Journal of the House


Second Regular Session, 93rd General Assembly




THIRTY-FIRST DAY, Monday, February 27, 2006

The House met pursuant to adjournment.


            Speaker Pro Tem Bearden in the Chair.


            Prayer by Reverend James Earl Jackson.


              Lord God, we give thanks to You, for You are good and Your mercy endures forever.


              Let Your ear now be attentive and Your eyes open to listen to the prayer of Your servants which we pray before You day and night for the residents of this state: Prayers for provisions, consolation, strength of purpose and prayers for divine intervention into troubled lives.


              Cause us, each day, to learn more about Your plans for this day, this week, this session, because we trust You. So we come to You in prayer, asking for Your guidance.


              In our thoughts, deliberations, and activities this week, may we have the courage to renounce manipulation, reject pressure, and resist the fear of failure.


              May You, God Almighty, bless us, and make the work of our hand fruitful and develop in us Your vision for this present assembly and the state of Missouri.


              We ask these things in the name of Your Son. Amen.


            The Pledge of Allegiance to the flag was recited.


            The Journal of the twenty-ninth day was approved as printed.


            The Journal of the thirtieth day was approved as printed.

 

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 803 - Representative Pratt

            House Resolution No. 804

                        and

            House Resolution No. 805 - Representative Davis

            House Resolution No. 806 - Representative Pollock

            House Resolution No. 807 - Representative Wells

            House Resolution No. 808

                        through

            House Resolution No. 814 - Representative Phillips


            House Resolution No. 815

                        through

            House Resolution No. 821 - Representative Whorton

            House Resolution No. 822 - Representatives Hubbard and Storch

            House Resolution No. 823 - Representative Aull

            House Resolution No. 824 - Representative Quinn

            House Resolution No. 825 - Representative Liese

            House Resolution No. 826

                        and

            House Resolution No. 827 - Representative Johnson (61)

            House Resolution No. 828 - Representative Rector

            House Resolution No. 829

                        through

            House Resolution No. 831 - Representative Skaggs

            House Resolution No. 832 - Representative Ervin

            House Resolution No. 833 - Representative Wright (137)

 

SECOND READING OF HOUSE BILLS - APPROPRIATIONS


            HB 1001 through HB 1013 were read the second time.


SECOND READING OF HOUSE BILLS


            HB 1873 through HB 1877 were read the second time.


SPECIAL RECOGNITION


            Tessa Vellek was introduced by Representative Harris (23) and recognized for receiving the “Nestle´ Very Best in Youth Award.”


            Representative Black assumed the Chair.


PERFECTION OF HOUSE BILL


            HB 1249, relating to a sales and use tax exemption, was taken up by Representative Spreng.

 

            On motion of Representative Spreng, HB 1249 was ordered perfected and printed by the following vote:


AYES: 145

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bean

Bearden

Behnen

Bivins

Black

Bogetto

Bringer

Brown 50

Bruns

Burnett

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

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

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robinson

Roorda

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schoemehl

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

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Robb

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 014

 

 

 

 

 

 

Bland

Bowman

Boykins

Brooks

Brown 30

Chappelle-Nadal

Darrough

Hughes

Johnson 90

Parker

Rucker

Schneider

Self

Yaeger

 

 

 

 

 

 

VACANCIES: 003

 

REFERRAL OF HOUSE BILLS - APPROPRIATIONS


            The following House Bills were referred to the Committee indicated:


HB 1001 - Budget

HB 1002 - Budget

HB 1003 - Budget

HB 1004 - Budget

HB 1005 - Budget

HB 1006 - Budget

HB 1007 - Budget

HB 1008 - Budget

HB 1009 - Budget

HB 1010 - Budget

HB 1011 - Budget

HB 1012 - Budget

HB 1013 - Budget REFERRAL OF HOUSE BILLS


            The following House Bills were referred to the Committee indicated:


HB 1340 - Transportation

HB 1522 - Elementary and Secondary Education

HB 1561 - Professional Registration and Licensing

HB 1583 - Transportation

HB 1649 - Ways and Means

HB 1685 - Special Committee on Energy and Environment

HB 1704 - Transportation

HB 1752 - Special Committee on General Laws

HB 1756 - Elementary and Secondary Education

HB 1780 - Transportation

HB 1811 - Workforce Development and Workplace Safety

 

COMMITTEE REPORTS


            Committee on Children and Families, Chairman Phillips reporting:


            Mr. Speaker: Your Committee on Children and Families, to which was referred HB 974, 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 Veterans, Chairman Jackson reporting:


            Mr. Speaker: Your Committee on Veterans, to which was referred HB 984, 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 Veterans, to which was referred HB 1141, 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.


            Mr. Speaker: Your Committee on Veterans, to which was referred HB 1491, 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 1878, introduced by Representatives Dixon, Wildberger, Sander and Wood, relating to prior, persistent, and predatory sexual offenders.


HB 1879, introduced by Representatives Dixon and Flook, relating to school zones.


HB 1880, introduced by Representative Dixon, relating to the cost of imprisonment in jail in certain counties.


HB 1881, introduced by Representatives Dixon, Page and Wood, relating to escape from commitment or detention.


HB 1882, introduced by Representatives Dixon, Wildberger, Sander and Wood, relating to enhanced punishment for certain crimes.


HB 1883, introduced by Representatives Dixon, Sander and Wood, relating to misrepresentation of age by a minor to obtain liquor.


HB 1884, introduced by Representative Behnen, relating to real estate appraisers.


HB 1885, introduced by Representative Behnen, relating to real estate appraisers.


HB 1886, introduced by Representatives Wright (137), Bowman, Boykins, Walton, Portwood, Curls, Hughes, Lembke, Haywood, Marsh, Wood, Cunningham (145) and Faith, relating to tax credits for sponsors of after-school programs.

 

COMMUNICATIONS FROM THE SECRETARY OF THE STATE


TO THE CHIEF CLERK OF THE MISSOURI HOUSE

Stephen S. Davis

Jefferson City, MO


Sir:


              I, Robin Carnahan, Secretary of State of the State of Missouri, hereby certify that at the Special Election held in the 105th Legislative District in the State of Missouri, on the 7th day of February, 2006, as provided by law, the following named person was elected to the office of State of Representative, 105th Legislative District as shown by the election results certified to this office by the election authorities of the 105th Legislative District.

 

Name                                                                            Office

 

Michael R. Frame                                                         State Representative

416 Maple Hollow Trail                                               105th Legislative District

Eureka, MO 63025


                                                                                      IN WITNESS WHEREOF, I have hereunto

                                                                                      set my hand and affixed the seal of my office

                                                                                      this 23rd day of February, 2006.


                                                                                /s/ Robin Carnahan

                                                                                      Secretary of State                                                           

__________________



TO THE CHIEF CLERK OF THE MISSOURI HOUSE

Stephen S. Davis

Jefferson City, MO


Sir:


              I, Robin Carnahan, Secretary of State of the State of Missouri, hereby certify that at the Special Election held in the 132nd Legislative District in the State of Missouri, on the 7th day of February, 2006, as provided by law, the following named person was elected to the office of State Representative, 132nd Legislative District as shown by the election results certified to this office by the election authority of the 132nd Legislative District.

 

Name                                                                            Office

 

Charles Dake                                                                State Representative

1856 Lawrence 1135                                                    132nd Legislative District

Miller, MO 65707 


                                                                                      IN WITNESS WHEREOF, I have hereunto

                                                                                      set my hand and affixed the seal of my office

                                                                                      this 23rd day of February, 2006.


                                                                                /s/ Robin Carnahan

                                                                                      Secretary of State

__________________

 


TO THE CHIEF CLERK OF THE MISSOURI HOUSE

Stephen S. Davis

Jefferson City, MO


Sir:


              I, Robin Carnahan, Secretary of State of the State of Missouri, hereby certify that at the Special Election held in the 93rd Legislative District in the State of Missouri, on the 7th day of February, 2006, as provided by law, the ollowing named person was elected to the office of State Representative, 93rd Legislative District as shown by the election results certified to this office by the election authority of the 93rd Legislative District.

 

Name                                                                            Office

 

Dwight Scharnhorst                                                      State Representative

870 Hillsboro Road                                                       93rd Legislative District

Valley Park, MO 63088


                                                                                      IN WITNESS WHEREOF, I have hereunto

                                                                                      set my hand and affixed the seal of my office

                                                                                      this 23rd day of February, 2006.


                                                                                /s/ Robin Carnahan

                                                                                      Secretary of State

                                                                                      

            The following members’ presence was noted: Bland, Hughes, Sanders Brooks and Self.

 



 


             

 

ADJOURNMENT


            On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Tuesday, February 28, 2006.

                                                     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


BUDGET

Wednesday, March 1, 2006, 8:15 a.m. Hearing Room 3.

Executive session may follow.

Public hearings to be held on: HB 1001, HB 1002, HB 1003, HB 1004, HB 1005, HB 1006,

HB 1007, HB 1008, HB 1009, HB 1010, HB 1011, HB 1012, HB 1013


BUDGET

Thursday, March 2, 2006, 8:15 a.m. Hearing Room 3.

Executive session may follow.

Public hearings to be held on: HB 1001, HB 1002, HB 1003, HB 1004, HB 1005, HB 1006,

HB 1007, HB 1008, HB 1009, HB 1010, HB 1011, HB 1012, HB 1013


BUDGET

Friday, March 3, 2006, 8:00 a.m. Hearing Room 3.

Executive session may follow.

Public hearings to be held on: HB 1001, HB 1002, HB 1003, HB 1004, HB 1005, HB 1006,

HB 1007, HB 1008, HB 1009, HB 1010, HB 1011, HB 1012, HB 1013


BUDGET

Monday, March 6, 2006, 12:00 p.m. Hearing Room 3.

Executive session may follow.

Public hearings to be held on: HB 1001, HB 1002, HB 1003, HB 1004, HB 1005, HB 1006,

HB 1007, HB 1008, HB 1009, HB 1010, HB 1011, HB 1012, HB 1013


CHILDREN AND FAMILIES

Wednesday, March 1, 2006, 8:00 a.m. Hearing Room 7.

Executive session may follow.

Public hearing to be held on: HB 1678


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


ELEMENTARY AND SECONDARY EDUCATION

Wednesday, March 1, 2006, 8:00 a.m. Hearing Room 4.

Executive session may follow.

Public hearings to be held on: HB 1281, HB 1474, HB 1059


INSURANCE POLICY

Tuesday, February 28, 2006, 3:30 p.m. Hearing Room 4.

Executive session may follow.

Public hearings to be held on: HB 1504, HB 1703, HB 1837


JUDICIARY

Tuesday, February 28, 2006, 12:00 p.m. Hearing Room 7.

Executive session may follow.

Public hearings to be held on: HB 1257, HB 1436


LOCAL GOVERNMENT

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

Executive session.


LOCAL GOVERNMENT

Thursday, March 2, 2006, 8:00 a.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 1442, HB 1726


RETIREMENT

Wednesday, March 1, 2006, 6:00 p.m. Hearing Room 7.

Executive session may follow.

Public hearings to be held on: HB 1128, HB 1628


RULES

Tuesday, February 28, 2006, Hearing Room 4 upon morning adjournment.

Executive session may follow.

Public hearings to be held on: HR 702, HR 673, HR 531, HR 715, HR 674





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

Tuesday, February 28, 2006, Hearing Room 4 upon morning adjournment.

Executive session may follow.

Public hearings to be held on: HB 1162, HCS HB 1151, HCS HB 1349, HB 994, HCS HB 1153, HCS HB 1367, HB 1058, HB 1320, HCS HB 1317, HCS HB 1366, HB 1424, HCS HB 1343, HCS HB 1306, HCS HB 1357


SPECIAL COMMITTEE ON GENERAL LAWS

Tuesday, February 28, 2006, 3:00 p.m. Hearing Room 7.

Executive session may follow. AMENDED

Public hearings to be held on: HB 1110, HB 1103, HB 1375, HB 1461, HB 1559


SPECIAL COMMITTEE ON STUDENT ACHIEVEMENT AND FINANCE

Wednesday, March 1, 2006, 12:00 p.m. Hearing Room 7.

Executive session may follow. AMENDED

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


TOURISM

Tuesday, February 28, 2006, 12:00 p.m. Hearing Room 5.

Executive session may follow.

Public hearings to be held on: HB 1722, HB 1781


TRANSPORTATION

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

Executive session may follow.

Public hearings to be held on: HB 1267, HB 1338, HB 1541


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

 

HOUSE CALENDAR


THIRTY-SECOND DAY, TUESDAY, FEBRUARY 28, 2006


HOUSE BILLS FOR SECOND READING


HB 1878 through HB 1886


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          HCS HB 1742 - Portwood

3          HCS HB 1070 - Johnson (47)

4          HCS HB 1145, 1359 & 1121 - Portwood

5          HCS HB 1078 - Cunningham (145)

6          HB 1310 - Lipke

7          HCS HB 1380 - St. Onge


HOUSE BILL FOR PERFECTION - FEDERAL MANDATE


HB 1466 - Daus


HOUSE BILLS FOR PERFECTION - CONSENT


 (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)


HOUSE BILL FOR THIRD READING


HB 1249 - Spreng


HOUSE BILLS FOR THIRD READING - CONSENT

 

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


HOUSE CONCURRENT RESOLUTION


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