Journal of the House

Second Regular Session, 92nd General Assembly

FORTY-SEVENTH DAY, Tuesday, April 6, 2004

The House met pursuant to adjournment.

            Speaker Hanaway in the Chair.

            Prayer by Reverend Donald W. Lammers.

              Blessed are You, Lord, God of all creation, whose goodness fills our hearts with joy. Blessed are You, who have brought us together this day to work in harmony and peace and to plan what is best for all the people of our State.

              Events of the last few days make it clear that our nation is still entangled in the violence of war in Iraq. Protect the men and women of our armed forces there. Grant the leaders of our nation and all the nations involved clarity of vision and right judgment to take the steps necessary for justice and true peace to take hold. Change minds and hearts that terrorist activity cease and that actions that provoke terrorism cease.

              In our work today, strengthen us with Your grace and wisdom for You are God for ever 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: Ryan Cerutti, Michael Barry, Meg Endicott, Tim Fagan, Madison Polk, Kendyl Thomas, Carrie Lewis, Kael Stoaks and Michael Penn.

            The Journal of the forty-sixth day was approved as corrected.

SPECIAL RECOGNITION

            Whitney Thomas was introduced by Representative Luetkemeyer and recognized as an Outstanding Missouri Student.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 1449

                        through

House Resolution No. 1476 - Representative Black

House Resolution No. 1477

                        through

House Resolution No. 1488 - Representative Hanaway

            House Resolution No. 1489

through

House Resolution No. 1491 - Representative Shoemyer

House Resolution No. 1492

                        through

House Resolution No. 1506 - Representative Wilson (119)

            House Resolution No. 1507 - Representative Crowell

SECOND READING OF HOUSE JOINT RESOLUTION

            HJR 56 was read the second time.

SECOND READING OF HOUSE BILLS

            HB 1715 through HB 1718 were read the second time.

PERFECTION OF HOUSE BILL

            HCS HB 1207, relating to levee districts, was taken up by Representative Icet.

            Representative Icet offered HS HCS HB 1207.

            Representative Bearden offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill No. 1207, Section 245.015, Page 1, Line 16, by inserting an open bracket “[“ before the word “a” and by inserting a closed bracket “]” after the word “fourth”; and

              Further amend said section, Lines 17 through 19, by striking all of said lines and inserting in lieu thereof the following:

              “any city, town, or village in this state not located within any county with a charter form of government and with more than two hundred fifty thousand but less than three hundred fifty thousand inhabitants, or in any third or fourth class city, town or village in this state which is located within any county with a charter form of government and with more than two hundred fifty thousand but less than three hundred fifty thousand inhabitants,”; and 

              Further amend said section, Page 2, Lines 1 and 2, by deleting all of said lines; and

              Further amend said section, Page 2, Line 3, by deleting the words “thousand inhabitants,”; and

              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

            Representative Dempsey offered House Amendment No. 1 to House Amendment No. 1.

House Amendment No. 1

to

House Amendment No. 1

AMEND House Amendment No. 1 to House Substitute for House Committee Substitute for House Bill No. 1207, Page 1, Section 245.015, Line 5, by inserting after the word “any” the following:

              “charter,”.

            Representative Dempsey moved that House Amendment No. 1 to House Amendment No. 1 be adopted.

            Which motion was defeated.

            On motion of Representative Bearden, House Amendment No. 1 was adopted.

            Representative Baker assumed the Chair.

            On motion of Representative Icet, HS HCS HB 1207, as amended, was adopted.

            On motion of Representative Icet, HS HCS HB 1207, as amended, was ordered perfected and printed.

BILL IN CONFERENCE

            CCR SCS HCS HB 1014, as amended, relating to appropriations, was taken up by Representative Bearden.

            On motion of Representative Bearden, CCR SCS HCS HB 1014, as amended, was adopted by the following vote:

            On motion of Representative Bearden, CCS SCS HCS HB 1014 was read the third time and passed by the following vote:

            Representative Baker declared the bill passed.

            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 Speaker Pro Tem Jetton.

            The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Emily Stenger and Ethan Stenger.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 1508 - Representative Miller

House Resolution No. 1509 - Representative Smith (118)

House Resolution No. 1510 - Representative Graham

House Resolution No. 1511

                        through

House Resolution No. 1524 - Representative Lembke

House Resolution No. 1525

                        through

House Resolution No. 1528 - Representative Johnson (61)

House Resolution No. 1529

                        through

House Resolution No. 1535 - Representative Wood

House Resolution No. 1536 - Representative Muckler

House Resolution No. 1537 - Representative Cunningham (145)

House Resolution No. 1538 - Representative Wright

House Resolution No. 1539 - Representative Jackson

House Resolution No. 1540 - Representative Sutherland

House Resolution No. 1541 - Representative Curls

House Resolution No. 1542

                        and

House Resolution No. 1543 - Representative Lipke

House Resolution No. 1544 - Representative Guest

House Resolution No. 1545 - Representative Roark

            House Resolution No. 1546 - Representative Pearce

INTRODUCTION OF HOUSE CONCURRENT RESOLUTION

            The following House Concurrent Resolution was read the first time and copies ordered printed:

HCR 36, introduced by Representative Hampton, relating to the designation of March 14th as "Pi Day" in Missouri.

INTRODUCTION OF HOUSE JOINT RESOLUTION

            The following House Joint Resolution was read the first time and copies ordered printed:

HJR 57, introduced by Representatives Sager, Page, Jolly, Wildberger, Harris (110), Burnett, Kuessner, Walker, Yaeger, Fraser, Curls, Hilgemann, Jones and Hoskins, relating to the physical and mental health of children.

INTRODUCTION OF HOUSE BILLS

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

HB 1719, introduced by Representatives Lembke, Portwood, Nieves and Threlkeld, relating to the motor vehicle emissions inspection program.

HB 1720, introduced by Representative Mayer, relating to aggravated trespass in a movie theater.

PERFECTION OF HOUSE BILLS - APPROPRIATIONS

            HB 1001, relating to appropriations, was taken up by Representative Bearden.

            HB 1001 was laid over.

            HCS HB 1002, relating to appropriations, was taken up by Representative Bearden.

            Representative Bearden offered HS HCS HB 1002.

            Representative Baker resumed the Chair.

            HCS HB 1002, with HS, pending, was laid over.

            HCS HB 1003, relating to appropriations, was taken up by Representative Bearden.

            Representative Bearden offered HS HCS HB 1003.

            Speaker Hanaway resumed the Chair.

            HCS HB 1003, with HS, pending, was laid over.

            HCS HB 1004, relating to appropriations, was taken up by Representative Bearden.

            Representative Bearden offered HS HCS HB 1004.

            Representative Pearce assumed the Chair.

            HCS HB 1004, with HS, pending, was laid over.

            HCS HB 1005, relating to appropriations, was taken up by Representative Bearden.

            Representative Bearden offered HS HCS HB 1005.

            Representative Lowe offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill No. 1005, Page 1, Section 5.005, Lines 4 through 6, by deleting the following language “, provided that the Commissioner does not require project labor agreements as part of any project requirement”; and

              Further amend said bill, Page 3, Section 5.045, Lines 4 through 6, by deleting the following language “, provided that the Division does not require project labor agreements as part of any project requirement”.

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

            Which motion was defeated by the following vote:

            Representative Seigfreid offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill No. 1005, Page 14, Section 5.275, Line 4, by deleting the number “$12,000,000" and inserting the number “$10,430,000" and adjust bill totals accordingly.

The intent of this amendment is to add “$1,570,000" to the Department of Agriculture for the Ethanol Incentive Program.

            Speaker Hanaway resumed the Chair.

            Representative Seigfreid moved that House Amendment No. 2 be adopted.

            Which motion was defeated by the following vote:

            Representative Johnson (90) requested a verification of the roll call on the motion to adopt House Amendment No. 2.

            Representative Roark offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bill No. 1005, Page 1, Section 5.005, Line 7, by deleting the number “2,508,950" and inserting the number “2,158,899"; and

              Further amend said section, Line 12, by deleting the “52.57 F.T.E.” and inserting “44.57 F.T.E."; and

              Further amend said bill, Page 2, Section 5.010, Line 5, by deleting the number “2,063,343" and inserting the number “1,988,859"; and

              Further amend said section, Line 5, by deleting “48.00 F.T.E.” and inserting “47.00 F.T.E.”; and

              Further amend said bill, Page 2, Section 5.030, Line 5, by deleting the number “6,750,975" and inserting the number “6,528,435"; and

              Further amend said section, Line 7, by deleting “178.65 F.T.E.” and inserting “175.15 F.T.E.”; and

              Further amend said bill, Page 3, Section 5.045, Line 7, by deleting the number “1,607,410" and inserting the number “1,476,056"; and

              Further amend said section, Line 11, by deleting “85.00 F.T.E.” and inserting “83.00 F.T.E.”; and

              Further amend said bill, Page 4, Section 5.055, Line 5, by deleting the number “2,761,602" and inserting the number “2,354,696"; and

              Further amend said section, Line 9, by deleting “66.97 F.T.E.” and inserting “58.97 F.T.E.”; and

              Further amend said bill, Page 4, Section 5.065, Line 5, by deleting the number “1,640,810" and inserting the number “1,459,310"; and

              Further amend said section, Line 5, by deleting “36.00 F.T.E.” and inserting “33.00 F.T.E.”; and

              Further amend said bill, Page 8, Section 5.145, Line 5, by deleting the number “1,142,598" and inserting the number “1,053,594"; and

              Further amend said section, Line 9, by deleting “91.50 F.T.E.” and inserting “90.00 F.T.E.”; and

              Further amend said bill, Page 9, Section 5.180, Line 3, by deleting said line and inserting in lieu thereof the following:

              “Personal Service and/or Expense and Equipment provided that not more than fifteen

              percent (15%) flexibility is allowed

From General Revenue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $244,743

              Personal Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64,127

              Expense and Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .71,265

From Federal Funds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .135,392

Total (Not to exceed 4.00 F.T.E.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $380,135"; and

              Adjust fringes, section and bill totals accordingly.

            Representative Dempsey assumed the Chair.

            Representative Henke offered House Substitute Amendment No. 1 for House Amendment No. 3.

            Representative Bearden raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 3 is in violation of Rule 45(g).

            Representative Dempsey requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

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

            Representative Roark offered House Amendment No. 4.

            House Amendment No. 4 was withdrawn.

            Representative Roark offered House Amendment No. 5.

            Representative Burnett raised a point of order that House Amendment No. 5 amends previously amended material.

            Speaker Hanaway resumed the Chair.

            The point of order on House Amendment No. 5 was withdrawn.

            House Amendment No. 5 was withdrawn.

            Representative Crowell, having voted on the prevailing side, moved that the vote by which House Amendment No. 3 was adopted, be reconsidered.

            Which motion was adopted by the following vote:

            House Amendment No. 3 was withdrawn.

            Representative Roark offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Committee Substitute for House Bill No. 1005, Page 1, Section 5.005, Line 7, by deleting the number “2,508,950" and inserting the number “2,158,899"; and

              Further amend said section, Line 12, by deleting the “52.57 F.T.E.” and inserting “44.57 F.T.E."; and

              Further amend said bill, Page 2, Section 5.010, Line 5, by deleting the number “2,063,343" and inserting the number “1,988,859"; and

              Further amend said section, Line 5, by deleting “48.00 F.T.E.” and inserting “47.00 F.T.E.”; and

              Further amend said bill, Page 2, Section 5.030, Line 5, by deleting the number “6,750,975" and inserting the number “6,528,435"; and

              Further amend said section, Line 7, by deleting “178.65 F.T.E.” and inserting “175.15 F.T.E.”; and

              Further amend said bill, Page 3, Section 5.045, Line 7, by deleting the number “1,607,410" and inserting the number “1,476,056"; and

              Further amend said section, Line 11, by deleting “85.00 F.T.E.” and inserting “83.00 F.T.E.”; and

              Further amend said bill, Page 4, Section 5.055, Line 5, by deleting the number “2,761,602" and inserting the number “2,354,696"; and

              Further amend said section, Line 9, by deleting “66.97 F.T.E.” and inserting “58.97 F.T.E.”; and

              Further amend said bill, Page 4, Section 5.065, Line 5, by deleting the number “1,640,810" and inserting the number “1,459,310"; and

              Further amend said section, Line 5, by deleting “36.00 F.T.E.” and inserting “33.00 F.T.E.”; and

              Further amend said bill, Page 8, Section 5.145, Line 5, by deleting the number “1,142,598" and inserting the number “1,053,594"; and

              Further amend said section, Line 9, by deleting “91.50 F.T.E.” and inserting “90.00 F.T.E.”; and

              Adjust fringes, section and bill totals accordingly.

            Representative Roark moved that House Amendment No. 6 be adopted.

            Which motion was defeated by the following vote:

            HCS HB 1005, with HS, pending, was laid over.

            HCS HB 1006, relating to appropriations, was taken up by Representative Bearden.

            Representative Bearden offered HS HCS HB 1006.

            Speaker Pro Tem Jetton resumed the Chair.

            HCS HB 1006, with HS, pending, was laid over.

            HCS HB 1007, relating to appropriations, was taken up by Representative Bearden.

            Representative Bearden offered HS HCS HB 1007.

            Representative Barnitz offered House Amendment No. 1.

            Representative Bearden raised a point of order that House Amendment No. 1 has increasing and decreasing amounts in the same amendment and is out of order.

            The Chair ruled the point of order well taken.

            Representative Barnitz offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill No. 1007, Pages 2-3, Section 7.020, by deleting lines 33 through 35, and inserting in lieu thereof the following:

“For Rolla Innovation Center. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .350,000

For Southeast Missouri Innovation Center. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .350,000

For St. Louis Innovation Center. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360,000".

            Representative Barnitz moved that House Amendment No. 2 be adopted.

            Which motion was defeated.

            Representative Bearden offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bill No. 1007, Page 17, Section 7.800, Line 5, by deleting the number “390,713383,052E” and inserting in lieu thereof the following:

“Personal Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 390,713E”.

            On motion of Representative Bearden, House Amendment No. 3 was adopted.

            Representative Bearden offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for House Bill No. 1007, Page 1, Section 7.005, Line 5, by deleting the number “1,699,680" and inserting in lieu thereof the number “1,698,726"; and

              Further amend said section, Line 6, by deleting the number “3,879,205" and inserting in lieu thereof the number “3,876,887"; and

              Further amend said bill, Page 17, Section 7.800, Line 9, by deleting the number “6,236,323" and inserting in lieu thereof the number “6,229,049" and adjust section totals and bill totals accordingly.

            On motion of Representative Bearden, House Amendment No. 4 was adopted.

            HCS HB 1007, with HS, as amended, pending, was laid over.

            HCS HB 1008, relating to appropriations, was taken up by Representative Bearden.

            Representative Bearden offered HS HCS HB 1008.

            Representative Harris (110) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill No. 1008, Pages 11-12, Section 8.150, Line 5, by deleting the number “5,646,625" and inserting the number “5,540,364" and adjusting the section total and bill totals accordingly.

The intent of this amendment is to reduce Water Patrol funding by $106,261 and using the same for the Dam Safety Inspection Program.

            Representative Harris (110) moved that House Amendment No. 1 be adopted.

            Which motion was defeated.

            HCS HB 1008, with HS, pending, was laid over.

            HCS HB 1009, relating to appropriations, was taken up by Representative Bearden.

            Representative Bearden offered HS HCS HB 1009.

            Representative Moore offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill No. 1009, Page 4, Section 9.100, Line 12, by deleting said line and inserting in lieu thereof the following:

              “Total (Not to exceed 283.16 F.T.E.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $9,180,262".

            On motion of Representative Moore, House Amendment No. 1 was adopted.

            Representative Harris (110) offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill No. 1009, Page 8, Section 9.280, Line 3, by inserting immediately after the word “Center” the following:

               “, provided that the Department of Corrections adjusts its staffing equalization plan for correctional officers at Potosi to restore enough correctional officers to reflect the needs of a C5 level facility which has severe and unique custody requirements”.

            On motion of Representative Harris (110), House Amendment No. 2 was adopted.

            HCS HB 1009, with HS, as amended, pending, was laid over.

            HCS HB 1008, with HS, pending, relating to appropriations, was again taken up by Representative Bearden.

            Representative Riback Wilson (25) offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill No. 1008, Page 13, Section 8.175, Lines 10-11, by deleting said lines and adjusting the section total accordingly.

The intent of this amendment is to add funding to the Missouri Veterans Homes.

            Representative Crowell moved the previous question.

            Which motion was adopted by the following vote:

            Representative Riback Wilson (25) moved that House Amendment No. 2 be adopted.

            Which motion was defeated by the following vote:

            Representative Johnson (90) requested a verification of the roll call on the motion to adopt House Amendment No. 2.

            Speaker Hanaway resumed the Chair.

            Representative Cooper (120) offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bill No. 1008, Page 20, Section 8.300, Line 4, by deleting the number “$26,371,000E” and inserting the number “$25,371,000; and

              Adjust bill totals accordingly.

The intent of this amendment is fund veterans homes.

            Representative Crowell moved the previous question.

            Which motion was adopted by the following vote: