jrn040_20.ps

 

Journal of the House


First Regular Session, 93rd General Assembly




FORTIETH DAY, Wednesday, March 16, 2005

The House met pursuant to adjournment.


            Speaker Pro Tem Bearden in the Chair.


            Prayer by Reverend James Earl Jackson.


              We give You LORD the glory due Your name; we worship You LORD in the splendor of Your holiness. Your voice moves the waters. The voice of Your glory thunders throughout the whole earth. Your voice is powerful and majestic.


              May we position ourselves today to hear Your voice that we might be blessed with peace, strength and insight.


              We are determined, with Your help, to drive offense and anger far from us; for there is no profit in that. In our deliberations today, may we seek not the applause of man, but the applause of Heaven.


              Grant us rest and enjoyment of family during the upcoming Spring break and may we return refreshed and ready to tackle the concluding issues of this session.


              Grace be with us all.


              In the authority of Your Son’s name, 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: Meredith Brunkow, Jordan Ousley, Emily Ousley, Mark Baehr and Matt Hunt.


            The Journal of the thirty-ninth day was approved as corrected.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 1299

                        and

            House Resolution No. 1300 - Representative Roark


SECOND READING OF HOUSE BILLS


            HB 787 through HB 803 were read the second time.




PERFECTION OF HOUSE BILLS


            HCS HB 208, relating to civil actions, was taken up by Representative Icet.


            HCS HB 208 was laid over.


            HCS HB 394, relating to medical malpractice insurance, was taken up by Representative Byrd.


            Representative Byrd offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for House Bill No. 394, Page 13, Section 383.501, Line 4, by inserting after all of said line the following:


              "538.230. 1. In any action against a health care provider for damages for personal injury or death on account of the rendering of or failure to render health care services where fault is apportioned among the parties and persons released pursuant to subsection 3 of this section, the court, unless otherwise agreed by all the parties, shall instruct the jury to apportion fault among such persons and parties, or the court, if there is no jury, shall make findings, indicating the percentage of total fault of all the parties to each claim that is allocated to each party and person who has been released from liability under subsection 3 of this section.

              2. The court shall determine the award of damages to each plaintiff in accordance with the findings, subject to any reduction under subsection 3 of this section and enter judgment against each party liable on the basis of the rules of joint and several liability[. However, notwithstanding the provisions of this subsection, any defendant against whom an award of damages is made shall be jointly liable only with those defendants whose apportioned percentage of fault is equal to or less than such defendant] as established in section 537.067, RSMo.

              3. Any release, covenant not to sue, or similar agreement entered into by a claimant and a person or entity against which a claim is asserted arising out of the alleged transaction which is the basis for plaintiff's cause of action, whether actually made a party to the action or not, discharges that person or entity from all liability for contribution or indemnity but it does not discharge other persons or entities liable upon such claim unless it so provides. However, the claim of the releasing person against other persons or entities is reduced by the amount of the released persons' or entities' equitable share of the total obligation imposed by the court pursuant to a full apportionment of fault under this section as though there had been no release."; and


              Further amend said title, enacting clause and intersectional references accordingly.


            Representative Behnen assumed the Chair.


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


            Representative Byrd offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for House Bill No. 394, Page 9, Section 383.407, Line 33, by deleting the second occurrence of the number "383.407" and inserting in lieu thereof the number "383.404"; and




              Further amend said bill, Page 9, Section 383.407, Line 7, by inserting at the end of said line the following:


              "As used in sections 383.404, 383.405, and 383.406, "insurance premium rate" means the base rate as established herein plus such schedule rating or individual risk rating credits or debits as allowed under regulations promulgated by the department of insurance."; and


              Further amend said title, enacting clause and intersectional references accordingly.


            Speaker Pro Tem Bearden resumed the Chair.


            On motion of Representative Byrd, House Amendment No. 2 was adopted.


            HCS HB 394, as amended, was laid over.


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 the Conference Committee Report on HCS SS SCS SBs 1 & 130, as amended, and has taken up and passed CCS HCS SS SCS SBs 1 & 130.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 14, entitled:


            An act to appropriate money for supplemental purposes for the several departments and offices of state government, and for the payment of various claims for refund, for persons, firms, and corporations, and for other purposes, and to transfer money among certain funds, from the funds designated for the fiscal period ending June 30, 2005.


            With Senate Amendment No. 2.


Senate Amendment No. 2


AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 14, Page 1, Section 14.005, Line 5, by deleting the number “3,006,542" and inserting in lieu thereof the number “1,006,542"; and


              Further amend said bill, Page 1, Section 14.015, Line 3, by deleting the number “5,552,794" and inserting in lieu thereof the number “4,552,794".


            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 221, 250 & 256, entitled:


            An act to repeal sections 210.104, 210.107, 302.510, 302.530, 304.015, 304.016, 304.281, 304.351, 307.178, 577.023, 577.041, RSMo, section 302.302 as enacted by house substitute for senate substitute for senate committee substitute for senate bill nos. 1233, 840 & 1043, ninety-second general assembly, second regular session, and section 302.302 as enacted by conference committee substitute no. 2 for senate committee substitute for house committee substitute for house bill nos. 302 & 38, ninety-first assembly, first regular session, and to enact in lieu thereof twelve new sections relating to the operation of motor vehicles, 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 Conferees on SS SCS HCS HB 393, as amended, are allowed to exceed the differences.


BILL IN CONFERENCE


            CCR SS SCS HCS HB 393, as amended, relating to tort reform, was taken up by Representative Byrd.


            Representative Byrd moved that the House conferees be allowed to exceed the differences.


            Which motion was adopted.


            On motion of Representative Byrd, CCR SS SCS HCS HB 393, as amended, was adopted by the following vote:


AYES: 113

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Barnitz

Bearden

Behnen

Bivins

Black

Bringer

Brown 30

Bruns

Byrd

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Curls

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Goodman

Guest

Harris 110

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Jones

Kelly

Kingery

Kraus

Kuessner

Lager

Lembke

Lipke

Loehner

Marsh

May

McGhee

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Page

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Ruestman

Rupp

Sander

Sater

Schaaf

Schad

Schlottach

Selby

Self

Skaggs

Smith 118

Smith 14

Stefanick

Stevenson

St. Onge

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Wagner

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

NOES: 047

 

 

 

 

 

 

 

 

 

Baker 25

Bland

Bowman

Boykins

Brooks

Brown 50

Burnett

Chappelle-Nadal

Corcoran

Darrough

Daus

Donnelly

El-Amin

Fraser

George

Harris 23

Henke

Johnson 61

Johnson 90

Jolly

Kratky

Lampe

LeVota

Liese

Low 39

Lowe 44

Meadows

Oxford

Parker

Roorda

Rucker

Salva

Schneider

Schoemehl

Shoemyer

Spreng

Storch

Villa

Vogt

Walsh

Walton

Whorton

Wildberger

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 002

 

 

 

 

 

 

Bean

Haywood

 

 

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Byrd, CCS SS SCS HCS HB 393 was read the third time and passed by the following vote:


AYES: 112

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Barnitz

Bearden

Behnen

Bivins

Black

Bringer

Brown 30

Bruns

Byrd

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Curls

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Goodman

Guest

Harris 110

Hobbs

Hoskins

Hubbard

Hunter

Icet

Jackson

Johnson 47

Jones

Kelly

Kingery

Kraus

Kuessner

Lager

Lembke

Lipke

Loehner

Marsh

May

McGhee

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Page

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Ruestman

Rupp

Sander

Sater

Schaaf

Schad

Schlottach

Selby

Self

Skaggs

Smith 118

Smith 14

Stefanick

Stevenson

St. Onge

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Wagner

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 047

 

 

 

 

 

 

 

 

 

Baker 25

Bland

Bowman

Boykins

Brooks

Brown 50

Burnett

Chappelle-Nadal

Corcoran

Darrough

Daus

Donnelly

El-Amin

Fraser

George

Harris 23

Henke

Johnson 61

Johnson 90

Jolly

Kratky

Lampe

LeVota

Liese

Low 39

Lowe 44

Meadows

Oxford

Parker

Roorda

Rucker

Salva

Schneider

Schoemehl

Shoemyer

Spreng

Storch

Villa

Vogt

Walsh

Walton

Whorton

Wildberger

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Hughes

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 002

 

 

 

 

 

 

Bean

Haywood

 

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            On motion of Representative Dempsey, the House recessed until 2:15 p.m.


AFTERNOON SESSION


            The hour of recess having expired, the House was called to order by Speaker Pro Tem Bearden.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 1301 - Representative Brown (30)

            House Resolution No. 1302 - Representative Cunningham (145)

            House Resolution No. 1303 - Representative Schad

            House Resolution No. 1304

                        through

            House Resolution No. 1316 - Representative Wilson (119)

            House Resolution No. 1317 - Representative Yaeger

            House Resolution No. 1318 - Representative Viebrock

            House Resolution No. 1319 - Representative Smith (118)

            House Resolution No. 1320 - Representative Spreng

            House Resolution No. 1321 - Representative Lager


BILL IN CONFERENCE


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


            Representative Dempsey suggested the absence of a quorum.


            The following roll call indicated a quorum present:


AYES: 138

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Baker 25

Barnitz

Bearden

Behnen

Bivins

Black

Bland

Bowman

Bringer

Brooks

Brown 30

Brown 50

Bruns

Burnett

Byrd

Chappelle-Nadal

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

Goodman

Guest

Harris 110

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Jolly

Jones

Kelly

Kingery

Kraus

Kuessner

Lager

Lampe

Lembke

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

Quinn

Richard

Roark

Robb

Robinson

Roorda

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schoemehl

Selby

Self

Shoemyer

Smith 14

Spreng

Stefanick

Stevenson

St. Onge

Storch

Swinger

Threlkeld

Tilley

Viebrock

Villa

Wagner

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Witte

Wood

Wright-Jones

Wright 137

Wright 159

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

NOES: 001

 

 

 

 

 

 

 

 

 

Skaggs

 

 

 

 

 

 

 

 

 

PRESENT: 009

 

 

 

 

 

 

 

 

 

Corcoran

Harris 23

Johnson 90

LeVota

Pratt

Smith 118

Sutherland

Wallace

Yates

 

 

 

 

 

 

ABSENT WITH LEAVE: 014

 

 

 

 

 

 

Bean

Boykins

El-Amin

George

Haywood

Kratky

Page

Portwood

Rector

Rucker

Schneider

Vogt

Wildberger

Yaeger

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Hunter, CCR HCS SS SCS SBs 1 &130, as amended, was adopted by the following vote:


AYES: 097

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Behnen

Bivins

Black

Brown 30

Bruns

Byrd

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Goodman

Guest

Hobbs

Hunter

Icet

Jackson

Johnson 47

Jones

Kelly

Kingery

Kraus

Lager

Lembke

Lipke

Loehner

Marsh

May

McGhee

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Ruestman

Rupp

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Self

Smith 118

Smith 14

Stefanick

Stevenson

St. Onge

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 062

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Barnitz

Bland

Bowman

Boykins

Bringer

Brooks

Brown 50

Burnett

Chappelle-Nadal

Casey

Corcoran

Curls

Darrough

Daus

Donnelly

Dougherty

El-Amin

Fraser

George

Harris 110

Harris 23

Henke

Hoskins

Hubbard

Hughes

Johnson 61

Johnson 90

Jolly

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

Meadows

Meiners

Oxford

Page

Robinson

Roorda

Rucker

Salva

Schoemehl

Selby

Shoemyer

Skaggs

Spreng

Storch

Villa

Vogt

Wagner

Walsh

Walton

Whorton

Wildberger

Witte

Wright-Jones

Young

Zweifel

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 003

 

 

 

 

 

 

Bean

Haywood

Yaeger

 

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Hunter, CCS HCS SS SCS SBs 1 & 130 was truly agreed to and finally passed by the following vote:


AYES: 097

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Behnen

Bivins

Black

Brown 30

Bruns

Byrd

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Goodman

Guest

Hobbs

Hunter

Icet

Jackson

Johnson 47

Jones

Kelly

Kingery

Kraus

Lager

Lembke

Lipke

Loehner

Marsh

May

McGhee

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Ruestman

Rupp

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Self

Smith 118

Smith 14

Stefanick

Stevenson

St. Onge

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 062

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Barnitz

Bland

Bowman

Boykins

Bringer

Brooks

Brown 50

Burnett

Chappelle-Nadal

Casey

Corcoran

Curls

Darrough

Daus

Donnelly

Dougherty

El-Amin

Fraser

George

Harris 110

Harris 23

Henke

Hoskins

Hubbard

Hughes

Johnson 61

Johnson 90

Jolly

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

Meadows

Meiners

Oxford

Page

Robinson

Roorda

Rucker

Salva

Schoemehl

Selby

Shoemyer

Skaggs

Spreng

Storch

Villa

Vogt

Wagner

Walsh

Walton

Whorton

Wildberger

Witte

Wright-Jones

Young

Zweifel

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 003

 

 

 

 

 

 

Bean

Haywood

Yaeger

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


PERFECTION OF HOUSE BILL


            HCS HB 208, relating to civil actions, was again taken up by Representative Icet.


            Representative Behnen resumed the Chair.


            Representative Goodman offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for House Bill No. 208, Section 537.530, Page 2, Line 18, by striking the number “339,” on said line; and


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


            Speaker Pro Tem Bearden resumed the Chair.


            Representative Stevenson offered House Substitute Amendment No. 1 for House Amendment No. 1.


            Representative Byrd raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 1 is not a true substitute amendment.


            The Chair ruled the point of order well taken.


            Representative Goodman moved that House Amendment No. 1 be adopted.


            Which motion was defeated by the following vote:


AYES: 009

 

 

 

 

 

 

 

 

 

Burnett

Goodman

Johnson 90

Lipke

Low 39

Marsh

Sater

Skaggs

Stevenson

 

 

 

 

 

 

NOES: 143

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Baker 25

Barnitz

Bearden

Behnen

Bivins

Black

Bland

Boykins

Bringer

Brown 30

Brown 50

Bruns

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

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Guest

Harris 110

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

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

Schaaf

Schad

Schlottach

Schoemehl

Selby

Self

Shoemyer

Smith 118

Smith 14

Spreng

Stefanick

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

 

 

 

 

 

 

 

PRESENT: 002

 

 

 

 

 

 

 

 

 

Brooks

Lowe 44

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

 

Bean

Bowman

Harris 23

Haywood

Johnson 61

Loehner

Schneider

Yaeger

 

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Icet, HCS HB 208 was adopted.


            On motion of Representative Icet, HCS HB 208 was ordered perfected and printed.




REFERRAL OF HOUSE BILL


            The following House Bill was referred to the Committee indicated:


HB 789 - Local Government


COMMITTEE REPORTS


            Committee on Children and Families, Chairman Phillips reporting:


            Mr. Speaker: Your Committee on Children and Families, to which was referred HB 36, 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 Corrections and Public Institutions, Chairman Kelly reporting:


            Mr. Speaker: Your Committee on Corrections and Public Institutions, to which was referred HB 491, 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.


            Mr. Speaker: Your Committee on Corrections and Public Institutions, to which was referred HB 685, 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 Corrections and Public Institutions, to which was referred HB 700, 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 Corrections and Public Institutions, to which was referred HB 743, 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 HCR 16, 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.


HOUSE CONCURRENT RESOLUTION NO. 16


              WHEREAS, in 1654, Jewish refugees from Brazil arrived on North American shores and formally established North America's first Jewish community in New Amsterdam, now New York City; and


              WHEREAS, America welcomed Jews among the millions of immigrants that streamed through our Nation's history and helped shape our Nation; and


              WHEREAS, the American Jewish community has been intimately involved in our Nation's civic, social, economic, and cultural life; and


              WHEREAS, the American Jewish community has sought to actualize the broad principles of liberty and justice that are enshrined in the constitutions of the United States and the State of Missouri; and


              WHEREAS, the American Jewish community is an equal participant in the religious life of our Nation; and


              WHEREAS, American Jews have fought valiantly for the United States in every one of our Nation's military struggles from the American Revolution to Operation Enduring Freedom, with not less than 16 American Jews having received the Medal of Honor; and


              WHEREAS, 2005 marks the 351st anniversary of the American Jewish community; and


              WHEREAS, the Commission for Commemorating 351 Years of American Jewish History has designated September 2005 as "American Jewish History Month":


              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 declare that the State of Missouri:


              (1) Recognizes the 351st anniversary of the American Jewish Community;


              (2) Supports designation of an "American Jewish History Month"; and


              (3) Urges all Missourians to share in this commemoration so as to have a greater appreciation of the role of the American Jewish Community in helping to defend and further the liberties and freedom of all Americans.


            Mr. Speaker: Your Committee on Veterans, to which was returned 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 HCR 20, begs leave to report it has examined the same and recommends that it Do Pass - NOT CONSENT, with no time limit for debate.


            Mr. Speaker: Your Committee on Rules, to which was referred HCS HJR 16, 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 64, 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 131, begs leave to report it has examined the same and recommends that it Be Returned to the Committee of Origin.


            Mr. Speaker: Your Committee on Rules, to which was referred HCS #2 HB 232, 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 286, 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 519, begs leave to report it has examined the same and recommends that it Do Pass, with a time limit of three (3) hours for debate on Third Reading.


            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 525, 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 539, 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 600, 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 JOINT RESOLUTION


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


HJR 24, introduced by Representatives Skaggs, Corcoran, Aull, Salva, LeVota, Johnson (90), Henke, Donnelly, Jolly, Young, Fraser, Spreng, Selby, Daus, Villa, Meiners, Chappelle-Nadal, Wildberger, Baker (25), Meadows, Roorda, Darrough, Kratky, Robinson, Page, Zweifel, Kuessner, Oxford, Witte, Barnitz, Bland, Sanders Brooks, Vogt, Brown (50) and Curls, relating to appropriations for public education.


INTRODUCTION OF HOUSE BILLS


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


HB 804, introduced by Representative Smith (118), relating to county employee retirement.


HB 805, introduced by Representatives Meadows, Yaeger, Brown (50), Oxford, Curls, Zweifel, Darrough, Roorda, LeVota, Wildberger and Jolly, relating to the posting of nurse staffing levels at hospitals.


HB 806, introduced by Representative Sutherland, relating to property tax depreciation schedules for broadcasting equipment.


HB 807, introduced by Representatives Hobbs, Brown (30), Richard and Rector, relating to the administrative hearing commission.


HB 808, introduced by Representatives Burnett, Skaggs, Pratt, Yates, Dusenberg, Kraus, Johnson (47), Dougherty, Young, Jolly, Lowe (44), Low (39), Meiners, Bland, Brown (50), Curls, Flook, Salva, Hughes, LeVota, Nolte, Baker (123) and Phillips, relating to the housing development commission.


HB 809, introduced by Representatives Black, Day, Nance, Kingery, May, Kuessner, Swinger, Skaggs, Roorda and Bringer, relating to transient guest tax.


HB 810, introduced by Representatives Johnson (90), Barnitz, Kuessner, Roorda, Lampe, Swinger, Witte, Sanders Brooks, Schoemehl, Corcoran, Robinson, Rucker, Whorton, LeVota, Burnett, Zweifel, Jolly and Wildberger, relating to waivers for dissolved corporations due to military service.


HB 811, introduced by Representatives Roorda, Meadows, Casey, Harris (110), Weter and Darrough, relating to corrections officer and jailer training.


HB 812, introduced by Representatives Yates, Wilson (130), Richard, Cooper (120), Spreng, Rupp, Page and Hoskins, relating to contracts against public policy.


HB 813, introduced by Representatives El-Amin, Kratky, Oxford, Brown (50), Low (39), Chappelle-Nadal, Bland, Donnelly, Rucker, Sanders Brooks, Daus, Hubbard, Wright-Jones, Boykins, Bowman, Bruns, Schaaf, Walton, Baker (25), Roorda, Hughes, Denison, Moore, Cunningham (86) and Black, relating to an alternative sentencing task force.


HB 814, introduced by Representatives El-Amin, Oxford, Chappelle-Nadal, Curls, Hoskins, Brown (50), Low (39), Bland, Sanders Brooks, Hubbard, Wright-Jones, Boykins, Bowman, Walton, Baker (25), Denison and Black, relating to civilian review boards.


HB 815, introduced by Representatives El-Amin, Oxford, Curls, Hoskins, Brown (50), Low (39), Chappelle-Nadal, Bland, Rucker, Sanders Brooks, Daus, Selby, Hubbard, Wright-Jones, Bowman, Dougherty, Walton, Baker (25), Roorda and Hughes, relating to jury service.


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 adopted the Conference Committee Report on SS SCS HCS HB 393, as amended, and has taken up and passed CCS SS SCS HCS HB 393.


WITHDRAWAL OF HOUSE BILLS


March 14, 2005


Steve Davis, Chief Clerk

State Capitol

Room 306-C

Jefferson City, MO 65101


Dear Mr. Davis:


I respectfully request that House Bill No. 122, relating to the adult entertainment tax act be withdrawn.


Thank your for your assistance in this matter.


Sincerely,


/s/ Kate Meiners

     District 46

_______________


March 16, 2005


Steve Davis, Chief Clerk

Missouri House of Representatives

State Capitol

Jefferson City, MO 65101


Dear Mr. Davis:


I respectfully request that House Bill No. 782 be withdrawn.


Thank you for your consideration in this request. If you have questions, please do not hesitate to call.


Sincerely,


/s/ Trent Skaggs

     District 31


ADJOURNMENT


            On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Thursday, March 17, 2005.


CORRECTIONS TO THE HOUSE JOURNAL


AFFIDAVITS


I, State Representative Leonard Hughes, District 42, hereby state and affirm that my vote as recorded on the motion to adopt the Conference Committee Report for Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 393 in the House Journal for Wednesday, March 16, 2005 showing that I voted aye was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted no. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.


IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 16th day of March 2005.


                                                                                                    /s/ Leonard Hughes

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )


Subscribed and sworn to before me this 16th day of March in the year 2005.


                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

___________


I, State Representative Ray Salva, District 51, hereby state and affirm that I was present during the session of the House of Representatives on Tuesday, March 15, 2005 and that the House Journal inaccurately reflects my absence. Pursuant to House Rule 88, I ask that the Journal be corrected to note my presence in the House Journal for Tuesday, March 15, 2005.




IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 16th day of March 2005.


                                                                                                    /s/ Ray Salva

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )


Subscribed and sworn to before me this 16th day of March in the year 2005.


                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

___________


I, State Representative Mark Wright, District 137, hereby state and affirm that my vote as recorded on Page 635 of the House Journal for Tuesday, March 15, 2005 showing that I voted absent with leave was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted aye. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.


IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 16th day of March 2005.


                                                                                                    /s/ Mark Wright

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )


Subscribed and sworn to before me this 16th day of March in the year 2005.


                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk


COMMITTEE MEETINGS


BUDGET

Thursday, March 17, 2005, 8:00 a.m. Hearing Room 3.

Appropriation recommendations.

Executive session may follow.


BUDGET

Tuesday, March 29, 2005, 12:00 p.m. Hearing Room 3.

Appropriation recommendations/Markup.

Executive session may follow.


BUDGET

Tuesday, March 29, 2005, Hearing Room 3 upon evening adjournment.

Appropriation recommendations/Markup.

Executive session may follow.




BUDGET

Wednesday, March 30, 2005, 8:00 a.m. House Lounge.

Appropriation recommendations/Markup.

Executive session may follow.


BUDGET

Wednesday, March 30, 2005, 8:00 p.m. Hearing Room 3.

Appropriation recommendations/Markup.

Executive session may follow.


BUDGET

Thursday, March 31, 2005, 8:00 a.m. Hearing Room 3.

Appropriation recommendations/Markup.

Executive session may follow.


BUDGET

Thursday, March 31, 2005, 8:00 p.m. Hearing Room 3.

Appropriation recommendations/Markup.

Executive session may follow.


BUDGET

Friday, April 1, 2005, 8:00 a.m. Hearing Room 3.

Appropriation recommendations/Markup.

Executive session may follow.


JOINT COMMITTEE ON ADMINISTRATIVE RULES

Thursday, March 17, 2005, Senate Lounge upon morning adjournment.

13 CSR 40-110.20, 13 CSR 40-11-.030.

The Committee will meet upon adjournment of both Houses.

Executive session may or may not follow.


JUDICIARY

Thursday, March 17, 2005, House Chamber side gallery upon morning adjournment.

Executive session


LOCAL GOVERNMENT

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

Executive session may follow.

Public hearings to be held on: HB 76, HB 565, HB 253, HB 179

Executive session will be held on: HB 465, HB 405, HB 485, HB 480


RULES

Thursday, March 17, 2005, House Chamber side gallery upon morning adjournment.

Executive session may follow. AMENDED

Public hearings to be held on: HB 450, HCS HB 353, HB 375, HB 410,

HCS HB 518, 288, 418 & 635, HCS HB 628, HCS HB 255, HCS HB 532,

HB 707, HB 530, HB 685, HB 743


WAYS AND MEANS

Thursday, March 17, 2005, House Chamber side gallery upon morning adjournment.

Executive session will be held on: HB 461


HOUSE CALENDAR


FORTY-FIRST DAY, THURSDAY, MARCH 17, 2005


HOUSE JOINT RESOLUTION FOR SECOND READING


HJR 24


HOUSE BILLS FOR SECOND READING


HB 804 through HB 815


HOUSE BILLS FOR PERFECTION


1          HB 344 - Baker (123)

2          HB 376 - Guest

3          HCS HB 394, as amended - Byrd

4          HCS HB 388 - Yates

5          HCS HB 576 - Flook


HOUSE BILLS FOR PERFECTION - CONSENT


(3/10/05)


1          HCS HB 119 - Jones

2          HCS HB 215 - Pearce

3          HB 343, HCA 1 - Baker (123)

4          HB 345 - Baker (123)

5          HB 413 - Hubbard

6          HB 445 - Guest

7          HB 479 - Ervin

8          HB 524 - May


(3/14/05)


1          HB 69 - Rupp

2          HB 402 - Schaaf

3          HB 456 - Kuessner

4          HCS HB 474 - Yates

5          HB 486 - Bruns

6          HCS HB 508 - Pratt

7          HCS HB 515 - Wood

8          HB 596 - Schaaf

9          HB 638 - Cunningham (86)

10        HB 678 - Byrd

11        HB 684 - Lipke


(3/15/05)


1          HB 43 - Wallace

2          HB 53 - Swinger

3          HCS HB 108 - Schaaf

4          HB 155 - Ruestman

5          HB 236 - Goodman

6          HB 280 - Walsh

7          HB 342 - Baker (123)

8          HCS HB 362 - Lipke

9          HCS HB 422 - Black

10        HCS HB 448 - Villa

11        HB 453 - May

12        HCS HB 462 & 463 - Smith (118)

13        HB 487 - Bruns

14        HCS HB 513 - Zweifel

15        HCS HB 531 - Wright (137)

16        HB 618 - Bearden

17        HCS HB 631 - Portwood


(3/16/05)


1          HB 33 - Phillips

2          HB 180 - Johnson (47)

3          HB 219 - Salva

4          HB 258 - Cunningham (86)

5          HB 260 - Deeken

6          HB 261 - Deeken

7          HB 321 - Yates

8          HB 323 - Johnson (47)

9          HCS HB 334 - Franz

10        HB 395 - Wood

11        HCS HB 443 - Sander

12        HB 455 - Quinn

13        HB 473 - Yates

14        HB 528 - Cunningham (145)

15        HCS HB 563 - Rucker

16        HCS HB 568 - Stevenson

17        HCS HB 577 - Kuessner

18        HCS HB 606 - Lembke

19        HCS HB 630 - Pollock

20        HB 681 - Chappelle-Nadal

21        HB 688 - Byrd


(3/17/05)


1          HCS#2 HB 232 - Portwood

2          HB 600 - Cooper (155)


HOUSE BILLS FOR THIRD READING


1          HCS HB 348, E.C. - Pearce

2          HB 564 - Boykins

3          HCS HB 437 - Jackson

4          HCS HB 58, E.C. - Johnson (47)

5          HCS HB 208 - Icet


HOUSE BILLS FOR THIRD READING - CONSENT


1          HB 243 - May

2          HB 397 - Henke

3          HB 423 - Kuessner

4          HB 431 - Wright (137)

5          HB 567 - Stevenson


SENATE BILL FOR SECOND READING


SCS SBs 221, 250 & 256


HOUSE BILL WITH SENATE AMENDMENTS


SCS HCS HB 14, as amended - Lager


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)