Journal of the House

Second Regular Session, 93rd General Assembly

THIRTY-THIRD DAY, Wednesday, March 1, 2006

The House met pursuant to adjournment.

            Speaker Jetton in the Chair.

            Prayer by Reverend James Earl Jackson.

              O Lord, who can put into words and tell all Your mighty deeds? Who can show forth all the praise [that is due You]?

              We lift our eyes to You this morning, depending wholeheartedly on Your sense of purpose, receiving Your favor and amazed at Your patience.

              When the days become long and we grow weary to the point of exhaustion: loaded with burdens You never intended us to bear; bending beneath its weight, You alone cause us to cease from our labor, You take away our burdens and refresh us with rest.

              Though we don’t always get it right, though we don’t always agree on the proper course, may our purest motive be to please You and to leave this state in better condition than when we first began.

              May the Lord, Who loved us and, in Your special favor, gave us everlasting comfort and good hope, comfort our hearts and give us strength in every good thing we do and say.

              We ask these things in the name of Your Son. Amen and 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: Chelsey Jones, Kammy Miller, Edvija Jahic, Tyler Miller, Hayley Creech, Avery Loring, Meaghann Penglis, Miranda Crane, Audra Gilstrap, Camille Hackamack, Emily Haines, Emily Richards, Caleb Alberts, Benjamin Dunn, Adam Hayes, Matthew Norman, Daniel Ouellette, Laura Percival, Javon Clark, Brandon Frank, Danielle Signaigo, Elizabeth Stenberg, Martha Roth, Vincent Vance, Christianna Hudson, Christina Burton, Rae Graupman, Kole Berrey, Zane Crigler, Brooke Hunt, Tiffanie Toles, Amber Dry, Lawrence Patterson, Mersades Johnson and Mindy Behlmann.

            The Journal of the thirty-second day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 930 - Representative Dougherty

            House Resolution No. 931

                        and

            House Resolution No. 932 - Representative Casey

            House Resolution No. 933 - Representative Smith (150)

            House Resolution No. 934 - Representatives Marsh and Moore

            House Resolution No. 935 - Representative Smith (118)

            House Resolution No. 936

                        and

            House Resolution No. 937 - Representative Chinn

            House Resolution No. 938 - Representative Smith (118)

            House Resolution No. 939 - Representative Lipke

            House Resolution No. 940 - Representative Cooper (120)

            House Resolution No. 941 - Representative Frame

            House Resolution No. 942 - Representative Wilson (119)

            House Resolution No. 943

                        through

            House Resolution No. 957 - Representative Hobbs

            House Resolution No. 958

                        and

            House Resolution No. 959 - Representative Sater

            House Resolution No. 960 - Representative Wildberger

            House Resolution No. 961 - Representative Haywood

            House Resolution No. 962 - Representative Dethrow

            House Resolution No. 963 - Representative George

            House Resolution No. 964 - Representative Brown (30)

            House Resolution No. 965 - Representative Swinger

            House Resolution No. 966 - Representative Sanders Brooks

            House Resolution No. 967

                        through

            House Resolution No. 980 - Representative Schad

            House Resolution No. 981

                        and

            House Resolution No. 982 - Representative Bruns

HOUSE CONCURRENT RESOLUTION

            Representative Dixon, et al., offered House Concurrent Resolution No. 26.

SECOND READING OF HOUSE BILLS

            HB 1887 through HB 1905 were read the second time.

PERFECTION OF HOUSE BILLS

            HCS HB 1742, relating to disabled employees’ medical assistance, was taken up by Representative Portwood.

            Representative Baker (25) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1742, Page 2, Section 208.146, Line 30, by deleting “two thousand five hundred” and by inserting in lieu thereof the following: “five thousand”.

            On motion of Representative Baker (25), House Amendment No. 1 was adopted by the following vote:

            Speaker Pro Tem Bearden assumed the Chair.

            Representative Meiners offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1742, Page 2, Section 208.146, Line 33, by deleting “two thousand five hundred” and by inserting in lieu thereof the following: “five thousand”.

            On motion of Representative Meiners, House Amendment No. 2 was adopted.

            Representative Chappelle-Nadal offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 1742, Pages 2 and 3, Section 208.146, Lines 48-62, by deleting all of said lines and replacing with “this section. Such premium shall be four percent of such person’s gross income.”.

            Representative Chappelle-Nadal moved that House Amendment No. 3 be adopted.

            Which motion was defeated by the following vote:

            Representative Baker (25) offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill No. 1742, Page 2, Section 208.146, Line 13, by deleting the words “two hundred fifty” and replacing with the words “three hundred”.

            Representative Baker (25) moved that House Amendment No. 4 be adopted.

            Which motion was defeated by the following vote:

            On motion of Representative Portwood, HCS HB 1742, as amended, was adopted.

            On motion of Representative Portwood, HCS HB 1742, as amended, was ordered perfected and printed.

            HCS HB 1070, relating to tax increment financing, was taken up by Representative Johnson (47).

            HCS HB 1070 was laid over.

REFERRAL OF HOUSE BILLS

            The following House Bills were referred to the Committee indicated:

HB 1529 - Elections

HB 1573 - Elections

HB 1617 - Conservation and Natural Resources

HB 1623 - Transportation

HB 1625 - Special Committee on General Laws

HB 1629 - Job Creation and Economic Development

HB 1630 - Crime Prevention and Public Safety

HB 1636 - Children and Families

HB 1648 - Judiciary

HB 1652 - Judiciary

HB 1653 - Children and Families

HB 1674 - Transportation

HB 1679 - Crime Prevention and Public Safety

HB 1682 - Workforce Development and Workplace Safety

HB 1689 - Local Government

HB 1690 - Elementary and Secondary Education

HB 1692 - Ways and Means

HB 1694 - Retirement

HB 1695 - Crime Prevention and Public Safety

HB 1696 - Judiciary

HB 1699 - Insurance Policy

HB 1701 - Judiciary

HB 1707 - Local Government

HB 1708 - Crime Prevention and Public Safety

HB 1710 - Local Government

HB 1711 - Local Government

HB 1720 - Conservation and Natural Resources

HB 1723 - Special Committee on Energy and Environment

HB 1729 - Crime Prevention and Public Safety

HB 1736 - Workforce Development and Workplace Safety

HB 1747 - Insurance Policy

HB 1748 - Local Government

HB 1749 - Special Committee on Agri-Business

HB 1750 - Elementary and Secondary Education

HB 1751 - Special Committee on General Laws

HB 1754 - Special Committee on Student Achievement and Finance

HB 1763 - Insurance Policy

HB 1765 - Elections

HB 1768 - Children and Families

HB 1784 - Crime Prevention and Public Safety

HB 1785 - Judiciary

HB 1787 - Job Creation and Economic Development

HB 1790 - Conservation and Natural Resources

HB 1798 - Local Government

HB 1800 - Ways and Means

HB 1806 - Financial Institutions

HB 1807 - Judiciary

HB 1808 - Senior Citizen Advocacy

HB 1809 - Elementary and Secondary Education

HB 1812 - Ways and Means

HB 1826 - Judiciary

HB 1894 - Special Committee on Student Achievement and Finance

COMMITTEE REPORTS

            Committee on Agriculture Policy, Chairman Myers reporting:

            Mr. Speaker: Your Committee on Agriculture Policy, to which was referred HB 1270 and HB 1027, 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 Agriculture Policy, to which was referred HB 1333, 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.

            Committee on Corrections and Public Institutions, Chairman Kelly reporting:

            Mr. Speaker: Your Committee on Corrections and Public Institutions, to which was referred HB 998, 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 Corrections and Public Institutions, to which was referred HB 1432, 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.

            Committee on Insurance Policy, Chairman Yates reporting:

            Mr. Speaker: Your Committee on Insurance Policy, to which was referred HB 1101, 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.

            Committee on Local Government, Chairman Johnson (47) reporting:

            Mr. Speaker: Your Committee on Local Government, to which was referred HB 1030, HB 1033, HB 1146, HB 1225 and HB 1326, 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 Tourism, Chairman Marsh reporting:

            Mr. Speaker: Your Committee on Tourism, to which was referred HB 1722, 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 Utilities, Chairman Rector reporting:

            Mr. Speaker: Your Committee on Utilities, to which was referred HB 1632, 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 Workforce Development and Workplace Safety, Chairman Hunter reporting:

            Mr. Speaker: Your Committee on Workforce Development and Workplace Safety, to which was referred HB 1498, 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.

INTRODUCTION OF HOUSE BILLS

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

HB 1906, introduced by Representative Viebrock, relating to costs in criminal cases.

HB 1907, introduced by Representatives Darrough, Johnson (90), Roorda, Brown (50), Chappelle-Nadal, Meadows, Casey, Oxford, Salva, Spreng, Day, Yaeger, Rucker, Kuessner, Whorton, Wildberger, Weter, Zweifel, Corcoran, Harris (110), McGhee, Moore, Walsh, Munzlinger, Dusenberg, Wood, Storch, Harris (23), Dempsey, Smith (14), LeVota, Skaggs, Schoemehl and Lipke, relating to a highway designation.

HB 1908, introduced by Representatives Bogetto, Boykins, Schoemehl, Page, Brown (50), Baker (25), Sanders Brooks and Low (39), relating to prohibiting the sale of inappropriately colored firearms.

HB 1909, introduced by Representatives Burnett, Yaeger, Stevenson, Spreng and Walton, relating to debt-management services.

HB 1910, introduced by Representatives Fisher, Hunter, Dethrow and Roark, relating to public contracts.

HB 1911, introduced by Representatives Avery, Pratt, Lembke, Moore, McGhee and Roorda, relating to additional powers of the director of finance.

HB 1912, introduced by Representatives Salva and Wildberger, relating to use and occupancy restrictions for structures on lands and waters of certain hydroelectric projects.

HB 1913, introduced by Representative Chappelle-Nadal, relating to workplace violence.

HB 1914, introduced by Representatives Bruns, Deeken and Skaggs, relating to state employee retirement.

HB 1915, introduced by Representatives Bruns, Deeken and Skaggs, relating to public retirement systems.

HB 1916, introduced by Representatives Bruns, Deeken and Skaggs, relating to public retirement systems.

COMMUNICATION

March 1, 2006

Mr. Steve Davis, Chief Clerk

Missouri House of Representatives

State Capitol

Jefferson City, MO 65101

Dear Chief Davis:

This letter is to advise you that my employment is as an attorney in the law firm of Law Offices of Nathan Cooper. I am the principal of the firm.

My firm represents numerous clients. However, none of these clients (to my knowledge) has any interest in any legislation before the Missouri General Assembly. The representations exist in several states and change rapidly, so the identification of each attorney/client relationship cannot be specific.

To the extent that a particular piece of legislation directly impacts any entity, that I know to be a client of the firm, in a manner different than it impacts other similarly situated entities in that industry, I will abstain from voting on the proposal.

Should you have any questions, please feel to contact me.

Sincerely,

/s/ Nathan D. Cooper

State Representative

District 158

ADJOURNMENT

            On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Thursday, March 2, 2006.

CORRECTION TO THE HOUSE JOURNAL

            Correct House Journal, Thirty-second Day, Tuesday, February 28, 2006, Page 352, Line 3, by inserting immediately after said line the following:

REFERRAL OF HOUSE BILL

            The following House Bill was referred to the committee indicated:

HB 1249 - Fiscal Review (Fiscal Note)

COMMITTEE MEETINGS

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

HEALTH CARE POLICY

Thursday, March 2, 2006, 8:00 a.m. Hearing Room 7.

Executive session may follow. AMENDED

Public hearings to be held on: HB 1732, HB 1099, HB 1687, HB 1444

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

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

Thursday, March 2, 2006, Hearing Room 1 one hour after morning adjournment.

Public hearings to be held on: HCS HB 1275, HCS HB 974, HB 984,

HB 1491, HCS HB 1532, HB 1521, HCS HB 1270 & 1027

SPECIAL COMMITTEE ON ENERGY AND ENVIRONMENT

Tuesday, March 7, 2006, 8:00 a.m. Hearing Room 4.

Executive session may follow.

Public hearings to be held on: HB 1149, HB 1535, HB 1384

SPECIAL COMMITTEE ON GENERAL LAWS

Thursday, March 2, 2006, 9:45 a.m. Side gallery.

Executive session will be held on: HB 1110, HB 1103, HB 1375, HB 1461, HB 1559

SPECIAL COMMITTEE ON STUDENT ACHIEVEMENT AND FINANCE

Thursday, March 2, 2006, 9:00 a.m. Hearing Room 5.

Executive session. AMENDED

HOUSE CALENDAR

THIRTY-FOURTH DAY, THURSDAY, MARCH 2, 2006

HOUSE BILLS FOR SECOND READING

HB 1906 through HB 1916

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 1070 - Johnson (47)

3          HCS HB 1145, 1359 & 1121 - Portwood

4          HCS HB 1078 - Cunningham (145)

5          HB 1310 - Lipke

6          HCS HB 1380 - St. Onge

7          HCS HB 1485 - Icet

8          HCS HB 1026 - Rucker

9          HB 1302 - Cooper (155)

10        HCS HB 1305 - Smith (118)

11        HB 994 - Dusenberg

12        HCS HB 1151 - Cunningham (86)

13        HCS HB 1317 - Lipke

14        HCS HB 1349 - Loehner

HOUSE BILL FOR PERFECTION - FEDERAL MANDATE

HB 1466 - Daus

HOUSE BILLS FOR PERFECTION - CONSENT

 (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)

 (3/01/06)

1          HCS HB 1153 - Emery

2          HB 1320 - Lipke

3          HCS HB 1343 - Munzlinger

4          HCS HB 1357 - Johnson (47)

5          HCS HB 1366 - Robinson

6          HCS HB 1367 - Hobbs

7          HB 1424 - Franz

HOUSE BILLS FOR THIRD READING

1          HB 1249, (Fiscal Review 2-28-06) - Spreng

2          HCS HB 1742, E.C. - Portwood

HOUSE BILLS FOR THIRD READING - CONSENT

1          HB 1228 - Ruestman

2          HB 983 - Meadows

3          HB 1427 - Johnson (90)

4          HB 1118 - Dempsey

5          HB 1688 - Johnson (47)

6          HB 1393 - Behnen

7          HB 1234 - Loehner

8          HB 1105 - Wilson (119)

9          HB 1035 - Young

10        HCS HB 1138 - Johnson (47)

HOUSE CONCURRENT RESOLUTION

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