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Journal of the House


First Regular Session, 93rd General Assembly




TWENTY-SECOND DAY, Monday, February 14, 2005

The House met pursuant to adjournment.


            Speaker Pro Tem Bearden in the Chair.


            Prayer by Reverend James Earl Jackson.


              Heavenly Father, hear a just cause, give heed to our cry; give ear to our prayer, which is not from deceitful lips.


              Wonderfully show to us Your loving kindness as we begin our work week. May our speech be humble not arrogant, concise not long-winded and impacting rather than self-serving.


              We call upon You, O Lord, who is worthy to be praised. In our distress, we call upon You for help and find that You are a very present help in time of need.


              Now may the grace of God rest and abide with each one of you...


              In the wonderful name of Your Son we pray. 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: Rajaye Smith, Michelle Grubbs, Meagan Hall, Jessica Prather and Samantha Sellers.


            The Journal of the twenty-first day was approved as corrected by the following vote:


AYES: 150

 

 

 

 

 

 

 

 

 

Aull

Baker 123

Baker 25

Barnitz

Bean

Bearden

Behnen

Bivins

Black

Bringer

Brown 30

Brown 50

Bruns

Burnett

Byrd

Chappelle-Nadal

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 110

Harris 23

Henke

Hobbs

Hoskins

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

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

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: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 012

 

 

 

 

 

 

Avery

Bland

Bowman

Boykins

Brooks

Curls

El-Amin

Haywood

Hubbard

Johnson 90

Stevenson

Walton

 

 

 

 

 

 

 

 

VACANCIES: 001


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 481 - Representative Bruns

            House Resolution No. 482 - Representative Vogt

            House Resolution No. 483 - Representative Kratky, et al.

            House Resolution No. 484

                        and

            House Resolution No. 485 - Representative Bruns

            House Resolution No. 486 - Representatives Bruns and Schad

            House Resolution No. 487

                        through

            House Resolution No. 491 - Representative Phillips

            House Resolution No. 492

                        and

            House Resolution No. 493 - Representative Nance

            House Resolution No. 494

                        through

            House Resolution No. 516 - Representative Jones

            House Resolution No. 517 - Representative Pratt

            House Resolution No. 518 - Representative Nolte

            House Resolution No. 519 - Representatives Quinn and Munzlinger

            House Resolution No. 520 - Representative Cooper (158)

            House Resolution No. 521 - Representative Brown (30)

            House Resolution No. 522 - Representative Parker

            House Resolution No. 523 - Representative Pratt

            House Resolution No. 524 - Representative Icet

            House Resolution No. 525 - Representative Sutherland

            House Resolution No. 526 - Representative Smith (14)


SECOND READING OF HOUSE BILLS


            HB 501 through HB 530 were read the second time.


SECOND READING OF SENATE BILLS


            SS SCS SBs 1 & 130 and SCS SBs 10 & 27 were read the second time.


COMMITTEE REPORTS


            Committee on Rules, Chairman Cooper (120) reporting:


            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 119, 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 HB 248, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.


            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 393, begs leave to report it has examined the same and recommends that it Do Pass, with a time limit of eight (8) hours for debate on Perfection.


            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 441, begs leave to report it has examined the same and recommends that it Do Pass, with no time limit for debate.


SUPPLEMENTAL CALENDAR


                                                           FEBRUARY 14, 2005


HOUSE BILL FOR PERFECTION


HCS HB 393 - Byrd (8 hours debate on Perfection)


HOUSE CONCURRENT RESOLUTION


            HCR 17, relating to Congenital Heart Defect Awareness Day, was taken up by Representative Cooper (158).


            On motion of Representative Cooper (158), HCR 17 was adopted.




REFERRAL OF HOUSE CONCURRENT RESOLUTION


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


HCR 13 - Rules


REFERRAL OF SENATE BILL


            The following Senate Bill was referred to the Committee indicated:


SS SCS SBs 1 & 130 - Workforce Development and Workplace Safety


COMMITTEE REPORT


            Committee on Veterans, Chairman Jackson reporting:


            Mr. Speaker: Your Committee on Veterans, to which was referred HB 94 and HB 185, 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 OF BILLS


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


HB 531, introduced by Representative Wright (137), to authorize the governor to convey property owned by the state in Greene County.


HB 532, introduced by Representatives Spreng, Darrough, Bowman, Lowe (44), Wagner, Dempsey, Portwood, Daus, Vogt, Hubbard, Richard, Kratky, Pearce, Bearden, McGhee, Schneider, Sater, Wildberger, Page, Selby, Villa, Liese and Young, relating to a sales tax exemption for certain vehicles.


HB 533, introduced by Representatives Faith and Smith (14), relating to the transfer of employer accounts.


HB 534, introduced by Representatives Hobbs, Schlottach and Smith (118), relating to inventory of county property.


HB 535, introduced by Representatives Roorda, Henke, Oxford, Casey, Meadows, Wildberger, Brown (50), Darrough, Storch, Robinson, Low (39), Harris (23), Lampe, Aull, Skaggs, Baker (25), Salva, Chappelle-Nadal, Donnelly, Zweifel, Hughes, Bowman, Johnson (90), LeVota, Dougherty, Walsh, Jolly, Spreng, Young, Burnett, Villa, Witte, Schoemehl, Yaeger, Bringer, Harris (110), Rucker, Hoskins, Meiners, Kuessner, Wagner, Liese, Whorton, Haywood, Shoemyer, Johnson (61), Page, Moore, Walton, Denison, Fisher and Sander, relating to relief for family members of active duty Missouri military personnel.


HB 536, introduced by Representative Wright (137), relating to the reporting of child abuse or neglect.


WITHDRAWAL OF HOUSE BILL


February 14, 2005


Speaker Rod Jetton

Room 308, State Capitol

Jefferson City, MO 65101


Dear Speaker Jetton:


I respectfully request the withdrawal of House Bill No. 432, prohibiting the granting of tenure at higher education institutions.


Sincerely,


/s/ Representative Mark Wright

District 137


            The following members’ presence was noted: Bland, Sanders Brooks, Curls and Walton.


ADJOURNMENT


            On motion of Representative Dempsey, the House adjourned until 9:45 a.m., Tuesday, February 15, 2005.


CORRECTION TO THE HOUSE JOURNAL


            Correct House Journal, Twenty-first Day, Thursday, February 10, 2005, Page 281, Line 21, by inserting immediately after said line the following:


HOUSE CONCURRENT RESOLUTION NO. 17


              WHEREAS, congenital heart defects are the most frequently occurring birth defect and the leading cause of birth defect related deaths worldwide; and


              WHEREAS, more than one million families across America are facing the challenges and hardships of raising children with congenital heart defects; and


              WHEREAS, each year 40,000 babies are born with congenital heart defects in the United States; and


              WHEREAS, some congenital heart defects are not diagnosed until months or years after birth; and


              WHEREAS, undiagnosed congenital heart conditions cause many cases of sudden cardiac death in young athletes; and


              WHEREAS, despite these conditions, newborns and young athletes are not routinely screened for congenital heart defects; and


              WHEREAS, Congenital Heart Defect Awareness Day provides an opportunity for families whose lives have been affected to celebrate life and to remember loved ones lost, to honor dedicated health professionals, and to meet others and know they are not alone; and


              WHEREAS, the establishment of Congenital Heart Defect Awareness Day will also provide the opportunity to share experience and information with the public and the media in order to raise public awareness about congenital heart defects:


              NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-third General Assembly, First Regular Session, the Senate concurring therein, hereby recognize February 14, 2005, as Congenital Heart Defect Awareness Day in Missouri.


COMMITTEE MEETINGS


AGRICULTURE POLICY

Tuesday, February 15, 2005, 12:00 p.m. Hearing Room 1.

Possible Executive session.

Public hearings to be held on: HB 303, HB 116


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

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 - GENERAL ADMINISTRATION

Tuesday, February 15, 2005, 8:00 a.m. Hearing Room 7.

Budget to be reviewed: Office of Administration continued and Statewide leasing.


APPROPRIATIONS - GENERAL ADMINISTRATION

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

Budget to be reviewed: Statewide leasing continued.


APPROPRIATIONS - GENERAL ADMINISTRATION

Wednesday, February 16, 2005, 6:00 p.m. Hearing Room 4.

Budgets to be reviewed: Statewide leasing continued if necessary; Judiciary and

Office of Public Defender.


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

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

Corrections budget presentations only.


APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, February 15, 2005, 9:00 a.m. Hearing Room 5.

Department of Insurance. AMENDED


APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

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

Tax Credits.


CHILDREN AND FAMILIES

Wednesday, February 16, 2005, 8:00 a.m. Hearing Room 7.

Executive session may follow.

Public hearing to be held on: HB 100


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


CRIME PREVENTION AND PUBLIC SAFETY

Tuesday, February 15, 2005, 6:00 p.m. Hearing Room 1.

Public hearings to be held on: HB 365, HB 189, HB 57, HB 165


ELEMENTARY AND SECONDARY EDUCATION

Wednesday, February 16, 2005, 8:00 a.m. Hearing Room 3.

Executive session may follow.

Public hearings to be held on: HB 87, HB 34


FINANCIAL INSTITUTIONS

Tuesday, February 15, 2005, 12:00 p.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 379, HB 468


HEALTH CARE POLICY

Wednesday, February 16, 2005, 8:00 a.m. Hearing Room 6.

Executive session may follow.

Public hearing to be held on: HB 131




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(1); the Committee may go into closed session

to discuss matters relating to litigation.

Rep. Robb will give a presentation following closed session. AMENDED


JOINT COMMITTEE ON LEGISLATIVE RESEARCH

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

Organizational meeting and any other business.


JUDICIARY

Tuesday, February 15, 2005, 12:00 p.m. Hearing Room 7.

Executive session may follow.

Public hearings to be held on: HB 49, HB 269


LOCAL GOVERNMENT

Thursday, February 17, 2005, 8:00 a.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 347, HB 91


RETIREMENT

Wednesday, February 16, 2005, 6:00 p.m. Hearing Room 7.

Executive session may follow. AMENDED

Public hearings to be held on: HB 112, HB 238, HB 261, HB 334


TOURISM

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

Presentation of the annual report by the Tourism Commission.


TRANSPORTATION

Wednesday, February 16, 2005, 8:00 a.m. Hearing Room 1.

House Bills will be heard after an address by Dr. Jeffrey Runge.

Executive session may follow.

Public hearings to be held on: HB 183, HB 385


WAYS AND MEANS

Wednesday, February 16, 2005, 6:00 p.m. Hearing Room 5.

Executive session may follow.

Public hearings to be held on: HB 209, HB 54, HB 235




HOUSE CALENDAR


TWENTY-THIRD DAY, TUESDAY, FEBRUARY 15, 2005


HOUSE BILLS FOR SECOND READING


HB 531 through HB 536


HOUSE BILLS FOR PERFECTION

 

1          HCS HB 393 - Byrd                           (8 hours-Perfection)

2          HCS HB 441 - Behnen