Journal of the House

First Regular Session, 93rd General Assembly

FIFTY-THIRD DAY, Tuesday, April 12, 2005

The House met pursuant to adjournment.

            Speaker Pro Tem Bearden in the Chair.

            Prayer by Father Donald W. Lammers.

              Almighty God, we thank You for the gift of springtime. We thank You for the sunlight which calls us into the work of this day, for the cool air which stirs our energy, and for the sight of green leaves announcing Your ongoing creation of new life everywhere.

              Lord God, throughout the work of this day, may the vitality of spring remain alive in us. By Your creative power, may new possibilities, new vision and new insights come alive in the members of this body. May all our work, our deliberations, our discussions and finally our voting advance justice and equity among the people of our state. As Your power supports the new life all around us, so may the outcome of our work support and protect the life of all the people.

              We pray to You, our God, 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: Amy Miller, Amber Sandner, Kayla Birke, Sydney Checkett, Jenita Checkett, Josh Ebbesmeyer, Simone' Page, Paul Turner, Jaelyn Bergmann, Stanley Wright, Sa'Chai Long, Britton Francis, Meghan Dye, Chelsea Young, Ulises Orozco, Cierra Joy, Savannah Joy, Jesse Joy, Joshua Bayless, Drew Vines, Ashley Guinn, Jillian Krings, Alana Schlemmer, Allison Smith, Patrick Timothy Green, Ryan O'Toole and Corbin Bridge.

            The Journal of the fifty-second day was approved as printed.

SPECIAL RECOGNITION

            Dr. Wynn Volkert of Columbia, Missouri was introduced by Representative Baker (25) and recognized as an Outstanding Missourian.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 2033 - Representative Parson

            House Resolution No. 2034

                        through

            House Resolution No. 2050 - Representative Kraus

            House Resolution No. 2051 - Representative Page

            House Resolution No. 2052 - Representative Liese

            House Resolution No. 2053

                        through

            House Resolution No. 2055 - Representative Wallace

            House Resolution No. 2056 - Representative Schaaf

            House Resolution No. 2057 - Representatives Rupp and Dempsey

 PERFECTION OF HOUSE BILL

            HCS HB 209, relating to business license tax, was taken up by Representative Cooper (120).

            Representative Bruns offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 209, Page 7, Section 92.089, Line 28, by inserting after the word “with” the following:

              “subdivision (1) of subsection 10 of section 92.086 or”; and

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

            Representative Cooper (120) offered House Substitute Amendment No. 1 for House Amendment No. 1.

House Substitute Amendment No. 1

for

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 209, Page 7, Section 92.089, Line 28, by inserting after the word “with” the following:

              “subdivisions (1) and (2) of subsection 10 of section 92.086 or”; and

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

            On motion of Representative Cooper (120), House Substitute Amendment No. 1 for House Amendment No. 1 was adopted.

            Representative Stevenson offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 209, Section 92.086, Page 4, Line 52, by inserting after the word, “companies” the following, “excluding the collection fee authorized in subsection 5"; and

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

            On motion of Representative Stevenson, House Amendment No. 2 was adopted.

            Representative Smith (118) offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 209, Section 92.086, Page 5, Line 82, by deleting said line.

            Representative Salva offered House Amendment No. 1 to House Amendment No. 3.

            Representative Cooper (120) raised a point of order that House Amendment No. 1 to House Amendment No. 3 is not a true amendment to the amendment.

            The Chair ruled the point of order well taken.

            Representative Smith (118) moved that House Amendment No. 3 be adopted.

            Which motion was defeated by the following vote:

            Representative Burnett offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill No. 209, Page 7, Section 92.089, Lines 29 through 32, by deleting immediately after the word, “2006", the following:

              “If any municipality, prior to August 28, 2005, has brought litigation or caused an audit of back taxes for the nonpayment by a telecommunications company of municipal business licenses taxes, it shall immediately dismiss such lawsuit with prejudice and shall cease and desist from continuing any audit.”; and

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

            Representative Cooper (120) raised a point of order that House Amendment No. 4 amends previously amended material.

            The Chair ruled the point of order not well taken.

            Representative Villa offered House Substitute Amendment No. 1 for House Amendment No. 4.

House Substitute Amendment No. 1

for

House Amendment No. 4

AMEND House Committee Substitute for House Bill No. 209, Page 1, Section 71.675, by deleting all of said section; and

              Further amend said bill, Pages 6 through 7, Section 92.089, by deleting all of said section; and

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

            Representative Villa moved that House Substitute Amendment No. 1 for House Amendment No. 4 be adopted.

            Which motion was defeated by the following vote:

            Representative Burnett moved that House Amendment No. 4 be adopted.

            Which motion was defeated.

            HCS HB 209, as amended, was laid over.

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

AFTERNOON SESSION

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

            The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Elizabeth Turner, Alana Thurston, Elizabeth Thurston, Caleb Piontek and Emily Piontek.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 2058 - Representative Bivins

            House Resolution No. 2059

                        and

            House Resolution No. 2060 - Representative Guest

            House Resolution No. 2061 - Representative Moore

            House Resolution No. 2062 - Representative Wright-Jones

            House Resolution No. 2063

through

            House Resolution No. 2065   - Representative Pratt, et al.

            House Resolution No. 2066 - Representative Dethrow

            House Resolution No. 2067 - Representative Johnson (61)

            House Resolution No. 2068 - Representative Whorton

            House Resolution No. 2069 - Representative Fisher

            House Resolution No. 2070

                        through

            House Resolution No. 2083 - Representative Whorton

            House Resolution No. 2084 - Representative Harris (23)

            House Resolution No. 2085 - Representative Franz

            House Resolution No. 2086 - Representative Kratky

            House Resolution No. 2087 - Representative Schoemehl

            House Resolution No. 2088

                        through

            House Resolution No. 2092 - Representative Shoemyer

            House Resolution No. 2093 - Representative Harris (23)

SIGNING OF SENATE BILLS

            All other business of the House was suspended while HCS SCS SBs 202, 33, 45, 183 & 217 and SS SB 539 were read at length and, there being no objection, were signed by the Speaker to the end that the same may become law.

PERFECTION OF HOUSE BILLS

            HB 344, relating to county health centers, was taken up by Representative Baker (123).

            Representative Bringer offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 344, Page 1, Section 205.010, Line 11, by inserting after said line the following:

              "198.345. Nothing in sections 198.200 to 198.350 shall prohibit a nursing home district from establishing and maintaining apartments for seniors that provide, at a minimum, housing, food services, and emergency call buttons in any county of the third classification without a township form of government and with more than twenty-eight thousand two hundred inhabitants but fewer than twenty-eight thousand three hundred inhabitants or any county of the third classification without a township form of government and with more than nine thousand five hundred fifty but fewer than nine thousand six hundred fifty inhabitants"; and

              Further amend Line Two of the Title, by deleting said line and inserting in lieu thereof the following:

              “health centers and nursing home districts.”; and

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

            Speaker Pro Tem Bearden resumed the Chair.

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

            On motion of Representative Baker (123), HB 344, as amended, was ordered perfected and printed.

            HCS HB 209, as amended, relating to business license tax, was again taken up by Representative Cooper (120).

            Representative Storch requested a division of the question on HCS HB 209, as amended.

            The division of the question was denied by the Chair.

            Representative Dempsey moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Cooper (120), HCS HB 209, as amended, was adopted.

            On motion of Representative Cooper (120), HCS HB 209, as amended, was ordered perfected and printed.

PERFECTION OF HOUSE BILLS - APPROPRIATIONS

            HB 1, relating to appropriations, was taken up by Representative Lager.

            HB 1 was laid over.

            HCS HB 2, relating to appropriations, was taken up by Representative Lager.

            HCS HB 2 was laid over.

            HCS HB 3, relating to appropriations, was taken up by Representative Lager.

            HCS HB 3 was laid over.

            HCS HB 4, relating to appropriations, was taken up by Representative Lager.

            HCS HB 4 was laid over.

            HCS HB 5, relating to appropriations, was taken up by Representative Lager.

            HCS HB 5 was laid over.

            HCS HB 6, relating to appropriations, was taken up by Representative Lager.

            HCS HB 6 was laid over.

            HCS HB 7, relating to appropriations, was taken up by Representative Lager.

            HCS HB 7 was laid over.

            HCS HB 8, relating to appropriations, was taken up by Representative Lager.

            HCS HB 8 was laid over.

            HCS HB 9, relating to appropriations, was taken up by Representative Lager.

            HCS HB 9 was laid over.

            HCS HB 10, relating to appropriations, was taken up by Representative Lager.

            HCS HB 10 was laid over.

            HCS HB 11, relating to appropriations, was taken up by Representative Lager.

            HCS HB 11 was laid over.

            HB 12, relating to appropriations, was taken up by Representative Lager.

            HB 12 was laid over.

            HB 13, relating to appropriations, was taken up by Representative Lager.

            HB 13 was laid over.

            HB 1, relating to appropriations, was again taken up by Representative Lager.

            HB 1 was laid over.

            HCS HB 2, relating to appropriations, was again taken up by Representative Lager.

            Speaker Jetton resumed the Chair.

            HCS HB 2 was laid over.

            HCS HB 4, relating to appropriations, was taken up by Representative Lager.

            Representative Skaggs offered House Amendment No. 1.

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

            The Chair ruled the point of order well taken.

            HCS HB 4 was laid over.

            HCS HB 2, relating to appropriations, was again taken up by Representative Lager.

            Speaker Pro Tem Bearden resumed the Chair.

            Representative Donnelly offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 2, Page 2, Section 2.015, Line 6, by deleting “842,752" and inserting “759,000" and adjusting section and bill totals accordingly.

            Representative Donnelly moved that House Amendment No. 1 be adopted.

            Which motion was defeated by the following vote:

            HCS HB 2 was laid over.

            HCS HB 10, relating to appropriations, was again taken up by Representative Lager.

            Representative Donnelly offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 10, Page 2, Section 10.010, Line 6, by deleting “7,605,729" and inserting “6,849,865"; and

              Further amend said bill, Page 25, Section 10.605, Line 6, by deleting “1,956,425" and inserting “1,761,994" and adjusting section and bill totals accordingly.

            Representative Donnelly moved that House Amendment No. 1 be adopted.

            Which motion was defeated by the following vote:

            HCS HB 10 was laid over.

            HCS HB 2, relating to appropriations, was again taken up by Representative Lager.

            Representative Barnitz offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 2, Page 1, Section 2.005, Line 3, by adding after “Equipment” the following:

              “, provided that not more than twenty-five percent (25%) flexibility is allowed between each appropriation”; and

              Further amend said bill, Page 2, Section 2.015, Line 5, by adding after “Equipment” the following:

              “, provided that not more than twenty-five percent (25%) flexibility is allowed between each appropriation”; and

              Further amend said bill, Page 4, Section 2.065, Line 3, by adding after “Equipment” the following:

              “, provided that not more than twenty-five percent (25%) flexibility is allowed between each appropriation”; and

              Further amend said section, Line 11, by adding after “Equipment” the following:

              “, provided that not more than twenty-five percent (25%) flexibility is allowed between each appropriation”; and

              Further amend said section, Line 15, by adding after “Equipment” the following:

              “, provided that not more than twenty-five percent (25%) flexibility is allowed between each appropriation”; and

              Further amend said bill, Page 12, Section 2.300, Line 3, by adding after “Equipment” the following:

              “, provided that not more than twenty-five percent (25%) flexibility is allowed between each appropriation”. 

            On motion of Representative Barnitz, House Amendment No. 2 was adopted.

            HCS HB 2, as amended, was laid over.

            HCS HB 3, relating to appropriations, was again taken up by Representative Lager.

            Representative Barnitz offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 3, Page 1, Section 3.005, Line 5, by adding after “Equipment” the following:

              “, provided that not more than twenty-five percent (25%) flexibility is allowed between each appropriation”; and

              Further amend said bill, Page 1, Section 3.010, Line 5, by adding after “Equipment” the following:

              “, provided that not more than twenty-five percent (25%) flexibility is allowed between each appropriation”.

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

            HCS HB 3, as amended, was laid over.

            HCS HB 4, relating to appropriations, was again taken up by Representative Lager.

            Representative Henke offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 4, Page 15, Section 4.310, Line 4, by deleting “$4,700,500" and inserting “$525,878" and adjust section and bill totals accordingly.

            Representative Henke moved that House Amendment No. 2 be adopted.

            Which motion was defeated by the following vote:

            Representative Lampe offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 4, Page 15, Section 4.310, Line 4, by deleting “4,700,500" and adjusting section and bill totals accordingly.

            Representative Lampe moved that House Amendment No. 3 be adopted.

            Which motion was defeated.

            Representative Barnitz offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill No. 4, Page 2, Section 4.020, Line 3, by inserting immediately after the word “Equipment” the following:

              “, provided that not more than twenty-five percent (25%) flexibility is allowed between each appropriation”; and

              Further amend said bill, Page 12, Section 4.245, Line 3, by inserting immediately after the word “Equipment” the following:

              “, provided that not more than twenty-five percent (25%) flexibility is allowed between each appropriation”.

            On motion of Representative Barnitz, House Amendment No. 4 was adopted.

            HCS HB 4, as amended, was laid over.

            On motion of Representative Dempsey, the House recessed until 8:00 p.m.

EVENING SESSION

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

PERFECTION OF HOUSE BILLS - APPROPRIATIONS

            HCS HB 4, as amended, relating to appropriations, was again taken up by Representative Lager.

            Representative Henke offered House Amendment No. 5.

House Amendment No. 5

AMEND House Committee Substitute for House Bill No. 4, Page 15, Section 4.310, Line 4, by deleting “$4,700,500" and inserting “$4,174,622"; and

              Further amend said bill, Section 4.310, by deleting Line 5; and

              Further amend said bill, by deleting Section 4.315 in its entirety and adjust sections and bill totals accordingly.

            Representative Henke moved that House Amendment No. 5 be adopted.

            Which motion was defeated.

            HCS HB 4, as amended, was laid over.

            HCS HB 5, relating to appropriations, was again taken up by Representative Lager.

            Representative Storch offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 5, Page 2, Section 5.010, Line 6, by deleting “2,200,000" and inserting “2,175,000" and adjusting section and bill totals accordingly.

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

            HCS HB 5, as amended, was laid over.

            HCS HB 10, relating to appropriations, was again taken up by Representative Lager.

            Representative Storch offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 10, Page 24, Section 10.600, Line 7, by inserting immediately after said line the following:

              “For the purpose of funding St. Louis Cord Blood Bank at Cardinal Glennon

                            Children’s Hospital in St. Louis, Missouri

              From General Revenue Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$25,000"; and

              Adjust section and bill totals accordingly.

            On motion of Representative Storch, House Amendment No. 2 was adopted.

            HCS HB 10, as amended, was laid over.

            HCS HB 5, as amended, relating to appropriations, was again taken up by Representative Lager.

            Representative Whorton offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 5, Page 2, Section 5.030, Line 6, by deleting “$6,528,661" and inserting “$5,935,672"; and

              Further amend Section 5.030, Page 3, Line 24, by deleting “$326,951" and inserting “$297,255" and adjust section and bill totals accordingly.

            On motion of Representative Whorton, House Amendment No. 2 was adopted.

            HCS HB 5, as amended, was laid over.

            HCS HB 10, as amended, relating to appropriations, was again taken up by Representative Lager.

            Representative Whorton offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 10, Page 34, Section 10.725, Line 4, by deleting “$10,102,030" and inserting “$10,724,715" and adjust section and bill totals accordingly.

            On motion of Representative Whorton, House Amendment No. 3 was adopted by the following vote: