First Extraordinary Session, 93rd General Assembly
SIXTH DAY, Tuesday, September 13, 2005
The House met pursuant to adjournment.
Speaker Jetton in the Chair.
Prayer by Reverend James Earl Jackson.
Heavenly Father, as we call upon You in this day of trouble, You rescue us and we honor You. You are a shelter for the oppressed, a safe haven in times of disaster. Those who know Your name trust in You, for You, O Lord, have never abandoned anyone who seeks You.
Though our hearts sorrow and we are surely distracted by the constant images of pain and suffering from the Gulf Coast region, we press forward with unwavering resolve to serve the best interests, of the people, of this great state of Missouri.
Lord God, may we continue, with uncanny wisdom, to make appropriate decisions with forethought, insight, and keen foresight.
Bless with safety all those who answered the call to serve in the Gulf Coast region; from the servers on the food lines to the police and armed forces who patrol the streets.
So we give thanks to You, merciful Father, the God [Who is the Source] of every comfort, who comforts and encourages us in every calamity and affliction, so that we may, likewise, be able to comfort and encourage those who are in any kind of trouble or distress.
We pray this in the majestic name of Your Son. Amen.
The Pledge of Allegiance to the flag was recited.
The Journals of the first, third and fourth days were approved as printed.
The Journals of the second and fifth days were approved as corrected.
SPECIAL RECOGNITION
The House of Representatives took part in the U.S. Department of Defense Virtual USO broadcast to troops all over the world, including Iraq and Afghanistan, and were recognized by Representatives Jackson, Wright (137) and members of the Missouri House of Representatives, and applauded for their outstanding bravery.
PERFECTION OF HOUSE BILLS
HCS HB 2, relating to crime, was taken up by Representative Lipke.
Representative Stevenson offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for House Bill No. 2, Section 210.117, Page 6, Line 19, by striking the phrase: “a court of competent jurisdiction determines, or” on said line; and
Further amend said bill, Section 210.117, Page 6, Lines 20 and 21, by deleting the phrase “that is upheld by the child abuse and neglect review board,” on said line; and
Further amend said bill, Section 210.038, Page 7, Line 19, by deleting the word “minor” in the first instance and inserting in lieu thereof the word “child”; and
Further amend said bill, said section, said page, said line, by deleting the word “minor” in the second instance and in lieu thereof the words “abusing child”; and
Further amend said bill, Section 211.181, Page 9, Line 85, by deleting the word “victim” in every instance and inserting in lieu thereof the words “abused child”; and
Further amend said bill, said section, said page, Line 87, by deleting the word “victim” and inserting in lieu thereof the word “abused”; and
Further amend said bill, said section, Page 10, Line 88, by deleting the word “victim” and inserting in lieu thereof the words “abused child”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
On motion of Representative Stevenson, House Amendment No. 1 was adopted.
On motion of Representative Lipke, HCS HB 2, as amended, was adopted.
On motion of Representative Lipke, HCS HB 2, as amended, was ordered perfected and printed by the following vote:
AYES: 146 |
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Aull |
Baker 25 |
Baker 123 |
Bean |
Bearden |
Behnen |
Bivins |
Black |
Bringer |
Brown 50 |
Bruns |
Burnett |
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 |
Hubbard |
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 |
Meiners |
Moore |
Munzlinger |
Muschany |
Myers |
Nance |
Nieves |
Nolte |
Oxford |
Parker |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Robinson |
Roorda |
Rucker |
Ruestman |
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 |
Wallace |
Walsh |
Wasson |
Wells |
Weter |
Whorton |
Wildberger |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright 137 |
Wright 159 |
Wright-Jones |
Yaeger |
Yates |
Young |
Zweifel |
Mr Speaker |
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NOES: 002 |
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Hoskins |
Hughes |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 013 |
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Avery |
Bland |
Bowman |
Boykins |
Brooks |
Brown 30 |
Marsh |
Meadows |
Page |
Rupp |
Salva |
Wagner |
Walton |
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VACANCIES: 002 |
HCS HB 3, relating to personal information on the Internet, was taken up by Representative Pratt.
Representative Pratt offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for House Bill No. 3, Section 1, Page 2, Line 9, by placing brackets around the word “subsection” on said line and inserting immediately thereafter the word “section”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
On motion of Representative Pratt, House Amendment No. 1 was adopted.
On motion of Representative Pratt, HCS HB 3, as amended, was adopted.
On motion of Representative Pratt, HCS HB 3, as amended, was ordered perfected and printed.
RECESS
On motion of Representative Dempsey, the House recessed until 11:00 a.m.
The hour of recess having expired, the House was called to order by Speaker Jetton.
COMMITTEE REPORTS
Committee on Rules, Chairman Cooper (120) reporting:
Mr. Speaker: Your Committee on Rules, to which was referred SB 1, begs leave to report it has examined the same and recommends that it Do Pass, with no time limit for debate.
Mr. Speaker: Your Committee on Rules, to which was referred SB 4, with House Committee Amendment No. 1, begs leave to report it has examined the same and recommends that it Do Pass, with no time limit for debate.
SUPPLEMENTAL CALENDAR
SEPTEMBER 13, 2005
HOUSE BILLS FOR THIRD READING
1 HCS HB 2, E.C. - Lipke
2 HCS HB 3, E.C. - Pratt
SENATE BILLS FOR THIRD READING
1 SB 1, E.C. - Cunningham (86)
2 SB 4, HCA 1, E.C. - Hunter
THIRD READING OF HOUSE BILLS
HCS HB 3, relating to personal information on the Internet, was taken up by Representative Pratt.
On motion of Representative Pratt, HCS HB 3 was read the third time and passed by the following vote:
AYES: 144 |
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Aull |
Baker 25 |
Baker 123 |
Bean |
Bearden |
Behnen |
Bivins |
Black |
Bringer |
Brown 50 |
Bruns |
Burnett |
Casey |
Chinn |
Chappelle-Nadal |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Corcoran |
Cunningham 145 |
Cunningham 86 |
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 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 |
Parker |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Robinson |
Roorda |
Rucker |
Ruestman |
Rupp |
Sander |
Sater |
Schaaf |
Schad |
Schlottach |
Schneider |
Schoemehl |
Selby |
Self |
Shoemyer |
Silvey |
Skaggs |
Smith 14 |
Spreng |
Stefanick |
Stevenson |
St. Onge |
Storch |
Sutherland |
Swinger |
Threlkeld |
Tilley |
Viebrock |
Villa |
Vogt |
Wallace |
Wasson |
Wells |
Weter |
Wildberger |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright 159 |
Wright-Jones |
Yaeger |
Yates |
Young |
Zweifel |
Mr Speaker |
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NOES: 001 |
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Whorton |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 016 |
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Avery |
Bland |
Bowman |
Boykins |
Brooks |
Brown 30 |
Curls |
Johnson 61 |
Marsh |
Page |
Salva |
Smith 118 |
Wagner |
Walsh |
Walton |
Wright 137 |
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VACANCIES: 002 |
Speaker Jetton declared the bill passed.
The emergency clause was adopted by the following vote:
AYES: 144 |
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Aull |
Baker 25 |
Baker 123 |
Bean |
Bearden |
Behnen |
Bivins |
Black |
Bringer |
Brown 50 |
Bruns |
Burnett |
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 |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Franz |
Fraser |
George |
Goodman |
Guest |
Harris 23 |
Harris 110 |
Haywood |
Henke |
Hobbs |
Hoskins |
Hubbard |
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 |
Parker |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Robinson |
Roorda |
Rucker |
Ruestman |
Rupp |
Sander |
Sater |
Schaaf |
Schad |
Schlottach |
Schneider |
Schoemehl |
Selby |
Self |
Shoemyer |
Silvey |
Skaggs |
Smith 14 |
Spreng |
Stefanick |
Stevenson |
St. Onge |
Storch |
Sutherland |
Swinger |
Threlkeld |
Tilley |
Viebrock |
Villa |
Vogt |
Wallace |
Walton |
Wasson |
Wells |
Weter |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright 137 |
Wright 159 |
Yaeger |
Yates |
Young |
Zweifel |
Mr Speaker |
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NOES: 004 |
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Hughes |
Whorton |
Wildberger |
Wright-Jones |
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PRESENT: 001 |
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El-Amin |
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ABSENT WITH LEAVE: 012 |
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Avery |
Bland |
Bowman |
Boykins |
Brooks |
Brown 30 |
Marsh |
Page |
Salva |
Smith 118 |
Wagner |
Walsh |
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VACANCIES: 002 |
HCS HB 2, relating to crime, was taken up by Representative Lipke.
On motion of Representative Lipke, HCS HB 2 was read the third time and passed by the following vote:
AYES: 148 |
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Aull |
Baker 25 |
Baker 123 |
Bean |
Bearden |
Behnen |
Bivins |
Black |
Bringer |
Brown 50 |
Bruns |
Burnett |
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 |
Hubbard |
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 |
Parker |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Robinson |
Roorda |
Rucker |
Ruestman |
Rupp |
Sander |
Sater |
Schaaf |
Schad |
Schlottach |
Schneider |
Schoemehl |
Selby |
Self |
Shoemyer |
Silvey |
Skaggs |
Smith 14 |
Spreng |
Stefanick |
Stevenson |
St. Onge |
Storch |
Sutherland |
Swinger |
Threlkeld |
Tilley |
Viebrock |
Villa |
Vogt |
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 |
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NOES: 002 |
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Hoskins |
Hughes |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 011 |
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Avery |
Bland |
Bowman |
Boykins |
Brooks |
Brown 30 |
Marsh |
Page |
Salva |
Smith 118 |
Wagner |
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VACANCIES: 002 |
Speaker Jetton declared the bill passed.
The emergency clause was adopted by the following vote:
AYES: 143 |
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Aull |
Baker 25 |
Baker 123 |
Bean |
Bearden |
Behnen |
Bivins |
Black |
Bringer |
Brown 50 |
Bruns |
Burnett |
Casey |
Chinn |
Chappelle-Nadal |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Corcoran |
Cunningham 145 |
Cunningham 86 |
Darrough |
Daus |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Donnelly |
Dougherty |
Dusenberg |
El-Amin |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Franz |
Fraser |
Goodman |
Guest |
Harris 23 |
Harris 110 |
Henke |
Hobbs |
Hubbard |
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 |
Parker |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Robinson |
Roorda |
Rucker |
Ruestman |
Rupp |
Sander |
Sater |
Schaaf |
Schad |
Schlottach |
Schneider |
Schoemehl |
Selby |
Self |
Shoemyer |
Silvey |
Skaggs |
Smith 14 |
Spreng |
Stefanick |
Stevenson |
St. Onge |
Storch |
Sutherland |
Swinger |
Threlkeld |
Tilley |
Viebrock |
Villa |
Vogt |
Wallace |
Walsh |
Walton |
Wasson |
Wells |
Weter |
Whorton |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright 159 |
Wright-Jones |
Yaeger |
Yates |
Young |
Zweifel |
Mr Speaker |
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NOES: 005 |
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Curls |
George |
Hoskins |
Hughes |
Wildberger |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 013 |
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Avery |
Bland |
Bowman |
Boykins |
Brooks |
Brown 30 |
Haywood |
Marsh |
Page |
Salva |
Smith 118 |
Wagner |
Wright 137 |
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VACANCIES: 002 |
The following members’ presence was noted: Bland, Bowman and Boykins.
ADJOURNMENT
On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Wednesday, September 14, 2005.
CORRECTIONS TO THE HOUSE JOURNAL
Correct House Journal, Second Day, Wednesday, September 7, 2005, Page 8, Line 16, by inserting immediately after the word “noted:” the following:
Johnson (90), Loehner, Wallace,
Correct House Journal, Fifth Day, Monday, September 12, 2005, Page 17, Line 16, by inserting immediately after the word “noted:” the following:
Day, Fisher, Wright (137), Wright (159),
COMMITTEE MEETINGS
BUDGET
Wednesday, September 14, 2005, Hearing Room 3 upon afternoon adjournment.
Discuss letters of intent.
JOINT COMMITTEE ON LEGISLATIVE RESEARCH
Wednesday, September 14, 2005, 8:00 a.m. Hearing Room 6.
Quarterly business meeting.
Portions of this meeting may be closed pursuant to Section 610.021(3)(17).
JOINT COMMITTEE ON TERRORISM, BIOTERRORISM AND HOMELAND SECURITY
Wednesday, September 14, 2005, 9:00 a.m. Hearing Room 7.
Public testimony--enhancement of Homeland Security and prevention. AMENDED
MEDICAID REFORM COMMISSION
Wednesday, September 14, 2005, 8:00 a.m. Hearing Room 7.
Provider testimony.
To testify notify Senator Shield's office 573-751-9476.
MEDICAID REFORM COMMISSION
Thursday, September 15, 2005, 8:00 a.m. Hearing Room 7.
Provider testimony and prevention.
To testify notify Senator Shield's office 573-751-9476.
SUBCOMMITTEE ON LEGISLATIVE RESEARCH PERSONNEL
Wednesday, September 14, 2005, Hearing Room 6 upon adjournment of the
Joint Committee on Legislative Research.
Portions of this meeting may be closed pursuant to Section 610.021(3).
UTILITIES
Wednesday, September 14, 2005, 4:30 p.m. Hearing Room 6.
Informational meeting with Public Service Commission.
HOUSE CALENDAR
SEVENTH DAY, WEDNESDAY, SEPTEMBER 14, 2005
HOUSE BILL FOR PERFECTION
HCS HB 1 - Cunningham (86)
SENATE CONCURRENT RESOLUTION
SCR 1, (9-09-05, Pages 11-12) - Lager
SENATE BILLS FOR THIRD READING
1 SB 1, E.C. - Cunningham (86)
2 SB 4, HCA 1, E.C. - Hunter