First Regular Session, 93rd General Assembly
FORTIETH DAY, Wednesday, March 16, 2005
The House met pursuant to adjournment.
Speaker Pro Tem Bearden in the Chair.
Prayer by Reverend James Earl Jackson.
We give You LORD the glory due Your name; we worship You LORD in the splendor of Your holiness. Your voice moves the waters. The voice of Your glory thunders throughout the whole earth. Your voice is powerful and majestic.
May we position ourselves today to hear Your voice that we might be blessed with peace, strength and insight.
We are determined, with Your help, to drive offense and anger far from us; for there is no profit in that. In our deliberations today, may we seek not the applause of man, but the applause of Heaven.
Grant us rest and enjoyment of family during the upcoming Spring break and may we return refreshed and ready to tackle the concluding issues of this session.
Grace be with us all.
In the authority of Your Son’s name, we pray. 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: Meredith Brunkow, Jordan Ousley, Emily Ousley, Mark Baehr and Matt Hunt.
The Journal of the thirty-ninth day was approved as corrected.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 1299
and
House Resolution No. 1300 - Representative Roark
SECOND READING OF HOUSE BILLS
HB 787 through HB 803 were read the second time.
PERFECTION OF HOUSE BILLS
HCS HB 208, relating to civil actions, was taken up by Representative Icet.
HCS HB 208 was laid over.
HCS HB 394, relating to medical malpractice insurance, was taken up by Representative Byrd.
Representative Byrd offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for House Bill No. 394, Page 13, Section 383.501, Line 4, by inserting after all of said line the following:
"538.230. 1. In any action against a health care provider for damages for personal injury or death on account of the rendering of or failure to render health care services where fault is apportioned among the parties and persons released pursuant to subsection 3 of this section, the court, unless otherwise agreed by all the parties, shall instruct the jury to apportion fault among such persons and parties, or the court, if there is no jury, shall make findings, indicating the percentage of total fault of all the parties to each claim that is allocated to each party and person who has been released from liability under subsection 3 of this section.
2. The court shall determine the award of damages to each plaintiff in accordance with the findings, subject to any reduction under subsection 3 of this section and enter judgment against each party liable on the basis of the rules of joint and several liability[. However, notwithstanding the provisions of this subsection, any defendant against whom an award of damages is made shall be jointly liable only with those defendants whose apportioned percentage of fault is equal to or less than such defendant] as established in section 537.067, RSMo.
3. Any release, covenant not to sue, or similar agreement entered into by a claimant and a person or entity against which a claim is asserted arising out of the alleged transaction which is the basis for plaintiff's cause of action, whether actually made a party to the action or not, discharges that person or entity from all liability for contribution or indemnity but it does not discharge other persons or entities liable upon such claim unless it so provides. However, the claim of the releasing person against other persons or entities is reduced by the amount of the released persons' or entities' equitable share of the total obligation imposed by the court pursuant to a full apportionment of fault under this section as though there had been no release."; and
Further amend said title, enacting clause and intersectional references accordingly.
Representative Behnen assumed the Chair.
On motion of Representative Byrd, House Amendment No. 1 was adopted.
Representative Byrd offered House Amendment No. 2.
House Amendment No. 2
AMEND House Committee Substitute for House Bill No. 394, Page 9, Section 383.407, Line 33, by deleting the second occurrence of the number "383.407" and inserting in lieu thereof the number "383.404"; and
Further amend said bill, Page 9, Section 383.407, Line 7, by inserting at the end of said line the following:
"As used in sections 383.404, 383.405, and 383.406, "insurance premium rate" means the base rate as established herein plus such schedule rating or individual risk rating credits or debits as allowed under regulations promulgated by the department of insurance."; and
Further amend said title, enacting clause and intersectional references accordingly.
Speaker Pro Tem Bearden resumed the Chair.
On motion of Representative Byrd, House Amendment No. 2 was adopted.
HCS HB 394, as amended, was laid over.
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 adopted the Conference Committee Report on HCS SS SCS SBs 1 & 130, as amended, and has taken up and passed CCS 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 SCS HCS HB 14, entitled:
An act to appropriate money for supplemental purposes for the several departments and offices of state government, and for the payment of various claims for refund, for persons, firms, and corporations, and for other purposes, and to transfer money among certain funds, from the funds designated for the fiscal period ending June 30, 2005.
With Senate Amendment No. 2.
Senate Amendment No. 2
AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 14, Page 1, Section 14.005, Line 5, by deleting the number “3,006,542" and inserting in lieu thereof the number “1,006,542"; and
Further amend said bill, Page 1, Section 14.015, Line 3, by deleting the number “5,552,794" and inserting in lieu thereof the number “4,552,794".
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 SBs 221, 250 & 256, entitled:
An act to repeal sections 210.104, 210.107, 302.510, 302.530, 304.015, 304.016, 304.281, 304.351, 307.178, 577.023, 577.041, RSMo, section 302.302 as enacted by house substitute for senate substitute for senate committee substitute for senate bill nos. 1233, 840 & 1043, ninety-second general assembly, second regular session, and section 302.302 as enacted by conference committee substitute no. 2 for senate committee substitute for house committee substitute for house bill nos. 302 & 38, ninety-first assembly, first regular session, and to enact in lieu thereof twelve new sections relating to the operation of motor vehicles, with penalty provisions.
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 Conferees on SS SCS HCS HB 393, as amended, are allowed to exceed the differences.
BILL IN CONFERENCE
CCR SS SCS HCS HB 393, as amended, relating to tort reform, was taken up by Representative Byrd.
Representative Byrd moved that the House conferees be allowed to exceed the differences.
Which motion was adopted.
On motion of Representative Byrd, CCR SS SCS HCS HB 393, as amended, was adopted by the following vote:
AYES: 113 |
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Aull |
Avery |
Baker 123 |
Barnitz |
Bearden |
Behnen |
Bivins |
Black |
Bringer |
Brown 30 |
Bruns |
Byrd |
Casey |
Chinn |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Cunningham 145 |
Cunningham 86 |
Curls |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Dougherty |
Dusenberg |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Franz |
Goodman |
Guest |
Harris 110 |
Hobbs |
Hoskins |
Hubbard |
Hughes |
Hunter |
Icet |
Jackson |
Johnson 47 |
Jones |
Kelly |
Kingery |
Kraus |
Kuessner |
Lager |
Lembke |
Lipke |
Loehner |
Marsh |
May |
McGhee |
Meiners |
Moore |
Munzlinger |
Muschany |
Myers |
Nance |
Nieves |
Nolte |
Page |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Robinson |
Ruestman |
Rupp |
Sander |
Sater |
Schaaf |
Schad |
Schlottach |
Selby |
Self |
Skaggs |
Smith 118 |
Smith 14 |
Stefanick |
Stevenson |
St. Onge |
Sutherland |
Swinger |
Threlkeld |
Tilley |
Viebrock |
Wagner |
Wallace |
Wasson |
Wells |
Weter |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright 137 |
Wright 159 |
Yates |
Mr Speaker |
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NOES: 047 |
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Baker 25 |
Bland |
Bowman |
Boykins |
Brooks |
Brown 50 |
Burnett |
Chappelle-Nadal |
Corcoran |
Darrough |
Daus |
Donnelly |
El-Amin |
Fraser |
George |
Harris 23 |
Henke |
Johnson 61 |
Johnson 90 |
Jolly |
Kratky |
Lampe |
LeVota |
Liese |
Low 39 |
Lowe 44 |
Meadows |
Oxford |
Parker |
Roorda |
Rucker |
Salva |
Schneider |
Schoemehl |
Shoemyer |
Spreng |
Storch |
Villa |
Vogt |
Walsh |
Walton |
Whorton |
Wildberger |
Wright-Jones |
Yaeger |
Young |
Zweifel |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 002 |
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Bean |
Haywood |
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VACANCIES: 001 |
On motion of Representative Byrd, CCS SS SCS HCS HB 393 was read the third time and passed by the following vote:
AYES: 112 |
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Aull |
Avery |
Baker 123 |
Barnitz |
Bearden |
Behnen |
Bivins |
Black |
Bringer |
Brown 30 |
Bruns |
Byrd |
Casey |
Chinn |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Cunningham 145 |
Cunningham 86 |
Curls |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Dougherty |
Dusenberg |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Franz |
Goodman |
Guest |
Harris 110 |
Hobbs |
Hoskins |
Hubbard |
Hunter |
Icet |
Jackson |
Johnson 47 |
Jones |
Kelly |
Kingery |
Kraus |
Kuessner |
Lager |
Lembke |
Lipke |
Loehner |
Marsh |
May |
McGhee |
Meiners |
Moore |
Munzlinger |
Muschany |
Myers |
Nance |
Nieves |
Nolte |
Page |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Robinson |
Ruestman |
Rupp |
Sander |
Sater |
Schaaf |
Schad |
Schlottach |
Selby |
Self |
Skaggs |
Smith 118 |
Smith 14 |
Stefanick |
Stevenson |
St. Onge |
Sutherland |
Swinger |
Threlkeld |
Tilley |
Viebrock |
Wagner |
Wallace |
Wasson |
Wells |
Weter |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright 137 |
Wright 159 |
Yates |
Mr Speaker |
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NOES: 047 |
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Baker 25 |
Bland |
Bowman |
Boykins |
Brooks |
Brown 50 |
Burnett |
Chappelle-Nadal |
Corcoran |
Darrough |
Daus |
Donnelly |
El-Amin |
Fraser |
George |
Harris 23 |
Henke |
Johnson 61 |
Johnson 90 |
Jolly |
Kratky |
Lampe |
LeVota |
Liese |
Low 39 |
Lowe 44 |
Meadows |
Oxford |
Parker |
Roorda |
Rucker |
Salva |
Schneider |
Schoemehl |
Shoemyer |
Spreng |
Storch |
Villa |
Vogt |
Walsh |
Walton |
Whorton |
Wildberger |
Wright-Jones |
Yaeger |
Young |
Zweifel |
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PRESENT: 001 |
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Hughes |
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ABSENT WITH LEAVE: 002 |
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Bean |
Haywood |
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VACANCIES: 001 |
Speaker Pro Tem Bearden declared the bill passed.
On motion of Representative Dempsey, the House recessed until 2:15 p.m.
AFTERNOON SESSION
The hour of recess having expired, the House was called to order by Speaker Pro Tem Bearden.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 1301 - Representative Brown (30)
House Resolution No. 1302 - Representative Cunningham (145)
House Resolution No. 1303 - Representative Schad
House Resolution No. 1304
through
House Resolution No. 1316 - Representative Wilson (119)
House Resolution No. 1317 - Representative Yaeger
House Resolution No. 1318 - Representative Viebrock
House Resolution No. 1319 - Representative Smith (118)
House Resolution No. 1320 - Representative Spreng
House Resolution No. 1321 - Representative Lager
BILL IN CONFERENCE
CCR HCS SS SCS SBs 1 & 130, as amended, relating to workers’ compensation, was taken up by Representative Hunter.
Representative Dempsey suggested the absence of a quorum.
The following roll call indicated a quorum present:
AYES: 138 |
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Aull |
Avery |
Baker 123 |
Baker 25 |
Barnitz |
Bearden |
Behnen |
Bivins |
Black |
Bland |
Bowman |
Bringer |
Brooks |
Brown 30 |
Brown 50 |
Bruns |
Burnett |
Byrd |
Chappelle-Nadal |
Casey |
Chinn |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Cunningham 145 |
Cunningham 86 |
Curls |
Darrough |
Daus |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Donnelly |
Dougherty |
Dusenberg |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Franz |
Fraser |
Goodman |
Guest |
Harris 110 |
Henke |
Hobbs |
Hoskins |
Hubbard |
Hughes |
Hunter |
Icet |
Jackson |
Johnson 47 |
Johnson 61 |
Jolly |
Jones |
Kelly |
Kingery |
Kraus |
Kuessner |
Lager |
Lampe |
Lembke |
Liese |
Lipke |
Loehner |
Low 39 |
Lowe 44 |
Marsh |
May |
McGhee |
Meadows |
Meiners |
Moore |
Munzlinger |
Muschany |
Myers |
Nance |
Nieves |
Nolte |
Oxford |
Parker |
Parson |
Pearce |
Phillips |
Pollock |
Quinn |
Richard |
Roark |
Robb |
Robinson |
Roorda |
Ruestman |
Rupp |
Salva |
Sander |
Sater |
Schaaf |
Schad |
Schlottach |
Schoemehl |
Selby |
Self |
Shoemyer |
Smith 14 |
Spreng |
Stefanick |
Stevenson |
St. Onge |
Storch |
Swinger |
Threlkeld |
Tilley |
Viebrock |
Villa |
Wagner |
Walsh |
Walton |
Wasson |
Wells |
Weter |
Whorton |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright-Jones |
Wright 137 |
Wright 159 |
Young |
Zweifel |
Mr Speaker |
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NOES: 001 |
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Skaggs |
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PRESENT: 009 |
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Corcoran |
Harris 23 |
Johnson 90 |
LeVota |
Pratt |
Smith 118 |
Sutherland |
Wallace |
Yates |
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ABSENT WITH LEAVE: 014 |
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Bean |
Boykins |
El-Amin |
George |
Haywood |
Kratky |
Page |
Portwood |
Rector |
Rucker |
Schneider |
Vogt |
Wildberger |
Yaeger |
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VACANCIES: 001 |
On motion of Representative Hunter, CCR HCS SS SCS SBs 1 &130, as amended, was adopted by the following vote:
AYES: 097 |
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Avery |
Baker 123 |
Bearden |
Behnen |
Bivins |
Black |
Brown 30 |
Bruns |
Byrd |
Chinn |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Cunningham 145 |
Cunningham 86 |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Dusenberg |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Franz |
Goodman |
Guest |
Hobbs |
Hunter |
Icet |
Jackson |
Johnson 47 |
Jones |
Kelly |
Kingery |
Kraus |
Lager |
Lembke |
Lipke |
Loehner |
Marsh |
May |
McGhee |
Moore |
Munzlinger |
Muschany |
Myers |
Nance |
Nieves |
Nolte |
Parker |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Ruestman |
Rupp |
Sander |
Sater |
Schaaf |
Schad |
Schlottach |
Schneider |
Self |
Smith 118 |
Smith 14 |
Stefanick |
Stevenson |
St. Onge |
Sutherland |
Swinger |
Threlkeld |
Tilley |
Viebrock |
Wallace |
Wasson |
Wells |
Weter |
Wilson 119 |
Wilson 130 |
Wood |
Wright 137 |
Wright 159 |
Yates |
Mr Speaker |
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NOES: 062 |
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Aull |
Baker 25 |
Barnitz |
Bland |
Bowman |
Boykins |
Bringer |
Brooks |
Brown 50 |
Burnett |
Chappelle-Nadal |
Casey |
Corcoran |
Curls |
Darrough |
Daus |
Donnelly |
Dougherty |
El-Amin |
Fraser |
George |
Harris 110 |
Harris 23 |
Henke |
Hoskins |
Hubbard |
Hughes |
Johnson 61 |
Johnson 90 |
Jolly |
Kratky |
Kuessner |
Lampe |
LeVota |
Liese |
Low 39 |
Lowe 44 |
Meadows |
Meiners |
Oxford |
Page |
Robinson |
Roorda |
Rucker |
Salva |
Schoemehl |
Selby |
Shoemyer |
Skaggs |
Spreng |
Storch |
Villa |
Vogt |
Wagner |
Walsh |
Walton |
Whorton |
Wildberger |
Witte |
Wright-Jones |
Young |
Zweifel |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 003 |
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Bean |
Haywood |
Yaeger |
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VACANCIES: 001 |
On motion of Representative Hunter, CCS HCS SS SCS SBs 1 & 130 was truly agreed to and finally passed by the following vote:
AYES: 097 |
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Avery |
Baker 123 |
Bearden |
Behnen |
Bivins |
Black |
Brown 30 |
Bruns |
Byrd |
Chinn |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Cunningham 145 |
Cunningham 86 |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Dusenberg |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Franz |
Goodman |
Guest |
Hobbs |
Hunter |
Icet |
Jackson |
Johnson 47 |
Jones |
Kelly |
Kingery |
Kraus |
Lager |
Lembke |
Lipke |
Loehner |
Marsh |
May |
McGhee |
Moore |
Munzlinger |
Muschany |
Myers |
Nance |
Nieves |
Nolte |
Parker |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Ruestman |
Rupp |
Sander |
Sater |
Schaaf |
Schad |
Schlottach |
Schneider |
Self |
Smith 118 |
Smith 14 |
Stefanick |
Stevenson |
St. Onge |
Sutherland |
Swinger |
Threlkeld |
Tilley |
Viebrock |
Wallace |
Wasson |
Wells |
Weter |
Wilson 119 |
Wilson 130 |
Wood |
Wright 137 |
Wright 159 |
Yates |
Mr Speaker |
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NOES: 062 |
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Aull |
Baker 25 |
Barnitz |
Bland |
Bowman |
Boykins |
Bringer |
Brooks |
Brown 50 |
Burnett |
Chappelle-Nadal |
Casey |
Corcoran |
Curls |
Darrough |
Daus |
Donnelly |
Dougherty |
El-Amin |
Fraser |
George |
Harris 110 |
Harris 23 |
Henke |
Hoskins |
Hubbard |
Hughes |
Johnson 61 |
Johnson 90 |
Jolly |
Kratky |
Kuessner |
Lampe |
LeVota |
Liese |
Low 39 |
Lowe 44 |
Meadows |
Meiners |
Oxford |
Page |
Robinson |
Roorda |
Rucker |
Salva |
Schoemehl |
Selby |
Shoemyer |
Skaggs |
Spreng |
Storch |
Villa |
Vogt |
Wagner |
Walsh |
Walton |
Whorton |
Wildberger |
Witte |
Wright-Jones |
Young |
Zweifel |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 003 |
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Bean |
Haywood |
Yaeger |
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VACANCIES: 001 |
Speaker Pro Tem Bearden declared the bill passed.
PERFECTION OF HOUSE BILL
HCS HB 208, relating to civil actions, was again taken up by Representative Icet.
Representative Behnen resumed the Chair.
Representative Goodman offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for House Bill No. 208, Section 537.530, Page 2, Line 18, by striking the number “339,” on said line; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Speaker Pro Tem Bearden resumed the Chair.
Representative Stevenson offered House Substitute Amendment No. 1 for House Amendment No. 1.
Representative Byrd raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 1 is not a true substitute amendment.
The Chair ruled the point of order well taken.
Representative Goodman moved that House Amendment No. 1 be adopted.
Which motion was defeated by the following vote:
AYES: 009 |
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Burnett |
Goodman |
Johnson 90 |
Lipke |
Low 39 |
Marsh |
Sater |
Skaggs |
Stevenson |
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NOES: 143 |
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Aull |
Avery |
Baker 123 |
Baker 25 |
Barnitz |
Bearden |
Behnen |
Bivins |
Black |
Bland |
Boykins |
Bringer |
Brown 30 |
Brown 50 |
Bruns |
Byrd |
Chappelle-Nadal |
Casey |
Chinn |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Corcoran |
Cunningham 145 |
Cunningham 86 |
Curls |
Darrough |
Daus |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Donnelly |
Dougherty |
Dusenberg |
El-Amin |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Franz |
Fraser |
George |
Guest |
Harris 110 |
Henke |
Hobbs |
Hoskins |
Hubbard |
Hughes |
Hunter |
Icet |
Jackson |
Johnson 47 |
Jolly |
Jones |
Kelly |
Kingery |
Kratky |
Kraus |
Kuessner |
Lager |
Lampe |
Lembke |
LeVota |
Liese |
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 |
Schaaf |
Schad |
Schlottach |
Schoemehl |
Selby |
Self |
Shoemyer |
Smith 118 |
Smith 14 |
Spreng |
Stefanick |
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 |
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PRESENT: 002 |
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Brooks |
Lowe 44 |
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ABSENT WITH LEAVE: 008 |
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Bean |
Bowman |
Harris 23 |
Haywood |
Johnson 61 |
Loehner |
Schneider |
Yaeger |
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VACANCIES: 001 |
On motion of Representative Icet, HCS HB 208 was adopted.
On motion of Representative Icet, HCS HB 208 was ordered perfected and printed.
REFERRAL OF HOUSE BILL
The following House Bill was referred to the Committee indicated:
HB 789 - Local Government
COMMITTEE REPORTS
Committee on Children and Families, Chairman Phillips reporting:
Mr. Speaker: Your Committee on Children and Families, to which was referred HB 36, 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 Corrections and Public Institutions, Chairman Kelly reporting:
Mr. Speaker: Your Committee on Corrections and Public Institutions, to which was referred HB 491, 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 Corrections and Public Institutions, to which was referred HB 685, 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 Corrections and Public Institutions, to which was referred HB 700, 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 Corrections and Public Institutions, to which was referred HB 743, 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 HCR 16, 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 CONCURRENT RESOLUTION NO. 16
WHEREAS, in 1654, Jewish refugees from Brazil arrived on North American shores and formally established North America's first Jewish community in New Amsterdam, now New York City; and
WHEREAS, America welcomed Jews among the millions of immigrants that streamed through our Nation's history and helped shape our Nation; and
WHEREAS, the American Jewish community has been intimately involved in our Nation's civic, social, economic, and cultural life; and
WHEREAS, the American Jewish community has sought to actualize the broad principles of liberty and justice that are enshrined in the constitutions of the United States and the State of Missouri; and
WHEREAS, the American Jewish community is an equal participant in the religious life of our Nation; and
WHEREAS, American Jews have fought valiantly for the United States in every one of our Nation's military struggles from the American Revolution to Operation Enduring Freedom, with not less than 16 American Jews having received the Medal of Honor; and
WHEREAS, 2005 marks the 351st anniversary of the American Jewish community; and
WHEREAS, the Commission for Commemorating 351 Years of American Jewish History has designated September 2005 as "American Jewish History Month":
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 declare that the State of Missouri:
(1) Recognizes the 351st anniversary of the American Jewish Community;
(2) Supports designation of an "American Jewish History Month"; and
(3) Urges all Missourians to share in this commemoration so as to have a greater appreciation of the role of the American Jewish Community in helping to defend and further the liberties and freedom of all Americans.
Mr. Speaker: Your Committee on Veterans, to which was returned HB 412, 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 Rules, Chairman Cooper (120) reporting:
Mr. Speaker: Your Committee on Rules, to which was referred HCR 20, 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 HJR 16, 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 64, 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 131, 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 #2 HB 232, 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 286, 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 519, begs leave to report it has examined the same and recommends that it Do Pass, with a time limit of three (3) hours for debate on Third Reading.
Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 525, 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 539, 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 600, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.
INTRODUCTION OF HOUSE JOINT RESOLUTION
The following House Joint Resolution was read the first time and copies ordered printed:
HJR 24, introduced by Representatives Skaggs, Corcoran, Aull, Salva, LeVota, Johnson (90), Henke, Donnelly, Jolly, Young, Fraser, Spreng, Selby, Daus, Villa, Meiners, Chappelle-Nadal, Wildberger, Baker (25), Meadows, Roorda, Darrough, Kratky, Robinson, Page, Zweifel, Kuessner, Oxford, Witte, Barnitz, Bland, Sanders Brooks, Vogt, Brown (50) and Curls, relating to appropriations for public education.
INTRODUCTION OF HOUSE BILLS
The following House Bills were read the first time and copies ordered printed:
HB 804, introduced by Representative Smith (118), relating to county employee retirement.
HB 805, introduced by Representatives Meadows, Yaeger, Brown (50), Oxford, Curls, Zweifel, Darrough, Roorda, LeVota, Wildberger and Jolly, relating to the posting of nurse staffing levels at hospitals.
HB 806, introduced by Representative Sutherland, relating to property tax depreciation schedules for broadcasting equipment.
HB 807, introduced by Representatives Hobbs, Brown (30), Richard and Rector, relating to the administrative hearing commission.
HB 808, introduced by Representatives Burnett, Skaggs, Pratt, Yates, Dusenberg, Kraus, Johnson (47), Dougherty, Young, Jolly, Lowe (44), Low (39), Meiners, Bland, Brown (50), Curls, Flook, Salva, Hughes, LeVota, Nolte, Baker (123) and Phillips, relating to the housing development commission.
HB 809, introduced by Representatives Black, Day, Nance, Kingery, May, Kuessner, Swinger, Skaggs, Roorda and Bringer, relating to transient guest tax.
HB 810, introduced by Representatives Johnson (90), Barnitz, Kuessner, Roorda, Lampe, Swinger, Witte, Sanders Brooks, Schoemehl, Corcoran, Robinson, Rucker, Whorton, LeVota, Burnett, Zweifel, Jolly and Wildberger, relating to waivers for dissolved corporations due to military service.
HB 811, introduced by Representatives Roorda, Meadows, Casey, Harris (110), Weter and Darrough, relating to corrections officer and jailer training.
HB 812, introduced by Representatives Yates, Wilson (130), Richard, Cooper (120), Spreng, Rupp, Page and Hoskins, relating to contracts against public policy.
HB 813, introduced by Representatives El-Amin, Kratky, Oxford, Brown (50), Low (39), Chappelle-Nadal, Bland, Donnelly, Rucker, Sanders Brooks, Daus, Hubbard, Wright-Jones, Boykins, Bowman, Bruns, Schaaf, Walton, Baker (25), Roorda, Hughes, Denison, Moore, Cunningham (86) and Black, relating to an alternative sentencing task force.
HB 814, introduced by Representatives El-Amin, Oxford, Chappelle-Nadal, Curls, Hoskins, Brown (50), Low (39), Bland, Sanders Brooks, Hubbard, Wright-Jones, Boykins, Bowman, Walton, Baker (25), Denison and Black, relating to civilian review boards.
HB 815, introduced by Representatives El-Amin, Oxford, Curls, Hoskins, Brown (50), Low (39), Chappelle-Nadal, Bland, Rucker, Sanders Brooks, Daus, Selby, Hubbard, Wright-Jones, Bowman, Dougherty, Walton, Baker (25), Roorda and Hughes, relating to jury service.
MESSAGE FROM THE SENATE
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted the Conference Committee Report on SS SCS HCS HB 393, as amended, and has taken up and passed CCS SS SCS HCS HB 393.
WITHDRAWAL OF HOUSE BILLS
March 14, 2005
Steve Davis, Chief Clerk
State Capitol
Room 306-C
Jefferson City, MO 65101
Dear Mr. Davis:
I respectfully request that House Bill No. 122, relating to the adult entertainment tax act be withdrawn.
Thank your for your assistance in this matter.
Sincerely,
/s/ Kate Meiners
District 46
_______________
March 16, 2005
Steve Davis, Chief Clerk
Missouri House of Representatives
State Capitol
Jefferson City, MO 65101
Dear Mr. Davis:
I respectfully request that House Bill No. 782 be withdrawn.
Thank you for your consideration in this request. If you have questions, please do not hesitate to call.
Sincerely,
/s/ Trent Skaggs
District 31
ADJOURNMENT
On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Thursday, March 17, 2005.
CORRECTIONS TO THE HOUSE JOURNAL
AFFIDAVITS
I, State Representative Leonard Hughes, District 42, hereby state and affirm that my vote as recorded on the motion to adopt the Conference Committee Report for Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 393 in the House Journal for Wednesday, March 16, 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 16th day of March 2005.
/s/ Leonard Hughes
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 16th day of March in the year 2005.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Ray Salva, District 51, hereby state and affirm that I was present during the session of the House of Representatives on Tuesday, March 15, 2005 and that the House Journal inaccurately reflects my absence. Pursuant to House Rule 88, I ask that the Journal be corrected to note my presence in the House Journal for Tuesday, March 15, 2005.
IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 16th day of March 2005.
/s/ Ray Salva
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 16th day of March in the year 2005.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Mark Wright, District 137, hereby state and affirm that my vote as recorded on Page 635 of the House Journal for Tuesday, March 15, 2005 showing that I voted absent with leave 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 16th day of March 2005.
/s/ Mark Wright
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 16th day of March in the year 2005.
/s/ Stephen S. Davis
Chief Clerk
COMMITTEE MEETINGS
BUDGET
Thursday, March 17, 2005, 8:00 a.m. Hearing Room 3.
Appropriation recommendations.
Executive session may follow.
BUDGET
Tuesday, March 29, 2005, 12:00 p.m. Hearing Room 3.
Appropriation recommendations/Markup.
Executive session may follow.
BUDGET
Tuesday, March 29, 2005, Hearing Room 3 upon evening adjournment.
Appropriation recommendations/Markup.
Executive session may follow.
BUDGET
Wednesday, March 30, 2005, 8:00 a.m. House Lounge.
Appropriation recommendations/Markup.
Executive session may follow.
BUDGET
Wednesday, March 30, 2005, 8:00 p.m. Hearing Room 3.
Appropriation recommendations/Markup.
Executive session may follow.
BUDGET
Thursday, March 31, 2005, 8:00 a.m. Hearing Room 3.
Appropriation recommendations/Markup.
Executive session may follow.
BUDGET
Thursday, March 31, 2005, 8:00 p.m. Hearing Room 3.
Appropriation recommendations/Markup.
Executive session may follow.
BUDGET
Friday, April 1, 2005, 8:00 a.m. Hearing Room 3.
Appropriation recommendations/Markup.
Executive session may follow.
JOINT COMMITTEE ON ADMINISTRATIVE RULES
Thursday, March 17, 2005, Senate Lounge upon morning adjournment.
13 CSR 40-110.20, 13 CSR 40-11-.030.
The Committee will meet upon adjournment of both Houses.
Executive session may or may not follow.
JUDICIARY
Thursday, March 17, 2005, House Chamber side gallery upon morning adjournment.
Executive session
LOCAL GOVERNMENT
Thursday, March 17, 2005, 8:00 a.m. Hearing Room 6.
Executive session may follow.
Public hearings to be held on: HB 76, HB 565, HB 253, HB 179
Executive session will be held on: HB 465, HB 405, HB 485, HB 480
RULES
Thursday, March 17, 2005, House Chamber side gallery upon morning adjournment.
Executive session may follow. AMENDED
Public hearings to be held on: HB 450, HCS HB 353, HB 375, HB 410,
HCS HB 518, 288, 418 & 635, HCS HB 628, HCS HB 255, HCS HB 532,
HB 707, HB 530, HB 685, HB 743
WAYS AND MEANS
Thursday, March 17, 2005, House Chamber side gallery upon morning adjournment.
Executive session will be held on: HB 461
HOUSE CALENDAR
FORTY-FIRST DAY, THURSDAY, MARCH 17, 2005
HOUSE JOINT RESOLUTION FOR SECOND READING
HJR 24
HOUSE BILLS FOR SECOND READING
HB 804 through HB 815
HOUSE BILLS FOR PERFECTION
1 HB 344 - Baker (123)
2 HB 376 - Guest
3 HCS HB 394, as amended - Byrd
4 HCS HB 388 - Yates
5 HCS HB 576 - Flook
HOUSE BILLS FOR PERFECTION - CONSENT
(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
(3/15/05)
1 HB 43 - Wallace
2 HB 53 - Swinger
3 HCS HB 108 - Schaaf
4 HB 155 - Ruestman
5 HB 236 - Goodman
6 HB 280 - Walsh
7 HB 342 - Baker (123)
8 HCS HB 362 - Lipke
9 HCS HB 422 - Black
10 HCS HB 448 - Villa
11 HB 453 - May
12 HCS HB 462 & 463 - Smith (118)
13 HB 487 - Bruns
14 HCS HB 513 - Zweifel
15 HCS HB 531 - Wright (137)
16 HB 618 - Bearden
17 HCS HB 631 - Portwood
(3/16/05)
1 HB 33 - Phillips
2 HB 180 - Johnson (47)
3 HB 219 - Salva
4 HB 258 - Cunningham (86)
5 HB 260 - Deeken
6 HB 261 - Deeken
7 HB 321 - Yates
8 HB 323 - Johnson (47)
9 HCS HB 334 - Franz
10 HB 395 - Wood
11 HCS HB 443 - Sander
12 HB 455 - Quinn
13 HB 473 - Yates
14 HB 528 - Cunningham (145)
15 HCS HB 563 - Rucker
16 HCS HB 568 - Stevenson
17 HCS HB 577 - Kuessner
18 HCS HB 606 - Lembke
19 HCS HB 630 - Pollock
20 HB 681 - Chappelle-Nadal
21 HB 688 - Byrd
(3/17/05)
1 HCS#2 HB 232 - Portwood
2 HB 600 - Cooper (155)
HOUSE BILLS FOR THIRD READING
1 HCS HB 348, E.C. - Pearce
2 HB 564 - Boykins
3 HCS HB 437 - Jackson
4 HCS HB 58, E.C. - Johnson (47)
5 HCS HB 208 - Icet
HOUSE BILLS FOR THIRD READING - CONSENT
1 HB 243 - May
2 HB 397 - Henke
3 HB 423 - Kuessner
4 HB 431 - Wright (137)
5 HB 567 - Stevenson
SENATE BILL FOR SECOND READING
SCS SBs 221, 250 & 256
HOUSE BILL WITH SENATE AMENDMENTS
SCS HCS HB 14, as amended - Lager
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)