jrn023_14.ps

Journal of the House

First Regular Session, 92nd General Assembly

TWENTY-THIRD DAY, Tuesday, February 18, 2003

Speaker Hanaway in the Chair.

Prayer by Reverend James Earl Jackson.

Heavenly Father, our Rock and Fortress, it is written: “You have seen my affliction; You have known the trouble of my soul,” even so, comfort us in our affliction; give peace to our soul as we confront the issues of this day.

Lord God, grant us an understanding of the times we live in. May we recognize that our future is bright and our time is in Your hands. Uncover and reveal Your plan for us.

Sink Your wisdom deep within our hearts that we might be equipped and prepared to overcome the challenges of this day.

Heavenly Father, may the words of our mouths and the meditation of our hearts be acceptable in Your sight.

In the name of Your Son 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: Ronald Rorie, Jr. and Andrew Jennings.

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

AYES: 157

Abel	Adams	Angst	Avery	Baker
Barnitz	Bean	Bearden	Behnen	Bishop
Bivins	Black	Bland	Bough	Bringer
Brooks	Brown	Bruns	Burnett	Byrd
Campbell	Carnahan	Cooper 120	Cooper 155	Corcoran
Crawford	Crowell	Cunningham 145	Cunningham 86	Curls
Darrough	Daus	Davis 122	Davis 19	Deeken
Dempsey	Dethrow	Dixon	Donnelly	Dougherty
Dusenberg	El-Amin	Emery	Engler	Ervin
Fares	Fraser	George	Goodman	Graham
Guest	Hampton	Harris 110	Haywood	Henke
Hilgemann	Hobbs	Holand	Hoskins	Hubbard
Hunter	Icet	Jackson	Jetton	Johnson 47
Johnson 61	Johnson 90	Jolly	Jones	Kelly 144
Kelly 36	King	Kingery	Kratky	Kuessner
Lager	Lembke	LeVota	Liese	Lipke
Lowe	Luetkemeyer	Marsh	May	Mayer
McKenna	Meiners	Merideth	Miller	Moore
Morris	Muckler	Munzlinger	Myers	Nieves
Page	Parker	Pearce	Phillips	Portwood
Pratt	Purgason	Quinn	Ransdall	Rector
Richard	Roark	Ruestman	Rupp	Sager
Salva	Sander	Schaaf	Schlottach	Schneider
Schoemehl	Seigfreid	Selby	Self	Shoemaker
Shoemyer	Skaggs	Smith 118	Smith 14	Spreng
St. Onge	Stefanick	Sutherland	Taylor	Thompson
Threlkeld	Townley	Viebrock	Villa	Vogt
Wagner	Walker	Wallace	Walsh	Walton
Ward	Wasson	Whorton	Wildberger	Willoughby
Wilson 119	Wilson 130	Wilson 25	Wilson 42	Witte
Wood	Wright	Yaeger	Yates	Young
Zweifel	Madam Speaker

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 006

Boykins	Green	Harris 23	Lawson	Reinhart
Stevenson

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 414 - Representative May

House Resolution No. 415 - Representative Crowell

House Resolution No. 416

and

House Resolution No. 417 - Representative Moore

House Resolution No. 418

through

House Resolution No. 421 - Representative Cooper (120)

House Resolution No. 422 - Representative Holand

House Resolution No. 423 - Representative Wood

House Resolution No. 424

through

House Resolution No. 427 - Representative Hobbs

House Resolution No. 428 - Representative Thompson

House Resolution No. 429 - Representative Shoemyer (9)

House Resolution No. 430 - Representative Bivins

INTRODUCTION OF HOUSE BILLS

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

HB 490, introduced by Representative Luetkemeyer, relating to workers' compensation deductible plans.

HB 491, introduced by Representatives Rupp, Bearden, Walker, Smith (14), Liese, Pearce and Baker, et al, relating to biennial registration for certain motor vehicles.

HB 492, introduced by Representative Morris, relating to licensing professional counselors.

HB 493, introduced by Representatives Bruns, Icet and Deeken, et al, relating to special license plates.

HB 494, introduced by Representatives Guest, Dethrow and Sutherland, et al, relating to concentrated animal feeding operations.

HB 495, introduced by Representative Johnson (47), relating to assisted living facilities.

HB 496, introduced by Representative Riback Wilson (25), relating to taxes on the sale of cigarettes and tobacco products.

HB 497, introduced by Representatives Abel, Muckler, George, Page, El-Amin, Bishop, Donnelly and Wildberger, et al, relating to public assistance for foster children.

HB 498, introduced by Representatives Hilgemann, Jones, Campbell, Corcoran, Lowe, Jolly, Curls and Villa, et al, relating to senior citizen homestead deferral of taxes.

HB 499, introduced by Representatives Walton and Hoskins, relating to the creation of subdistricts in certain school districts.

HB 500, introduced by Representatives Lowe, Moore, Curls and Meiners, et al, relating to disqualification from jury service.

HB 501, introduced by Representatives Riback Wilson (25), Selby, Johnson (90), Kingery and Sager, relating to health insurance coverage for treatment of inherited diseases of amino and organic acids.

HB 502, introduced by Representative Campbell, relating to regulation of mobile telephone use by operators of motor vehicles.

HB 503, introduced by Representatives Campbell, Hilgemann, Lowe, Riback Wilson (25), Graham, Johnson (90) and Carnahan, et al, relating to taxation.

HB 504, introduced by Representatives Dixon, Skaggs, Holand, Taylor, Mayer, Viebrock and Wood, et al, relating to juvenile court records.

SECOND READING OF HOUSE BILLS - APPROPRIATIONS

HB 2 through HB 12 were read the second time.

SECOND READING OF HOUSE BILLS

HB 480 through HB 489 were read the second time.

PERFECTION OF HOUSE BILL

HCS HB 73, relating to the Higher Education Savings Program, was taken up by Representative Luetkemeyer.

Representative Johnson (90) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 73, Page 1, Section 166.435, Line 1, by deleting all of said Section 166.435.

Representative Abel 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. 73, Page 2, Section 166.435, Line 30, by inserting immediately after said line the following:

“4. The provisions of this section shall apply to similar programs sponsored, held, or otherwise authorized by law by another state or subdivision thereof and qualified pursuant to Section 529 of the Internal Revenue Code, provided that annual contributions made by residents of such state or political subdivision to a savings program held by the board or any similar program sponsored, held, or otherwise authorized by law by this state and qualified pursuant to Section 529 of the Internal Revenue Code of up to and including eight thousand dollars for the resident taxpayer shall be treated as a deduction to such resident’s state adjusted gross income or treated as an equivalent reduction to such resident’s state tax liability. The provisions of this subsection shall apply to tax years beginning on or after January 1, 2005.”; and

Further amend said bill, Page 7, Section 166.520, Line 22, by inserting immediately after the word “beneficiary” the following:

“The minimum amount that may be contributed annually by a participant with respect to a beneficiary shall be $25.”; and

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

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

Which motion was defeated by the following vote:

AYES: 066

Abel	Adams	Barnitz	Bishop	Bland
Bringer	Brooks	Burnett	Campbell	Carnahan
Corcoran	Curls	Darrough	Daus	Davis 122
Donnelly	Dougherty	El-Amin	Fraser	George
Graham	Green	Hampton	Harris 110	Harris 23
Henke	Hilgemann	Hoskins	Hubbard	Johnson 61
Johnson 90	Jolly	Jones	Kelly 36	Kratky
LeVota	Liese	Lowe	McKenna	Meiners
Merideth	Muckler	Page	Ransdall	Sager
Salva	Schoemehl	Seigfreid	Selby	Spreng
Thompson	Vogt	Wagner	Walker	Walsh
Walton	Ward	Whorton	Wildberger	Willoughby
Wilson 25	Wilson 42	Witte	Yaeger	Young
Zweifel

NOES: 092

Angst	Avery	Baker	Bean	Bearden
Behnen	Bivins	Black	Bough	Brown
Bruns	Byrd	Cooper 120	Cooper 155	Crawford
Crowell	Cunningham 145	Cunningham 86	Davis 19	Deeken
Dempsey	Dethrow	Dixon	Dusenberg	Emery
Engler	Ervin	Fares	Goodman	Guest
Hobbs	Holand	Hunter	Icet	Jackson
Jetton	Johnson 47	Kelly 144	King	Kingery
Kuessner	Lager	Lembke	Lipke	Luetkemeyer
Marsh	May	Mayer	Miller	Moore
Morris	Munzlinger	Myers	Nieves	Parker
Pearce	Phillips	Portwood	Pratt	Purgason
Quinn	Rector	Richard	Roark	Ruestman
Rupp	Sander	Schaaf	Schlottach	Schneider
Self	Shoemaker	Skaggs	Smith 118	Smith 14
St. Onge	Stefanick	Stevenson	Sutherland	Taylor
Threlkeld	Townley	Viebrock	Villa	Wallace
Wasson	Wilson 119	Wilson 130	Wood	Wright
Yates	Madam Speaker

PRESENT: 000

ABSENT WITH LEAVE: 005

Boykins	Haywood	Lawson	Reinhart	Shoemyer

House Amendment No. 1 was withdrawn.

Representative Johnson (90) requested a division of the question on HCS HB 73.

On motion of Representative Luetkemeyer, Part I of HCS HB 73 was adopted.

On motion of Representative Luetkemeyer, Part II of HCS HB 73 was adopted by the following vote:

AYES: 160

Abel	Adams	Angst	Avery	Baker
Barnitz	Bean	Bearden	Behnen	Bishop
Bivins	Black	Bland	Bough	Bringer
Brooks	Brown	Bruns	Burnett	Byrd
Campbell	Carnahan	Cooper 120	Cooper 155	Corcoran
Crawford	Crowell	Cunningham 145	Cunningham 86	Curls
Darrough	Daus	Davis 122	Davis 19	Deeken
Dempsey	Dethrow	Dixon	Donnelly	Dougherty
Dusenberg	El-Amin	Emery	Engler	Ervin
Fares	Fraser	George	Goodman	Graham
Green	Guest	Hampton	Harris 110	Harris 23
Haywood	Henke	Hilgemann	Hobbs	Holand
Hoskins	Hubbard	Hunter	Icet	Jackson
Jetton	Johnson 47	Johnson 61	Johnson 90	Jolly
Jones	Kelly 144	Kelly 36	King	Kingery
Kratky	Kuessner	Lager	Lembke	LeVota
Liese	Lipke	Lowe	Luetkemeyer	Marsh
May	Mayer	McKenna	Meiners	Merideth
Miller	Moore	Morris	Muckler	Munzlinger
Myers	Nieves	Page	Parker	Pearce
Phillips	Portwood	Pratt	Purgason	Quinn
Ransdall	Rector	Richard	Roark	Ruestman
Rupp	Sager	Salva	Sander	Schaaf
Schlottach	Schneider	Schoemehl	Seigfreid	Selby
Self	Shoemaker	Shoemyer	Skaggs	Smith 118
Smith 14	Spreng	St. Onge	Stefanick	Stevenson
Sutherland	Taylor	Thompson	Threlkeld	Townley
Viebrock	Villa	Vogt	Wagner	Walker
Wallace	Walsh	Walton	Ward	Wasson
Whorton	Wildberger	Willoughby	Wilson 119	Wilson 130
Wilson 25	Wilson 42	Witte	Wood	Wright
Yaeger	Yates	Young	Zweifel	Madam Speaker

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 003

Boykins	Lawson	Reinhart

On motion of Representative Luetkemeyer, HCS HB 73 was ordered perfected and printed.

PERFECTION OF HOUSE BILL - APPROPRIATIONS

HCS HB 15, relating to appropriations, was taken up by Representative Bearden.

Representative Bearden offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 15, Page 2, Section 15.035, Line 5, by deleting “$1,200,000" and inserting in lieu thereof “$800,000" and by adjusting Bill Totals accordingly.

Speaker Pro Tem Jetton assumed the Chair.

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

Representative Bearden offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 15, Page 4, Section 15.090, Line 9, by deleting “$48,711,145" and inserting in lieu thereof “$52,312,635"; and

Further amend said section, Page 5, by deleting Line 14.

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

Representative Riback Wilson (25) offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 15, Section 15.080, by deleting the Lines 3 - 6 and inserting in lieu thereof the following:

“For the purpose of funding community services programs, provided by Community Action Agencies as defined in Sections 660.370 through 660.374 RSMo, including programs to assist the homeless, recipients of general relief, and other low-income families under the provision of the Community Services Block Grant”.

On motion of Representative Riback Wilson (25), House Amendment No. 3 was adopted.

On motion of Representative Bearden, HCS HB 15, as amended, was adopted.

On motion of Representative Bearden, HCS HB 15, as amended, was ordered perfected and printed.

REFERRAL OF HOUSE BILLS - APPROPRIATIONS

The following House Bills were referred to the Committee indicated:

HB 2 - Budget

HB 3 - Budget

HB 4 - Budget

HB 5 - Budget

HB 6 - Budget

HB 7 - Budget

HB 8 - Budget

HB 9 - Budget

HB 10 - Budget

HB 11 - Budget

HB 12 - Budget

RE-REFERRAL OF HOUSE BILL

The following House Bill was re-referred to the Committee indicated:

HB 412 - Rules

COMMITTEE REPORT

Committee on Budget, Chairman Bearden reporting:

Madam Speaker: Your Committee on Budget, to which was referred HCS HB 288 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

MESSAGES FROM THE SENATE

Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 14, entitled:

An act to repeal section 84.510, RSMo, relating to certain police officers, and to enact in lieu thereof one new section relating to the same subject.