Journal of the House


First Regular Session, 93rd General Assembly




FOURTEENTH DAY, Monday, January 31, 2005

 

The House met pursuant to adjournment.


            Speaker Pro Tem Bearden in the Chair.


            Prayer by Reverend James Earl Jackson.


              Heavenly Father, You are our portion and our cup [of blessing]; You hold our future in Your hand.


              O how we revel in the democratic process and appreciate our freedom to do so. May the newly formed governments of this world come to experience and appreciate democracy as we do. May we never take it for granted.


              We are always aware of Your presence and because You are at our right hand, we will not be shaken nor will we be sidetracked from the assignment before us.


              May we be those who walk in our integrity, do what is right in Your sight, speak the truth from our heart, refuse to criticize one another, do not harbor evil in our heart, and who keep our word whatever the cost.


              May Your grace be sufficient for all we do.


              In the majestic name of Your Son we pray. Amen.


            The Pledge of Allegiance to the flag was recited.


            There was a moment of silence in memory of former Representative Maurice Lawson.

 

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


AYES: 157

 

 

 

 

 

 

 

 

 

Aull

Baker 123

Baker 25

Barnitz

Bean

Bearden

Behnen

Bivins

Black

Bland

Bowman

Bringer

Brooks

Brown 30

Brown 50

Bruns

Burnett

Byrd

Chappelle-Nadal

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 110

Harris 23

Haywood

Henke

Hobbs

Hoskins

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Skaggs

Smith 118

Smith 14

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright-Jones

Wright 137

Wright 159

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 005

 

 

 

 

 

 

Avery

Boykins

Hubbard

Johnson 90

Walton

 

 

 

 

 

VACANCIES: 001


HOUSE RESOLUTION


            Representative Bearden, et al., offered House Resolution No. 309.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 302 - Representative Dixon, et al.

            House Resolution No. 303

                        and

            House Resolution No. 304 - Representative Behnen

            House Resolution No. 305

                        and

            House Resolution No. 306 - Representative Storch

            House Resolution No. 307 - Representative Wasson

            House Resolution No. 308 - Representative Lampe

            House Resolution No. 310 - Representative Nieves

            House Resolution No. 311 - Representative Lager

            House Resolution No. 312 - Representative Emery

            House Resolution No. 313 - Representative Haywood


SECOND READING OF HOUSE JOINT RESOLUTIONS


            HJR 12 and HJR 13 were read the second time.


SECOND READING OF HOUSE BILLS


            HB 364 through HB 390 were read the second time.


REFERRAL OF HOUSE RESOLUTION


            The following House Resolution was referred to the Committee indicated:


HR 309 - Rules


COMMITTEE REPORT


            Committee on Rules, Chairman Bearden reporting:


            Mr. Speaker: Your Committee on Rules, to which was referred SB 176, begs leave to report it has examined the same and recommends that it Do Pass, with no time limit for debate.


SUPPLEMENTAL CALENDAR


JANUARY 31, 2005


SENATE BILL FOR THIRD READING


SB 176, E.C. - Deeken


MESSAGE FROM THE SENATE


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCR 10.


INTRODUCTION OF HOUSE BILLS


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


HB 391, introduced by Representative Cooper (120), relating to public records.


HB 392, introduced by Representatives Icet, Muschany, Cooper (155), Sater, Shoemyer, Phillips, Myers, Meiners, Behnen, Davis, Meadows, Weter, Cunningham (86), Moore, Sutherland, Bivins, Sander and Wood, relating to tax credits for contributions to pregnancy resource centers.


HB 393, introduced by Representatives Byrd, Jetton, Bearden, Dempsey, Goodman, Portwood, Nieves, Hunter, Hubbard, Dougherty, Page, Pratt, Selby, Kelly, Smith (14), Marsh, Richard, Hobbs, Brown (30), Faith, Chinn, Cunningham (86), Kingery, Schaaf, Sutherland, Baker (123), Self, Cooper (158), Deeken, Emery, Lager, Roark, Ervin, Ruestman, Dixon, Weter, Munzlinger, Cooper (120), Pearce, Wood, Tilley, Jackson, Robb, Davis, Quinn, Moore, Dusenberg, Rector, Yates, Smith (118), Wasson, Wilson (130), Sander, Nolte, Schad, Wilson (119), Phillips, Cooper (155), Denison, Wells, Nance, Bean, Wright (159), Johnson (47), Rupp, Pollock, McGhee, Lembke, Guest, Fares, Bivins, Threlkeld, Viebrock, May, Jones, Icet, Sater, Bruns, Stefanick, Dethrow, Lipke, Muschany, Kraus, Stevenson, Behnen, Fisher, Cunningham (145), Loehner, Day, Wright (137), Schlottach, Meiners, Franz and St. Onge, relating to claims for damages and the payment thereof.


HB 394, introduced by Representative Byrd, relating to insurance for health care providers in Missouri.


HB 395, introduced by Representative Wood, relating to water supply districts.


HB 396, introduced by Representatives Roorda, Oxford, Meadows, Wildberger, Hoskins, Swinger, Bringer, Lampe, Casey, Johnson (90), Harris (23), Denison, Wagner, Jolly, Aull, Robinson, Schoemehl, Darrough, Parson and Jones, relating to hazardous materials.


HB 397, introduced by Representatives Henke, Kuessner, Barnitz, Swinger, Munzlinger and Bringer, relating to license plates for disabled persons.


HB 398, introduced by Representatives Lowe (44), Meiners, Walsh and Young, relating to navigation and regulatory markers.


HB 399, introduced by Representative Lowe (44), relating to state building energy codes.


HB 400, introduced by Representatives Yates, Moore, Wildberger, Bivins, Meiners, Wasson, Page, Johnson (47), Dusenberg, Sater, Myers and Avery, relating to the dental carve-out act of 2005.


HB 401, introduced by Representative Bruns, relating to emergency services.


HB 402, introduced by Representatives Schaaf, Stefanick, Behnen, Bearden, Denison, Stevenson, Portwood, Johnson (47), Munzlinger, Page, Sander, Threlkeld, Wright (137), Oxford, Wright (159), Dusenberg, Davis, May, Deeken, Kingery, Weter, Chinn, Richard, Jones and Skaggs, relating to podiatrists.


HB 403, introduced by Representatives Donnelly, Skaggs, Spreng, Wright-Jones, Selby, LeVota, Brown (50), Meiners, Shoemyer, Fraser, Daus, Haywood, Kratky, Hoskins, Whorton, Zweifel, Darrough, Aull, Bowman, Low (39), Kuessner, Wildberger, Salva, Bland, Chappelle-Nadal, Baker (25), Barnitz, Witte, Walton, Casey, Wagner, Sanders Brooks, Storch, Lampe, Lowe (44), Johnson (61), Liese, Burnett, Hughes, Rucker, Dougherty, Schoemehl, Robinson, Swinger, Harris (110), Bringer, Henke, Roorda, Jolly, Meadows, George, Young, Harris (23), Walsh, Curls, Oxford, Yaeger, Corcoran, Vogt and Johnson (90), relating to life insurance benefits for Missouri national guard personnel.


COMMUNICATION


            Pursuant to section 477.650, RSMo, the Missouri Supreme Court has reported to the General Assembly on the collection and disbursement of moneys from the Basic Civic Legal Services fund. A copy is on file in the Office of the Chief Clerk.


WITHDRAWAL OF HOUSE BILLS


January 27, 2005


Steve Davis

Missouri House of Representatives

Room 306C

Jefferson City, MO 65101


Dear Steve:


I had previously filed House Bill No. 247 that “establishes child passenger restraint system guidelines for children six and under,” but respectfully ask that this bill be withdrawn.


Thanking you in advance for your assistance in this matter.


Best regards,


/s/ Representative Gary Dusenberg

District 54

__________________


January 27, 2005


Mr. Steve Davis

Chief Clerk

Missouri House of Representatives

Jefferson City, MO 65101


Dear Clerk Davis:


I would like to withdraw House Bill No. 290 to be resubmitted at a later date.


Sincerely,


/s/ Barbara Fraser


            The following member's presence was noted: Boykins.


ADJOURNMENT


            On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Tuesday, February 1, 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.

Recess upon morning adjournment to 6:00 p.m. AMENDED


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 on 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




ETHICS

Thursday, February 3, 2005, 8:00 a.m. Hearing Room 4.

Approval of caucuses. Executive session to follow.


FISCAL REVIEW

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

Organizational meeting.


HEALTH CARE POLICY

Wednesday, February 2, 2005, 8:00 a.m. Hearing Room 6.

Organizational meeting.


HIGHER EDUCATION

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

Executive session to follow. AMENDED

Public hearing to be held on: HB 220


JOB CREATION AND ECONOMIC DEVELOPMENT

Wednesday, February 2, 2005, 12:00 p.m. Hearing Room 6.

Organizational meeting. Executive session may follow.


JUDICIARY

Tuesday, February 1, 2005, 12:00 p.m. Hearing Room 7.

Organizational meeting will follow.

Public hearing to be held on: HB 85


LOCAL GOVERNMENT

Thursday, February 3, 2005, 8:00 a.m. Hearing Room 6.

Public hearings to be held on: HB 127, HB 46, HB 215, HB 58, HB 284

Executive session may be held on: HB 40


PROFESSIONAL REGISTRATION AND LICENSING

Wednesday, February 2, 2005, 12:00 p.m. Hearing Room 1.

Organizational meeting. Executive board directors from

the Division of Professional Registration will be in attendance.


TRANSPORTATION

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

Public hearings to be held on: HB 43, HB 62, HB 154, HB 155, 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


FIFTEENTH DAY, TUESDAY, FEBRUARY 1, 2005


HOUSE BILLS FOR SECOND READING


HB 391 through HB 403


SENATE BILL FOR THIRD READING


SB 176, E.C. - Deeken