Journal of the House

First Regular Session, 93rd General Assembly

FORTY-SEVENTH DAY, Monday, April 4, 2005

The House met pursuant to adjournment.

            Speaker Pro Tem Bearden in the Chair.

            Prayer by Reverend James Earl Jackson.

              Heavenly Father, we will always give thanks to You; We will never stop praising You. You have shown us the path of life, the joy of believing, and the security of Your presence. We have tasted the goodness of Your kindness and take a moment now to just to say “thank You.”

              May we be mindful of the awesome responsibility of trust given us by You and the people of this state. We are intensely aware that, as servants, many look to us to help improve their quality of life. May we not deal falsely with that trust.

              We thank You for hearing us as we pray and granting wisdom where needed.

              We would be remiss if we did not heed Your command to mourn with those who mourn and rejoice with those who rejoice. We mourn the death of Pope John Paul II and celebrate his eternal legacy.

              Grace and peace 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: Ashley Bright, Sarah Flowers and Jacob Flowers.

            The Journal of the forty-fifth day was approved as corrected.

            The Journal of the forty-sixth day was approved as printed.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 1735 - Representative Day

            House Resolution No. 1736 - Representative Dethrow

            House Resolution No. 1737 - Representative Day

            House Resolution No. 1738 - Representative Bringer

            House Resolution No. 1739

                        through

            House Resolution No. 1753 - Representative Whorton

            House Resolution No. 1754 - Representative Flook

            House Resolution No. 1755

                        through

            House Resolution No. 1760 - Representative Pollock

            House Resolution No. 1761 - Representative Wright (159)

            House Resolution No. 1762

                        and

            House Resolution No. 1763 - Representative Phillips

            House Resolution No. 1764 - Representative Wilson (119)

            House Resolution No. 1765

                        and

            House Resolution No. 1766 - Representative Skaggs

            House Resolution No. 1767 - Representative Wildberger

            House Resolution No. 1768 - Representative Meadows

            House Resolution No. 1769 - Representative Harris (23)

            House Resolution No. 1770 - Representative Sander

            House Resolution No. 1771 - Representative Munzlinger

            House Resolution No. 1772

                        through

            House Resolution No. 1777 - Representative Sanders Brooks

            House Resolution No. 1778

                        through

            House Resolution No. 1782 - Representative Dougherty

SECOND READING OF HOUSE BILLS

            HB 952 through HB 972 were read the second time.

SECOND READING OF SENATE BILLS

            SCS SB 68, SB 216, SCS SB 310, SB 318, SB 320, SB 323, SCS SB 354, SCS SB 355, SB 357, SB 361, SCS SB 372, SB 378, SB 380, SCS SB 390, SCS SB 392, SB 396, SB 404, SB 405, SCS SB 407, SB 418, SCS SBs 420 & 344, SB 431, SB 453, SB 464, SB 488, SB 521 and SB 534 were read the second time.

THIRD READING OF HOUSE BILLS - CONSENT

            HCS#2 HB 232, relating to patient health care records, was taken up by Representative Portwood.

            Representative LeVota suggested the absence of a quorum.

            The following roll call indicated a quorum present:

            On motion of Representative Portwood, HCS#2 HB 232 was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            HB 600, relating to licensing of professional counselors, was taken up by Representative Cooper (155).

            On motion of Representative Cooper (155), HB 600 was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            HB 450, relating to wine sales, was taken up by Representative Meiners.

            On motion of Representative Meiners, HB 450 was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            HB 685, relating to a conveyance in Howell County, was taken up by Representative Franz.

            On motion of Representative Franz, HB 685 was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            The emergency clause was adopted by the following vote:

            HB 743, relating to a conveyance in Madison County, was taken up by Representative Kingery.

            On motion of Representative Kingery, HB 743 was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

PERFECTION OF HOUSE BILL - FEDERAL MANDATE

            HB 738, relating to real estate appraisers, was taken up by Representative Behnen.

            Representative Behnen offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 738, Page 1, Section 339.515, Line 16, by inserting immediately after said line the following;

              "Section B. Because of the need to comply with federal law, section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section A of this act shall be in full force and effect upon its passage and approval."; and

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

            On motion of Representative Behnen, House Amendment No. 1 was adopted.

            On motion of Representative Behnen, HB 738, as amended, was ordered perfected and printed.

PERFECTION OF HOUSE JOINT RESOLUTION

            HCS HJR 16, relating to parks and soils tax, was taken up by Representative Chinn.

            On motion of Representative Chinn, HCS HJR 16 was adopted.

            On motion of Representative Chinn, HCS HJR 16 was ordered perfected and printed.

REFERRAL OF HOUSE BILLS

            The following House Bills were referred to the Committee indicated:

HB 875 - Corrections and Public Institutions

HB 881 - Workforce Development and Workplace Safety

HB 912 - Ways and Means

HB 948 - Elections

REFERRAL OF SENATE BILL

            The following Senate Bill was referred to the Committee indicated:

SB 32 - Local Government

RE-REFERRAL OF SENATE BILLS

            The following Senate Bills were re-referred to the Committee indicated:

SCS SB 28 - Professional Registration and Licensing

SB 42 - Children and Families

COMMITTEE REPORTS

            Committee on Utilities, Chairman Rector reporting:

            Mr. Speaker: Your Committee on Utilities, to which was referred HB 640, 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 Utilities, to which was referred SS SCS SB 179, 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 HCS HCR 24, 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 276, begs leave to report it has examined the same and recommends that it Do Pass - Federal Mandate, with no time limit for debate.

            Mr. Speaker: Your Committee on Rules, to which was referred HB 320, 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 400, 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 417, 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 440, 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 461, 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 649, 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 SS SB 539, begs leave to report it has examined the same and recommends that it Do Pass, with a time limit of seven (7) hours for debate on Third Reading.

ADJOURNMENT

            On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Tuesday, April 5, 2005.

CORRECTIONS TO THE HOUSE JOURNAL

AFFIDAVITS

I, State Representative Margaret Donnelly, District 73, hereby state and affirm that my vote as recorded on Page 803 of the House Journal for Thursday, March 31, 2005 showing that I voted absent was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted aye. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.

IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 4th day of April 2005.

                                                                                                    /s/ Margaret Donnelly

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )

Subscribed and sworn to before me this 4th day of April in the year 2005.

                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

___________

I, State Representative Fred Kratky, District 65, hereby state and affirm that my vote as recorded on the motion to third read and pass House Bill No. 685 in the House Journal for Monday, April 4, 2005 showing that I voted absent was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted aye. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.

IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 4th day of April 2005.

                                                                                                    /s/ Fred Kratky

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )

Subscribed and sworn to before me this 4th day of April in the year 2005.

                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

___________

I, State Representative Robin Wright-Jones, District 63, hereby state and affirm that my vote as recorded on Page 797 of the House Journal for Thursday, March 31, 2005 showing that I voted no was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted aye. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.

IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 4th day of April 2005.

                                                                                                    /s/ Robin Wright-Jones

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )

Subscribed and sworn to before me this 4th day of April in the year 2005.

                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

COMMITTEE MEETINGS

AGRICULTURE POLICY

Tuesday, April 5, 2005, 12:00 p.m. Hearing Room 1.

Possible Executive session.

Public hearings to be held on: HB 853, HB 864, SB 88, SCS SB 147, SB 171

BUDGET

Tuesday, April 5, 2005, 8:00 a.m. Hearing Room 3.

Markup. Executive session may follow.

Public hearings to be held on: HB 1, HB 2, HB 3, HB 4, HB 5,

HB 6, HB 7, HB 8, HB 9, HB 10, HB 11, HB 12, HB 13

BUDGET

Tuesday, April 5, 2005, 12:00 p.m. Hearing Room 3.

Markup. House Bills 1 through 13.

Executive session may follow.

Committee will adjourn at 2:00 p.m.

BUDGET

Tuesday, April 5, 2005, 6:00 p.m. Hearing Room 3.

Markup. House Bills 1 through 13.

Executive session may follow.

Committee will adjourn at 10:00 p.m.

BUDGET

Wednesday, April 6, 2005, 8:00 a.m. Hearing Room 3.

Markup. House Bills 1 through 13.

Executive session may follow.

Committee will adjourn at 2:00 p.m. AMENDED

Public hearing to be held on: HJR 12

BUDGET

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

Markup. House Bills 1 through 13.

Executive session may follow.

Committee will adjourn at 10:00 p.m.

BUDGET

Thursday, April 7, 2005, 2:00 p.m. Hearing Room 3.

Markup. House Bills 1 through 13.

Executive session may follow.

CHILDREN AND FAMILIES

Wednesday, April 6, 2005, 8:00 a.m. Hearing Room 7.

Executive session may follow.

Public hearings to be held on: HB 452, HB 536

CONSERVATION AND NATURAL RESOURCES

Wednesday, April 6, 2005, Hearing Room 1 upon evening adjournment.

Executive session may follow.

Public hearings to be held on: HB 824, HB 549, HB 698, HB 706, SS SJR 1

CRIME PREVENTION AND PUBLIC SAFETY

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

Executive session may follow. AMENDED

Public hearings to be held on: HB 793, HB 97,

SCS SB 10 & 27, SCS SB 423, SCS SB 73

ELECTIONS

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

Executive session will follow.

Public hearings to be held on: HB 728, HB 608, HB 948

ELEMENTARY AND SECONDARY EDUCATION

Wednesday, April 6, 2005, 9:15 a.m. Hearing Room 4.

Executive session may follow.

Public hearings to be held on: SCS SBs 103 & 115, SCS SB 161,

SCS SB 266, SB 298, SB 299, SCS SB 302, SB 306

FINANCIAL INSTITUTIONS

Tuesday, April 5, 2005, 12:00 p.m. Hearing Room 6.

Executive session may follow.

Public hearing to be held on: SCS SB 270

FISCAL REVIEW

Tuesday, April 5, 2005, 9:00 a.m. Hearing Room 5.

Executive session will be held on: HCS HB 394

HEALTH CARE POLICY

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

Executive session may follow.

Public hearing to be held on: HB 636

HIGHER EDUCATION

Tuesday, April 5, 2005, 12:00 p.m. Hearing Room 5.

Executive session may follow.

Public hearings to be held on: HB 753, HB 742

INSURANCE POLICY

Tuesday, April 5, 2005, Hearing Room 7 upon evening adjournment.

Executive session may follow

Public hearings to be held on: HB 866, HB 846, HB 202,

SB 131, SCS SB 133, SB 261

JOB CREATION AND ECONOMIC DEVELOPMENT

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

Executive session may follow. AMENDED

Public hearings to be held on: HB 854, HB 863, SCS SB 170, SB 156

JOINT COMMITTEE ON TERRORISM, BIOTERRORISM AND HOMELAND SECURITY

Thursday, April 7, 2005, 8:30 a.m. House Lounge.

Vote to approve the 12-7-04 report of the Joint Committee on

Terrorism, Bioterrorism and Homeland Security.

JUDICIARY

Tuesday, April 5, 2005, Hearing Room 7 upon morning recess.

Executive session may follow AMENDED

Public hearings to be held on: HB 794, HB 826, SB 86,

SB 279, SB 165, SB 149, SCS SB 24

LOCAL GOVERNMENT

Thursday, April 7, 2005, 8:00 a.m. Hearing Room 6.

Executive session may follow. AMENDED

Public hearings to be held on: HB 415, SCS SB 138,

SS SCS SB 210, SCS SB 262, SB 268

PROFESSIONAL REGISTRATION AND LICENSING

Wednesday, April 6, 2005, 12:00 p.m. Hearing Room 1.

Public hearings to be held on: HB 554, HB 855

Executive session may be held on: HB 61, HB 652, HB 662,

HB 665, HB 702, HB 803, HB 855

RETIREMENT

Wednesday, April 6, 2005, 6:00 p.m. Hearing Room 7.

Executive session may follow. AMENDED

Public hearings to be held on: HB 804, HB 327, HB 721, SB 317

SPECIAL COMMITTEE ON EDUCATION FUNDING

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

Hearing will begin at 6:00 p.m. or adjournment which ever is later.

It is imperative that every member attend this meeting.

Public hearing to be held on: HB 771

SPECIAL COMMITTEE ON URBAN ISSUES

Wednesday, April 6, 2005, Hearing Room 4 upon evening adjournment.

Executive session may follow.

Public hearings to be held on: HB 880, SCS SB 246

TRANSPORTATION

Wednesday, April 6, 2005, 8:00 a.m. Hearing Room 1.

Executive session may follow. AMENDED

Public hearings to be held on: HB 612, HB 777, HB 760, HB 632,

HB 223, HB 147, SB 38, SB 209, SCS SB 233

HOUSE CALENDAR

FORTY-EIGHTH DAY, TUESDAY, APRIL 5, 2005

HOUSE BILLS FOR PERFECTION

1          HB 344 - Baker (123)

2          HB 376 - Guest

3          HCS HB 388 - Yates

4          HCS HB 576 - Flook

5          HCS HB 64 - Sutherland

6          HCS HB 286 - Bland

7          HCS HB 519 - Roark                         (3 hours debate on Perfection)

8          HB 539 - Icet

9          HCS HB 474 - Yates

10        HCS HB 628 - Byrd

11        HCS HB 639 - Cunningham (86)

12        HB 700 - Moore

13        HB 375 - Nance

14        HB 410 - Flook

15        HCS HB 532 - Spreng

16        HCS HB 255 - Cunningham (86)

17        HCS HB 387 - Byrd

18        HCS HB 518, 288, 418 & 635 - St. Onge

19        HCS HB 525 - May

20        HB 530 - Moore

21        HCS HB 353 - Lipke                                      (2 hours debate on Perfection)

22        HB 205 - Salva

23        HCS HB 49 & 50 - Jolly

24        HCS HB 209 - Cooper (120)

HOUSE JOINT RESOLUTION FOR THIRD READING

HCS HJR 16 - Chinn

HOUSE BILL FOR THIRD READING

HCS HB 394, (Fiscal Review 3-31-05) - Byrd

HOUSE BILL FOR THIRD READING - FEDERAL MANDATE

HB 738, E.C. - Behnen

HOUSE BILLS FOR THIRD READING - CONSENT

1          HCS HB 508, E.C. - Pratt

2          HB 707 - Cunningham (145)

SENATE BILLS FOR THIRD READING

1          HCS SCS SBs 202, 33, 45, 183 & 217, E.C. - Smith (118)

2          SS SB 539 - Stefanick                                   (7 hours debate on Third Reading)

BILL IN CONFERENCE

CCR 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)

5          HCR 20, (3-09-05, Page 553) - Rupp