Second Regular Session, 93rd General Assembly
TWENTY-SEVENTH DAY, Tuesday, February 21, 2006
The House met pursuant to adjournment.
Speaker Jetton in the Chair.
Prayer by Reverend Marvin Lue, Jr., Murchison Tabernacle Church, St. Louis.
May we pray.
God, we first give thanks to You for this opportunity to gather as servants of goodwill and equality for the citizens of this great state. We pause to give honor to those who led our great nation during moments of independence and emancipation. We reflect upon the accomplishments and achievements of a people who have persevered through weary years and silent tears; storms of slavery and segregation; pitfalls of poverty and persecution, and valleys of injustice and oppression. We celebrate the courage and conviction of a people who continue to overcome in the face of seen and unseen obstacles that rise on every leaning side.
God, we ask You today to give us guidance and direction as we deliberate over the affairs that are in the best interest for all of Missouri. We are here today to render opinions which we feel are for the good of our constituents, but ultimately we want to render opinions that are pleasing and acceptable in Your divine judgement. Therefore God, we petition You now to endow us with wisdom, charity, integrity and purpose, as we move from being a people who must be SHOWN to now being a people who SHOW what justice and equality for all people truly is. Endow us today with minds of rationality and hearts of benevolence as we grapple with issues that shape not only the urban streets, but also the suburban cul-de-sacs and rural plains. Endow us now with a consciousness that will push us beyond the fiscal bottom line and force us to address the whole story from every perspective. With Your help, we can make this state a GATEWAY to a level playing field for all who pass through.
In the spirit of hope and opportunity for all of Missouri, we seek You. 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: Zachary Adams, Riley Cook, Jeremy Bell, Quinn Cunningham, Grace Cunningham, Isaac Doster and HannaMay Doster.
The Journal of the twenty-sixth day was approved as printed.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 703
through
House Resolution No. 705 - Representative Cunningham (145)
House Resolution No. 706 - Representative Bogetto
House Resolution No. 707 - Representative Dusenberg
House Resolution No. 708 - Representative Baker (25)
House Resolution No. 709 - Representative Smith (118)
House Resolution No. 710 - Representative Flook, et al.
House Resolution No. 711 - Representative Richard
House Resolution No. 712 - Representative Harris (23)
House Resolution No. 713 - Representative Sander
SECOND READING OF HOUSE BILLS
HB 1816 through HB 1825 were read the second time.
Representative Quinn assumed the Chair.
SPECIAL RECOGNITION
The 2005-2006 Officers of the Missouri State Future Farmers of America were introduced by Representative Quinn.
Zach Kinne, President of the Missouri State Future Farmers of America, addressed the House.
MESSAGES FROM THE SENATE
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like committee from the House on HCS SCS SB 578: Senators Shields, Crowell, Bartle, Callahan and Kennedy.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has dissolved the Conference Committee on HCS SCS SB 578 and requests the House recede from its position on HCS SCS SB 578 and take up and pass SCS SB 578.
BILL CARRYING REQUEST MESSAGE
HCS SCS SB 578, relating to funeral protests, was taken up by Representative Rucker.
Representative Rucker moved that the House recede from its position on HCS SCS SB 578 and take up and truly agree to and finally pass SCS SB 578.
Which motion was adopted by the following vote:
AYES: 139 |
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Aull |
Avery |
Baker 25 |
Baker 123 |
Bean |
Bearden |
Behnen |
Bivins |
Black |
Bogetto |
Bowman |
Bringer |
Brown 30 |
Brown 50 |
Bruns |
Casey |
Chinn |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Corcoran |
Cunningham 145 |
Cunningham 86 |
Curls |
Darrough |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Donnelly |
Dougherty |
Dusenberg |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Franz |
Fraser |
Guest |
Harris 23 |
Harris 110 |
Haywood |
Henke |
Hobbs |
Hoskins |
Hubbard |
Hunter |
Icet |
Jackson |
Johnson 47 |
Johnson 90 |
Jolly |
Jones |
Kelly |
Kingery |
Kratky |
Kraus |
Kuessner |
Lager |
Lampe |
Lembke |
LeVota |
Liese |
Lipke |
Loehner |
Marsh |
May |
McGhee |
Meadows |
Meiners |
Moore |
Munzlinger |
Muschany |
Myers |
Nance |
Nieves |
Nolte |
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 |
Smith 14 |
Smith 150 |
Stevenson |
St. Onge |
Storch |
Sutherland |
Swinger |
Threlkeld |
Tilley |
Viebrock |
Wagner |
Wallace |
Walton |
Wasson |
Wells |
Weter |
Whorton |
Wildberger |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright 137 |
Wright 159 |
Yaeger |
Yates |
Zweifel |
Mr Speaker |
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NOES: 017 |
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Boykins |
Brooks |
Burnett |
Chappelle-Nadal |
Daus |
El-Amin |
George |
Low 39 |
Lowe 44 |
Oxford |
Skaggs |
Smith 118 |
Spreng |
Villa |
Vogt |
Walsh |
Young |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 004 |
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Bland |
Hughes |
Johnson 61 |
Wright-Jones |
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VACANCIES: 003 |
Representative Quinn declared the bill passed.
The emergency clause was adopted by the following vote:
AYES: 138 |
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Aull |
Avery |
Baker 25 |
Baker 123 |
Bean |
Bearden |
Behnen |
Bivins |
Black |
Bland |
Bogetto |
Bowman |
Bringer |
Brown 30 |
Brown 50 |
Bruns |
Casey |
Chinn |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Corcoran |
Cunningham 145 |
Cunningham 86 |
Curls |
Darrough |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Dougherty |
Dusenberg |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Franz |
Fraser |
Guest |
Harris 23 |
Harris 110 |
Henke |
Hobbs |
Hoskins |
Hubbard |
Hunter |
Icet |
Jackson |
Johnson 47 |
Johnson 90 |
Jolly |
Jones |
Kelly |
Kingery |
Kratky |
Kraus |
Kuessner |
Lager |
Lampe |
Lembke |
LeVota |
Liese |
Lipke |
Loehner |
Marsh |
May |
McGhee |
Meadows |
Meiners |
Moore |
Munzlinger |
Muschany |
Myers |
Nance |
Nieves |
Nolte |
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 150 |
St. Onge |
Storch |
Sutherland |
Swinger |
Threlkeld |
Tilley |
Viebrock |
Wagner |
Wallace |
Walton |
Wasson |
Wells |
Weter |
Whorton |
Wildberger |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright 137 |
Wright 159 |
Yaeger |
Yates |
Zweifel |
Mr Speaker |
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NOES: 014 |
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Brooks |
Burnett |
Chappelle-Nadal |
Daus |
Donnelly |
El-Amin |
George |
Low 39 |
Lowe 44 |
Spreng |
Villa |
Vogt |
Walsh |
Young |
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PRESENT: 002 |
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Boykins |
Oxford |
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ABSENT WITH LEAVE: 006 |
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Haywood |
Hughes |
Johnson 61 |
Smith 118 |
Stevenson |
Wright-Jones |
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VACANCIES: 003 |
PERFECTION OF HOUSE JOINT RESOLUTIONS
HJR 28, relating to a property tax exemption, was taken up by Representative Jackson.
On motion of Representative Jackson, HJR 28 was ordered perfected and printed.
HCS HJR 36, relating to a personal property tax exemption, was taken up by Representative Bruns.
Representative Pearce assumed the Chair.
On motion of Representative Bruns, HCS HJR 36 was adopted.
On motion of Representative Bruns, HCS HJR 36 was ordered perfected and printed.
HOUSE CONCURRENT RESOLUTION
HCR 17, relating to the spring rise, was taken up by Representative Quinn.
On motion of Representative Quinn, HCR 17 was adopted.
COMMITTEE REPORTS
Committee on Rules, Chairman Cooper (120) reporting:
Mr. Speaker: Your Committee on Rules, to which was referred HJR 40, begs leave to report it has examined the same and recommends that it Do Pass.
Mr. Speaker: Your Committee on Rules, to which was referred HJR 44, begs leave to report it has examined the same and recommends that it Do Pass.
Mr. Speaker: Your Committee on Rules, to which was referred HB 1035, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 1070, begs leave to report it has examined the same and recommends that it Do Pass.
Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 1078, begs leave to report it has examined the same and recommends that it Do Pass.
Mr. Speaker: Your Committee on Rules, to which was referred HB 1105, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 1138, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
Mr. Speaker: Your Committee on Rules, to which was referred HCS HBs 1145, 1359 & 1121, begs leave to report it has examined the same and recommends that it Do Pass.
Mr. Speaker: Your Committee on Rules, to which was referred HB 1234, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
Mr. Speaker: Your Committee on Rules, to which was referred HB 1310, begs leave to report it has examined the same and recommends that it Do Pass.
Mr. Speaker: Your Committee on Rules, to which was referred HB 1393, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 1380, begs leave to report it has examined the same and recommends that it Do Pass.
Mr. Speaker: Your Committee on Rules, to which was referred HB 1688, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
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 1026, 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 Higher Education, Chairman Kingery reporting:
Mr. Speaker: Your Committee on Higher Education, to which was referred HB 1251, 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.
Committee on Retirement, Chairman Smith (118) reporting:
Mr. Speaker: Your Committee on Retirement, to which was referred HB 1466, 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.
Special Committee on Healthcare Facilities, Chairman Schaaf reporting:
Mr. Speaker: Your Special Committee on Healthcare Facilities, to which was referred HB 1232, begs leave to report it has examined the same and recommends that the House Committee Substitute 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 1826, introduced by Representatives Burnett and Skaggs, relating to retirement age for municipal court judges.
HB 1827, introduced by Representatives Wasson, Ervin, Cunningham (145), Jetton, Richard, Parson, Wells, Weter, Dethrow, Denison, Viebrock, Wilson (130), Ruestman, Day, Wood, Roark, Wallace, Kuessner, Tilley, Smith (150), Self, Schlottach, Jones, Sater, Pollock, Munzlinger, Emery, Bearden, McGhee, Baker (123), Wilson (119), Nolte and Flook, relating to group health insurance.
HB 1828, introduced by Representatives Emery, Nieves, Hunter, Rector, Cunningham (145), Munzlinger, Franz, Phillips, Self, Black, Dempsey, Cunningham (86), Schaaf, Fisher, Lembke, Schad, Rucker, Myers, McGhee, Sander, Jackson, Jetton and Silvey, relating to the right of pharmacies regarding abortifacients.
HB 1829, introduced by Representative Aull, relating to school food services.
HB 1830, introduced by Representatives Johnson (90), Lipke, Harris (23), Roorda, Jones, Parson and Dusenberg, relating to purchased merchandise from secondhand dealers.
HB 1831, introduced by Representatives Villa, Daus, Lowe (44), Baker (25), Meiners, Low (39), Hoskins, Vogt and Young, relating to the use for marijuana for medicinal purposes.
HB 1832, introduced by Representatives Smith (118) and Sutherland, relating to property tax documentation.
HB 1833, introduced by Representatives Wood, Wallace, Parker, Jones, Pratt, Chinn, Wilson (119), Nolte, Whorton, Ruestman, Kratky, Bean, Portwood, Lembke, Kingery, May, Moore, Kelly, Deeken, Dusenberg, Wright (159), Schaaf, Schlottach, Weter, Dethrow, Cunningham (145), Wright (137), Marsh, Self, Kuessner, Meadows, Yaeger, Dougherty, Darrough, Wasson, Hobbs, Harris (110), Pollock, Denison, Sater, Aull, Phillips, Smith (118), Jackson, Smith (150), Tilley, Wilson (130), Liese and Smith (14), relating to the designation of the official state invertebrate.
HB 1834, introduced by Representatives Lampe, Rucker, Boykins, Bowman, Harris (110), Meiners, Bogetto, Jolly, Yaeger, Storch, Schoemehl, Corcoran, Low (39), Fraser, Dixon, Witte, LeVota, Whorton, Young, Moore, Baker (25), McGhee, Sanders Brooks and Darrough, relating to an advisory council for the education of gifted.
HB 1835, introduced by Representatives Kraus, Wildberger, Meadows, Tilley, Muschany, Sander, McGhee, Cooper (155), Dusenberg and Moore, relating to the designation of parent and family involvement in education week.
HB 1836, introduced by Representative Portwood, relating to the Missouri homeland security advisory council.
HB 1837, introduced by Representatives Yates, Schaaf, Threlkeld, Cooper (155), Flook, Ervin, Dempsey, Jetton, Pratt, Dusenberg, Kraus, Portwood, Wilson (130), Fisher, Cunningham (86), Smith (118), Avery, Munzlinger, Hunter, Smith (14), Silvey, Stevenson, Meiners, McGhee, Parker, Phillips and Johnson (47), relating to malpractice insurance.
HB 1838, introduced by Representatives Wright (137), Wilson (130), Viebrock, Emery, Smith (14), Kelly, Denison, Wasson, Jones, Nieves, Schaaf, Lembke, Portwood, Baker (123), Dixon, Kingery, Black, Threlkeld, Myers and Chinn, relating to display of documents with religious content.
The following member's presence was noted: Hughes.
ADJOURNMENT
On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Wednesday, February 22, 2006.
COMMITTEE MEETINGS
BUDGET
Wednesday, February 22, 2006, 8:00 a.m. Hearing Room 3.
Appropriation Committee Reports.
Executive session may follow.
BUDGET
Thursday, February 23, 2006, 8:15 a.m. Hearing Room 3.
Appropriation Committee Reports. Executive session may follow. CANCELLED
Public hearing to be held on: HB 1149
CHILDREN AND FAMILIES
Wednesday, February 22, 2006, 8:00 a.m. Hearing Room 7.
Executive session may follow.
Public hearings to be held on: HB 1182, HB 1075
CONSERVATION AND NATURAL RESOURCES
Wednesday, February 22, 2006, 6:00 p.m. Hearing Room 1.
Executive session may follow.
Public hearings to be held on: HB 1144, HB 1037
CORRECTIONS AND PUBLIC INSTITUTIONS
Wednesday, February 22, 2006, 8:00 a.m. Hearing Room 6.
Executive session may follow.
Public hearings to be held on: HB 998, HB 1065, HB 1192, HB 1432
ELEMENTARY AND SECONDARY EDUCATION
Wednesday, February 22, 2006, 8:00 a.m. Hearing Room 4.
Executive session may follow.
Public hearings to be held on: HB 1449, HB 1175
HEALTH CARE POLICY
Thursday, February 23, 2006, 8:00 a.m. Hearing Room 7.
Executive session may follow.
Public hearings to be held on: HB 1112, HB 1358, HB 1601
LOCAL GOVERNMENT
Thursday, February 23, 2006, 8:00 a.m. Hearing Room 6.
Executive session will follow. AMENDED
Public hearings to be held on: HB 1326, HB 1342
PROFESSIONAL REGISTRATION AND LICENSING
Wednesday, February 22, 2006, 12:00 p.m. Hearing Room 1.
Possible Executive session.
Public hearings to be held on: HB 1260, HB 1553, HB 1392, HB 1515, HB 1517
RETIREMENT
Wednesday, February 22, 2006, 6:00 p.m. Hearing Room 7.
Executive session may follow. AMENDED
Public hearings to be held on: HB 1493, HB 1495
RULES [PURSUANT TO RULE 25(26)(f)]
Wednesday, February 22, 2006, 1:00 p.m. Hearing Room 6.
Public hearings to be held on: HCS HB 1014, HCS HB 1742
SPECIAL COMMITTEE ON GENERAL LAWS
Tuesday, February 28, 2006, 3:00 p.m. Hearing Room 7.
Executive session may follow.
Public hearings to be held on: HB 1110, HB 1103, HB 1375, HB 1461
TOURISM
Thursday, February 23, 2006, 9:00 a.m. House Lounge.
Joint meeting with Senate Committee on Economic Development,
Tourism and Local Government.
There will be a presentation from the Missouri Tourism Commission.
TRANSPORTATION
Wednesday, February 22, 2006, 8:00 a.m. Hearing Room 1.
Executive session may follow.
Public hearings to be held on: HB 1040, HB 1379, HB 1045, HB 1152
UTILITIES
Wednesday, February 22, 2006, 12:00 p.m. Hearing Room 5.
Public Service Commission Chairman Jeff Davis will present information
regarding rulemaking for last year's SB 179.
This will occur prior to public hearing.
Public hearings to be held on: HCR 16, HB 1632
VETERANS
Wednesday, February 22, 2006, 8:00 a.m. Hearing Room 5.
Executive session may follow.
Public hearings to be held on: HB 1478, HB 1482
WAYS AND MEANS
Wednesday, February 22, 2006, 6:00 p.m. Hearing Room 5.
Possible Executive session.
Public hearings to be held on: HB 1677, HB 1440, HB 1619
WORKFORCE DEVELOPMENT AND WORKPLACE SAFETY
Wednesday, February 22, 2006, 12:00 p.m. Hearing Room 4.
Executive session may follow.
Public hearing to be held on: HB 1498
HOUSE CALENDAR
TWENTY-EIGHTH DAY, WEDNESDAY, FEBRUARY 22, 2006
HOUSE BILLS FOR SECOND READING
HB 1826 through HB 1838
HOUSE BILLS FOR PERFECTION
1 HCS HB 1456 - Roark (4 hours debate on Perfection)
2 HB 1249 - Spreng
HOUSE BILLS FOR PERFECTION - CONSENT
(2/20/06)
1 HB 1157 - Cooper (120)
2 HB 1169 - Cooper (120)
3 HB 1228 - Ruestman
4 HB 983 - Meadows
5 HB 1427 - Johnson (90)
6 HB 1118 - Dempsey
(2/22/06)
1 HB 1688 - Johnson (47)
2 HB 1393 - Behnen
3 HB 1234 - Loehner
4 HB 1105 - Wilson (119)
5 HB 1035 - Young
6 HCS HB 1138 - Johnson (47)
HOUSE CONCURRENT RESOLUTION FOR THIRD READING
HCR 12, (2-16-06, Page 276) - Portwood
HOUSE JOINT RESOLUTIONS FOR THIRD READING
1 HJR 28 - Jackson
2 HCS HJR 36 - Bruns
HOUSE CONCURRENT RESOLUTIONS
1 HCR 13, (2-15-06, Pages 255-256) - Sater
2 HCR 14, (2-16-06, Pages 276-277) - Schlottach
3 HCR 15, (2-15-06, Pages 256-257) - Jetton