Journal of the House


Second Regular Session, 93rd General Assembly




EIGHTH DAY, Wednesday, January 18, 2006

The House met pursuant to adjournment.


            Speaker Pro Tem Bearden in the Chair.


            Prayer by Reverend James Earl Jackson.


              Heavenly Father, You are our Help and our Shield, You are the Glory and the Lifter of our heads. You are forever mindful of us.


              Many may seek acceptable solutions, to the tasks before them, by the sweat of their brow, the strength of their hand or the force of their intellect.


              But as for us, our prayer is to You, O Lord. At an acceptable and opportune time, O God, in the multitude of Your mercy and the abundance of Your loving-kindness, You hear us, and in the truth and faithfulness of Your salvation You answer us.


              Here we are Lord, humble servants before You, desiring to do what is right for our state and our constituents. Though at times we suffer embarrassments and are perplexed and unable to find a way out, we are not driven to despair, for You are with us. We refuse to overestimate ourselves or be wise in our own conceits.


              We thank You for granting us a heart full of skillful and godly wisdom, knowledge which is pleasant to us, discretion which watches over us, and understanding that keeps us.


              Now may the grace of our Lord Jesus Christ rest and abide with us all.


              For it is in His Name we pray. 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: Richard Johnson, Jr.


            The Journal of the seventh day was approved as printed by the following vote:


AYES: 154

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bean

Bearden

Bivins

Black

Bland

Bogetto

Bowman

Boykins

Bringer

Brown 30

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

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

Lipke

Loehner

Low 39

Lowe 44

Marsh

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

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 118

Smith 150

Spreng

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

 

Behnen

Brooks

El-Amin

Liese

Walton

Wright 137

 

 

 

 

 

 

 

 

 

VACANCIES: 003


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 159 - Representative Roark

            House Resolution No. 160 - Representative Bowman

            House Resolution No. 161 - Representative Dethrow

            House Resolution No. 162 - Representative Wright-Jones

            House Resolution No. 163 - Representative Harris (23)

            House Resolution No. 164

                        through

            House Resolution No. 166 - Representative Vogt, et al.

            House Resolution No. 167

                        through

            House Resolution No. 180 - Representative Meadows

            House Resolution No. 181 - Representative Wilson (119)

            House Resolution No. 182 - Representative Cunningham (145)

            House Resolution No. 183 - Representatives Rupp and Dempsey

            House Resolution No. 184 - Representatives Rupp and Smith (14)

            House Resolution No. 185 - Representative Jackson

            House Resolution No. 186 - Representative Hobbs

            House Resolution No. 187

                        and

            House Resolution No. 188 - Representative Sater

            House Resolution No. 189 - Representative Hunter

            House Resolution No. 190 - Representative Nance

            House Resolution No. 191 - Representative Sander

            House Resolution No. 192 - Representatives Pearce and Cooper (120)

            House Resolution No. 193 - Representative Schoemehl

            House Resolution No. 194 - Representative Dixon


SECOND READING OF HOUSE JOINT RESOLUTIONS


            HJR 43 and HJR 44 were read the second time.


SECOND READING OF HOUSE BILLS


            HB 1401 through HB 1419 were read the second time.


INTRODUCTION OF HOUSE BILLS


            The following House Bills were read the first time and copies ordered printed:


HB 1420, introduced by Representatives Walsh, Meiners, Fraser, George, Salva, Lowe (44), Young, Burnett, Wildberger, Chappelle-Nadal, Oxford, Wright-Jones, Yaeger, Darrough, Whorton and Jolly, relating to mental health facilities.


HB 1421, introduced by Representatives Walsh, Meiners, Fraser, George, Salva, Lowe (44), Young, Burnett, Wildberger, Chappelle-Nadal, Oxford, Meadows, Bowman, Daus, Yaeger, Darrough, Whorton, Wright-Jones and Jolly, relating to the safe staffing and quality care accountability acts.


HB 1422, introduced by Representatives Walsh, Meiners, George, Salva, Lowe (44), Young, Burnett, Wildberger, Chappelle-Nadal, Oxford, Meadows, Bowman, Yaeger, Darrough and Wright-Jones, relating to oversight of public privatization contracts.


HB 1423, introduced by Representatives Page, Henke, LeVota, Whorton, Wildberger, Schoemehl, Oxford, Jolly, El-Amin, Hubbard, Kratky, Daus, Bowman, Fraser, Storch, Baker (25), Witte, Kuessner, Moore, Haywood, Myers, Vogt, Salva, Yaeger, Roorda, Lampe, Young, Harris (110), Burnett, Donnelly, George, Curls, Lowe (44), Skaggs, Walsh, Darrough, Robinson, Johnson (61), Wright-Jones, Villa, Zweifel, Black, Chappelle-Nadal, Bogetto, Lowe (39), Corcoran, Shoemyer, Hoskins, Aull, Hughes, Rucker, Casey, Bringer, Swinger, Dougherty, Meiners, Wagner, Meadows, Johnson (90), Walton, Spreng, Bland and Brown (50), relating to securities regulations.


HB 1424, introduced by Representative Franz, relating to collection of taxes.




HB 1425, introduced by Representatives Viebrock, Denison, Sater, Fisher, May, Wasson, Whorton, Wallace, Faith, Dusenberg, Sutherland, Stevenson, Kratky, Wilson (119), Bean, Wright (159), Wildberger, Fisher, Marsh, Wilson (130), Schlottach, Schaaf, Rector, Emery, Deeken, Flook, Schneider, Wallace, McGhee, Aull, Bivins, Cooper (155), Myers, Kingery, Sander, George, Walsh, Portwood, Dixon, Wright (137), Nance, Roark, Avery, Jetton, Chinn, Weter, Nolte, Wood, Franz, Henke, Smith (118), Wells, Tilley, Pollock, Parson, Schad, Behnen, Storch, Quinn, Cunningham (145), Bruns, Black, Loehner, Harris (110), Ervin, Nieves, Brown (30), Phillips, Rupp, Lager, Bearden, Pearce, Icet, Johnson (61), Ruestman, Smith (150), Jackson, Day, Wagner, Casey, Oxford, Baker (123), Burnett, Skaggs, Haywood, Shoemyer, Dougherty, Bogetto, Jolly, Lembke, Davis, Threlkeld, Roorda, Silvey, Munzlinger, Swinger, Lampe, Robinson, Zweifel, Witte, Low (39), Bowman, Yaeger, Harris (23), Kuessner, Hubbard, Johnson (90), Chappelle-Nadal, Schoemehl, Brown (50), Hoskins, Curls, Bringer, Page, El-Amin, Rucker, Spreng, Darrough, St. Onge, Meiners, Lowe (44), Hughes, Corcoran, Villa, Cunningham (86), LeVota, Vogt, Baker (25), Fraser, Wright-Jones, Boykins, Bland, Jones, Dempsey, Smith (14), Cooper (158), Hunter, Johnson (47), Dethrow, Self, Lipke, Parker, Guest, Yates, Richard, Robb, Hobbs, Pratt, Kelly, Donnelly, Cooper (120), Daus, Moore, Salva, Walton, Muschany, Kraus, Fares, Sanders Brooks, Meadows, Young and Liese, relating to the designation of memorial bridge.


HB 1426, introduced by Representatives Guest, Quinn, Whorton, Nance, Schaaf, McGhee and Rucker, relating to the wholesale water and sewer authority act.


HB 1427, introduced by Representatives Johnson (90), Jetton, Kuessner, Henke, Harris (23), Avery, Roorda, LeVota, Jackson, Dempsey, Shoemyer, Storch, Pearce, Tilley, Kraus, Meadows, Casey, Oxford, Donnelly, Robb, Hughes, Meiners, Burnett, Rucker, Wood, Wallace, Aull, Walton, Hubbard, Bland, Swinger, Witte, Bringer, Schoemehl, Robinson, Chappelle-Nadal, Fraser, Johnson (47), Harris (110), Bogetto, Viebrock, Vogt, Yaeger, Curls, Yates, Dusenberg, Parker, Schneider, Denison, Cunningham (145), Behnen, Schlottach, Villa, Wildberger, Dougherty, Nolte, Page, Day, Fisher, Bruns, Wilson (119), Whorton, Jones, Wagner, Bivins, Schaaf, Young, Threlkeld, Sander, Baker (25), Silvey, Black, Boykins, Corcoran, Quinn, Wasson, Jolly, Darrough, Zweifel, Ervin, Lipke, Cunningham (86), Brown (50), McGhee and Lampe, relating to reinstatement of dissolved corporations.


HB 1428, introduced by Representatives Robb, Hobbs, Nolte, Flook, Brown (50), Darrough, Corcoran, Lampe, Cooper (158), Zweifel, Sander, Moore and Guest, relating to higher education funding.


HB 1429, introduced by Representatives Nolte, Flook, Ervin, Skaggs, Spreng, Bowman, Nance and Silvey, relating to sales and use tax exemptions.


HB 1430, introduced by Representative Johnson (47), relating to limitations on campaign contributions.


HB 1431, introduced by Representative Kelly, relating to compensation of road district commissioners.




HB 1432, introduced by Representatives Moore, Harris (110), Bruns, Parson, Wright (137), Nolte, Lipke, Phillips, Schlottach, Dixon, Wasson, Wilson (119), Quinn, Avery, Smith (118), Kelly, Rector, Bivins, Cunningham (145), Hobbs, Deeken, Ruestman, Page, Brown (50), Kuessner, Robinson, Roorda, Meadows, Casey, Wildberger, Darrough and Lampe, relating to the state board of probation and parole.


HB 1433, introduced by Representatives Bowman, Johnson (61), Harris (23), Bogetto, George, Darrough, Bland, Baker (25), Walsh, Hoskins, Rucker, Chappelle-Nadal, Meiners, Spreng, Haywood, Boykins, Wright-Jones, Robinson, Dougherty, Zweifel, Storch, Donnelly, Lowe (44), Hughes, Low (39), Schoemehl, Curls, Oxford, Johnson (90), Roorda, Casey, Hubbard, LeVota, Fraser, Sanders Brooks, Jolly, Corcoran, Wildberger, Henke and Meadows, relating to minimum wage.


HB 1434, introduced by Representatives Johnson (61), Burnett, Harris (23), Wildberger, Vogt, Johnson (90), Witte, Whorton, Brown (50), Meadows and El-Amin, relating to trademark registrations.


HB 1435, introduced by Representatives Johnson (61), Brown (50), Meadows, Baker (25), Meiners and El-Amin, relating to expungement.


HB 1436, introduced by Representatives Johnson (61), Whorton, Harris (110), Bogetto, Oxford, Brown (50), Meadows, El-Amin and Fraser, relating to adoption records.


HB 1437, introduced by Representative Threlkeld, relating to poison information and control.


HB 1438, introduced by Representatives Hughes, Walsh, Lowe (44), Wagner, Robb, Johnson (47), Corcoran, Daus, Oxford, Aull, Flook, Brown (50), Darrough, Salva, Bogetto, Low (39), Nolte, Robinson, Bowman, Johnson (90), Curls, Burnett, Bland, Rucker, Jolly, Hoskins, Boykins, Hubbard, Villa, LeVota, Pratt and Roorda, relating to possession of methamphetamine precursor drugs.


HB 1439, introduced by Representatives Hughes, Walsh, Lowe (44), Robb, Oxford, Aull, Brown (50), Salva, Bogetto, Schoemehl, Low (39), Robinson, Bowman, Curls, Storch, Donnelly, Burnett, Bland, Rucker, Jolly, Boykins, Hoskins and Villa, relating to title loans.


HB 1440, introduced by Representatives Sutherland, Brown (30), Dusenberg, Ervin, Schaaf, Threlkeld, Dempsey, Bearden, Smith (118), Dixon, Deeken, Schneider, Pearce, Cooper (120), Smith (14), Bean, Rupp, Nieves, Phillips, Lowe (44), Guest, Parker, Page, Young and Shoemyer, relating to contributions to the cervical cancer awareness and treatment program.


HB 1441, introduced by Representatives Sutherland, Myers, Cooper (120), Low (39) and Page, relating to the large carnivore act.


HB 1442, introduced by Representatives Sutherland and Baker (25), relating to the manufactured home health and safety act.




HB 1443, introduced by Representatives Donnelly, Chappelle-Nadal, Page, Lampe, Young, Storch, Rucker, LeVota, Bowman, Johnson (47), Oxford, Henke, Baker (25), Kuessner, Whorton, Jolly, Walton, Schneider, Bivins, Zweifel, Darrough, Wildberger, Yaeger, Fraser, Wright-Jones, Moore, Skaggs, Burnett, Bringer, Boykins, Hughes, Johnson (61), Witte, Bogetto, Johnson (90), Harris (23), Parker and Faith, relating to criminal securities fraud.


COMMITTEE CHANGES


            The Speaker submitted the following Committee changes:


            Representative Bruns is no longer a member of the Ethics Committee.


            Representative Chinn in no longer a member of the Small Business Committee.


            Representative Cunningham (86) is no longer a member of the Workforce Development and Workplace Safety Committee.


            Representative Flook is no longer a member of the Higher Education Committee.


            Representative Icet is no longer a member of the Appropriations-Education Committee; Appropriations-Health, Mental Health and Social Services Committee; Special Committee on General Laws, and the Ways and Means Committee.


            Representative Munzlinger is no longer a member of the Agriculture Policy Committee.


            Representative Muschany is no longer a member of the Appropriations-Education Committee, and the Elementary and Secondary Education Committee.


            Representative Parker is no longer Vice-Chair of the Small Business Committee, but will remain a member of this committee.


            Representative Schaaf is no longer a member of the Appropriations-Public Safety and Corrections Committee.


            Representative Self is no longer a member of the Appropriations-Health, Mental Health and Social Services Committee, and the Conservation and Natural Resources Committee.


            Representative Smith (14) is no longer a member of the Transportation Committee.


            Representative Cooper (120) has been appointed a member of the Special Committee on General Laws.


            Representative Cooper (158) has been appointed a member of the Elementary and Secondary Education Committee.


            Representative Day has been appointed Vice-Chair of the Conservation and Natural Resources Committee, and a member of the Appropriations-Public Safety and Corrections Committee.


            Representative Deeken has been appointed a member of the Ethics Committee.


            Representative Faith has been appointed a member of the Transportation Committee.


            Representative Flook has been appointed a member of the Judiciary Committee.


            Representative Franz has been appointed a member of the Conservation and Natural Resources Committee.


            Representative Jones has been appointed a member of the Financial Institutions Committee.


            Representative Lager has been appointed a member of the Appropriations-Health, Mental Health and Social Services Committee, and the Small Business Committee.


            Representative Muschany has been appointed a member of the Professional Registration and Licensing Committee.


            Representative Parson has been appointed a member of the Special Committee on General Laws.


            Representative Pearce has been appointed a member of the Higher Education Committee.


            Representative Schaaf has been appointed a member of the Appropriations-Health, Mental Health and Social Services Committee.


            Representative Self has been appointed a member of the Ethics Committee.


            Representative Silvey has been appointed Vice-Chair of the Small Business Committee.


            Representative Smith (14) has been appointed a member of the Utilities Committee.


            Representative Smith (150) has been appointed a member of the Agriculture Policy Committee, the Appropriations-Education Committee, and the Judiciary Committee.


            Representative Wright (159) has been appointed Vice-Chair of the Agriculture Policy Committee.


            The following members’ presence was noted: El-Amin, Sanders Brooks and Wright (137).




ADJOURNMENT


            On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Thursday, January 19, 2006.


COMMITTEE MEETINGS


APPROPRIATIONS - EDUCATION

Monday, January 23, 2006, 10:30 a.m. Hearing Room 1.

Presentation of the Governor's recommendations for Higher Education.


APPROPRIATIONS - EDUCATION

Tuesday, January 24, 2006, 8:00 a.m. Hearing Room 1.

Presentations by University and College Presidents/staff.


APPROPRIATIONS - EDUCATION

Tuesday, January 24, 2006, 2:45 p.m. Hearing Room 1.

Continuation of presentations by University and College Presidents/staff.


APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Tuesday, January 24, 2006, 8:00 a.m. Hearing Room 6.

Public testimony will be taken for Public Safety and Corrections.

Committee may reconvene at 2:45 p.m.


APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Wednesday, January 25, 2006, 2:45 p.m. Hearing Room 6.

Public testimony will be taken for Public Safety and Corrections.


LOCAL GOVERNMENT

Thursday, January 19, 2006, 8:00 a.m. Hearing Room 6.

Public hearing to be held on: HB 1070


VETERANS

Tuesday, January 24, 2006, 5:30 p.m. Senate Lounge.

Joint meeting of the House Veterans Committee and the Senate Pensions,

Veterans Affairs and General Laws Committee.


HOUSE CALENDAR


NINTH DAY, THURSDAY, JANUARY 19, 2006


HOUSE BILLS FOR SECOND READING


HB 1420 through HB 1443