Journal of the House

Second Regular Session, 92nd General Assembly

THIRTEENTH DAY, Thursday, January 29, 2004

The House met pursuant to adjournment.

         Speaker Hanaway in the Chair.

         Prayer by Reverend Donald W. Lammers.

          Lord God, Almighty Father, as we begin this morning's session, we recall Your promise to be present to us when we call upon You.

          We know that we are blessed with Your nearness and that we are called together to work for the people. We pray that You will help us respond generously to this opportunity to serve You by serving them.

          Inspire us with Your Spirit of wisdom. Plant the seeds of Your vision in our hearts and minds. Give us humor and give us humility in our working with one another, so that we may experience the fulfillment of helping those who have not the wherewithal to help themselves and of improving the quality of life for all.

          Holy Lord, after this day's work we will return to the warmth of our homes and the love of our families. Protect those who will NOT, especially our men and women in the armed forces. Help them defend the lives of the innocent and lay the foundations of true peace. Bring them safely back to us and to the warmth and love of their homes.

          We pray to You who 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: Vince Markovitz, Hanna Reese, Cy Rautman and China Collins.

         The Journal of the twelfth day was approved as corrected.

SPECIAL RECOGNITION

         The Blue Springs Wildcats Football Team was recognized by Representatives Dusenberg and Pratt and presented a resolution for accomplishing the title of the 2003 Missouri Class 6A State Champions.

HOUSE RESOLUTIONS

         Representatives Emery, Hunter, Sander, Ruestman, Wilson (130), May, Jackson, Smith (14), Lager, Bean, Kingery, Moore, Bough, Wood, Nieves, Icet, Shoemaker, Cunningham (86), Quinn, Davis (19), Purgason, Deeken, Phillips, Munzlinger, Smith (118), Morris, King, Rector, Dougherty, Lembke, Black, Baker, Holand and Stefanick offered House Resolution No. 263.

         Representative Bivins offered House Resolution No. 264.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 234

                     through

House Resolution No. 239 - Representative Lager

House Resolution No. 240

through

House Resolution No. 242 - Representative Portwood

House Resolution No. 243

                     through

House Resolution No. 245 - Representative Goodman

House Resolution No. 246 - Representative Fraser

House Resolution No. 247 - Representative Smith (14)

House Resolution No. 248 - Representative Wagner

         House Resolution No. 249 - Representative Rupp

         House Resolution No. 250 - Representative Dixon

         House Resolution No. 251

                     and

         House Resolution No. 252 - Representative Witte

         House Resolution No. 253

                     and

House Resolution No. 254 - Representatives Schlottach, Thelkeld and Nieves

House Resolution No. 255 - Representative Smith (14)

         House Resolution No. 256 - Representative Kratky

House Resolution No. 257

                     through

House Resolution No. 260 - Representative Crowell

House Resolution No. 261 - Representative Hobbs

House Resolution No. 262 - Representative Bivins

         House Resolution No. 265 - Representatives Dusenberg and Pratt

House Resolution No. 266

                     through

House Resolution No. 271 - Representative Dusenberg

House Resolution No. 272 - Representative Pratt

House Resolution No. 273 - Representative Taylor

HOUSE CONCURRENT RESOLUTIONS

         Representatives Bivins, Engler, Bough, Deeken, Wilson (130), Moore, Sutherland and Luetkemeyer offered House Concurrent Resolution No. 17.

         Representatives Carnahan, Wildberger, Yaeger, Walker, Muckler and Whorton offered House Concurrent Resolution No. 18.

INTRODUCTION OF HOUSE BILLS

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

HB 1307, introduced by Representatives Muckler, Dixon, Villa, Walsh, Darrough, Selby, George, Harris (110), Meiners, Burnett, Spreng, Vogt, Henke, Hubbard, Thompson, Hampton, Kuessner, Haywood, Sanders Brooks, Threlkeld, Deeken, King, Green, Kelly (36), Schaaf, Davis (122), Wagner, Daus, Schoemehl, McKenna, Dougherty, Bringer, Baker, Barnitz, Corcoran, Liese, Yaeger, Salva and Cooper (155), relating to the children's health insurance program.

HB 1308, introduced by Representative Dougherty, relating to local sales taxes for museum and tourism-related activities.

HB 1309, introduced by Representatives Villa, Kratky, El-Amin, Johnson (61), Hubbard, Hoskins and Vogt, relating to taxable tangible personal property assessment lists.

HB 1310, introduced by Representative Byrd, relating to the public service commission.

HB 1311, introduced by Representative Byrd, relating to registration of juvenile sex offenders.

HB 1312, introduced by Representative Byrd, relating to the right to civil action for unlawful discriminatory practices.

HB 1313, introduced by Representatives Jetton, Jackson, Baker, Crowell, Lager, Cooper (120), Sutherland, Behnen, Page and Sager, relating to pupil/teacher ratios.

HB 1314, introduced by Representatives Jetton, Jackson, Baker, Pearce, Crowell, Sutherland, Behnen, Page, Lager, Cooper (120) and Sager, relating to higher education scholarships.

HB 1315, introduced by Representative Dempsey, relating to the state board of education.

HB 1316, introduced by Representatives Kelly (36), Davis (122), Muckler, Bean and Moore, relating to retirement for state employees.

HB 1317, introduced by Representatives Kingery, Pratt, Whorton, Quinn, Sager, Luetkemeyer, Kelly (36) and Carnahan, relating to special license plates for Boy Scouts.

HB 1318, introduced by Representatives Schaaf, Cooper (155) and Bland, relating to lead testing.

HB 1319, introduced by Representatives Deeken, Campbell, Lowe, Meiners, Bishop, Jolly, Young, Skaggs, Walker, Phillips and Curls, relating to candidate filing dates in certain cities.

HB 1320, introduced by Representatives Walker, Harris (110), Johnson (47), Villa, Daus, Baker, Vogt and Sanders Brooks, relating to tax increment financing.

HB 1321, introduced by Representative Schaaf, relating to neighborhood improvement districts.

HB 1322, introduced by Representative Davis (122), relating to eligible pupil counts for summer school and kindergarten.

HB 1323, introduced by Representatives Walsh, Lowe, Darrough, Henke, Corcoran, Seigfreid, Davis (122), George, Jones, Shoemaker, Johnson (90), Taylor, Moore, Miller, Skaggs, Spreng, Bean, King, Wildberger, Purgason, Holand, Walton, Muckler, Green, Page, Johnson (61), Meiners, Kratky, Vogt, Whorton and Salva, relating to department of mental health facilities.

HB 1324, introduced by Representatives Selby and Nieves, relating to municipal transient guest taxes.

HB 1325, introduced by Representatives Schlottach, Bruns, Deeken, Witte, Engler, Hubbard, Dusenberg and Curls, relating to state employee donation of accrued annual leave.

HB 1326, introduced by Representatives Hobbs, Pearce, Riback Wilson (25) and Kelly (144), relating to regional recreation districts.

HB 1327, introduced by Representatives St. Onge, Icet, Reinhart, Smith (118), Dempsey, Munzlinger, Ervin, Wasson and Byrd, relating to design-build.

HB 1328, introduced by Representatives St. Onge, Whorton, Icet, Engler and Bivins, relating to the powers and duties of the Missouri high voltage electrical industry licensing board.

HB 1329, introduced by Representatives Wilson (130), Ruestman, Richard, Stevenson, Kelly (144), Hunter, Hobbs, Nieves, Rupp, Smith (118) and Jackson, relating to impounding vehicles.

HB 1330, introduced by Representatives Witte, Bringer, Sager, Jolly, Deeken, Dixon, Hobbs, Schlottach, Quinn, Moore, Brown and Burnett, relating to sex offenders.

HB 1331, introduced by Representatives Jackson, Emery, Sander, Lembke, Wood, Nieves, Morris and Schlottach, relating to school facilities.

HB 1332, introduced by Representatives Jackson and Nieves, relating to lapse of district corporate organization.

HB 1333, introduced by Representatives Jackson, Lembke and Wood, relating to the counting of pupils for school aid.

HB 1334, introduced by Representative Davis (19), relating to midwifery.

HB 1335, introduced by Representatives Hilgemann, Jones, Johnson (47) and Fraser, relating to special license plates.

HB 1336, introduced by Representatives Ervin, Deeken, Hobbs, Wilson (119), Sander, Munzlinger, Smith (118), Reinhart and Skaggs, relating to immunity from civil liability for certain landowners.

HB 1337, introduced by Representatives Nieves, Icet, Hobbs, Rupp, Selby, Lipke, Goodman, Wallace, Myers, Lembke, Richard, Bearden, King, Deeken, Cunningham (86), Ruestman, Portwood, Wasson, Schaaf, Purgason, Byrd, Self, Wood, Moore, Wilson (130), Pearce, Davis (19), Smith (14), Stevenson, Angst, Luetkemeyer, Sander, Lager, Brown, May, Ervin, Munzlinger, Quinn, Emery, Wilson (119), Reinhart, Phillips, Dusenberg, Bivins, Dempsey, Dethrow, Rector, Engler, Jetton, Bough, Cunningham (145), Smith (118), Jackson, Cooper (120), Hunter, Townley, Behnen, Crowell, Schlottach, Miller, St. Onge and Bruns, relating to official state language.

HB 1338, introduced by Representatives Wood, Wallace, Bearden, Viebrock, Luetkemeyer, Dixon, Taylor, Cunningham (145), Stevenson, Wright, Hanaway, Goodman, Jackson, Sander, Burnett, Smith (118), Behnen, Kratky, Kuessner, Morris, Threlkeld, Deeken, Lager, Marsh, Roark, May, Johnson (90), Yaeger, Walsh, Salva, Harris (23) and Henke, relating to the buyers club law.

HB 1339, introduced by Representatives Cunningham (86), Lembke, Phillips, Muckler, Ervin, Villa, Harris (110), Kelly (36), Baker and Hanaway, relating to consent to abortion.

HB 1340, introduced by Representatives Willoughby, Burnett, Bough and Sager, relating to gas safety penalties.

HB 1341, introduced by Representatives Bruns, Bishop and Wildberger, relating to workers' compensation.

HB 1342, introduced by Representatives Bruns, Bishop and Wildberger, relating to torts and action for damages.

HB 1343, introduced by Representative Goodman, relating to the tobacco master settlement agreement.

HB 1344, introduced by Representatives Brown, Quinn, Yates, Cooper (120), Ervin, Threlkeld, Sutherland, Stefanick, Icet, Baker, Schneider, Lembke, Engler, Jolly, Bringer, Meiners, Dougherty, Witte and Davis (122), relating to endangering the welfare of a child in the first degree.

HB 1345, introduced by Representatives Ward, Crawford, Parker, Yates, Wildberger and Hampton, relating to unauthorized use of traffic signal preemption systems.

HB 1346, introduced by Representatives Jetton, Crowell, Self, Crawford, Hobbs, Sander, Hunter, Ruestman, Emery, Lembke, Sutherland, Jackson, Angst, Cunningham (145), Wasson, Quinn and Kelly (144), relating to claims for damages for injuries to the person.

HB 1347, introduced by Representative Jetton, relating to the state library.

HB 1348, introduced by Representatives Walker, Villa, Riback Wilson (25) and Lowe, relating to the use of marijuana for medicinal purposes.

SECOND READING OF HOUSE BILLS

         HB 1286 through HB 1306 were read the second time.

THIRD READING OF HOUSE BILL

         HB 969, relating to income tax: intangible property, was taken up by Representative Cooper (120).

         Representative Johnson (90) moved that HB 969 be recommitted to the Committee on Budget for fiscal review.

         The Chair ruled the motion not timely.

         On motion of Representative Cooper (120), HB 969 was read the third time and passed by the following vote:

         Speaker Hanaway declared the bill passed.

COMMITTEE REPORTS

         Committee on Agriculture, Chairman Myers reporting:

         Madam Speaker: Your Committee on Agriculture, to which was referred HB 980, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

         Madam Speaker: Your Committee on Agriculture, to which was referred HB 1177, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

         Madam Speaker: Your Committee on Agriculture, to which was referred HB 1182, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

         Committee on Education, Chairman Cunningham (86) reporting:

         Madam Speaker: Your Committee on Education, to which was referred HB 1041, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

         Committee on Judiciary, Chairman Byrd reporting:

         Madam Speaker: Your Committee on Judiciary, to which was referred HB 994, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

REFERRAL OF HOUSE RESOLUTION

         The following House Resolution was referred to the Committee indicated:

HR 196 - Rules

REFERRAL OF HOUSE CONCURRENT RESOLUTION

         The following House Concurrent Resolution was referred to the Committee indicated:

HCR 16 - Job Creation and Economic Development

REFERRAL OF HOUSE JOINT RESOLUTIONS

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

HJR 35 - Conservation and Natural Resources

HJR 36 - Transportation and Motor Vehicles

REFERRAL OF HOUSE BILLS

         The following House Bills were referred to the Committee indicated:

HB 764 - Crime Prevention and Public Safety

HB 765 - Tax Policy

HB 766 - Communications, Energy and Technology

HB 767 - Education

HB 768 - Crime Prevention and Public Safety

HB 769 - Children and Families

HB 783 - Education

HB 816 - Education

HB 817 - Education

HB 818 - Financial Services

HB 826 - Transportation and Motor Vehicles

HB 828 - Financial Services

HB 830 - Transportation and Motor Vehicles

HB 831 - Transportation and Motor Vehicles

HB 838 - Small Business

HB 840 - Education

HB 842 - Local Government

HB 843 - Local Government

HB 844 - Workforce Development and Workplace Safety

HB 847 - Agriculture

HB 851 - Education

HB 853 - Education

HB 854 - Education

HB 856 - Tax Policy

HB 858 - Crime Prevention and Public Safety

HB 859 - Tax Policy

HB 862 - Conservation and Natural Resources

HB 863 - Crime Prevention and Public Safety

HB 873 - Health Care Policy

HB 874 - Transportation and Motor Vehicles

HB 876 - Judiciary

HB 877 - Financial Services

HB 878 - Children and Families

HB 880 - Local Government

HB 881 - Tax Policy

HB 885 - Workforce Development and Workplace Safety

HB 896 - Corrections and State Institutions

HB 900 - Elections

HB 902 - Tax Policy

HB 910 - Tax Policy

HB 913 - Local Government

HB 915 - Children and Families

HB 917 - Crime Prevention and Public Safety

HB 918 - Crime Prevention and Public Safety

HB 919 - Crime Prevention and Public Safety

HB 920 - Judiciary

HB 925 - Crime Prevention and Public Safety

HB 931 - Crime Prevention and Public Safety

HB 934 - Tax Policy

HB 935 - Education

HB 936 - Financial Services

HB 937 - Transportation and Motor Vehicles

HB 963 - Health Care Policy

HB 966 - Transportation and Motor Vehicles

HB 983 - Crime Prevention and Public Safety

HB 984 - Crime Prevention and Public Safety

HB 987 - Health Care Policy

HB 990 - Financial Services

HB 993 - Senior Security

HB 995 - Transportation and Motor Vehicles

HB 996 - Transportation and Motor Vehicles

HB 997 - Senior Security

HB 998 - Professional Registration and Licensing

HB 999 - Crime Prevention and Public Safety

HB 1026 - Transportation and Motor Vehicles

HB 1027 - Financial Services

HB 1029 - Transportation and Motor Vehicles

HB 1031 - Crime Prevention and Public Safety

HB 1032 - Tax Policy

HB 1039 - Elections

HB 1044 - Professional Registration and Licensing

HB 1051 - Financial Services

HB 1054 - Transportation and Motor Vehicles

HB 1058 - Small Business

HB 1067 - Tax Policy

HB 1068 - Budget

HB 1070 - Local Government

HB 1075 - Crime Prevention and Public Safety

HB 1078 - Crime Prevention and Public Safety

HB 1080 - Transportation and Motor Vehicles

HB 1086 - Education

HB 1088 - Financial Services

HB 1095 - Local Government

HB 1099 - Tax Policy

HB 1101 - Elections

HB 1102 - Education

HB 1103 - Crime Prevention and Public Safety

HB 1109 - Transportation and Motor Vehicles

HB 1110 - Crime Prevention and Public Safety

HB 1114 - Transportation and Motor Vehicles

HB 1115 - Judiciary

HB 1120 - Children and Families

HB 1124 - Financial Services

HB 1126 - Agriculture

HB 1128 - Local Government

HB 1131 - Financial Services

HB 1132 - Tourism and Cultural Affairs

HB 1134 - Workforce Development and Workplace Safety

HB 1135 - Transportation and Motor Vehicles

HB 1136 - Health Care Policy

HB 1138 - Education

HB 1139 - Children and Families

HB 1142 - Transportation and Motor Vehicles

HB 1143 - Judiciary

HB 1145 - Retirement

HB 1146 - Judiciary

HB 1147 - Education

HB 1148 - Judiciary

HB 1149 - Transportation and Motor Vehicles

HB 1150 - Elections

HB 1151 - Health Care Policy

HB 1152 - Homeland Security and Veterans Affairs

HB 1153 - Crime Prevention and Public Safety

HB 1157 - Transportation and Motor Vehicles

HB 1159 - Financial Services

HB 1161 - Local Government

HB 1162 - Local Government

HB 1163 - Local Government

HB 1164 - Tax Policy

HB 1166 - Local Government

HB 1167 - Transportation and Motor Vehicles

HB 1168 - Crime Prevention and Public Safety

HB 1169 - Financial Services

HB 1178 - Judiciary

HB 1179 - Judiciary

HB 1183 - Crime Prevention and Public Safety

HB 1188 - Judiciary

HB 1195 - Professional Registration and Licensing

HB 1196 - Professional Registration and Licensing

HB 1198 - Financial Services

HB 1201 - Transportation and Motor Vehicles

HB 1202 - Transportation and Motor Vehicles

HB 1205 - Judiciary

HB 1209 - Conservation and Natural Resources

HB 1210 - Tax Policy

HB 1212 - Tax Policy

HB 1215 - Crime Prevention and Public Safety

HB 1276 - Conservation and Natural Resources

HB 1277 - Conservation and Natural Resources

HB 1278 - Financial Services

HB 1290 - Tax Policy

HB 1304 - Judiciary

         The following member's presence was noted: Graham.

ADJOURNMENT

         On motion of Representative Crowell, the House adjourned until 4:00 p.m., Monday, February 2, 2004.

CORRECTIONS TO THE HOUSE JOURNAL

         Correct House Journal, Twelfth Day, Wednesday, January 28, 2004, page 155, roll call, by showing Representative Salva voting "aye" rather than "absent with leave".

AFFIDAVIT

I, State Representative Ronnie Miller, District 133, hereby state and affirm that my vote as recorded on Page 155 of the House Journal for Wednesday, January 28, 2004 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 29th day of January 2004.

                                                                                  /s/ Ronnie Miller

                                                                                       State Representative

State of Missouri            )

                                       ) ss.

County of Cole               )

Subscribed and sworn to before me this 29th day of January in the year 2004.

                                                                                  /s/ Stephen S. Davis

                                                                                       Chief Clerk

COMMITTEE MEETINGS

APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Tuesday, February 3, 2004. 8:00 a.m. Hearing Room 4.

Testimony from the Department of Conservation and the Department of Agriculture.

APPROPRIATIONS - EDUCATION

Tuesday, February 3, 2004. 8:00 a.m. Hearing Room 1.

Testimony from the Department of Education and the Coordinating Board of Higher Education.

Committee will possibly reconvene at 2:30 p.m.

APPROPRIATIONS - GENERAL ADMINISTRATION

Monday, February 2, 2004. 2:00 p.m. Hearing Room 7.

Department of Revenue.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, February 3, 2004. 8:15 a.m. Hearing Room 5.

Testimony from the Department of Economic Development.

COMMUNICATIONS, ENERGY AND TECHNOLOGY

Tuesday, February 3, 2004. Hearing Room 3 upon morning adjournment.

Executive Session may follow.

Public hearings to be held on: HB 1241, HB 1156, HB 1303

ELECTIONS

Tuesday, February 3, 2004. 5:00 p.m. Hearing Room 7.

Public hearing to be held on: HB 1091

FINANCIAL SERVICES

Tuesday, February 3, 2004. 12:00 p.m. Hearing Room 6.

Public hearings to be held on: HB 959, HB 1278

Executive Session will be held on: HB 959

JUDICIARY

Wednesday, February 4, 2004. 12:00 p.m. Hearing Room 1.

Hearing may be continued later in the day if needed.

Public hearing to be held on: HB 1304

PROFESSIONAL REGISTRATION AND LICENSING

Tuesday, February 3, 2004, 12:00 p.m. Hearing Room 4.

Educational session regarding Optometrists and Opthamologists will be held.

Possible Executive Session on HB 869, HB 955. AMENDED

Public hearing to be held on: HB 792

SMALL BUSINESS

Monday, February 2, 2004. 2:00 p.m. Hearing Room 5.

Executive Session may follow.

Public hearing to be held on: HB 978

SPECIAL COMMITTEE ON URBAN ISSUES

Tuesday, February 3, 2004. 6:00 p.m. Hearing Room 2.

Public hearing to be held on: HB 785

Executive Session will be held on: HB 1074, HB 1129, HCR 8

HOUSE CALENDAR

FOURTEENTH DAY, MONDAY, FEBRUARY 2, 2004

HOUSE BILLS FOR SECOND READING

HB 1307 through HB 1348

HOUSE JOINT RESOLUTION FOR PERFECTION

HCS HJR 28 - Roark (139)

HOUSE BILLS FOR PERFECTION

1       HCS HB 946, 1106 & 952 - Crawford (117)

2       HCS HB 1105, 1062, 1111, 1113 & 1119 - Crawford (117)

3       HCS HB 950 & 948 - Mayer (159)

4       HCS HB 980 - Myers (160)

5       HCS HB 1182 - Munzlinger (1)

6       HCS HB 1177 - Guest (5)

7       HCS HB 1041 - Cunningham (86)

HOUSE BILL FOR PERFECTION - CONSENT

 (2/02/04)

HB 994 - Cunningham (145)

HOUSE RESOLUTIONS

1       HR 4, (1-22-04, Page 124) - Lembke (85)

2       HR 120, (1-22-04, Pages 124-128) - Crowell (158)