Journal of the House

Second Regular Session, 93rd General Assembly

TWENTY-NINTH DAY, Thursday, February 23, 2006

The House met pursuant to adjournment.

            Speaker Pro Tem Bearden in the Chair.

            Prayer by Father Donald W. Lammers.

              We are nearing the end of the week that began with President’s Day. Here is a word of wisdom from President Washington and a prayer from President Lincoln.

              Before he was President, General Washington wrote circular letters to the Governors of the thirteen colonies, updating them on the progress of the Revolutionary War and giving them wise advice. In 1783, he gave this advice borrowing from the Prophecy of Micah.

“He (Almighty God) hath showed the, O man what is good;

And what doth the Lord require of thee,

But to do justly, and to love mercy,

And to walk humbly with thy God?”

(Micah 6:8)

About eighty years later, President Lincoln would pray:

              God bless our native land;

              firm may she ever stand

              through storm and night;

              when the wild tempests rave,

              O Ruler of wind and wave,

              Thou Who art strong to save,

              be Thou her might!

              For her our prayer shall be,

              our father’s God, to Thee,

              on Whom we wait;

              be her walls, holiness -

              her rulers righteousness,

              in all her homes be peace,

              God save the State!

              Not for this land alone,

              but be God’s mercies shown

              from shore to shore

              and may the nations see

              that men should brothers be,

              and form one family

              the wide-world o’er.

                            (Abraham Lincoln)

            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: Ethan Crider, Courtney Bland and Michael Barr.

            The Journal of the twenty-eighth day was approved as corrected.

HOUSE CONCURRENT RESOLUTIONS

            Representative Wilson (130), et al., offered House Concurrent Resolution No. 23.

            Representative Faith, et al., offered House Concurrent Resolution No. 24.

            Representative Bowman, et al., offered House Concurrent Resolution No. 25.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 759

                        through

            House Resolution No. 770 - Representative Pearce

            House Resolution No. 771 - Representative Kingery

            House Resolution No. 772 - Representative Wells

            House Resolution No. 773 - Representative Smith (14), et al.

            House Resolution No. 774

                        through

            House Resolution No. 779 - Representative Brown (30)

            House Resolution No. 780

                        and

            House Resolution No. 781 - Representative Smith (14), et al.

            House Resolution No. 782 - Representative Lager

            House Resolution No. 783 - Representative Kraus

            House Resolution No. 784 - Representative Kelly

            House Resolution No. 785 - Representative Bland

            House Resolution No. 786

                        and

            House Resolution No. 787 - Representative Pearce

            House Resolution No. 788 - Representative Henke

            House Resolution No. 789

                        through

            House Resolution No. 791 - Representative Cooper (158)

            House Resolution No. 792 - Representative Jetton

            House Resolution No. 793 - Representative Smith (14), et al.

            House Resolution No. 794 - Representative Haywood

            House Resolution No. 795 - Representative Smith (14), et al.

            House Resolution No. 796 - Representative Lembke

            House Resolution No. 797 - Representative Bowman

            House Resolution No. 798 - Representative Parson

            House Resolution No. 799 - Representative Bivins, et al.

SECOND READING OF HOUSE BILLS

            HB 1839 through HB 1860 were read the second time.

PERFECTION OF HOUSE BILL - APPROPRIATIONS

            HCS HB 1014, relating to appropriations, was taken up by Representative Icet.

            Representative Icet offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1014, Page 9, Section 14.225, Line 3, by inserting immediately thereafter the following section:

              "Section 14.230. To the Supreme Court

              For the purpose of funding the Circuit Courts

                   Personal Service

              From General Revenue Fund..............................$62,130"; and

              adjust bill totals accordingly.

            On motion of Representative Icet, House Amendment No. 1 was adopted.

            Representative Donnelly offered House Amendment No. 2.

            Representative Flook raised a point of order that House Amendment No. 2 goes beyond the scope of the bill.

            The Chair ruled the point of order well taken.

            Representative Fraser requested a division of the question on HCS HB 1014, as amended.

            On motion of Representative Icet, Part I of HCS HB 1014 was adopted by the following vote:

            On motion of Representative Icet, Part II of HCS HB 1014 was adopted by the following vote:

            On motion of Representative Icet, Part III of HCS HB 1014, as amended, was adopted by the following vote:

            On motion of Representative Icet, HCS HB 1014, as amended, was ordered perfected and printed by the following vote:

            Speaker Jetton assumed the Chair.

SIGNING OF SENATE BILL

            All other business of the House was suspended while SCS SB 578 was read at length and, there being no objection, was signed by the Speaker to the end that the same may become law.

            Speaker Pro Tem Bearden resumed the Chair.

SUPPLEMENTAL CALENDAR

FEBRUARY 23, 2006

HOUSE BILL FOR THIRD READING - APPROPRIATIONS

HCS HB 1014 - Icet

THIRD READING OF HOUSE BILL - APPROPRIATIONS

            HCS HB 1014, relating to appropriations, was taken up by Representative Icet.

            On motion of Representative Icet, HCS HB 1014 was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

REFERRAL OF HOUSE RESOLUTIONS

            The following House Resolutions were referred to the Committee indicated:

HR 531 - Rules

HR 558 - Rules

HR 673 - Rules

HR 674 - Rules

HR 702 - Rules

HR 715 - Rules

REFERRAL OF HOUSE BILLS

            The following House Bills were referred to the Committee indicated:

HB 1087 - Insurance Policy

HB 1088 - Insurance Policy

HB 1281 - Elementary and Secondary Education

HB 1321 - Crime Prevention and Public Safety

HB 1322 - Crime Prevention and Public Safety

HB 1324 - Judiciary

HB 1407 - Senior Citizen Advocacy

HB 1413 - Judiciary

HB 1414 - Insurance Policy

HB 1438 - Crime Prevention and Public Safety

HB 1454 - Judiciary

HB 1455 - Utilities

HB 1477 - Health Care Policy

HB 1479 - Special Committee on Urban Issues

HB 1504 - Insurance Policy

HB 1525 - Elections

HB 1526 - Elections

HB 1530 - Judiciary

HB 1536 - Special Committee on Urban Issues

HB 1560 - Senior Citizen Advocacy

HB 1571 - Judiciary

HB 1575 - Workforce Development and Workplace Safety

HB 1577 - Special Committee on Agri-Business

HB 1578 - Utilities

HB 1588 - Insurance Policy

HB 1589 - Professional Registration and Licensing

HB 1592 - Professional Registration and Licensing

HB 1595 - Professional Registration and Licensing

HB 1599 - Insurance Policy

HB 1600 - Conservation and Natural Resources

HB 1602 - Health Care Policy

HB 1603 - Utilities

HB 1605 - Utilities

HB 1607 - Special Committee on Student Achievement and Finance

HB 1611 - Local Government

HB 1612 - Insurance Policy

HB 1613 - Insurance Policy

HB 1618 - Corrections and Public Institutions

HB 1628 - Retirement

HB 1631 - Elections

HB 1637 - Crime Prevention and Public Safety

HB 1638 - Judiciary

HB 1643 - Special Committee on Student Achievement and Finance

HB 1644 - Local Government

HB 1654 - Ways and Means

HB 1671 - Ways and Means

HB 1672 - Crime Prevention and Public Safety

HB 1675 - Special Committee on Student Achievement and Finance

HB 1687 - Health Care Policy

HB 1693 - Professional Registration and Licensing

HB 1697 - Job Creation and Economic Development

HB 1700 - Professional Registration and Licensing

HB 1703 - Insurance Policy

HB 1722 - Tourism

HB 1726 - Local Government

HB 1728 - Utilities

HB 1732 - Health Care Policy

HB 1739 - Agriculture Policy

HB 1757 - Professional Registration and Licensing

HB 1758 - Professional Registration and Licensing

HB 1759 - Professional Registration and Licensing

HB 1760 - Professional Registration and Licensing

HB 1761 - Conservation and Natural Resources

HB 1762 - Veterans

HB 1767 - Senior Citizen Advocacy

HB 1769 - Special Committee on Student Achievement and Finance

HB 1773 - Ways and Means

HB 1781 - Tourism

HB 1782 - Job Creation and Economic Development

HB 1783 - Special Committee on Urban Issues

HB 1792 - Insurance Policy

HB 1827 - Small Business

HB 1837 - Insurance Policy

RE-REFERRAL OF HOUSE BILLS

            The following House Bills were re-referred to the Committee indicated:

HB 1149 - Special Committee on Energy and Environment

HB 1444 - Health Care Policy

COMMITTEE REPORTS

            Committee on Rules, Chairman Cooper (120) reporting:

            Mr. Speaker: Your Committee on Rules, to which was referred HJR 39, 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 978, 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 1026, 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 1100, 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 1168, 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 1204, 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 1232, 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 1251, 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 1302, 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 1305, 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 1344, 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 1466, begs leave to report it has examined the same and recommends that it Do Pass - Federal Mandate.

            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 1485, 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 1539, begs leave to report it has examined the same and recommends that it Be Returned to Committee of Origin.

            Committee on Agriculture Policy, Chairman Myers reporting:

            Mr. Speaker: Your Committee on Agriculture Policy, to which was referred HB 1349, 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 Crime Prevention and Public Safety, Chairman Lipke reporting:

            Mr. Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred HB 1317, 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 Elementary and Secondary Education, Chairman Cunningham (86) reporting:

            Mr. Speaker: Your Committee on Elementary and Secondary Education, to which was referred HB 1058, 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.

            Mr. Speaker: Your Committee on Elementary and Secondary Education, to which was referred HB 1151, 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 Local Government, Chairman Johnson (47) reporting:

            Mr. Speaker: Your Committee on Local Government, to which was referred HB 1343, 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.

            Mr. Speaker: Your Committee on Local Government, to which was referred HB 1424, 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 1306, 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.

            Mr. Speaker: Your Committee on Retirement, to which was referred HB 1357, 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.

MESSAGES FROM THE SENATE

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 629, entitled:

            An act to repeal section 144.062, RSMo, and to enact in lieu thereof one new section relating to sales tax exemption for highway construction materials.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SBs 701 & 948, entitled:

            An act to repeal section 173.239, RSMo, and to enact in lieu thereof one new section relating to national guard member educational assistance grants.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 744, entitled:

            An act to repeal sections 144.030 and 144.062, RSMo, and to enact in lieu thereof two new sections relating to a sales tax exemption on motor fuel used for agricultural purposes.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 773, entitled:

            An act to repeal sections 274.110 and 348.432, RSMo, and to enact in lieu thereof three new sections relating to agriculture.

            In which the concurrence of the House is respectfully requested.

INTRODUCTION OF HOUSE JOINT RESOLUTION

            The following House Joint Resolution was read the first time and copies ordered printed:

HJR 50, introduced by Representatives Schoemehl, Fraser, Jolly, Harris (23), Low (39), Walton, Bivins, Fares, Corcoran, Page, Bogetto, Vogt, Walsh, Lampe, Darrough, Yaeger, George and Meiners, relating to school district bond elections.

INTRODUCTION OF HOUSE BILLS

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

HB 1861, introduced by Representative Cooper (155), relating to fees for architectural plan review of new construction for certain health care facilities.

HB 1862, introduced by Representatives Johnson (90), Lipke, Harris (23), Roorda, Jones, Parson and Dusenberg, relating to booking charges.

HB 1863, introduced by Representatives Villa, Avery, Schneider, Daus and Parker, relating to gaming.

HB 1864, introduced by Representatives Kraus, McGhee, Davis, Cunningham (86), Moore, Wildberger and Darrough, relating to prohibiting the admission of aliens unlawfully present in the United States at public institutions of higher education.

HB 1865, introduced by Representatives Bearden, Jetton, Dempsey, Ruestman, Dixon, Munzlinger, Ervin, Baker (23), Cooper (120), Icet, Nieves, Sander, Kingery, Flook, Cooper (155), Cunningham (86), Schneider, Faith, Sutherland, Wilson (119), Kraus, McGhee, Stevenson, Muschany, May, Smith (14), Moore, Threlkeld, Nance, Tilley, Guest, Phillips, Lipke and Bruns, relating to higher education.

HB 1866, introduced by Representative Storch, relating to signing petitions illegally.

HB 1867, introduced by Representatives Dougherty, Phillips, Wildberger, Baker (25), Young and Davis, relating to driver's education.

HB 1868, introduced by Representatives Faith, Zweifel, Dixon, Corcoran, Harris (23), Meiners, Roorda, Oxford, Kuessner, Baker (25), Jackson, Nieves, Meadows, Harris (110), St. Onge, Schneider, Rupp, May, Dempsey, Muschany, Portwood, Bivins, Lembke, Avery, Page, Pollock, Nance, Schlottach, Cooper (155), Richard, Stevenson, Hobbs, Bean, Weter, Johnson (47), Wright (137), Sutherland, Tilley, Ervin, Smith (14), Jones, Parker, Fisher, Bruns, Silvey, Wood, Denison, Munzlinger, Kelly, Cooper (158), Marsh, Myers, Deeken, Wallace and Quinn, relating to the health care responsibility act.

HB 1869, introduced by Representatives Sanders Brooks, Boykins, Hoskins, Low (39), El-Amin, Curls, Wright (137), Bland, Jetton, Meiners, Bowman, Hughes, Hubbard, Chappelle-Nadal, Wildberger, Skaggs, Swinger, Oxford, Johnson (61) and Parker, relating to eligibility for public assistance.

HB 1870, introduced by Representatives Kratky, Chappelle-Nadal, Portwood, Spreng, Vogt, Baker (25), Salva, Meiners, Avery, Nance, Pollock, Yates, Richard, Jones, Dusenberg, Day, Jackson, Cooper (120), Nieves, Tilley, Bowman, Lampe, Harris (110), Weter, Moore, Storch, Lembke, Johnson (90), Oxford, Walsh, Villa, Daus, Yaeger, Stevenson, Wright (137), Sutherland and Cunningham (145), relating to income tax credits for hiring disabled workers.

HB 1871, introduced by Representatives Boykins, Sanders Brooks, Wright-Jones, Bowman, Storch, Walton, Bland, Fraser, Johnson (61), Lampe, Hughes, Portwood, Shoemyer, Bringer, Wright (137), Curls, Liese and Haywood, relating to the parents, tutors, and volunteers incentive program.

HB 1872, introduced by Representatives Page and Harris (110), relating to the green power initiative.

WITHDRAWAL OF HOUSE BILL

February 22, 2006

Steve Davis

Chief Clerk

Missouri House of Representatives

RE: House Bill No. 1721

Dear Mr. Davis:

Please allow this letter to serve as my request to withdraw House Bill No. 1721.

If you have any questions, please contact my office.

Sincerely,

/s/ Rep. Walter R. Bivins

District 97

ADJOURNMENT

            On motion of Representative Dempsey, the House adjourned until 3:00 p.m., Friday, February 24, 2006.

CORRECTION TO THE HOUSE JOURNAL

AFFIDAVIT

I, State Representative Charlie Denison, District 135, hereby state and affirm that my vote as recorded on Page 301 of the House Journal for Wednesday, February 22, 2006 showing that I voted absent with leave was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted aye. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.

IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 23rd day of February 2006.

                                                                                                    /s/ Charlie Denison

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )

Subscribed and sworn to before me this 23rd day of February in the year 2006.

                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

COMMITTEE MEETINGS

AGRICULTURE POLICY

Tuesday, February 28, 2006, 12:30 p.m. Hearing Room 1.

Possible Executive session.

Public hearing to be held on: HB 1369

CORRECTIONS AND PUBLIC INSTITUTIONS

Wednesday, March 1, 2006, 8:00 a.m. Hearing Room 6.

Executive session to follow.

Public hearings to be held on: HB 998, HB 1432

CRIME PREVENTION AND PUBLIC SAFETY

Tuesday, February 28, 2006, 5:00 p.m. Hearing Room 1.

Executive session may follow.

Public hearings to be held on: HB 1083, HB 1312, HB 1322

ELECTIONS

Tuesday, February 28, 2006, 6:00 p.m. Hearing Room 5.

Public hearings to be held on: HB 1542, HB 1528, HB 1499

Executive session will be held on: HB 977, HB 1194

LOCAL GOVERNMENT

Tuesday, February 28, 2006, 3:00 p.m. Hearing Room 6.

Executive session.

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

SPECIAL COMMITTEE ON STUDENT ACHIEVEMENT AND FINANCE

Tuesday, February 28, 2006, 8:00 a.m. Hearing Room 1.

Executive session may follow. AMENDED

Public hearings to be held on: HB 1511, HB 1770, HB 1769

VETERANS

Wednesday, March 1, 2006, 8:00 a.m. Hearing Room 5.

Executive session may follow.

Public hearings to be held on: HB 1552, HB 1746

WORKFORCE DEVELOPMENT AND WORKPLACE SAFETY

Monday, February 27, 2006, House Chamber side gallery upon afternoon adjournment.

HOUSE CALENDAR

THIRTIETH DAY, FRIDAY, FEBRUARY 24, 2006

HOUSE JOINT RESOLUTION FOR SECOND READING

HJR 50

HOUSE BILLS FOR SECOND READING

HB 1861 through HB 1872

HOUSE JOINT RESOLUTIONS FOR PERFECTION

1          HJR 40 - Avery

2          HJR 44 - Whorton

HOUSE BILLS FOR PERFECTION

1          HCS HB 1456 - Roark                       (4 hours debate on Perfection)

2          HB 1249 - Spreng

3          HCS HB 1742 - Portwood

4          HCS HB 1070 - Johnson (47)

5          HCS HB 1145, 1359 & 1121 - Portwood

6          HCS HB 1078 - Cunningham (145)

7          HB 1310 - Lipke

8          HCS HB 1380 - St. Onge

HOUSE BILL FOR PERFECTION - FEDERAL MANDATE

HB 1466 - Daus

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)

 (2/24/06)

1          HCS HB 978 - Smith (14)

2          HB 1251 - Guest

3          HCS HB 1344 - Villa

4          HCS HB 1168 - Tilley

5          HB 1204 - Roorda

6          HCS HB 1100 - Schaaf

7          HCS HB 1232 - Smith (118)

SENATE BILLS FOR SECOND READING

1          SB 629

2          SCS SBs 701 & 948

3          SCS SB 744

4          SCS SB 773

HOUSE CONCURRENT RESOLUTION

HCR 13, (2-15-06, Pages 255-256) - Sater