First Regular Session, 93rd General Assembly
EIGHTEENTH DAY, Monday, February 7, 2005
The House met pursuant to adjournment.
Speaker Pro Tem Bearden in the Chair.
Prayer by Father David Buescher.
On this Monday, this beginning of the week, Holy God, we praise Thy Name. For the good in our lives and our families, for the gifts Your generosity has deigned us, and for the work we are about to undertake for our state, we thank You.
May this week open for us joy in people and events, and a sense of accomplishment in what we undertake. Rain or shine, fast or feast, plenty or poverty, You are in us, with us, above us and between us. Continue to reign in these humble hearts, wherever these Your representatives find themselves this week. Amen.
The Pledge of Allegiance to the flag was recited.
The Journal of the seventeenth day was approved as printed by the following vote:
AYES: 153 |
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Aull |
Baker 123 |
Baker 25 |
Barnitz |
Bean |
Bearden |
Behnen |
Bivins |
Black |
Bowman |
Boykins |
Bringer |
Brown 30 |
Brown 50 |
Bruns |
Burnett |
Byrd |
Chappelle-Nadal |
Casey |
Chinn |
Cooper 120 |
Cooper 158 |
Corcoran |
Cunningham 145 |
Cunningham 86 |
Curls |
Darrough |
Daus |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Donnelly |
Dusenberg |
El-Amin |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Franz |
Fraser |
George |
Guest |
Harris 110 |
Harris 23 |
Haywood |
Henke |
Hobbs |
Hoskins |
Hubbard |
Hughes |
Icet |
Jackson |
Johnson 47 |
Johnson 61 |
Johnson 90 |
Jolly |
Jones |
Kelly |
Kingery |
Kratky |
Kraus |
Kuessner |
Lager |
Lampe |
Lembke |
Liese |
Lipke |
Loehner |
Low 39 |
Lowe 44 |
Marsh |
May |
McGhee |
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 |
Walton |
Wasson |
Wells |
Weter |
Whorton |
Wildberger |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright-Jones |
Wright 137 |
Wright 159 |
Yaeger |
Yates |
Young |
Zweifel |
Mr Speaker |
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NOES: 000 |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 009 |
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Avery |
Bland |
Brooks |
Cooper 155 |
Dougherty |
Goodman |
Hunter |
LeVota |
Meadows |
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VACANCIES: 001 |
HOUSE CONCURRENT RESOLUTION
Representative Hoskins, et al., offered House Concurrent Resolution No. 18.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 372 - Representative Hoskins
House Resolution No. 373 - Representative Ruestman
House Resolution No. 374 - Representative Franz
House Resolution No. 375 - Representative Nance
House Resolution No. 376 - Representative Oxford
House Resolution No. 377 - Representative Casey
House Resolution No. 378 - Representative Behnen
House Resolution No. 379 - Representative Day
House Resolution No. 380 - Representative Chappelle-Nadal
House Resolution No. 381 - Representative Robb
SECOND READING OF HOUSE BILLS
HB 442 through HB 465 were read the second time.
REFERRAL OF HOUSE BILL
The following House Bill was referred to the Committee indicated:
HB 371 - Retirement
INTRODUCTION OF HOUSE BILLS
The following House Bills were read the first time and copies ordered printed:
HB 466, introduced by Representatives Wilson (130), Ruestman, Brown (30), Stevenson, Daus, Weter, Jackson and Page, relating to impounding vehicles.
HB 467, introduced by Representative Storch, relating to expenditures by lobbyists.
HB 468, introduced by Representatives Richard, Jetton, Hobbs, Myers, Munzlinger, Spreng, Cooper (120), Portwood, Schneider, Cunningham (145), Kuessner, Kratky, Yates, Lager, Wasson, Stefanick, Harris (23), Rector, Barnitz, Roark, Lembke, Bringer, Schlottach, Robinson, Henke, Jackson, Guest, Johnson (47), Nieves, McGhee, Byrd, Ruestman, Wilson (130), Stevenson, Flook, Bowman, Weter, Wood, Hunter, Pearce, Self, Pollock, May, Salva, Casey, Swinger, Kraus, Rupp, Chappelle-Nadal, Sater, Ervin, Page, Whorton, Dixon, Fisher, Dempsey, Brown (50), Roorda, Zweifel, Smith (118), Parker, Behnen, Icet, Dusenberg, Brown (30), Tilley, Witte, Moore and Cunningham (86), relating to the state treasurer.
HB 469, introduced by Representatives Sater, Darrough, Page, Wildberger, Wilson (119) and Denison, relating to motor vehicle warranties.
HB 470, introduced by Representative Deeken, relating to state employees.
HB 471, introduced by Representative Hunter, relating to wholesale distributors of prescription drugs.
HB 472, introduced by Representatives Sander, Phillips, Lowe (44), Harris (110), Chinn, Hobbs and Moore, relating to captioning of electronic video instructional materials.
HB 473, introduced by Representative Yates, relating to pupil residency waiver requests.
HB 474, introduced by Representatives Yates and Wilson (130), relating to right of intervention by insurers in certain civil actions.
MESSAGE FROM THE GOVERNOR
Office of the Governor
State of Missouri
February 3, 2005
REORGANIZATION PLAN NO. 4
2005
TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE STATE OF MISSOURI:
By virtue of the authority vested in me by the Constitution and laws of the State of Missouri, including the Omnibus State Reorganization Act of 1974 and sections 26.500 through 26.540, RSMo, I hereby transmit Reorganization Plan No. 4 of 2005, by Executive Order 05-10, providing for the transfer of in-home service programs from the Department of Social Services and the Department of Elementary and Secondary Education to the Department of Health and Senior Services.
EXECUTIVE ORDER
05-10
WHEREAS, the Department of Elementary and Secondary Education is authorized pursuant to Article IX of the Missouri Constitution and created pursuant to Chapter 161.020, RSMo; and
WHEREAS, the Department of Social Services is created pursuant to Article IV, Section 37 of the Missouri Constitution and Chapter 660.010, RSMo; and
WHEREAS, the Department of Health and Senior Services is created pursuant to Chapter 192.005, RSMo; and
WHEREAS, the Department of Elementary and Secondary Education currently provides personal attendant care to individuals with severe physical disabilities to enable them to live more independently through the Personal Assistance Services Program; and
WHEREAS, the Department of Social Services currently provides access to health care for low-income elderly and disabled individuals through the Medicaid Program; and
WHEREAS, the Department of Health and Senior Services provides support services to help seniors and adults with disabilities maintain their independence and safety; and
WHEREAS, the transfer of in-home care programs and services to one state department would better serve the state’s elderly and disabled clients; and
WHEREAS, consolidation of these services would increase efficiencies and eliminate duplication of efforts; and
WHEREAS, I am committed to integrating executive branch operations to improve the way the state delivers services.
NOW THEREFORE, I, Matt Blunt, Governor of the State of Missouri, by virtue of the authority vested in me by the Constitution and laws of the State of Missouri, including Article IV, Section 12, Missouri Constitution, Chapter 26, RSMo, and the Omnibus State Reorganization Act of 1974, hereby order the Missouri Department of Elementary and Secondary Education, the Missouri Department of Social Services, and the Missouri Department of Health and Senior Services to cooperate to:
1. Develop mechanisms and processes necessary to effectively transfer in-home services programs that serve the elderly and disabled individuals to the Department of Health and Senior Services;
2. Transfer all authority, powers, duties, functions, records, personnel, property, contracts, budgets, matters pending, and other pertinent vestiges of the in-home services programs to the Department of Health and Senior Services, by Type I transfer, as defined under the Reorganization Act of 1974; and
3. Take the steps necessary to maintain compliance with federal requirements, so as not to jeopardize federal financial participation with this consolidation.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 3rd day of February, 2005.
/s/ Matt Blunt
Governor
ATTEST:
/s/ Robin Carnahan
Secretary of State
The following members’ presence was noted: Bland, Sanders Brooks, Hunter and Meadows.
ADJOURNMENT
On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Tuesday, February 8, 2005.
COMMITTEE MEETINGS
AGRICULTURE POLICY
Tuesday, February 8, 2005, 12:00 p.m. Hearing Room 1.
Possible Executive session.
Public hearings to be held on: HB 211, HB 267
APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES
Tuesday, February 8, 2005, 8:00 a.m. Hearing Room 4.
Public testimony for the Department of Conservation.
APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES
Tuesday, February 8, 2005, 2:45 p.m. Hearing Room 4.
Public testimony for the Department of Conservation.
APPROPRIATIONS - EDUCATION
Tuesday, February 8, 2005, 8:00 a.m. Hearing Room 1.
Presentations from the Coordinating Board for Higher Education
and Higher Education Institutions.
APPROPRIATIONS - EDUCATION
Tuesday, February 8, 2005, 2:45 p.m. Hearing Room 1.
Presentations from Higher Education Institutions continued.
APPROPRIATIONS - EDUCATION
Wednesday, February 9, 2005, 2:45 p.m. Hearing Room 1.
Presentation from Linn State Technical College.
Public testimony on the First Steps Program.
APPROPRIATIONS - GENERAL ADMINISTRATION
Tuesday, February 8, 2005, 8:00 a.m. Hearing Room 7.
Office of Administration - Public Debt, OA - Employee benefits,
OA - Department (first of two hearings).
APPROPRIATIONS - GENERAL ADMINISTRATION
Tuesday, February 8, 2005, 2:45 p.m. Hearing Room 7.
Office of Administration to be continued.
APPROPRIATIONS - GENERAL ADMINISTRATION
Wednesday, February 9, 2005, 2:45 p.m. Hearing Room 7.
Budget to be reviewed: Department of Revenue
APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES
Tuesday, February 8, 2005, 8:00 a.m. Hearing Room 3.
Overview Departments of Health, Mental Health, and Social Services.
Hearing will resume at 2:00 p.m.
APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS
Tuesday, February 8, 2005, 8:00 a.m. Hearing Room 6.
Public testimony will be heard for each department.
APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT
Tuesday, February 8, 2005, 8:00 a.m. Hearing Room 5.
Department of Economic Development public testimony will be heard. AMENDED
APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT
Tuesday, February 8, 2005, 2:45 p.m. Hearing Room 5.
Department of Labor and Industrial Relations. AMENDED
APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT
Wednesday, February 9, 2005, 2:45 p.m. Hearing Room 5.
Department of Insurance and Department of
Transportation public testimony to continue.
BUDGET
Thursday, February 10, 2005, 8:00 a.m. Hearing Room 3.
Organizational meeting and discuss supplemental budget.
CONSERVATION AND NATURAL RESOURCES
Wednesday, February 9, 2005, 6:00 p.m. Hearing Room 1.
Public comment on the Missouri Department of Natural Resources.
CRIME PREVENTION AND PUBLIC SAFETY
Tuesday, February 8, 2005, 6:00 p.m. Hearing Room 1.
Executive session may follow.
This may be a long hearing as committee intends to hear all testimony at this time.
Public hearing to be held on: HB 441
ELECTIONS
Tuesday, February 8, 2005, 6:00 p.m. Hearing Room 5.
Public hearings to be held on: HB 107, HB 66
ELEMENTARY AND SECONDARY EDUCATION
Wednesday, February 9, 2005, 8:00 a.m. Hearing Room 3.
Executive session may follow.
Public hearings to be held on: HB 87, HB 153
FINANCIAL INSTITUTIONS
Tuesday, February 8, 2005, 12:00 p.m. Hearing Room 6.
Executive session may follow.
Public hearing to be held on: HB 248
HEALTH CARE POLICY
Wednesday, February 9, 2005, 8:00 a.m. Hearing Room 6.
Executive session may follow.
Public hearings to be held on: HB 217, HB 82
JOB CREATION AND ECONOMIC DEVELOPMENT
Wednesday, February 9, 2005, 12:00 p.m. Hearing Room 6.
Executive session may follow.
Public hearings to be held on: HB 226, HB 135
JOINT COMMITTEE ON EDUCATION
Tuesday, February 8, 2005, 8:00 p.m. Senate Committee Room 1.
Initial discussion of Foundation Formula.
JUDICIARY
Tuesday, February 8, 2005, 12:00 p.m. Hearing Room 7.
Anticipated length of hearing three (3) hours.
Public hearing to be held on: HB 393
LOCAL GOVERNMENT
Thursday, February 10, 2005, 8:00 a.m. Hearing Room 6.
Executive session may follow.
Public hearings to be held on: HB 58, HB 284, HB 250, HB 114, HB 283
PROFESSIONAL REGISTRATION AND LICENSING
Wednesday, February 9, 2005, 12:00 p.m. Hearing Room 1. AMENDED
Public hearings to be held on: HB 56, HB 295, HB 61
TOURISM
Thursday, February 24, 2005, 9:00 a.m. House Lounge.
Presentation of the annual report by the Tourism Commission.
TRANSPORTATION
Wednesday, February 9, 2005, 8:00 a.m. Hearing Room 1. CANCELLED
Public hearings to be held on: HB 218, HB 262
VETERANS
Wednesday, February 9, 2005, 8:00 a.m. Hearing Room 5.
Public hearing to be held on: HB 185
Executive session will be held on: HB 94, HB 119, HB 163, HB 213, HB 216
WAYS AND MEANS
Wednesday, February 9, 2005, 6:00 p.m. Hearing Room 7.
Executive session may follow.
Public hearings to be held on: HB 181, HB 186, HB 63, HB 92
HOUSE CALENDAR
NINETEENTH DAY, TUESDAY, FEBRUARY 8, 2005
HOUSE BILLS FOR SECOND READING
HB 466 through HB 474