Journal of the House


Second Regular Session, 92nd General Assembly




TWENTY-FIRST DAY, Thursday, February 12, 2004

 

The House met pursuant to adjournment.


            Speaker Hanaway in the Chair.


            Prayer by Reverend Donald W. Lammers.


              (This prayer is attributed to Abraham Lincoln. Let it be our prayer this morning.)


              God bless our native land; firm may she ever stand through storm and night; when the wild tempests rave, O Ruler of wind and wave, Thou Who art strong to save, be Thou her might!


              For her our prayer shall be, our father's God, to Thee, on whom we wait; be her walls, holiness - her rulers righteousness, in all her homes be peace, God save the state!


              Not for this land alone, but be God's mercies shown from shore to shore and may the nations see that men should brothers be, and form one family the wide-world o'er. Amen.


            The Pledge of Allegiance to the flag was recited.


            The Journal of the twentieth day was approved as corrected by the following vote:


AYES: 152

 

 

 

 

 

 

 

 

 

Abel

Angst

Baker

Barnitz

Bean

Bearden

Behnen

Bishop

Bivins

Black

Bland

Bough

Bringer

Brooks

Brown

Bruns

Burnett

Byrd

Campbell

Cooper 120

Cooper 155

Corcoran

Crawford

Crowell

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis 122

Davis 19

Deeken

Dempsey

Dethrow

Dixon

Dougherty

Dusenberg

El-Amin

Emery

Engler

Ervin

Fares

Fraser

George

Goodman

Graham

Green

Guest

Hampton

Harris 110

Harris 23

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

Marsh

May

Mayer

McKenna

Meadows

Meiners

Miller

Moore

Morris

Muckler

Munzlinger

Myers

Nieves

Page

Parker

Pearce

Phillips

Portwood

Pratt

Purgason

Quinn

Ransdall

Rector

Reinhart

Richard

Roark

Ruestman

Rupp

Salva

Sander

Schaaf

Schlottach

Schneider

Schoemehl

Seigfreid

Selby

Self

Shoemaker

Shoemyer

Skaggs

Smith 118

Smith 14

Spreng

St. Onge

Stefanick

Swinger

Taylor

Thompson

Threlkeld

Townley

Viebrock

Villa

Vogt

Wagner

Walker

Wallace

Walsh

Walton

Ward

Wasson

Whorton

Wildberger

Willoughby

Wilson 119

Wilson 130

Wilson 42

Witte

Wood

Wright

Yaeger

Yates

Young

Zweifel

Madam Speaker

 

 

 

 

 

 

 

 

NOES: 004

 

 

 

 

 

 

 

 

 

Boykins

Donnelly

Sager

Wilson 25

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007                                                           

 

 

 

 

 

Avery

Carnahan

Haywood

Lawson

Luetkemeyer

Stevenson

Sutherland

 

 

 


HOUSE RESOLUTION


            Representative Wilson (42) offered House Resolution No. 564.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

 

House Resolution No. 504

                        through

House Resolution No. 506 - Representative Miller

            House Resolution No. 507

                        through

House Resolution No. 558 - Representative Avery

House Resolution No. 559 - Representative Hanaway

            House Resolution No. 560 - Representative Lipke

            House Resolution No. 561 - Representative Bearden

            House Resolution No. 562 - Representative Kratky

            House Resolution No. 563 - Representative Sander

            House Resolution No. 565 - Representative Bough

House Resolution No. 566 - Representatives May and Hampton

House Resolution No. 567 - Representative Hunter

            House Resolution No. 568 - Representative Fares

            House Resolution No. 569 - Representative Lager

            House Resolution No. 570 - Representative Taylor

            House Resolution No. 571 - Representatives Taylor and Goodman




INTRODUCTION OF HOUSE BILLS


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


HB 1472, introduced by Representatives Lowe and Townley, relating to renewable energy resources.


HB 1473, introduced by Representative Skaggs, relating to transportation safety.


HB 1474, introduced by Representatives Abel, George, Wagner, Lowe, Walsh, Davis (122), Walker, Henke, Villa, Selby, Seigfreid, Corcoran, Hilgemann, Wildberger, Skaggs, Dougherty, Spreng, McKenna, Green, LeVota, Carnahan, Liese, Salva, Kratky, Bringer, Swinger, Barnitz, Ward, Darrough, Moore, Meiners, Donnelly, Riback Wilson (25), Yaeger, Harris (110), Witte, Sanders Brooks, Daus, Johnson (90), Jones, Hoskins, Hubbard, Campbell, Burnett, Zweifel, Bland, Whorton, Curls, Muckler, Vogt, Schoemehl, Young, Wilson (42), Kuessner, Ransdall, Shoemyer, Willoughby, Page, Haywood, Johnson (61), Jolly, Kelly (36), Fraser, Hampton, Bishop and Meadows, relating to state purchasing.


HB 1475, introduced by Representatives Schneider, Johnson (47), Hubbard, Ruestman, Quinn, Schaaf, Lipke, Reinhart, Wood, Engler, Moore, Bearden, Dusenberg, Hunter, Wallace, Schlottach, Bean, King, Stevenson, Dempsey, Morris, Roark, Wilson (130), Behnen, Goodman, Stefanick, Icet, Jackson, Angst, Pearce, Graham, Shoemyer, Smith (14), Parker, Cooper (155), Dixon, Villa, Salva, Bland, Thompson, Davis (19), Jones, Liese, Hampton, El-Amin and Jolly, relating to sewerage services.


HB 1476, introduced by Representative Richard, relating to a sales tax for economic development purposes.


HB 1477, introduced by Representatives Schaaf, Page, Cooper (155), Bean, Ruestman, Bivins, Shoemaker, Holand, Threlkeld, Jetton, Kingery, Bough, Moore, Yates and Dusenberg, relating to the Missouri hospital infection control act of 2004.


HB 1478, introduced by Representatives Ruestman, Hunter and Wilson (130), relating to the prevailing wage.


HB 1479, introduced by Representatives Icet, Portwood, Stefanick, Cunningham (86), Lembke, Bivins, Dixon, Hanaway, Dempsey, Purgason, Jackson, Parker, Crawford, Taylor, Mayer, Stevenson, Dusenberg, St. Onge, Nieves and Kelly (36), relating to police officer residency requirements.


HB 1480, introduced by Representatives Rupp, Smith (14), Kelly (36), Lembke, Bruns, Dempsey, Johnson (90), Kelly (144), Threlkeld, Nieves, Rector, Hobbs, Dusenberg, Portwood, Pratt, Stevenson, Dixon, Bean, Jetton, Stefanick, Selby, Hampton, Wagner, Seigfreid, Jolly, Hilgemann, George, Muckler, Vogt, Spreng, Carnahan, Davis (122), Lowe, Campbell, Barnitz, Green, Zweifel, Darrough, Corcoran, Skaggs, Liese, Walsh, Bishop, Henke, Swinger, McKenna, Graham, Meiners, Kuessner, Abel, Ransdall, Bringer, Sager and Schneider, relating to law enforcement officers.


HB 1481, introduced by Representatives Sager, Harris (23), Carnahan, Jolly, Meiners, Kuessner, Young, LeVota, Burnett, Wildberger, Sanders Brooks, Yaeger, Kratky, Jetton and Wilson (42), relating to adoption awareness.


HB 1482, introduced by Representatives Portwood, Jetton, Hanaway, Crowell, Icet, Threlkeld, Wright and Dempsey, relating to police officer residency requirements.


HB 1483, introduced by Representatives Haywood, Sanders Brooks, Johnson (61), Walton, Wilson (42), El-Amin, Boykins, Jones, Hoskins and Thompson, relating to the use of credit scoring for insurance purposes.


HB 1484, introduced by Representatives Smith (118), Lipke, Dixon, Crowell, Schlottach, Stevenson and Bishop, relating to township planning and zoning.


HB 1485, introduced by Representatives Smith (118), Lipke, Dixon, Crowell, Schlottach, Stevenson and Bishop, relating to local planning.


SECOND READING OF HOUSE BILLS


            HB 1460 through HB 1471 were read the second time.


REFERRAL OF HOUSE JOINT RESOLUTIONS


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


HJR 27 - Conservation and Natural Resources

HJR 29 - Elections

HJR 31 - Transportation and Motor Vehicles

HJR 32 - Budget

HJR 37 - Elections

HJR 44 - Education


REFERRAL OF HOUSE BILLS


            The following House Bills were referred to the Committee indicated:


HB 800 - Senior Security

HB 867 - Crime Prevention and Public Safety

HB 1045 - Local Government

HB 1090 - Financial Services

HB 1097 - Special Committee on Urban Issues

HB 1116 - Job Creation and Economic Development

HB 1118 - Transportation and Motor Vehicles

HB 1122 - Transportation and Motor Vehicles

HB 1125 - Budget

HB 1175 - Small Business

HB 1184 - Local Government

HB 1191 - Education

HB 1192 - Agriculture

HB 1223 - Financial Services

HB 1225 - Local Government

HB 1226 - Homeland Security and Veterans Affairs

HB 1227 - Job Creation and Economic Development

HB 1234 - Communications, Energy and Technology

HB 1238 - Agriculture

HB 1248 - Local Government

HB 1249 - Elections

HB 1291 - Financial Services

HB 1307 - Health Care Policy

HB 1315 - Education

HB 1329 - Crime Prevention and Public Safety

HB 1330 - Crime Prevention and Public Safety

HB 1331 - Education

HB 1334 - Professional Registration and Licensing

HB 1339 - Children and Families

HB 1347 - Special Committee on General Laws

HB 1354 - Judiciary

HB 1355 - Judiciary

HB 1356 - Retirement

HB 1357 - Retirement

HB 1364 - Judiciary

HB 1366 - Transportation and Motor Vehicles

HB 1371 - Senior Security

HB 1376 - Crime Prevention and Public Safety

HB 1377 - Local Government

HB 1381 - Homeland Security and Veterans Affairs

HB 1382 - Tax Policy

HB 1383 - Conservation and Natural Resources

HB 1384 - Judiciary

HB 1396 - Transportation and Motor Vehicles

HB 1398 - Local Government

HB 1401 - Transportation and Motor Vehicles

HB 1402 - Special Committee on General Laws

HB 1403 - Crime Prevention and Public Safety

HB 1404 - Judiciary

HB 1405 - Transportation and Motor Vehicles

HB 1406 - Education

HB 1407 - Local Government

HB 1408 - Transportation and Motor Vehicles

HB 1409 - Job Creation and Economic Development

HB 1411 - Special Committee on General Laws

HB 1420 - Tax Policy

HB 1421 - Job Creation and Economic Development

HB 1426 - Job Creation and Economic Development

HB 1433 - Conservation and Natural Resources

HB 1434 - Senior Security

HB 1435 - Tax Policy

HB 1436 - Crime Prevention and Public Safety

HB 1439 - Transportation and Motor Vehicles

HB 1442 - Transportation and Motor Vehicles

HB 1444 - Corrections and State Institutions

HB 1451 - Education

HB 1452 - Education

HB 1453 - Children and Families

HB 1454 - Local Government

HB 1460 - Judiciary

HB 1461 - Judiciary

HB 1462 - Local Government


REFERRAL OF SENATE CONCURRENT RESOLUTION


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


SS SCR 26 - Agriculture


REFERRAL OF SENATE BILLS


            The following Senate Bills were referred to the Committee indicated:


SB 739 - Agriculture

SCS SB 758 - Tax Policy

SCS SB 767 - Transportation and Motor Vehicles

SB 769 - Local Government

SB 770 - Transportation and Motor Vehicles

SCS SB 782 - Local Government

SCS SB 789 - Local Government

SB 932 - Workforce Development and Workplace Safety

SCS SBs 942, 850 & 841 - Local Government

SCS SB 1006 - Transportation and Motor Vehicles

SB 1028 - Budget






WITHDRAWAL OF HOUSE BILL


February 12, 2004


Stephen S. Davis

Chief Clerk

House of Representatives

Jefferson City, Missouri 65101


Dear Stephen:


I would like to request that House Bill 1351 be withdrawn.


Thank you for your consideration in this matter.


Sincerely,


/s/ Danie Moore


            The following member's presence was noted: Lawson.


ADJOURNMENT


            On motion of Representative Crowell, the House adjourned until 4:00 p.m., Monday, February 16, 2004.


CORRECTIONS TO THE HOUSE JOURNAL


AFFIDAVITS


I, State Representative Amber Boykins, District 60, hereby state and affirm that my vote as recorded on Pages 296, 297 and 301 of the House Journal for Wednesday, February 11, 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 12th day of February 2004.


                                                                                                    /s/ Amber Boykins

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )


Subscribed and sworn to before me this 12th day of February in the year 2004.


                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

___________


I, State Representative Steve Hunter, District 127, hereby state and affirm that my vote as recorded on Page 297 of the House Journal for Wednesday, February 11, 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 12th day of February 2004.


                                                                                                    /s/ Steve Hunter

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )


Subscribed and sworn to before me this 12th day of February in the year 2004.


                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

___________


I, State Representative Mark Hampton, District 147, hereby state and affirm that my vote as recorded on Page 301 of the House Journal for Wednesday, February 11, 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 12th day of February 2004.


                                                                                                    /s/ Mark Hampton

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )


Subscribed and sworn to before me this 12th day of February in the year 2004.


                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

___________


COMMITTEE MEETINGS


AGRICULTURE

Tuesday, February 17, 2004, 12:00 p.m. Hearing Room 1.

Possible Executive session.

Public hearings to be held on: HB 1176


APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Tuesday, February 17, 2004, 8:00 a.m. Hearing Room 4.

Mark up for the Department of Natural Resources.

Hearing may continue at 2:30 p.m. or upon afternoon adjournment.




APPROPRIATIONS - EDUCATION

Tuesday, February 17, 2004, 8:00 a.m. Hearing Room 1.

Mark up will be held on: HB 1002


APPROPRIATIONS - EDUCATION

Wednesday, February 18, 2004, 3:00 p.m. Hearing Room 1.

Mark up on HB 1002 continued and possible mark up on HB 1003.


APPROPRIATIONS - GENERAL ADMINISTRATION

Monday, February 16, 2004, 2:00 p.m. Hearing Room 7.

Office of Administration, Office of the State Treasurer and Office of the Attorney General.


APPROPRIATIONS - GENERAL ADMINISTRATION

Tuesday, February 17, 2004, 8:30 a.m. Hearing Room 7.

Office of Administration, Office of the State Treasurer and Office of the Attorney General.


APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Monday, February 16, 2004, 12:00 p.m. Hearing Room 3.

Departments of Health, Mental Health, and Social Services. AMENDED


APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Tuesday, February 17, 2004, 8:00 a.m. Hearing Room 3.

Departments of Health, Mental Health, and Social Services.


APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Wednesday, February 18, 2004, 8:00 a.m. Hearing Room 3.

Public testimony. Departments of Health, Mental Health, and Social Services.


APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Thursday, February 19, 2004, 8:00 a.m. Hearing Room 3.

Departments of Health, Mental Health, and Social Services.


APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Monday, February 16, 2004, 12:00 p.m. Hearing Room 6.

Mark up for the Departments of Labor, Insurance, Transportation, and Economic Development.


APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, February 17, 2004, 8:00 a.m. Hearing Room 5.

Mark up for the Departments of Labor, Insurance, Transportation, and Economic Development.


APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Wednesday, February 18, 2004, 3:00 p.m. Hearing Room 5.

Mark up for the Departments of Labor, Insurance, Transportation, and Economic Development.



COMMUNICATIONS, ENERGY AND TECHNOLOGY

Tuesday, February 17, 2004, Hearing Room 3 upon morning adjournment.

Executive session may follow.

Public hearings to be held on: HB 1156, HB 1171, HB 766


CRIME PREVENTION AND PUBLIC SAFETY

Tuesday, February 17, 2004, Hearing Room 3 upon afternoon adjournment.

Executive session may follow.

Public hearings to be held on: HB 1059, HB 918, HB 1311, HB 1387, HB 1388, HB 1243


ELECTIONS

Tuesday, February 17, 2004, 5:00 p.m. Hearing Room 7.

Public hearings to be held on: HB 900, HB 1150, HB 1039

Executive session will be held on: HB 949, HB 962


ETHICS

Tuesday, February 17, 2004, 5:00 p.m. Hearing Room 4.

MO Forest Products Caucus, Dairy Caucus and Forming Arts Caucus.

Executive session may follow.


FINANCIAL SERVICES

Tuesday, February 17, 2004, 12:00 p.m. Hearing Room 6.

Public hearings to be held on: HB 936, HB 938, HB 1159, HB 990

Executive session will be held on: HB 1198


HOMELAND SECURITY AND VETERANS AFFAIRS

Tuesday, February 17, 2004, 5:00 p.m. Hearing Room 5.

Executive session may follow.

Public hearings to be held on: HB 957, HB 1152


JOINT COMMITTEE ON CORRECTIONS

Thursday, February 19, 2004, 8:30 a.m. Hearing Room 5.

Regular business meeting.


JOINT COMMITTEE ON LEGISLATIVE RESEARCH

Thursday, February 26, 2004, Hearing Room 5 upon morning adjournment of both Chambers.

Report from the Revision Subcommittee.

Oversight program evaluation on the Office of Administration,

Division of Facilities Management, State leasing practices. Any other business.


JOINT COMMITTEE ON OUT-OF-SCHOOL PROGRAMS

Friday, February 13, 2004, 8:30 a.m. Senate Lounge.




LOCAL GOVERNMENT

Thursday, February 19, 2004, 8:30 a.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 975, HB 880, HB 843, HB 1042, HB 947


SENIOR SECURITY

Tuesday, February 17, 2004, 5:00 p.m. Hearing Room 6.

Public hearings to be held on: HB 1230, HB 1302


SMALL BUSINESS

Wednesday, February 18, 2004, Hearing Room 4, noon or upon adjournment.

Public hearing to be held on: HB 1286


SPECIAL COMMITTEE ON GENERAL LAWS

Thursday, February 19, 2004, 8:00 a.m. Hearing Room 4.

Executive session possible.

Public hearings to be held on: HB 1363, HB 1193


TAX POLICY

Tuesday, February 17, 2004, Hearing Room 7, 12:00 p.m.or upon morning adjournment.

Executive session may follow.

Public hearings to be held on: HB 1267, HB 1343, HB 1235, HB 1308


TOURISM AND CULTURAL AFFAIRS

Thursday, February 19, 2004, 9:00 a.m. House Lounge.

Joint committee meeting with the Senate Economic Development, Tourism

and Local Government Committee.


WORKFORCE DEVELOPMENT AND WORKPLACE SAFETY

Monday, February 16, 2004, House Chamber South Side Gallery upon afternoon adjournment.

Executive session.


HOUSE CALENDAR


TWENTY-SECOND DAY, MONDAY, FEBRUARY 16, 2004


HOUSE BILLS FOR SECOND READING


HB 1472 through HB 1485


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 1041, as amended - Cunningham (86)

4          HCS HB 1268 & 1211 - Smith (118)

5          HCS HB 978 - Baker (123)

6          HCS HB 1380 - Lager (4)


HOUSE BILLS FOR THIRD READING


1          HCS HB 980, (Budget 2-04-04) - Myers (160)

2          HCS HB 1040, E.C. - Cunningham (86)


HOUSE BILL FOR THIRD READING - CONSENT


HB 994 - Cunningham (145)