Journal of the House


First Regular Session, 93rd General Assembly




THIRTY-SEVENTH DAY, Thursday, March 10, 2005

The House met pursuant to adjournment.


            Speaker Pro Tem Bearden in the Chair.


            Prayer by Father Donald W. Lammers.


              Almighty God, You command the March winds.


              “The wind blows where it wills, and you can hear the sound it makes, but you do not know where it comes from or where it goes...” (John 3:8). Holy Spirit of God, whom we begin to understand through the wind You create and control, blow among us as an assembly, move within each of us.


              Spirit of silence, in the still moments of this day open us to God’s presence.


              Spirit of peace, help us to be attentive to God’s word in the world.


              Spirit of love, compel us to be open to the needs of others.


              Spirit of power, bestow the gift of Your strength upon us.


              Spirit of God, one with God, Almighty God, who lives and reigns forever and ever. 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: Nicole Campbell, Allison Campbell, Ashley Cox, Dusty Cox, Megan Chappell, Josh Chappell, Jacob Cluck, Jacob Moss, Emily Akers, Zackery Akers, Adam Ballew, Alissa Ballew, Buffy Parish, Todd Crites, Tricia Crites, Billy Crites, Caleb Hovis, Tanner Hovis, Dalton Hovis, Jessie Adams, Ashley Adams and Alison Keiper.


            The Journal of the thirty-sixth day was approved as corrected.


            Speaker Jetton assumed the Chair.


SPECIAL RECOGNITION


            Ms. Jackie Sproat was introduced by Representative Swinger and recognized as an Outstanding Missourian.


            The 1140th Engineering Battalion, A Company, was introduced by Representative Avery and honored by the entire Missouri House of Representatives.

            Speaker Pro Tem Bearden resumed the Chair.


HOUSE RESOLUTION


            Representative Wright (137), et al., offered House Resolution No. 1176.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 1136 - Representative Schneider, et al.

            House Resolution No. 1137 - Representative Salva

            House Resolution No. 1138

                        and

            House Resolution No. 1139 - Representative Harris (110)

            House Resolution No. 1140 - Representative Kraus

            House Resolution No. 1141

                        through

House Resolution No. 1143 - Representative Lager

            House Resolution No. 1144 - Representative Bean

            House Resolution No. 1145 - Representative Cunningham (145)

            House Resolution No. 1146

                        through

            House Resolution No. 1150 - Representative Jetton

            House Resolution No. 1151 - Representative Parker

            House Resolution No. 1152 - Representative Munzlinger

            House Resolution No. 1153 - Representative Walton

            House Resolution No. 1154

                         and 

            House Resolution No. 1155 - Representative Fares

            House Resolution No. 1156 - Representative Smith (14)

            House Resolution No. 1157

                        through

            House Resolution No. 1170 - Representative Wilson (119)

            House Resolution No. 1171 - Representative Kingery

            House Resolution No. 1172

                        through

            House Resolution No. 1174 - Representative Lager

            House Resolution No. 1175 - Representative El-Amin

            House Resolution No. 1177 - Representative Flook

            House Resolution No. 1178 - Representative Jetton

            House Resolution No. 1179

                        and

            House Resolution No. 1180 - Representative Denison

            House Resolution No. 1181

                        through

            House Resolution No. 1184 - Representative Bruns

            House Resolution No. 1185 - Representative Cooper (158)

            House Resolution No. 1186 - Representative Schad

            House Resolution No. 1187 - Representative Sanders Brooks

            House Resolution No. 1188

                        through

            House Resolution No. 1194 - Representative Fares

            House Resolution No. 1195

                        through

            House Resolution No. 1208 - Representative Sander

            House Resolution No. 1209 - Representative Threlkeld


SECOND READING OF HOUSE JOINT RESOLUTION


             HJR 22 was read the second time.


SECOND READING OF HOUSE BILLS


            HB 738 through HB 762 were read the second time.


SECOND READING OF SENATE BILLS


            SB 38, SB 42, SCS SB 57, SCS SB 73, SCS SBs 103 & 115, SB 156, SCS SB 161, SB 192, SB 209, SCS SB 222, SCS SB 227, SCS SB 233, SCS SB 238, SCS SB 246, SCS SB 247, SB 257, SCS SB 258, SB 259, SCS SB 260, SCS SB 262, SCS SB 266, SCS SB 267, SB 268, SB 280, SB 285, SB 286, SB 304 and SB 317 were read the second time.


THIRD READING OF HOUSE BILLS


            HCS#2 HBs 94 & 185, relating to scholarships for survivors of veterans, was taken up by Representative Cunningham (145).


            On motion of Representative Cunningham (145), HCS#2 HBs 94 & 185 was read the third time and passed by the following vote:


AYES: 153

 

 

 

 

 

 

 

 

 

Aull

Baker 123

Baker 25

Barnitz

Bearden

Behnen

Bivins

Black

Bland

Boykins

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

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 110

Harris 23

Haywood

Henke

Hobbs

Hoskins

Hughes

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

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

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

 

Avery

Bean

Bowman

Dusenberg

Hubbard

Hunter

Johnson 90

Sutherland

Yaeger

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            HCS HB 365, relating to county sheriff's revolving funds, was taken up by Representative Munzlinger.


            On motion of Representative Munzlinger, HCS HB 365 was read the third time and passed by the following vote:


AYES: 142

 

 

 

 

 

 

 

 

 

Aull

Baker 123

Baker 25

Barnitz

Bearden

Behnen

Black

Bland

Bringer

Brown 30

Brown 50

Bruns

Burnett

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Darrough

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Emery

Ervin

Faith

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 110

Harris 23

Haywood

Henke

Hobbs

Hoskins

Hughes

Icet

Jackson

Johnson 47

Jolly

Jones

Kelly

Kingery

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

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

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 007

 

 

 

 

 

 

 

 

 

Byrd

Chappelle-Nadal

Daus

El-Amin

Kratky

Oxford

Page

 

 

 

 

 

 

 

 

PRESENT: 004

 

 

 

 

 

 

 

 

 

Bivins

Brooks

Fares

Johnson 61

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

 

Avery

Bean

Bowman

Boykins

Dusenberg

Hubbard

Hunter

Johnson 90

Yaeger

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            The emergency clause was adopted by the following vote:


AYES: 144

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Baker 25

Barnitz

Bearden

Behnen

Black

Bland

Boykins

Bringer

Brown 30

Brown 50

Bruns

Burnett

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Darrough

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Emery

Ervin

Faith

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 110

Harris 23

Haywood

Henke

Hobbs

Hoskins

Hughes

Icet

Jackson

Johnson 47

Jolly

Jones

Kelly

Kingery

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

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

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 008

 

 

 

 

 

 

 

 

 

Brooks

Byrd

Chappelle-Nadal

Daus

El-Amin

Kratky

Oxford

Page

 

 

 

 

 

 

 

PRESENT: 003

 

 

 

 

 

 

 

 

 

Bivins

Fares

Johnson 61

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Bean

Bowman

Dusenberg

Hubbard

Hunter

Johnson 90

Yaeger

 

 

 

 

 

 

 

 

VACANCIES: 001


            HB 100, relating to abortion regulations, was taken up by Representative Cunningham (86).


            On motion of Representative Cunningham (86), HB 100 was read the third time and passed by the following vote:


AYES: 122

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Barnitz

Bearden

Behnen

Bivins

Black

Bringer

Brown 30

Bruns

Burnett

Byrd

Casey

Chinn

Cooper 120

Cooper 155

Corcoran

Cunningham 145

Cunningham 86

Curls

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Emery

Ervin

Faith

Fisher

Flook

Franz

George

Goodman

Guest

Harris 110

Henke

Hobbs

Hunter

Icet

Jackson

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lembke

Liese

Lipke

Loehner

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Smith 118

Smith 14

Spreng

Stefanick

Stevenson

St. Onge

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Wasson

Wells

Weter

Wildberger

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 031

 

 

 

 

 

 

 

 

 

Baker 25

Bland

Boykins

Brooks

Brown 50

Chappelle-Nadal

Darrough

Donnelly

El-Amin

Fares

Fraser

Harris 23

Hoskins

Hughes

Johnson 47

Johnson 61

Jolly

Lampe

LeVota

Low 39

Lowe 44

Oxford

Page

Skaggs

Storch

Walton

Whorton

Witte

Wright-Jones

Young

Zweifel

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

 

Bean

Bowman

Cooper 158

Dusenberg

Haywood

Hubbard

Johnson 90

Roorda

Yaeger

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            HCS HB 186, relating to transient guest tax and food sales tax, was taken up by Representative Emery.


            On motion of Representative Emery, HCS HB 186 was read the third time and passed by the following vote:


AYES: 117

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Barnitz

Bearden

Behnen

Bivins

Black

Bland

Boykins

Bringer

Brown 50

Bruns

Byrd

Chappelle-Nadal

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Curls

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Emery

Faith

Fares

Fisher

Franz

Fraser

Goodman

Guest

Hobbs

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Jolly

Jones

Kelly

Kingery

Kratky

Kuessner

Lager

Lampe

LeVota

Liese

Lipke

Loehner

May

McGhee

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Parker

Parson

Pearce

Phillips

Pollock

Quinn

Rector

Richard

Robb

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Smith 118

Smith 14

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wallace

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Witte

Wood

Wright-Jones

Wright 137

Wright 159

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 036

 

 

 

 

 

 

 

 

 

Baker 25

Brooks

Brown 30

Burnett

Casey

Corcoran

Darrough

Daus

Donnelly

El-Amin

Ervin

Flook

George

Harris 110

Harris 23

Henke

Hoskins

Kraus

Lembke

Low 39

Lowe 44

Meadows

Nolte

Oxford

Page

Portwood

Pratt

Roark

Robinson

Roorda

Rucker

Skaggs

Walsh

Walton

Wildberger

Yates

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

 

Bean

Bowman

Dusenberg

Haywood

Hubbard

Johnson 90

Marsh

Wagner

Yaeger

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            The emergency clause was adopted by the following vote:


AYES: 117

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Barnitz

Bearden

Behnen

Bivins

Black

Boykins

Bringer

Bruns

Burnett

Byrd

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Curls

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dougherty

Emery

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Henke

Hobbs

Hunter

Icet

Jackson

Johnson 47

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

LeVota

Liese

Lipke

Loehner

Lowe 44

May

McGhee

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Parker

Parson

Pearce

Phillips

Pollock

Pratt

Quinn

Rector

Richard

Robb

Ruestman

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Smith 118

Smith 14

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wallace

Walsh

Wasson

Wells

Weter

Wilson 119

Wilson 130

Witte

Wood

Wright-Jones

Wright 137

Wright 159

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 028

 

 

 

 

 

 

 

 

 

Bland

Brooks

Brown 30

Brown 50

Casey

Corcoran

Darrough

Daus

Donnelly

El-Amin

Ervin

Harris 110

Harris 23

Hoskins

Hughes

Lembke

Low 39

Meadows

Nolte

Oxford

Page

Portwood

Roark

Robinson

Rucker

Skaggs

Walton

Wildberger

 

 

 

 

 

 

 

PRESENT: 006

 

 

 

 

 

 

 

 

 

Baker 25

Chappelle-Nadal

Cunningham 86

Johnson 61

Roorda

Whorton

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 011

 

 

 

 

 

 

Bean

Bowman

Dixon

Dusenberg

Haywood

Hubbard

Johnson 90

Marsh

Rupp

Wagner

Yaeger

 

 

 

 

 

 

 

 

 

VACANCIES: 001


            HB 48, relating to museum and tourism-related sales tax, was taken up by Representative Dougherty.


            On motion of Representative Dougherty, HB 48 was read the third time and passed by the following vote:


AYES: 130

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Baker 25

Barnitz

Bearden

Behnen

Bivins

Black

Bland

Boykins

Bringer

Brown 50

Bruns

Burnett

Byrd

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Emery

Faith

Fares

Fisher

Franz

Fraser

George

Goodman

Guest

Hobbs

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

LeVota

Liese

Lipke

Loehner

Lowe 44

May

McGhee

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Oxford

Parker

Parson

Pearce

Phillips

Pollock

Pratt

Quinn

Rector

Richard

Robb

Robinson

Rucker

Ruestman

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

Wallace

Walsh

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright-Jones

Wright 137

Wright 159

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

NOES: 018

 

 

 

 

 

 

 

 

 

Brooks

Brown 30

Chappelle-Nadal

Donnelly

Ervin

Flook

Harris 110

Harris 23

Henke

Hoskins

Lembke

Low 39

Nolte

Page

Portwood

Roark

Roorda

Walton

 

 

 

 

 

 

 

PRESENT: 002

 

 

 

 

 

 

 

 

 

Cunningham 86

Meadows

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 012

 

 

 

 

 

 

Bean

Bowman

Dusenberg

El-Amin

Haywood

Hubbard

Johnson 90

Marsh

Rupp

Salva

Wagner

Yaeger

 

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            The emergency clause was adopted by the following vote:


AYES: 130

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Baker 25

Barnitz

Bearden

Behnen

Bivins

Black

Bland

Boykins

Bringer

Brown 50

Bruns

Burnett

Byrd

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

El-Amin

Emery

Faith

Fares

Fisher

Franz

Fraser

George

Goodman

Guest

Henke

Hobbs

Hughes

Hunter

Icet

Jackson

Johnson 47

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

LeVota

Liese

Lipke

Loehner

Lowe 44

May

McGhee

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Oxford

Parker

Parson

Pearce

Phillips

Pollock

Pratt

Quinn

Rector

Richard

Robb

Robinson

Rucker

Ruestman

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Skaggs

Smith 118

Smith 14

Spreng

Stefanick

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wallace

Walsh

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright-Jones

Wright 137

Wright 159

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

NOES: 016

 

 

 

 

 

 

 

 

 

Brooks

Brown 30

Chappelle-Nadal

Donnelly

Ervin

Flook

Harris 110

Harris 23

Hoskins

Lembke

Low 39

Nolte

Page

Portwood

Roark

Walton

 

 

 

 

 

 

 

 

 

PRESENT: 004

 

 

 

 

 

 

 

 

 

Cunningham 86

Johnson 61

Meadows

Roorda

 

 

 

 

 

 

ABSENT WITH LEAVE: 012

 

 

 

 

 

 

Bean

Bowman

Dusenberg

Haywood

Hubbard

Johnson 90

Marsh

Rupp

Salva

Stevenson

Wagner

Yaeger

 

 

 

 

 

 

 

 

VACANCIES: 001


            HB 114, relating to Kansas City transportation sales tax, was taken up by Representative Johnson (47).


            On motion of Representative Johnson (47), HB 114 was read the third time and passed by the following vote:


AYES: 115

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bearden

Behnen

Black

Bland

Boykins

Bringer

Brooks

Brown 50

Burnett

Byrd

Chappelle-Nadal

Casey

Chinn

Cooper 120

Cooper 155

Corcoran

Cunningham 145

Curls

Darrough

Daus

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

El-Amin

Faith

Fares

Fisher

Franz

Fraser

George

Goodman

Guest

Harris 23

Hobbs

Hoskins

Hughes

Johnson 47

Johnson 61

Jolly

Jones

Kelly

Kratky

Kraus

Kuessner

Lager

Lampe

LeVota

Liese

Loehner

Low 39

Lowe 44

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Nance

Nolte

Oxford

Parker

Parson

Pearce

Pollock

Pratt

Richard

Robb

Robinson

Roorda

Rucker

Salva

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Skaggs

Smith 118

Smith 14

Spreng

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Villa

Vogt

Wallace

Walsh

Wasson

Weter

Whorton

Wildberger

Wilson 119

Witte

Wood

Wright-Jones

Wright 137

Wright 159

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

NOES: 034

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Barnitz

Brown 30

Bruns

Cooper 158

Davis

Day

Emery

Ervin

Flook

Harris 110

Henke

Hunter

Icet

Jackson

Kingery

Lembke

Lipke

Muschany

Myers

Nieves

Page

Phillips

Portwood

Quinn

Rector

Roark

Ruestman

Sander

Stefanick

Viebrock

Wells

Wilson 130

 

 

 

 

 

 

PRESENT: 002

 

 

 

 

 

 

 

 

 

Cunningham 86

Walton

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 011

 

 

 

 

 

 

Bean

Bivins

Bowman

Dusenberg

Haywood

Hubbard

Johnson 90

Marsh

Rupp

Wagner

Yaeger

 

 

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


MESSAGES FROM THE SENATE


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed Senator Clemens to replace Senator Crowell as conferee on HCS SS SCS SBs 1 & 130.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SCS HCS HB 393, entitled:


            An act to repeal sections 355.176, 408.040, 490.715, 508.010, 508.040, 508.070, 508.120, 510.263, 516.105, 537.035, 537.067, 537.090, 538.205, 538.210, 538.220, 538.225, 538.230, and 538.300, RSMo, and to enact in lieu thereof twenty-one new sections relating to claims for damages and the payment thereof.


            With Senate Amendment No. 1 to Senate Amendment No. 4, Senate Amendment No. 4, as amended, Senate Amendment No. 1 to Senate Amendment No. 5, Senate Amendment No. 5, as amended, Senate Amendment No. 6, Senate Amendment No. 7, Senate Amendment No. 9 and Senate Amendment No. 11.


Senate Amendment No. 1

to

Senate Amendment No. 4


AMEND Senate Amendment No. 4 to Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 393, Page 1, Line 4, by striking the word “III” and inserting in lieu thereof : “I”.


Senate Amendment No. 4


AMEND Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 393, Page 21, Section 538.205, Line 23 of said page, by inserting immediately after the word “RSMo,” the following:


              provided such long-term care facility has not been cited for violation of a class III standard under section 198.085, RSMo, in the past three years,”.




Senate Amendment No. 1

to

Senate Amendment No. 5


AMEND Senate Amendment No. 5 to Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 393, Line 3, by striking the words “and further amend said” and further amend lines 4 to 7, by striking all of said lines.


Senate Amendment No. 5


AMEND Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 393, Page 23, Section 538.210, Line 6, by striking the opening and closing brackets; and


              Further amend said line by striking the word “two”; and


              Further amend said section, Page 24, Line 12, by striking the opening bracket “[“ from said line; and


              Further amend Line 23, by striking the closing bracket “]” from said line; and


              Further renumber the remaining subsections accordingly.


Senate Amendment No. 6


AMEND Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 393, Page 28, Section 538.228, Line 23, by inserting after the word “treatment” the following:


              to a patient”; and


              Further amend said section and page, Line 27, by inserting after the word “that” the following:


              solely”; and


              Further amend said section, Page 29, Lines 2 to 9, by striking all of said lines and insert in lieu thereof the following:


              amended, shall not be”; and


              Further amend said section and page, Line 10, by striking the word “noneconomic” and inserting in lieu thereof the following:


              civil”; and


              Further amend said section and page, Line 13, by inserting after the word “treatment” the following:


              or unless the physician maintained, at the time of treatment, liability insurance coverage for such treatment”; and


              Further amend said section and page, Lines 15-17, by striking all of said lines and inserting in lieu thereof the following:


              (2) Is certified in advance of the treatment as being rendered free of charge to the patient, with no compensation from any party or third-party provider, or any attempt to obtain compensation from any third-party provider.


For purposes of this section, a physician covered under the state legal expense fund under section 105.711, RSMo, shall not be construed as maintaining liability insurance coverage under this section.”.


Senate Amendment No. 7


AMEND Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 393, Page 24, Section 538.210, Line 4, by inserting after the closing bracket “]” the following:


              (1) Such limitation shall also apply to any individual or entity, or their employees or agents that provide, refer, coordinate, consult upon, or arrange for the delivery of health care services to the plaintiff; and

              (2) Who is a defendant in a lawsuit brought against a health care provider under this chapter, or who is a defendant in any lawsuit that arises out of the rendering of or the failure to render health care services. Such limitation shall apply to all claims for contribution.

              3. No individual or entity whose liability is limited by the provisions of this chapter shall be liable to any plaintiff based on the actions or omissions of any other entity or person who is not an employee of that individual or entity whose liability is limited by the provisions of this chapter.

              4.”; and


              Further amend the remaining subsections accordingly.


Senate Amendment No. 9


AMEND Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 393, Page 31, Section 3, Line 5, by inserting immediately after said line the following:


              "Section 4. In any action against a health care provider for damages for personal injury or death arising out of the rendering of or the failure to render health care services, no person shall qualify as an expert witness on such issue unless at least fifty percent of such person’s professional time within the two-year period preceding the incident giving rise to the action is devoted to actual clinical practice in the same profession in which the defendant is licensed.".


              Further amend the title and enacting clause accordingly.


Senate Amendment No. 11


AMEND Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 393, Page 20, Section 537.067, Lines 2-4, by striking all of the underlined language on said lines and inserting in lieu thereof the following:


              if the defendant is found to bear fifty-one percent or more of fault, then the defendant shall be jointly and severally liable for the amount of the judgment rendered against the defendants. If a defendant is found to bear less than fifty-one percent of fault, then the defendant shall only be responsible for the percentage of the judgment for which the defendant is determined to be responsible by the trier of fact.

              2. The defendants shall only be severally liable for the percentage of punitive damages for which fault is attributed to such defendant by the trier of fact.”.


            In which the concurrence of the House is respectfully requested.


HOUSE BILL WITH SENATE AMENDMENTS


            SS SCS HCS HB 393, as amended, relating to tort reform, was taken up by Representative Byrd.


            Representative Byrd moved that the House refuse to adopt SS SCS HCS HB 393, as amended, and request the Senate to recede from its position or, failing to do so, grant the House a conference.


            Which motion was adopted.


REFERRAL OF HOUSE RESOLUTION


            The following House Resolution was referred to the Committee indicated:


HR 1176 - Special Committee on General Laws


REFERRAL OF HOUSE CONCURRENT RESOLUTIONS


            The following House Concurrent Resolutions were referred to the Committee indicated:


HCR 5 - Utilities

HCR 6 - Veterans

HCR 7 - Ways and Means

HCR 8 - Retirement


REFERRAL OF HOUSE BILLS


            The following House Bills were referred to the Committee indicated:


HB 268 - Ways and Means

HB 403 - Retirement

HB 424 - Local Government

HB 464 - Special Committee on General Laws

HB 593 - Crime Prevention and Public Safety

HB 605 - Judiciary

HB 621 - Children and Families

HB 672 - Ways and Means

HB 673 - Professional Registration and Licensing

HB 674 - Health Care Policy

HB 675 - Professional Registration and Licensing

HB 685 - Corrections and Public Institutions

HB 686 - Local Government

HB 689 - Local Government

HB 690 - Transportation

HB 691 - Rules

HB 692 - Ways and Means

HB 693 - Judiciary

HB 694 - Children and Families

HB 695 - Children and Families

HB 696 - Health Care Policy

HB 697 - Transportation

HB 698 - Conservation and Natural Resources

HB 699 - Ways and Means

HB 700 - Corrections and Public Institutions

HB 701 - Job Creation and Economic Development

HB 702 - Professional Registration and Licensing

HB 703 - Agriculture Policy

HB 704 - Workforce Development and Workplace Safety

HB 705 - Transportation

HB 708 - Rules

HB 709 - Crime Prevention and Public Safety

HB 711 - Job Creation and Economic Development

HB 712 - Crime Prevention and Public Safety

HB 713 - Ways and Means

HB 714 - Judiciary

HB 715 - Crime Prevention and Public Safety

HB 717 - Insurance Policy

HB 718 - Judiciary

HB 719 - Judiciary

HB 720 - Local Government

HB 721 - Retirement

HB 722 - Retirement

HB 724 - Insurance Policy

HB 725 - Professional Registration and Licensing

HB 726 - Rules

HB 727 - Small Business

HB 728 - Elections

HB 731 - Elections

HB 732 - Local Government

HB 733 - Insurance Policy

HB 734 - Job Creation and Economic Development

HB 735 - Children and Families

HB 738 - Professional Registration and Licensing

HB 743 - Corrections and Public Institutions


RE-REFERRAL OF HOUSE BILL


            The following House Bill was re-referred to the Committee indicated:


HB 591 - Transportation


REFERRAL OF SENATE CONCURRENT RESOLUTION


            The following Senate Concurrent Resolution was referred to the Committee indicated:


SCR 3 - Rules




COMMITTEE REPORTS


            Committee on Administration and Accounts, Chairman Wright (137) reporting:


            Mr. Speaker: Your Committee on Administration and Accounts, to which was referred HR 1117, 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.


HOUSE RESOLUTION NO. 1117


              WHEREAS, Section 21.155, RSMo, provides that the House of Representatives may, by resolution, continue in employment such number of efficient employees after any adjournment of a regular session or sine die adjournment of the General Assembly as may be necessary for operation of the House; and


              WHEREAS, the House of Representatives will have need for secretarial, administrative, and research, budget, and support staff after the adjournment of the House on May 13, 2005; and

 

              WHEREAS, employees of the House of Representatives are designated and funded in House Bill No. 12, including those employees who may be needed for veto, special, or extraordinary sessions of the House:


              NOW, THEREFORE, BE IT RESOLVED that the Missouri House of Representatives, Ninety-third General Assembly, may employ for the period between May 13, 2005, and January 4, 2006, such employees as are necessary to perform the duties of the House, not to exceed that amount authorized pursuant to appropriation. Such employees shall include necessary secretarial, administrative, and research, budget, and support staff personnel appointed by the Speaker whose terms of employment are established by the Committee on Administration and Accounts.


            Mr. Speaker: Your Committee on Administration and Accounts, to which was referred HB 219, 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 Agriculture Policy, Chairman Myers reporting:


            Mr. Speaker: Your Committee on Agriculture Policy, to which was referred HB 528, 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 Agriculture Policy, to which was referred HB 563, 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 Children and Families, Chairman Phillips reporting:


            Mr. Speaker: Your Committee on Children and Families, to which was referred HB 568, 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 Conservation and Natural Resources, Chairman Hobbs reporting:


            Mr. Speaker: Your Committee on Conservation and Natural Resources, to which was referred HB 33, 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 Conservation and Natural Resources, to which was referred HB 455, 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 Elections, Chairman May reporting:


            Mr. Speaker: Your Committee on Elections, to which was referred HB 255, 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.


            Mr. Speaker: Your Committee on Elections, to which was referred HB 525, 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 Elementary and Secondary Education, Chairman Cunningham (86) reporting:


            Mr. Speaker: Your Committee on Elementary and Secondary Education, to which was referred HCR 25, 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.


HOUSE COMMITTEE SUBSTITUTE

FOR

HOUSE CONCURRENT RESOLUTION NO. 25


              WHEREAS, obesity among the children of Missouri is at epidemic stages and can lead to poor health conditions and chronic diseases, such as heart disease, stroke, diabetes, and cancer; and


              WHEREAS, Medicaid and other health care costs are escalating in Missouri and are significantly impacted by obesity; and


              WHEREAS, adequate physical activity helps children grow, develop, and do well in school; and


              WHEREAS, school-based health education and physical education programs teach young people to acquire an active lifestyle; and


              WHEREAS, healthy bodies and minds are major contributors to readiness to learn, to improved school attendance, and to improved performance in sports and other extracurricular activities; and


              WHEREAS, the General Assembly needs to identify long-term strategies to reduce the need for public assistance programs and to lower health care costs related to chronic diseases and poor health:


              NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-third General Assembly, First Regular Session, the Senate concurring therein, hereby supports implementation of school policies that ensure a healthy environment in our schools by increasing the physical education requirements for kindergarten through twelfth grade. This requirement would ensure daily physical education for kindergarten through eighth grade and increase the high school requirement to a minimum of two credits; and


              BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for the Director of the Missouri Department of Elementary and Secondary Education and that the Director of the Department of Elementary and Secondary Education distribute a copy to every school district in Missouri.


            Mr. Speaker: Your Committee on Elementary and Secondary Education, to which was referred HB 258, 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 Elementary and Secondary Education, to which was referred HB 276, 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.


            Mr. Speaker: Your Committee on Elementary and Secondary Education, to which was referred HB 473, 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 Elementary and Secondary Education, to which was referred HB 539, 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 Insurance Policy, Chairman Yates reporting:


            Mr. Speaker: Your Committee on Insurance Policy, to which was referred HB 394, 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 628, 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.


            Mr. Speaker: Your Committee on Judiciary, to which was referred HB 630, 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 Local Government, Chairman Johnson (47) reporting:


            Mr. Speaker: Your Committee on Local Government, to which was referred HB 180, 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 Local Government, to which was referred HB 260, 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 Local Government, to which was referred HB 395, 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 Local Government, to which was referred HB 450, 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.


            Mr. Speaker: Your Committee on Local Government, to which was referred HB 577, 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 Professional Registration and Licensing, Chairman Behnen reporting:


            Mr. Speaker: Your Committee on Professional Registration and Licensing, to which was referred HB 600, 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 Retirement, Chairman Smith (118) reporting:


            Mr. Speaker: Your Committee on Retirement, to which was referred HB 261, 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 Retirement, to which was referred HB 323, 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 Retirement, to which was referred HB 334, 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.


            Mr. Speaker: Your Committee on Retirement, to which was referred HB 443, 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.


            Mr. Speaker: Your Committee on Retirement, to which was referred HB 606, 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 Senior Citizen Advocacy, Chairman Bruns reporting:


            Mr. Speaker: Your Committee on Senior Citizen Advocacy, to which was referred HB 649, 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.


            Mr. Speaker: Your Committee on Senior Citizen Advocacy, to which was referred HB 681, 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 Ways and Means, Chairman Sutherland reporting:


            Mr. Speaker: Your Committee on Ways and Means, to which was referred HB 321, 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 Rules, Chairman Cooper (120) reporting:


            Mr. Speaker: Your Committee on Rules, to which was referred HB 69, 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 177, begs leave to report it has examined the same and recommends that it Do Pass - NOT CONSENT, with no time limit for debate.


            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 231, begs leave to report it has examined the same and recommends that it Do Pass - NOT CONSENT, with no time limit for debate.


            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 232, begs leave to report it has examined the same and recommends that it Be Returned to the Committee of Origin.


            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 388, 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 402, 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 456, 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 474, 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 486, 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 508, 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 515, 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 576, 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 596, 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 638, 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 678, 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 684, 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 and printed by consent with all committee substitutes and committee amendments thereto adopted and perfected by consent: HCS HB 47, HCS HBs 163, 213 & 216 and HB 592.


INTRODUCTION OF HOUSE JOINT RESOLUTION


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


HJR 23, introduced by Representatives Emery, Rector, Bivins, Hunter, Phillips, Stevenson, Faith, Sander, Threlkeld, Schlottach, Wasson, Kraus, Kelly, Nieves, Davis, May, Black, McGhee, Wallace, Kingery, Day, Wright (137), Roark, Richard, Bivins, Nance, Chinn, Wood, Cooper (155), Nolte, Wilson (119), Guest, Dempsey, Moore, Pollock, Sater, Fisher, Cooper (158), Wright (159), Lembke, Ervin, Parker, Icet, Baker (123), Smith (14), Weter, Jones, Avery, Wells, Dougherty, Selby, Myers, Dethrow, Self, Bearden, Hobbs, Tilley, Schad, Smith (118), Parson, Ruestman, Swinger, Cunningham (145), Jackson, Brown (30), Munzlinger, Quinn, Kratky, Muschany, Robb, Denison and Wilson (130), relating to impeachment trials.


INTRODUCTION OF HOUSE BILLS


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


HB 763, introduced by Representatives Kuessner, Jetton, Barnitz and Dethrow, relating to the establishment and authorization of the positions of drug court commissioner and drug court administrator in the forty-second judicial circuit.


HB 764, introduced by Representative Byrd, relating to disqualification of judges.


HB 765, introduced by Representatives George and Walsh, relating to the designation of a certain highway.


HB 766, introduced by Representatives Lampe, Chappelle-Nadal, Oxford, Aull, Brown (50), Casey, Roorda, Meadows, Storch, Low (39), Hughes, Baker (25), Rucker, Robinson, Swinger and Bowman, relating to the designation of a memorial highway.


HB 767, introduced by Representative Jolly, relating to concealed carry endorsements.


HB 768, introduced by Representative Fraser, relating to mercury emission.


HB 769, introduced by Representative Page, relating to school bus seat belts.


HB 770, introduced by Representatives Schneider, Johnson (47), Faith, Deeken, Smith (118), Dempsey, Jones, Moore, Self, Denison, Bruns, Meiners, Walsh, Bivins, Meadows, George, McGhee, Nolte, Wallace, Richard, Parker, Chinn, Nance, Black, Ervin, Byrd, Rector, Wright (159), Kraus, Viebrock, Salva, Brown (50), Darrough and Corcoran, relating to medical and laboratory test results.


HB 771, introduced by Representatives Baker (123), Bearden, Corcoran, Icet, Swinger, Pearce, Kingery and Dempsey, relating to education.


HB 772, introduced by Representatives Kuessner, Henke, Swinger, Robinson and Witte, to authorize the governor to convey land owned by the state to the City of Pilot Knob.


HB 773, introduced by Representatives Harris (23), Bringer, Wagner, Liese, Darrough, Selby, Harris (110), Baker (25), Page, Low (39), Wildberger, Yaeger, Swinger, Meadows, Jolly, Walton and Witte, relating to post-arrest release.


HB 774, introduced by Representatives Storch, Oxford, Low (39), Hubbard, Baker (25), Boykins, Fraser, Jolly, Zweifel, Wright-Jones, Johnson (61) and Donnelly, relating solely to the creation of an earned income tax credit.


HB 775, introduced by Representatives Parker, Kraus, Sander, Smith (118), Schneider, Chappelle-Nadal, Shoemyer, Robb, Davis, Pearce, Deeken and Stevenson, relating to gaming.


HB 776, introduced by Representative Dixon, relating to enhanced punishment for certain crimes.


HB 777, introduced by Representative Schlottach, relating to the enforcement of certain federal or state orders prohibiting the operation of commercial motor vehicles.


WITHDRAWAL OF HOUSE CONCURRENT RESOLUTION

 

TO:                      Steve Davis

 

FROM:                Mark Wright

 

DATE:                 March 10, 2005


Mr. Clerk, I respectfully request that House Concurrent Resolution No. 26 be withdrawn. Thank you for your assistance in this matter.


ADJOURNMENT


            On motion of Representative Dempsey, the House adjourned until 4:00 p.m., Monday, March 14, 2005.


CORRECTIONS TO THE HOUSE JOURNAL


AFFIDAVIT


I, State Representative Melba Curls, District 41, hereby state and affirm that my vote as recorded on the motion to third read and pass House Bill No. 100 in the House Journal for Thursday, March 10, 2005 showing that I voted aye was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted no. 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 10th day of March 2005.


                                                                                                    /s/ Melba Curls

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )


Subscribed and sworn to before me this 10th day of March in the year 2005.


                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk


            Correct House Journal, Thirty-sixth Day, Wednesday, March 9, 2005, Page 555, Line 18, by deleting the word “it” and inserting in lieu thereof the words, “the House Committee Substitute”.


            Page 560, Line 26, by deleting the numeral “764" and inserting in lieu thereof the numeral “754".


COMMITTEE MEETINGS


BUDGET

Tuesday, March 15, 2005, 8:00 a.m. Hearing Room 3.

Executive session may follow.

Public hearing to be held on: HJR 12


CORRECTIONS AND PUBLIC INSTITUTIONS

Wednesday, March 16, 2005, 8:00 a.m. Hearing Room 4.

Public hearing to be held on: HB 661

Executive session will be held on: HB 491


ELECTIONS

Tuesday, March 15, 2005, 6:00 p.m. Hearing Room 5.

Executive session will precede the hearing.

Public hearings to be held on: HJR 14, HJR 7


FINANCIAL INSTITUTIONS

Tuesday, March 15, 2005, 12:00 p.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 647, HB 707


HEALTH CARE POLICY

Monday, March 14, 2005, House Chamber south side gallery upon afternoon adjournment.

Executive session.


HIGHER EDUCATION

Tuesday, March 15, 2005, 12:00 p.m. Hearing Room 4.

Executive session.

Public hearing to be held on: HB 530


JOINT COMMITTEE ON GAMING AND WAGERING

Wednesday, March 16, 2005, 9:00 a.m. Hearing Room 4.

Elections of Officers.


RULES

Monday, March 14, 2005, 12:00 p.m. Hearing Room 4.

Executive session may follow.

Committee will recess and continue after adjournment if needed. AMENDED

Public hearings to be held on: HCS HB 108, HCS HB 362, HCS HB 422,

HCS HB 631, HB 236, HB 453, HCS HB 531, HB 280, HCS HB 462 & 463,

HB 118, HCS HB 513, HB 487, HB 618, HB 43, HB 53, HB 155, SCR 3


SPECIAL COMMITTEE ON URBAN ISSUES

Monday, March 14, 2005, 6:00 p.m. Location to be announced.

Executive session will be held on: HB 639


WAYS AND MEANS

Monday, March 14, 2005, Hearing Room 4 upon evening adjournment.

Executive session will be held on: HB 64, HB 222


HOUSE CALENDAR


THIRTY-EIGHTH DAY, MONDAY, MARCH 14, 2005


HOUSE JOINT RESOLUTION FOR SECOND READING


HJR 23


HOUSE BILLS FOR SECOND READING


HB 763 through HB 777


HOUSE BILLS FOR PERFECTION


1          HCS HB 348 - Pearce

2          HCS HB 58 - Johnson (47)

3          HB 344 - Baker (123)

4          HB 376 - Guest

5          HB 564 - Boykins

6          HCS HB 437 - Jackson

7          HCS HB 208 - Icet


HOUSE BILLS FOR PERFECTION - CONSENT


(3/07/05)


1          HB 269 - Bruns

2          HB 361 - Lipke

3          HCS HB 580 - Byrd


(3/08/05)


1          HB 243 - May

2          HB 397 - Henke

3          HB 423 - Kuessner

4          HB 431 - Wright (137)

5          HB 567 - Stevenson




(3/10/05)


1          HCS HB 119 - Jones

2          HCS HB 215 - Pearce

3          HB 343, HCA 1 - Baker (123)

4          HB 345 - Baker (123)

5          HB 413 - Hubbard

6          HB 445 - Guest

7          HB 479 - Ervin

8          HB 524 - May


(3/14/05)


1          HB 69 - Rupp

2          HB 402 - Schaaf

3          HB 456 - Kuessner

4          HCS HB 474 - Yates

5          HB 486 - Bruns

6          HCS HB 508 - Pratt

7          HCS HB 515 - Wood

8          HB 596 - Schaaf

9          HB 638 - Cunningham (86)

10        HB 678 - Byrd

11        HB 684 - Lipke


HOUSE BILL FOR THIRD READING


HCS HB 174 - Wood


HOUSE BILLS FOR THIRD READING - CONSENT


1          HB 40, E.C. - Tilley

2          HCS HB 56 - Threlkeld

3          HB 127 - Bivins

4          HCS HB 47, E.C. - Brown (30)

5          HCS HB 163, 213 & 216, E.C. - Smith (14)

6          HB 592 - Cooper (120)


BILL CARRYING REQUEST MESSAGE


SS SCS HCS HB 393, as amended, (request Senate recede/grant conference) - Byrd


BILL IN CONFERENCE


HCS SS SCS SB 1 & 130, as amended - Hunter




HOUSE CONCURRENT RESOLUTIONS


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

2          HCR 4, (3-02-05, Pages 467-468) - Burnett

3          HCR 9, (2-17-05, Page 351) - Bivins

4          HCR 15, (3-03-05, Pages 487-488) - Baker (123)