Journal of the House

First Regular Session, 93rd General Assembly

THIRTEENTH DAY, Thursday, January 27, 2005

The House met pursuant to adjournment.

            Speaker Pro Tem Bearden in the Chair.

            Prayer by Father David Buescher.

              God of grace and understanding, our representatives have heard our Governor speak, and should now focus on the process of assessing the present and legislating for the future.

              Give these men and women spirit and insight to make the decisions which will concern our citizens. With minds and hearts of muscle and devotion, help them work today to try to realize their dreams and goals for this state. 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: Clara Diaz, Abby Best, Cole Thurman, Travis Redding and Robert Browning.

            The Journal of the twelfth day was approved as printed by the following vote:

HOUSE RESOLUTIONS

            Representative Cooper (158) offered House Resolution No. 282.

            Representative Kingery offered House Resolution No. 298.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 274 - Representative Jackson

            House Resolution No. 275 - Representative Munzlinger

            House Resolution No. 276

                        and

            House Resolution No. 277 - Representative Wildberger

            House Resolution No. 278 - Representative Villa

            House Resolution No. 279 - Representative Fares

            House Resolution No. 280 - Representative Rector

            House Resolution No. 281 - Representative Cooper (158)

            House Resolution No. 283 - Representatives Dusenberg and Pratt

            House Resolution No. 284

                        and

            House Resolution No. 285 - Representative Dusenberg

            House Resolution No. 286

                        through

            House Resolution No. 297 - Representative Pearce

            House Resolution No. 299 - Representative Cooper (158)

            House Resolution No. 300 - Representative Lager

            House Resolution No. 301 - Representative May

SECOND READING OF HOUSE JOINT RESOLUTION

            HJR 11 was read the second time.

SECOND READING OF HOUSE BILLS

            HB 324 through HB 363 were read the second time.

HOUSE RESOLUTION

            HR 241, relating to Ethics Committee Rules of Procedure, was taken up by Representative Dempsey.

            On motion of Representative Dempsey, HR 241 was adopted by the following vote:

REFERRAL OF HOUSE BILLS

HB 27 – Crime Prevention and Public Safety

HB 37 – Ways and Means

HB 39 – Elementary and Secondary Education

HB 41 – Health Care Policy

HB 44 – Elections

HB 46 – Local Government

HB 49 – Judiciary

HB 50 – Judiciary

HB 52 – Ways and Means

HB 53 – Transportation

HB 54 – Ways and Means

HB 56 – Professional Registration and Licensing

HB 57 – Crime Prevention and Public Safety

HB 58 – Local Government

HB 59 – Professional Registration and Licensing

HB 61 – Professional Registration and Licensing

HB 64 – Ways and Means

HB 65 – Ways and Means

HB 66 – Elections

HB 72 – Local Government

HB 73 – Elementary and Secondary Education

HB 74 – Crime Prevention and Public Safety

HB 75 – Small Business

HB 76 – Local Government

HB 77 – Workforce Development and Workplace Safety

HB 81 – Elementary and Secondary Education

HB 82 – Health Care Policy

HB 86 – Insurance Policy

HB 87 – Elementary and Secondary Education

HB 88 – Insurance Policy

HB 90 – Elementary and Secondary Education

HB 92 – Ways and Means

HB 93 – Workforce Development and Workplace Safety

HB 96 – Insurance Policy

HB 97 – Crime Prevention and Public Safety

HB 98 – Workforce Development and Workplace Safety

HB 99 – Judiciary

HB 103 – Higher Education

HB 104 – Local Government

HB 107 – Elections

HB 109 – Professional Registration and Licensing

HB 111 – Ways and Means

HB 114 – Local Government

HB 120 – Transportation

HB 121 – Crime Prevention and Public Safety

HB 125 – Transportation

HB 126 – Crime Prevention and Public Safety

HB 127 – Local Government

HB 132 – Transportation

HB 133 – Local Government

HB 135 – Job Creation and Economic Development

HB 137 – Judiciary

HB 141 – Senior Citizen Advocacy

HB 142 – Professional Registration and Licensing

HB 145 – Elementary and Secondary Education

HB 147 – Transportation

HB 150 – Ways and Means

HB 152 – Elections

HB 153 – Elementary and Secondary Education

HB 155 – Transportation

HB 156 – Crime Prevention and Public Safety

HB 158 – Job Creation and Economic Development

HB 166 – Conservation and Natural Resources

HB 170 – Local Government

HB 173 – Elementary and Secondary Education

HB 175 – Professional Registration and Licensing

HB 177 – Crime Prevention and Public Safety

HB 178 – Judiciary

HB 180 – Local Government

HB 181 – Ways and Means

HB 182 – Professional Registration and Licensing

HB 185 – Veterans

HB 188 – Crime Prevention and Public Safety

HB 189 – Crime Prevention and Public Safety

HB 193 – Judiciary

HB 194 – Ways and Means

HB 196 – Crime Prevention and Public Safety

HB 200 – Local Government

HB 201 – Transportation

HB 205 – Children and Families

HB 207 – Workforce Development and Workplace Safety

HB 208 – Judiciary

HB 209 – Ways and Means

HB 211 – Agriculture Policy

HB 215 – Local Government

HB 218 – Transportation

HB 219 – Administration and Accounts

HB 221 – Ways and Means

HB 222 – Ways and Means

HB 225 – Judiciary

HB 226 – Job Creation and Economic Development

HB 227 – Job Creation and Economic Development

HB 230 – Senior Citizen Advocacy

HB 231 – Senior Citizen Advocacy

HB 234 – Judiciary

HB 235 – Ways and Means

HB 245 – Conservation and Natural Resources

HB 250 – Local Government

HB 251 – Elementary and Secondary Education

HB 253 – Local Government

HB 254 – Transportation

HB 256 – Ways and Means

HB 257 – Ways and Means

HB 260 – Local Government

HB 261 – Retirement

HB 262 – Transportation

HB 263 – Retirement

HB 264 – Higher Education

HB 267 – Agriculture Policy

HB 269 – Judiciary

HB 270 – Judiciary

HB 273 – Workforce Development and Workplace Safety

HB 279 – Judiciary

HB 284 – Local Government

HB 292 – Utilities

HB 293 – Ways and Means

HB 300 – Professional Registration and Licensing

COMMITTEE REPORT

            Committee on Elections, Chairman May reporting:

            Mr. Speaker: Your Committee on Elections, to which was referred SB 176, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

INTRODUCTION OF HOUSE JOINT RESOLUTIONS

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

HJR 12, introduced by Representatives Bearden, Lager, Roark, Goodman, Baker (123), Munzlinger, Schneider, Bivins, Myers, Phillips, Stefanick, Wasson, Wood, Sander, Dixon, Icet, Davis, Cunningham (86), Sutherland, Ervin, Ruestman, Stevenson, Brown (30), Threlkeld, Myers, Smith (14), Goodman, Moore, Hunter, Emery, Cooper (155) and Dusenberg, relating to limits on state appropriations.

HJR 13, introduced by Representatives Portwood and Lembke, relating to property exempt from taxation.

INTRODUCTION OF HOUSE BILLS

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

HB 364, introduced by Representatives Myers, Stevenson and Sutherland, relating to taxation of modular units.

HB 365, introduced by Representatives Munzlinger, Jones, Parson, Barnitz, Bringer, Dougherty, Kuessner, Henke, Ervin, Hobbs, Myers, Nieves, Davis (19), Dusenberg, Jetton, Smith (118), Sater, Wells, Pearce, Witte, Whorton, Shoemyer, Salva, Robinson, Schad, Wasson, Guest, Schlottach, Sutherland, Wilson (119), Jackson, Emery, Black, Lipke, Lembke, Ruestman, Goodman, Bearden, Moore, Day, Behnen, Richard, Cooper (120), Sander, Harris (110), Cunningham (86), Self, Kingery, Rector, May and McGhee, relating to the county sheriff's revolving fund.

HB 366, introduced by Representatives Munzlinger, Sander, Day, Whorton, Pearce, Weter, Myers, Loehner, Harris (110), Moore, Sutherland, Behnen and Hunter, relating to landowner liability.

HB 367, introduced by Representatives Munzlinger, Sander, Moore, Myers and Behnen, relating to agricultural production.

HB 368, introduced by Representatives Munzlinger, Brown (30), Myers, Swinger, Dougherty, Sander, Whorton, Hobbs, Dethrow, Sater, Wilson (119) and Darrough, relating to biodiesel fuel.

HB 369, introduced by Representatives Munzlinger, Myers, Sander and Moore, relating to the agricultural product utilization contributor tax credit.

HB 370, introduced by Representatives Munzlinger, Hunter, Quinn, Sander and Darrough, relating to the designation of a state poem.

HB 371, introduced by Representatives Smith (118), Sater, Walton, Ervin, Moore, Threlkeld, Parson, Pearce, Cunningham (86), Zweifel, Hunter, Bruns, Whorton, Myers, Brown (30), Sander, Icet, Denison, Rupp, Yaeger, Franz, Oxford, Hobbs, Quinn and Munzlinger, relating to the administrative law judges and legal advisors retirement system.

HB 372, introduced by Representatives Darrough, Corcoran, Kuessner, Aull, Liese, Chappelle-Nadal, Young, Hoskins and George, relating to rebates.

HB 373, introduced by Representatives Fares, Sutherland, Bivins, St. Onge, Schlottach and Schoemehl, relating to the senior citizens' homestead tax relief act.

HB 374, introduced by Representatives Villa, Wright-Jones, Kratky, Daus, Storch, Oxford, Johnson (61), Donnelly and Hubbard, relating to the state highways and road system.

HB 375, introduced by Representatives Nance, Aull, Day, McGhee, Wells, Cooper (120), Fisher, Jones and Parson, relating to the Congressman Ike Skelton Bridge.

HB 376, introduced by Representatives Guest, Myers, Hunter, Dethrow, Kelly, Black, Moore and Munzlinger, relating to concentrated animal feeding operations.

HB 377, introduced by Representatives Wilson (119), Wallace, Wood, Loehner, Bivins, Franz, Chinn, Nolte, Roark, Dixon, Cunningham (145), Munzlinger, Parson, Pollock, Brown (30), Lipke, Guest, Emery, Dethrow, Hobbs, Richard, Ervin, Icet, Wasson, Wilson (130), Denison, Smith (118), Sander, Myers, Pearce, Sater, Wells, Robb, Day, Weter, Fisher, Wright (159), Rector, Meadows, Yaeger, Harris (110), Low (39), Jones, Schad, Sutherland, Schlottach, Darrough, Corcoran, Dougherty, Hubbard, Schaaf, Kingery, Page, Dusenberg, Self, Smith (14), Viebrock, Ruestman, Quinn, Behnen, Bean, Cooper (155), Shoemyer, Johnson (47), Cunningham (86) and Moore, relating to automatic renewal of driver's licenses.

HB 378, introduced by Representative Cooper (120), relating to school district tuition adjustments.

HB 379, introduced by Representative Cooper (120), relating to compensation for financial institution regulators.

HB 380, introduced by Representatives Walton, Oxford, Rupp, Hunter, Brown (30), Quinn, Viebrock, Stevenson and Portwood, relating to fire protection districts.

HB 381, introduced by Representatives Walton, Oxford, Wildberger, Rupp, Hunter, Brown (30), Quinn, Viebrock, Stevenson, Portwood, Boykins and Rucker, relating to fire protection districts.

HB 382, introduced by Representatives George, Lowe (44) and Walsh, relating to prevailing wages on public works.

HB 383, introduced by Representatives Pratt, Wright-Jones and Schneider, relating to sovereign immunity.

HB 384, introduced by Representatives Shoemyer, Henke, Kuessner, Harris (110), Harris (23), LeVota, Whorton, Liese, Jetton, Parker, Corcoran, Burnett, Young, Robinson, Fraser, Donnelly, Wright-Jones, Boykins, Haywood, Curls, Goodman, Barnitz, Skaggs, Baker (25), Kratky, Villa, Meadows, Jolly, Darrough, Witte, Swinger, Roorda, Storch, Salva, Chappelle-Nadal, El-Amin, Low (39), Johnson (47), Smith (118), Schaaf, Black, Wood, Wilson (119), Nolte, Faith, Schlottach, Barnitz, Quinn and Brown (50), relating to anhydrous ammonia.

HB 385, introduced by Representative Cooper (158), relating to the designation of a memorial bridge.

HB 386, introduced by Representative Cooper (158), relating to the designation of Ronald Reagan Day in Missouri.

HB 387, introduced by Representatives Byrd, Burnett and Goodman, relating to the dry-cleaning environmental response trust.

HB 388, introduced by Representative Yates, relating to insurance compliance audits.

HB 389, introduced by Representatives Harris (23), Witte, Roorda, Jolly, Lampe, Baker (25), Oxford, Henke, LeVota, Barnitz, Whorton, Shoemyer, Liese, Storch, Fraser, Schoemehl, Rucker, Robinson, Burnett, Aull, Meadows, Brown (50), Casey, Wildberger, Hubbard, Walsh, Curls, Skaggs, Corcoran, Kuessner, Meiners, Harris (110), George, Sanders Brooks, Page, Yaeger, Young, Walton, Daus, Darrough, Kratky, Hoskins, Zweifel, Donnelly, Chappelle-Nadal, Vogt, Bowman, Wagner, Johnson (61), Swinger, Bland, Haywood, Bringer, Salva, Hughes, Johnson (90), Villa, Boykins, Lowe (44), Selby, El-Amin, Low (39) and Spreng, relating to endangering the welfare of a child in the first degree.

HB 390, introduced by Representatives Harris (23), Walton, Harris (110), Oxford, LeVota, Lampe, Yaeger, Johnson (90), Storch, Burnett, Salva, Aull, Roorda, Meadows, Casey, Witte, Villa, Fraser, Donnelly, Wright-Jones, Zweifel, Sater, Jolly, Brown (50), George, Schoemehl, Wagner, Johnson (61), Meiners, Baker (25), Shoemyer, Daus, Haywood, Kratky, Bland, Wildberger, Liese, Schneider, Page, Hubbard, Spreng, Hoskins, Rucker, Robinson, Bowman, Kuessner, Swinger, Walsh, Henke, Selby, Darrough and Robb, relating to unlawful transactions with a child.

WITHDRAWAL OF HOUSE BILL

January 27, 2005

Steve Davis, Chief Clerk

House of Representatives

State Capitol Building

Jefferson City, MO 65101-6806

Dear Mr. Davis:

I would like to withdraw House Bill No. 310 to be submitted at a later date.

Sincerely,

/s/ Kevin Wilson

State Representative

District 130

            The following members’ presence was noted: Boykins and Vogt.

ADJOURNMENT

            On motion of Representative Dempsey, the House adjourned until 4:00 p.m., Monday, January 31, 2005.

COMMITTEE MEETINGS

AGRICULTURE POLICY

Tuesday, February 1, 2005, 12:00 p.m. Hearing Room 1.

Public hearing to be held on: HB 191

APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Tuesday, February 1, 2005, 8:00 a.m. Hearing Room 4.

Overviews Department of Conservation and Department of Agriculture.

APPROPRIATIONS - EDUCATION

Tuesday, February 1, 2005, 8:00 a.m. Hearing Room 1.

Organizational meeting.

APPROPRIATIONS - EDUCATION

Tuesday, February 1, 2005, 2:45 p.m. Hearing Room 1.

Presentation from Department of Elementary and Secondary Education.

APPROPRIATIONS - GENERAL ADMINISTRATION

Tuesday, February 1, 2005, 8:00 a.m. Hearing Room 7.

Organizational meeting as well as reviewing proposed budgets from

office of Governor and Lt. Governor.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Tuesday, February 1, 2005, 8:00 a.m. Hearing Room 3.

Public testimony and discuss organizational issues.

APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Tuesday, February 1, 2005, 8:00 a.m. Hearing Room 6.

Organizational meeting.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, February 1, 2005, 8:00 a.m. Hearing Room 5.

Department overviews will begin promptly at 8:00 a.m.

CONSERVATION AND NATURAL RESOURCES

Wednesday, February 2, 2005, 6:00 p.m. Hearing Room 1.

Public testimony from the Department of Conservation.

CRIME PREVENTION AND PUBLIC SAFETY

Tuesday, February 1, 2005, 6:00 p.m. Hearing Room 1.

Executive session may follow.

Public hearing to be held on: HB 272

ELECTIONS

Tuesday, February 1, 2005, 6:00 p.m. Hearing Room 5.

Introductory meeting with representatives from Secretary of

State Election Division, Ethics and County Clerks.

ELEMENTARY AND SECONDARY EDUCATION

Wednesday, February 2, 2005, 8:00 a.m. Hearing Room 3.

Executive session may follow.

Public hearings to be held on: HB 172, HB 276, HB 297

FISCAL REVIEW

Wednesday, February 2, 2005, 3:00 p.m. Hearing Room 6.

Organizational meeting.

HIGHER EDUCATION

Tuesday, February 1, 2005, 12:00 p.m. Hearing Room 4.

Public hearing to be held on: HB 220

RULES

Monday, January 31, 2005, 2:00 p.m. Hearing Room 1.

Executive session will follow.

Public hearing to be held on: SB 176

TRANSPORTATION

Wednesday, February 2, 2005, 8:00 a.m. Hearing Room 1.

Public hearings to be held on: HB 43, HB 62, HB 154, HB 210, HB 243

VETERANS

Wednesday, February 2, 2005, 8:00 a.m. Hearing Room 5.

Executive session may follow.

Public hearings to be held on: HB 94, HB 119, HB 162, HB 163, HB 213, HB 216

HOUSE CALENDAR

FOURTEENTH DAY, MONDAY, JANUARY 31, 2005

HOUSE JOINT RESOLUTIONS FOR SECOND READING

HJR 12 and HJR 13

HOUSE BILLS FOR SECOND READING

HB 364 through HB 390