jrn058_29.ps

 

Journal of the House


First Regular Session, 93rd General Assembly




FIFTY-EIGHTH DAY, Tuesday, April 19, 2005

The House met pursuant to adjournment.


            Speaker Pro Tem Bearden in the Chair.


            Prayer by Father Donald W. Lammers.


              On a beautiful morning, let us pray from Psalm 148.


Praise the Lord from the Earth...


Kings of the Earth and all peoples,

Princes and all rulers of the Earth!

Young men and women alike,

Old and young together!


Let them praise the name of the Lord,

For His name alone is exalted;

His glory is above Earth and Heaven.

(Psalm 148:7.11-13)


              Almighty God, from our faith we praise You, in our prayer throughout the day we praise You. May our work this day be in such harmony with Your will that through it we praise You! You are our God forever and ever. 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: Kevin Koines, Christine Brethorst, Kristen Lilley, Anna Stroop, Chelsea Becker, Amanda Hargraves, Mia Nealey, Leslie Samford, Jonathan Willis, Jessica Willis, Camille Ovington, Ashlee Coleman, Katherine Schnelle, Rachel Schnelle, Benjamin Schnelle, Devin Burmeister and Kerri Burmeister.


            The Journal of the fifty-seventh day was approved as printed.


SPECIAL RECOGNITION


            Rolland “Ron” Kjar of St. Charles was introduced by Representative Rupp and recognized as an Outstanding Missourian.


            Dr. Irivine Edward “Irv” Kilbane of Joplin was introduced by Representative Richard and recognized as an Outstanding Missourian.

            Wayne Schnelle of Lockwood was introduced by Representative Emery and recognized as an Outstanding Missourian.


            Gary A. Dyer, M.D., of St. Joseph was introduced by Representative Schaaf and recognized as an Outstanding Missourian.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 2273 - Representative Rupp

            House Resolution No. 2274 - Representative Jetton

            House Resolution No. 2275 - Representatives Bland and Curls

            House Resolution No. 2276 - Representative Witte

            House Resolution No. 2277 - Representative Franz

            House Resolution No. 2278

                        through

            House Resolution No. 2280 - Representative Cooper (158)

 

PERFECTION OF HOUSE BILLS


            HCS HB 36, relating to midwives, was taken up by Representative Davis.


            Representative Skaggs offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for House Bill No. 36, Page 2, Section 210.029, Line 23, by inserting after all of said line the following:


              "4. No physician, certified nurse midwife, or hospital providing emergency medical care or treatment of a woman or infant arising during childbirth as a consequence of the care received by a midwife or caregiver under this section shall be liable for any civil damages for any act or omission resulting from the rendering of such services unless such act or omission was the result of gross negligence or willful misconduct."; and


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


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


            Representative Byrd offered House Amendment No. 2.


            House Amendment No. 2 was withdrawn.


            HCS HB 36, as amended, was laid over.


            HCS HB 400, relating to the Dental Carve-Out Act, was taken up by Representative Yates.


            Representative Rupp offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for House Bill No. 400, Page 1, Section 208.680, Line 1, by adding after said section the following:


              Section 1. Any entity submitting a bid for a program established under the provisions of this act, shall be actuarially sound and shall provide proof of network and adequacy of network prior to the submission of the bid. No bid shall be accepted by the state of Missouri without meeting the provisions established by this section.”.


            HCS HB 400, with House Amendment No. 1, pending, was laid over.


            On motion of Representative Dempsey, the House recessed until 2:00 p.m.


AFTERNOON SESSION


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


SIGNING OF SENATE BILL


            All other business of the House was suspended while SCS SB 69 was read at length and, there being no objection, was signed by the Speaker to the end that the same may become law.


            Speaker Pro Tem Bearden resumed the Chair.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 2281

                        and

            House Resolution No. 2282 - Representative Smith (118)

            House Resolution No. 2283

                        through

            House Resolution No. 2294 - Representative Kratky

            House Resolution No. 2295 - Representative Cunningham (145)

            House Resolution No. 2296 - Representatives Cunningham (145) and Moore

            House Resolution No. 2297 - Representative Fares

            House Resolution No. 2298 - Representative Cooper (158)

            House Resolution No. 2299 - Representative Cunningham (145)

            House Resolution No. 2300

                        through

            House Resolution No. 2313 - Representative Moore

            House Resolution No. 2314 - Representative Witte

            House Resolution No. 2315 - Representative Jetton

            House Resolution No. 2316

                        through

            House Resolution No. 2329 - Representative Hobbs

            House Resolution No. 2330 - Representative Pratt



            House Resolution No. 2331

                        through

            House Resolution No. 2333 - Representative Wood

            House Resolution No. 2334

                        through

            House Resolution No. 2347 - Representative Black

            House Resolution No. 2348 - Representative Villa


PERFECTION OF HOUSE BILLS


            HCS HB 400, with House Amendment No. 1, pending, relating to the Dental Carve-Out Act, was again taken up by Representative Yates.


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


House Substitute Amendment No. 1

for

House Amendment No. 1


AMEND House Committee Substitute for House Bill No. 400, Page 1, Section 208.680, Line 1, by adding after said section the following:


              Section 1. Any entity submitting a bid for a program established under the provisions of this act, shall be actuarially sound and shall provide proof of network and adequacy of network prior to the submission of the bid. No bid shall be accepted by the state of Missouri without meeting the provisions established by this section. Any entity submitting a bid for a program established under the provisions of this act that has an established headquarters in this state shall be given a preference by the state of Missouri. Such preference shall recognize the contributions to the local economics of the state. Any entity submitting a bid for a program established by this act shall have previously demonstrated successful delivery of dental services to a majority of the current managed care providers. Any request for proposal, bid let or contract awarded shall only apply to the fee for services portion of the Medicaid program. The provisions of this act shall not go into effect unless an appropriation exists which establishes a reimbursement to dentists at 75% of usual and customary fees for dental services.”.


            Representative Yates 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 not well taken.


            Representative Lampe requested a division of the question on House Substitute Amendment No. 1 for House Amendment No. 1.


            The division of the question was denied by the Chair.


            Representative Witte moved that House Substitute Amendment No. 1 for House Amendment No. 1 be adopted.


            Which motion was defeated.


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


            Representative Harris (23) offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for House Bill No. 400, Page 1, Section 208.680, Line 1, by adding after said section the following:


              Section 1. The attorney general shall have full prosecutorial authority over any provider or recipient in any program established by this act.”.


            On motion of Representative Harris (23), House Amendment No. 2 was adopted.


            Representative Rupp offered House Amendment No. 3.


House Amendment No. 3


AMEND House Committee Substitute for House Bill No. 400, Page 1, Section 208.680, Line 1, by adding after said section the following:


              Section 1. The department of social services shall have the authority to carve out any service provided under any portion of a managed care contract which it believes would result in cost savings to the taxpayers of Missouri.”.


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


            Which motion was defeated.


            On motion of Representative Yates, HCS HB 400, as amended, was adopted.


            On motion of Representative Yates, HCS HB 400, as amended, was ordered perfected and printed.


            HB 417, relating to uninsured motorists, was taken up by Representative Yates.


            Representative Burnett offered House Amendment No. 1.


House Amendment No. 1


AMEND House Bill No. 417, Page 1, Section 303.390.2(2), Line 12, by deleting the words “by clear and convincing evidence”.




            Representative Byrd offered House Amendment No. 1 to House Amendment No. 1.


House Amendment No. 1

to

House Amendment No. 1


AMEND House Amendment No. 1 to House Bill No. 417, Page 1, Section 303.390, Line 12, by deleting the word “demonstrated” and inserting in lieu thereof the word “proven”.


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


            On motion of Representative Burnett, House Amendment No. 1, as amended, was adopted by the following vote:


AYES: 158

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bowman

Boykins

Bringer

Brooks

Brown 30

Brown 50

Bruns

Burnett

Byrd

Casey

Chinn

Chappelle-Nadal

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

Goodman

Guest

Harris 23

Harris 110

Haywood

Henke

Hobbs

Hoskins

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

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

Silvey

Skaggs

Smith 14

Smith 118

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 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 004

 

 

 

 

 

 

Bean

George

Hubbard

Oxford

 

 

 

 

 

 

VACANCIES: 001


            Representative Yates offered House Amendment No. 2.


House Amendment No. 2


AMEND House Bill No. 417, Page 2, Section 303.390, Line 15, by inserting at the end of said line the following:


              "The provisions of this section shall not apply to an uninsured motorist whose immediately previous insurance policy meeting the requirements of section 303.190 was terminated or nonrenewed for failure to pay the premium, unless notice of termination or nonrenewal for failure to pay such premium was provided by such insurer at least thirty days prior to the time of the accident."; and


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


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


            Representative Page offered House Amendment No. 3.


House Amendment No. 3


AMEND House Bill No. 417, Page 2, Section 303.390, Line 28, by inserting after all of said line the following:


              "7. The department of revenue, or the department's designee, shall notify each applicant for a motor vehicle license in writing of the provisions of this section on application or renewal for a motor vehicle license."; and


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


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


            Which motion was defeated.


            On motion of Representative Yates, HB 417, as amended, was ordered perfected and printed.


            HB 205, relating to child support payments, was taken up by Representative Salva.


            On motion of Representative Salva, HB 205 was ordered perfected and printed.


            HCS#2 HB 568, relating to the protection of children, was taken up by Representative Stevenson.




            Representative Franz offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute No. 2 for House Bill No. 568, Page 2, Section 210.117, Line 14 of said page, by inserting after the word “child” the words:


              in the home”; and


              Further amend said bill, Page 3, Section 211.038, Line 14 of said page, by inserting after the word “child” the words “in the home”; and


              Further amend said bill, Page 9, Section 452.375, Line 53 of said page, by inserting after the word “child” the words “in the home”; and


              Further amend said bill, Page 12, Section 452.400, Line 21 of said page, by inserting after the word “child” the words “in the home”; and


              Further amend said bill, Page 13, Section 452.400, Line 63 of said page, by inserting after the word “child” the words “in the home”; and


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


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


            Which motion was defeated.


            On motion of Representative Stevenson, HCS#2 HB 568 was adopted.


            On motion of Representative Stevenson, HCS#2 HB 568 was ordered perfected and printed.


            HB 617, with House Committee Amendment No. 1, relating to watershed districts, was taken up by Representative Kelly.


            Representative Kelly offered House Substitute Amendment No. 1 for House Committee Amendment No. 1.


House Substitute Amendment No. 1

for

House Committee Amendment No. 1


AMEND House Bill No. 617, Section 249.1150, Page 2, Line 26, by inserting immediately after said line the following:


              2. Any county of the third classification without a township form of government and with more than thirteen thousand seventy-five but fewer than thirteen thousand one hundred seventy-five inhabitants, any county of the third classification without a township form of government and with more than nine thousand four hundred fifty but fewer than nine thousand five hundred fifty inhabitants, or any county of the third classification without a township form of government and with more than seventeen thousand nine hundred but fewer than eighteen thousand inhabitants shall not be included again in a watershed improvement district under this section without a majority vote of the qualified voters of such county.”; and


              Further renumber all subsections of said section accordingly; and


              Further amend said section, Page 4, Line 122, by inserting after said line the following:


              "13. For a watershed improvement district located in any county of the third classification without a township form of government and with more than thirteen thousand seventy-five but fewer than thirteen thousand one hundred seventy-five inhabitants, any county of the third classification without a township form of government and with more than nine thousand four hundred fifty but fewer than nine thousand five hundred fifty inhabitants, or any county of the third classification without a township form of government and with more than seventeen thousand nine hundred but fewer than eighteen thousand inhabitants, upon the filing of a petition signed by at least twenty percent of the qualified voters of the county requesting inclusion of the county within a watershed improvement district, the governing body of such county shall at the next general or primary election submit the question to the qualified voters of the county. The ballot submission shall be in substantially the following form:

              Shall .......... County be included within the ..... watershed improvement district?

                                           □ Yes                                                              No


If you are in favor of the question, place an "X" in the box opposite "YES". If you are opposed to the question, place an "X" in the box opposite "NO".


If a majority of the votes cast in the county favor the proposal submitted under this subsection, the county shall be included within the district. If a majority of the votes cast in the county oppose the proposal submitted under this subsection, the county shall not be included within the district.”; and


              Further amend Section 249.1152, Page 4, Line 1 of said section, by inserting an open bracket “[“ immediately before section number 249.1152; and


              Further amend said section, Page 9, Line 175 of said section, by inserting a closed bracket “]” immediately following the period; and

 

              Further amend said line of said section, by inserting immediately following said line the following:


              [249.1154. The governing body of any county, by order or ordinance or upon the filing of a petition signed by at least twenty percent of the property owners in an area proposed for designation under this section, may designate groundwater depletion areas within a watershed improvement district created under section 249.1150 or 249.1152 and may require well volume monitoring.


              249.1155. After August 28, 2004, any county within a watershed improvement district may require that all septic systems be maintained or pumped every five years by a licensed provider. In the event a county requires that all septic systems be so maintained or pumped the owner of any septic system shall submit proof of maintenance or pumping to the county department of health or the state department of health and senior services if appropriate which shall determine what shall constitute proof of compliance with the requirement. In addition, the county department of health or the state department of health and senior services if appropriate may charge septic tank owners a reasonable fee for monitoring compliance with the requirement.


              640.635. Any person or laboratory performing an analysis of wastewater shall be licensed to perform the analysis by the department of natural resources. The department shall determine by rule or regulation the licensing criteria. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly under chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2004, shall be invalid and void. The department may require the person or laboratory obtaining a license under this section to pay a fee to the department for licensure. The fee shall be set at a level not to exceed the cost and expense of administrating this section.]


              644.076. 1. It is unlawful for any person to cause or permit any discharge of water contaminants from any water contaminant or point source located in Missouri in violation of sections 644.006 to 644.141, or any standard, rule or regulation promulgated by the commission. In the event the commission or the director determines that any provision of sections 644.006 to 644.141 or standard, rules, limitations or regulations promulgated pursuant thereto, or permits issued by, or any final abatement order, other order, or determination made by the commission or the director, or any filing requirement pursuant to sections 644.006 to 644.141 or any other provision which this state is required to enforce pursuant to any federal water pollution control act, is being, was, or is in imminent danger of being violated, the commission or director may cause to have instituted a civil action in any court of competent jurisdiction for the injunctive relief to prevent any such violation or further violation or for the assessment of a penalty not to exceed ten thousand dollars per day for each day, or part thereof, the violation occurred and continues to occur, or both, as the court deems proper. A civil monetary penalty pursuant to this section shall not be assessed for a violation where an administrative penalty was assessed pursuant to section 644.079. The commission, the chair of a watershed district's board of trustees created under section 249.1150 [or 249.1152], or the director may request either the attorney general or a prosecuting attorney to bring any action authorized in this section in the name of the people of the state of Missouri. Suit may be brought in any county where the defendant's principal place of business is located or where the water contaminant or point source is located or was located at the time the violation occurred. Any offer of settlement to resolve a civil penalty pursuant to this section shall be in writing, shall state that an action for imposition of a civil penalty may be initiated by the attorney general or a prosecuting attorney representing the department pursuant to this section, and shall identify any dollar amount as an offer of settlement which shall be negotiated in good faith through conference, conciliation and persuasion.

              2. Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to sections 644.006 to 644.141 or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained pursuant to sections 644.006 to 644.141 shall, upon conviction, be punished by a fine of not more than ten thousand dollars, or by imprisonment for not more than six months, or by both.

              3. Any person who willfully or negligently commits any violation set forth pursuant to subsection 1 of this section shall, upon conviction, be punished by a fine of not less than two thousand five hundred dollars nor more than twenty-five thousand dollars per day of violation, or by imprisonment for not more than one year, or both. Second and successive convictions for violation of the same provision of this section by any person shall be punished by a fine of not more than fifty thousand dollars per day of violation, or by imprisonment for not more than two years, or both.

              4. The liabilities which shall be imposed pursuant to any provision of sections 644.006 to 644.141 upon persons violating the provisions of sections 644.006 to 644.141 or any standard, rule, limitation, or regulation adopted pursuant thereto shall not be imposed due to any violation caused by an act of God, war, strike, riot, or other catastrophe.


              701.031. Property owners of all buildings where people live, work or assemble shall provide for the sanitary disposal of all domestic sewage. Except as provided in this section, sewage and waste from such buildings shall be disposed of by discharging into a sewer system regulated pursuant to chapter 644, RSMo, or shall be disposed of by discharging into an on-site sewage disposal system operated as defined by rules promulgated pursuant to sections 701.025 to 701.059. [Any person installing on-site sewage disposal systems shall be registered to do so by the department of health and senior services.] The owner of a single-family residence lot consisting of three acres or more, or the owner of a residential lot consisting of ten acres or more with no single-family residence on-site sewage disposal system located within three hundred sixty feet of any other on-site sewage disposal system and no more than one single-family residence per each ten acres in the aggregate, except lots adjacent to lakes operated by the Corps of Engineers or by a public utility, shall be excluded from the provisions of sections 701.025 to 701.059 and the rules promulgated pursuant to sections 701.025 to 701.059, including provisions relating to the construction, operation, major modification and major repair of on-site disposal systems, when all points of the system are located in excess of ten feet from any adjoining property line and no effluent enters an adjoining property, contaminates surface waters or groundwater or creates a nuisance as determined by a readily available scientific method. Except as provided in this section, any construction, operation, major modification or major repair of an on-site sewage disposal system shall be in accordance with rules promulgated pursuant to sections 701.025 to 701.059, regardless of when the system was originally constructed. The provisions of subdivision (2) of subsection 1 of section 701.043 shall not apply to lots located in subdivisions under the jurisdiction of the department of natural resources which are required by a consent decree, in effect on or before May 15, 1984, to have class 1, National Sanitation Federation (NSF) aerated sewage disposal systems.


              701.038. 1. The department of health and senior services or any of its agents may not investigate a sewage complaint except when necessary as part of a communicable disease investigation unless the complaint is received from an aggrieved party or[,] an adjacent landowner, [or any two residents of the county]. The department of health and senior services or any of its agents may enter any adjoining property if necessary when they are making an inspection pursuant to this section. The necessity for entering such adjoining property shall be stated in writing and the owner of such property shall be notified before the department or any of its agents may enter, except that, if an imminent health hazard exists, such notification shall be attempted but is not required.

              2. If the department or its agents make an investigation pursuant to a complaint as described in subsection 1 of this section and find that a nuisance does exist, the property owner shall comply with state and local standards when repairing or replacing the on-site sewage disposal system.”; and


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


            Representative Wood offered House Amendment No. 1 to House Substitute Amendment No. 1 for House Committee Amendment No. 1.


House Amendment No. 1

to

House Substitute Amendment No. 1

for

House Committee Amendment No. 1


AMEND House Substitute Amendment No. 1 for House Committee Amendment No. 1 to House Bill No. 617, Page 2, Lines 19 through 23, by deleting all of said lines and inserting in lieu thereof the following:

 

AMEND House Bill No. 617, Page 5, Section 249.1152, Line 33, by deleting "at least twenty percent" and inserting in lieu thereof the following: "at least [twenty] fifty percent"; and


              Further amend said amendment, Page 3, Lines 2 through 22, by deleting all of said lines and inserting after the word “monitoring.” the following:


              ]

              249.1155. After August 28, 2004, any county within a watershed improvement district may require that all septic systems on property benefited by the district be maintained or pumped every five years by a licensed provider. [In the event a county requires that all septic systems be so maintained or pumped] The owner of any septic system benefited by the district shall submit proof of maintenance or pumping to the county department of health or the state department of health and senior services if appropriate which shall determine what shall constitute proof of compliance with the requirement. In addition, the county department of health or the state department of health and senior services if appropriate may charge septic tank owners a reasonable fee for monitoring compliance with the requirement.”; and


              Further amend said amendment, Page 5, Line 17, by inserting after said line the following:

 

              “640.635. Any [person or] private laboratory performing an analysis of wastewater shall be licensed to perform the analysis by the department of natural resources. The department shall determine by rule or regulation the licensing criteria. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly under chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2004, shall be invalid and void. The department may require the person or laboratory obtaining a license under this section to pay a fee to the department for licensure. The fee shall be set at a level not to exceed the cost and expense of administering this section.”; and


              Further amend said amendment, Page 6, Line 21, and Page 7, Lines 1 through 10, by deleting said lines and inserting in lieu thereof the following:

 

              “701.038. 1. The department of health and senior services or any of its agents may not investigate a sewage complaint except when necessary as part of a communicable disease investigation unless the complaint is received from an aggrieved party, an adjacent landowner, or any two residents of the county. The department of health and senior services or any of its agents may enter any adjoining property if necessary when they are making an inspection pursuant to this section. The necessity for entering such adjoining property shall be stated in writing and the owner of such property shall be notified before the department or any of its agents may enter, except that, if an imminent health hazard exists, such notification shall be attempted but is not required.

              2. If the department or its agents make an investigation pursuant to a complaint as described in subsection 1 of this section and find that a nuisance does exist, the property owner shall comply with state and local standards when repairing or replacing the on-site sewage disposal system.

              3. For purposes of this section the term "resident of the county" means any person who owns and occupies real property in the county.


              [249.1154. The governing body of any county, by order or ordinance or upon the filing of a petition signed by at least twenty percent of the property owners in an area proposed for designation under this section, may designate groundwater depletion areas within a watershed improvement district created under section 249.1150 or 249.1152 and may require well volume monitoring.]"; and


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


            Representative Wood moved that House Amendment No. 1 to House Substitute Amendment No. 1 for House Committee Amendment No. 1 be adopted.


            Which motion was defeated by the following vote:


AYES: 038

 

 

 

 

 

 

 

 

 

Bowman

Brooks

Brown 50

Chappelle-Nadal

Curls

Darrough

Dixon

Donnelly

Dougherty

El-Amin

Fraser

Harris 23

Haywood

Hoskins

Jolly

Lampe

LeVota

Liese

Low 39

Lowe 44

Meiners

Nolte

Roorda

Rucker

Sater

Schoemehl

Storch

Viebrock

Vogt

Walsh

Wasson

Weter

Whorton

Witte

Wood

Wright 137

Yaeger

Zweifel

 

 

 

 

 

 

 

NOES: 112

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bringer

Brown 30

Bruns

Burnett

Byrd

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Daus

Davis

Day

Deeken

Dempsey

Dethrow

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Goodman

Guest

Harris 110

Henke

Hobbs

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 90

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lembke

Lipke

Loehner

May

McGhee

Meadows

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Ruestman

Rupp

Salva

Sander

Schaaf

Schad

Schlottach

Schneider

Selby

Self

Shoemyer

Silvey

Skaggs

Smith 14

Spreng

Stefanick

St. Onge

Sutherland

Swinger

Threlkeld

Tilley

Villa

Wagner

Wallace

Wells

Wildberger

Wilson 130

Wright 159

Wright-Jones

Yates

Young

Mr Speaker

 

 

 

 

 

 

 

 

PRESENT: 002

 

 

 

 

 

 

 

 

 

Johnson 61

Wilson 119

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 010

 

 

 

 

 

 

Bean

Boykins

Denison

George

Hubbard

Marsh

Oxford

Smith 118

Stevenson

Walton

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Kelly, House Substitute Amendment No. 1 for House Committee Amendment No. 1 was adopted.


            Representative Cunningham (145) offered House Amendment No. 1.


House Amendment No. 1


AMEND House Bill No. 617, Section 249.1150, Page 1, Line 13, by inserting immediately before the word “any” the word “and”; and


              Further amend said page, Line 15, by deleting the word “and”; and


              Further amend said line by inserting immediately before the word “any” an open bracket “[“; and


              Further amend said section, Page 2, Line 17, by deleting the open bracket “[“; and


              Further amend Section 249.1152, Page 9, Line 159, by inserting immediately after the comma “,” the following:


              any county of the third classification without a township form of government and with more than thirty-one thousand but fewer than thirty-one thousand one hundred inhabitants,”; and


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


            On motion of Representative Cunningham (145), House Amendment No. 1 was adopted.


            On motion of Representative Kelly, HB 617, as amended, was ordered perfected and printed.


            HCS HB 649, relating to the elderly and disabled income tax credit, was taken up by Representative Fares.


            Representative Parson assumed the Chair.


            Speaker Pro Tem Bearden resumed the Chair.


            Representative Baker (25) offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for House Bill No. 649, Page 3, Section 135.097, Line 56, by inserting after said line the following:


              An eligible taxpayer shall not be allowed to claim the tax credit for the year that the homestead is sold.”; and


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


            On motion of Representative Baker (25), House Amendment No. 1 was adopted.


            On motion of Representative Fares, HCS HB 649, as amended, was adopted.


            On motion of Representative Fares, HCS HB 649, as amended, was ordered perfected and printed.


            On motion of Representative Dempsey, the House recessed until 8:00 p.m.


EVENING SESSION


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


PERFECTION OF HOUSE BILLS


            HCS HB 827, relating to disabled employees’ medical assistance, was taken up by Representative Portwood.


            Representative Portwood offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for House Bill No. 827, Page 6, Section 208.146, Line 166, by inserting after said language the following:


              16. Notwithstanding any other provision of law to the contrary, in any given fiscal year, any persons made eligible for medical assistance benefits under this section shall only be eligible if annual appropriations are made for such eligibility. This subsection shall not apply to classes of individuals listed in 42 U.S.C. Section 1396a(a)(10)(A)(I).

              17. Pursuant to section 23.253, RSMo, of the Missouri Sunset Act, the provisions of the new program authorized under section 208.146 shall sunset on June 30, 2008.”; and


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


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


            Representative Portwood offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for House Bill No. 827, Page 1, Lines 3 and 4 of the Title, by deleting the words “, with an emergency clause”; and


              Further amend said bill, Page 1, Section 208.146, Lines 1 and 2, by inserting an opening bracket “[“ and a closing bracket “]” around the words “the federal Ticket to Work and Work Incentives Improvement Act of 1999 (TWWIIA) (Public Law 106-170)”; and


              Further amend said section, Page 2, Line 25, by deleting the words “one-time”; and


              Further amend said section, Page 4, Lines 101 through 103, by deleting all of said lines and inserting in lieu thereof the word “determination.” and by renumbering the subsection accordingly; and


              Further amend said section, Page 5, Lines 155 and 156, by deleting the words “and shall be permanently barred from participation in any state-funded medical assistance program”; and


              Further amend said bill, Page 6, Section B, by deleting all of said section; and


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


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


            Representative Bringer offered House Amendment No. 3.


            Representative Wright (137) raised a point of order that House Amendment No. 3 is not germane to the bill.


            The Chair ruled the point of order well taken.


            Representative Bowman offered House Amendment No. 4.


House Amendment No. 4


AMEND House Committee Substitute for House Bill No. 827, Page 6, Section 208.146, Line 166, by inserting after all of said line the following:


              "16. Notwithstanding any other provision of law to the contrary, any resident of this state who otherwise meets the eligibility requirements for medical assistance benefits under this section, and whose family income is one hundred percent or less of the federal poverty level shall be eligible to receive medical assistance benefits under this section. For purposes of this section "employed on a full-time basis" means a person who is employed an average of thirty-five hours per week for at least two calendar quarters immediately preceding the determination of eligibility."; and


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


            Representative Wright (137) raised a point of order that House Amendment No. 4 amends previously amended material and goes beyond the scope of the bill.


            The Chair ruled the point of order not well taken.


            Representative Bowman moved that House Amendment No. 4 be adopted.


            Which motion was defeated.


            Representative Donnelly offered House Amendment No. 5.


House Amendment No. 5


AMEND House Committee Substitute for House Bill No. 827, Page 5, Section 208.146, Lines 143 and 144, by deleting the words "one hundred" and inserting in lieu thereof the word "twenty"; and


              Further amend said bill, Page 5, Section 208.146, Line 146, by deleting the words "two hundred" and inserting in lieu thereof the word "fifty"; and


              Further amend said bill, Page 5, Section 208.146, Line 148, by deleting the words "three hundred" and inserting in lieu thereof the words "one hundred"; and


              Further amend said bill, Page 5, Section 208.146, Line 149, by deleting the words "four hundred" and inserting in lieu thereof the words "one hundred fifty"; and


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


            Representative Nieves offered House Amendment No. 1 to House Amendment No. 5.


House Amendment No. 1

to

House Amendment No. 5


AMEND House Amendment No. 5 to House Committee Substitute for House Bill No. 827, Page 1 of the amendment, Line 3, by deleting the word “fifty” and by inserting in lieu thereof the word “ninety”; and


              Further amend said amendment, Lines 5 and 6, by deleting said lines and by inserting in lieu thereof the following:


              'by deleting the words “two hundred” and by inserting in lieu thereof the words “one hundred ninety”'; and


              Further amend said amendment, Line 9, by deleting said line and by inserting in lieu thereof the following:


              'thereof the words “two hundred ninety” and'; and


              Further amend said amendment, Lines 11 and 12, by deleting said lines and by inserting in lieu thereof the following:


              'by deleting the words “four hundred” and inserting in lieu thereof the words “three hundred ninety”'.


            On motion of Representative Nieves, House Amendment No. 1 to House Amendment No. 5 was adopted.


            House Amendment No. 5, as amended, was withdrawn.


            On motion of Representative Portwood, HCS HB 827, as amended, was adopted.


            On motion of Representative Portwood, HCS HB 827, as amended, was ordered perfected and printed.


            HCS HBs 49 & 50, relating to alternative sentencing procedures, was taken up by Representative Jolly.


            On motion of Representative Jolly, HCS HBs 49 & 50 was adopted.


            On motion of Representative Jolly, HCS HBs 49 & 50 was ordered perfected and printed.


            HCS HB 691, relating to non-gaming amusement devices, was taken up by Representative Cooper (120).


            Representative Rupp offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for House Bill No. 691, Page 3, Section 572.010, Line 79, by inserting after all of said line the following:


              "572.070. 1. A person commits the crime of possession of a gambling device if, with knowledge of the character thereof, he manufactures, sells, transports, places or possesses, or conducts or negotiates any transaction affecting or designed to affect ownership, custody or use of:

              (1) A slot machine other than a slot machine sold, purchased, or otherwise acquired pursuant to section 572.125; or

              (2) Any other gambling device, knowing or having reason to believe that it is to be used in the state of Missouri in the advancement of unlawful gambling activity.

              2. Possession of a gambling device is a class A misdemeanor.


              572.125. 1. It shall be [an affirmative defense to any prosecution under this chapter relating to slot machines, if the defendant shows that the slot machine is an antique slot machine and was not operated for gambling purposes while in the defendant's possession. For the purposes of this section, an antique slot machine is one which is over thirty years] lawful for any person to sell or purchase or otherwise acquire any slot machine for operation at the residence of the owner, if such slot machine is not operated for gambling purposes. Such ownership or operation of a slot machine shall not be the basis for prosecution for any gambling offense under this chapter.

              2. Notwithstanding section 572.120, [whenever the defense provided by subsection 1 of this section is offered,] no slot machine seized from any defendant shall be destroyed or otherwise altered until after a final court determination that such [defense is not applicable. If the defense is applicable, any such slot machine shall be returned pursuant to provisions of law providing for the return of property] machine was operated for gambling purposes."; and


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


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


            On motion of Representative Cooper (120), HCS HB 691, as amended, was adopted.


            On motion of Representative Cooper (120), HCS HB 691, as amended, was ordered perfected and printed.


            HCS HB 36, as amended, relating to midwives, was again taken up by Representative Davis.


            Representative Page moved that HCS HB 36, as amended, be recommitted to the Committee on Professional Registration and Licensing.


            Which motion was defeated.


            Representative Dempsey moved the previous question.


            Which motion was adopted by the following vote:


AYES: 096

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Behnen

Bivins

Black

Brown 30

Bruns

Byrd

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Davis

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

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

Silvey

Smith 14

Smith 118

Stefanick

Stevenson

St. Onge

Sutherland

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 060

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bowman

Bringer

Brooks

Brown 50

Burnett

Casey

Chappelle-Nadal

Corcoran

Curls

Darrough

Daus

Donnelly

El-Amin

Fraser

George

Harris 23

Harris 110

Haywood

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

Swinger

Villa

Vogt

Wagner

Walsh

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

 

Bean

Boykins

Day

Dougherty

Marsh

Walton

 

 

 

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Davis, HCS HB 36, as amended, was adopted.


            On motion of Representative Davis, HCS HB 36, as amended, was ordered perfected and printed.


REFERRAL OF HOUSE BILLS


            The following House Bills were referred to the Committee indicated:


HCS HB 353 - Fiscal Review (Fiscal Note)

HCS HB 532 - Fiscal Review (Fiscal Note)

HCS HB 576 - Fiscal Review (Fiscal Note)


COMMITTEE REPORTS


            Committee on Budget, Chairman Lager reporting:


            Mr. Speaker: Your Committee on Budget, to which was referred HJR 12, 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 Judiciary, Chairman Byrd reporting:


            Mr. Speaker: Your Committee on Judiciary, to which was referred SS SCS SB 346, 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 Local Government, Chairman Johnson (47) reporting:


            Mr. Speaker: Your Committee on Local Government, to which was referred SCS SB 138, 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 Local Government, to which was referred SB 268, 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 Tourism, Chairman Marsh reporting:


            Mr. Speaker: Your Committee on Tourism, to which was referred SB 180, 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 Tourism, to which was referred SB 274, 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 Tourism, to which was referred SB 358, 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 Veterans, Chairman Jackson reporting:


            Mr. Speaker: Your Committee on Veterans, to which was referred HB 784, 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 Ways and Means, Chairman Sutherland reporting:


            Mr. Speaker: Your Committee on Ways and Means, to which was referred HB 952, 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 Ways and Means, to which was referred SCS SB 310, 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 23, 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#2 HB 586, 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 HBs 591, 210, 377, 760 & 777, 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 665, begs leave to report it has examined the same and recommends that it Do Pass, with a time limit of two (2) hours for debate on Perfection.


            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 742, 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 854, 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 924, 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 972, 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 SB 165, 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 SB 479, 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 SB 526, begs leave to report it has examined the same and recommends that it Do Pass, with no time limit for debate.


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 SCS SCR 6.


SENATE COMMITTEE SUBSTITUTE

FOR

SENATE CONCURRENT RESOLUTION NO. 6


              WHEREAS, Taiwan and the United States enjoy one of the most important economic and strategic international relationships that exists today; and


              WHEREAS, together, Taiwan and the United States promote a shared belief in freedom, democracy, and market principles; and


              WHEREAS, the level of mutual investment between Taiwan and the United States is quite high; and


              WHEREAS, streamlined foreign investment procedures developed under a Taiwan-United States free trade agreement would lead to further investment by firms in both Taiwan and the United States and would create new business opportunities and new jobs; and


              WHEREAS, a Taiwan-United States free trade agreement would encourage greater innovations and manufacturing efficiencies by stimulating joint technological development, practical applications, and new cooperative ventures; and


              WHEREAS, a recent study by the United States International Trade Commission supports the negotiation of a Taiwan-United States free trade agreement; and


              WHEREAS, a Taiwan-United States free trade agreement would build on the existing strong relations between Taiwan and the United States to simultaneously boost Taiwan's security and democracy and serve the broader interests of the United States in the Asia-Pacific region:


              NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-Third General Assembly, First Regular Session, the House of Representatives concurring therein, hereby support the negotiations of a Taiwan-United States free trade agreement; and


              BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for the Taipei Economic and Cultural Office in Kansas City.


            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 adopted SCS SCR 8.


SENATE COMMITTEE SUBSTITUTE

FOR

SENATE CONCURRENT RESOLUTION NO. 8


              WHEREAS, good health is important to every citizen of the world and access to the highest standards of health information and services is necessary to improve the public health; and

 

              WHEREAS, direct and unobstructed participation in international health cooperation forums and programs is beneficial for all parts of the world, especially with today's greater potential for the cross-border spread of various infectious diseases; and

 

              WHEREAS, Taiwan's population of 23,500,000 people is greater than three-fourths of the member states already in the World Health Organization; and

 

              WHEREAS, Taiwan's achievements in the field of health are substantial, including achieving one of the highest life expectancy levels in Asia; lowering maternal and infant mortality rates to a level comparable to those of western countries; eradicating such infectious diseases as cholera, smallpox, the plague, and polio; and providing children with hepatitis B vaccinations; and

 

              WHEREAS, the United States Centers for Disease Control and Prevention and its Taiwan counterpart agencies have enjoyed close collaboration on a wide range of public health issues; and

 

              WHEREAS, in recent years Taiwan has expressed a willingness to assist financially and technically in international aid and health activities supported by the World Health Organization; and

 

              WHEREAS, the World Health Assembly has allowed observers to participate in the activities of the organization, including the Palestine Liberation Organization in 1974, the Order of Malta, and the Holy See in the early 1950s; and

 

              WHEREAS, the United States, in the 1994 Taiwan Policy Review, declared its intention to support Taiwan's participation in appropriate international organizations:


              NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-Third General Assembly, First Regular Session, the House of Representatives concurring therein, hereby support observer status for Taiwan in the World Health Organization; and


              BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for the World Health Organization and to the Taipei Economic and Cultural Office in Kansas City.

              

            In which the concurrence of the House is respectfully requested.


ADJOURNMENT


            On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Wednesday, April 20, 2005.


CORRECTIONS TO THE HOUSE JOURNAL


AFFIDAVITS


I, State Representative Charlie Denison, District 135, hereby state and affirm that my vote as recorded on the motion to adopt House Amendment No. 1 to House Substitute Amendment No. 1 for House Committee Amendment No.1 to House Bill No. 617 in the House Journal for Tuesday, April 19, 2005 showing that I voted absent 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 19th day of April 2005.


                                                                                                    /s/ Charlie Denison

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )


Subscribed and sworn to before me this 19th day of April in the year 2005.


                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

___________


I, State Representative Jeff Roorda, District 102, hereby state and affirm that my vote as recorded on the motion to adopt House Amendment No. 1 to House Substitute Amendment No. 1 for House Committee Amendment No. 1 to House Bill No. 617 in the House Journal for Tuesday, April 19, 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 19th day of April 2005.


                                                                                                    /s/ Jeff Roorda

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )


Subscribed and sworn to before me this 19th day of April in the year 2005.


                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk


COMMITTEE MEETINGS


ADMINISTRATION AND ACCOUNTS

Thursday, April 21, 2005, 8:00 a.m. Hearing Room 4.

House Policy Revisions. Executive session may follow. AMENDED


AGRICULTURE POLICY

Wednesday, April 20, 2005, House Chamber side gallery upon afternoon recess.

Executive session will be held on: SB 187


CHILDREN AND FAMILIES

Wednesday, April 20, 2005, 8:00 a.m. Hearing Room 7.

Executive session may follow.

Public hearing to be held on: HB 970


CONSERVATION AND NATURAL RESOURCES

Wednesday, April 20, 2005, 6:00 p.m. Hearing Room 1.

Possible Executive session.


CORRECTIONS AND PUBLIC INSTITUTIONS

Wednesday, April 20, 2005, 8:00 a.m. Hearing Room 4.

Executive session may follow.

Public hearings to be held on: HB 590, HB 772, HB 875


ELEMENTARY AND SECONDARY EDUCATION

Wednesday, April 20, 2005, 8:00 a.m. Hearing Room 3.

Executive session may follow.

Public hearings to be held on: HB 472, HB 909, HB 946


HEALTH CARE POLICY

Wednesday, April 20, 2005, 8:00 a.m. Hearing Room 6.

Executive session may follow. AMENDED

Public hearings to be held on: HB 770, HB 805, HB 905, HCR 31


JOB CREATION AND ECONOMIC DEVELOPMENT

Wednesday, April 20, 2005, 12:00 p.m. Hearing Room 6.

Senate bills will be heard first. Executive session may follow.

Public hearings to be held on: HB 89, HB 787, HB 837, HB 884, SB 99, SS SB 343




LOCAL GOVERNMENT

Thursday, April 21, 2005, 8:00 a.m. Hearing Room 6.

Executive session. AMENDED

Public hearings to be held on: HB 778, SCS SB 468, SS SCS SB 32


RULES

Wednesday, April 20, 2005, 12:00 p.m. Hearing Room 1.

Executive session may follow. AMENDED

Public hearings to be held on: HB 784, HB 880, HCS SB 189,

SCS SB 170, SCS SB 272, SB 286, HCS SCS SB 252,

HCS SB 42, HCS SCS SB 10 & 27


SENIOR CITIZEN ADVOCACY

Thursday, April 21, 2005, 8:00 a.m. Hearing Room 1.

Executive session may follow.

Public hearings to be held on: HB 736, HB 887, SCS SBs 75 & 353


SPECIAL COMMITTEE ON GENERAL LAWS

Thursday, April 21, 2005, 8:30 a.m. Hearing Room 5.

Executive session may follow. CANCELLED

Public hearing to be held on: HB 759


SPECIAL COMMITTEE ON GENERAL LAWS

Monday, May 2, 2005, Hearing Room 5 upon afternoon adjournment.

Executive session may follow.

Public hearing to be held on: HB 911


SPECIAL COMMITTEE ON URBAN ISSUES

Thursday, April 21, 2005, 8:30 a.m. Hearing Room 5.

Executive session may follow.

Public hearings to be held on: HCR 28, SS SB 95


TRANSPORTATION

Wednesday, April 20, 2005, 8:00 a.m. Hearing Room 1.

Executive session may follow.

Public hearings to be held on: HB 653, HB 469, HB 817


UTILITIES

Wednesday, April 20, 2005, Hearing Room 5 upon morning recess.

Executive session may occur.

Public hearings to be held on: HCR 33, SS SCS SB 462




WAYS AND MEANS

Wednesday, April 20, 2005, Hearing Room 5 upon afternoon recess.

Possible Executive session.

Public hearings to be held on: HB 916, SS SB 362


WORKFORCE DEVELOPMENT AND WORKPLACE SAFETY

Wednesday, April 20, 2005, 12:00 p.m. Hearing Room 3.

Executive session may follow.

Public hearing to be held on: HB 197


HOUSE CALENDAR


FIFTY-NINTH DAY, WEDNESDAY, APRIL 20, 2005


HOUSE BILLS FOR PERFECTION


1          HCS HB 474 - Yates

2          HCS HB 628 - Byrd

3          HCS HB 255 - Cunningham (86)

4          HCS HB 387 - Byrd

5          HB 572 - Stevenson

6          HCS HB 560 - Wright (137)

7          HCS HB 498 - Kratky

8          HCS HB 853 - Loehner

9          HCS HB 863 - Wasson

10        HB 832 - Brooks

11        HCS HB 866 - Wilson (130)

12        HCS HB 640 - Pearce

13        HB 291 - Cooper (155)

14        HCS HB 272 - Pratt

15        HB 196 - Wildberger

16        HB 116 - Deeken

17        HCS HB 697 - Lembke

18        HB 721 - Flook

19        HCS HB 824 - Hobbs

20        HCS HB 671 - Sutherland

21        HCS HB 804 - Smith (118)

22        HB 679 - Kraus

23        HCS HB 91 - Johnson (47)

24        HCS HB 192 - Sander

25        HCS HB 665 - Behnen                                   (2 hours debate on Perfection)

26        HCS HB 742 - Bearden

27        HCS HB 854 - Richard

28        HCS HB 924 - Wallace

29        HCS HB 972 - Jetton


HOUSE BILLS FOR PERFECTION - INFORMAL


1          HCS HB 639, as amended - Hoskins

2          HB 376 - Guest

3          HCS HB 519, as amended - Roark                 (3 hours debate on Perfection)


HOUSE BILL FOR PERFECTION - FEDERAL MANDATE


HCS HB 500 & 533 - Faith


HOUSE BILLS FOR THIRD READING


1          HB 375 - Nance

2          HCS HB 209 - Cooper (120)

3          HCS HB 576, (Fiscal Review 4-19-05) - Flook

4          HCS HB 525 - May

5          HCS HB 532, (Fiscal Review 4-19-05) - Spreng

6          HB 530 - Moore

7          HB 320 - Muschany

8          HCS HB 440 - Pratt

9          HCS HB 286 - Bland

10        HCS HB 353, (Fiscal Review 4-19-05) - Lipke

11        HCS HB 400 - Yates

12        HB 417 - Yates

13        HB 205 - Salva

14        HCS#2 HB 568 - Stevenson

15        HB 617 - Kelly

16        HCS HB 649 - Fares

17        HCS HB 827 - Portwood

18        HCS HB 49 & 50 - Jolly

19        HCS HB 691 - Cooper (120)

20        HCS HB 36 - Davis


HOUSE BILL FOR THIRD READING - CONSENT


HCS HB 508, E.C. - Pratt


SENATE CONCURRENT RESOLUTION


SCR 2, (3-02-05, Pages 470-471) - Sander


SENATE JOINT RESOLUTION FOR THIRD READING


SS SJR 1 - Chinn


SENATE BILLS FOR THIRD READING - CONSENT


(4/15/05)


1          HCS SCS SB 24 - Schlottach

2          SCS SB 68 - Yates

3          SB 71 - Nieves

4          HCS SCS SB 100 - Dixon

5          HCS SCS SBs 103 & 115 - Yates

6          SB 131 - Yates

7          SCS SB 133 - Yates

8          SB 149 - Stevenson

9          SB 156 - Richard

10        SB 178 - Schaaf

11        SB 211 - Cooper (120)

12        SCS SB 222 - Sutherland

13        HCS SCS SB 246 - Villa

14        SB 259 - Baker (123)

15        SB 261 - Yates

16        SCS SB 266 - Fares

17        SCS SB 267 - Jackson

18        SB 279 - Wasson

19        SCS SB 289 - Tilley

20        SB 298 - Wright-Jones

21        SB 299 - Wright-Jones

22        SCS SB 302 - Cunningham (86)

23        SB 306 - Dethrow

24        HCS SB 307 - Kuessner

25        SB 318 - Cooper (120)

26        SB 347 - Cooper (155)

27        SB 394 - Pearce

28        SCS SB 407 - Lipke

29        SB 453 - St. Onge

30        SB 480 - Kraus

31        HCS SB 490 - Pearce

32        SCS SB 501 - Stefanick

33        SB 507 - Baker (25)

34        SB 516 - Richard

35        SB 518 - Cooper (155)


(4/18/05)


1          SCS SB 6 - Lager

2          HCS SB 38 - Ruestman

3          SB 122 - Wright (137)

4          SB 162 - Cooper (155)

5          HCS SB 174, E.C. - Bruns

6          HCS SB 177 - Behnen

7          HCS SCS SB 182 - Rector

8          SB 209 - Pearce

9          HCS SB 216 - Goodman

10        SCS SB 227 - Kuessner

11        HCS SCS SB 238 - Faith

12        SCS SB 247 - Bruns

13        SB 265 - Wood

14        SB 288 - Lager

15        SB 304 - Ervin

16        HCS SB 308 - Pollock

17        SB 317 - Johnson (47)

18        SCS SB 354 - Schlottach

19        SB 357 - Smith (118)

20        HCS SB 364, E.C. - Franz

21        HCS SCS SB 372 - Kuessner

22        SCS SB 374 - Zweifel

23        SB 396 - Cooper (158)

24        HCS SB 401 - Lembke

25        SB 418 - Lipke

26        HCS SB 422 - Yates

27        HCS SCS SB 423 - Lipke

28        HCS SCS SB 450, E.C. - Portwood

29        SCS SB 496 - Kelly

30        SCS SB 502, E.C. - Portwood

31        SB 521, HCA 1 - Cooper (158)

 

SENATE BILLS FOR THIRD READING


1          HCS SCS SB 270, E.C. - Richard

2          HCS SB 21 - Stevenson

3          HCS SCS SB 70 - Richard

4          SCS SB 73 - Weter

5          HCS SCS#2 SB 155 - Kingery

6          SCS SB 258 - Baker (123)

7          SB 367 - Hunter

8          SB 378 - Boykins

9          SCS SB 390 - Pratt

10        SB 488, HCA 1 - Robinson


HOUSE CONCURRENT RESOLUTION


HCS HCR 25, (3-10-05, Pages 588-589) - Schlottach