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Journal of the House


First Regular Session, 93rd General Assembly




THIRTY-FOURTH DAY, Monday, March 7, 2005

The House met pursuant to adjournment.


            Speaker Pro Tem Bearden in the Chair.


            Prayer by Reverend James Earl Jackson.


              Heavenly Father, we trust in You and through Your mercy we are not shaken. Be exalted, O Lord, in Your strength for we speak of Your praise and power.


              You, O Lord, are not distant and offer help and assistance whenever we pray.


              Although many may criticize and sneer at the decisions we make in this Chamber, we shamelessly seek to fulfill our due service to You, this state, and our constituents.


              Help us to celebrate the splendor of changing seasons, the necessity of opposing views, and the liberty to speak our passions.


              Grant us peace as we pray in the undying name of Your Son. Amen.


            The Pledge of Allegiance to the flag was recited.


            The Journal of the thirty-third day was approved as printed by the following vote:


AYES: 150

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Baker 25

Barnitz

Bearden

Behnen

Bivins

Black

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

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

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

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

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 012

 

 

 

 

 

 

Bean

Bland

Bowman

Byrd

Dusenberg

El-Amin

Hubbard

Johnson 90

Page

Smith 118

Smith 14

Yaeger

 

 

 

 

 

 

 

 

VACANCIES: 001


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 927

                        and

            House Resolution No. 928 - Representative Jetton

            House Resolution No. 929

                        and

            House Resolution No. 930 - Representative Brown (30)

            House Resolution No. 931

                        and

            House Resolution No. 932 - Representative Munzlinger

            House Resolution No. 933 - Representative Moore

            House Resolution No. 934 - Representative Deeken

            House Resolution No. 935 - Representative Nolte

            House Resolution No. 936

                        through

            House Resolution No. 1060 - Representatives Avery and Tilley

            House Resolution No. 1061 - Representative Self

            House Resolution No. 1062 - Representative Skaggs

            House Resolution No. 1063

                        through

            House Resolution No. 1065 - Representative Parson

            House Resolution No. 1066

                        through

            House Resolution No. 1078 - Representatives Bivins and Lembke

            House Resolution No. 1079

                        through

            House Resolution No. 1092 - Representative Bivins

            House Resolution No. 1093

                        and

            House Resolution No. 1094 - Representatives Johnson (61) and Cunningham (145)

            House Resolution No. 1095 - Representative Johnson (61)

            House Resolution No. 1096 - Representatives Bivins and Lembke

            House Resolution No. 1097 - Representative Cooper (158)

            House Resolution No. 1098 - Representative Sater

            House Resolution No. 1099 - Representative Cooper (158)

            House Resolution No. 1100 - Representative Low (39)

            House Resolution No. 1101 - Representatives Roorda, Casey and Meadows

            House Resolution No. 1102 - Representative Young

            House Resolution No. 1103 - Representative Johnson (61)


SECOND READING OF HOUSE BILLS


            HB 701 through HB 718 were read the second time.


MESSAGE FROM THE SENATE


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SS SCS SBs 1 & 130, as amended, and requests the House to recede from its position and failing to do so grant the Senate a conference thereon.


BILL CARRYING REQUEST MESSAGE


            HCS SS SCS SBs 1 & 130, as amended, relating to workers’ compensation, was taken up by Representative Hunter.


            Representative Hunter moved that the House refuse to recede from its position on HCS SS SCS SBs 1 & 130, as amended, and grant the Senate a conference.


            Which motion was adopted.


            Speaker Jetton assumed the Chair.


APPOINTMENT OF CONFERENCE COMMITTEE


            The Speaker appointed the following Conference Committee to act with a like committee from the Senate on the following bill:

 

HCS SS SCS SBs 1 & 130:   Representatives Cooper (120), Bearden, Hunter, Vogt and Lowe (44).




PERFECTION OF HOUSE BILL - APPROPRIATIONS


            HCS HB 14, relating to appropriations, was taken up by Representative Lager.


            On motion of Representative Lager, HCS HB 14 was adopted.


            On motion of Representative Lager, HCS HB 14 was ordered perfected and printed.


HOUSE RESOLUTION


            HR 222, relating to Southwest Missouri State University Founders Day, was taken up by Representative Dixon.


            On motion of Representative Dixon, HR 222 was adopted.


REFERRAL OF HOUSE RESOLUTIONS


            The following House Resolutions were referred to the Committee indicated:


HR 813 - Rules

HR 838 - Rules

HR 923 - Rules


REFERRAL OF HOUSE BILLS


            The following House Bills were referred to the Committee indicated:


HB 679 - Elementary and Secondary Education

HB 707 - Financial Institutions

HB 710 - Job Creation and Economic Development


COMMITTEE REPORTS


            Special Committee on Urban Issues, Chairman Hoskins reporting:


            Mr. Speaker: Your Special Committee on Urban Issues, to which was referred HB 413, 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 Special Committee on Urban Issues, to which was referred HB 564, 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 Special Committee on Urban Issues, to which was referred HB 638, 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.


             Committee on Veterans, Chairman Jackson reporting:


            Mr. Speaker: Your Committee on Veterans, to which was referred HB 412, 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.


            Committee on Rules, Chairman Cooper (120) reporting:


            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 58, 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 243, 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 HB 344, 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 397, 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 423, 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 HB 431, 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 HB 567, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.


INTRODUCTION OF HOUSE BILLS


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


HB 719, introduced by Representative Byrd, relating to judicial procedures.


HB 720, introduced by Representative Byrd, relating to the chair of the salary commission.


HB 721, introduced by Representatives Flook, Skaggs, Nolte and Nance, relating to juvenile officer retirement.


HB 722, introduced by Representatives Wagner, Roorda and Meadows, relating to police relief and pension systems.


HB 723, introduced by Representatives Cooper (155), Schaaf, Threlkeld and Page, relating to joint negotiations of physicians.


HB 724, introduced by Representatives Smith (14), Page, Schaaf and Meiners, relating to insurance coverage for treatment of infertility.


HB 725, introduced by Representative Behnen, relating to professional licensing.


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 adopted SCR 3.


SENATE CONCURRENT RESOLUTION NO. 3


              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 we, the members of the Senate, Ninety-third General Assembly, First Regular Session, the House of Representatives concurring therein, hereby recognize February 14th, as Congenital Heart Defect Awareness Day in Missouri.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 147, entitled:


            An act to repeal section 142.031, RSMo, and to enact in lieu thereof one new section relating to the Missouri qualified biodiesel producer incentive fund.


            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 SB 177, entitled:


            An act to repeal section 105.712, RSMo, and to enact in lieu thereof one new section relating to dental care.


            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 SS SCS SB 210, entitled:


            An act to repeal sections 44.090, 50.530, 50.757, 55.160, 64.215, 64.940, 67.1775, 67.1850, 110.130, 110.150, 115.019, 137.115, 205.010, 210.860, 210.861, 233.295, 263.245, and 488.426, RSMo, section 137.130 as enacted by conference committee substitute for senate substitute for senate committee substitute for house substitute for house committee substitute for house bill no. 701, ninetieth general assembly, first regular session, and section 137.130 as enacted by conference committee substitute for house substitute for house committee substitute for senate bill no. 827, eighty-ninth general assembly, second regular session, and section 488.429, RSMo, as enacted by conference committee substitute for senate substitute for senate committee substitute for house committee substitute for house bill nos. 795, 972, 1128 & 1161, ninety-second general assembly, second regular session, and section 488.429, RSMo, as enacted by senate committee substitute for house committee substitute for house bill no. 798 merged with house committee substitute for senate bill no. 1211, ninety-second general assembly, second regular session, and to enact in lieu thereof twenty-seven new sections relating to county government.


            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 SB 252, entitled:


            An act to amend chapter 41, RSMo, by adding thereto three new sections relating to the protection of military facilities and personnel, with an emergency clause.


            Emergency clause adopted.


            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 SB 312, entitled:


            An act to repeal section 226.030, RSMo, and to enact in lieu thereof one new section relating to expanding the membership of the highways and transportation commission.


            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 SB 342, entitled:


            An act to repeal section 559.607, RSMo, and to enact in lieu thereof one new section relating to probation services for municipal ordinance violations.


            In which the concurrence of the House is respectfully requested.


            The following members’ presence was noted: Bowman, Byrd, Page, Smith (14) and Smith (118).


ADJOURNMENT


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


COMMITTEE MEETINGS


AGRICULTURE POLICY

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

Possible Executive session. AMENDED

Public hearings to be held on: HB 597, HB 369, HB 501, HB 528, HB 563, HB 588

Executive session will be held on: HB 367, HB 305, HB 368, HB 454


APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

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

Markup for Departments of Agriculture, Natural Resources and Conservation.

Hearing will continue upon afternoon adjournment if necessary.

Executive session may follow.


APPROPRIATIONS - GENERAL ADMINISTRATION

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

Fringe benefits, Statewide Elected Officials, Department of Revenue,

Office of Administration, Statewide Leasing, Judiciary, Public Defender and General Assembly.

Executive session may follow.


APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Tuesday, March 8, 2005, 4:00 p.m. Hearing Room 3.

Child Welfare - Division of Youth Services.


APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Wednesday, March 9, 2005, 8:00 p.m. Hearing Room 3.

Executive session on committee recommendations.


APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

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

Executive session on committee recommendations. Recess 10:00 a.m.

Thirty minutes after morning adjournment Executive session on committee recommendations.


CHILDREN AND FAMILIES

Wednesday, March 9, 2005, 8:00 a.m. Hearing Room 7.

Executive session may follow.

Public hearings to be held on: HCR 20, HB 568, HB 574, HB 586




CORRECTIONS AND PUBLIC INSTITUTIONS

Wednesday, March 9, 2005, 8:00 a.m. Hearing Room 4.

Executive session may follow.

Public hearings to be held on: HB 236, HB 422, HB 446, HB 453, HB 491, HB 531, HB 631


CRIME PREVENTION AND PUBLIC SAFETY

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

Executive session may follow.

Public hearings to be held on: HB 537, HB 547, HB 332, HB 511, HB 684, HB 633


ELECTIONS

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

Public hearings to be held on: HB 316, HB 149

Executive session will be held on: HB 280, HB 255, HB 66, HB 525


ELEMENTARY AND SECONDARY EDUCATION

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

Public hearings to be held on: HCR 25, HB 473, HB 679

Executive session will be held on: HB 276, HCR 25, HB 473, HB 679, HB 539, HB 145


FINANCIAL INSTITUTIONS

Tuesday, March 8, 2005, 12:00 p.m. Hearing Room 6.

Executive session may follow. CANCELLED

Public hearing to be held on: HB 647


HEALTH CARE POLICY

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

Executive session may follow.

Public hearings to be held on: HB 503, HB 603


HIGHER EDUCATION

Tuesday, March 8, 2005, 12:00 p.m. Hearing Room 4.

Executive session may follow. AMENDED

Public hearing to be held on: HB 440


INSURANCE POLICY

Tuesday, March 8, 2005, 4:00 p.m. Hearing Room 7.

Executive session may follow. AMENDED

Public hearings to be held on: HB 474, HB 496, HB 596, HB 654, HB 667


JOB CREATION AND ECONOMIC DEVELOPMENT

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

Executive session may follow.

Public hearings to be held on: HB 158, HB 629




JOINT COMMITTEE ON EDUCATION

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

Formula recommendation. Overflow will be available in Senate Committee Room 1.

Executive session may or may not follow.


JUDICIARY

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

Executive session may follow. AMENDED

Public hearings to be held on: HB 595, HB 578, HB 355, HB 362,

HB 628, HB 630, HB 678, HB 688


LOCAL GOVERNMENT

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

Executive session will follow.

Public hearings to be held on: HB 450, HB 559, HB 176, HB 558, HB 480


TOURISM

Tuesday, March 8, 2005, 12:00 p.m. Hearing Room 5.

Executive session may follow.

Public hearing to be held on: HB 515


TRANSPORTATION

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

Executive session will follow.

Public hearings to be held on: HB 635, HB 375, HB 410, HB 487, HB 53, HB 618


UTILITIES

Wednesday, March 9, 2005, 12:00 p.m. Hearing Room 5.

Hearing to begin at noon or upon morning recess, whichever is later.

Executive session may occur. AMENDED

Public hearings to be held on: HB 553, HB 640


VETERANS

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

Executive session may follow.

Public hearings to be held on: HB 294, HB 421, HB 522, HB 535, HB 581


WAYS AND MEANS

Wednesday, March 9, 2005, 6:00 p.m. Hearing Room 5.

Executive session may follow. AMENDED

Public hearings to be held on: HB 242, HB 222, HB 416, HB 604, HB 321


WORKFORCE DEVELOPMENT AND WORKPLACE SAFETY

Tuesday, March 8, 2005, House Chamber south side gallery upon afternoon adjournment.

Executive session will be held on: HB 148, HB 519




WORKFORCE DEVELOPMENT AND WORKPLACE SAFETY

Wednesday, March 9, 2005, 12:00 p.m. Hearing Room 3.

Executive session may follow.

Public hearings to be held on: HB 500, HB 533


HOUSE CALENDAR


THIRTY-FIFTH DAY, TUESDAY, MARCH 8, 2005


HOUSE BILLS FOR SECOND READING


HB 719 through HB 725


HOUSE BILLS FOR PERFECTION


1          HCS HB 365 - Munzlinger

2          HB 100 - Cunningham (86)                            (3 hours debate on Perfection)

3          HCS HB 186 - Emery

4          HB 48 - Dougherty                                         (30 minutes debate on Perfection)

5          HCS#2 HB 94 & 185 - Cunningham (145)

6          HB 114 - Johnson (47)

7          HCS HB 119 - Jones

8          HCS HB 174 - Wood

9          HCS HB 215 - Pearce

10        HCS HB 348 - Pearce


HOUSE BILLS FOR PERFECTION - CONSENT


(3/01/05)


1          HCS HB 135 - Richard

2          HB 229 - Portwood

3          HB 230 - Portwood

4          HCS HB 379 - Cooper (120)


(3/02/05)


1          HB 40 - Tilley

2          HCS HB 56 - Threlkeld

3          HB 127 - Bivins


(3/03/05)


1          HCS HB 47 - Brown (30)

2          HCS HB 163, 213 & 216 - Smith (14)

3          HB 592 - Cooper (120)


(3/07/05)


1          HB 269 - Bruns

2          HB 361 - Lipke

3          HCS HB 580 - Byrd


(3/08/05)


1          HB 243 - May

2          HB 397 - Henke

3          HB 423 - Kuessner

4          HB 431 - Wright (137)

5          HB 567 - Stevenson


HOUSE BILL FOR THIRD READING - APPROPRIATIONS


HCS HB 14 - Lager


SENATE BILLS FOR SECOND READING


1          SCS SB 147

2          SB 177

3          SS SCS SB 210

4          SCS SB 252

5          SCS SB 312

6          SB 342


BILL IN CONFERENCE


HCS SS SCS SB 1 & 130, as amended - Hunter


HOUSE CONCURRENT RESOLUTIONS


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

2          HCR 4, (3-02-05, Pages 467-468) - Burnett

3          HCR 9, (2-17-05, Page 351) - Bivins

4          HCR 15, (3-03-05, Pages 487-488) - Baker (123)