Journal of the House

Second Regular Session, 92nd General Assembly

SIXTEENTH DAY, Wednesday, February 4, 2004

The House met pursuant to adjournment.

         Representative Angst in the Chair.

         Prayer by Reverend James Earl Jackson.

          Heavenly Father, in Your Word, You have said, "Where there is no guidance the people fall, but in the abundance of counselors there is victory." So we fall not, for we seek much counsel from You.

          May You give us, by Your grace, unending encouragement and unfailing hope. May You inspire us with courage and confidence in every good thing we say or do.

          Where there is stress and anxiety, we ask for peace and rest. We may make our plans, but we ask You to direct our hearts.

          Now may the grace of our Lord and the love of God be with us all.

          In Your Son's name we pray. Amen.

         The Pledge of Allegiance to the flag was recited.

         The Speaker appointed the following to act as an Honorary Page for the Day, to serve without compensation: Malcom Nolan Fares.

         The Journal of the fifteenth day was approved as printed by the following vote:

HOUSE RESOLUTIONS

         Representatives Black and Lowe offered House Resolution No. 372.

         Representative Henke, et al, offered House Resolution No. 390.

         Representative Wilson (42), et al, offered House Resolution No. 392.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 373 - Representative Skaggs

House Resolution No. 374 - Representatives LeVota and Skaggs

House Resolution No. 375 - Representative Witte

House Resolution No. 376 - Representative Hobbs

         House Resolution No. 377

                     through

         House Resolution No. 385 - Representative Kingery

         House Resolution No. 386 - Representative Wilson (130)

House Resolution No. 387 - Representative Lager

House Resolution No. 388 - Representatives Guest and Lager

House Resolution No. 389 - Representative Lager

House Resolution No. 391 - Representative Wagner

House Resolution No. 393

                     and

House Resolution No. 394 - Representative Riback Wilson (25)

House Resolution No. 395 - Representative Witte

INTRODUCTION OF HOUSE BILLS

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

HB 1369, introduced by Representatives Jetton and Crowell, relating to civil actions for damages.

HB 1370, introduced by Representatives Dempsey, Cooper (120), Hanaway, Bearden, Smith (14), Jetton, Pearce and Sutherland, relating to tax credit accountability.

HB 1371, introduced by Representatives Dempsey, Portwood, Hanaway, Rupp, Smith (14), Stefanick, Walton, Dougherty, Willoughby, Schlottach, Dixon, Jetton, St. Onge and Reinhart, relating to the Missouri homestead preservation act.

HB 1372, introduced by Representatives Skaggs, Kelly (36), Daus, LeVota, Henke, Zweifel, Barnitz, Bishop, Sager, Abel, Walsh, Selby, Swinger, Hubbard and Hoskins, relating to license plates.

HB 1373, introduced by Representative Haywood, relating to retirement for state employees.

HB 1374, introduced by Representatives Crawford, Rector, Muckler, Sutherland, Moore, Reinhart, Cunningham (86), Sander, Wilson (130), Jetton, Hanaway, McKenna, Threlkeld, Icet, Crowell, Kuessner, Kingery, Bivins, Henke, Engler and Black, relating to the state's policy of protection of human life.

HB 1375, introduced by Representatives Crawford, Sander and Jetton, relating to the agricultural production contract code.

HB 1376, introduced by Representatives Ward, Harris (23), Barnitz, Hampton, Carnahan, Wildberger, Yaeger and Kuessner, relating to controlled substances.

HB 1377, introduced by Representatives Sutherland, Smith (118), Johnson (47) and Brown, relating to expenses of county planning commissions.

SECOND READING OF HOUSE JOINT RESOLUTION

         HJR 49 was read the second time.

SECOND READING OF HOUSE BILLS

         HB 1356 through HB 1368 were read the second time.

         Speaker Hanaway assumed the Chair.

PERFECTION OF HOUSE BILL

         HCS HB 1177, as amended, relating to concentrated animal feeding operations, was taken up by Representative Guest.

         Representative Guest offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1177, Section 640.710, Pages 3 and 4, Lines 40 to 43, by deleting all of said lines and inserting in lieu thereof the following:

          "Provided however, local governing bodies may impose controls more restrictive than the provisions of sections 640.703 to 640.758 if prior to imposing more restrictive controls, the local governing body shall seek and receive a recommendation from the respective soil and water conservation district board. Such recommendation shall be based on peer-reviewed scientific and economic data that clearly documents the geological, environmental, and economic impact of the more restrictive controls. If no recommendation is received from the respective soil and water conservation district board within one hundred eighty days, the local governing body may impose the more restrictive controls."; and

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

         Representative Angst resumed the Chair.

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

         Representative Wood offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 1177, Page 2, Section 640.703, Line 15, by inserting immediately after the figure “2003" the following:

          “except that the quantity referring to chickens in 40 CFR 122.23(b)(4)(x) shall be one hundred thousand”; and

          Further amend said bill, Page 2, Section 640.703, Line 29, by inserting immediately after the figure “2003" the following:

          “except that the quantity referring to chickens in 40 CFR 122.23(b)(6)(i)(J) shall be thirty thousand to ninety-nine thousand nine hundred ninety-nine”; and

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

         Representative Stevenson offered House Amendment No. 1 to House Amendment No. 3.

House Amendment No. 1

to

House Amendment No. 3

AMEND House Amendment No. 3 to House Committee Substitute for House Bill No. 1177, Line 5, by inserting immediately after “(X)” the following: “for the purposes of sections 680.703 to 680.758; and

          Further amend said amendment, Line 9, by inserting immediately after “(J)” the following: “for purposes of sections 640.703 to 640.758".

         On motion of Representative Stevenson, House Amendment No. 1 to House Amendment No. 3 was adopted.

         On motion of Representative Wood, House Amendment No. 3, as amended, was adopted by the following vote:

         Speaker Pro Tem Jetton assumed the Chair.

         Representative Dempsey offered House Amendment No. 4.

         Representative Goodman raised a point of order that House Amendment No. 4 goes beyond the scope of the bill.

         The Chair ruled the point of order well taken.

         HCS HB 1177, as amended, was laid over.

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

AFTERNOON SESSION

         The hour of recess having expired, the House was called to order by Representative Angst.

HOUSE RESOLUTION

         Representatives Bruns and Deeken offered House Resolution No. 397.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

         House Resolution No. 396 - Representative Cooper (155)

         House Resolution No. 398 - Representative Icet

         House Resolution No. 399 - Representative Dethrow

         House Resolution No. 400

                     through

House Resolution No. 402 - Representative Hunter

         House Resolution No. 403 - Representative Rupp

         House Resolution No. 404

                     and

House Resolution No. 405 - Representative Lager

House Resolution No. 406 - Representative Hilgemann

INTRODUCTION OF HOUSE BILLS

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

HB 1378, introduced by Representatives Pearce, Davis (122), Seigfreid, Lager, Dixon, Bishop, Stefanick and Dempsey, relating to the no-call list.

HB 1379, introduced by Representatives Johnson (47), Guest and Wildberger, relating to the rehabilitation of certain offenders.

HB 1380, introduced by Representatives Lager, Wasson, Jetton, Cunningham (86), Wallace, Baker, Bivins, Stevenson, Wilson (130), Bearden, Guest, Dempsey, Wilson (119), Schlottach, Reinhart, Crowell, Portwood, Dusenberg, Brown, Behnen, Munzlinger, Byrd, Bruns, Deeken, Lipke, Rupp, Goodman, Richard, Sutherland, Angst, Smith (118), Cunningham (145), Bough, Self, Quinn, Kelly (144), Phillips, Sander, Ervin, Emery, May, Davis (122), Bean, Threlkeld, Kingery, Hobbs, Yates, Roark, Dixon, Black, Ruestman, Mayer, Myers, Pearce, Stefanick, Dethrow, Wood, Morris, Moore, Rector, Hanaway, Townley, Barnitz, King, Schaaf, Taylor, Wright, Purgason, Wagner, Lawson, Campbell, Nieves, Willoughby, Wildberger, Skaggs, Kratky, Kuessner, Shoemyer, Ransdall, Hampton, Pratt, Icet, Cooper (155), Luetkemeyer, Smith (14), LeVota and Parker, relating to state aid for schools.

HB 1381, introduced by Representatives Jackson, Jetton, Baker, Dusenberg, Brown and Bough, relating to veterans' outreach and education programs.

HB 1382, introduced by Representatives Jackson, Jetton, Brown, Baker, Dusenberg and Bough, relating to the veterans' historical education trust fund.

HB 1383, introduced by Representatives Townley and Brown, relating to sewer companies.

HB 1384, introduced by Representatives Sanders Brooks, Kelly (36), Byrd, Curls, Salva, Wilson (42), Jolly, Parker, Hubbard, Johnson (61), Bishop, Johnson (90), Curls, Ward and Hoskins, relating to records.

HB 1385, introduced by Representatives Dixon, Bough, Wood, Schneider, Cunningham (86), Lembke, Witte, Wilson (130), Ruestman, Viebrock, Sutherland, Dempsey, Yates, Luetkemeyer, Parker, Icet, Wright, Morris, Roark, Threlkeld, Marsh, Jolly, Wilson (42), Mayer, Nieves, Bruns, Burnett, Corcoran, Dusenberg, Kelly (36), Kelly (144), Kuessner, Sander, St. Onge, Swinger, Bivins, Muckler and Stefanick, relating to abuse of authority over a child.

HB 1386, introduced by Representatives Dixon, Bough, Jolly, Wood, Schneider, Lembke, Wildberger, Witte, Wilson (130), Ruestman, Viebrock, Sutherland, Dempsey, Yates, Luetkemeyer, Parker, Icet, Wright, Morris, Roark, Threlkeld, Marsh, Mayer, Nieves, Bruns, Burnett, Dusenberg, Kelly (36), Kelly (144), Sander, St. Onge, Swinger, Bivins and Muckler, relating to prior, persistent, and predatory sexual offenders.

HB 1387, introduced by Representatives Dixon, Bough, Jolly, Wood, Schneider, Lembke, Bean, Wildberger, Witte, Wilson (130), Ruestman, Viebrock, Sutherland, Yates, Luetkemeyer, Parker, Icet, Wright, Morris, Roark, Threlkeld, Marsh, Bringer, Wilson (42), Mayer, Nieves, Bruns, Burnett, Dusenberg, Goodman, Kelly (36), Kelly (144), Sander, St. Onge, Swinger, Bivins and Stefanick, relating to sex offender registration.

HB 1388, introduced by Representatives Dixon, Bough, Wood, Schneider, Jolly, Lembke, Wildberger, Witte, Wilson (130), Ruestman, Viebrock, Sutherland, Yates, Luetkemeyer, Parker, Icet, Wright, Morris, Roark, Threlkeld, Marsh, Nieves, Bruns, Burnett, Dusenberg, Goodman, Kelly (36), Kelly (144), Sander, St. Onge, Swinger, Bivins and Stefanick, relating to sex offender registration.

HB 1389, introduced by Representatives Dixon, Cunningham (86), Jolly, Ruestman, Bough, Wood, Schneider, Lembke, Wildberger, Witte, Viebrock, Sutherland, Yates, Luetkemeyer, Parker, Icet, Wright, Morris, Roark, Threlkeld, Marsh, Bringer, Nieves, Bruns, Burnett, Dusenberg, Kelly (36), Kelly (144), St. Onge, Swinger, Bivins and Stefanick, relating to sexual offenders.

HB 1390, introduced by Representatives Dixon, Bough, Cooper (120), Wood, Schneider, Lembke, Witte, Wilson (130), Ruestman, Viebrock, Sutherland, Yates, Luetkemeyer, Parker, Icet, Wright, Morris, Roark, Threlkeld, Marsh, Selby, Nieves, Bruns, Corcoran, Dusenberg, Kelly (36), Kelly (144), Kuessner, Sander, St. Onge, Swinger, Bivins, Stefanick and Lipke, relating to expenses and costs of commitment to a county jail.

HB 1391, introduced by Representatives Dixon, Ruestman, Bough, Wood, Schneider, Lembke, Witte, Wilson (130), Viebrock, Sutherland, Yates, Luetkemeyer, Parker, Icet, Wright, Morris, Roark, Threlkeld, Marsh, Nieves, Bruns, Corcoran, Dusenberg, Kelly (36), Kelly (144), Kuessner, Sander, St. Onge, Swinger, Bivins, Stefanick and Lipke, relating to escape.

HB 1392, introduced by Representatives Dixon, Bough, Wood, Schneider, Witte, Wilson (130), Ruestman, Viebrock, Sutherland, Dempsey, Yates, Luetkemeyer, Parker, Icet, Wright, Morris, Roark, Threlkeld, Marsh, Nieves, Bruns, Corcoran, Dusenberg, Goodman, Kelly (36), Kelly (144), Kuessner, Sander, St. Onge, Swinger, Bivins and Lipke, relating to a Missouri state highway patrol web page.

HB 1393, introduced by Representatives Dixon, Bough, Wood, Schneider, Witte, Wilson (130), Ruestman, Viebrock, Sutherland, Yates, Luetkemeyer, Parker, Icet, Wright, Morris, Threlkeld, Marsh, Nieves, Bruns, Corcoran, Dusenberg, Kelly (36), Kelly (144), Kuessner, Sander, St. Onge, Swinger and Bivins, relating to court costs.

HB 1394, introduced by Representatives Dixon, Ruestman, Bough, Wood, Schneider, Witte, Wilson (130), Viebrock, Sutherland, Yates, Luetkemeyer, Parker, Icet, Wright, Morris, Roark, Threlkeld, Marsh, Nieves, Bruns, Dusenberg, Kelly (36), Kelly (144), Kuessner, St. Onge, Swinger and Bivins, relating to sex offender registration.

HB 1395, introduced by Representatives Cunningham (86) and Stefanick, relating to property taxation.

HB 1396, introduced by Representatives Cunningham (86) and Sander, relating to the visibility of street addresses.

HB 1397, introduced by Representatives Wilson (130), Hunter, Cunningham (86), Ruestman, Richard, Emery, Munzlinger, Kelly (144), Nieves, Portwood, Jetton, Sutherland, Angst, Phillips, Smith (118), Jackson, Self, Threlkeld, Crowell, Dempsey, Wasson, King, Bivins, Wallace, Wilson (119), Dusenberg, Schlottach, Myers, Black, Bearden, Brown, Morris, Schaaf, Reinhart, Marsh, Wright, Roark, Cooper (120), Hobbs, Lager, Dixon, Dethrow, Cunningham (145), Quinn, Taylor, Engler, Kingery, Icet, Deeken, May, Rector, Rupp, Baker, Wood, Purgason, Davis (19), Stefanick, Viebrock, Luetkemeyer, Ervin, Behnen, Sander, Pearce, Johnson (47), Guest, Bough, Pratt, Yates and Cooper (155), relating to workers' compensation.

PERFECTION OF HOUSE BILL

         HCS HB 1177, as amended, relating to concentrated animal feeding operations, was again taken up by Representative Guest.

         On motion of Representative Guest, HCS HB 1177, as amended, was adopted by the following vote:

         On motion of Representative Guest, HCS HB 1177, as amended, was ordered perfected and printed.

HOUSE RESOLUTION

         HR 120, relating to the Rules of the House, was taken up by Representative Crowell.

         Representative Crowell offered HS HR 120.

         Representative LeVota offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Resolution No. 120, Page 10, Rule 45 (g), Line 24, by inserting immediately after said line the following:

          “6. No appropriation bill will make appropriations in a single lump-sum amount to any one executive department, except as provided by the constitution.”.

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

         Which motion was defeated by the following vote:

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

House Amendment No. 2

AMEND House Substitute for House Resolution No. 120, Page 7, Lines 12 through 23, by deleting all of said lines and inserting in lieu thereof the following:

“Committee Hearings

Rule 27. A bill must be assigned to the committee before the Chairman posts notice that the bill will be heard. All bills referred to committees shall be considered by giving the author, the proponents and the opponents a reasonable opportunity to be heard. A committee chair shall not restrict the length of testimony of any witness nor the length of questioning of any witness by a committee member except that the "15 minute rule" shall apply. At the Chair's discretion, the "15 minute rule" may be extended. The "15 minute rule" may only be shortened by the unanimous consent of the committee members present when such waiver is proposed. Persons addressing the committee shall keep their remarks to the point and avoid repetition and are subject to call to order by the chair for failure to do so. The time limits set forth in this rule shall apply to witnesses as well as members.”.

         Speaker Pro Tem Jetton resumed the Chair.

         Speaker Hanaway resumed the Chair.

         Representative Harris (23) moved that House Amendment No. 2 be adopted.

         Which motion was defeated by the following vote:

         Representative Donnelly offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Resolution No. 120, Page 7, Section 27, Line 23, by deleting the period at the end of said line and inserting at the end of said line the following:

          “, provided, however, that the time allowed proponents and opponents shall be substantially equal.”.

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

         Which motion was defeated by the following vote:

         Representative Witte offered House Amendment No. 4.

         Representative Crowell raised a point of order that House Amendment No. 4 is dilatory.

         The Chair ruled the point of order well taken.

         Representative Seigfreid offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Resolution No. 120, Page 3, Rule 25(9)(b), Line 36, by inserting immediately after the “.” on said line the following: “Prior to the Speaker restating the motion before the house the Speaker shall open the pending measure for discussion.”.

         Representative Ransdall offered House Substitute Amendment No. 1 for House Amendment No. 5.

House Substitute Amendment No. 1

for

House Amendment No. 5

AMEND House Substitute for House Resolution No. 120, Page 3, Rule 25(9)(b), Lines 15 through 17, by deleting all of said lines and insert in lieu thereof the following:

          “Committee on Budget. Such motion shall only be timely for a House Bill after the bill has been ordered perfected & printed. The primary sponsor or, in the case of Senate Bill, the floor handler, of a”.

         Representative Ransdall moved that House Substitute Amendment No. 1 for House Amendment No. 5 be adopted.

         Which motion was defeated by the following vote:

         Representative Seigfreid moved that House Amendment No. 5 be adopted.

         Which motion was defeated.

         Representative Johnson (90) offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Resolution No. 120, Page 1, Line 5, by inserting after the number "53," the number "72"; and

          Further amend said resolution, Page 11, Line 3, by inserting after said line the following:

“Previous Question

Rule 72. Any member may move the previous question[.] , provided that a member of the majority and minority caucuses have been recognized to speak on the question under consideration. The motion shall be restated by the Speaker in this form: "Shall the question under immediate consideration be now put?" It may be moved like any other question but it shall only prevail when supported by a constitutional majority and until decided shall preclude amendments and debate. If the motion is sustained, the proponent of the matter under consideration shall be allowed one minute in which to make a closing statement before the House votes on the question. A failure to sustain the motion shall not take the matter under consideration from further consideration of the House; but the House shall proceed as if the motion had not been made.”.

         Representative Johnson (90) moved that House Amendment No. 6 be adopted.

         Which motion was defeated by the following vote: