Second Regular Session, 92nd General Assembly
THIRTIETH DAY, Monday, March 1, 2004
The House met pursuant to adjournment.
Speaker Hanaway in the Chair.
Prayer by Reverend James Earl Jackson.
Heavenly Father, it is written, "When pride comes, then comes dishonor, but with the humble there is wisdom." Therefore we choose to live our lives humbly before You, rejecting pride at every opportunity.
Help us to retain this truth in our hearts: It is better to be patient than powerful. It is better to win control over ourselves than over whole cities.
Grant us the peace and privilege to celebrate our accomplishments on behalf of those we serve and the insight to know that at the end of the day all praise is reserved, without exception, for You.
Now may Your grace rest and abide with us all.
In the name of Your Son we pray. Amen.
The Pledge of Allegiance to the flag was recited.
Representative Stefanick assumed the Chair.
The Journal of the twenty-ninth day was approved as corrected by the following vote:
AYES: 150 |
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Abel |
Angst |
Baker |
Barnitz |
Bean |
Bishop |
Black |
Bland |
Bough |
Bringer |
Brooks |
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 |
Donnelly |
Dougherty |
Dusenberg |
El-Amin |
Emery |
Engler |
Ervin |
Fares |
Fraser |
George |
Goodman |
Graham |
Green |
Hampton |
Harris 110 |
Harris 23 |
Haywood |
Henke |
Hilgemann |
Hobbs |
Hoskins |
Hubbard |
Hunter |
Icet |
Jackson |
Jetton |
Johnson 47 |
Johnson 61 |
Johnson 90 |
Jolly |
Jones |
Kelly 144 |
Kelly 36 |
King |
Kingery |
Kratky |
Kuessner |
Lager |
Lawson |
Lembke |
LeVota |
Liese |
Lipke |
Lowe |
Luetkemeyer |
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 |
Stevenson |
Sutherland |
Swinger |
Thompson |
Threlkeld |
Townley |
Viebrock |
Villa |
Vogt |
Wagner |
Walker |
Wallace |
Walsh |
Walton |
Ward |
Whorton |
Wildberger |
Willoughby |
Wilson 119 |
Wilson 130 |
Wilson 42 |
Witte |
Wood |
Wright |
Yaeger |
Yates |
Young |
Zweifel |
Madam Speaker |
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NOES: 002 |
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Sager |
Wilson 25 |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 011 |
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Avery |
Bearden |
Behnen |
Bivins |
Boykins |
Brown |
Carnahan |
Guest |
Holand |
Taylor |
Wasson |
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HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 813 - Representative Bishop, et al
House Resolution No. 814
and
House Resolution No. 815 - Representatives Dusenberg and Pratt
House Resolution No. 816 - Representative Hanaway
House Resolution No. 817
and
House Resolution No. 818 - Representative Crawford
House Resolution No. 819
through
House Resolution No. 850 - Representative Reinhart
House Resolution No. 851 - Representative Walker
House Resolution No. 852 - Representative Myers
House Resolution No. 853 - Representative Brown
House Resolution No. 854
and
House Resolution No. 855 - Representative Miller
House Resolution No. 856 - Representative Jones
House Resolution No. 857 - Representative Wilson (130)
House Resolution No. 858 - Representative Skaggs
House Resolution No. 859 - Representative Ward
INTRODUCTION OF HOUSE BILLS
The following House Bills were read the first time and copies ordered printed:
HB 1590, introduced by Representatives Portwood and Lembke, relating to the manufacture and production of methamphetamine.
HB 1591, introduced by Representative Morris, relating to marital and family therapy.
HB 1592, introduced by Representative Crawford, relating to commercial motor vehicles.
HB 1593, introduced by Representative Walker, relating to lobbying.
HB 1594, introduced by Representatives Zweifel and Spreng, relating to removal of nuisances.
HB 1595, introduced by Representatives Byrd and Vogt, relating to downtown and rural development.
HB 1596, introduced by Representatives Zweifel and Bishop, relating to residential property insurance.
HB 1597, introduced by Representatives Wilson (119), King, Dethrow, Kingery, Cunningham (145), Angst, Purgason, Bough, Morris, Wilson (130), Richard, Ruestman, Hunter, Myers, Taylor, Dusenberg, Wallace, Bean, Schlottach, Quinn, Lager, Munzlinger, Sander, Brown, Miller, Pearce, Emery, Cooper (120), Smith (118), Guest, Crawford, Moore, Cooper (155), Goodman and Dempsey, relating to rural empowerment zones.
HB 1598, introduced by Representatives Shoemaker, Munzlinger and Bringer, relating to enterprise zones.
HB 1599, introduced by Representatives Ervin, Brown, Morris, Lembke, Pearce, Wilson (119), Bough, Cooper (155), Cunningham (145), Hobbs, Dethrow, Guest, Sander, Icet, Baker, Schneider, Thelkeld, Dusenberg, Nieves, Wood, Smith (14), Dempsey, Cooper (120), Self, Richard, Pratt, Yates, Jetton, Roark and Reinhart, relating to a joint committee on waste, fraud, and abuse.
HB 1600, introduced by Representatives Crawford and Hobbs, relating to concealed carry endorsements.
SECOND READING OF HOUSE BILLS
HB 1573 through HB 1589 were read the second time.
SECOND READING OF SENATE CONCURRENT RESOLUTION
SCR 35 was read the second time.
SECOND READING OF SENATE BILLS
SB 781, SB 808, SB 1052, SCS SB 1075 and SCS SB 1100 were read the second time.
PERFECTION OF HOUSE BILL
HCS HB 1338, relating to buyers’ clubs, was taken up by Representative Wood.
Representative Lipke offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for House Bill No. 1338, Page 1, Section 407.671, Line 10, by inserting after "(4)" the following:
""Claimant", any aggrieved consumer or business organization, but does not include any political subdivision of the state;
(5)"; and
Further amend said section by renumbering the remaining subdivisions accordingly; and
Further amend said bill, Page 3, Section 407.691, Line 2, by deleting the word "private" on said line; and
Further amend said title, enacting clause and intersectional references accordingly.
On motion of Representative Lipke, House Amendment No. 1 was adopted.
Representative Stevenson offered House Amendment No. 2.
House Amendment No. 2
AMEND House Committee Substitute for House Bill No. 1338, Page 3, Section 407.699, Line 1, by deleting all of said line and inserting in lieu thereof the following:
"407.699. 1. Any purchaser of a travel club membership"; and
Further amend said bill, Page 4, Section 407.699, Line 15, by inserting immediately after "mailbox," the following:
"certified mail, return receipt requested,"; and
Further amend said title, enacting clause and intersectional references accordingly.
On motion of Representative Stevenson, House Amendment No. 2 was adopted.
On motion of Representative Wood, HCS HB 1338, as amended, was adopted.
On motion of Representative Wood, HCS HB 1338, as amended, was ordered perfected and printed.
RE-REFERRAL OF HOUSE BILLS
The following House Bills were re-referred to the Committee indicated:
HB 1081 - Crime Prevention and Public Safety
HB 1270 - Budget
LETTER OF RESIGNATION
March 1, 2004
The Honorable Catherine Hanaway
Speaker of the House
Missouri State Capitol
Jefferson City, MO 65101
Dear Madam Speaker:
I hereby notify you of my resignation as chairman of the Homeland Security and Veterans Affairs Committee effective March 2, 2004.
Sincerely,
/s/ Christopher L. Shoemaker
COMMITTEE CHANGES
The Speaker submitted the following Committee changes:
Representative Brown is no longer a member of the Tourism and Cultural Affairs Committee.
Representative Stefanick is no longer a member of the Children and Families Committee.
Representative Jackson has been appointed Chair of the Homeland Security and Veterans Affairs Committee.
Representative Reinhart has been appointed a member of the Children and Families Committee.
Representative Yates has been appointed a member of the Tourism and Cultural Affairs Committee.
ADJOURNMENT
On motion of Representative Crowell, the House adjourned until 10:00 a.m., Tuesday, March 2, 2004.
CORRECTIONS TO THE HOUSE JOURNAL
AFFIDAVITS
I, State Representative B. J. Marsh, District 136, hereby state and affirm that I was present during the session of the House of Representatives on Thursday, February 26, 2004 and that the House Journal inaccurately reflects my absence. Pursuant to House Rule 88, I ask that the Journal be corrected to note my presence in the House Journal for Thursday, February 26, 2004.
IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 1st day of March 2004.
/s/ B. J. Marsh
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 1st day of March 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 435 of the House Journal for Thursday, February 26, 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 1st day of March 2004.
/s/ Mark Hampton
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 1st day of March in the year 2004.
/s/ Stephen S. Davis
Chief Clerk
___________
COMMITTEE MEETINGS
AGRICULTURE
Tuesday, March 2, 2004, 12:00 p.m. Hearing Room 1.
Possible Executive session.
Public hearings to be held on: HCR 10, SS SCR 26
APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES
Tuesday, March 2, 2004, 8:00 a.m. Hearing Room 3.
Departments of Health, Mental Health, and Social Services. Possible mark up.
APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES
Thursday, March 4, 2004, 8:00 a.m. Hearing Room 3.
Departments of Health, Mental Health, and Social Services. Possible mark up.
BUDGET
Wednesday, March 3, 2004, 8:00 a.m. Hearing Room 3.
Executive session will be held on: HB 1014, HJR 49
CHILDREN AND FAMILIES
Tuesday, March 2, 2004, Hearing Room 1 upon evening adjournment or 5:00 p.m.
Executive session may follow.
Public hearings to be held on: HB 1349, HB 968
CONSERVATION AND NATURAL RESOURCES
Wednesday, March 3, 2004, 12:00 p.m. Hearing Room 5.
Executive session may follow.
Public hearings to be held on: HB 933, HB 1433, HB 1383
CRIME PREVENTION AND PUBLIC SAFETY
Tuesday, March 2, 2004, 5:00 p.m. Hearing Room 3.
Executive session may follow.
Public hearings to be held on: HB 1436, HB 1274, HB 788, HB 1330, HB 787
ELECTIONS
Tuesday, March 2, 2004, 5:00 p.m. Hearing Room 7.
Executive session will precede the hearing.
Public hearings to be held on: HB 1494, HJR 29
Executive session will be held on: HB 988, HB 1101, HB 1092
FINANCIAL SERVICES
Tuesday, March 2, 2004, 12:00 p.m. Hearing Room 6.
Possible Executive session.
Public hearings to be held on: HB 1253, HB 1090, HB 1232, HB 1233
HOMELAND SECURITY AND VETERANS AFFAIRS
Tuesday, March 2, 2004, 5:00 p.m. Hearing Room 5.
Executive session will follow. AMENDED
Public hearing to be held on: HB 1555
Executive session will be held on: HB 1226, HB 1152, HB 1381
JOB CREATION AND ECONOMIC DEVELOPMENT
Wednesday, March 3, 2004, 12:00 p.m. Hearing Room 6.
Executive session may follow.
Public hearings to be held on: HB 1370
JOINT COMMITTEE ON PUBLIC EMPLOYEE RETIREMENT
Thursday, March 4, 2004, 8:00 a.m. Hearing Room 7.
First quarter meeting.
JOINT COMMITTEE ON TRANSPORTATION OVERSIGHT
Monday, March 29, 2004, 1:00 p.m. Senate Lounge.
Topics for discussion. Remarks from MoDOT, Inspector General,
MoDOT cleanup legislation, One Stop Shop.
JUDICIARY
Wednesday, March 3, 2004, 12:00 p.m. Hearing Room 1.
Public hearings to be held on: HB 1511, HB 920, HB 821, HB 1213, HB 1354
Executive session will be held on: HB 798, HB 1179, HB 1188, HB 1364
LOCAL GOVERNMENT
Thursday, March 4, 2004, 8:15 a.m. Hearing Room 6.
Executive session may follow.
Public hearings to be held on: HB 1445, HB 1456, HB 1524, HB 1362, HB 1180
PROFESSIONAL REGISTRATION AND LICENSING
Tuesday, March 2, 2004, 12:00 p.m. Hearing Room 4.
Public hearings to be held on: HB 1424, HB 1422, HB 1464, HB 970
Executive session may be held on: HB 1224, HB 985, HB 1197, HB 1399, HB 792, HB 1424
SENIOR SECURITY
Tuesday, March 2, 2004, 5:00 p.m. Hearing Room 6.
Executive session may follow. AMENDED
Public hearings to be held on: HB 927, HB 1534, HB 1441, SS SCS SB 730
SMALL BUSINESS
Wednesday, March 3, 2004, Hearing Room 4 upon morning adjournment.
Executive session may follow.
Public hearings to be held on: HB 1520
SPECIAL COMMITTEE ON URBAN ISSUES
Tuesday, March 2, 2004, 6:00 p.m. Hearing Room 2.
Executive session may follow.
Public hearings to be held on: HB 1097
SUBCOMMITTEE ON COMPETITION AND PRIVATIZATION ON LEGISLATIVE RESEARCH
Thursday, March 4, 2004, Senate Lounge upon subsequent adjournment or 1:00 p.m.
Results of Competition/Privatization follow up questionnaire.
Presentation of Privatization by private groups. Future committee meeting dates and locations and any other business.
TAX POLICY
Tuesday, March 2, 2004, 12:00 p.m. Hearing Room 7.
Executive session may follow.
Public hearings to be held on: HB 1210, HB 1099, HB 859, HB 1309
TRANSPORTATION AND MOTOR VEHICLES
Wednesday, March 3, 2004, 12:00 p.m. Hearing Room 7.
Public hearings to be held on: HB 1049, HB 1408, HB 1437, HB 1284, HB 1374
Executive session may be held on: HB 1167, HB 1288, HB 995, HB 996, HB 1366, HB 1405, HB 976, SCS SBs 1144, 919, & 874, HB 977
HOUSE CALENDAR
THIRTY-FIRST DAY, TUESDAY, MARCH 2, 2004
HOUSE BILLS FOR SECOND READING
HB 1590 through HB 1600
HOUSE JOINT RESOLUTIONS FOR PERFECTION
1 HCS HJR 28 - Roark (139)
2 HCS HJR 39, 38, 42 & 47 - Engler (106)
HOUSE BILLS FOR PERFECTION
1 HCS HB 1105, 1062, 1111, 1113 & 1119 - Crawford (117)
2 HCS HB 1041, as amended, HSA 1 for HA 10 and HA 10, pending - Cunningham (86)
3 HCS HB 978 - Baker (123)
4 HCS HB 1380 - Lager (4)
5 HCS HB 1304 - Byrd (94)
6 HB 841 - Angst (146)
7 HCS HB 1055 - Bruns (113)
8 HCS HB 1305 - Byrd (94)
HOUSE BILLS FOR PERFECTION - CONSENT
(2/26/2004)
1 HCS HB 833 - Luetkemeyer (115)
2 HB 938 - Luetkemeyer (115)
3 HCS HB 947 - Crawford (117)
4 HB 962 - May (149)
5 HB 975 - Johnson (47)
6 HCS HB 998 & 905 - Sutherland (99)
7 HB 1047 - Guest (5)
8 HCS HB 1209 - Jetton (156)
9 HB 1275 - Wilson (130)
HOUSE BILLS FOR THIRD READING - CONSENT
1 HB 801 - Smith (118)
2 HCS HB 895, E.C. - Emery (126)
3 HB 923 - Holand (135)
4 HB 932 - Bivins (97)
5 HCS HB 955 - Portwood (92)
6 HB 960 - Roark (139)
7 HB 989, E.C. - Barnitz (150)
8 HB 1070 - Miller (133)
9 HB 1071, E.C. - Goodman (132)
10 HB 1107, HCA 1 - Crawford (117)
11 HB 1126 - Seigfreid (26)
12 HB 1149 - May (149)
13 HCS HB 1198 - Richard (129)
HOUSE BILL WITH SENATE AMENDMENT
SCS HB 916 - Brown (30)
VETOED HOUSE BILL
HCR 5 - Byrd (94)