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Journal of the House


First Regular Session, 93rd General Assembly




TWENTY-NINTH DAY, Thursday, February 24, 2005

The House met pursuant to adjournment.


            Speaker Pro Tem Bearden in the Chair.


            Prayer by Father Donald W. Lammers.


              Almighty God, on this foggy morning, we pray for the gift of wisdom that will allow us to see clearly and with a long range of visibility, that we might accomplish the work of this day.


              We join the prayer of Solomon, “Give your servant a heart to understand how to discern between good and evil,” (I Kings 3:9). That we might use this discernment throughout the day, we beseech You, O Lord.


              Purify our minds that we may think clearly.


              Open our minds that we may hear Your wisdom, in the voices of others.

 

              Touch our lips that we may speak Your truth.


              Hold our hearts that we may always follow You.


              Bless us this day, Holy Spirit of God, with Your gift of wisdom.


              We pray to You who are our God, forever and ever. Amen.


            The Pledge of Allegiance to the flag was recited.


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


AYES: 153

 

 

 

 

 

 

 

 

 

Aull

Baker 123

Baker 25

Barnitz

Bearden

Behnen

Black

Bland

Bowman

Boykins

Bringer

Brooks

Brown 30

Brown 50

Bruns

Burnett

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

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Rector

Richard

Roark

Robb

Robinson

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

Swinger

Threlkeld

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

Bean

Bivins

Byrd

Dusenberg

Quinn

Roorda

Sutherland

Tilley

 

 

 

 

 

 

VACANCIES: 001


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 760 - Representative Goodman

            House Resolution No. 761

                        and

            House Resolution No. 762 - Representative Boykins

            House Resolution No. 763 - Representative Jetton

            House Resolution No. 764

                        through

            House Resolution No. 768 - Representative Lager

            House Resolution No. 769 - Representative Pearce

            House Resolution No. 770

                        and

            House Resolution No. 771 - Representative Moore

            House Resolution No. 772 - Representative Cooper (158)

            House Resolution No. 773 - Representatives Parker and Hubbard

            House Resolution No. 774 - Representative Brown (50)

            House Resolution No. 775 - Representative Meiners

            House Resolution No. 776 - Representative Selby

            House Resolution No. 777 - Representatives Wright (137) and Dixon

            House Resolution No. 778 - Representative Brown (30)

            House Resolution No. 779 - Representative Bowman



            House Resolution No. 780

                        and

            House Resolution No. 781 - Representative Lager

            House Resolution No. 782 - Representative Schaaf, et al.

            House Resolution No. 783 - Representative Bringer

            House Resolution No. 784 - Representative Jetton

            House Resolution No. 785 - Representative Munzlinger

            House Resolution No. 786 - Representative Tilley

            House Resolution No. 787 - Representative Richard

            House Resolution No. 788 - Representative Sutherland

            House Resolution No. 789 - Representative Deeken

            House Resolution No. 790 - Representative Haywood, et al.


SECOND READING OF HOUSE BILLS


            HB 613 through HB 635 were read the second time.


SECOND READING OF SENATE BILLS


            SCS SB 24, SCS SB 69, SCS SB 70, SB 86, SB 99, SCS SB 100, SB 141, SB 174, SB 178 and SB 180 were read the second time.


PERFECTION OF HOUSE BILL


            HCS HB 347, relating to defective residential construction, was taken up by Representative Pratt.


            Representative Burnett offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for House Bill No. 347, Page 4, Section 431.306.1, Line 8, by adding the following:


              This requirement shall not apply if the contractor has failed to respond to the claimant’s written notice within fourteen days.

 

            On motion of Representative Burnett, House Amendment No. 1 was adopted.


            Representative Johnson (47) offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for House Bill No. 347, Section 431.303, Page 3, Line 10, by deleting "said act" and inserting in lieu thereof "sections 431.300 to 431.315"; and


              Further amend said section and page, Line 11, by deleting "in a single and separate document"; and


              Further amend said section, Page 4, Line 24, by deleting "MUST FILE" and inserting in lieu thereof "MUST SERVE"; and


              Further amend said section and page, Line 33, by deleting "431.306(10)" and inserting in lieu thereof "431.306.10"; and


              Further amend said section and page, Line 36, by deleting "431.312" and inserting in lieu thereof "431.315"; and


              Further amend said section and page, Line 40, by deleting "section 431.303" and inserting in lieu thereof "this section"; and


              Further amend said section and page, Line 45, by deleting "or" and inserting in lieu thereof "for"; and


              Further amend said House Committee Substitute, Section 431.306, Page 8, Line 144, by deleting "2" and inserting in lieu thereof "1"; and


              Further amend said section and page, Line 146, by deleting "claimants" and inserting in lieu thereof "claimant"; and


              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.


            On motion of Representative Johnson (47), House Amendment No. 2 was adopted.


            Representative Daus offered House Amendment No. 3.


House Amendment No. 3


AMEND House Committee Substitute for House Bill No. 347, Section 431.309, Pages 8-9, Lines 1-30, by deleting all of said section and inserting in lieu thereof the following:


              "431.309. 1. If an association’s governing board rejects a written settlement offer from the contractor and has satisfied applicable provisions of section 431.306, and upon written request by the contractor as part of said offer that the association hold a meeting of the members, the provisions of this section shall apply prior to the association filing an action alleging construction defects in the common areas and common elements.

              2. The board shall hold a meeting open to each member of the association. The meeting shall be held no less than fifteen days before the association commences an action against the contractor.

              3. No less than fifteen days before this meeting is held, a written notice shall be sent to each member of the association specifying all of the following:

              (1) That a meeting will take place to discuss construction defects that may lead to the filing of an action, and the date, time and place of the meeting.

              (2) The options that are available to address the construction defects, including the filing of an action and a statement of the various alternatives that are reasonably foreseeable by the association to pay for those options and whether these payments are expected to be made from the use of reserve account funds or the imposition of regular or special assessments, or emergency assessment increases.

              (3) The complete text of any written final settlement offer from the contractor and a concise explanation of the contractor’s specific reasons for the terms of the offer.

              4. The contractor shall pay all expenses attributable to sending the settlement offer to all members of the association, and pay the expense of holding the meeting not to exceed three dollars per member.

              5. The discussions at the meeting and the contents of the notice and the items required to be specified in the notice pursuant to subsection 3 of this section are privileged communications and are not admissible in evidence in any action, unless the association consents to their admission.

              6. No more than one request to meet and discuss a written settlement offer under this section may be made by the contractor."; and


              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.


            Representative Behnen assumed the Chair.


            Representative Daus moved that House Amendment No. 3 be adopted.


            Which motion was defeated.


            Speaker Pro Tem Bearden resumed the Chair.


            On motion of Representative Pratt, HCS HB 347, as amended, was adopted.


            On motion of Representative Pratt, HCS HB 347, as amended, was ordered perfected and printed.


REFERRAL OF HOUSE RESOLUTIONS


            The following House Resolutions were referred to the Committee indicated:


HR 530 - Rules

HR 717 - Rules

HR 741 - Rules

HR 757 - Rules


REFERRAL OF HOUSE CONCURRENT RESOLUTIONS


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


HCR 18 - Special Committee on Urban Issues

HCR 20 - Children and Families

HCR 21 - Elementary and Secondary Education

HCR 22 - Utilities


REFERRAL OF HOUSE JOINT RESOLUTIONS


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


HJR 10 - Judiciary

HJR 11 - Judiciary

HJR 13 - Small Business

HJR 18 - Ways and Means




REFERRAL OF HOUSE BILLS


            The following House Bills were referred to the Committee indicated:


HCS HB 468 - Fiscal Review (Fiscal Note)

HB 212 - Judiciary

HB 298 - Utilities

HB 405 - Local Government

HB 425 - Financial Institutions

HB 500 - Workforce Development and Workplace Safety

HB 501 - Agriculture Policy

HB 502 - Ways and Means

HB 503 - Health Care Policy

HB 504 - Professional Registration and Licensing

HB 505 - Local Government

HB 510 - Conservation and Natural Resources

HB 511 - Crime Prevention and Public Safety

HB 512 - Small Business

HB 514 - Elementary and Secondary Education

HB 518 - Transportation

HB 527 - Job Creation and Economic Development

HB 528 - Agriculture Policy

HB 530 - Higher Education
HB 533 - Workforce Development and Workplace Safety

HB 534 - Local Government

HB 536 - Children and Families

HB 537 - Crime Prevention and Public Safety

HB 538 - Crime Prevention and Public Safety

HB 539 - Elementary and Secondary Education

HB 540 - Insurance Policy

HB 543 - Small Business

HB 544 - Ways and Means

HB 545 - Crime Prevention and Public Safety

HB 546 - Insurance Policy

HB 547 - Crime Prevention and Public Safety

HB 548 - Agriculture Policy

HB 549 - Conservation and Natural Resources

HB 550 - Professional Registration and Licensing

HB 553 - Utilities

HB 554 - Professional Registration and Licensing

HB 556 - Professional Registration and Licensing

HB 557 - Judiciary

HB 558 - Local Government

HB 559 - Local Government

HB 560 - Rules

HB 561 - Local Government

HB 563 - Agriculture Policy

HB 564 - Special Committee on Urban Issues

HB 565 - Local Government

HB 567 - Judiciary

HB 568 - Children and Families

HB 569 - Small Business

HB 570 - Corrections and Public Institutions

HB 571 - Workforce Development and Workplace Safety

HB 572 - Children and Families

HB 573 - Rules

HB 574 - Children and Families

HB 575 - Local Government

HB 576 - Small Business

HB 577 - Local Government

HB 578 - Judiciary

HB 579 - Elementary and Secondary Education

HB 580 - Judiciary

HB 581 - Veterans

HB 582 - Judiciary

HB 583 - Transportation

HB 584 - Elementary and Secondary Education

HB 585 - Health Care Policy

HB 586 - Children and Families

HB 587 - Transportation

HB 588 - Agriculture Policy

HB 589 - Utilities

HB 592 - Rules

HB 594 - Judiciary

HB 595 - Judiciary

HB 596 - Insurance Policy

HB 597 - Agriculture Policy

HB 598 - Professional Registration and Licensing

HB 599 - Professional Registration and Licensing

HB 600 - Professional Registration and Licensing

HB 601 - Children and Families

HB 602 - Retirement

HB 603 - Health Care Policy

HB 604 - Ways and Means

HB 606 - Retirement

HB 607 - Workforce Development and Workplace Safety

HB 609 - Retirement

HB 610 - Retirement




RE-REFERRAL OF HOUSE BILLS


            The following House Bills were re-referred to the Committee indicated:


HB 160 - Corrections and Public Institutions

HB 373 - Ways and Means

HB 491 - Corrections and Public Institutions


COMMITTEE REPORTS


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


            Mr. Speaker: Your Committee on Local Government, to which was referred HB 47, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, 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 127, begs leave to report it has examined the same and recommends that it Do Pass by Consent, 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 215, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Committee on Professional Registration and Licensing, Chairman Behnen reporting:


            Mr. Speaker: Your Committee on Professional Registration and Licensing, to which was referred HB 56, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Professional Registration and Licensing, to which was referred HB 174, 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.


            Committee on Workforce Development and Workplace Safety, Chairman Hunter reporting:


            Mr. Speaker: Your Committee on Workforce Development and Workplace Safety, to which was referred SS SCS SBs 1 & 130, 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 20, introduced by Representative Baker (123), relating to bonded indebtedness of school districts.


INTRODUCTION OF HOUSE BILLS


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


HB 636, introduced by Representatives Tilley and Yates, relating to provider networks for health carriers.


HB 637, introduced by Representatives Wildberger, Roorda, Johnson (61), Walsh, Chappelle-Nadal, Burnett, Harris (23), Young, Corcoran, Bringer, Liese, Bruns, Walton, Baker (25), Oxford, Casey, Salva, Darrough, El-Amin, Brown (50), Kratky, Hoskins, Henke, Kuessner, Dougherty, Robinson, Skaggs, Villa, Spreng, Daus, Bowman, Wagner, Witte, Fraser, Zweifel, Aull, Hughes, Meadows, Bland, Swinger, George, Low (39), Wright-Jones, Haywood, Boykins, Meiners, Storch, Donnelly, Yaeger, Curls, Lowe (44), Hubbard, Shoemyer, Page, Lampe, Whorton, Rucker, Schoemehl, Parson, Vogt, Harris (110), LeVota, Selby and Jolly, relating to workers' compensation benefits.


HB 638, introduced by Representative Cunningham (86), relating to public library districts.


HB 639, introduced by Representatives Cunningham (86), Hoskins, Hubbard, Jetton, Villa, Bearden, Kratky, Dempsey, Dougherty, Dixon, Haywood, Nieves, Hughes, Cooper (120), Harris (110), Byrd, Bowman, Hunter, Meiners, Icet, Swinger, Lembke, Spreng, Jackson, Kuessner, Muschany, Robb, St. Onge, Schad, Vogt, Behnen, Marsh, Faith, Denison, Ruestman, Cooper (158), Black, Bruns, Yates, Davis, Kelly, Portwood, Wright (159), Self, Moore, Bivins, Parker, Brown (30), Roark, McGhee, Chinn, Dusenberg, Lipke, Munzlinger, Threlkeld, Schneider, Cooper (155), Kraus, Wright (137), Weter, Smith (118), Sander, Myers, Kingery, Dethrow, Jones, Richard, Wells, Tilley, Phillips, Deeken, May, Sutherland, Schlottach, Day, Rector, Ervin, Hobbs, Stevenson, Smith (14), Rupp, Emery, Quinn, Flook, Schaaf, Pratt, Fisher, Sater and Franz, relating to educational tax credits.


HB 640, introduced by Representatives Pearce, Page, LeVota, McGhee, Weter, Meadows, Brown (30), Munzlinger, Kraus, Brown (50), Darrough, Jolly and Fraser, relating to unsolicited commercial electronic mail.


HB 641, introduced by Representatives Pearce, Wildberger, Page, McGhee, Bivins, Brown (30), Schad, Kraus, Dusenberg, Brown (50), Moore and Deeken, relating to administrative driving while intoxicated enhancements.


HB 642, introduced by Representatives McGhee, Munzlinger, Moore and Brown (30), relating to landowner liability.


HB 643, introduced by Representatives Young, LeVota, Harris (23), Meiners, Villa, Wright-Jones, Johnson (61), Wagner, Swinger, Selby, Bowman, Hubbard, Hoskins, Burnett, Chappelle-Nadal, Jolly, Skaggs, Fraser, Shoemyer, Wildberger, Lampe, Bland, Liese, Yaeger, Harris (110), Schoemehl, Oxford, Henke, Witte, Goodman, Marsh, Hunter, Hughes, Schneider, Roark, Dusenberg and Brown (30), relating to sunshine law violations.


HB 644, introduced by Representatives Storch, Daus, Wright-Jones, Villa, Donnelly, Shoemyer, Lampe, Whorton, Boykins, Johnson (61), Rucker, Sanders Brooks, Fraser, Oxford, Casey and Jolly, relating to crime of bribery of a public servant.


HB 645, introduced by Representatives Smith (14), Davis, Spreng, Whorton, Brown (50) and Hoskins, relating to stillbirth tax exemption.


HB 646, introduced by Representatives Threlkeld, Bearden, Page and Stefanick, relating to the senior Rx program.


HB 647, introduced by Representatives Roark, Goodman, Richard and Brown (30), relating to a tax deduction for contributions to educational savings programs.


HB 648, introduced by Representatives Loehner, Schlottach, Chinn, Day, Schad, Parson, Myers, May, Hobbs, Munzlinger and Jones, relating to the Missouri wine and grape board.


HB 649, introduced by Representatives Fares, Portwood, Phillips, Cunningham (86), St. Onge, Sutherland, Villa and Pratt, relating to income tax.


HB 650, introduced by Representatives Johnson (61), Selby, Brown (30), Roorda, Harris (110), Sanders Brooks, Faith, Oxford and Brown (50), relating to adoption records.


HB 651, introduced by Representative Wildberger, relating to charitable solicitations.


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 SS SJR 1, entitled:


            Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 47(c) of article IV of the Constitution of Missouri, and adopting one new section in lieu thereof relating to the parks and soils tax.


            In which the concurrence of the House is respectfully requested.


            The following member's presence was noted: Sutherland.


ADJOURNMENT


            On motion of Representative Dempsey, the House adjourned until 4:00 p.m., Monday, February 28, 2005.



COMMITTEE MEETINGS


AGRICULTURE POLICY

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

Possible further Executive session.

Public hearings to be held on: HB 367, HB 305, HB 368, HB 454

Executive session will be held on: HB 376, HB 116


APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Monday, February 28, 2005, 10:00 a.m. Hearing Room 3.

Department of Mental Health, Residential Programs and Services


APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Tuesday, March 1, 2005, 8:00 a.m. Hearing Room 6.

Markup for Department of Corrections.

Executive session may follow.


APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Monday, February 28, 2005, 12:00 p.m. Hearing Room 5.

Departments of Transportation, Economic Development,

Insurance, and Labor and Industrial Relations.

Public testimony on Amtrak. Executive session may follow.


APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, March 1, 2005, 8:00 a.m. Hearing Room 5.

Departments of Transportation, Economic Development,

Insurance, and Labor and Industrial Relations. Executive session may follow.


APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, March 1, 2005, Hearing Room 6 upon afternoon adjournment.

Departments of Transportation, Economic Development,

Insurance, and Labor and Industrial Relations. Executive session may follow.


ELECTIONS

Tuesday, March 1, 2005, 6:00 p.m. Hearing Room 5.

Executive session will precede public hearing.

Working session on HB 66 and HB 255 will follow public hearing with no public testimony.

Public hearings to be held on: HB 152, HB 280, HB 525

Executive session will be held on: HB 524


FISCAL REVIEW

Tuesday, March 1, 2005, 9:00 a.m. Hearing Room 4.

Executive session may follow.

Public hearing to be held on: HCS HB 468




HIGHER EDUCATION

Tuesday, March 1, 2005, 12:00 p.m. Hearing Room 4.

Executive session may follow.

Public hearings to be held on: HB 275, HB 341, HB 440


INSURANCE POLICY

Tuesday, March 1, 2005, Hearing Room 7 upon afternoon adjournment.

Executive session may follow.

Public hearings to be held on: HB 394, HB 400, HB 388, HB 417


JOB CREATION AND ECONOMIC DEVELOPMENT

Monday, February 28, 2005, 3:30 p.m. House Chamber side gallery. AMENDED

Executive session will be held on: HB 348


JOINT COMMITTEE ON EDUCATION

Tuesday, March 1, 2005, 8:00 p.m. Senate Committee Room 2.

Foundation formula discussion. Executive session may follow.


LOCAL GOVERNMENT

Tuesday, March 1, 2005, South side gallery upon afternoon adjournment.

Executive session will be held on: SB 58


RULES

Monday, February 28, 2005, 1:30 p.m. Hearing Room 7.

Executive session may follow AMENDED

Public hearings to be held on: HB 229, HB 230, HB 114, HCS HB 135, HB 40,

HCS No.2 HB 94 & 185, HCS HB 365, HCS HB 379, HCS SS SCS SB 1 & 130


SPECIAL COMMITTEE ON URBAN ISSUES

Monday, February 28, 2005, Hearing Room 1 upon evening adjournment.

Executive session may follow.

Public hearings to be held on: HB 413, HB 508, HB 374, HB 286


VETERANS

Wednesday, March 2, 2005, 8:00 a.m. Hearing Room 5.

Executive session will follow.

Public hearing to be held on: HB 412


HOUSE CALENDAR


THIRTIETH DAY, MONDAY, FEBRUARY 28, 2005


HOUSE JOINT RESOLUTION FOR SECOND READING


HJR 20




HOUSE BILLS FOR SECOND READING


HB 636 through HB 651


HOUSE BILLS FOR PERFECTION - CONSENT


(2/22/05) 


1          HB 248 - Pearce

2          HCS HB 297 - Pearce


HOUSE BILLS FOR THIRD READING


1          HCS HB 468, (Fiscal Review 2-24-05), E.C. - Richard

2          HCS HB 347 - Pratt


SENATE JOINT RESOLUTION FOR SECOND READING


SS SJR 1


SENATE BILL FOR THIRD READING

 

SS SCS SB 98 - Marsh                                   (5 hours debate on Third Reading)


HOUSE CONCURRENT RESOLUTION


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