Journal of the House

First Regular Session, 93rd General Assembly

THIRTY-FIRST DAY, Tuesday, March 1, 2005

The House met pursuant to adjournment.

            Speaker Pro Tem Bearden in the Chair.

            Prayer by Father Donald W. Lammers.

We stand before You, Holy Spirit of God,

Conscious of our limitations,

Our weaknesses, even our sinfulness,

But aware that we gather in Your sight.

We gather for the sake of the people

we have been chosen to represent.

Enable us to uphold the rights of all,

That there might be justice for all.

Give us light to see what is just,

To understand what is right.

Do not allow us to be misled by ignorance

Or corrupted by fear of favor.

As we work through the agenda of this day,

Give us the wisdom to know Your will,

And the courage to carry it out.

Come to us, remain with us,

And enlighten our hearts.

For You are our God,

Forever and ever. Amen.

(Adapted from BOOK OF BLESSINGS)

            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: Dustin Spencer, Alex Hogan and Eliot Markman.

            The Journal of the thirtieth day was approved as printed.

HOUSE RESOLUTION

            Representative Deeken offered House Resolution No. 813.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 810 - Representative Cooper (120)

            House Resolution No. 811 - Representative Lager

            House Resolution No. 812 - Representative Nolte

            House Resolution No. 814 - Representative Jolly

SECOND READING OF HOUSE BILLS

            HB 652 through HB 661 were read the second time.

SECOND READING OF SENATE BILLS

            SB 21, SB 71, SB 123, SCS SB 138, SB 149, SB 162, SB 165, SB 171 and SB 189 were read the second time.

THIRD READING OF SENATE BILL

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

            Representative Henke offered House Amendment No. 6.

House Amendment No. 6

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 Missouri State University has a graduation rate that exceeds fifty percent for four consecutive academic years, beginning with the 2005-2006 academic year."; and

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

            Representative Henke moved that House Amendment No. 6 be adopted.

            Which motion was defeated.

            Representative Cooper (120) assumed the Chair.

            Speaker Pro Tem Bearden resumed the Chair.

            Representative Robb offered House Amendment No. 7.

House Amendment No. 7

AMEND Senate Substitute for Senate Committee Substitute for Senate Bill No. 98, Page 7, Section 174.020, Line 33, by inserting after all of said line the following:

              "6. Any change in the name of Southwest Missouri State University shall not become effective until the university is classified as a “public, doctoral/research university – extensive Carnegie institution” as designated by the Carnegie Foundation for the Advancement of Teaching based in Stanford, California, and the university must retain that designation for at least twenty-five years before any change in name occurs."; and

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

            Representative Robb moved that House Amendment No. 7 be adopted.

            Which motion was defeated by the following vote:

            Representative Yates offered House Amendment No. 8.

House Amendment No. 8

AMEND Senate Substitute for Senate Committee Substitute for Senate Bill No. 98, Page 15, Section 1, Lines 1 to 23, by deleting all of said lines and inserting in lieu thereof the following:

              "Section 1. 1. Missouri State University shall not seek the land grant designation held by Lincoln University and the University of Missouri, nor shall Missouri State University seek the research designation currently held by the University of Missouri.

              2. Missouri State University shall offer engineering programs and doctoral programs only in cooperation with the University of Missouri, and the University of Missouri shall be the degree-granting institution for any degrees issued under such cooperative programs. If the governing board of Missouri State University desires to institute a particular cooperative degree program with the University of Missouri, the governing board of Missouri State University shall send a written request to the governing board of University of Missouri. A subsequent agreement between the governing boards of Missouri State University and University of Missouri to institute such a program shall be subject to the approval of the coordinating board for higher education. Should the governing board of the University of Missouri decline Missouri State University's request to institute a particular cooperative degree program, the governing board of Missouri State University may, within a year, enter into an agreement with another educational institution to offer such a program or directly offer the particular degree. In all cases, the offering of such degree programs shall be subject to the approval of the coordinating board for higher education, or any other higher education governing authority that replaces the board.

              3. Notwithstanding the provisions of subsection 2 of this section, Missouri State University may offer doctoral programs in audiology and physical therapy. Missouri State University shall neither offer nor duplicate the professional programs at the University of Missouri, including, without limitation, those that train medical doctors, pharmacists, dentists, veterinarians, optometrists, lawyers, and architects.

              4. The alteration of the name of Southwest Missouri State University to Missouri State University shall not entitle Missouri State University to receive an increased percentage level of state funding in any year that exceeds the increased percentage level of funding allocated in the same year to regional state colleges and universities.

              Section 2. Notwithstanding the provisions of section 1.140, RSMo, to the contrary, the provisions of this act shall be nonseverable, and if any provision is for any reason held to be invalid, such decision shall invalidate all of the remaining provisions of this act."; and

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

            Representative Yates moved that House Amendment No. 8 be adopted.

            Which motion was defeated by the following vote:

            Representative Skaggs requested a division of the question on SS SCS SB 98.

            The division of the question was denied by the Chair.

            SS SCS SB 98 was laid over.

            On motion of Representative Dempsey, the House recessed until 2:00 p.m.

AFTERNOON SESSION

            The hour of recess having expired, the House was called to order by Speaker Pro Tem Bearden.

            The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Amanda Thurman, Sean McNeill, Amy Lehman and Jenny Medlin.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 815

                        through

            House Resolution No. 817 - Representative Dixon

            House Resolution No. 818 - Representative Lembke

            House Resolution No. 819

                        through

            House Resolution No. 832 - Representative Fraser

            House Resolution No. 833 - Representative Goodman

COMMITTEE REPORTS

            Committee on Fiscal Review, Chairman Guest reporting:

            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS HB 468, begs leave to report it has examined the same and recommends that it Do Pass.

THIRD READING OF SENATE BILL

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

            Speaker Jetton assumed the Chair.

            On motion of Representative Marsh, SS SCS SB 98 was truly agreed to and finally passed by the following vote:

            Speaker Jetton declared the bill passed.

            Representative Byrd assumed the Chair.

THIRD READING OF HOUSE BILLS

            HCS HB 468, relating to the Linked Deposit Program, was taken up by Representative Richard.

            On motion of Representative Richard, HCS HB 468 was read the third time and passed by the following vote:

            Representative Byrd declared the bill passed.

            The emergency clause was adopted by the following vote:

            HCS HB 347, relating to defective residential construction, was taken up by Representative Pratt.

            On motion of Representative Pratt, HCS HB 347 was read the third time and passed by the following vote:

            Representative Byrd declared the bill passed.

REFERRAL OF HOUSE BILL

            The following House Bill was referred to the Committee indicated:

HB 552 - Small Business

COMMITTEE REPORTS

            Committee on Agriculture Policy, Chairman Myers reporting:

            Mr. Speaker: Your Committee on Agriculture Policy, to which was referred HB 376, 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.

            Committee on Job Creation and Economic Development, Chairman Richard reporting:

            Mr. Speaker: Your Committee on Job Creation and Economic Development, to which was referred HB 348, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

            Committee on Judiciary, Chairman Byrd reporting:

            Mr. Speaker: Your Committee on Judiciary, to which was referred HB 269, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

            Mr. Speaker: Your Committee on Judiciary, to which was referred HB 361, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

            Mr. Speaker: Your Committee on Judiciary, to which was referred HB 580, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

            Committee on Veterans, Chairman Jackson reporting:

            Mr. Speaker: Your Committee on Veterans, to which was referred HB 163, HB 213 and HB 216, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

            Committee on Ways and Means, Chairman Sutherland reporting:

            Mr. Speaker: Your Committee on Ways and Means, to which was referred HB 48, 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.

            Mr. Speaker: Your Committee on Way and Means, to which was referred HB 186, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

            Committee on Rules, Chairman Cooper (120) reporting:

            Mr. Speaker: Your Committee on Rules, to which was referred HB 40, 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 56, 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 127, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.

ADVANCEMENT OF CONSENT BILLS

            Pursuant to Rule 44(b), the following bills, having remained on the House Consent Calendar for Perfection for five legislative days, were ordered perfected by consent with all committee substitutes and committee amendments thereto adopted and perfected by consent: HB 248 and HCS HB 297.

INTRODUCTION OF HOUSE JOINT RESOLUTION

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

HJR 21, introduced by Representative Cooper (120), relating to taxation.

INTRODUCTION OF HOUSE BILLS

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

HB 662, introduced by Representative Behnen, relating to statewide professional association membership.

HB 663, introduced by Representative Behnen, relating to the long-term care ombudsman program.

HB 664, introduced by Representative Behnen, relating to licensing of optometrists.

HB 665, introduced by Representative Behnen, relating to regulation of professional licensees.

HB 666, introduced by Representatives Guest, Chinn, Quinn, Munzlinger, McGhee, Myers, Sander, Dethrow and Whorton, relating to animal research and production facilities.

HB 667, introduced by Representative Ervin, relating to health carriers.

HB 668, introduced by Representatives Deeken, Parker and Bruns, relating to health insurance coverage for treatment of inherited diseases of amino and organic acids.

HB 669, introduced by Representatives Lampe, Aull, Wright-Jones, LeVota, Fraser, Boykins, Wallace, Baker (25) and Pearce, relating to teacher retirement.

HB 670, introduced by Representative Ruestman, relating to licensing requirements for cosmetologists.

HB 671, introduced by Representatives Sutherland and Bruns, relating to assisted living residences.

HB 672, introduced by Representative Sutherland, relating to which tobacco products can be lawfully sold in Missouri.

HB 673, introduced by Representatives Stefanick, Stevenson, Nance, Parker, Meiners, Dougherty, Baker (25), Lembke, Dempsey, Dixon, Skaggs and Villa, relating to the licensure of health care facilities.

HB 674, introduced by Representatives Stefanick, Pearce, Threlkeld, Cooper (155), Stevenson, Schaaf and Tilley, relating to provider contracts with health carriers.

HB 675, introduced by Representatives Stefanick, Stevenson, Nance, Baker (25), Lembke, Parker, Skaggs, Meiners, Dempsey, Brown (30), Cooper (158), Dougherty and Villa, relating to health care providers.

HB 676, introduced by Representative LeVota, relating to campaign contributions and reporting.

HB 677, introduced by Representative Byrd, relating to judicial review of administrative decisions.

HB 678, introduced by Representative Byrd, relating to corporations.

HB 679, introduced by Representatives Kraus, Yates, Munzlinger, McGhee, Baker (25), LeVota, Storch, Low (39), Jolly, Young, Schoemehl, Moore, Meiners, Johnson (47), Brown (50), Cunningham (86), Bland, Hughes and Aull, relating to effective involvement by parents and families in support of their children's education.

HB 680, introduced by Representatives Harris (110), Schad and Myers, relating to meat inspection.

HB 681, introduced by Representative Chappelle-Nadal, relating to the office of advocacy and assistance for the elderly.

HB 682, introduced by Representative Cooper (120), relating to sales and use taxes.

HB 683, introduced by Representatives Jolly, Oxford, Lowe (44), Fraser, Curls, Walton, Meiners, Low (39), LeVota, Skaggs, Donnelly, Burnett, Lampe, Storch, Chappelle-Nadal, Casey, Roorda, Meadows, Harris (110), Aull, Brown (50), Schoemehl, Kratky, Zweifel, Robinson, Rucker, Bowman, Selby, Yaeger, Johnson (61), Hughes, Bland, Johnson (90), McGhee, El-Amin, Faith and Boykins, relating to child care subsidies.

HB 684, introduced by Representative Lipke, relating to the DNA profiling system.

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 SCS SB 6, entitled:

            An act to amend chapter 640, RSMo, by adding thereto one new section relating to the establishment of the Missouri alternative and renewable energy technology commission, with an expiration date.

            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 122, entitled:

            An act to amend chapter 8, RSMo, by adding thereto one new section relating to the creation of the energy efficiency implementation act.

            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 131, entitled:

            An act to repeal sections 375.532 and 376.300, RSMo, and to enact in lieu thereof two new sections relating to insurance company investment in preferred stocks.

            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 211, entitled:

            An act to repeal sections 407.911, 407.912, and 407.913, RSMo, and to enact in lieu thereof three new sections relating to certain merchandising practices.

            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 242, entitled:

            An act to amend chapter 58, RSMo, by adding thereto one new section relating to registration of deputy coroners and assistant coroners.

            In which the concurrence of the House is respectfully requested.

COMMUNICATION

March 1, 2005

Mr. Stephen S. Davis, Chief Clerk

Missouri House of Representatives

State Capitol, Room 306-C

Jefferson City, MO 65101

Dear Mr. Davis:

Pursuant to Chapters 105.452 to 105.461, RSMo, this letter is an official report that I have invested in agriculture value-added cooperatives in which I may be eligible to receive New Generation Cooperative Incentive Tax Credits or loan guarantees. I would not have more than a ten percent interest in the value-added cooperatives.

In order to comply with Chapters 105.452 to 105.461, please publish this report in the Journal of the House.

Sincerely,

/s/ Brian Munzlinger

District 1

WITHDRAWAL OF HOUSE BILL

March 1, 2005

Steve Davis, Chief Clerk

House of Representatives

State Capitol Building

Jefferson City, MO 65101

Dear Mr. Davis:

I respectfully request that House Bill No. 199 be withdrawn.

If you have any questions, please contact my office.

Sincerely,

/s/ Rep. Ed Wildberger

District 27

            The following member's presence was noted: Behnen.

ADJOURNMENT

            On motion of Representative Dempsey, the House adjourned until 9:45 a.m., Wednesday, March 2, 2005.

CORRECTIONS TO THE HOUSE JOURNAL

AFFIDAVITS

I, State Representative Sharon Sanders Brooks, District 37, hereby state and affirm that my vote as recorded on the motion to third read and pass HCS HB 468 in the House Journal for Tuesday, March 1, 2005 showing that I voted absent 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 1st day of March 2005.

                                                                                                    /s/ Sharon Sanders Brooks

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )

Subscribed and sworn to before me this 1st day of March in the year 2005.

                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

___________

I, State Representative Tim Meadows, District 101, hereby state and affirm that my vote as recorded on the motion to adopt the Emergency Clause on HCS HB 468 in the House Journal for Tuesday, March 1, 2005 showing that I voted no 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 1st day of March 2005.

                                                                                                    /s/ Tim Meadows

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )

Subscribed and sworn to before me this 1st day of March in the year 2005.

                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

___________

COMMITTEE MEETINGS

APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

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

Markup on Departments of Agriculture and Natural Resources. AMENDED

APPROPRIATIONS - GENERAL ADMINISTRATION

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

Mark up 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 - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Wednesday, March 2, 2005, Hearing Room 6 upon afternoon adjournment.

Departments of Transportation, Economic Development, Insurance,

Labor and Industrial Relations. Executive session. Note room change. AMENDED

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

CONSERVATION AND NATURAL RESOURCES

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

Possible Executive session.

Public hearings to be held on: HB 33, HB 510, HB 130

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

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

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

INSURANCE POLICY

Thursday, March 3, 2005, 8:30 a.m. Hearing Room to be announced.

Executive session may follow.

Public hearings to be held on: HB 496, HB 388, HB 417, HB 400, HB 394

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 ECONOMIC DEVELOPMENT, POLICY AND PLANNING

Thursday, March 3, 2005, 12:30 p.m. Hearing Room 6.

Organizational meeting.

Discuss 7-year extension of Neosho/Newton County enterprise zone.

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

Wednesday, March 2, 2005, Hearing Room 4 upon afternoon adjournment.

Executive session may follow.

Public hearings to be held on: HCR 4, HB 100, HB 592, HCS HB 163, 213 & 216

SENIOR CITIZEN ADVOCACY

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

Executive session may follow.

Public hearing to be held on: HB 507

SMALL BUSINESS

Wednesday, March 2, 2005, 12:00 p.m. Hearing Room 4.

Executive session may follow.

Public hearing to be held on: HB 576

SPECIAL COMMITTEE ON URBAN ISSUES

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

Executive may follow. AMENDED

Public hearing to be held on: HB 639

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

UTILITIES

Wednesday, March 2, 2005, 12:00 p.m. Hearing Room 5.

Committee meetings begin at noon or upon morning adjournment, whichever comes first.

Executive session may follow.

Public hearing to be held on: HB 433

VETERANS

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

Executive session will follow.

Public hearing to be held on: HB 412

WAYS AND MEANS

Wednesday, March 2, 2005, Hearing Room 5 upon afternoon adjournment.

Executive session may follow.

Public hearings to be held on: HB 312, HB 364, HB 373, HB 544, HB 64

HOUSE CALENDAR

THIRTY-SECOND DAY, WEDNESDAY, MARCH 2, 2005

HOUSE JOINT RESOLUTION FOR SECOND READING

HJR 21

HOUSE BILLS FOR SECOND READING

HB 662 through HB 684

HOUSE BILLS FOR PERFECTION - CONSENT

 (3/01/05)

1          HCS HB 135 - Richard

2          HB 229 - Portwood

3          HB 230 - Portwood

4          HCS HB 379 - Cooper (120)

 (3/02/05)

1          HB 40 - Tilley

2          HCS HB 56 - Threlkeld

3          HB 127 - Bivins

HOUSE BILLS FOR THIRD READING - CONSENT

1          HB 248 - Pearce

2          HCS HB 297 - Pearce

SENATE BILLS FOR SECOND READING

1          SCS SB 6

2          SB 122

3          SB 131

4          SB 211

5          SB 242

SENATE BILL FOR THIRD READING

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