Journal of the House

First Regular Session, 93rd General Assembly

THIRTIETH DAY, Monday, February 28, 2005

The House met pursuant to adjournment.

            Speaker Jetton in the Chair.

            Dedication of the Chamber’s new Preamble display and prayer was given by Representative Rob Schaaf.

              In a moment, please join me in dedicating our Chamber’s new Preamble display with a prayer.

              Before we pray, however, all those who made the Preamble Project possible deserve thanks, beginning with the members who supported House Resolution No. 6 last year, and especially Representative J.C. Kuessner and former Representative Ronnie Miller, co-sponsors. Special thanks go to former Speaker Catherine Hanaway, Speaker Rod Jetton and now Senator Jason Crowell, each of whom gave special assistance. The original concept of a Missouri-shaped display was Ray Griggs’, my legislative aide. The artwork and design were completed by the Art Department of Missouri Western State College, especially Teresa Harris and Dr. Allison Sauls. Van Vickle Monuments of Saint Joseph arranged for the actual construction and Tom Sater, Capitol Restorations Consultant, coordinated the installation. In addition to all of these, thanks go to the many citizens across Missouri who contributed financially.

              The display’s black granite can be found only in Zimbabwe and was chosen for its rich appearance and harmony with the Chamber's other architectural elements. It weighs 158 pounds, is approximately 36 inches wide by 34 inches tall, and its letters are lined with gold leaf, except for the great seal which is photo etched.

              Missouri voters adopted a new Constitution on February 27th, 1945, including the Preamble which is very similar to the Preamble of the Constitution of 1875. For those listening and unable to see the Preamble display, let me remind you of its words:

              “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 now, let us pray.

              Our Father,

              Who art in heaven,

              Hallowed be Thy name.

              Sixty years ago yesterday, the People of Missouri voted to adopt a new Constitution, the Preamble of which uses Your name, Supreme Ruler of the Universe.

              Now, as then, our mood is one of profound reverence for You, as we rededicate our Constitution by displaying its Preamble with Your name in our Chamber. Help us preserve this reverent spirit as we make decisions that affect the lives of our fellow Missourians.

              Now, as then, we are grateful for Your goodness. We give thanks for our many blessings, and the wisdom You gave to those who came before us. By adopting our Constitution, they protected the freedoms You gave us.

              In rededicating our Constitution, we rejoice in our freedom to display Your name. Yet we are mindful that there are some who would take away that freedom. Give us the strength to resist them, and the resolve to never let Your name be removed from our Constitution, from our Chamber, from our hearts.

              Finally, we ask for Your guidance as we go about our daily work of governing. Let our Preamble remind us that there is not one among men who is called supreme. That name belongs only to You, the Supreme Ruler of the Universe.

              And always as we pray, it is in Your name. Amen.

            The Pledge of Allegiance to the flag was recited.

            The Speaker appointed the following to act as an Honorary Page for the Day, to serve without compensation: Eleanor Loaghaire Kloeckener.

            The Journal of the twenty-ninth day was approved as printed by the following vote:

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 791

                        through

            House Resolution No. 793 - Representative Boykins

            House Resolution No. 794 - Representative Cunningham (145)

            House Resolution No. 795 - Representative Bruns

            House Resolution No. 796

                        and

            House Resolution No. 797 - Representative Wilson (119)

            House Resolution No. 798 - Representative Pratt

            House Resolution No. 799

                        through

            House Resolution No. 801 - Representative Lampe

            House Resolution No. 802

                        and

            House Resolution No. 803 - Representative Denison

            House Resolution No. 804 - Representative Sander

            House Resolution No. 805 - Representative Witte

            House Resolution No. 806 - Representative Byrd

            House Resolution No. 807 - Representatives Goodman and Sater

            House Resolution No. 808 - Representative Whorton

            House Resolution No. 809 - Representative Cunningham (145)

SECOND READING OF HOUSE JOINT RESOLUTION

            HJR 20 was read the second time.

SECOND READING OF HOUSE BILLS

            HB 636 through HB 651 were read the second time.

SECOND READING OF SENATE JOINT RESOLUTION

            SS SJR 1 was read the second time.

COMMITTEE REPORTS

            Committee on Rules, Chairman Cooper (120) reporting:

            Mr. Speaker: Your Committee on Rules, to which was referred HCS No.2 HBs 94 & 185, begs leave to report it has examined the same and recommends that it Do Pass, with no time limit for debate.

            Mr. Speaker: Your Committee on Rules, to which was referred HB 114, begs leave to report it has examined the same and recommends that it Do Pass, with no time limit for debate.

            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 135, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.

            Mr. Speaker: Your Committee on Rules, to which was referred HB 229, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.

            Mr. Speaker: Your Committee on Rules, to which was referred HB 230, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.

            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 365, begs leave to report it has examined the same and recommends that it Do Pass, with no time limit for debate.

            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 379, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.

            Mr. Speaker: Your Committee on Rules, to which was referred HCS SS SCS SBs 1 & 130, begs leave to report it has examined the same and recommends that it Do Pass, with a time limit of 5 hours for debate on Third Reading.

THIRD READING OF SENATE BILL

            SS SCS SB 98, relating to state institutions of higher education, was taken up by Representative Marsh.

            Representative Jolly offered House Amendment No. 1.

            Representative Byrd raised a point of order that House Amendment No. 1 goes beyond the scope of the underlying bill.

            The Chair ruled the point of order well taken.

            Representative Bringer offered House Amendment No. 2.

            Representative Byrd raised a point of order that House Amendment No. 2 goes beyond the scope of the underlying bill.

            The Chair ruled the point of order well taken.

            Representative Bringer appealed the ruling of the Chair.

            The ruling of the Chair was sustained by the following vote:

            Representative Harris (23) offered House Amendment No. 3.

House Amendment No. 3

AMEND Senate Substitute for Senate Committee Substitute for Senate Bill No. 98, Page 17, Section 174.241, Line 18, by inserting after all of said line the following:

              "Section B. The provisions of this act shall only become effective if all state institutions of higher education receive all funds appropriated to such institutions in the fiscal year 2005 budget."; and      

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

            Representative Harris (23) moved that House Amendment No. 3 be adopted.

            Which motion was defeated by the following vote:

            Representative Baker (25) offered House Amendment No. 4.

House Amendment No. 4

AMEND Senate Substitute for Senate Committee Substitute for Senate Bill No. 98, Page 1, last line of the title, by inserting after the word “education” the following: “, with a referendum clause”; and

              Further amend said bill, Page 17, Section 174.241, Line 18, by adding after all of said line the following:

              “Section B. Section A of this act is hereby submitted to the qualified voters of this state for approval or rejection at an election which is hereby ordered and which shall be held and conducted on Tuesday next following the first Monday in November 2006, pursuant to the applicable laws and constitutional provisions of this state for the submission of referendum measures by the general assembly. If approved by a majority of the votes cast thereon at such election and not otherwise, the repeal of section 174.241, the repeal and reenactment of sections 172.020, 173.005, 174.020, 174.231, 174.250, 174.251, 174.253, 174.261, 174.300, 174.310, 175.320, 174.324, 174.450, 174.453, and 176.010 and the enactment of section 1 of section A of this act shall become effective January 1, 2007.”; and

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

            Representative Baker (25) moved that House Amendment No. 4 be adopted.

            Which motion was defeated by the following vote:

            Speaker Pro Tem Bearden assumed the Chair.

            Representative Johnson (47) offered House Amendment No. 5.

House Amendment No. 5

AMEND Senate Substitute for Senate Committee Substitute for Senate Bill No. 98, Page 6, Section 174.020, Line 4, by deleting all of said line and inserting the following:

              "County, shall hereafter be known as the "[Central] Missouri State University at Central Missouri"; the"; and

              Further amend said bill, Page 6, Section 174.020, Line 8, by deleting all of said line and inserting the following:

              ""University at Southwest Missouri"; the institution at Maryville, Nodaway County, shall hereafter be"; and

              Further amend said bill, Page 7, Section 174.020, Lines 25 through 33, by deleting all of said lines; and

              Further amend said bill, Page 11, Section 174.450, Lines 2 through 3, by deleting all of said lines and inserting the following:

              "governing board of [Central] Missouri State University at Central Missouri, [Southwest] Missouri State University at Southwest Missouri; Missouri Southern State [University-Joplin] University, Missouri"; and

              Further amend said bill, Page 12, Section 174.450, Line 20, by deleting all of said line and inserting the following:

              "2. The governing board of Missouri State University at Southwest Missouri, a public"; and

              Further amend said bill, Page 14, Section 176.010, Lines 8 through 9, by deleting all of said lines and inserting the following:

              "(d) The board of [regents] governors for the [Central] Missouri State University at Central Missouri"; and

              Further amend said bill, Page 14, Section 176.010, Line 12, by deleting all of said line and inserting the following:

              "University at Southwest Missouri"; and

              Further amend said bill, Page 15, Section 176.010, Line 53, by deleting all of said line and inserting the following:

              ""[Central] Missouri State University at Central Missouri" at Warrensburg, Missouri;"; and

              Further amend said bill, Page 15, Section 1, Line 1, by deleting all of said line and inserting the following:

              "Section 1. Missouri State University at Southwest Missouri shall not seek the land grant"; and

              Further amend said bill, Page 15, Section 1, Lines 3 through 4, by deleting all of said lines and inserting the following:

              "nor shall Missouri State University at Southwest Missouri seek the research designation currently held by the University of Missouri. Missouri State University at Southwest Missouri"; and

              Further amend said bill, Page 16, Section 1, Line 12, by deleting all of said line and inserting the following:

              "University at Southwest Missouri may cooperate with another educational institution, or"; and

              Further amend said bill, Page 16, Section 1, Line 16, by deleting all of said line and inserting the following:

              "that may replace it. Missouri State University at Southwest Missouri may offer doctoral"; and

              Further amend said bill, Page 16, Section 1, Lines 22 through 23, by deleting all of said lines and inserting the following:

              "Missouri State University to Missouri State University at Southwest Missouri shall not entitle Missouri State University at Southwest Missouri to any additional state funding."; and

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

            Representative Johnson (47) moved that House Amendment No. 5 be adopted.

            Which motion was defeated by the following vote:

            SS SCS SB 98 was laid over with three hours, forty-three minutes remaining for debate on third reading (two hours, three minutes for the majority handler and one hour, forty minutes for the minority handler).

REFERRAL OF HOUSE BILLS

            The following House Bills were referred to the Committee indicated:

HB 628 - Judiciary

HB 631 - Corrections and Public Institutions

HB 639 - Special Committee on Urban Issues

INTRODUCTION OF HOUSE BILLS

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

HB 652, introduced by Representatives St. Onge, Shoemyer and Page, relating to private investigators.

HB 653, introduced by Representative Sutherland, relating to commercial motor vehicles.

HB 654, introduced by Representatives Wilson (130), Yates and Goodman, relating to title insurance.

HB 655, introduced by Representatives Wright (137), Cooper (158), Myers and Tilley, relating to funding for four-year public institutions of higher education.

HB 656, introduced by Representatives Wilson (130), Bruns and Ruestman, relating to the senior Rx program.

HB 657, introduced by Representatives Schaaf, Threlkeld, Cooper (155) and Page, relating to right of self-governance for hospital medical staffs.

HB 658, introduced by Representatives Wright (159), Myers, Cooper (158), Chinn, Day, Kingery, Schaaf, Swinger, Fisher, Dethrow, Franz, Black, Lipke, Hobbs and Munzlinger, relating to the agricultural product utilization contributor tax credit.

HB 659, introduced by Representatives Burnett and Vogt, relating to underinsured motor vehicle coverage.

HB 660, introduced by Representatives Schlottach, Deeken and Yaeger, relating to solid waste.

HB 661, introduced by Representatives Moore, Kelly, Hubbard, Sater, Portwood, Meadows, Sander, Munzlinger, Schlottach, Kuessner, Lembke, Smith (14), Dixon, Flook, Myers, Hobbs, Quinn, Nieves, Robb, Bean, Bruns and Goodman, relating to hospital services for correctional and detention facilities.

MESSAGES FROM THE SENATE

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 21, entitled:

            An act to repeal section 453.020, RSMo, and to enact in lieu thereof one new section relating to putative father registry.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 71, entitled:

            An act to repeal section 105.267, RSMo, and to enact in lieu thereof one new section relating to public officers and employees.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 123, entitled:

            An act to repeal sections 351.107, 351.180, 351.182, 351.295, and 351.405, RSMo, and to enact in lieu thereof five new sections relating to corporations.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 138, entitled:

            An act to repeal section 92.402, RSMo, and to enact in lieu thereof one new section relating to taxation for public mass transportation systems.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 149, entitled:

            An act to repeal section 36.390, RSMo, and to enact in lieu thereof one new section relating to state personnel law.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 162, entitled:

            An act to repeal sections 192.400, 192.410, and 192.420, RSMo, and to enact in lieu thereof three new sections relating to radiation control.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 165, entitled:

            An act to repeal sections 386.510, 386.520, 386.530, and 386.540, RSMo, and to enact in lieu thereof four new sections relating to judicial appeal of public service commission orders.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 171, entitled:

            An act to repeal section 229.160, RSMo, relating to protection of bridges.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 189, entitled:

            An act to repeal sections 198.439, 208.480, and 338.550, RSMo, and to enact in lieu thereof three new sections relating to the health care provider tax, with an emergency clause.

            Emergency clause adopted.

            In which the concurrence of the House is respectfully requested.

COMMITTEE CHANGES

            The Speaker submitted the following Committee changes:

            Representative Bean is no longer a member of the Appropriations - Health, Mental Health and Social Services Committee.

            Representative Nieves has been appointed a member of the Appropriations - Health, Mental Health and Social Services Committee.

ADJOURNMENT

            On motion of Representative Dempsey, the House adjourned until 9:45 a.m., Tuesday, March 1, 2005.

COMMITTEE MEETINGS

AGRICULTURE POLICY

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

Possible further Executive session.

Public hearings to be held on: HB 367, HB 305, HB 368, HB 454

Executive session will be held on: HB 376, HB 116

APPROPRIATIONS - GENERAL ADMINISTRATION

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

Markup for Office of Administration.

APPROPRIATIONS - GENERAL ADMINISTRATION

Tuesday, March 1, 2005, 6:00 p.m. Hearing Room 4.

Markup for Office of Administration (if necessary), Statewide Leasing,

Judiciary, Public Defender, General Assembly.

APPROPRIATIONS - GENERAL ADMINISTRATION

Wednesday, March 2, 2005, 12:00 p.m. Hearing Room 7.

Markup for Office of Administration (if necessary), Statewide Leasing,

Judiciary, Public Defender, General Assembly.

APPROPRIATIONS - GENERAL ADMINISTRATION

Thursday, March 3, 2005, 8:00 a.m. Hearing Room 7.

Markup on Statewide Leasing (if necessary), Judiciary,

Public Defender, General Assembly.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

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

Department of Mental Health presentation.

Report presentation from Committee on Legislative Research, Oversight Division,

Departments of Health, Mental Health, and Social Services may be discussed.

APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

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

Markup for Department of Corrections. Executive session may follow.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

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

Departments of Transportation, Economic Development,

Insurance, and Labor and Industrial Relations.

Executive session may follow.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, March 1, 2005, Hearing Room 6 upon afternoon adjournment.

Departments of Transportation, Economic Development,

Insurance, and Labor and Industrial Relations.

Executive session may follow.

CHILDREN AND FAMILIES

Wednesday, March 2, 2005, 8:00 a.m. Hearing Room 7.

Executive session may follow

Public hearings to be held on: HB 36, HB 572

CORRECTIONS AND PUBLIC INSTITUTIONS

Wednesday, March 2, 2005, 8:00 a.m. Hearing Room 4.

Public hearings to be held on: HB 236, HB 631

CRIME PREVENTION AND PUBLIC SAFETY

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

Executive session may follow.

Public hearings to be held on: HB 353, HB 335, HB 486,

HB 488, HB 489, HB 196, HB 151

ELECTIONS

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

Executive session will precede public hearing.

Working session on HB 66 and HB 255 will follow public hearing with no public testimony.

Public hearings to be held on: HB 152, HB 280, HB 525

Executive session will be held on: HB 524

ELEMENTARY AND SECONDARY EDUCATION

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

Executive session may follow.

Public hearings to be held on: HB 258, HB 539

FISCAL REVIEW

Tuesday, March 1, 2005, 9:00 a.m. Hearing Room 4.

Executive session may follow.

Public hearing to be held on: HCS HB 468

HEALTH CARE POLICY

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

Executive session may follow. AMENDED

Public hearings to be held on: HB 232, HB 397, HB 462, HB 463

HIGHER EDUCATION

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

Executive session may follow.

Public hearings to be held on: HB 275, HB 341, HB 440

INSURANCE POLICY

Tuesday, March 1, 2005, Hearing Room 7 upon afternoon adjournment.

Executive session may follow.

Public hearings to be held on: HB 394, HB 400, HB 388, HB 417

JOB CREATION AND ECONOMIC DEVELOPMENT

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

Executive session may follow.

Public hearings to be held on: HB 431, HB 532

JOINT COMMITTEE ON CAPITAL IMPROVEMENTS AND LEASES OVERSIGHT

Tuesday, March 1, 2005, 8:30 a.m. Senate Committee Room 1.

Personnel matters to be considered. Executive session may follow.

JOINT COMMITTEE ON EDUCATION

Tuesday, March 1, 2005, 8:00 p.m. Senate Committee Room 2.

Foundation formula discussion. Executive session may follow.

JUDICIARY

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

Executive session may follow.

Public hearings to be held on: HB 208, HB 580, HB 582, HB 567, HB 456, HB 361

LOCAL GOVERNMENT

Tuesday, March 1, 2005, South side gallery upon afternoon adjournment. CORRECTED

Executive session will be held on: HB 58

LOCAL GOVERNMENT

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

Executive session will follow.

Public hearings to be held on: HB 444, HB 445, HB 465, HB 479, HB 405, HB 505

PROFESSIONAL REGISTRATION AND LICENSING

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

Public hearings to be held on: HB 311, HB 59

Executive session will be held on: HB 402

RULES

Tuesday, March 1, 2005, 5:30 p.m. Hearing Room 2.

Executive session may follow.

Public hearings to be held on: HCS HB 174, HCS HB 56, HCS HB 47,

HB 127, HCS HB 215, HR 530, HR 717, HR 741, HR 757, HB 573, HB 40

TRANSPORTATION

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

Executive session may follow.

Public hearings to be held on: HB 513, HB 418, HB 288, HB 518

VETERANS

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

Executive session will follow.

Public hearing to be held on: HB 412

HOUSE CALENDAR

THIRTY-FIRST DAY, TUESDAY, MARCH 1, 2005

HOUSE BILLS FOR SECOND READING

HB 652 through HB 661

HOUSE BILLS FOR PERFECTION - CONSENT

(2/22/05)

1          HB 248 - Pearce

2          HCS HB 297 - Pearce

(3/01/05)

1          HCS HB 135 - Richard

2          HB 229 - Portwood

3          HB 230 - Portwood

4          HCS HB 379 - Cooper (120)

HOUSE BILLS FOR THIRD READING

1          HCS HB 468, (Fiscal Review 2-24-05), E.C. - Richard

2          HCS HB 347 - Pratt

SENATE BILLS FOR SECOND READING

1          SB 21

2          SB 71

3          SB 123

4          SCS SB 138

5          SB 149

6          SB 162

7          SB 165

8          SB 171

9          SB 189

SENATE BILLS FOR THIRD READING

1          SS SCS SB 98 - Marsh                      (5 hours debate on Third Reading)

2          HCS SS SCS SB 1 & 130 - Hunter   (5 hours debate on Third Reading)

HOUSE CONCURRENT RESOLUTION

HCR 11, (2-17-05, Pages 351-352) - Sander