions

HB 423 - Transportation

HB 426 - Workforce Development and Workplace Safety

HB 427 - Workforce Development and Workplace Safety

HB 428 - Workforce Development and Workplace Safety

HB 429 - Workforce Development and Workplace Safety

HB 430 - Crime Prevention and Public Safety

HB 433 - Utilities

HB 436 - Crime Prevention and Public Safety

HB 437 - Veterans

HB 438 - Special Committee on Urban Issues

HB 449 - Ways and Means

HB 450 - Local Government

HB 453 - Corrections and Public Institutions

HB 468 - Financial Institutions

HB 478 - Conservation and Natural Resources


COMMITTEE REPORT


            Committee on Judiciary, Chairman Byrd reporting:


            Mr. Speaker: Your Committee on Judiciary, to which was referred HB 393, 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 BILLS


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


HB 501, introduced by Representatives Pratt, Munzlinger, Yates, Hobbs and Brown (30), relating to property taxes.


HB 502, introduced by Representative Munzlinger, relating to tourism tax on transient guests in hotels and motels.


HB 503, introduced by Representatives Sater, Whorton, Baker (25), Threlkeld, Cooper (155), Weter, Wright (159), Bowman, Ervin, Dempsey, Stefanick, Lampe and Faith, relating to physician assistants.


HB 504, introduced by Representatives Wood, Denison, Sater and Moore, relating to psychologist licensing.


HB 505, introduced by Representatives Johnson (47) and Villa, relating to Missouri wine.


HB 506, introduced by Representatives Lowe (44), George, Walsh, Donnelly, Spreng, Kratky, Harris (23), Jolly, Schoemehl, Young, Storch, Corcoran, Burnett, Meadows and Darrough, relating to oversight of public privatization contracts.


HB 507, introduced by Representatives Dougherty, Selby, Brown (30), LeVota, Salva, Spreng, Harris (110), Burnett, Wildberger, Dusenberg, Meadows, Young, Kelly and Rucker, relating to property assessments on homesteads.


HB 508, introduced by Representatives Pratt and Skaggs, relating to fuel storage.


HB 509, introduced by Representatives Smith (14), Smith (118), Roorda, Dougherty, Vogt, Daus, Munzlinger, Hunter, Ruestman, Johnson (47), Meiners, Moore, Schlottach, Wright-Jones, Schneider, Parker, Meadows and Lowe (44), relating to unfinished bottles of wine.


HB 510, introduced by Representatives Bruns, Hobbs, Dethrow, Bringer and Deeken, relating to hazardous waste.


HB 511, introduced by Representatives Stefanick, Parson, Jones, Wood, Behnen, Bruns, Pratt, Brown (30), Dusenberg, Goodman, Deeken, Wagner, Lipke and Sutherland, relating to possession, control, or consumption of a controlled substance.


HB 512, introduced by Representatives Smith (118) and Wilson (130), relating to employee information.


HB 513, introduced by Representatives Zweifel, Liese, Darrough, Corcoran and Spreng, relating to the designation of a certain highway.


HB 514, introduced by Representative Pratt, relating to cardiac automated external defibrillators in schools.


HB 515, introduced by Representative Wood, relating to tourism community enhancement districts.


HB 516, introduced by Representatives Hubbard, Chappelle-Nadal, Boykins, Lowe (44), Meiners, Bland, Daus, Bowman, Walsh, Low (39), Harris (110), Walton, Oxford, Sanders Brooks, Curls, Haywood, Hoskins, Fraser, Schoemehl, Spreng, Wright-Jones and El-Amin, relating to the death penalty.


HB 517, introduced by Representatives St. Onge, Schlottach, Bivins, Pearce, Sander, Munzlinger, Threlkeld, Moore, Storch, Whorton, Dusenberg and Yaeger, relating to expanding the membership of the highways and transportation commission.


HB 518, introduced by Representatives St. Onge, Sutherland, Moore, Munzlinger, Storch, Threlkeld, Whorton, Meadows, Brown (30), Dusenberg, Yaeger and Wilson (119), relating to highway work zone protection.


HB 519, introduced by Representatives Roark, Hunter, Goodman, Schneider, Threlkeld, Stevenson, Yates, Bearden and Wilson (130), relating to unemployment insurance.


HB 520, introduced by Representatives Fraser, Oxford, Bowman, Daus, Page, Wildberger, Johnson (61) and Low (39), relating to concealed carry endorsements.


HB 521, introduced by Representatives Fraser, Oxford, Bowman, Daus and Low (39), relating to criminally negligent storage of a firearm.


HB 522, introduced by Representatives Zweifel, Corcoran, Roorda, Darrough, Spreng, Jolly, Young, Meadows, Page, Whorton and Liese, relating to veterans.


HB 523, introduced by Representatives Zweifel, Chappelle-Nadal, Meadows, Yaeger, LeVota, Darrough, Whorton, Witte and Jolly, relating to nonpublic personal health information.


HB 524, introduced by Representatives May, Deeken, Moore, Donnelly and Witte, relating to lobbyist duties.


HB 525, introduced by Representatives May and Deeken, relating to ethics.


HB 526, introduced by Representatives Ruestman, Wilson (130), Wasson, Cunningham (145), Threlkeld, Deeken, Chinn, Brown (30) and Phillips, relating to involuntary manslaughter.


HB 527, introduced by Representatives Storch, Donnelly, Villa, Boykins, Johnson (61), Wright-Jones, Rucker and Shoemyer, relating to transferability of certain tax credits.


HB 528, introduced by Representative Cunningham (145), relating to motor fuel tax.


HB 529, introduced by Representatives Witte, Lampe, Wildberger, Donnelly, Young, Robinson, Barnitz, Roorda, Burnett, Baker (25), Spreng, Harris (110), Harris (23), LeVota, Jolly, Lowe (44), Aull, Kuessner, Dougherty, Henke, Whorton, Darrough, Zweifel, Swinger, Storch, Meadows, Fraser, Bowman, Yaeger and Oxford, relating to medical malpractice.


HB 530, introduced by Representatives Moore, Page, Stevenson, Smith (14), Munzlinger, Parker, Sander, Dixon, Wilson (130), Boykins, Darrough, Harris (110), Whorton, Daus, Walton, Lowe (44), Yaeger, Baker (25) and Schoemehl, relating to American Sign Language.


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 SS SCS SBs 1 & 130, entitled:


            An act to repeal sections 287.020, 287.040, 287.063, 287.067, 287.120, 287.128, 287.129, 287.143, 287.150, 287.170, 287.190, 287.197, 287.215, 287.380, 287.390, 287.420, 287.510, 287.550, 287.715, 287.800, 287.865 and 287.957, RSMo, and to enact in lieu thereof twenty-five new sections relating to workers’ compensation, 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 SCS SBs 10 & 27, entitled:


            An act to repeal sections 195.017 and 195.417, RSMo, and to enact in lieu thereof two new sections relating to the sale of products containing pseudoephedrine and ephedrine, with penalty provisions and an emergency clause.


            Emergency clause adopted.


            In which the concurrence of the House is respectfully requested.


COMMITTEE CHANGES


            The Speaker submitted the following Committee changes:


            Representative Brown is no longer a member of the Veterans Committee.


            Representative Chinn has been appointed a member of the Healthcare Policy Committee.


            Representative Flook is no longer a member of the Special Committee on Urban Issues.


            Representative Hughes is no longer a member of the Special Committee on Education Funding.


            Representative Pratt has been appointed a member of the Special Committee on Urban Issues.


            Representative Rucker has been appointed a member of the Special Committee on Education Funding.


            Representative Stefanick is no longer is no longer a member of the Healthcare Policy Committee.


            Representative Whorton has been appointed a member of the Veterans Committee.


            Representative Wright (159) has been appointed a member of the Veterans Committee.


            Representative Young is no longer a member of the Veterans Committee.


COMMUNICATION


February 10, 2005


Mr. Steve Davis, Chief Clerk

Missouri House of Representatives

State Capitol

Jefferson City, MO 65101


Dear Chief Davis:


In my previous disclosure letter, I had advised you that my employment was as “of counsel” to the law firm of Polsinelli, Shalton, Welte, Suelthaus P. C. I continue to be in the status “of counsel”. I have no ownership interest in this firm, and the fees earned by other attorneys in the firm do not impact my salary.


There are well over two hundred attorneys in this law firm, many of which may represent parties with an interest in proposed legislation. In the majority of these cases, I will not even be aware of this representation, as clients of my employer exceed ten thousand and change daily. I have become aware that some attorneys in my firm provide some legal representation to utilities that may be impacted by decisions made by the Missouri General Assembly. The representations exist in several states and change rapidly, so the identification of each attorney/client relationship cannot be specific.


To the extent that a particular piece of legislation directly impacts an entity, that I know to be a client of my firm, in a manner different than it impacts other similarly situated entities in that industry, I will abstain from voting on the proposal.


Should you have any questions, please feel free to contact me.


Sincerely,


/s/ Richard G. Byrd


ADJOURNMENT


            On motion of Representative Dempsey, the House adjourned until 4:00 p.m., Monday, February 14, 2005.


COMMITTEE MEETINGS


APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Tuesday, February 15, 2005, 8:00 a.m. Hearing Room 4.

Department of Agriculture and Department of Natural Resources budget presentations.


APPROPRIATIONS - EDUCATION

Monday, February 14, 2005, 2:00 p.m. Hearing Room 1.

Presentation from the Department of Higher Education or the

Department of Elementary and Secondary Education.


APPROPRIATIONS - EDUCATION

Tuesday, February 15, 2005, 8:00 a.m. Hearing Room 1.

Presentation from the Department of Higher Education or the

Department of Elementary and Secondary Education.


APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Tuesday, February 15, 2005, 8:00 a.m. Hearing Room 3.

Finish Department of Mental Health. Recess until evening adjournment.

Evening: Governor's recommendation regarding optional services and eligibility issues.


APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Wednesday, February 16, 2005, Hearing Room 6 upon evening adjournment.

Discussion of provider taxes; home and community based services and nursing homes.


APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Monday, February 14, 2005, 12:00 p.m. Hearing Room 6.

Public Safety budget presentations only.

Meeting will recess and reconvene upon adjournment.


APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Tuesday, February 15, 2005, 8:00 a.m. Hearing Room 6.

Corrections budget presentations only.


APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, February 15, 2005, 8:00 a.m. Hearing Room 5.

Department of Insurance.


APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, February 15, 2005, Hearing Room 4 upon afternoon adjournment.

Tax Credits.


CONSERVATION AND NATURAL RESOURCES

Wednesday, February 16, 2005, 6:00 p.m. Hearing Room 1.

Executive session may follow.

Public hearing to be held on: HJR 8


ETHICS

Monday, February 14, 2005, House Chamber south side gallery upon afternoon adjournment.

Approval of Caucuses. Executive session may be held.


HIGHER EDUCATION

Tuesday, February 15, 2005, 12:00 p.m. Hearing Room 4.

Executive session may follow.

Public hearings to be held on: HB 264, HB 103


JOINT COMMITTEE ON EDUCATION

Tuesday, February 15, 2005, 7:00 p.m. Senate Committee Room 1.

Pursuant to Section 610.021, a vote may be taken to hold a closed meeting.

Representative Robb will give a presentation following closed session.


JOINT COMMITTEE ON LEGISLATIVE RESEARCH

Thursday, February 17, 2005, Hearing Room 1 upon morning adjournment.

Organizational meeting and any other business.


LOCAL GOVERNMENT

Monday, February 14, 2005, Hearing Room 7 upon afternoon adjournment.

Work session on the following bills HB 58, HB 46, HB 47, HB 127, HB 215.




RULES

Monday, February 14, 2005, 2:00 p.m. Hearing Room 4.

Executive session may be held.

Public hearings to be held on: HB 248, HCS HB 119, HCS HB 441, HCS HB 393


SPECIAL COMMITTEE ON EDUCATION FUNDING

Monday, February 14, 2005, 6:00 p.m. Hearing Room 6.

Organizational - Informational only. Brief review of current formula.

Presentation of formula concepts of Joint Committee.


TOURISM

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

Presentation of the annual report by the Tourism Commission.


HOUSE CALENDAR


TWENTY-SECOND DAY, MONDAY, FEBRUARY 14, 2005


HOUSE BILLS FOR SECOND READING


HB 501 through HB 530


SENATE BILLS FOR SECOND READING


1          SS SCS SB 1 & 130

2          SCS SB 10 & 27


HOUSE CONCURRENT RESOLUTION


HCR 17, (2-10-2005) - Cooper (158)