Journal of the House


Second Regular Session, 93rd General Assembly




TWENTIETH DAY, Wednesday, February 8, 2006

The House met pursuant to adjournment.


            Speaker Pro Tem Bearden in the Chair.


            Prayer by Father Robert Kurwicki, Pastor, St. Joseph Cathedral.


              Almighty God of our families and our Loving God, we do begin this day conscious of Your presence and committing our lives anew to You. Sustain us with Your spirit and make us ready for our responsibilities, equal to our experiences, and adequate for every task. In the midst of the heat of daily duties let not our strength fail, nor our steps falter, nor our vision fade.


              Make us patient with each other and understanding, remembering that each one of us walks a lonely road and each one has struggles no one else knows.


              Give to us a real reverence for personality, a deep desire to speak the truth, and an unending enthusiasm for the reign of liberty and justice in our Nation and in our World. In the Master’s name we pray. Amen.


            The Pledge of Allegiance to the flag was recited.


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


AYES: 157

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bean

Bearden

Behnen

Bivins

Black

Bland

Bogetto

Bowman

Boykins

Bringer

Brooks

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

El-Amin

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

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

Walton

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

 

 

 

 

 

 

LeVota

Liese

Wasson

 

 

 

 

 

 

 

VACANCIES: 003


HOUSE RESOLUTION


            Representative Bivins offered House Resolution No. 531.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 527 - Representative Aull

            House Resolution No. 528 - Representatives Meadows and Roorda

            House Resolution No. 529 - Representative Dougherty

            House Resolution No. 530 - Representative Brown (30)

            House Resolution No. 532 - Representative Dethrow

            House Resolution No. 533 - Representative Sanders Brooks

            House Resolution No. 534 - Representative Franz

            House Resolution No. 535

                        and

            House Resolution No. 536 - Representative Threlkeld

            House Resolution No. 537 - Representative Wright-Jones

            House Resolution No. 538 - Representative Boykins

            House Resolution No. 539 - Representative Kuessner

            House Resolution No. 540 - Representative Hughes

 

HOUSE CONCURRENT RESOLUTION


            Representative Baker (25), et al., offered House Concurrent Resolution No. 19.


SECOND READING OF HOUSE BILLS


            HB 1683 through HB 1697 were read the second time.




SPECIAL RECOGNITION


            The Soldan High School Tigers Soccer Team was introduced by Representatives Roorda and El-Amin and recognized for attaining the St. Louis Public High School League Championship.


COMMITTEE REPORTS


            Committee on Crime Prevention and Public Safety, Chairman Lipke reporting:


            Mr. Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred HB 1310, 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.


            Mr. Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred SCS SB 578, 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 Pratt reporting:


            Mr. Speaker: Your Committee on Judiciary, to which was referred HB 1169, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


INTRODUCTION OF HOUSE BILLS


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


HB 1698, introduced by Representatives Lipke, Dusenberg, Yates, Cooper (158) and Tilley, relating to sexual offenders.


HB 1699, introduced by Representative Yates, relating to physical therapists.


HB 1700, introduced by Representatives Wasson, Tilley, Parson, Yaeger, Avery, Kratky, Pratt, Bruns, Wells, Dixon, Sater, Wallace, Richard, Page, Kingery, Cooper (155), Donnelly, Stevenson, Cooper (120) and Threlkeld, relating to pharmacy practice.


HB 1701, introduced by Representatives Burnett, Pratt, Lipke, Johnson (61), Johnson (90), Witte, Stevenson, Donnelly, Flook, Storch, Vogt, Jolly, Harris (23) and Bringer, relating to attorneys as notaries.


HB 1702, introduced by Representative Hoskins, relating to absentee voting.


HB 1703, introduced by Representative Yates, relating to insurance pooling.




HB 1704, introduced by Representatives St. Onge, Storch, Munzlinger, Whorton, Hobbs, Bivins, Guest, Myers, Bearden, Johnson (47), Wasson, Wilson (119), Nance, Smith (118), Smith (14), Self, Cooper (155), Schaaf, Icet, Nolte, Sutherland, Wright (159), Ervin, Black, Jackson, May, Robb, Dusenberg, Smith (150), Flook, Dempsey, Silvey, Lembke, Jetton, Jones, Pratt, Wilson (130), Schad, Wallace, Henke, Wagner, Low (44), Parson, Wildberger, Sater, Behnen, Yaeger, McGhee, Day, Weter, Rucker, Kingery, Wells, George, Walsh, Wood, Quinn, Dethrow, Meadows, Witte, Schlottach, Corcoran, Donnelly, Zweifel, Sander, Young, Stevenson, Nieves, Faith, Lampe, Harris (110), Dixon, Dougherty, Boykins and Fraser, relating to proof of lawful presence for renewal of drivers' licenses.


HB 1705, introduced by Representative Cooper (158), relating to the purchase of goods and services.


HB 1706, introduced by Representative Pratt, relating to ticket sales in certain counties.


HB 1707, introduced by Representatives Dusenberg, Yates, Salva, Pratt, Dougherty and Young, relating to local registrars.


HB 1708, introduced by Representatives Roorda, Casey, Johnson (90), Meadows, Dusenberg, Cunningham (86), Sanders Brooks, Bowman and Moore, relating to failing to report suspicious photographs involving a child.


HB 1709, introduced by Representatives Roorda, Casey, Whorton, McGhee, Corcoran and Bogetto, relating to the sale or consignment of certain emergency vehicles.


HB 1710, introduced by Representatives Robb, Hobbs and Johnson (47), relating to county property in regional recreational districts.


HB 1711, introduced by Representatives Robb, Hobbs and Johnson (47), relating to industrial development.


HB 1712, introduced by Representative Johnson (90), relating to juvenile court employees.


HB 1713, introduced by Representative Cooper (158), relating to the Missouri foundation for health.


HB 1714, introduced by Representatives Flook, Silvey, Nance, Pollock, Emery, Ervin, Kraus, Bivins, Tilley, Davis, Nieves, Fisher, Brown (30), Kingery, Wright (159), Cunningham (86), Weter, Ruestman and Moore, relating to criminal nonsupport.


HB 1715, introduced by Representative Pratt, relating to corporations.


MESSAGE 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 22.




SENATE CONCURRENT RESOLUTION NO. 22


              WHEREAS, Missouri highway work zone crashes resulted in 5,852 injuries and 97 deaths to motorists between 1999 and 2003; and


              WHEREAS, in 2004, three Missouri Department of Transportation employees were killed and 69 injured in work zones; and


              WHEREAS, 28 Missouri State Highway Patrolmen have given the ultimate sacrifice, including seven Missouri State Highway Patrolmen who were killed along side Missouri's highways since 2001; and 16 Missouri State Highway Patrol vehicles have been involved in traffic accidents in the last twelve months; and


              WHEREAS, highway injuries and fatalities are the result of driver inattention and the failure of drivers to slow down and move over in work zones or upon approach of emergency vehicles; and


              WHEREAS, highway workers, including employees of the Missouri Department of Transportation, Missouri State Highway Patrol, law enforcement agencies, emergency medical services personnel, and highway contractors, regularly must work within the public right of way and in close proximity to traffic; and


              WHEREAS, many of the causes of highway work deaths are preventable, including driver inattention, driving too fast for conditions, failing to yield right of way, following too closely and changing lanes improperly; and


              WHEREAS, the Missouri General Assembly passed House Bill No. 1270 and House Bill No. 2032 in 2002 to require Missouri motorists to move over one lane or slow down when approaching parked emergency motor vehicles on highway right-of-ways; and


              WHEREAS, public awareness of the need for greater caution and care by motorists while driving through highway work zones, while promoting safe practices by highway workers in highway work zones must be increased in the state of Missouri; and


              WHEREAS, the Missouri General Assembly desires to promote highway worker safety and to encourage motorists traveling through Missouri highway work zones to exercise caution and care; and


              WHEREAS, the Missouri General Assembly desires to generate an increased awareness of Missouri's law to move over or slow down when approaching stationary emergency vehicles in order to avoid the recent tragedies experienced by the Missouri State Highway Patrol:


              NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-Third General Assembly, Second Regular Session, the House of Representatives concurring therein, hereby strongly encourage the Missouri Department of Transportation to create individual highway signs detailing the name and date of highway workers, emergency workers, and highway patrol officers injured or killed on Missouri highways and erect such signs at the location of the injury or death. The Missouri Department of Transportation shall not create or erect such highway signs unless the immediate family members of the highway workers, emergency workers, or highway patrol officers approve of the sign's creation; and


              BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for the Missouri Department of Transportation.


            In which the concurrence of the House is respectfully requested.




COMMITTEE CHANGES


            The Speaker submitted the following Committee changes:


             Representative George is no longer a member of the Workforce Development and Workplace Safety Committee.


            Representative Spreng has been appointed a member of the Workforce Development and Workplace Safety Committee.


COMMUNICATIONS


February 7, 2006


Mr. Stephen Davis

Chief Clerk - House Administrator

Missouri House of Representatives

State Capitol - Room 306C

Jefferson City, MO 65101


Dear Mr. Davis:


Pursuant to Chapters 105.452 to 105.461, RSMo., this letter is an official report that I have invested in agriculture value-added cooperatives in which I may be eligible to receive New Generation Cooperative Incentive Tax Credits or loan guarantees. I would not have more than a ten percent interest in the proposed value-added venture.


In order for me to comply with Chapters 105.452 to 105.461, please publish this report in the Journal of the House.


Sincerely,


/s/ John Quinn

State Representative

District 7

________________


February 8, 2006


Mr. Stephen S. Davis, Chief Clerk

Missouri House of Representatives

State Capitol, Room 306-C

Jefferson City, MO 65101


Dear Mr. Davis:


Pursuant to Chapters 105.452 to 105.461, RSMo, this letter is an official report that I have invested in agriculture value-added cooperatives in which I may be eligible to receive New Generation Cooperative Incentive Tax Credits or loan guarantees. I would not have more than a ten percent interest in the value-added cooperatives.


In order to comply with Chapters 105.452 to 105.461, please publish this report in the Journal of the House.


Sincerely,


/s/ Steve Hobbs

District 21


WITHDRAWAL OF HOUSE BILL


February 7, 2006


The Honorable Rod Jetton, Speaker

State Capitol

Jefferson City, MO 65101


Dear Speaker Jetton:


Please allow this letter to serve as my request to withdraw House Bill No. 1475. This bill relates to the prohibition of law enforcement officers in fourth class cities being allowed to affect an arrest outside city limits.


It is now my understanding that additional work will have to be done before it is heard in committee.


Thank you,


/s/ Bob Nance

Representative Bob Nance

District 36


ADJOURNMENT


            On motion of Representative Self, the House adjourned until 10:00 a.m., Thursday, February 9, 2006.


COMMITTEE MEETINGS


APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Thursday, February 9, 2006, 8:00 a.m. Hearing Room 4.

Budget overviews of Governor's recommendations.

Mark up for Departments of Agriculture, Natural Resources, and Conservation.

Possible Executive session.


APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Monday, February 13, 2006, 11:00 a.m. Hearing Room 3.

Budget overview of Governor's recommendations for the

Department of Health and Senior Services, and Mental Health.


APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Tuesday, February 14, 2006, 8:00 a.m. Hearing Room 3.

Budget overview of Governor's recommendations for the Department of Social Services.

Committee will reconvene at 2:45 p.m.


APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Wednesday, February 15, 2006, 2:30 p.m. Hearing Room 3.

Mark up for departments will begin.

Executive session may follow. AMENDED




CHILDREN AND FAMILIES

Wednesday, February 15, 2006, 8:00 a.m. Hearing Room 7.

Executive session may follow.

Public hearings to be held on: HB 1485, HB 1539


HEALTH CARE POLICY

Thursday, February 9, 2006, 8:15 a.m. Hearing Room 7.

Executive session may follow. Hearing is a continuation from 2-2-06. AMENDED

Public hearing to be held on: HB 1226


LOCAL GOVERNMENT

Thursday, February 9, 2006, 8:00 a.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 1361, HB 1111, HB 1366

Executive session will be held on: HB 1070


RULES

Thursday, February 9, 2006, 8:30 a.m. Hearing Room 2.

Executive session may follow.

Public hearings to be held on: HCR 12, HCR 13, HCR 14,

HR 203, HR 207, HR 234, HR 237, HR 305


RULES [PURSUANT TO RULE 25(26)(f)]

Thursday, February 9, 2006, 8:30 a.m. Hearing Room 2.

Public hearings to be held on: HJR 28, HCS HJR 36, HB 983, HB 1157, HB 1228


SENIOR CITIZEN ADVOCACY

Thursday, February 9, 2006, 8:00 a.m. Hearing Room 1.

Executive session may follow.

Public hearing to be held on: HB 1215


HOUSE CALENDAR


TWENTY-FIRST DAY, THURSDAY, FEBRUARY 9, 2006


HOUSE BILLS FOR SECOND READING


HB 1698 through HB 1715


HOUSE CONCURRENT RESOLUTIONS


1          HCR 6, (1-25-06, Page 130) - Burnett

2          HCR 9, (1-25-06, Pages 130-131) - Ruestman