Journal of the House


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

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

NOES: 017

 

 

 

 

 

 

 

 

 

Boykins

Brooks

Burnett

Chappelle-Nadal

Daus

El-Amin

George

Low 39

Lowe 44

Oxford

Skaggs

Smith 118

Spreng

Villa

Vogt

Walsh

Young

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 004

 

 

 

 

 

 

Bland

Hughes

Johnson 61

Wright-Jones

 

 

 

 

 

 

VACANCIES: 003


            Representative Quinn declared the bill passed.


            The emergency clause was adopted by the following vote:


AYES: 138

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

NOES: 014

 

 

 

 

 

 

 

 

 

Brooks

Burnett

Chappelle-Nadal

Daus

Donnelly

El-Amin

George

Low 39

Lowe 44

Spreng

Villa

Vogt

Walsh

Young

 

 

 

 

 

 

PRESENT: 002

 

 

 

 

 

 

 

 

 

Boykins

Oxford

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

 

Haywood

Hughes

Johnson 61

Smith 118

Stevenson

Wright-Jones

 

 

 

 

 

 

 

 

 

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