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Journal of the House


First Regular Session, 93rd General Assembly




TWENTY-SIXTH DAY, Monday, February 21, 2005

The House met pursuant to adjournment.


            Speaker Pro Tem Bearden in the Chair.


            Prayer by Reverend James Earl Jackson.


              Heavenly Father, Your instruction is perfect, reviving the soul.

              Your testimony is trustworthy, making the inexperienced wise.

              Your precepts are right, making the heart glad.

              Your directions are plain and easy on the eyes.

              Your reputation is pure, enduring forever.

              Your decrees are reliable and altogether righteous.


              Remind us throughout this week that these principles are more desirable than gold and in keeping them there is great reward.


              Deliver us from presumptuous thinking and may it not rule over us.

 

              Now may the grace of our Lord rest and abide with each of us....


              In the eternal name of Your Son we pray. Amen.


            The Pledge of Allegiance to the flag was recited.


            The Journal of the twenty-fifth day was approved as printed by the following vote:


AYES: 153

 

 

 

 

 

 

 

 

 

Aull

Baker 123

Baker 25

Barnitz

Bearden

Behnen

Bivins

Black

Bland

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

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 110

Harris 23

Haywood

Henke

Hobbs

Hoskins

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

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

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright-Jones

Wright 137

Wright 159

Yaeger

Yates

Zweifel

Mr Speaker

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

 

Avery

Bean

Bowman

Dougherty

Hubbard

Kelly

Lowe 44

Wagner

Young

 

 

 

 

 

 

VACANCIES: 001


HOUSE CONCURRENT RESOLUTIONS


            Representative Bearden, et al., offered House Concurrent Resolution No. 21.

            Representative Bivins offered House Concurrent Resolution No. 22.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 679 - Representative Bland

            House Resolution No. 680

                        and

            House Resolution No. 681 - Representative Brown (30)

            House Resolution No. 682

                        through

            House Resolution No. 684 - Representative Lager

            House Resolution No. 685 - Representative Sander

            House Resolution No. 686 - Representative Lampe

            House Resolution No. 687

                        through

            House Resolution No. 695 - Representative Pearce

            House Resolution No. 696

                        through

            House Resolution No. 703 - Representative Lager

            House Resolution No. 704 - Representative Sutherland

            House Resolution No. 705 - Representative Lager



            House Resolution No. 706

                        through

            House Resolution No. 708 - Representative Brown (30)

            House Resolution No. 709 - Representative Deeken

            House Resolution No. 710 - Representative Cooper (158)

            House Resolution No. 711

                        through

            House Resolution No. 713 - Representative Schoemehl

            House Resolution No. 714 - Representative Jones

            House Resolution No. 715 - Representative Pollock

            House Resolution No. 716 - Representative Kingery


SECOND READING OF HOUSE JOINT RESOLUTIONS


            HJR 15 through HJR 17 were read the second time.


SECOND READING OF HOUSE BILLS


            HB 581 through HB 593 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 15, 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 468, begs leave to report it has examined the same and recommends that it Do Pass, with no time limit for debate.


REFERRAL OF HOUSE JOINT RESOLUTIONS


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


HJR 15 - Conservation and Natural Resources

HJR 16 - Conservation and Natural Resources

HJR 17 - Conservation and Natural Resources


COMMITTEE REPORTS


            Committee on Local Government, Chairman Johnson (47) reporting:


            Mr. Speaker: Your Committee on Local Government, to which was referred HB 114, 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.


            Mr. Speaker: Your Committee on Local Government, to which was referred HB 347, 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 JOINT RESOLUTION


            The following House Joint Resolution was read the first time and copies ordered printed:


HJR 18, introduced by Representatives Kraus, Brown (30), Dusenberg, Yates, Goodman, Behnen, Munzlinger, Moore, Jackson, Fisher and Flook, relating to taxation of veterans’ organizations.


INTRODUCTION OF HOUSE BILLS


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


HB 594, introduced by Representatives Ruestman, Cunningham (145), Hunter, Sutherland, Nieves, Shoemyer, Byrd, Pollock, Cooper (120), Kuessner, Salva, Meadows, Wood and Dethrow, relating to torts and actions for damages.


HB 595, introduced by Representative Deeken, relating to persons excused from jury service.


HB 596, introduced by Representative Schaaf, relating to health insurance benefits for employees.


HB 597, introduced by Representatives Whorton, Myers, Witte, Schad, Shoemyer, Munzlinger and Henke, relating to biodiesel fuel.


HB 598, introduced by Representative Sutherland, relating to nursing home administrators.


HB 599, introduced by Representative Cooper (155) and Weter, relating to professional counselors.


HB 600, introduced by Representatives Cooper (155), Robb, Sater, Weter and Schaaf, relating to licensing requirements for professional counselors.


HB 601, introduced by Representatives Johnson (61), Smith (118), Byrd, Smith (14), Schoemehl, Baker (25), Yaeger, Whorton and Fraser, relating to suicide prevention.


MESSAGE 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 SCS SB 270, entitled:


            An act to repeal sections 30.247, 30.250, 30.260, 30.270, 30.440, 30.750, 30.753, 30.756, 30.758, 30.760, 30.765, 30.767, 30.830, and 30.840, RSMo, and to enact in lieu thereof sixteen new sections relating to the state treasurer, with penalty provisions and an emergency clause.


            Emergency clause adopted.


            In which the concurrence of the House is respectfully requested.


            The following members’ presence was noted: Bowman, Kelly, Lowe (44), Wagner and Young.


ADJOURNMENT


            On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Tuesday, February 22, 2005.


COMMITTEE MEETINGS


AGRICULTURE POLICY

Tuesday, February 22, 2005, 12:00 p.m. Hearing Room 1.

Executive session may follow.

There will be a 20 minute presentation by Farm Credit Systems Info. AMENDED

Public hearings to be held on: HB 376, HB 305, HB 454, HB 368


APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Tuesday, February 22, 2005, 8:00 a.m. Hearing Room 4.

Markup. Executive session may follow. AMENDED


APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Tuesday, February 22, 2005, 2:45 p.m. Hearing Room 4.

Markup. Executive session may follow. AMENDED


APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Wednesday, February 23, 2005, 8:00 a.m. Hearing Room 4.

Markup. Executive session may follow. AMENDED


APPROPRIATIONS - EDUCATION

Tuesday, February 22, 2005, 8:00 a.m. Hearing Room 1.

Markup. Executive session.


APPROPRIATIONS - EDUCATION

Tuesday, February 22, 2005, 2:45 p.m. Hearing Room 1.

Markup. Executive session.


APPROPRIATIONS - EDUCATION

Wednesday, February 23, 2005, 2:45 p.m. Hearing Room 1.

Markup. Executive session. AMENDED


APPROPRIATIONS - GENERAL ADMINISTRATION

Tuesday, February 22, 2005, 8:00 a.m. Hearing Room 7.

Budget to be reviewed: General Assembly




APPROPRIATIONS - GENERAL ADMINISTRATION

Tuesday, February 22, 2005, 2:45 p.m. Hearing Room 7.

Markup - Office of Administration - Public Debt/Board of Fund Commissioners

- Statewide elected officials (Governor, Lt. Governor, Secretary of State, Auditor,

Attorney General, Treasurer). AMENDED


APPROPRIATIONS - GENERAL ADMINISTRATION

Wednesday, February 23, 2005, 2:45 p.m. Hearing Room 7.

Executive session.

Markup - Office of Governor, Lt. Governor, Secretary of State, Treasurer,

Attorney General, Auditor, Department of Revenue, Office of Administration - Public Debt, Employee benefits, General Assembly, Public Defender, Judiciary.


APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Tuesday, February 22, 2005, 8:00 a.m. Hearing Room 3.

Access to Mental Health services. Medicaid and Department of Health and Senior Services pharmacy programs. Recess at 10:00 a.m., reconvene at 2:00 p.m. Hearing room 3.


APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Tuesday, February 22, 2005, 8:00 a.m. Hearing Room 6.

Markup for Department of Public Safety and/or Department of Corrections.

Will reconvene at 2:45 p.m.


APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Wednesday, February 23, 2005, 2:45 p.m. Hearing Room 6.

Markup will take place for both departments.

Executive session may follow. Committee will reconvene at 6:00 p.m.


APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, February 22, 2005, 8:00 a.m. Hearing Room 5.

Markup for Departments of Transportation, Economic Development,

Insurance, Labor and Industrial Relations.


APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, February 22, 2005, 2:45 p.m. Hearing Room 5.

Markup for Departments of Transportation, Economic Development,

Insurance, Labor and Industrial Relations.


APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Wednesday, February 23, 2005, 2:45 p.m. Hearing Room 5.

Markup for Departments of Transportation, Economic Development,

Insurance, Labor and Industrial Relations.




CHILDREN AND FAMILIES

Wednesday, February 23, 2005, 8:00 a.m. Hearing Room 7.

Executive session may follow.

Public hearing to be held on: HB 205

Executive session may be held on: HB 100


CONSERVATION AND NATURAL RESOURCES

Wednesday, February 23, 2005, 6:00 p.m. Hearing Room 1.

Executive session may follow.

Public hearings to be held on: HJR 8, HB 192, HB 130


CRIME PREVENTION AND PUBLIC SAFETY

Tuesday, February 22, 2005, 6:00 p.m. Hearing Room 1.

Executive session may follow. AMENDED

Public hearings to be held on: HB 27, HB 126, HB 177, HB 430, HB 389


ELECTIONS

Tuesday, February 22, 2005, 6:00 p.m. Hearing Room 5.

Public hearings to be held on: HB 255, HB 524

Executive session will be held on: HB 66, HB 107


ELEMENTARY AND SECONDARY EDUCATION

Wednesday, February 23, 2005, 8:00 a.m. Hearing Room 3.

Executive session may follow. Public hearing on HB 258 if time allows.

Public hearing to be held on: HB 145


FINANCIAL INSTITUTIONS

Tuesday, February 22, 2005, Side Gallery upon morning adjournment.

Executive session will be held on: HB 379


HEALTH CARE POLICY

Wednesday, February 23, 2005, 8:00 a.m. Hearing Room 6.

Public hearings to be held on: HB 401, HB 108, HB 131

Executive session will be held on: HB 131


HIGHER EDUCATION

Tuesday, February 22, 2005, 12:00 p.m. Hearing Room 4.

Executive session may follow.

Public hearing to be held on: SS SCS SB 98


JOB CREATION AND ECONOMIC DEVELOPMENT

Wednesday, February 23, 2005, 12:00 p.m. Hearing Room 6.

Executive session may follow. AMENDED

Public hearings to be held on: HB 326, HB 32, HB 348




JOINT COMMITTEE ON CAPITAL IMPROVEMENTS AND LEASES OVERSIGHT

Tuesday, February 22, 2005, 3:30 p.m. Senate Committee Room 1.

Organizational meeting. Executive session may or may not follow.


JOINT COMMITTEE ON EDUCATION

Tuesday, February 22, 2005, 8:00 p.m. Senate Committee Room 2.

New foundation formula discussion and simulations.

Overflow will be available in Senate Committee Room 1.


JUDICIARY

Tuesday, February 22, 2005, 12:00 p.m. Hearing Room 7.

Executive session may follow.

Public hearings to be held on: HB 50, HB 137, HB 178


LOCAL GOVERNMENT

Thursday, February 24, 2005, 8:00 a.m. Hearing Room 6.

Executive session will follow. AMENDED

Public hearings to be held on: HB 200, HB 342, HB 343, HB 344, HB 345, HB 448


PROFESSIONAL REGISTRATION AND LICENSING

Wednesday, February 23, 2005, 12:00 p.m. Hearing Room 1.

Public hearings to be held on: HB 182, HB 402

Executive session will be held on: HB 56, HB 174


RETIREMENT

Wednesday, February 23, 2005, 6:00 p.m. Hearing Room 7.

Executive session will follow. AMENDED

Public hearings to be held on: HB 195, HB 323, HB 411, HB 443


RULES

Tuesday, February 22, 2005, 6:00 p.m. Hearing Room 7.

Executive session may follow.

Public hearing to be held on: HCS HB 347


TOURISM

Tuesday, February 22, 2005, 12:00 p.m. Hearing Room 5.

Executive session may follow.

Public hearings to be held on: HB 203, HB 370, HB 386, HB 451


TOURISM

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

Presentation of the annual report by the Tourism Commission.


TRANSPORTATION

Wednesday, February 23, 2005, 8:00 a.m. Hearing Room 1.

Executive session may follow.

Public hearings to be held on: HB 423, HB 490, HB 377, HB 307


VETERANS

Wednesday, February 23, 2005, 8:00 a.m. Hearing Room 5.

Executive session will follow. Reconsideration of HCS for HB 94 and HB 185.

Public hearing to be held on: HB 437


WAYS AND MEANS

Wednesday, February 23, 2005, Hearing Room 7 upon morning adjournment.

Possible Executive session.

Public hearings to be held on: HB 291, HB 461


HOUSE CALENDAR


TWENTY-SEVENTH DAY, TUESDAY, FEBRUARY 22, 2005


HOUSE JOINT RESOLUTION FOR SECOND READING


HJR 18


HOUSE BILLS FOR SECOND READING


HB 594 through HB 601


HOUSE BILL FOR PERFECTION


HCS HB 468 - Richard


HOUSE BILLS FOR PERFECTION - CONSENT


(2/22/05)


1          HB 248 - Pearce

2          HCS HB 297 - Pearce


SENATE BILL FOR SECOND READING


SCS SB 270


HOUSE CONCURRENT RESOLUTION


HCR 11, (2-17-05, Pages 351-352) - Sander




HOUSE RESOLUTIONS


1          HR 11, (2-17-05, Page 348) - Pratt

2          HR 12, (2-17-05, Page 349) - Pratt

3          HR 96, (2-17-05, Page 349) - Portwood

4          HR 163, (2-17-05, Pages 349-350) - Jones