Journal of the House


Second Regular Session, 92nd General Assembly




FIFTY-SIXTH DAY, Thursday, April 22, 2004

 

The House met pursuant to adjournment.


            Speaker Hanaway in the Chair.


            Prayer by Reverend Donald W. Lammers.


              "The Lord is the earth and its fullness; the world and those who dwell in it." (Psalm 24:1)


              Holy Lord, our God, on Earth Day we remember Your plan that we live in harmony with the earth, with nature and with all people as our neighbors.


              We wish to show our respect for You, the Creator, by our care for creation. May Your Holy Spirit guide us in our personal lives and in our professional lives to do our part in the protection and the care of the earth.


              O Lord, that seems easier than living in harmony with all other people on earth, making them our neighbors. May we never lose hope! Rather, by Your grace, may we and all other leaders make decisions that bring us closer and closer to living with all other people as neighbors.


              We pray to You who are our God, forever 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: Bryan Page, Brittany Sanders, Eric Isringhaus, Elizabeth Dreyer, Daniel Pfeffer, Breana O'Brien, John Meyers, Nick Powell, Melissa Beutenmiller, Joseph Clark, Micah Marshall and Zane Coleman.


            The Journal of the fifty-fifth day was approved as corrected.


SPECIAL RECOGNITION


            The 2004 State Champion Adair County RII High School Girls Basketball Tigers were introduced by Representative Behnen and recognized as Outstanding Missourians.


            The Van-Far Indians Basketball Team was introduced by Representative Witte and recognized for attaining the 2004 State Championship.


            Gale and Karen Culler were introduced by Representatives Smith (118) and Miller and recognized as Outstanding Missourians.

            Nick Moore was introduced by Representative Harris (110) and recognized as an Outstanding Missouri Student.

 

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 2031

                        and

            House Resolution No. 2032 - Representative Wilson (119)

            House Resolution No. 2033 - Representative St. Onge

House Resolution No. 2034

                        through

House Resolution No. 2036 - Representative Crowell

House Resolution No. 2037

                        and

House Resolution No. 2038 - Representative Lager

House Resolution No. 2039 - Representative Cooper (155)

House Resolution No. 2040 - Representative Cunningham (145)

            House Resolution No. 2041 - Representative Whorton

            House Resolution No. 2042 - Representatives Kuessner and Harris (110)

House Resolution No. 2043 - Representative Crowell

House Resolution No. 2044 - Representative Carnahan

House Resolution No. 2045 - Representatives Baker and Rector

House Resolution No. 2046

                        through

House Resolution No. 2048 - Representative Jetton

House Resolution No. 2049 - Representative Dethrow

            House Resolution No. 2050

through

House Resolution No. 2052 - Representative Jetton

            House Resolution No. 2053 - Representative Crowell

            House Resolution No. 2054 - Representative Wasson

            House Resolution No. 2055 - Representative Fares

House Resolution No. 2056 - Representative Donnelly

House Resolution No. 2057 - Representative Zweifel

House Resolution No. 2058 - Representative Bruns

House Resolution No. 2059 - Representative Lager

            House Resolution No. 2060

                        through

            House Resolution No. 2074 - Representative Jetton

 

INTRODUCTION OF HOUSE BILL


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


HB 1750, introduced by Representatives Yates, Hobbs, Brown, Threlkeld, Pratt and Dusenberg, relating to general assembly members salaries.

 

SECOND READING OF HOUSE BILL


            HB 1749 was read the second time.


COMMITTEE REPORT


            Committee on Budget, Chairman Bearden reporting:


            Madam Speaker: Your Committee on Budget, to which was referred HS HCS HB 1433 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.


            Representative Stevenson assumed the Chair.


THIRD READING OF HOUSE JOINT RESOLUTION


            HS HCS HJRs 39, 38, 42 & 47, relating to same-sex marriages, was taken up by Representative Engler.


            On motion of Representative Engler, HS HCS HJRs 39, 38, 42 & 47 was read the third time and passed by the following vote:


AYES: 132

 

Abel

Angst

Baker

Barnitz

Bean

Bearden

Behnen

Bishop

Bivins

Black

Bough

Bringer

Brown

Bruns

Byrd

Cooper 120

Cooper 155

Crawford

Crowell

Cunningham 145

Cunningham 86

Darrough

Davis 122

Davis 19

Deeken

Dempsey

Dethrow

Dixon

Dusenberg

El-Amin

Emery

Engler

Ervin

George

Goodman

Green

Guest

Hampton

Harris 110

Henke

Hobbs

Holand

Hunter

Icet

Jackson

Jetton

Johnson 47

Johnson 90

Kelly 144

Kelly 36

King

Kingery

Kratky

Kuessner

Lager

Lawson

Lembke

LeVota

Liese

Lipke

Luetkemeyer

Marsh

May

Mayer

McKenna

Meadows

Meiners

Miller

Moore

Morris

Muckler

Munzlinger

Myers

Nieves

Page

Parker

Pearce

Phillips

Portwood

Pratt

Purgason

Quinn

Ransdall

Rector

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

Taylor

Thompson

Threlkeld

Townley

Viebrock

Wagner

Wallace

Walsh

Walton

Ward

Wasson

Whorton

Wildberger

Willoughby

Wilson 119

Wilson 130

Witte

Wood

Wright

Yaeger

Yates

Young

Zweifel

 Madam Speaker

 

 

NOES: 023

 

Brooks

Burnett

Campbell

Carnahan

Corcoran

Curls

Daus

Donnelly

Dougherty

Fraser

Graham

Harris 23

Haywood

Hoskins

Hubbard

Jones

Lowe

Sager

Villa

Vogt

Walker

Wilson 25

Wilson 42

 

 

PRESENT: 000

 

ABSENT WITH LEAVE: 008

 

Avery

Bland

Boykins

Fares

Hilgemann

Johnson 61

Jolly

Reinhart

 


            Representative Stevenson declared the bill passed.


            Speaker Hanaway resumed the Chair.

 

MESSAGE FROM THE SENATE


            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted the Conference Committee Report on SS#2 SS SCS HS HCS HB 1304, as amended, and has taken up and passed CCS SS#2 SS SCS HS HCS HB 1304.


SIGNING OF HOUSE BILL


            All other business of the House was suspended while CCS SS#2 SS SCS HS HCS HB 1304 was read at length and, there being no objection, was signed by the Speaker to the end that the same may become law.


            Having been duly signed in open session of the Senate, CCS SS#2 SS SCS HS HCS HB 1304 was delivered to the Governor by the Chief Clerk of the House.


            Representative Stevenson resumed the Chair.


THIRD READING OF HOUSE BILLS


            HS HB 1409, relating to enterprise zones, was taken up by Representative Dempsey.


            Representative Crowell moved the previous question.


            Which motion was adopted by the following vote:




AYES: 088

 

 

 

 

 

 

 

 

 

Angst

Baker

Bean

Bearden

Behnen

Bivins

Black

Bough

Brown

Bruns

Byrd

Cooper 120

Cooper 155

Crawford

Crowell

Cunningham 145

Cunningham 86

Davis 19

Deeken

Dempsey

Dethrow

Dixon

Dusenberg

Emery

Engler

Ervin

Fares

Goodman

Guest

Hobbs

Holand

Hunter

Icet

Jackson

Jetton

Johnson 47

Kelly 144

King

Kingery

Lager

Lembke

Lipke

Luetkemeyer

Marsh

May

Mayer

Miller

Moore

Morris

Munzlinger

Myers

Nieves

Parker

Pearce

Phillips

Portwood

Pratt

Purgason

Quinn

Rector

Richard

Roark

Ruestman

Rupp

Sander

Schaaf

Schlottach

Schneider

Self

Shoemaker

Smith 118

Smith 14

St. Onge

Stefanick

Stevenson

Sutherland

Taylor

Threlkeld

Townley

Viebrock

Wallace

Wasson

Wilson 119

Wilson 130

Wood

Wright

Yates

Madam Speaker

 

 

 

 

 

 

 

NOES: 070

 

 

 

 

 

 

 

 

 

Abel

Barnitz

Bishop

Boykins

Bringer

Brooks

Burnett

Campbell

Carnahan

Corcoran

Curls

Darrough

Daus

Davis 122

Donnelly

Dougherty

El-Amin

Fraser

George

Graham

Green

Hampton

Harris 110

Harris 23

Haywood

Henke

Hoskins

Hubbard

Johnson 90

Jolly

Jones

Kelly 36

Kratky

Kuessner

Lawson

LeVota

Liese

Lowe

McKenna

Meadows

Meiners

Muckler

Page

Ransdall

Sager

Salva

Schoemehl

Seigfreid

Selby

Shoemyer

Skaggs

Spreng

Swinger

Thompson

Villa

Vogt

Wagner

Walker

Walsh

Walton

Ward

Whorton

Wildberger

Willoughby

Wilson 25

Wilson 42

Witte

Yaeger

Young

Zweifel

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 005                                                           

 

 

 

 

 

Avery

Bland

Hilgemann

Johnson 61

Reinhart


            On motion of Representative Dempsey, HS HB 1409 was read the third time and passed by the following vote:


AYES: 098

 

 

 

 

 

 

 

 

 

Abel

Angst

Baker

Bean

Bearden

Behnen

Bivins

Black

Bough

Brown

Bruns

Byrd

Cooper 120

Cooper 155

Crawford

Crowell

Cunningham 145

Cunningham 86

Darrough

Davis 19

Deeken

Dempsey

Dethrow

Dixon

Dougherty

Dusenberg

Emery

Engler

Ervin

Fares

Goodman

Guest

Harris 23

Hobbs

Hunter

Icet

Jackson

Jetton

Johnson 47

Kelly 144

King

Kingery

Lager

Lembke

LeVota

Lipke

Luetkemeyer

May

Mayer

Miller

Moore

Morris

Munzlinger

Nieves

Page

Parker

Pearce

Phillips

Portwood

Pratt

Purgason

Quinn

Ransdall

Rector

Richard

Roark

Ruestman

Rupp

Sager

Salva

Sander

Schaaf

Schlottach

Schneider

Self

Shoemaker

Skaggs

Smith 118

Smith 14

St. Onge

Stefanick

Stevenson

Sutherland

Taylor

Threlkeld

Townley

Viebrock

Wallace

Wasson

Whorton

Wilson 119

Wilson 130

Witte

Wood

Wright

Yates

Young

Madam Speaker

 

 

 

 

 

 

 

NOES: 054

 

 

 

 

 

 

 

 

 

Barnitz

Bishop

Bringer

Brooks

Burnett

Campbell

Carnahan

Corcoran

Curls

Daus

Davis 122

Donnelly

El-Amin

Fraser

George

Graham

Green

Hampton

Harris 110

Haywood

Henke

Hoskins

Hubbard

Johnson 90

Jolly

Jones

Kelly 36

Kuessner

Lawson

Liese

Lowe

McKenna

Meadows

Meiners

Muckler

Schoemehl

Selby

Shoemyer

Spreng

Swinger

Thompson

Villa

Vogt

Wagner

Walker

Walsh

Walton

Ward

Wildberger

Willoughby

Wilson 25

Wilson 42

Yaeger

Zweifel

 

 

 

 

 

 

PRESENT: 004

 

 

 

 

 

 

 

 

 

Boykins

Holand

Kratky

Seigfreid

 

 

 

 

 

 

ABSENT WITH LEAVE: 007                                                           

 

 

 

 

 

Avery

Bland

Hilgemann

Johnson 61

Marsh

Myers

Reinhart

 

 

 


            Representative Stevenson declared the bill passed.


            HS HCS HBs 1477 & 1563, relating to the Missouri Hospital Infection Control Act, was taken up by Representative Schaaf.


            On motion of Representative Schaaf, HS HCS HBs 1477 & 1563 was read the third time and passed by the following vote:


AYES: 155

 

 

 

 

 

 

 

 

 

Abel

Angst

Baker

Barnitz

Bean

Bearden

Behnen

Bishop

Bivins

Black

Bough

Boykins

Bringer

Brooks

Brown

Bruns

Burnett

Byrd

Campbell

Carnahan

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

Guest

Hampton

Harris 110

Harris 23

Haywood

Henke

Hobbs

Holand

Hoskins

Hunter

Icet

Jackson

Jetton

Johnson 47

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

Roark

Ruestman

Rupp

Sager

Salva

Sander

Schaaf

Schlottach

Schneider

Schoemehl

Seigfreid

Selby

Self

Shoemaker

Shoemyer

Skaggs

Smith 118

Smith 14

Spreng

St. Onge

Stefanick

Stevenson

Sutherland

Swinger

Taylor

Thompson

Threlkeld

Townley

Viebrock

Villa

Vogt

Wagner

Walker

Wallace

Walsh

Walton

Ward

Wasson

Whorton

Wildberger

Willoughby

Wilson 119

Wilson 130

Wilson 25

Wilson 42

Witte

Wood

Wright

Yaeger

Yates

Zweifel

Madam Speaker

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Richard

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007                                                           

 

 

 

 

 

Avery

Bland

Hilgemann

Hubbard

Johnson 61

Reinhart

Young

 

 

 


            Representative Stevenson declared the bill passed.


            Speaker Pro Tem Jetton assumed the Chair.


            HB 844, relating to the Open Contracting Act, was taken up by Representative Mayer.


            On motion of Representative Mayer, HB 844 was read the third time and passed by the following vote:


AYES: 084

 

Angst

Bean

Bearden

Behnen

Bivins

Black

Bough

Brown

Bruns

Byrd

Cooper 120

Cooper 155

Crawford

Crowell

Cunningham 145

Cunningham 86

Davis 19

Deeken

Dempsey

Dethrow

Dixon

Dusenberg

El-Amin

Emery

Engler

Ervin

Fares

Goodman

Guest

Hobbs

Holand

Hunter

Icet

Jackson

Jetton

Johnson 47

Kelly 144

King

Kingery

Lager

Lipke

Luetkemeyer

May

Mayer

Miller

Moore

Morris

Munzlinger

Myers

Nieves

Pearce

Phillips

Portwood

Pratt

Purgason

Quinn

Rector

Richard

Roark

Ruestman

Rupp

Sander

Schaaf

Schlottach

Self

Shoemaker

Smith 118

Smith 14

St. Onge

Stefanick

Stevenson

Sutherland

Threlkeld

Townley

Viebrock

Wallace

Walton

Wasson

Wilson 119

Wilson 130

Wood

Wright

Yates

 Madam Speaker

 

 

NOES: 069

 

Abel

Baker

Barnitz

Bishop

Bringer

Burnett

Campbell

Carnahan

Corcoran

Curls

Darrough

Daus

Davis 122

Donnelly

Dougherty

Fraser

George

Graham

Green

Hampton

Harris 110

Harris 23

Haywood

Henke

Hoskins

Hubbard

Johnson 90

Jolly

Jones

Kelly 36

Kratky

Kuessner

Lawson

Lembke

LeVota

Liese

Lowe

McKenna

Meadows

Meiners

Muckler

Page

Parker

Ransdall

Sager

Salva

Schneider

Schoemehl

Seigfreid

Selby

Shoemyer

Skaggs

Spreng

Swinger

Thompson

Villa

Vogt

Wagner

Walker

Walsh

Ward

Whorton

Wildberger

Willoughby

Wilson 25

Wilson 42

Witte

Yaeger

Zweifel

 

 

PRESENT: 002

 

Brooks

Taylor

 

 

ABSENT WITH LEAVE: 008

 

Avery

Bland

Boykins

Hilgemann

Johnson 61

Marsh

Reinhart

Young

 

 

            Speaker Pro Tem Jetton declared the bill passed.


            Speaker Hanaway resumed the Chair.


            Speaker Pro Tem Jetton resumed the Chair.


            HS HCS HB 1433, relating to watershed improvement districts, was taken up by Representative Wood.

 

            On motion of Representative Wood, HS HCS HB 1433 was read the third time and passed by the following vote:


AYES: 153

 

 

 

 

 

 

 

 

 

Angst

Baker

Barnitz

Bean

Bearden

Behnen

Bishop

Bivins

Black

Bough

Boykins

Bringer

Brown

Bruns

Burnett

Byrd

Campbell

Carnahan

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

Guest

Hampton

Harris 110

Harris 23

Haywood

Henke

Hobbs

Holand

Hoskins

Hubbard

Hunter

Icet

Jackson

Jetton

Johnson 47

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

Richard

Roark

Ruestman

Rupp

Sager

Salva

Sander

Schaaf

Schneider

Schoemehl

Seigfreid

Selby

Self

Shoemaker

Shoemyer

Skaggs

Smith 118

Smith 14

Spreng

St. Onge

Stefanick

Stevenson

Sutherland

Swinger

Taylor

Thompson

Threlkeld

Townley

Viebrock

Villa

Vogt

Walker

Wallace

Walsh

Walton

Ward

Wasson

Whorton

Wildberger

Willoughby

Wilson 119

Wilson 130

Wilson 25

Wilson 42

Witte

Wood

Wright

Yaeger

Yates

Zweifel

Madam Speaker

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 010                                                           

 

 

 

 

 

Abel

Avery

Bland

Brooks

Hilgemann

Johnson 61

Reinhart

Schlottach

Wagner

Young


            Speaker Pro Tem Jetton declared the bill passed.


            HCS HB 1093, relating to the rights of persons with service dogs, was taken up by Representative Deeken.


            On motion of Representative Deeken, HCS HB 1093 was read the third time and passed by the following vote:


AYES: 150

 

Angst

Baker

Barnitz

Bean

Bearden

Behnen

Bishop

Bivins

Black

Bough

Boykins

Bringer

Brown

Bruns

Burnett

Byrd

Campbell

Cooper 120

Cooper 155

Corcoran

Crawford

Crowell

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis 122

Davis 19

Dempsey

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Engler

Ervin

Fares

Fraser

George

Goodman

Graham

Green

Guest

Hampton

Harris 110

Harris 23

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hunter

Icet

Jackson

Jetton

Johnson 47

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

Richard

Roark

Ruestman

Rupp

Sager

Salva

Sander

Schaaf

Schlottach

Schneider

Schoemehl

Seigfreid

Selby

Self

Shoemaker

Shoemyer

Skaggs

Smith 118

Smith 14

Spreng

St. Onge

Stefanick

Stevenson

Sutherland

Swinger

Taylor

Thompson

Threlkeld

Townley

Viebrock

Villa

Vogt

Walker

Wallace

Walsh

Walton

Ward

Wasson

Whorton

Wildberger

Willoughby

Wilson 119

Wilson 130

Wilson 25

Wilson 42

Witte

Wood

Wright

Yaeger

Yates

Zweifel

 Madam Speaker

 

NOES: 001

 

Emery

 

 

PRESENT: 000

 

ABSENT WITH LEAVE: 012

 

Abel

Avery

Bland

Brooks

Carnahan

Deeken

Hilgemann

Holand

Johnson 61

Reinhart

Wagner

Young

 


            Speaker Pro Tem Jetton declared the bill passed.


            Speaker Hanaway resumed the Chair.

 

REFERRAL OF HOUSE BILLS


            The following House Bills were referred to the Committee indicated:


HB 1089 - Health Care Policy

HB 1721 - Judiciary

HB 1730 - Budget

HB 1731 - Judiciary

HB 1732 - Education

HB 1733 - Crime Prevention and Public Safety

HB 1734 - Special Committee on General Laws

HB 1735 - Senior Security

HB 1736 - Crime Prevention and Public Safety

HB 1737 - Education

HB 1738 - Health Care Policy

HB 1739 - Small Business

HB 1740 - Professional Registration and Licensing

HB 1741 - Retirement

HB 1742 - Tourism and Cultural Affairs

HB 1743 - Judiciary

HB 1744 - Elections

HB 1745 - Elections

HB 1746 - Transportation and Motor Vehicles

HB 1747 - Tax Policy

HB 1748 - Children and Families

HB 1749 - Tax Policy

 

COMMITTEE REPORTS


            Committee on Budget, Chairman Bearden reporting:


            Madam Speaker: Your Committee on Budget, to which was referred HB 1548, begs leave to report it has examined the same and recommends that it Do Pass.


            Committee on Children and Families, Chairman Phillips reporting:


            Madam Speaker: Your Committee on Children and Families, to which was referred HB 1339, begs leave to report it has examined the same and recommends that it Do Pass.


            Committee on Conservation and Natural Resources, Chairman Townley reporting:


            Madam Speaker: Your Committee on Conservation and Natural Resources, to which was referred SCS SB 901, begs leave to report it has examined the same and recommends that it Do Pass by Consent with House Committee Amendment No. 1.


House Committee Amendment No. 1


AMEND Senate Committee Substitute for Senate Bill No. 901, Page 4, Section 260.370, Line 104, by inserting immediately after the words “a conflict” the following:


              concerning authority for risk-based remediation rules”; and


              Further amend said page, Line 105 of said page, by inserting immediately after the figure “644.026" the following:


              (8)”; and


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


            Committee on Crime Prevention and Public Safety, Chairman Mayer reporting:


            Madam Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred SS SS SCS SB 715, begs leave to report it has examined the same and recommends that it Do Pass.


            Committee on Education, Chairman Cunningham (86) reporting:


            Madam Speaker: Your Committee on Education, to which was referred SCS SB 945, SB 803 and SB 1257, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.


            Madam Speaker: Your Committee on Education, to which was referred SS SCS SB 968 and SCS SB 969, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.


            Committee on Elections, Chairman May reporting:


            Madam Speaker: Your Committee on Elections, to which was referred SCS SB 1091, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.


            Committee on Financial Services, Chairman Luetkemeyer reporting:


            Madam Speaker: Your Committee on Financial Services, to which was referred SCS SB 1038, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.


            Committee on Homeland Security and Veterans Affairs, Chairman Jackson reporting:


            Madam Speaker: Your Committee on Homeland Security and Veterans Affairs, to which was referred SCS SB 1365, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.


            Committee on Judiciary, Chairman Byrd reporting:


            Madam Speaker: Your Committee on Judiciary, to which was referred SB 884, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.


            Madam Speaker: Your Committee on Judiciary, to which was referred SCS SB 921, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


            Madam Speaker: Your Committee on Judiciary, to which was referred SB 1111, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


            Committee on Local Government, Chairman Johnson (47) reporting:


            Madam Speaker: Your Committee on Local Government, to which was referred SS SB 732, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.


            Madam Speaker: Your Committee on Local Government, to which was referred SB 769, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.


            Madam Speaker: Your Committee on Local Government, to which was referred SCS SB 782, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.


            Madam Speaker: Your Committee on Local Government, to which was referred SCS SB 942, 850 & 841, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.


            Madam Speaker: Your Committee on Local Government, to which was referred SB 951, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


            Madam Speaker: Your Committee on Local Government, to which was referred SB 1055, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


            Madam Speaker: Your Committee on Local Government, to which was referred SS SCS SB 1081, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.


            Madam Speaker: Your Committee on Local Government, to which was referred SCS SB 1093, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.


            Madam Speaker: Your Committee on Local Government, to which was referred SCS SB 1106, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.


            Madam Speaker: Your Committee on Local Government, to which was referred SB 1107, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


            Committee on Retirement, Chairman Smith (118) reporting:


            Madam Speaker: Your Committee on Retirement, to which was referred SB 1130, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


            Committee on Rules, Chairman Crowell reporting:


            Madam Speaker: Your Committee on Rules, to which was referred HR 6, begs leave to report it has examined the same and recommends that it Do Pass.




HOUSE RESOLUTION NO. 6


              WHEREAS, the Preamble to the Missouri Constitution states:

 

"We, the people of Missouri, with profound reverence for the Supreme Ruler of the Universe, and grateful for His goodness, do establish this Constitution for the better government of the state."; and


              WHEREAS, as a legislative body elected to serve the people of the State of Missouri, the display of the Preamble to the Missouri will provide a continuing and lasting reminder to our membership and all those who enter the House Chamber of the purpose for the establishment of the Missouri Constitution; and

 

              WHEREAS, the House of Representatives should solicit design proposals and establish procedures for the selection of an appropriate design for the prominent display of the Preamble of the Missouri Constitution in the House Chamber:


              NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-second General Assembly, direct that the Preamble to the Missouri Constitution be prominently displayed in the House Chamber and the costs associated with the creation and installation be paid for by donations from members of the House of Representatives.


            Special Committee on General Laws, Chairman Wright reporting:


            Madam Speaker: Your Special Committee on General Laws, to which was referred SCS SB 1172, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


            Committee on Tax Policy, Chairman Cooper (120) reporting:


            Madam Speaker: Your Committee on Tax Policy, to which was referred SB 1012, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.


            Committee on Transportation and Motor Vehicles, Chairman Crawford reporting:


            Madam Speaker: Your Committee on Transportation and Motor Vehicles, to which was referred SCS SB 757, begs leave to report it has examined the same and recommends that it Do Pass by Consent with House Committee Amendment No. 1.


House Committee Amendment No. 1


AMEND Senate Committee Substitute for Senate Bill No. 757, Page 10, Section 301.069, Line 12, by inserting after all of said line the following:


              "302.775. The provisions of sections 302.700 to 302.780 shall not apply to:

              (1) Any person driving a farm vehicle as defined in section 302.700;

              (2) Any active duty military personnel, members of the reserves and national guard on active duty, including personnel on full-time national guard duty, personnel on part-time training and national guard military technicians, while driving military vehicles for military purposes;

              (3) Any person who drives emergency or fire equipment necessary to the preservation of life or property or the execution of emergency governmental functions under emergency conditions;

              (4) Any person qualified to operate the equipment under subdivision (3) of this section when operating such equipment in other functions such as parades, special events, repair, service or other authorized movements;

              (5) Any person driving or pulling a recreational vehicle, as defined in sections 301.010 and 700.010, RSMo, for personal use; and

              [(5)] (6) Any other class of persons exempted by rule or regulation of the director, which rule or regulation is in compliance with the Commercial Motor Vehicle Safety Act of 1986 and any amendments or regulations drafted to that act.

              304.022. 1. Upon the immediate approach of an emergency vehicle giving audible signal by siren or while having at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle or a flashing blue light authorized by section 307.175, RSMo, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as far as possible to the right of, the traveled portion of the highway and thereupon stop and remain in such position until such emergency vehicle has passed, except when otherwise directed by a police or traffic officer.

              2. Upon approaching a stationary emergency vehicle displaying lighted red or red and blue lights, the driver of every motor vehicle shall:

              (1) Proceed with caution and yield the right-of-way, if possible with due regard to safety and traffic conditions, by making a lane change into a lane not adjacent to that of the stationary vehicle, if on a roadway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle; or

              (2) Proceed with due caution and reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be unsafe or impossible.

              3. The motorman of every streetcar shall immediately stop such car clear of any intersection and keep it in such position until the emergency vehicle has passed, except as otherwise directed by a police or traffic officer.

              4. An "emergency vehicle" is a vehicle of any of the following types:

              (1) A vehicle operated by the state highway patrol, the state water patrol or a state park ranger, those vehicles operated by enforcement personnel [by the division of motor carrier and railroad safety of the department of economic development] of the state highways and transportation commission, police or fire department, sheriff, constable or deputy sheriff, federal law enforcement officer authorized to carry firearms and to make arrests for violations of the laws of the United States, traffic officer or coroner or by a privately owned emergency vehicle company;

              (2) A vehicle operated as an ambulance or operated commercially for the purpose of transporting emergency medical supplies or organs;

              (3) Any vehicle qualifying as an emergency vehicle pursuant to section 307.175, RSMo;

              (4) Any wrecker, or tow truck or a vehicle owned and operated by a public utility or public service corporation while performing emergency service;

              (5) Any vehicle transporting equipment designed to extricate human beings from the wreckage of a motor vehicle;

              (6) Any vehicle designated to perform emergency functions for a civil defense or emergency management agency established pursuant to the provisions of chapter 44, RSMo;

              (7) Any vehicle operated by an authorized employee of the department of corrections, who as part of the employee's official duties, is responding to a riot, disturbance, hostage incident, escape or other critical situation where there is the threat of serious physical injury or death, responding to mutual aid call from another criminal justice agency, or in accompanying an ambulance which is transporting an offender to a medical facility;

              (8) Any vehicle designated to perform hazardous substance emergency functions established pursuant to the provisions of sections 260.500 to 260.550, RSMo.

              5. (1) The driver of any vehicle referred to in subsection 4 of this section shall not sound the siren thereon or have the front red lights or blue lights on except when such vehicle is responding to an emergency call or when in pursuit of an actual or suspected law violator, or when responding to, but not upon returning from, a fire;

              (2) The driver of an emergency vehicle may:

              (a) Park or stand irrespective of the provisions of sections 304.014 to 304.026;

              (b) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

              (c) Exceed the prima facie speed limit so long as the driver does not endanger life or property;

              (d) Disregard regulations governing direction of movement or turning in specified directions;

              (3) The exemptions [herein] granted to an emergency vehicle pursuant to subdivision (2) of this subsection shall apply only when the driver of any such vehicle while in motion sounds audible signal by bell, siren, or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a red light or blue light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle.

              6. No person shall purchase an emergency light as described in this section without furnishing the seller of such light an affidavit stating that the light will be used exclusively for emergency vehicle purposes.

              7. Violation of this section shall be deemed a class C misdemeanor.

              307.175. Motor vehicles and equipment which are operated by any member of an organized fire department, ambulance association, or rescue squad, whether paid or volunteer, may be operated on streets and highways in this state as an emergency vehicle under the provisions of section 304.022, RSMo, while responding to a fire call or ambulance call or at the scene of a fire call or ambulance call and while using or sounding a warning siren and [while] using or displaying thereon fixed, flashing or rotating blue lights, but sirens and blue lights shall be used only in bona fide emergencies. Permits for the operation of such vehicles equipped with sirens or blue lights shall be in writing and shall be issued and may be revoked by the chief of an organized fire department, organized ambulance association, or rescue squad and no person shall use or display a siren or blue lights on a motor vehicle, fire, ambulance, or rescue equipment without a valid permit authorizing the use. Permit to use a siren or lights as heretofore set out does not relieve the operator of the vehicle so equipped with complying with all other traffic laws and regulations. Violation of this section constitutes a class A misdemeanor."; and


              Further amend said bill, Page 13, Section 390.020, Line 124, by inserting after all of said line the following:

 

              "Section B. Because immediate action is necessary to ensure the efficient operation of emergency vehicles, the repeal and reenactment of sections 302.775, 304.022, and 307.775 of section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and are hereby declared to be an emergency act within the meaning of the constitution, and the repeal and reenactment of sections 302.775, 304.022, and 307.775 of section A of this act shall be in full force and effect upon its passage and approval."; and


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


            Madam Speaker: Your Committee on Transportation and Motor Vehicles, to which was referred SCS SB 767, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


            Madam Speaker: Your Committee on Transportation and Motor Vehicles, to which was referred SB 824, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.


            Madam Speaker: Your Committee on Transportation and Motor Vehicles, to which was referred SB 899, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


            Madam Speaker: Your Committee on Transportation and Motor Vehicles, to which was referred SCS SB 956, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


            Madam Speaker: Your Committee on Transportation and Motor Vehicles, to which was referred SCS SB 992, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


            Madam Speaker: Your Committee on Transportation and Motor Vehicles, to which was referred SCS SB 1006, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

 

REFERRAL OF SENATE BILLS


            The following Senate Bills were referred to the Committee indicated:


SS SS SCS SB 715 - Budget (Fiscal Note)

SB 807 - Judiciary

SB 1166 - Local Government

SCS SB 1171 - Homeland Security and Veterans Affairs

SS SCS SB 1183 - Local Government

SCS SBs 1233, 840 & 1043 - Transportation and Motor Vehicles

SB 1394 - Tax Policy


            The following member's presence was noted: Hilgemann.


ADJOURNMENT


            On motion of Representative Crowell, the House adjourned until 4:00 p.m., Monday, April 26, 2004.

 

CORRECTIONS TO THE HOUSE JOURNAL


            Correct House Journal, Tuesday, April 20, 2004, Page 1142, Line 31, by inserting immediately after said line the following:


REFERRAL OF HOUSE BILL


            The following House Bill was referred to the Committee indicated:


SS SCS SB 1279 - Health Care Policy


AFFIDAVITS


I, State Representative Tim Meadows, District 101, hereby state and affirm that my votes as recorded on Page 1168 of the House Journal for Wednesday, April 21, 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 22nd day of April 2004.


                                                                                                    /s/ Tim Meadows

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )




Subscribed and sworn to before me this 22nd day of April in the year 2004.


                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

___________


I, State Representative Bryan Pratt, District 55, hereby state and affirm that my votes as recorded on Pages 1172 and 1173 of the House Journal for Wednesday, April 21, 2004 showing that I voted absent with leave were 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 these votes were taken, I did in fact vote, and my votes or absence were incorrectly recorded.


IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 22nd day of April 2004.


                                                                                                    /s/ Bryan Pratt

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )


Subscribed and sworn to before me this 22nd day of April in the year 2004.


                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

___________


I, State Representative Ron Richard, District 129, hereby state and affirm that my votes as recorded on Pages 1170 and 1171 of the House Journal for Wednesday, April 21, 2004 showing that I voted absent with leave were 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 these votes were taken, I did in fact vote, and my votes or absence were incorrectly recorded.


IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 22nd day of April 2004.


                                                                                                    /s/ Ron Richard

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )


Subscribed and sworn to before me this 22nd day of April in the year 2004.


                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

___________


I, State Representative Jay Wasson, District 141, hereby state and affirm that my vote as recorded on Page 1175 of the House Journal for Wednesday, April 21, 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 22nd day of April 2004.


                                                                                                    /s/ Jay Wasson

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )


Subscribed and sworn to before me this 22nd day of April in the year 2004.


                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

 

COMMITTEE MEETINGS


AGRICULTURE

Tuesday, April 27, 2004, 12:00 p.m. Hearing Room 1.

Presentations by Food and Agriculture Policy Research Institute - University of Missouri;

Farm Credit. Possible Executive session.


BUDGET

Tuesday, April 27, 2004, 8:00 a.m. Hearing Room 3.

Fiscal Review; Possible Executive session.

Hear other bills that may be assigned or referred to committee for fiscal review.


CHILDREN AND FAMILIES

Tuesday, April 27, 2004, Hearing Room 1 upon evening adjournment.

Public hearings to be held on: SCS#2 SB 762, SCR 24

Executive session may be held on: HB 799, HB 1551


CORRECTIONS AND STATE INSTITUTIONS

Tuesday, April 27, 2004, Hearing Room 4 upon evening adjournment.

Executive session.

Public hearings to be held on: SCS SB 1044, SB 1322


CRIME PREVENTION AND PUBLIC SAFETY

Tuesday, April 27, 2004, Hearing Room 3 upon afternoon adjournment.

Public hearings to be held on: HB 1643, HB 983, HB 1081

Executive session will be held on: SS SCS SCR 36, SCS SB 1265, SCS SB 1225, HB 1479, HB 918


ELECTIONS

Tuesday, April 27, 2004, Hearing Room 7 upon evening adjournment.

Executive session to precede the public hearing.

Public hearing to be held on: HB 1569




FINANCIAL SERVICES

Tuesday, April 27, 2004, 12:00 p.m. Hearing Room 6.

Executive session.


JOINT COMMITTEE ON CORRECTIONS

Monday, May 3, 2004, 12:00 p.m. Hearing Room 7.

Status of Chillicothe Correctional Center; Report from the Department of Corrections;

Report from Design & Construction on Jefferson City Correctional Center, Randy Allen;

Committee tour schedule.


JOINT COMMITTEE ON PUBLIC EMPLOYEE RETIREMENT

Thursday, April 29, 2004, 8:00 a.m. Hearing Room 7.

2nd Quarter Meeting.


LOCAL GOVERNMENT

Monday, April 26, 2004, 3:00 p.m. Hearing Room 6.

Executive session will be held on: SB 1391, SB 1329, SCS SB 758, SCR 23, SB 1114


                                                           HOUSE CALENDAR


FIFTY-SEVENTH DAY, MONDAY, APRIL 26, 2004


HOUSE BILL FOR SECOND READING


HB 1750


HOUSE JOINT RESOLUTION FOR PERFECTION


HCS HJR 28 - Roark (139)


HOUSE BILLS FOR PERFECTION


1          HCS HB 1105, 1062, 1111, 1113 & 1119 - Crawford (117)

2          HCS HB 1380 - Lager (4)

3          HCS HB 1150 - May (149)

4          HB 1092 - Deeken (114)

5          HCS HB 843, 880 & 1042 - Angst (146)

6          HB 1424 - Stefanick (93)

7          HB 1302 - Lager (4)

8          HCS HB 1085, HA 6 and HS, as amended, pending - Townley (112)

9          HB 1337 - Nieves (98)

10        HB 1109 - Crawford (117)

11        HCS HB 1243, 1094 & 931 - Mayer (159)

12        HCS HB 1267 - Cooper (120)

13        HB 1408 - Mayer (159)

14        HCS HB 1671 - Hanaway (87)

15        HCS HB 1181 & 1719 - Selby (105)

16        HB 1339 - Cunningham (86)

17        HB 1548 - Crawford (117)


HOUSE BILL FOR PERFECTION - INFORMAL


HB 1599, HSA 1 for HA 1, HA 1 and HS, pending - Ervin (35)


HOUSE CONCURRENT RESOLUTION FOR THIRD READING


HCR 21, (4-21-04, Pages 1178-1179) - Ruestman (131)


HOUSE BILL FOR THIRD READING


HCS HB 1099, (Budget 4-21-04) - Reinhart (34)


HOUSE BILLS FOR THIRD READING - CONSENT


1          HCS HB 1524 - Ransdall (148)

2          HCS HB 1069 - Bivins (97)


SENATE BILLS FOR THIRD READING - CONSENT


SCS SB 878 - Rector (124)


 (4/19/04)


SCS SB 1331 - Bivins (97)


 (4/26/04)


1          HCS SS SB 732 - Johnson (47)

2          HCS SB 884 - Lager (4)

3          SCS SB 921, E.C. - Byrd (94)

4          SCS SB 1006 - Page (82)

5          SB 1111 - Lager (4)

6          SB 1107 - Schaaf (28)

7          HCS SCS SB 1106, E.C. - Schaaf (28)

8          HCS SCS SB 1093 - Hanaway (87)

9          SCS SB 1091 - Parker (12)

10        SB 1055 - Johnson (47)

11        HCS SB 1012, E.C. - Baker (123)

12        SCS SB 992 - Mayer (159)

13        SCS SB 956 - Wilson (119)

14        SB 951 - Threlkeld (109)

15        HCS SCS SBs 942, 850 & 841, E.C. - Goodman (132)

16        HCS SCS SB 945 and SB 803 & SB 1257, E.C. - Moore (20)

17        SCS SB 901, HCA 1 - Townley (112)

18        SB 899 - Dusenberg (54)

19        HCS SB 824 - Schlottach (111)

20        SCS SB 782 - Johnson (47)

21        HCS SB 769, E.C. - Emery (126)

22        SCS SB 767 - Cunningham (145)

23        SCS SB 757, HCA 1 - Cooper (120)

24        SB 1130 - Deeken (114)

25        SCS SB 1172 - Fares (91)


SENATE BILLS FOR THIRD READING


1          HCS SCS SB 754 - Luetkemeyer (115)

2          HCS SS SCS SB 1099 - Dempsey (18)

3          SB 932 - Wilson (130)

4          HCS SCS SBs 1020, 889 & 869, (Budget 4-19-04) - Goodman (132)

5          SCS SB 1040, HCA 1, E.C. - Townley (112)

6          SCS SB 1100 - Hanaway (87)

7          HCS SCS SBs 1144, (Budget 4-22-04) - Johnson (47)

8          HCS SCS SB 1160 - Johnson (47)

9          SS SS SCS SB 715, (Budget 4-22-04) - Johnson (47)

10        HCS SS SCS SB 968 and SCS SB 969, E.C. - Baker (123)

11        HCS SCS SB 1038 - Luetkemeyer (115)

12        HCS SS SCS SB 1081 - Pratt (55)

13        HCS SCS SB 1365 - Jackson (89)


BILL IN CONFERENCE


CCR#2 HCS SB 739, as amended - Myers (160)


VETOED HOUSE BILL


HCR 5 - Byrd (94)


HOUSE RESOLUTION


HR 6, (4-22-04) - Schaaf (28)