Second Regular Session, 92nd General Assembly
FORTY-SIXTH DAY, Monday, April 5, 2004
The House met pursuant to adjournment.
Speaker Pro Tem Jetton in the Chair.
Prayer by Reverend James Earl Jackson.
Heavenly Father, it is written, "The purity of silver and gold can be tested in a crucible, but a man is tested by his reaction to men's praise." Help us to remain steadfast in the face of praise or criticism; continuing unhampered in our resolve to complete the difficult tasks, which lie ahead.
A book with blank pages is opened to us today. Help us to write concisely, with wisdom, words that will accurately shape the future of this state and its citizens. Our knowledge is finite, Yours is infinite; guide us down the path of Your knowing.
And now unto You be glory both now and forever....
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: Matthew Smith and Kyle McCallister.
The Journal of the forty-fifth day was approved as corrected by the following vote:
AYES: 148 |
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Abel |
Angst |
Baker |
Barnitz |
Bean |
Bearden |
Behnen |
Bivins |
Black |
Bland |
Bough |
Bringer |
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 |
Goodman |
Graham |
Green |
Guest |
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 |
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 |
Schoemehl |
Seigfreid |
Selby |
Self |
Shoemaker |
Shoemyer |
Skaggs |
Smith 118 |
Smith 14 |
Spreng |
St. Onge |
Stefanick |
Stevenson |
Sutherland |
Swinger |
Taylor |
Thompson |
Threlkeld |
Townley |
Viebrock |
Villa |
Wagner |
Walker |
Wallace |
Walsh |
Ward |
Wasson |
Whorton |
Wildberger |
Willoughby |
Wilson 119 |
Wilson 130 |
Wilson 42 |
Witte |
Wood |
Wright |
Yaeger |
Yates |
Young |
Zweifel |
Madam Speaker |
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NOES: 004 |
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Donnelly |
Sager |
Vogt |
Wilson 25 |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 011 |
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Avery |
Bishop |
Boykins |
Brooks |
Brown |
Carnahan |
George |
Hampton |
Haywood |
Schneider |
Walton |
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Representative Bruns assumed the Chair.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 1410 - Representative Hanaway
House Resolution No. 1411 - Representative Munzlinger
House Resolution No. 1412
through
House Resolution No. 1425 - Representative Moore
House Resolution No. 1426 - Representative Hubbard, et al
House Resolution No. 1427
and
House Resolution No. 1428 - Representative Hunter
House Resolution No. 1429 - Representative Munzlinger
House Resolution No. 1430
and
House Resolution No. 1431 - Representative Yates
House Resolution No. 1432
and
House Resolution No. 1433 - Representative Rector
House Resolution No. 1434 - Representative Ruestman
House Resolution No. 1435 - Representative Ruestman, et al
House Resolution No. 1436 - Representative Kelly (36)
House Resolution No. 1437 - Representative Ward
House Resolution No. 1438 - Representative Rupp
House Resolution No. 1439 - Representative LeVota, et al
House Resolution No. 1440 - Representative Salva, et al
House Resolution No. 1441 - Representative Graham
House Resolution No. 1442
and
House Resolution No. 1443 - Representative Brown
House Resolution No. 1444 - Representative Wilson (130)
House Resolution No. 1445 - Representative Wallace
House Resolution No. 1446 - Representative Harris (23), et al
House Resolution No. 1447 - Representative Kelly (144)
House Resolution No. 1448 - Representative Dixon
INTRODUCTION OF HOUSE JOINT RESOLUTION
The following House Joint Resolution was read the first time and copies ordered printed:
HJR 56, introduced by Representatives Yates, Crowell, Engler, Jetton, Pratt, Bean, King, Daus and Villa, relating to minimum age requirements for members of the general assembly.
INTRODUCTION OF HOUSE BILLS
The following House Bills were read the first time and copies ordered printed:
HB 1715, introduced by Representatives May, Pratt, Meadows, Whorton, Sutherland, Harris (23), Smith (14), Kingery, Townley, Guest, Deeken, Morris, Threlkeld, Dusenberg, Quinn, Wilson (119), Nieves, Stevenson, Jetton, Bearden, Bivins and Jackson, relating to the designation of a memorial highway.
HB 1716, introduced by Representative Daus, relating to temporary license plates.
HB 1717, introduced by Representative Morris, relating to taxation of Social Security benefits.
HB 1718, introduced by Representative Morris, relating to liability of health service providers.
SECOND READING OF HOUSE BILLS
HB 1707 through HB 1714 were read the second time.
SECOND READING OF SENATE BILLS
SS SCS SB 1081, SCS SB 1220, SCS SB 1247, and SS SS SCS SB 1371 were read the second time.
RECESS
On motion of Representative Crowell, the House recessed until all the budget bills were distributed.
The hour of recess having expired, the House was called to order by Speaker Hanaway.
REFERRAL OF HOUSE BILL
The following House Bill was referred to the Committee indicated:
HB 1626 - Crime Prevention and Public Safety
RE-REFERRAL OF HOUSE BILL
The following House Bill was re-referred to the Committee indicated:
HB 1703 - Financial Services
REFERRAL OF SENATE BILL
The following Senate Bill was referred to the Committee indicated:
SCS SB 1212 - Local Government
COMMITTEE REPORTS
Committee on Budget, Chairman Bearden reporting:
Madam Speaker: Your Committee on Budget, to which was referred HB 1001, begs leave to report it has examined the same and recommends that it Do Pass.
Madam Speaker: Your Committee on Budget, to which was referred HB 1002, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Madam Speaker: Your Committee on Budget, to which was referred HB 1003, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Madam Speaker: Your Committee on Budget, to which was referred HB 1004, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Madam Speaker: Your Committee on Budget, to which was referred HB 1005, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Madam Speaker: Your Committee on Budget, to which was referred HB 1006, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Madam Speaker: Your Committee on Budget, to which was referred HB 1007, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Madam Speaker: Your Committee on Budget, to which was referred HB 1008, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Madam Speaker: Your Committee on Budget, to which was referred HB 1009, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Madam Speaker: Your Committee on Budget, to which was referred HB 1010, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Madam Speaker: Your Committee on Budget, to which was referred HB 1011, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Madam Speaker: Your Committee on Budget, to which was referred HB 1012, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Committee on Health Care Policy, Chairman Holand reporting:
Madam Speaker: Your Committee on Health Care Policy, to which was referred HB 1477 and HB 1563, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Committee on Workforce Development and Workplace Safety, Chairman Hunter reporting:
Madam Speaker: Your Committee on Workforce Development and Workplace Safety, to which was referred HB 844, begs leave to report it has examined the same and recommends that it Do Pass.
CONFERENCE COMMITTEE REPORT
ON
SENATE COMMITTEE SUBSTITUTE
FOR
HOUSE COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1014
The Conference Committee appointed on Senate Committee Substitute for House Committee Substitute for House Bill No. 1014 begs leave to report that we, after free and fair discussion of the differences, have agreed to recommend and do recommend to the respective bodies as follows:
1. That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1014.
2. That the House recede from its position on House Committee Substitute for House Bill No. 1014.
3. That the attached Conference Committee Substitute for House Bill No. 1014, be truly agreed to and finally passed.
FOR THE SENATE: FOR THE HOUSE:
/s/ Sen. John T. Russell /s/ Rep. Carl Bearden
/s/ Sen. Chuck Gross /s/ Rep. Brad Lager
/s/ Sen. Doyle Childers /s/ Rep. Chuck Purgason
/s/ Sen. Wayne Goode /s/ Rep. Marsha Campbell
/s/ Sen. Pat Dougherty /s/ Rep. Paul LeVota
SUPPLEMENTAL CALENDAR
(April 5, 2004)
HOUSE BILLS FOR PERFECTION - APPROPRIATIONS
1 HB 1001 - Bearden
2 HCS HB 1002 - Bearden
3 HCS HB 1003 - Bearden
4 HCS HB 1004 - Bearden
5 HCS HB 1005 - Bearden
6 HCS HB 1006 - Bearden
7 HCS HB 1007 - Bearden
8 HCS HB 1008 - Bearden
9 HCS HB 1009 - Bearden
10 HCS HB 1010 - Bearden
11 HCS HB 1011 - Bearden
12 HCS HB 1012 - Bearden
ADJOURNMENT
On motion of Representative Crowell, the House adjourned as of 12:30 a.m., Tuesday, April 6, 2004, until 10:00 a.m., Tuesday, April 6, 2004.
CORRECTION TO THE HOUSE JOURNAL
AFFIDAVIT
I, State Representative Scott T. Rupp, District 13, hereby state and affirm that my vote as recorded on Page 902 of the House Journal for Thursday, April 1, 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 5th day of April 2004.
/s/ Scott T. Rupp
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 5th day of April in the year 2004.
/s/ Stephen S. Davis
Chief Clerk
___________
COMMITTEE MEETINGS
AGRICULTURE
Tuesday, April 6, 2004, 12:00 p.m. Hearing Room 1.
Possible Executive session.
Public hearings to be held on: HCR 21, HB 1523
BUDGET
Tuesday, April 6, 2004, 8:00 p.m. Hearing Room 3.
Possible Executive session.
Committee will hear all bills assigned or referred for fiscal review. AMENDED
Public hearing to be held on: HB 1617
BUDGET
Wednesday, April 7, 2004, 8:30 a.m. Hearing Room 3.
Bills that may be assigned or referred to committee for fiscal review.
Possible Executive session.
CHILDREN AND FAMILIES
Tuesday, April 6, 2004, Hearing Room 1 upon evening adjournment.
Executive session may follow.
Public hearings to be held on: HB 1339, HB 1263, SJR 29
COMMUNICATIONS, ENERGY AND TECHNOLOGY
Tuesday, April 6, 2004, Hearing Room 3 upon morning adjournment.
Executive session may follow.
Public hearings to be held on: SCS SB 1250, SCS SB 1177, SCS SB 961
CONSERVATION AND NATURAL RESOURCES
Wednesday, April 7, 2004, 12:00 p.m. Hearing Room 5.
Executive session may follow.
Public hearings to be held on: HB 1609, HB 1602, SCS SB 1040, SCS SB 901
CRIME PREVENTION AND PUBLIC SAFETY
Tuesday, April 6, 2004, Hearing Room 3 upon afternoon adjournment.
Executive session may follow.
Public hearings to be held on: HB 1590, HB 1626, HB 1650, SCS SB 788
ELECTIONS
Tuesday, April 6, 2004, Hearing Room 7 upon evening adjournment.
Executive session only.
Executive session will be held on: HB 1220, HB 1265, HB 1319, HB 1539, HJR 29, HJR 46
ETHICS
Tuesday, April 6, 2004, Hearing Room 4 upon afternoon adjournment.
Executive session may follow.
Missouri Cancer Caucus, FFA Caucus, House Chair Caucus.
FINANCIAL SERVICES
Tuesday, April 6, 2004, 12:00 p.m. Hearing Room 6.
Executive session may occur. AMENDED
Public hearings to be held on: HB 1703, SCS SB 1038
HOMELAND SECURITY AND VETERANS AFFAIRS
Tuesday, April 6, 2004, Hearing Room 5 upon afternoon adjournment.
Executive session will follow.
Public hearings to be held on: SCS SB 1365
JOINT COMMITTEE ON ADMINISTRATIVE RULES
Thursday, April 8, 2004, Senate Lounge upon morning adjournment.
5 CSR 100-200.170 DESE Commission for the Deaf and Hard of hearing-
13 CSR 70-3.120 DSS - Division of Medical Services conditions of provider participation etc.
JUDICIARY
Wednesday, April 7, 2004, 12:00 p.m. Hearing Room 1.
Public hearings to be held on: HB 986, HB 1312, HB 1458, HB 1675, HB 1588, SB 1007, SB 1162
Executive session will be held on: HB 1143, HB 1148, HB 1229, HB 1588, HB 1646, HB 1675, HCR 13, HB 1065
LOCAL GOVERNMENT
Thursday, April 8, 2004, 8:15 a.m. Hearing Room 6.
Public hearings to be held on: SCS SB 1331, SCS SB 1093, SCS SB 1106, SB 1107, SCS SB 700, SCS SB 1075, SCS SB 1212
Executive session will be held on: SCS SB 782, SCS SBs 942, 850 & 841, SB 769
PROFESSIONAL REGISTRATION AND LICENSING
Tuesday, April 6, 2004, 12:00 p.m. Hearing Room 4.
Public hearings to be held on: SCS SB 962, SCS SBs 1027 & 896, SCS SB 1218, SB 1274
Executive session may be held on: HB 837
SENIOR SECURITY
Tuesday, April 6, 2004, Hearing Room 6 upon evening adjournment.
Executive session may follow.
SPECIAL COMMITTEE ON GENERAL LAWS
Tuesday, April 6, 2004, Hearing Room 5 upon morning adjournment.
Possible Executive session. AMENDED
Public hearings to be held on: HB 1671, SB 1052, SCS SBs 1020, 889 & 869, SCS SB 1253
TAX POLICY
Tuesday, April 6, 2004, 12:00 p.m. Hearing Room 7.
Executive session may follow. AMENDED
Public hearings to be held on: HB 901, HB 1435, HB 1648
TRANSPORTATION AND MOTOR VEHICLES
Wednesday, April 7, 2004, 12:00 p.m. Hearing Room 7.
Public hearings to be held on: HB 1582, HB 1666, HB 1667, HB 1401, SB 920
Executive session will be held on: SCS SB 767, SB 770, SCS SB 1006, SCS SJR 44, HB 1583,
HB 1592, HB 1499, HB 1525
HOUSE CALENDAR
FORTY-SEVENTH DAY, TUESDAY, APRIL 06, 2004
HOUSE JOINT RESOLUTION FOR SECOND READING
HJR 56
HOUSE BILLS FOR SECOND READING
HB 1715 through HB 1718
HOUSE JOINT RESOLUTION FOR PERFECTION
HCS HJR 28 - Roark (139)
HOUSE BILLS FOR PERFECTION - APPROPRIATIONS
1 HB 1001 - Bearden (16)
2 HCS HB 1002 - Bearden (16)
3 HCS HB 1003 - Bearden (16)
4 HCS HB 1004 - Bearden (16)
5 HCS HB 1005 - Bearden (16)
6 HCS HB 1006 - Bearden (16)
7 HCS HB 1007 - Bearden (16)
8 HCS HB 1008 - Bearden (16)
9 HCS HB 1009 - Bearden (16)
10 HCS HB 1010 - Bearden (16)
11 HCS HB 1011 - Bearden (16)
12 HCS HB 1012 - Bearden (16)
HOUSE BILLS FOR PERFECTION
1 HCS HB 1105, 1062, 1111, 1113 & 1119 - Crawford
2 HCS HB 1380 - Lager
3 HCS HB 1150 - May
4 HB 1092 - Deeken
5 HCS HB 1207 - Icet (84)
6 HCS HB 774 - Sander (22)
7 HCS HB 843, 880 & 1042 - Angst (146)
8 HCS HB 1099 - Reinhart (34)
9 HB 1424 - Stefanick (93)
10 HB 773 - Icet (84)
11 HB 1302 - Lager (4)
12 HCS HB 1453 - Hanaway (87)
13 HCS HB 1085 - Townley (112)
14 HCS HB 1195 - Behnen (2)
15 HB 1337 - Nieves (98)
16 HCS HB 1617 - Hanaway (87)
17 HB 1109 - Crawford (117)
18 HB 1160 - Parker (12)
19 HCS HB 1243, 1094 & 931 - Mayer (159)
20 HB 1409 - Richard (129)
21 HB 1664 - Hanaway (87)
22 HB 1665 - Hanaway (87)
23 HB 844 - Mayer (159)
24 HCS HB 1477 & 1563 - Schaaf (28)
HOUSE JOINT RESOLUTION FOR THIRD READING
HS HCS HJR 39, 38, 42 & 47 - Engler (106)
HOUSE BILL FOR THIRD READING
HS HCS HB 1511 - Byrd (94)
HOUSE BILL FOR THIRD READING - FEDERAL MANDATE
HCS HB 1118, (Budget 4-01-04) - Schlottach (111)
HOUSE BILLS FOR THIRD READING - CONSENT
1 HCS HB 883 - Graham (24)
2 HB 1029, HCA 1 - Henke (11)
3 HB 1114 - Skaggs (31)
4 HCS HB 1524 - Ransdall (148)
5 HCS HB 1069 - Bivins (97)
6 HB 1454 - Swinger (162)
7 HB 1462 - Bean (163)
SENATE BILL FOR THIRD READING
HCS SB 1080 - Wallace (143)
BILLS IN CONFERENCE
1 HS HCS SS SCS SB 730, as amended - Portwood (92)
2 CCR SCS HCS HB 1014, as amended - Bearden (16)
3 CCR HCS SB 739, as amended - Myers (160)
VETOED HOUSE BILL
HCR 5 - Byrd (94)