First Regular Session, 93rd General Assembly
SEVENTIETH DAY, Friday, May 6, 2005
The House met pursuant to adjournment.
Speaker Jetton in the Chair.
Prayer by Chris Dunn, Legislative Assistant to Representative Marilyn Ruestman.
Heavenly Father,
Thank You for this day, You have certainly made it beautiful.
Thank You for Your grace, love and provision that sustains us and those we care for.
Lord, You inspired David, who needed Your protection long ago, to write,
“For in the day of trouble
He will keep me safe in His dwelling;
He will hide me in the shelter of His tabernacle
and set me high upon a rock.”
Today we pray as David did, that You will protect us and set us high upon a rock.
David continued to write in that same Psalm:
“I am still confident of this:
I will see the goodness of the LORD
in the land of the living.”
Lord, as we take care of the affairs of our state today, help us see Your goodness and then pass it on to others. Help us to do what is right and not what is popular. We submit ourselves to You today. Help us have wisdom that comes from Heaven, and help us to be a blessing to our families, our coworkers and our constituencies today.
In Your great name we ask. Amen.
The Pledge of Allegiance to the flag was recited.
The Speaker appointed the following to act as an Honorary Page for the Day, to serve without compensation: Nicholas Drapp.
HOUSE COURTESY RESOLUTION OFFERED AND ISSUED
House Resolution No. 2973 - Representative Witte
The following members’ presence was noted: Bowman, Brown (50), Byrd, Casey, Chappelle-Nadal, Cooper (120), Day, Denison, Dixon, Franz, Harris (110), Hughes, Johnson (47), Johnson (61), Jones, Lampe, LeVota, Lowe (44), Meadows, Nieves, Pollock, Pratt, Quinn, Roorda, Rucker, Salva, Sanders Brooks, Schneider, Selby, Shoemyer, Sutherland, Swinger, Viebrock, Walsh, Wells, Whorton and Witte.
ADJOURNMENT
On motion of Representative Ruestman, the House adjourned until 2:00 p.m., Monday, May 9, 2005.
CORRECTION TO THE HOUSE JOURNAL
Correct House Journal, Sixty-ninth Day, Thursday, May 5, 2005, Page 1561, Line 18, by inserting immediately after said line the following:
Mr. Speaker: Your Special Committee on General Laws, to which was referred HR 1176, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
HOUSE RESOLUTION NO. 1176
WHEREAS, Amendment I of the United States Constitution, which provides in part that "Congress shall make no law respecting an establishment of religion...", is a specific and unequivocal instruction to only the United States Congress; and
WHEREAS, the United States Constitution makes no restriction on the ability of states to acknowledge God, the Supreme Ruler of the Universe; and
WHEREAS, Amendment X of the United States Constitution, which provides that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people", reserved the right of the acknowledgment of God to the states and the people; and
WHEREAS, the Preamble to the Missouri Constitution, which provides that "We the people of Missouri, with profound reverence for the Supreme Ruler of the Universe, and grateful for His goodness, do establish this constitution for the better government of the state", is within the boundaries of rights reserved to the states by the United States Constitution; and
WHEREAS, the federal judiciary has overstepped its constitutional boundaries and ruled against the acknowledgment of God as the sovereign source of law, liberty, and government by local and state officers and other state institutions, including state schools; and
WHEREAS, the federal judiciary has created confusion between Amendment I and Amendment X of the United States Constitution, and has consistently misapplied Amendment XIV, usurping the rights of the states and the people; and
WHEREAS, Article VI of the United States Constitution requires that each member of the United States Congress and each member of the several state legislatures be bound by oath or affirmation to "support this constitution"; and
WHEREAS, among the seminal principles of our constitutional republic is the premise that each branch of government will be a "check" upon the others; and
WHEREAS, the United States Congress is charged with the solemn responsibility to cause the federal judiciary to refrain from interfering with the acknowledgment of God by any local, state, or federal official by any constitutional means at its' disposal, including limiting the jurisdiction of the federal courts in such matters; and
WHEREAS, Article III, Section 2 of the United States Constitution provides in part that "the...court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make"; and
WHEREAS, there is pending before the 109th Congress the Constitution Restoration Act of 2005, H.R. 1070 and S. 520, which will limit the jurisdiction of the federal courts and preserve the right to acknowledge God, exercised by the State of Missouri in its Preamble to the Missouri Constitution, to the states and to the people and resolve the issue of improper judicial intervention in matters relating to the acknowledgment of God:
NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, the Ninety-third General Assembly, hereby urge the United States Congress to adopt forthwith the Constitution Restoration Act of 2005, H. R. 1070 and S. 520; and
BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for the Speaker of the United States House of Representatives, the President of the United States Senate, the Chairs of the Judiciary Committees of the United States Senate and House of Representatives, and each member of the Missouri Congressional Delegation.
COMMITTEE MEETINGS
CHILDREN AND FAMILIES
Monday, May 9, 2005, 12:00 p.m. Hearing Room 1.
Executive session may follow. AMENDED
Public hearing to be held on: SS SCS SB 2
CONFERENCE COMMITTEE NOTICE
Monday, May 9, 2005, 10:00 a.m. Senate Lounge.
Public hearing to be held on: HCS SS SCS SB 210
CRIME PREVENTION AND PUBLIC SAFETY
Monday, May 9, 2005, Hearing Room 6 upon afternoon adjournment.
Executive session.
FISCAL REVIEW
Monday, May 9, 2005, 1:00 p.m. Hearing Room 4.
Any bills or matters referred to the Fiscal Review Committee. Executive session may follow.
Public hearings to be held on: HCS SS SCS SB 144, HCS SS SCS SB 287
FISCAL REVIEW
Tuesday, May 10, 2005, 9:00 a.m. Hearing Room 4.
Any bills or matters referred to the Fiscal Review Committee.
Executive session.
FISCAL REVIEW
Wednesday, May 11, 2005, 9:00 a.m. Hearing Room 4.
Any bills or matters referred to the Fiscal Review Committee.
Executive session.
FISCAL REVIEW
Thursday, May 12, 2005, 9:00 a.m. Hearing Room 4.
Any bills or matters referred to the Fiscal Review Committee.
Executive session.
FISCAL REVIEW
Friday, May 13, 2005, 9:00 a.m. Hearing Room 4.
Any bills or matters referred to the Fiscal Review Committee.
Executive session.
RULES
Monday, May 9, 2005, 11:00 a.m. Hearing Room 4.
Executive session may follow.
Public hearings to be held on: HR 1176, HCS#2 SS SB 362,
SCR 15, HCS SS SB 402, SCS SCR 8, SCS SCR 6,
HCS SCS SB 196, SCR 13, SB 534
VETERANS
Monday, May 9, 2005, Hearing Room 5 upon afternoon adjournment.
Executive session will follow.
Public hearing to be held on: SJR 19
HOUSE CALENDAR
SEVENTY-FIRST DAY, MONDAY, MAY 9, 2005
HOUSE JOINT RESOLUTION FOR PERFECTION
HCS HJR 12 - Bearden
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 742 - Bearden
13 HCS HB 854 - Richard
14 HCS HB 924 - Wallace
15 HCS HB 231 - Portwood
16 HCS#2 HB 586 - Sander
17 HCS HB 591, 210, 377, 760 & 777, HA 1 to HA 1, and HA 1, pending - Schlottach
18 HB 784 - Meadows
19 HB 633 - Lipke
20 HCS HB 430 - Shoemyer
21 HCS HB 490 - Daus
22 HCS HB 491, Part I, Part II, Part III, pending - McGhee
23 HCS HB 549 - Fraser
24 HCS HB 552 - Ervin
25 HCS HB 660 - Schlottach
26 HCS HB 842 & 831 - Brooks
27 HB 875 - Moore
28 HCS#2 HB 131 - Schaaf
29 HB 925 - Salva
30 HCS HB 948 - Cooper (158)
HOUSE BILL FOR PERFECTION - INFORMAL
HCS HB 639, as amended - Hoskins
HOUSE BILLS FOR THIRD READING
1 HB 375 - Nance
2 HCS HB 532 - Spreng
3 HB 952, E.C. - Icet
4 HCS HB 859 - Jetton
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 SCS SB 222 - Sutherland
2 SB 480, HPA 1, pending - Kraus
3 SB 518 - Cooper (155)
4 SCS SB 6 - Lager
5 HCS SB 38 - Ruestman
6 SB 122 - Wright (137)
7 SB 162 - Cooper (155)
8 HCS SB 174, E.C. - Bruns
9 HCS SB 177 - Behnen
10 HCS SCS SB 182 - Rector
11 SB 209 - Pearce
12 HCS SB 216 - Goodman
13 SCS SB 227 - Kuessner
14 HCS SCS SB 238 - Faith
15 SCS SB 247 - Bruns
16 SB 265 - Wood
17 SB 288 - Lager
18 SB 304 - Ervin
19 HCS SB 308 - Pollock
20 SB 317 - Smith (118)
21 SCS SB 354 - Schlottach
22 SB 357 - Johnson (47)
23 HCS SB 364, E.C. - Franz
24 HCS SCS SB 372 - Kuessner
25 SCS SB 374 - Zweifel
26 SB 396 - Sutherland
27 HCS SB 401 - Lembke
28 SB 418 - Lipke
29 HCS SB 422 - Yates
30 HCS SCS SB 423 - Lipke
31 HCS SCS SB 450, E.C. - Portwood
32 SCS SB 496 - Kelly
33 SCS SB 502, E.C. - Portwood
34 SB 521, as amended - Cooper (158)
SENATE BILLS FOR THIRD READING
1 HCS SCS SB 70 - Richard
2 SB 488, HCA 1, pending - Robinson
3 SB 280 - Wasson
4 SB 286 - Kingery
5 SB 479 - May
6 SB 526 - Cunningham (145)
7 SB 180 - Cooper (158)
8 HCS SCS SB 260 - Baker (123)
9 SB 268 - Byrd
10 SB 274 - Richard
11 SS SCS SB 346 - Ruestman
12 HCS SS SB 95 - Hubbard
13 HCS SB 99 - Wood
14 SB 141 - Richard
15 HCS SS SCS SB 168 - Pratt
16 HCS SB 173 - Hobbs
17 HCS SB 187 - Guest
18 HCS SB 192 - Robinson
19 HCS SCS SBs 221, 250 & 256 - St. Onge
20 SB 232, HCA 1 - Bivins
21 SCS SB 310 - Dixon
22 HCS SCS SB 319 - Roark
23 HCS SS SB 343 - Richard
24 SB 361 - Nance
25 SB 380 - Cunningham (86)
26 HCS SCS SBs 420 & 344 - Byrd (2 hours debate on Third Reading)
27 SB 431, E.C. - Sutherland
28 SCS SBs 23 & 51 - Lipke
29 HCS SS SCS SBs 74 & 49, E.C. - Cooper (155)
30 HCS SCS SB 161 - Chinn
31 HCS SS#2 SCS SB 225, E.C. - Hobbs
32 SB 254 - Tilley
33 HCS SCS SB 262 - Johnson (47)
34 HCS SCS SB 272 - Dempsey
35 HCS SCS SB 355, E.C. - Loehner
36 SB 358 - Richard
37 HCS SS SCS SB 462, E.C. - Schad
38 HCS SCS SB 500 - Lager
39 HCS SCS SB 57 - Wilson (130)
40 HCS SB 194 - Kraus
41 HCS SCS SB 233 - Nance
42 HCS SCS SB 468 - Icet
43 HCS#2 SB 123 - Byrd
44 HCS SS SCS SB 144, (Fiscal Review 5-05-05) - Byrd
45 HCS#2 SB 165 - Byrd
46 HCS SS SCS SB 287, (Fiscal Review 5-05-05) - Baker (123)
47 SB 257 - Baker (123)
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)
4 SCS HCS HB 515 - Wood
5 SCS HB 638 - Cunningham (86)
6 SCS HB 685, E.C. - Franz
7 SCS HB 361 & HB 684 - Lipke
8 SCS HB 688 - Byrd
9 HCS HB 630, SPA 1 - Pollock
10 SCS HCS HB 362 - Lipke
11 SCS HB 456 - Kuessner
12 SCS HB 450 - Meiners
13 SCS HB 53 - Swinger
14 SCS HB 423 - Kuessner
15 SS SCS HCS HB 441, E.C. - Lipke
16 SCS HB 528 - Cunningham (145)
17 SCS HB 618 - Bearden
18 SCS HCS HB 297 - Pearce
19 SCS HCS HB 443 - Sander
20 SCS HCS#2 HB 232 - Portwood
21 SCS HB 229 - Portwood
22 HCS HB 525, SSA 1 for SA 1, SA 3 & SA 6 - May
23 HCS HB 576, SCA 1 - Flook
24 SS SCS HB 487, as amended, E.C. - Bruns
BILL CARRYING REQUEST MESSAGE
SS SCS HCS HB 58, as amended (request Senate recede/grant conference), E.C. - Johnson (47)
BILLS IN CONFERENCE
1 HCS SS SCS SB 210, as amended - Johnson (47)
2 HCS SCS#2 SB 155, as amended - Kingery
HOUSE CONCURRENT RESOLUTIONS
1 HCS HCR 25, (3-10-05, Pages 588-589) - Schlottach
2 HCR 22, (4-20-05, Page 1171) - Bivins
3 HCR 33, (4-20-05, Pages 1171-1172) - Jetton
HOUSE BILLS TAKEN FROM COMMITTEE PER CONSTITUTION
1 HCR 14, (4-26-05, Pages 1277-1278) - Zweifel
2 HJR 23 - Emery
3 HB 846 - Page