Journal of the House


First Regular Session, 93rd General Assembly




SIXTY-FOURTH DAY, Wednesday, April 27, 2005

The House met pursuant to adjournment.


            Speaker Jetton in the Chair.


            Prayer by Reverend James Earl Jackson.


              Heavenly Father, we can not adequately speak of Your greatness and love. You have looked deep into our hearts, and You know all about us. You know when we are resting or when we are working, and from Heaven You know our thoughts. You notice everything we do and everywhere we go. Before we even speak a word, You know what we will say, and with Your powerful arm You protect us from harm. We can’t understand all of this! Such wonderful knowledge is far above us.


              So with this knowledge of You, we pray that our hearts would overflow with good thoughts; our words be articulate and well thought out; respectful not vicious. May the weariness of our minds and bodies not influence our viewpoint nor distort our focus.


              We understand that our lives, for the most part, are shaped by our choices, but I don’t forget what You have revealed: That our times are in Your hands.


              Help us to take moments out of our busy day, to acknowledge You and give thanks for the simple things in life.


              We ask these things of You, in the name of Your Son. 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: Whitney Tiberghien, Antonyse Willis, Chazmine English, Cecil Keyes, Quan Corbin-Jackson, Landon Franz, Lauren Franz, Kelsey Terry, Emily McQuillen, Lanu Atatai, Brandon Demoret, Scott Joolly, Eddie Napier, Brandon Parker, Grace Dixon and Sarah Osseck.


            The Journal of the sixty-third day was approved as corrected.


SPECIAL RECOGNITION


            Ronald Antoine Seawright, Jr. of St. Louis was introduced by Representative El-Amin and recognized as an Outstanding Missourian.


            Speaker Pro Tem Bearden assumed the Chair.




HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 2601 - Representative Quinn

            House Resolution No. 2602 - Representatives Quinn and Whorton

            House Resolution No. 2603

                        through

            House Resolution No. 2606 - Representative LeVota

            House Resolution No. 2607 - Representative Bowman

            House Resolution No. 2608 - Representative Goodman

            House Resolution No. 2609 - Representative Guest

            House Resolution No. 2610

                        through

            House Resolution No. 2615 - Representative Day

            House Resolution No. 2616 - Representative Marsh

            House Resolution No. 2617 - Representative Whorton


PERFECTION OF HOUSE BILLS


            HCS HB 560, relating to excursion gambling boat licenses, was taken up by Representative Wright (137).


            Representative Salva offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for House Bill No. 560, Section 313.812, Pages 5 and 6, Lines 150 through 176, by deleting all of said lines and inserting in lieu thereof the following:


              15. (1) Except as provided in subdivision (2) of this section the commission may issue licenses to operate excursion gambling boats up until such point as there are fourteen licensed excursion gambling boats in the state, excluding any excursion gambling boats licensed pursuant to subdivision (2) of this section. Once there are fourteen excursion gambling boats with valid licenses in this state, excluding any excursion gambling boats licensed pursuant to subdivision (2) of this section, the commission shall not issue any new licenses unless one or more of the fourteen licenses already issued expires, is forfeited, or revoked. In that instance the commission may grant a new license to replace the license that expired, was forfeited, or revoked but such license shall only be granted for an excursion gambling boat which will be located in the same city, county, or metropolitan area as the excursion gambling boat whose license expired, was forfeited, or revoked.

              2. Notwithstanding the provisions of subdivision (1) of this section, the commission may issue a license to operate an excursion gambling boat to any city of the fourth classification with more than three thousand eight hundred but less than four thousand inhabitants and located in more than one county, provided that the license is applied for and issued prior to January 1, 2010. If such license is not applied for and issued prior to that date then the commission shall not thereafter issue such license."; and


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


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


            Which motion was defeated.


            Representative Jackson offered House Amendment No. 2.


            Representative Salva raised a point of order that he was not recognized for the purpose of requesting a roll call on the motion to adopt House Amendment No. 1.


            The Chair ruled the point of order not timely.


            Representative Salva raised a point of order that House Amendment No. 2 is not germane to the bill.


            The Chair ruled the point of order not timely.


            House Amendment No. 2 was withdrawn.


            On motion of Representative Wright (137), HCS HB 560 was adopted.


            On motion of Representative Wright (137), HCS HB 560 was ordered perfected and printed.


            HB 952, relating to a sales tax on personal care services, was taken up by Representative Icet.


            On motion of Representative Icet, HB 952 was ordered perfected and printed.


            HB 880, relating to the Minority Business Enterprise/Women Business Enterprise Oversight Review Committee, was taken up by Representative Hughes.


            On motion of Representative Hughes, HB 880 was ordered perfected and printed.


            HB 789, relating to a sales tax exemption, was taken up by Representative Salva.


            On motion of Representative Salva, HB 789 was ordered perfected and printed.


THIRD READING OF SENATE JOINT RESOLUTION


            SS SJR 1, relating to parks and soils tax, was taken up by Representative Chinn.


            On motion of Representative Chinn, SS SJR 1 was truly agreed to and finally passed by the following vote:


AYES: 135

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Baker 123

Bearden

Behnen

Black

Bland

Bowman

Boykins

Bringer

Brown 30

Brown 50

Bruns

Byrd

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Curls

Darrough

Daus

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Emery

Ervin

Faith

Fisher

Franz

Fraser

George

Goodman

Guest

Harris 23

Harris 110

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kuessner

Lager

Lampe

Liese

Lipke

Low 39

Lowe 44

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Quinn

Rector

Richard

Roark

Robb

Robinson

Ruestman

Rupp

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Silvey

Smith 14

Smith 118

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Zweifel

Mr Speaker

 

 

 

 

 

NOES: 021

 

 

 

 

 

 

 

 

 

Avery

Bivins

Brooks

Burnett

Cunningham 86

Davis

Dougherty

Dusenberg

Flook

Kraus

Lembke

LeVota

Muschany

Portwood

Pratt

Roorda

Rucker

Salva

Wildberger

Yates

Young

 

 

 

 

 

 

 

 

 

PRESENT: 002

 

 

 

 

 

 

 

 

 

El-Amin

Fares

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 004

 

 

 

 

 

 

Bean

Loehner

Marsh

Skaggs

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


THIRD READING OF SENATE BILLS


            SCS SB 73, relating to the sex offender registry, was taken up by Representative Weter.


            On motion of Representative Weter, SCS SB 73 was truly agreed to and finally passed by the following vote:


AYES: 159

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bowman

Boykins

Bringer

Brooks

Brown 30

Brown 50

Bruns

Burnett

Byrd

Casey

Chinn

Chappelle-Nadal

Cooper 120

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

Goodman

Guest

Harris 23

Harris 110

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

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

Silvey

Skaggs

Smith 14

Smith 118

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 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 003

 

 

 

 

 

 

Bean

Cooper 155

Marsh

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            SCS SB 258, relating to county health centers, was taken up by Representative Baker (123).


            On motion of Representative Baker (123), SCS SB 258 was truly agreed to and finally passed by the following vote:


AYES: 144

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Boykins

Brown 30

Brown 50

Bruns

Burnett

Byrd

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Curls

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Franz

Fraser

George

Goodman

Guest

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Lowe 44

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Ruestman

Rupp

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Selby

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 118

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 012

 

 

 

 

 

 

 

 

 

Bowman

Bringer

Brooks

Cunningham 86

Darrough

Donnelly

Flook

Harris 23

Harris 110

Low 39

Rucker

Salva

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

El-Amin

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 005

 

 

 

 

 

 

Bean

Marsh

Portwood

Schoemehl

Wildberger

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            SB 378, relating to stolen license plate tabs, was taken up by Representative Boykins.


            Representative Boykins offered House Amendment No. 1.


House Amendment No. 1


AMEND Senate Bill No. 378, Page 1, Section 301.301, Line 2, by deleting said line and inserting in lieu thereof the following:


              “no cost up to two sets of two license plate tabs per year when the application for the”; and


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


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




            On motion of Representative Boykins, SB 378, as amended, was read the third time and passed by the following vote:


AYES: 159

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bowman

Boykins

Bringer

Brooks

Brown 30

Brown 50

Bruns

Burnett

Byrd

Casey

Chinn

Chappelle-Nadal

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

Goodman

Guest

Harris 23

Harris 110

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

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

Silvey

Skaggs

Smith 14

Smith 118

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 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 003

 

 

 

 

 

 

Bean

Marsh

Shoemyer

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


HOUSE CONCURRENT RESOLUTION


            HCR 23, relating to women’s health, was taken up by Representative Sutherland.


            On motion of Representative Sutherland, HCR 23 was adopted.


            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.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 2618 - Representative Nance

            House Resolution No. 2619

                        and

            House Resolution No. 2620 - Representative Cooper (158)

            House Resolution No. 2621

                        and

            House Resolution No. 2622 - Representative Lager

            House Resolution No. 2623 - Representative Lembke

            House Resolution No. 2624 - Representative Wood

            House Resolution No. 2625 - Representative Oxford

            House Resolution No. 2626 - Representative Casey

            House Resolution No. 2627 - Representative Loehner

            House Resolution No. 2628 - Representative Fares

            House Resolution No. 2629 - Representatives Fares and Donnelly

            House Resolution No. 2630

                        and

            House Resolution No. 2631 - Representative Shoemyer

            House Resolution No. 2632

                        and

            House Resolution No. 2633 - Representative Whorton

            House Resolution No. 2634 - Representative Goodman

            House Resolution No. 2635 - Representative Chappelle-Nadal

            House Resolution No. 2636

                        and

            House Resolution No. 2637 - Representative Sutherland

            House Resolution No. 2638

                        through

            House Resolution No. 2640 - Representative Pearce

            House Resolution No. 2641 - Representative Pratt

            House Resolution No. 2642 - Representative Pratt, et al.

            House Resolution No. 2643 - Representative Kraus

            House Resolution No. 2644

                        and

            House Resolution No. 2645 - Representative Wilson (130)


            Speaker Pro Tem Bearden resumed the Chair.




THIRD READING OF SENATE BILLS


            SS SCS SB 179, relating to cost recovery for utility companies, was taken up by Representative Rector.


            On motion of Representative Rector, SS SCS SB 179 was truly agreed to and finally passed by the following vote:


AYES: 153

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bowman

Boykins

Bringer

Brown 30

Brown 50

Bruns

Burnett

Byrd

Casey

Chinn

Chappelle-Nadal

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

Franz

Fraser

George

Goodman

Guest

Harris 23

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 61

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

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

Silvey

Skaggs

Smith 14

Smith 118

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

NOES: 002

 

 

 

 

 

 

 

 

 

Harris 110

Johnson 47

 

 

 

 

 

 

 

 

PRESENT: 002

 

 

 

 

 

 

 

 

 

Brooks

Wilson 130

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 005

 

 

 

 

 

 

Bean

Cooper 120

Flook

Marsh

Wright 137

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            HCS SS SCS SB 237, relating to telecommunications regulations, was taken up by Representative Rector.


            Representative Rector offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 237, Section 227.240, Page 1, Line 7, by inserting immediately after said line the following:


              "2. A cable television corporation or company shall be permitted to place its lines within the right-of-way of any state highway, consistent with the rules and regulations of the state highways and transportation commission. The state highways and transportation commission shall establish a system for receiving and resolving complaints with respect to cable television lines placed in, or removed from, the right-of-way of a state highway.”, and renumber remaining subsections accordingly; and


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


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


            Representative Byrd offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 237, Page 22, Section 1, Line 1, by inserting prior to the word “any” the phrase “beginning January 1, 2007"; and


              Further amend the same section, Page 23, Line 8, by deleting the phrase “August 28, 2005" and inserting in lieu thereof “January 1, 2007".


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


            On motion of Representative Rector, HCS SS SCS SB 237, as amended, was adopted.


            On motion of Representative Rector, HCS SS SCS SB 237, as amended, was read the third time and passed by the following vote:


AYES: 158

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bowman

Bringer

Brooks

Brown 30

Brown 50

Bruns

Burnett

Byrd

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 23

Harris 110

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

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

Silvey

Skaggs

Smith 14

Smith 118

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 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 004

 

 

 

 

 

 

Bean

Boykins

Dougherty

Marsh

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            SB 323, relating to umbilical cord blood banks, was taken up by Representative Kraus.


            On motion of Representative Kraus, SB 323 was truly agreed to and finally passed by the following vote:


AYES: 157

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bowman

Bringer

Brooks

Brown 30

Brown 50

Bruns

Burnett

Byrd

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 23

Harris 110

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

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

Silvey

Skaggs

Smith 14

Smith 118

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 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 005

 

 

 

 

 

 

Bean

Boykins

Dougherty

Marsh

Parker

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


PERFECTION OF HOUSE BILL


            HCS HBs 591, 210, 377, 760 & 777, relating to transportation, was taken up by Representative Schlottach.


            Representative Henke offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for House Bill Nos. 591, 210, 377, 760 & 777, Page 4, Section 136.055, Line 18 of said page, by deleting all of said line and inserting in lieu thereof the following:


              "state director of revenue as provided in subsection 2 of this section to act as an agent of the department of"; and


              Further amend said bill, Page 5, Section 136.055, Line 20 of said page, by inserting after all of said line the following:

 

              "2. The department of revenue shall award fee office contracts under this section to school districts or coalitions of school districts, or to individual organizations through a competitive bidding process. Any revenues generated as a result of the competitive bidding process shall be distributed to the school districts in the county in which the fee office is located, with the funds to be distributed on a per-pupil basis."; and

 



              Further amend said bill, Page 5, Section 136.055, Line 21 of said page, by deleting all of said line and inserting in lieu thereof the following:


              "3. All fees charged shall not exceed those in this section."; and

 

              Further amend said bill, Page 5, Section 136.055, Line 25 of said page, by deleting all of said line and inserting the following:

 

              "[3.] 4. Any person acting as agent of the department of revenue"; and

 

              Further amend said bill, Page 6, Section 136.055, Line 2 of said page, by deleting all of said line and inserting the following:

 

              "[4.] 5. The fee increases authorized by this section and"; and

 

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


            Representative Smith (118) offered House Amendment No. 1 to House Amendment No. 1.


House Amendment No. 1

to

House Amendment No. 1


AMEND House Amendment No. 1 to House Committee Substitute for House Bill Nos. 591, 210, 377, 760 & 777, Page 1, Section 2, Lines 9-14, by striking all of said lines, and inserting in lieu thereof the following:


              “contracts under this section to the counties of this state.”.


            HCS HBs 591, 210, 377, 760 & 777, with House Amendment No. 1 to House Amendment No. 1 and House Amendment No. 1, pending, 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 passed SCS HCS HB 10, entitled:


            An act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Mental Health, the Board of Public Buildings, the Department of Health and Senior Services, and the several divisions and programs thereof, the Missouri Health Facilities Review Committee, the Commission for the Missouri Senior Rx Program, and the Office of Administration to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2005 and ending June 30, 2006.


            With Senate Amendment No. 1 and Senate Amendment No. 2.


Senate Amendment No. 1


AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 10, Page 36, Section 10.705, Line 7, by deleting the number “$17,729,743" and inserting in lieu thereof the number “$17,705,267"; and


              Further amend said section, Line 8, by deleting the number “21,439,375" and inserting in lieu thereof the number “21,212,662"; and




              Further amend said section, Line 21, by deleting said line and inserting in lieu thereof the following:


              “Total (Not to exceed 1,016 F.T.E.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$41,849,716".


Senate Amendment No. 2


AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 10, Page 27, Section 10.325, by deleting said section and replacing in lieu thereof the following new section:


              “Section 10.325. To the Department of Mental Health

              For the Division of Mental Retardation-Developmental Disabilities

              For the purpose of funding asphalt overlay of parking lots at

                            Bellefontaine Habilitation Center

              From Mental Health Trust Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $437,304


              For the purpose of funding capital improvement projects at State

                            Habilitation Centers and residential facilities

              From Mental Health Trust Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336,596

              Total (0 F.T.E.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $773,900".


            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 HCS HB 11, entitled:


            An act to appropriate money for the expenses, grants and distributions of the Department of Social Services and the Office of Administration, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2005 and ending June 30, 2006.


            With Senate Amendment No. 1, Senate Amendment No. 2 and Senate Amendment No. 4.


Senate Amendment No. 1


AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 11, Page 13, Section 11.242, Line 4, by deleting Line 4 and Line 5 and inserting in lieu thereof the following:


              “contracts through community based, organizations as described in RSMo 210.112.”; and


              Further amend said section, Line 9, by inserting after the word “include” the following:


              “, but are not limited to, Case Management, Foster Care, Residential Treatment,”; and


              Further amend said section, Line 12, by inserting after the word “and” as it appears the first time in said line the following: “/or”.


Senate Amendment No. 2


AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 11, Page 17, Section 11.400, Lines 3-9, by striking all of said lines and inserting in lieu thereof the following:


              “For the purpose of funding administrative services. The single agency administering the Medicaid”. 



Senate Amendment No. 4


AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 11, Page 14, Section 11.245, Line 5, by deleting the number “39,483,463” and inserting in lieu thereof the number “43,207,440”; and


              Further amend said section, Line 7, by deleting the number “61,174,652” and inserting in lieu thereof the number “64,898,629”; and


               Further amend said bill, Page 24, Section 11.475, Line 19, by deleting the number “29,232,881” and inserting in lieu thereof the number “25,508,904”; and


              Further amend said section, Line 29, by deleting the number “131,693,421” and inserting in lieu thereof the number “127,969,444” and adjust bill totals accordingly.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HB 12, entitled:


            An act to appropriate money for the expenses, grants, refunds, and distributions of the Chief Executive’s Office and Mansion, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Missouri Prosecuting Attorneys and Circuit Attorneys Retirement Systems, and the Judiciary and the Office of the State Public Defender, and the several divisions and programs thereof, and for the payment of salaries and mileage of members of the State Senate and the House of Representatives and contingent expenses of the General Assembly, including salaries and expenses of elective and appointive officers and necessary capital improvements expenditures; for salaries and expenses of members and employees and other necessary operating expenses of the Missouri Commission on Interstate Cooperation, the Committee on Legislative Research, various joint committees, for the expenses of the interim committees established by the General Assembly, and to transfer money among certain funds, to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2005 and ending June 30, 2006.


            With Senate Amendment No. 1.


Senate Amendment No. 1


AMEND Senate Committee Substitute for House Bill No. 12, Page 2, Section 12.030, Line 3, by deleting said line and inserting in lieu thereof the following:


              “From General Revenue Funds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $438,069

              From Federal Funds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .226,713

              Total (Not to exceed 12.50 F.T.E.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $664,782”; and


              Amend bill totals accordingly.


            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 HB 13, entitled:


            An act to appropriate money for real property leases, related services, utilities, systems furniture, and structural modifications for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to appropriate money for capital improvements and the other expenses of the Office of Administration and the divisions and programs thereof, and to transfer money among certain funds for the period beginning July 1, 2005 and ending June 30, 2006.


            In which the concurrence of the House is respectfully requested.


HOUSE BILLS WITH SENATE AMENDMENTS


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


            Representative Lager moved that the House refuse to adopt SCS HB 1 and request the Senate to recede from its position or, failing to do so, grant the House a conference.


            Which motion was adopted.


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


            Representative Lager moved that the House refuse to adopt SCS HCS HB 2 and request the Senate to recede from its position or, failing to do so, grant the House a conference.


            Which motion was adopted.


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


            Representative Lager moved that the House refuse to adopt SCS HCS HB 3, 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.


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


            Representative Lager moved that the House refuse to adopt SCS HCS HB 4 and request the Senate to recede from its position or, failing to do so, grant the House a conference.


            Which motion was adopted.


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


            Representative Lager moved that the House refuse to adopt SCS HCS HB 5 and request the Senate to recede from its position or, failing to do so, grant the House a conference.


            Which motion was adopted.


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


            Representative Lager moved that the House refuse to adopt SCS HCS HB 6 and request the Senate to recede from its position or, failing to do so, grant the House a conference.


            Which motion was adopted.


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


            Representative Lager moved that the House refuse to adopt SCS HCS HB 7, 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.


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


            Representative Lager moved that the House refuse to adopt SCS HCS HB 8, 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.


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


            Representative Lager moved that the House refuse to adopt SCS HCS HB 9 and request the Senate to recede from its position or, failing to do so, grant the House a conference.


            Which motion was adopted.


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


            Representative Lager moved that the House refuse to adopt SCS HCS HB 10, 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.


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


            Representative Lager moved that the House refuse to adopt SCS HCS HB 11, 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.


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


            Representative Lager moved that the House refuse to adopt SCS HB 12, 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.




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


            Representative Lager moved that the House refuse to adopt SCS HB 13 and request the Senate to recede from its position or, failing to do so, grant the House a conference.


            Which motion was adopted.


RECESS


            On motion of Representative Dempsey, the House recessed until 11:00 p.m. or until such time as the House has received messages from the Senate.


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


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 SCR 15.


SENATE CONCURRENT RESOLUTION NO. 15


              WHEREAS, on April 12, 2005, the Missouri General Assembly truly agreed and finally passed Senate Substitute for Senate Bill No. 539 which modifies Missouri's current state Medicaid program; and


              WHEREAS, while the bill contains a provision establishing the "Medicaid Reform Commission" to study and review recommendations for reforms of the state Medicaid system, such commission cannot be formed until after the effective date of Senate Substitute for Senate Bill No. 539, or August 28, 2005; and


              WHEREAS, it is in the best interest of the citizens of the State of Missouri for the Medicaid Reform Commission to begin its important task as soon as possible:


              NOW, THEREFORE, BE IT RESOLVED that the members of the Senate of the Ninety-third General Assembly, First Regular Session, the House of Representatives concurring therein, hereby immediately establish the "Medicaid Reform Commission" which shall have the task of studying and reviewing recommendations for reforms of the state Medicaid system. The commission shall consist of the following ten members:


              (1) Five members of the House of Representatives appointed by the Speaker of the House of Representatives; and


              (2) Five members of the Senate appointed by the President Pro Tem of the Senate.


              No more than three members from each house shall be of the same political party. The directors of the departments of social services, health and senior services, and mental health, or the directors' designees shall serve as ex officio members of the commission; and


              BE IT FURTHER RESOLVED that the commission shall commence after the end of the First Regular Session of the Ninety-third General Assembly, and shall terminate on August 28, 2005. The work of the commission shall be furnished to the Medicaid Reform Commission formed under Section 208.014 as enacted by Senate Substitute for Senate Bill No. 539, Ninety-third General Assembly, First Regular Session, including, but not limited to, its clear and concise policy recommendations on reforming, redesigning, and restructuring a new, innovative state Medicaid healthcare delivery system under Title XIX, Public Law 89-97, 1965, amendments to the federal Social Security Act (42 U.S.C. Section 30 et seq.), as amended, to replace the current state Medicaid system under Title XIX, Public Law 89-97, 1965, amendments to the federal Social Security Act (42 U.S.C. Section 30 et seq.); and


              BE IT FURTHER RESOLVED that the members of the commission shall be reimbursed for the actual and necessary expenses incurred in the discharge of the member's official duties; and


              BE IT FURTHER RESOLVED that a chair of the commission shall be selected by the members of the commission and the commission shall meet as necessary; and

 

              BE IT FURTHER RESOLVED that the commission is authorized to contract with a consultant and the compensation of the consultant and other personnel shall be paid from the joint contingent fund or jointly from the Senate and House contingent funds until an appropriation is made therefor; and


              BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for the Directors of the Departments of Social Services, Health and Senior Services, and Mental Health.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SCS SBs 10 & 27 and has taken up and passed HCS SCS SBs 10 & 27.


            Emergency clause adopted.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SB 21, as amended, and has taken up and passed HCS SB 21, as amended.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SCS SB 24 and has taken up and passed HCS SCS SB 24.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SCS#2 SB 55, as amended, and requests the House recede from its position and failing to do so grant the Senate a conference thereon.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HB 1 and grants the House a conference thereon.

 

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Purgason, Dougherty and Green.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 2 and grants the House a conference thereon.

 

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Purgason, Dougherty and Green.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 3, as amended, and grants the House a conference thereon.

 

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Purgason, Dougherty and Green.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 4 and grants the House a conference thereon.

 

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Purgason, Dougherty and Green.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 5 and grants the House a conference thereon.

 

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Purgason, Dougherty and Green.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 6 and grants the House a conference thereon.

 

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Purgason, Dougherty and Green.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 7, as amended, and grants the House a conference thereon.

 

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Purgason, Dougherty and Green.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 8, as amended, and grants the House a conference thereon.

 

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Purgason, Dougherty and Green.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 9 and grants the House a conference thereon.

 

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Purgason, Dougherty and Green.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 10, as amended, and grants the House a conference thereon.

 

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Purgason, Dougherty and Green.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 11, as amended, and grants the House a conference thereon.

 

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Purgason, Dougherty and Green.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HB 12, as amended, and grants the House a conference thereon.

 

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Purgason, Dougherty and Green.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HB 13 and grants the House a conference thereon.

 

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Purgason, Dougherty and Green.


APPOINTMENT OF CONFERENCE COMMITTEES


            The Speaker appointed the following Conference Committees to act with like committees from the Senate on the following bills:


SCS HB 1: Representatives Lager, Icet, Stefanick, LeVota and Robinson

SCS HCS HB 2: Representatives Lager, Icet, Stefanick, LeVota and Schoemehl

SCS HCS HB 3: Representatives Lager, Icet, Stefanick, Fraser and Baker (25)

SCS HCS HB 4: Representatives Lager, Icet, Stefanick, Shoemyer and Wright-Jones

SCS HCS HB 5: Representatives Lager, Icet, Stefanick, Liese and Shoemyer

SCS HCS HB 6: Representatives Lager, Icet, Stefanick, Henke and Witte

SCS HCS HB 7: Representatives Lager, Icet, Stefanick, Spreng and Boykins

SCS HCS HB 8: Representatives Lager, Icet, Stefanick, Wildberger and Roorda

SCS HCS HB 9: Representatives Lager, Icet, Stefanick, Brown (50) and Wildberger

SCS HCS HB 10: Representatives Lager, Icet, Stefanick, Donnelly and Johnson (61)

SCS HCS HB 11: Representatives Lager, Icet, Stefanick, Donnelly and El-Amin

SCS HB 12: Representatives Lager, Icet, Stefanick, LeVota and Storch

SCS HB 13: Representatives Lager, Icet, Stefanick, LeVota and Storch




REFERRAL OF HOUSE BILL


            The following House Bill was referred to the Committee indicated:


HCS HB 697 - Fiscal Review (Fiscal Note)


REFERRAL OF SENATE BILL


            The following Senate Bill was referred to the Committee indicated:


SS SB 402 - Judiciary


COMMITTEE REPORTS


            Committee on Budget, Chairman Lager reporting:


            Mr. Speaker: Your Committee on Budget, to which was referred HB 15, 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 Budget, to which was referred HB 19, 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 Health Care Policy, Chairman Cooper (155) reporting:


            Mr. Speaker: Your Committee on Health Care Policy, to which was referred SS SCS SBs 74 & 49, 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 SB 232, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment No. 1, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


House Committee Amendment No. 1


AMEND Senate Bill No. 232, Section 537.528, Page 2, Line 2, by striking all of said line and inserting in lieu thereof the following:


              “2. Conduct or speech undertaken”; and


              Further amend said bill, Section 537.528, Page 2, Lines 18-19, by striking all of said lines and inserting in lieu thereof the following:


              “or any political subdivision of the state [is] shall possess a qualified privilege against liability for slander or libel where such conduct, speech,”; and


              Further amend said bill, Section 537.528, Page 2, Line 21, by inserting after the word “seeking” on said line the following:


              injunctive relief or”; and


              Further amend said bill, Section 537.528, Page 2, Line 33, by deleting the phrase “has produced clear and convincing evidence”, and inserting in lieu thereof the following:


              shows by a preponderance of the evidence”; and


              Further amend said bill, Section 537.528, Page 2, Line 34, by deleting the word “immunized” on said line and inserting in lieu thereof the word “privileged”; and


              Further amend said bill, Section 537.528, Page 4, Line 91, by deleting the word “privileged” on said line and inserting in lieu thereof the word “privileged”; and


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


            Mr. Speaker: Your Committee on Judiciary, to which was referred SCS SBs 420 & 344, 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 Professional Registration and Licensing, Chairman Behnen reporting:


            Mr. Speaker: Your Committee on Professional Registration and Licensing, to which was referred SCS SB 28, 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.


            Special Committee on General Laws, Chairman Roark reporting:


            Mr. Speaker: Your Special Committee on General Laws, to which was referred SCS SB 500, 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.


            The following member's presence was noted: Marsh.


CORRECTIONS TO THE HOUSE JOURNAL


AFFIDAVITS


I, State Representative Al Liese, District 79, hereby state and affirm that my vote as recorded on Page 1240 of the House Journal for Tuesday, April 26, 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 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 27th day of April 2005.


                                                                                                    /s/ Al Liese

                                                                                                         State Representative



State of Missouri               )

                                           ) ss.

County of Cole                  )


Subscribed and sworn to before me this 27th day of April in the year 2005.


                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

___________


I, State Representative Sue Schoemehl, District 100, hereby state and affirm that my vote as recorded on Page 1270 of the House Journal for Tuesday, April 26, 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 27th day of April 2005.


                                                                                                    /s/ Sue Schoemehl

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )


Subscribed and sworn to before me this 27th day of April in the year 2005.


                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk


COMMITTEE MEETINGS


CONFERENCE COMMITTEE NOTICE

Thursday, April 28, 2005, Senate Lounge upon afternoon adjournment.

Public hearings to be held on: SCS HB 1, SCS HCS HB 2,

SCS HCS HB 3, SCS HCS HB 4, SCS HCS HB 5,

SCS HCS HB 6, SCS HCS HB 7, SCS HCS HB 8,

SCS HCS HB 9, SCS HCS HB 10, SCS HCS HB 11,

SCS HB 12, SCS HB 13


CRIME PREVENTION AND PUBLIC SAFETY

Thursday, April 28, 2005, 9:30 a.m. Hearing Room 5.

Executive session may follow.

Public hearing to be held on: SB 194


FISCAL REVIEW

Thursday, April 28, 2005, 9:00 a.m. Hearing Room 4.

Executive session.

Any bills or matters referred to the Fiscal Review Committee. CANCELLED


JUDICIARY

Thursday, April 28, 2005, House Chamber side gallery upon morning adjournment.

Executive session will be held fifteen minutes after adjournment.


LOCAL GOVERNMENT

Monday, May 2, 2005, Hearing Room 6 upon afternoon adjournment.

Executive session will be held on: SCS SB 468, SCS SB 57


RULES

Thursday, April 28, 2005, Hearing Room 6 upon afternoon adjournment.

Executive session may follow. AMENDED

Public hearings to be held on: HCS HB 842 & 831, HCS HB 18,

HCS SCS SBs 221, 250 & 256, HCS SS SB 343,

HCS SCS SBs 420 & 344, SB 232


SPECIAL COMMITTEE ON EDUCATION FUNDING

Thursday, April 28, 2005, 8:00 a.m. Hearing Room 1.

Executive session may follow. AMENDED

Public hearing to be held on: SS SCS SB 287


SPECIAL COMMITTEE ON EDUCATION FUNDING

Thursday, April 28, 2005, Hearing Room 1 upon morning adjournment.

Hearing will be thirty minutes after adjournment if needed.

Executive session may follow.

Public hearing to be held on: SS SCS SB 287


SPECIAL COMMITTEE ON GENERAL LAWS

Monday, May 2, 2005, Hearing Room 5 upon afternoon adjournment.

Executive session may follow. AMENDED

Public hearings to be held on: HB 911, SCS SCR 6, SCS SCR 8


TRANSPORTATION

Monday, May 2, 2005, Hearing Room 7 upon afternoon adjournment.

Executive session.


WAYS AND MEANS

Thursday, April 28, 2005, 8:30 a.m. Hearing Room 3.

Possible Executive session.

Public hearing to be held on: SCS SB 196


HOUSE CALENDAR


SIXTY-FIFTH DAY, THURSDAY, APRIL 28, 2005


HOUSE BILLS FOR PERFECTION


1          HCS HB 628 - Byrd

2          HCS HB 255 - Cunningham (86)

3          HCS HB 387 - Byrd

4          HB 572 - Stevenson

5          HCS HB 853 - Loehner

6          HB 291, as amended - Cooper (155)

7          HCS HB 272 - Pratt

8          HB 721 - Flook

9          HCS HB 671 - Sutherland

10        HCS HB 804 - Smith (118)

11        HB 679 - Kraus

12        HCS HB 192 - Sander

13        HCS HB 742 - Bearden

14        HCS HB 854 - Richard

15        HCS HB 924 - Wallace

16        HCS HB 972 - Jetton

17        HCS HB 231 - Portwood

18        HCS#2 HB 586 - Sander

19        HCS HB 591, 210, 377, 760 & 777, HA 1 to HA 1, and HA 1, pending - Schlottach

20        HB 784 - Meadows

21        HB 633 - Lipke

 

HOUSE BILLS FOR PERFECTION - INFORMAL


1          HCS HB 639, as amended - Hoskins

2          HB 376 - Guest

3          HCS HB 519, as amended - Roark               (3 hours debate on Perfection)


HOUSE BILLS FOR THIRD READING


1          HB 375 - Nance

2          HCS HB 532, (Fiscal Review 4-19-05) - Spreng

3          HCS HB 400 - Yates

4          HCS HB 649 - Fares

5          HCS HB 91 - Johnson (47)

6          HCS HB 665 - Behnen

7          HCS HB 697, (Fiscal Review 4-27-05) - Lembke

8          HCS HB 474 - Yates

9          HCS HB 560 - Wright (137)

10        HB 952, E.C. - Icet

11        HB 880 - Hughes

12        HB 789 - Salva


HOUSE BILL FOR THIRD READING - FEDERAL MANDATE


HCS HB 500 & 533 - Faith


HOUSE BILL FOR THIRD READING - CONSENT


HCS HB 508, E.C. - Pratt




SENATE CONCURRENT RESOLUTION


SCR 2, (3-02-05, Pages 470-471) - Sander


SENATE BILLS FOR THIRD READING - CONSENT


1          SB 178 - Schaaf

2          SB 211 - Cooper (120)

3          SCS SB 222 - Sutherland

4          HCS SCS SB 246 - Villa

5          SB 259 - Baker (123)

6          SB 261 - Yates

7          SCS SB 266 - Fares

8          SCS SB 267 - Jackson

9          SB 279 - Wasson

10        SCS SB 289 - Tilley

11        SB 298 - Wright-Jones

12        SB 299 - Wright-Jones

13        SCS SB 302 - Cunningham (86)

14        SB 306 - Dethrow

15        HCS SB 307 - Kuessner

16        SB 318 - Cooper (120)

17        SB 347 - Cooper (155)

18        SB 394 - Pearce

19        SCS SB 407 - Lipke

20        SB 453 - St. Onge

21        SB 480 - Kraus

22        HCS SB 490 - Pearce

23        SCS SB 501 - Stefanick

24        SB 507 - Baker (25)

25        SB 516 - Richard

26        SB 518 - Cooper (155)

27        SCS SB 6 - Lager

28        HCS SB 38 - Ruestman

29        SB 122 - Wright (137)

30        SB 162 - Cooper (155)

31        HCS SB 174, E.C. - Bruns

32        HCS SB 177 - Behnen

33        HCS SCS SB 182 - Rector

34        SB 209 - Pearce

35        HCS SB 216 - Goodman

36        SCS SB 227 - Kuessner

37        HCS SCS SB 238 - Faith

38        SCS SB 247 - Bruns

39        SB 265 - Wood

40        SB 288 - Lager

41        SB 304 - Ervin

42        HCS SB 308 - Pollock

43        SB 317 - Smith (118)

44        SCS SB 354 - Schlottach

45        SB 357 - Johnson (47)

46        HCS SB 364, E.C. - Franz

47        HCS SCS SB 372 - Kuessner

48        SCS SB 374 - Zweifel

49        SB 396 - Sutherland

50        HCS SB 401 - Lembke

51        SB 418 - Lipke

52        HCS SB 422 - Yates

53        HCS SCS SB 423 - Lipke

54        HCS SCS SB 450, E.C. - Portwood

55        SCS SB 496 - Kelly

56        SCS SB 502, E.C. - Portwood

57        SB 521, HCA1 - Cooper (158)


SENATE BILLS FOR THIRD READING


1          HCS SCS SB 70 - Richard

2          SB 367 - Deeken

3          SCS SB 390 - Pratt

4          SB 488, HCA 1 - Robinson

5          SCS SB 170, E.C. - Byrd

6          SB 280 - Wasson

7          SB 286 - Kingery

8          SB 479 - May

9          SB 526 - Cunningham (145)

10        SB 180 - Cooper (158)

11        HCS SCS SB 260 - Baker (123)

12        SB 268 - Byrd

13        SB 274 - Richard

14        SS SCS SB 346 - Ruestman

15        HCS SS SCS SB 210 - Johnson (47)


HOUSE BILLS WITH SENATE AMENDMENTS


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

2          SCS HB 678, as amended - Byrd

3          SCS HB 707 - Cunningham (145)


BILL CARRYING REQUEST MESSAGES


HCS SCS#2 SB 155, as amended (request House recede/grant conference) - Kingery




BILLS IN CONFERENCE


1          SCS HB 1 - Lager

2          SCS HCS HB 2 - Lager

3          SCS HCS HB 3, as amended - Lager

4          SCS HCS HB 4 - Lager

5          SCS HCS HB 5 - Lager

6          SCS HCS HB 6 - Lager

7          SCS HCS HB 7, as amended - Lager

8          SCS HCS HB 8, as amended - Lager

9          SCS HCS HB 9 - Lager

10        SCS HCS HB 10, as amended - Lager

11        SCS HCS HB 11, as amended - Lager

12        SCS HB 12, as amended - Lager

13        SCS HB 13 - Lager


HOUSE CONCURRENT RESOLUTION


HCS HCR 25, (3-10-05, Pages 588-589) - Schlottach


HOUSE BILL TAKEN FROM COMMITTEE PER CONSTITUTION


HCR 14, (4-26-05, Pages 1277-1278) - Zweifel