journal of the house627 journal of the house first regular session, 93rd general assembly...

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627 JOURNAL OF THE HOUSE First Regular Session, 93rd GENERAL ASSEMBLY THIRTY-NINTH DAY, TUESDAY, MARCH 15, 2005 The House met pursuant to adjournment. Speaker Jetton in the Chair. Prayer by Father Donald W. Lammers. Blessed are You, Lord, God of all creation, whose generosity fills the earth with resources to meet the needs of mankind. Blessed are You, who have brought us together this day to work in harmony and peace. Send down Your blessings on these Your servants, who generously devote themselves to helping the people in their districts and all the people in our state. Give them the holy experience of serving You by serving the people. Strengthen them with Your grace and wisdom for You are God forever and ever. 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: Jordan Deprow, William Rudd, Matthew Yager, Blake Buchanan, Amber Adams, Phillip Burton, Joseph Fama, Kaitlin Hollar, Hunter Mueller, Ciara Putman, Charlnae Spearman, Robert Adelman, Emilie Fox, Riley Kelly, Malcolm Lee, Briana Mann, Sunevra Penn, Jeffrey Philgreen, Jaysyn Craddock, Donale Holmes, Shala Mays, Ian Morby, Caitlyn Thomas, Elena Worley, Gabriel Anderson, Kendra Carr, Devan Dowdy, Ikenna Obilor, Robin Simmons, Richard Smith, Devan Worley-Tucker, Leslie Burton, Kierra Bryant, April Grant, Christopher Kidwell, Kelsey Mahoney, Arien Ragsdale, Nathan Allen, Travis Burtin, Victor Cole, Makayla Friday, Claire Mansur, Lanisha Merrill, Catherine Roberts, Robert Wilson, Joshua Hobbs, Margarette Pruitt, Victoria Townsend, Joseph Loyacono-Bustos, Timothy Powell, Breyana White, Reginald Johnson, Tatiana Johnson, John Samuel Lincoln, James Lucas Houchin, Tyler Wilson, Timmy Wilcox, Colton Coffell and Samantha Winkelman. The Journal of the thirty-eighth day was approved as corrected. SPECIAL RECOGNITION Students from St. Stephen’s Academy, Kansas City, Missouri, were introduced by Representative Burnett and recognized for designing a sixteen-square quilt representing core values of social justice.

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Page 1: JOURNAL OF THE HOUSE627 JOURNAL OF THE HOUSE First Regular Session, 93rd GENERAL ASSEMBLY THIRTY-NINTH DAY, TUESDAY, MARCH 15, 2005 The House met pursuant to adjournment. Speaker Jetton

627

JOURNAL OF THE HOUSE

First Regular Session, 93rd GENERAL ASSEMBLY

THIRTY-NINTH DAY, TUESDAY, MARCH 15, 2005

The House met pursuant to adjournment.

Speaker Jetton in the Chair.

Prayer by Father Donald W. Lammers.

Blessed are You, Lord, God of all creation, whose generosity fills the earth with resources to meet the needsof mankind. Blessed are You, who have brought us together this day to work in harmony and peace.

Send down Your blessings on these Your servants, who generously devote themselves to helping the peoplein their districts and all the people in our state. Give them the holy experience of serving You by serving the people.

Strengthen them with Your grace and wisdom for You are God forever and ever. 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 withoutcompensation: Jordan Deprow, William Rudd, Matthew Yager, Blake Buchanan, Amber Adams,Phillip Burton, Joseph Fama, Kaitlin Hollar, Hunter Mueller, Ciara Putman, Charlnae Spearman,Robert Adelman, Emilie Fox, Riley Kelly, Malcolm Lee, Briana Mann, Sunevra Penn, JeffreyPhilgreen, Jaysyn Craddock, Donale Holmes, Shala Mays, Ian Morby, Caitlyn Thomas, ElenaWorley, Gabriel Anderson, Kendra Carr, Devan Dowdy, Ikenna Obilor, Robin Simmons, RichardSmith, Devan Worley-Tucker, Leslie Burton, Kierra Bryant, April Grant, Christopher Kidwell,Kelsey Mahoney, Arien Ragsdale, Nathan Allen, Travis Burtin, Victor Cole, Makayla Friday, ClaireMansur, Lanisha Merrill, Catherine Roberts, Robert Wilson, Joshua Hobbs, Margarette Pruitt,Victoria Townsend, Joseph Loyacono-Bustos, Timothy Powell, Breyana White, Reginald Johnson,Tatiana Johnson, John Samuel Lincoln, James Lucas Houchin, Tyler Wilson, Timmy Wilcox, ColtonCoffell and Samantha Winkelman.

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

SPECIAL RECOGNITION

Students from St. Stephen’s Academy, Kansas City, Missouri, were introduced byRepresentative Burnett and recognized for designing a sixteen-square quilt representing core valuesof social justice.

Page 2: JOURNAL OF THE HOUSE627 JOURNAL OF THE HOUSE First Regular Session, 93rd GENERAL ASSEMBLY THIRTY-NINTH DAY, TUESDAY, MARCH 15, 2005 The House met pursuant to adjournment. Speaker Jetton

628 Journal of the House

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1249 - Representative JettonHouse Resolution No. 1250 - Representative JonesHouse Resolution No. 1251 - Representative MooreHouse Resolution No. 1252 - Representative Wright (159)House Resolution No. 1253 - Representative Deeken, et al.House Resolution No. 1254

andHouse Resolution No. 1255 - Representative LoehnerHouse Resolution No. 1256 - Representative Baker (123)House Resolution No. 1257

throughHouse Resolution No. 1260 - Representative TilleyHouse Resolution No. 1261 - Representative Cunningham (145)House Resolution No. 1262

andHouse Resolution No. 1263 - Representative DayHouse Resolution No. 1264 - Representative HunterHouse Resolution No. 1265

throughHouse Resolution No. 1267 - Representative LagerHouse Resolution No. 1268

andHouse Resolution No. 1269 - Representative Viebrock

SECOND READING OF HOUSE BILLS

HB 778 through HB 786 were read the second time.

SECOND READING OF SENATE BILLS

SB 88 and SS SCS SB 237 were read the second time.

PERFECTION OF HOUSE BILL

HCS HB 58, as amended, relating to political subdivisions, was taken up by RepresentativeJohnson (47).

Representative Zweifel offered House Amendment No. 8.

House Amendment No. 8

AMEND House Committee Substitute for House Bill No. 58, Page 11, Section 71.794, Line 45, by inserting after allof said line the following:

Page 3: JOURNAL OF THE HOUSE627 JOURNAL OF THE HOUSE First Regular Session, 93rd GENERAL ASSEMBLY THIRTY-NINTH DAY, TUESDAY, MARCH 15, 2005 The House met pursuant to adjournment. Speaker Jetton

Thirty-ninth Day–Tuesday, March 15, 2005 629

"82.291. 1. For purposes of this section, "derelict vehicle" means any motor vehicle or trailer that wasoriginally designed or manufactured to transport persons or property on a public highway, road, or street and that isjunked, scrapped, dismantled, disassembled, or in a condition otherwise harmful to the public health, welfare, peace, andsafety.

2. The owner of any property located in any home rule city with more than twenty-six thousand two hundredbut less than twenty-six thousand three hundred inhabitants, except any property subclassed as agricultural andhorticultural property pursuant to section 4(b), article X, of the Constitution of Missouri or any property containing anylicensed vehicle service or repair facility, who permits derelict vehicles or substantial parts of derelict vehicles to remainon the property other than inside a fully enclosed permanent structure designed and constructed for vehicle storage shallbe liable for the removal of the vehicles or the parts if they are declared to be a public nuisance.

3. To declare derelict vehicles or parts of derelict vehicles to be a public nuisance, the governing body of thecity shall give a hearing upon ten days' notice, either personally or by United States mail to the owner or agent, or byposting a notice of the hearing on the property. At the hearing, the governing body may declare the vehicles or the partsto be public nuisances, and may order the nuisance to be removed within five business days. If the nuisance is notremoved within the five days, the governing body or the designated city official shall have the nuisance removed andshall certify the costs of the removal to the city clerk or the equivalent official, who shall cause a special tax bill for theremoval to be prepared against the property and collected by the collector with other taxes assessed on the property, andto be assessed any interest and penalties for delinquency as other delinquent tax bills are assessed as permitted by law.

4. The provisions of this section shall terminate on August 28, [2004] 2008."; and

Further amend said title, enacting clause and intersectional references accordingly.

On motion of Representative Zweifel, House Amendment No. 8 was adopted.

Representative Portwood offered House Amendment No. 9.

Representative Shoemyer raised a point of order that the distribution of House AmendmentNo. 9 was not timely.

The Chair ruled the point of order well taken.

Representative Wagner offered House Amendment No. 10.

House Amendment No. 10

AMEND House Committee Substitute for House Bill No. 58, Section 321.322, Page 21, Line 57, by deleting the word“has”; and

Further amend said section and page, Line 58, by deleting all of said line and inserting in lieu thereof thefollowing:

“is a city of the fourth classification with more than eight thousand nine hundred but fewer than ninethousand inhabitants,”; and

Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

On motion of Representative Wagner, House Amendment No. 10 was adopted.

Representative Pratt offered House Amendment No. 11.

Page 4: JOURNAL OF THE HOUSE627 JOURNAL OF THE HOUSE First Regular Session, 93rd GENERAL ASSEMBLY THIRTY-NINTH DAY, TUESDAY, MARCH 15, 2005 The House met pursuant to adjournment. Speaker Jetton

630 Journal of the House

Representative Byrd raised a point of order that House Amendment No. 11 goes beyond thescope of the bill.

The Chair ruled the point of order well taken.

Representative Shoemyer offered House Amendment No. 12.

Speaker Pro Tem Bearden assumed the Chair.

Representative Myers raised a point of order that House Amendment No. 12 goes beyondthe scope of the bill.

The Chair ruled the point of order well taken.

Representative Burnett offered House Amendment No. 13.

House Amendment No. 13

AMEND House Committee Substitute for House Bill No. 58, Section 2, Page 26, Line 8, by inserting immediately afterall of said line the following:

“Section 3. The Missouri housing development commission is prohibited from awarding grants or loansto any home rule city with more than four hundred thousand inhabitants and located in more than one countyunless the governing body of such city has implemented oversight procedures to review expenditures anddevelopment plans for all housing contracts in excess of seventy-five thousand dollars.”; and

Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

On motion of Representative Burnett, House Amendment No. 13 was adopted.

Representative Witte offered House Amendment No. 14.

House Amendment No. 14

AMEND House Committee Substitute for House Bill No. 58, Page 14, Section 82.1025, Line 25, by inserting after allof said line the following:

"94.700. The following words, as used in sections 94.700 to 94.755, shall have the following meaning unlessa different meaning clearly appears from the context:

(1) "City" shall mean any incorporated city, town, or village in the state of Missouri with a population of [two]one hundred or more, but the term "city" does not include any city not within a county or any city of over four hundredthousand inhabitants wholly or partially within a first class county;

(2) "City transit authority" shall mean a commission or board created by city charter provision or by ordinanceof a city, and which operates a public mass transportation system;

(3) "City utilities board" shall mean a board or commission created by city charter provision or by ordinanceof a city, which controls and operates city-owned utilities including a public mass transportation system;

(4) "Director of revenue" shall mean the director of revenue of the state of Missouri; (5) "Interstate transportation authority" shall mean any political subdivision created by compact between this

state and another state, which is a body corporate and politic and a political subdivision of both contracting states, andwhich operates a public mass transportation system;

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Thirty-ninth Day–Tuesday, March 15, 2005 631

(6) "Interstate transportation district" shall mean that geographical area set forth and defined in the particularcompact between this state and another state;

(7) "Person" shall mean an individual, corporation, partnership, or other entity; (8) "Public mass transportation system" shall mean a transportation system or systems owned and operated by

an interstate transportation authority, a municipality, a city transit authority, or a city utilities board, employing motorbuses, rails or any other means of conveyance, by whatsoever type or power, operated for public use in the conveyanceof persons, mainly providing local transportation service within an interstate transportation district or municipality;

(9) "Transportation purposes" shall mean financial support of a "public mass transportation system"; theconstruction, reconstruction, repair and maintenance of streets, roads and bridges within a municipality; the construction,reconstruction, repair and maintenance of airports owned and operated by municipalities; the acquisition of lands andrights-of-way for streets, roads, bridges and airports; and planning and feasibility studies for streets, roads, bridges, andairports. "Bridges" shall include bridges connecting a municipality with another municipality either within or withoutthe state, with an unincorporated area of the state, or with another state or an unincorporated area thereof."; and

Further amend said title, enacting clause and intersectional references accordingly.

On motion of Representative Witte, House Amendment No. 14 was adopted.

Representative Villa offered House Amendment No. 15.

House Amendment No. 15

AMEND House Committee Substitute for House Bill No. 58, Page 19, Section 250.140, Line 14, by deleting the word“sixty” and inserting in lieu thereof the word “ninety”; and

Further amend said bill, Section 250.140, Line 15, by deleting the word “sixty” and inserting in lieu thereof theword “ninety”.

Representative Johnson (47) offered House Amendment No. 1 to House AmendmentNo. 15.

House Amendment No. 1 to House Amendment No. 15 was withdrawn.

On motion of Representative Villa, House Amendment No. 15 was adopted.

Representative Schneider offered House Amendment No. 16.

House Amendment No. 16

AMEND House Committee Substitute for House Bill No. 58, Section 82.305, Page 13, Line 9 of said substitute, byinserting the following lines:

"83.206. No municipal governing body shall adopt any ordinance that conflicts with or supercedes anystate law concerning the natural resources and conservation of the state."; and

Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

HCS HB 58, as amended, with House Amendment No. 16, pending, was laid over.

Page 6: JOURNAL OF THE HOUSE627 JOURNAL OF THE HOUSE First Regular Session, 93rd GENERAL ASSEMBLY THIRTY-NINTH DAY, TUESDAY, MARCH 15, 2005 The House met pursuant to adjournment. Speaker Jetton

632 Journal of the House

MESSAGES FROM THE SENATE

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that theSenate refuses to recede from its position on SS SCS HCS HB 393, as amended, and grants theHouse a conference thereon.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that thePresident Pro Tem has appointed the following Conference Committee to act with a like committeefrom the House on SS SCS HCS HB 393, as amended: Senators Scott, Bartle, Shields, Callahanand Wheeler.

APPOINTMENT OF CONFERENCE COMMITTEE

The Speaker appointed the following Conference Committee to act with a like committeefrom the Senate on the following bill:

SS SCS HCS HB 393, as amended: Representatives Byrd, Pratt, Richard, Burnett andJohnson (90).

On motion of Representative Dempsey, the House recessed until 2:00 p.m.

AFTERNOON SESSION

The hour of recess having expired, the House was called to order by Speaker Pro TemBearden.

The Speaker appointed the following to act as Honorary Pages for the Day, to serve withoutcompensation: Wesley Hjelm, Bailey Seward, Jacob Benson and Luke Benson.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1270through

House Resolution No. 1273 - Representative BringerHouse Resolution No. 1274 - Representative JettonHouse Resolution No. 1275

and House Resolution No. 1276 - Representative JollyHouse Resolution No. 1277 - Representative HunterHouse Resolution No. 1278 - Representative Cooper (158)House Resolution No. 1279 - Representative Brown (30)House Resolution No. 1280 - Representative NievesHouse Resolution No. 1281

andHouse Resolution No. 1282 - Representative Avery

Page 7: JOURNAL OF THE HOUSE627 JOURNAL OF THE HOUSE First Regular Session, 93rd GENERAL ASSEMBLY THIRTY-NINTH DAY, TUESDAY, MARCH 15, 2005 The House met pursuant to adjournment. Speaker Jetton

Thirty-ninth Day–Tuesday, March 15, 2005 633

House Resolution No. 1283 - Representative Wright (137)House Resolution No. 1284 - Representative Bivins, et al.House Resolution No. 1285

throughHouse Resolution No. 1298 - Representative Jackson

PERFECTION OF HOUSE BILL

HCS HB 348, relating to military preparedness and enhancement, was taken up byRepresentative Pearce.

Representative Pearce offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 348, Section 41.1013, Pages 3 and 4, by deleting all of saidsection and inserting in lieu thereof the following:

“41.1013. 1. The governing body or county planning commission, if any, of any county of the secondclassification with more than forty-eight thousand two hundred but fewer than forty-eight thousand threehundred inhabitants shall provide for the planning, zoning, subdivision and building within all or any portionof the unincorporated area extending three thousand feet outward from the boundaries of any military baselocated in such county and the area within the perimeter of accident potential zones one and two if the countyhas a zoning commission and a board of adjustment established under sections 64.510 to 64.727, RSMo. As usedin this section, the term “accident potential zones one and two” means any land area that was identified in theApril, 1976 Air Installation Compatible Use Zone Report at the north and south ends of the clear zone of amilitary installation located in any county of the second classification with more than forty-eight thousand twohundred but fewer than forty-eight thousand three hundred inhabitants and which is in significant danger ofaircraft accidents by being beneath that airspace where the potential for aircraft accidents is most likely tooccur.”; and

Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

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

On motion of Representative Pearce, HCS HB 348, as amended, was adopted by thefollowing vote:

AYES: 152

Aull Avery Baker 123 Baker 25 BarnitzBearden Behnen Bivins Black BlandBoykins Bringer Brooks Brown 30 Brown 50Bruns Byrd Chappelle-Nadal Casey ChinnCooper 120 Cooper 155 Cooper 158 Corcoran Cunningham 145Cunningham 86 Curls Darrough Daus DavisDay Deeken Dempsey Denison DethrowDixon Donnelly Dougherty Dusenberg El-AminEmery Ervin Faith Fares FisherFlook Franz Fraser Goodman GuestHarris 110 Harris 23 Henke Hobbs HoskinsHughes Hunter Icet Jackson Johnson 47

Page 8: JOURNAL OF THE HOUSE627 JOURNAL OF THE HOUSE First Regular Session, 93rd GENERAL ASSEMBLY THIRTY-NINTH DAY, TUESDAY, MARCH 15, 2005 The House met pursuant to adjournment. Speaker Jetton

634 Journal of the House

Johnson 61 Jolly Jones Kelly KingeryKratky Kraus Kuessner Lager LampeLembke LeVota Liese Lipke LoehnerLow 39 Lowe 44 Marsh May McGheeMeadows Meiners Moore Munzlinger MuschanyMyers Nance Nieves Nolte OxfordPage Parker Pearce Pollock PortwoodPratt Quinn Rector Richard RoarkRobb Robinson Roorda Rucker RuestmanRupp Sander Sater Schaaf SchadSchlottach Schneider Schoemehl Selby SelfShoemyer Skaggs Smith 118 Smith 14 SprengStefanick Stevenson St. Onge Storch SutherlandSwinger Threlkeld Tilley Viebrock VillaVogt Wagner Wallace Walsh WaltonWasson Wells Weter Whorton WildbergerWilson 119 Wilson 130 Witte Wood Wright-JonesWright 137 Wright 159 Yaeger Yates YoungZweifel Mr Speaker

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 010

Bean Bowman Burnett George HaywoodHubbard Johnson 90 Parson Phillips Salva

VACANCIES: 001

On motion of Representative Pearce, HCS HB 348, as amended, was ordered perfected andprinted.

THIRD READING OF HOUSE BILLS - CONSENT

HB 40, relating to industrial development corporations, was taken up by RepresentativeTilley.

On motion of Representative Tilley, HB 40 was read the third time and passed by thefollowing vote:

AYES: 152

Aull Avery Baker 123 Baker 25 BarnitzBearden Behnen Bivins Black BlandBowman Boykins Bringer Brooks Brown 30Brown 50 Bruns Byrd Chappelle-Nadal CaseyChinn Cooper 120 Cooper 155 Cooper 158 CorcoranCunningham 145 Cunningham 86 Curls Darrough DausDavis Day Deeken Dempsey DenisonDethrow Dixon Donnelly Dougherty DusenbergEl-Amin Emery Ervin Faith FaresFisher Flook Franz Fraser GoodmanGuest Harris 110 Harris 23 Henke Hobbs

Page 9: JOURNAL OF THE HOUSE627 JOURNAL OF THE HOUSE First Regular Session, 93rd GENERAL ASSEMBLY THIRTY-NINTH DAY, TUESDAY, MARCH 15, 2005 The House met pursuant to adjournment. Speaker Jetton

Thirty-ninth Day–Tuesday, March 15, 2005 635

Hoskins Hughes Hunter Icet JacksonJohnson 47 Johnson 61 Jolly Jones KellyKingery Kratky Kraus Kuessner LagerLampe Lembke LeVota Liese LipkeLoehner Low 39 Lowe 44 Marsh MayMcGhee Meadows Meiners Moore MunzlingerMuschany Myers Nance Nieves NolteOxford Page Parker Pearce PollockPortwood Pratt Quinn Rector RichardRoark Robb Robinson Roorda RuckerRuestman Rupp Sander Sater SchaafSchad Schlottach Schneider Schoemehl SelbySelf Shoemyer Skaggs Smith 118 Smith 14Spreng Stefanick Stevenson St. Onge StorchSutherland Swinger Threlkeld Tilley ViebrockVilla Vogt Wagner Wallace WalshWalton Wasson Wells Weter WhortonWildberger Wilson 119 Wilson 130 Witte WoodWright-Jones Wright 159 Yaeger Yates YoungZweifel Mr Speaker

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 010

Bean Burnett George Haywood HubbardJohnson 90 Parson Phillips Salva Wright 137

VACANCIES: 001

Speaker Pro Tem Bearden declared the bill passed.

The emergency clause was adopted by the following vote:

AYES: 142

Aull Avery Baker 123 Baker 25 BarnitzBearden Behnen Bivins Black BlandBowman Boykins Bringer Brown 30 Brown 50Burnett Byrd Chappelle-Nadal Casey ChinnCooper 120 Cooper 155 Cooper 158 Cunningham 145 Cunningham 86Curls Darrough Davis Day DeekenDempsey Denison Dethrow Dixon DonnellyDougherty Dusenberg El-Amin Emery ErvinFaith Fares Fisher Flook FranzFraser Goodman Guest Harris 110 HenkeHobbs Hoskins Hughes Hunter IcetJackson Johnson 47 Jolly Jones KellyKingery Kratky Kraus Kuessner LagerLampe Lembke Liese Lipke LoehnerLow 39 Lowe 44 Marsh May McGheeMeadows Meiners Moore Munzlinger MuschanyMyers Nance Nieves Nolte PageParker Pearce Pollock Portwood Pratt

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636 Journal of the House

Quinn Rector Richard Roark RobbRobinson Roorda Rucker Ruestman RuppSander Sater Schaaf Schad SchlottachSchneider Schoemehl Selby Self ShoemyerSkaggs Smith 118 Smith 14 Spreng StefanickStevenson St. Onge Storch Sutherland SwingerThrelkeld Tilley Viebrock Villa VogtWagner Wallace Walsh Walton WassonWells Weter Wilson 119 Wilson 130 WitteWood Wright-Jones Wright 137 Yates YoungZweifel Mr Speaker

NOES: 005

Daus LeVota Whorton Wildberger Yaeger

PRESENT: 005

Corcoran Harris 23 Johnson 61 Johnson 90 Oxford

ABSENT WITH LEAVE: 010

Bean Brooks Bruns George HaywoodHubbard Parson Phillips Salva Wright 159

VACANCIES: 001

HCS HB 56, relating to referrals for health care services, was taken up by RepresentativeThrelkeld.

On motion of Representative Threlkeld, HCS HB 56 was read the third time and passed bythe following vote:

AYES: 153

Aull Avery Baker 123 Baker 25 BeardenBehnen Bivins Black Bland BowmanBoykins Bringer Brooks Brown 30 Brown 50Bruns Burnett Byrd Chappelle-Nadal CaseyChinn Cooper 120 Cooper 155 Cooper 158 CorcoranCunningham 145 Cunningham 86 Curls Darrough DausDavis Day Deeken Dempsey DenisonDethrow Dixon Donnelly Dougherty DusenbergEl-Amin Emery Ervin Faith FaresFisher Flook Franz Fraser GoodmanGuest Harris 110 Harris 23 Henke HobbsHoskins Hughes Hunter Icet JacksonJohnson 47 Johnson 61 Johnson 90 Jolly JonesKelly Kingery Kratky Kraus KuessnerLager Lampe Lembke LeVota LieseLipke Loehner Low 39 Lowe 44 MarshMay McGhee Meadows Meiners MooreMunzlinger Muschany Myers Nance NievesNolte Oxford Page Parker PearcePollock Portwood Pratt Quinn RectorRichard Roark Robb Robinson Roorda

Page 11: JOURNAL OF THE HOUSE627 JOURNAL OF THE HOUSE First Regular Session, 93rd GENERAL ASSEMBLY THIRTY-NINTH DAY, TUESDAY, MARCH 15, 2005 The House met pursuant to adjournment. Speaker Jetton

Thirty-ninth Day–Tuesday, March 15, 2005 637

Rucker Ruestman Rupp Sander SaterSchaaf Schad Schlottach Schneider SchoemehlSelby Self Shoemyer Skaggs Smith 118Smith 14 Spreng Stefanick Stevenson St. OngeStorch Sutherland Swinger Threlkeld TilleyViebrock Villa Wagner Wallace WalshWalton Wasson Wells Weter WhortonWildberger Wilson 119 Wilson 130 Witte WoodWright-Jones Wright 137 Wright 159 Yaeger YatesYoung Zweifel Mr Speaker

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 009

Barnitz Bean George Haywood HubbardParson Phillips Salva Vogt

VACANCIES: 001

Speaker Pro Tem Bearden declared the bill passed.

HB 127, relating to fire protection district boards, was taken up by Representative Bivins.

On motion of Representative Bivins, HB 127 was read the third time and passed by thefollowing vote:

AYES: 152

Aull Avery Baker 123 Baker 25 BeardenBehnen Bivins Black Bland BowmanBringer Brooks Brown 30 Brown 50 BrunsBurnett Byrd Chappelle-Nadal Casey ChinnCooper 120 Cooper 155 Cooper 158 Corcoran Cunningham 145Cunningham 86 Curls Darrough Daus DavisDay Deeken Dempsey Denison DethrowDixon Donnelly Dougherty Dusenberg El-AminEmery Ervin Faith Fares FisherFlook Franz Fraser Goodman GuestHarris 110 Harris 23 Henke Hobbs HoskinsHubbard Hughes Hunter Icet JacksonJohnson 47 Johnson 61 Johnson 90 Jolly JonesKelly Kingery Kratky Kraus LagerLampe Lembke LeVota Liese LipkeLoehner Low 39 Lowe 44 Marsh MayMcGhee Meadows Meiners Moore MunzlingerMuschany Myers Nance Nieves NolteOxford Page Parker Pearce PollockPortwood Pratt Quinn Rector RichardRoark Robb Robinson Roorda RuckerRuestman Rupp Sander Sater SchaafSchad Schlottach Schneider Schoemehl SelbySelf Shoemyer Skaggs Smith 118 Smith 14Spreng Stefanick Stevenson St. Onge Storch

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638 Journal of the House

Sutherland Swinger Threlkeld Tilley ViebrockVilla Wagner Wallace Walsh WaltonWasson Wells Weter Whorton WildbergerWilson 119 Wilson 130 Witte Wood Wright-JonesWright 137 Wright 159 Yaeger Yates YoungZweifel Mr Speaker

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 010

Barnitz Bean Boykins George HaywoodKuessner Parson Phillips Salva Vogt

VACANCIES: 001

Speaker Pro Tem Bearden declared the bill passed.

HCS HB 47, relating to consolidated public library districts, was taken up by RepresentativeBrown (30).

On motion of Representative Brown (30), HCS HB 47 was read the third time and passedby the following vote:

AYES: 150

Aull Avery Baker 123 Baker 25 BeardenBehnen Bivins Black Bland BowmanBoykins Bringer Brooks Brown 30 Brown 50Bruns Burnett Byrd Chappelle-Nadal CaseyChinn Cooper 120 Cooper 155 Cooper 158 CorcoranCunningham 145 Cunningham 86 Curls Darrough DausDavis Day Deeken Dempsey DenisonDethrow Dixon Donnelly Dougherty DusenbergEl-Amin Emery Ervin Faith FaresFisher Flook Franz Fraser GoodmanGuest Harris 110 Henke Hobbs HoskinsHubbard Hughes Hunter Icet JacksonJohnson 47 Johnson 90 Jolly Jones KellyKingery Kratky Kraus Kuessner LagerLampe Lembke Liese Lipke LoehnerLow 39 Marsh May McGhee MeadowsMeiners Moore Munzlinger Muschany MyersNance Nieves Nolte Oxford PageParker Pearce Pollock Portwood PrattQuinn Rector Richard Roark RobbRobinson Roorda Rucker Ruestman RuppSander Sater Schaaf Schad SchlottachSchneider Schoemehl Selby Self ShoemyerSmith 118 Smith 14 Spreng Stefanick StevensonSt. Onge Storch Sutherland Swinger ThrelkeldTilley Viebrock Villa Vogt WagnerWallace Walsh Walton Wasson Wells

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Thirty-ninth Day–Tuesday, March 15, 2005 639

Weter Whorton Wildberger Wilson 119 Wilson 130Witte Wood Wright-Jones Wright 137 Wright 159Yaeger Yates Young Zweifel Mr Speaker

NOES: 004

Harris 23 LeVota Lowe 44 Skaggs

PRESENT: 001

Johnson 61

ABSENT WITH LEAVE: 007

Barnitz Bean George Haywood ParsonPhillips Salva

VACANCIES: 001

Speaker Pro Tem Bearden declared the bill passed.

The emergency clause was defeated by the following vote:

AYES: 103

Avery Baker 123 Bearden Behnen BivinsBlack Boykins Brown 30 Bruns ByrdChinn Cooper 120 Cooper 155 Cooper 158 Cunningham 145Cunningham 86 Davis Day Deeken DempseyDenison Dethrow Dixon Dougherty DusenbergEmery Ervin Faith Fares FisherFlook Franz Goodman Guest HobbsHoskins Hubbard Hunter Icet JacksonJohnson 47 Jones Kelly Kingery KratkyKraus Lager Lembke Liese LipkeLoehner Marsh May McGhee MeinersMoore Munzlinger Muschany Myers NanceNieves Nolte Parker Pearce PollockPortwood Pratt Quinn Rector RichardRoark Robb Ruestman Rupp SanderSater Schaaf Schad Schlottach SchneiderSelf Smith 118 Smith 14 Stefanick StevensonSt. Onge Sutherland Threlkeld Tilley ViebrockWallace Walton Wasson Wells WeterWilson 119 Wilson 130 Wood Wright 137 Wright 159Yates Zweifel Mr Speaker

NOES: 044

Aull Baker 25 Barnitz Bland BowmanBringer Brooks Brown 50 Burnett Chappelle-NadalCasey Corcoran Curls Daus DonnellyEl-Amin Fraser Harris 110 Harris 23 HughesJohnson 90 Jolly Kuessner Lampe LeVotaLow 39 Lowe 44 Oxford Page RobinsonRucker Schoemehl Selby Shoemyer Skaggs

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640 Journal of the House

Storch Swinger Villa Vogt WalshWitte Wright-Jones Yaeger Young

PRESENT: 009

Darrough Henke Johnson 61 Meadows RoordaSpreng Wagner Whorton Wildberger

ABSENT WITH LEAVE: 006

Bean George Haywood Parson PhillipsSalva

VACANCIES: 001

HCS HBs 163, 213 & 216, relating to Veterans' medallion programs, was taken up byRepresentative Smith (14).

On motion of Representative Smith (14), HCS HBs 163, 213 & 216 was read the third timeand passed by the following vote:

AYES: 154

Aull Avery Baker 25 Barnitz BeardenBehnen Bivins Black Bland BowmanBringer Brooks Brown 30 Brown 50 BrunsBurnett Byrd Chappelle-Nadal Casey ChinnCooper 120 Cooper 155 Cooper 158 Corcoran Cunningham 145Cunningham 86 Curls Darrough Daus DavisDay Deeken Dempsey Denison DethrowDixon Donnelly Dougherty Dusenberg El-AminEmery Ervin Faith Fares FisherFlook Franz Fraser Goodman GuestHarris 110 Harris 23 Henke Hobbs HoskinsHubbard Hughes Hunter Icet JacksonJohnson 47 Johnson 61 Johnson 90 Jolly JonesKelly Kingery Kratky Kraus KuessnerLager Lampe Lembke LeVota LieseLipke Loehner Low 39 Lowe 44 MarshMay McGhee Meadows Meiners MooreMunzlinger Muschany Myers Nance NievesNolte Oxford Page Parker PearcePollock Portwood Pratt Quinn RectorRichard Roark Robb Robinson RoordaRucker Ruestman Rupp Sander SaterSchaaf Schad Schlottach Schneider SchoemehlSelby Self Shoemyer Skaggs Smith 118Smith 14 Spreng Stefanick Stevenson St. OngeStorch Sutherland Swinger Threlkeld TilleyViebrock Villa Vogt Wagner WallaceWalsh Walton Wasson Wells WeterWhorton Wildberger Wilson 119 Wilson 130 WitteWood Wright-Jones Wright 137 Wright 159 YaegerYates Young Zweifel Mr Speaker

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Thirty-ninth Day–Tuesday, March 15, 2005 641

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 008

Baker 123 Bean Boykins George HaywoodParson Phillips Salva

VACANCIES: 001

Speaker Pro Tem Bearden declared the bill passed.

The emergency clause was adopted by the following vote:

AYES: 155

Aull Avery Baker 123 Baker 25 BarnitzBearden Behnen Bivins Black BlandBowman Boykins Bringer Brooks Brown 30Brown 50 Bruns Burnett Byrd Chappelle-NadalCasey Chinn Cooper 120 Cooper 155 Cooper 158Corcoran Cunningham 145 Cunningham 86 Curls DarroughDaus Davis Day Deeken DempseyDenison Dethrow Dixon Donnelly DoughertyDusenberg El-Amin Emery Ervin FaithFares Fisher Flook Franz FraserGoodman Guest Harris 110 Harris 23 HenkeHobbs Hoskins Hubbard Hughes HunterIcet Jackson Johnson 47 Johnson 61 Johnson 90Jolly Jones Kelly Kingery KratkyKraus Kuessner Lager Lampe LembkeLeVota Liese Lipke Loehner Low 39Lowe 44 Marsh May McGhee MeadowsMeiners Moore Munzlinger Muschany MyersNance Nieves Nolte Oxford PageParker Pearce Pollock Portwood PrattQuinn Rector Richard Roark RobbRobinson Roorda Rucker Ruestman RuppSander Sater Schaaf Schad SchlottachSchneider Schoemehl Selby Self ShoemyerSkaggs Smith 118 Smith 14 Spreng StefanickSt. Onge Storch Sutherland Swinger ThrelkeldTilley Viebrock Villa Vogt WagnerWallace Walsh Walton Wasson WellsWeter Whorton Wildberger Wilson 119 Wilson 130Witte Wood Wright-Jones Wright 137 Wright 159Yaeger Yates Young Zweifel Mr Speaker

NOES: 000

PRESENT: 000

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642 Journal of the House

ABSENT WITH LEAVE: 007

Bean George Haywood Parson PhillipsSalva Stevenson

VACANCIES: 001

HB 592, relating to excursion gambling boats, was taken up by Representative Cooper (120).

On motion of Representative Cooper (120), HB 592 was read the third time and passed bythe following vote:

AYES: 132

Aull Avery Baker 123 Barnitz BeardenBehnen Bivins Black Bland BowmanBoykins Bringer Brooks Brown 30 BrunsBurnett Byrd Chappelle-Nadal Chinn Cooper 120Cooper 155 Cooper 158 Cunningham 145 Cunningham 86 CurlsDarrough Daus Davis Day DeekenDempsey Denison Dethrow Dixon DonnellyDougherty Dusenberg El-Amin Emery ErvinFaith Fares Fisher Flook FranzFraser Goodman Guest Harris 23 HobbsHoskins Hubbard Hughes Hunter IcetJackson Johnson 47 Johnson 90 Jolly JonesKelly Kingery Kratky Kraus LagerLembke LeVota Liese Lipke LoehnerLowe 44 Marsh May McGhee MeadowsMeiners Moore Munzlinger Muschany MyersNance Nieves Nolte Page ParkerPearce Pollock Portwood Pratt QuinnRector Richard Roark Robb RuckerRuestman Sander Sater Schaaf SchadSchlottach Schneider Self Shoemyer SkaggsSmith 118 Smith 14 Spreng Stefanick StevensonSt. Onge Storch Sutherland Swinger ThrelkeldTilley Viebrock Villa Wagner WallaceWasson Wells Weter Wilson 119 Wilson 130Witte Wright 137 Yaeger Yates YoungZweifel Mr Speaker

NOES: 018

Baker 25 Casey Corcoran Harris 110 HenkeLampe Low 39 Oxford Roorda SchoemehlSelby Vogt Walsh Walton WhortonWildberger Wood Wright-Jones

PRESENT: 001

Kuessner

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Thirty-ninth Day–Tuesday, March 15, 2005 643

ABSENT WITH LEAVE: 011

Bean Brown 50 George Haywood Johnson 61Parson Phillips Robinson Rupp SalvaWright 159

VACANCIES: 001

Speaker Pro Tem Bearden declared the bill passed.

HB 269, relating to firefighter's rule, was taken up by Representative Bruns.

On motion of Representative Bruns, HB 269 was read the third time and passed by thefollowing vote:

AYES: 155

Aull Avery Baker 123 Baker 25 BarnitzBearden Behnen Bivins Black BlandBowman Boykins Bringer Brooks Brown 30Brown 50 Bruns Burnett Byrd Chappelle-NadalCasey Chinn Cooper 120 Cooper 155 Cooper 158Corcoran Cunningham 145 Cunningham 86 Curls DarroughDaus Davis Day Deeken DempseyDenison Dethrow Dixon Donnelly DoughertyDusenberg El-Amin Emery Ervin FaithFares Fisher Flook Franz FraserGoodman Guest Harris 110 Harris 23 HenkeHobbs Hoskins Hubbard Hughes HunterIcet Jackson Johnson 47 Johnson 61 Johnson 90Jolly Jones Kelly Kingery KratkyKraus Kuessner Lager Lampe LembkeLeVota Liese Lipke Loehner Low 39Lowe 44 Marsh May McGhee MeadowsMeiners Moore Munzlinger Muschany MyersNance Nieves Nolte Oxford PageParker Pearce Pollock Portwood PrattQuinn Rector Richard Roark RobbRobinson Roorda Rucker Ruestman SanderSater Schaaf Schad Schlottach SchneiderSchoemehl Selby Self Shoemyer SkaggsSmith 118 Smith 14 Spreng Stefanick StevensonSt. Onge Storch Sutherland Swinger ThrelkeldTilley Viebrock Villa Vogt WagnerWallace Walsh Walton Wasson WellsWeter Whorton Wildberger Wilson 119 Wilson 130Witte Wood Wright-Jones Wright 137 Wright 159Yaeger Yates Young Zweifel Mr Speaker

NOES: 000

PRESENT: 000

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644 Journal of the House

ABSENT WITH LEAVE: 007

Bean George Haywood Parson PhillipsRupp Salva

VACANCIES: 001

Speaker Pro Tem Bearden declared the bill passed.

HB 361, relating to DNA profiling, was taken up by Representative Lipke.

On motion of Representative Lipke, HB 361 was read the third time and passed by thefollowing vote:

AYES: 153

Aull Avery Baker 123 Baker 25 BarnitzBearden Behnen Bivins Black BlandBowman Boykins Bringer Brooks Brown 30Brown 50 Bruns Burnett Byrd Chappelle-NadalCasey Chinn Cooper 155 Cooper 158 CorcoranCunningham 145 Cunningham 86 Curls Darrough DausDavis Day Deeken Dempsey DenisonDethrow Dixon Donnelly Dougherty DusenbergEl-Amin Emery Ervin Faith FaresFisher Flook Franz Fraser GoodmanGuest Harris 110 Harris 23 Henke HobbsHoskins Hubbard Hughes Hunter IcetJackson Johnson 47 Johnson 61 Johnson 90 JollyJones Kingery Kratky Kraus KuessnerLager Lampe Lembke LeVota LieseLipke Loehner Low 39 Lowe 44 MarshMay McGhee Meadows Meiners MooreMunzlinger Muschany Myers Nance NievesNolte Oxford Page Parker PearcePhillips Pollock Portwood Pratt QuinnRector Richard Roark Robb RobinsonRoorda Rucker Ruestman Rupp SanderSater Schaaf Schad Schlottach SchneiderSchoemehl Selby Shoemyer Skaggs Smith 118Smith 14 Spreng Stefanick St. Onge StorchSutherland Swinger Threlkeld Tilley ViebrockVilla Vogt Wagner Wallace WalshWalton Wasson Wells Weter WhortonWildberger Wilson 119 Wilson 130 Witte WoodWright-Jones Wright 137 Wright 159 Yaeger YatesYoung Zweifel Mr Speaker

NOES: 000

PRESENT: 000

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Thirty-ninth Day–Tuesday, March 15, 2005 645

ABSENT WITH LEAVE: 009

Bean Cooper 120 George Haywood KellyParson Salva Self Stevenson

VACANCIES: 001

Speaker Pro Tem Bearden declared the bill passed.

PERFECTION OF HOUSE BILLS

HB 564, relating to stolen license plate tabs, was taken up by Representative Boykins.

Representative Boykins offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 564, Page 1, Section 301.301, Line 2, by deleting all of said line and inserting in lieu thereofthe following:

"two sets of two license plate tabs per year when the application for the replacement tab is"; and

Further amend said title, enacting clause and intersectional references accordingly.

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

On motion of Representative Boykins, HB 564, as amended, was ordered perfected andprinted.

HCS HB 437, relating to the Missouri Military Family Relief Fund, was taken up byRepresentative Jackson.

On motion of Representative Jackson, HCS HB 437 was adopted.

On motion of Representative Jackson, HCS HB 437 was ordered perfected and printed.

HCS HB 58, as amended, with House Amendment No. 16, pending, relating to politicalsubdivisions, was again taken up by Representative Johnson (47).

House Amendment No. 16 was withdrawn.

On motion of Representative Johnson (47), HCS HB 58, as amended, was adopted.

On motion of Representative Johnson (47), HCS HB 58, as amended, was ordered perfectedand printed.

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646 Journal of the House

SENATE CONCURRENT RESOLUTION

SCR 3, relating to congenital heart defect awareness, was taken up by RepresentativeCooper (158).

On motion of Representative Cooper (158), SCR 3 was adopted by the following vote:

AYES: 155

Aull Avery Baker 123 Baker 25 BarnitzBearden Behnen Bivins Black BlandBowman Boykins Bringer Brooks Brown 30Brown 50 Burnett Byrd Chappelle-Nadal CaseyChinn Cooper 120 Cooper 155 Cooper 158 CorcoranCunningham 145 Cunningham 86 Curls Darrough DausDavis Day Deeken Dempsey DenisonDethrow Dixon Donnelly Dougherty DusenbergEl-Amin Emery Ervin Faith FaresFisher Flook Franz Fraser GoodmanGuest Harris 110 Harris 23 Henke HobbsHoskins Hubbard Hughes Hunter IcetJackson Johnson 47 Johnson 61 Johnson 90 JollyJones Kelly Kingery Kratky KrausKuessner Lager Lampe Lembke LeVotaLiese Lipke Loehner Low 39 Lowe 44Marsh May McGhee Meadows MeinersMoore Munzlinger Muschany Myers NanceNieves Nolte Oxford Page ParkerPearce Phillips Pollock Portwood PrattQuinn Rector Richard Roark RobbRobinson Roorda Rucker Ruestman RuppSander Sater Schaaf Schad SchlottachSchneider Schoemehl Selby Self ShoemyerSkaggs Smith 118 Smith 14 Spreng StefanickSt. Onge Storch Sutherland Swinger ThrelkeldTilley Viebrock Villa Vogt WagnerWallace Walsh Walton Wasson WellsWeter Whorton Wildberger Wilson 119 Wilson 130Witte Wood Wright-Jones Wright 137 Wright 159Yaeger Yates Young Zweifel Mr Speaker

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 007

Bean Bruns George Haywood ParsonSalva Stevenson

VACANCIES: 001

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Thirty-ninth Day–Tuesday, March 15, 2005 647

PERFECTION OF HOUSE BILL

Representative Byrd moved that HCS HB 580 be recommitted to the Committee onJudiciary.

Which motion was adopted.

REFERRAL OF SENATE BILL

The following Senate Bill was referred to the Committee indicated:

SS SCS SB 179 - Utilities

COMMITTEE REPORTS

Committee on Financial Institutions, Chairman Cunningham (145) reporting:

Mr. Speaker: Your Committee on Financial Institutions, to which was referred HB 707, begsleave to report it has examined the same and recommends that it Do Pass by Consent, and pursuantto 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 530, begsleave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule25(26)(f) be referred to the Committee on Rules.

Committee on Job Creation and Economic Development, Chairman Richard reporting:

Mr. Speaker: Your Committee on Job Creation and Economic Development, to which wasreferred HB 532, begs leave to report it has examined the same and recommends that the HouseCommittee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee onRules.

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

Mr. Speaker: Your Committee on Local Government, to which was referred HB 450, begsleave to report it has examined the same and recommends that it Do Pass by Consent, and pursuantto Rule 25(26)(f) be referred to the Committee on Rules.

Special Committee on Urban Issues, Chairman Hoskins reporting:

Mr. Speaker: Your Special Committee on Urban Issues, to which was referred HB 639, begsleave to report it has examined the same and recommends that the House Committee SubstituteDo Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

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648 Journal of the House

Committee on Ways and Means, Chairman Sutherland reporting:

Mr. Speaker: Your Committee on Ways and Means, to which was referred HB 64, begs leaveto 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 Rules, Chairman Cooper (120) reporting:

Mr. Speaker: Your Committee on Rules, to which was referred HB 33, begs leave to reportit has examined the same and recommends that it Do Pass by Consent, with no time limit fordebate.

Mr. Speaker: Your Committee on Rules, to which was referred HB 180, begs leave to reportit has examined the same and recommends that it Do Pass by Consent, with no time limit fordebate.

Mr. Speaker: Your Committee on Rules, to which was referred HB 219, begs leave to reportit has examined the same and recommends that it Do Pass by Consent, with no time limit fordebate.

Mr. Speaker: Your Committee on Rules, to which was referred HB 258, begs leave to reportit has examined the same and recommends that it Do Pass by Consent, with no time limit fordebate.

Mr. Speaker: Your Committee on Rules, to which was referred HB 260, begs leave to reportit has examined the same and recommends that it Do Pass by Consent, with no time limit fordebate.

Mr. Speaker: Your Committee on Rules, to which was referred HB 261, begs leave to reportit has examined the same and recommends that it Do Pass by Consent, with no time limit fordebate.

Mr. Speaker: Your Committee on Rules, to which was referred HB 321, begs leave to reportit has examined the same and recommends that it Do Pass by Consent, with no time limit fordebate.

Mr. Speaker: Your Committee on Rules, to which was referred HB 323, begs leave to reportit has examined the same and recommends that it Do Pass by Consent, with no time limit fordebate.

Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 334, begs leave toreport it has examined the same and recommends that it Do Pass by Consent, with no time limitfor debate.

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Thirty-ninth Day–Tuesday, March 15, 2005 649

Mr. Speaker: Your Committee on Rules, to which was referred HB 395, begs leave to reportit has examined the same and recommends that it Do Pass by Consent, with no time limit fordebate.

Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 443, begs leave toreport it has examined the same and recommends that it Do Pass by Consent, with no time limitfor debate.

Mr. Speaker: Your Committee on Rules, to which was referred HB 455, begs leave to reportit has examined the same and recommends that it Do Pass by Consent, with no time limit fordebate.

Mr. Speaker: Your Committee on Rules, to which was referred HB 473, begs leave to reportit has examined the same and recommends that it Do Pass by Consent, with no time limit fordebate.

Mr. Speaker: Your Committee on Rules, to which was referred HB 528, begs leave to reportit has examined the same and recommends that it Do Pass by Consent, with no time limit fordebate.

Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 563, begs leave toreport it has examined the same and recommends that it Do Pass by Consent, with no time limitfor debate.

Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 568, begs leave toreport it has examined the same and recommends that it Do Pass by Consent, with no time limitfor debate.

Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 577, begs leave toreport it has examined the same and recommends that it Do Pass by Consent, with no time limitfor debate.

Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 606, begs leave toreport it has examined the same and recommends that it Do Pass by Consent, with no time limitfor debate.

Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 630, begs leave toreport it has examined the same and recommends that it Do Pass by Consent, with no time limitfor debate.

Mr. Speaker: Your Committee on Rules, to which was referred HB 681, begs leave to reportit has examined the same and recommends that it Do Pass by Consent, with no time limit fordebate.

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650 Journal of the House

Mr. Speaker: Your Committee on Rules, to which was referred HB 688, begs leave to reportit has examined the same and recommends that it Do Pass by Consent, with no time limit fordebate.

ADVANCEMENT OF CONSENT BILLS

Pursuant to Rule 44(b), the following bills, having remained on the House Consent Calendarfor Perfection for five legislative days, were ordered perfected and printed by consent with allcommittee substitutes and committee amendments thereto adopted and perfected by consent:HB 243, HB 397, HB 423, HB 431 and HB 567.

INTRODUCTION OF HOUSE BILLS

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

HB 787, introduced by Representative St. Onge, relating to drug testing of employees at or near aschool.

HB 788, introduced by Representatives Johnson (90) and Roorda, relating to child protection.

HB 789, introduced by Representatives Salva, Richard, Wagner, Kratky, Vogt, Dusenberg, Pratt,Whorton, Rucker and Henke, relating to sales tax exemptions.

HB 790, introduced by Representatives Kraus, Yates, Smith (14), Bivins, Weter, Meiners andSchneider, relating to the failure to wear a safety belt.

HB 791, introduced by Representative Portwood, to authorize the conveyance of state property.

HB 792, introduced by Representative Jackson, relating to inspections of buildings by fire marshals.

HB 793, introduced by Representatives Nolte, Parson, Sater, Cooper (158) and Flook, relating to thescheduling of controlled substances.

HB 794, introduced by Representative Pratt, relating to guardianship of minors.

HB 795, introduced by Representatives Aull, Dougherty, Hughes, Casey, Roorda, McGhee,Brown (50) and Lampe, relating to public school property.

HB 796, introduced by Representative Lembke, relating to public defenders.

HB 797, introduced by Representatives Baker (25), Lampe, Roorda, Oxford, Walton, Walsh, Liese,Lowe (44), Corcoran, Bland, Meiners, Parker, Wright-Jones, Fraser, Donnelly, Low (39), Jones,Parson, Hobbs and Storch, relating to victims of sexual offenses.

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Thirty-ninth Day–Tuesday, March 15, 2005 651

HB 798, introduced by Representatives Darrough, Wright (137), Spreng, Corcoran, Walsh,Baker (25), Schoemehl, Whorton, Harris (23), Wildberger, Zweifel, Storch, Page, Hobbs, Yaeger,Jolly, Swinger, Lowe (44), Kratky and Vogt, relating to alternative fuel and alternative fuel vehicles.

HB 799, introduced by Representative Schaaf, relating to birth and death records.

HB 800, introduced by Representatives Lampe, Chappelle-Nadal, Fraser, Yaeger, Wright-Jones,Harris (110), Curls, Oxford, Roorda, Baker (25), Aull, Hughes, Wildberger, Darrough, Brown (50),Low (39), Storch, Zweifel, El-Amin, Robinson, Dougherty, Meiners, Swinger, Witte, Jolly, Spreng,Rucker, Sanders Brooks, Bowman, Villa, Daus, Selby, Hoskins, Boykins, Hubbard, Walsh, Young,Henke, Meadows, Skaggs, Schoemehl, Bringer, Page, Kuessner, Corcoran, Wallace, Sater, Donnelly,LeVota and Harris (23), relating to the placement of certain special education pupils.

HB 801, introduced by Representatives Harris (110), Bringer, LeVota, Henke, Wildberger,Cunningham (86), Brown (50), Salva, Roorda, Meadows, Casey, Schoemehl, Yaeger, Robinson,Swinger, Selby, Barnitz, Burnett, Wagner, Walsh, Spreng, Villa, Shoemyer, Meiners, Dougherty,Liese, Rucker, Kuessner, Kratky, George, Lembke and Moore, relating to alternatives to abortionservices.

HB 802, introduced by Representatives Jolly, Meadows, Zweifel, Walsh, Lowe (44), Wright-Jones,Donnelly, Young, Wildberger, Salva, Vogt, Low (39), Meiners, Dougherty, Burnett, Johnson (90),George, Storch, Corcoran, Schoemehl, Darrough, Casey, Oxford, Roorda, Yaeger, Lampe,Brown (50), Kratky, Daus, Fraser, Spreng, LeVota, Shoemyer, Hughes, Wagner, Zweifel, Bowman,Sanders Brooks, Rucker, Curls, Hoskins, El-Amin and Bland, relating to patient safety.

HB 803, introduced by Representative Bruns, relating to licensure fees for emergency personnel.

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTEFOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NOS. 1 & 130

The Conference Committee appointed on House Committee Substitute for Senate Substitutefor Senate Committee Substitute for Senate Bill Nos. 1 & 130, with House Amendment Nos. 1, 2,3, House Amendment No. 4 as amended, House Amendment Nos. 5, 8, 9, 10, 11, 12, and HouseAmendment No. 13 as amended, begs leave to report that we, after free and fair discussion of thedifferences, have agreed to recommend and do recommend to the respective bodies as follows:

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652 Journal of the House

1. That the House recede from its position on House Committee Substitute for SenateSubstitute for Senate Committee Substitute for Senate Bill Nos. 1 & 130, asamended;

2. That the Senate recede from its position on Senate Substitute for Senate CommitteeSubstitute for Senate Bill Nos. 1 & 130;

3. That the attached Conference Committee Substitute for House Committee Substitutefor Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 1 & 130,be Third Read and Finally Passed.

FOR THE SENATE: FOR THE HOUSE:

/s/ John Loudon /s/ Steve Hunter/s/ Michael Gibbons /s/ Carl Bearden/s/ Dan Clemens /s/ Shannon Cooper

RECESS

Representative Dempsey moved that the House stand in recess pending the distribution ofthe Conference Committee Report on SS SCS HCS HB 393, and then stand adjourned until10:00 a.m., Wednesday, March 16, 2005.

Which motion was adopted.

CONFERENCE COMMITTEE REPORTON

SENATE SUBSTITUTEFOR

SENATE COMMITTEE SUBSTITUTEFOR

HOUSE COMMITTEE SUBSTITUTEFOR

HOUSE BILL NO. 393

The Conference Committee appointed on Senate Substitute for Senate Committee Substitutefor House Committee Substitute for House Bill No. 393, with Senate Amendment No. 1 to SenateAmendment No. 4, Senate Amendment No. 4 as amended, Senate Amendment No. 1 to SenateAmendment No. 5, Senate Amendment No. 5 as amended, Senate Amendment Nos. 6, 7, 9, and 11,begs leave to report that we, after free and fair discussion of the differences, have agreed torecommend and do recommend to the respective bodies as follows:

1. That the Senate recede from its position on Senate Substitute for Senate CommitteeSubstitute for House Committee Substitute for House Bill No. 393, as amended;

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Thirty-ninth Day–Tuesday, March 15, 2005 653

2. That the House recede from its position on House Committee Substitute for HouseBill No. 393;

3. That the attached Conference Committee Substitute for Senate Substitute for SenateCommittee Substitute for House Committee Substitute for House Bill No. 393, beThird Read and Finally Passed.

FOR THE SENATE: FOR THE HOUSE:

/s/ Delbert Scott /s/ Richard Byrd/s/ Matt Bartle /s/ Bryan Pratt/s/ Charles Shields /s/ Ronald Richard/s/ Charles Wheeler

The following members’ presence was noted: George and Parson.

ADJOURNMENT

Pursuant to the motion of Representative Dempsey, the House adjourned until 10:00 a.m.,Wednesday, March 16, 2005.

CORRECTIONS TO THE HOUSE JOURNAL

AFFIDAVITS

I, State Representative B.J. Marsh, District 136, hereby state and affirm that my vote as recorded on Page 612 of theHouse Journal for Monday, March 14, 2005 showing that I voted absent with leave was incorrectly recorded. Pursuantto House Rule 88, I ask that the Journal be corrected to show that I voted aye. I further state and affirm that I was presentin 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 15th day of March 2005.

/s/ B.J. Marsh State Representative

State of Missouri )) ss.

County of Cole )

Subscribed and sworn to before me this 15th day of March in the year 2005.

/s/ Stephen S. Davis Chief Clerk

___________

I, State Representative Mark Bruns, District 113, hereby state and affirm that my vote as recorded on the motion to adoptthe emergency clause to House Bill No. 40 in the House Journal for Tuesday, March 15, 2005 showing that I votedabsent 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, andmy vote or absence was incorrectly recorded.

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654 Journal of the House

IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 15th day of March 2005.

/s/ Mark Bruns State Representative

State of Missouri )) ss.

County of Cole )

Subscribed and sworn to before me this 15th day of March in the year 2005.

/s/ Stephen S. Davis Chief Clerk

___________

I, State Representative Tim Meadows, District 101, hereby state and affirm that my vote as recorded on the motion toadopt the emergency clause to House Committee Substitute for House Bill No. 47 of the House Journal for Tuesday,March 15, 2005 showing that I voted present was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journalbe corrected to show that I voted aye. I further state and affirm that I was present in the House Chamber at the time thisvote 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 15th day of March 2005.

/s/ Tim Meadows State Representative

State of Missouri )) ss.

County of Cole )

Subscribed and sworn to before me this 15th day of March in the year 2005.

/s/ Stephen S. Davis Chief Clerk

___________

I, State Representative Billy Pat Wright, District 159, hereby state and affirm that my vote as recorded on the motionto adopt the emergency clause to House Bill No. 40 in the House Journal for Tuesday, March 15, 2005 showing that Ivoted absent was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that Ivoted aye. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in factvote, and my vote or absence was incorrectly recorded.

IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 15th day of March 2005.

/s/ Billy Pat Wright State Representative

State of Missouri )) ss.

County of Cole )

Subscribed and sworn to before me this 15th day of March in the year 2005.

/s/ Stephen S. Davis Chief Clerk

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COMMITTEE MEETINGS

BUDGETWednesday, March 16, 2005, 8:00 a.m. House Lounge. Appropriation recommendations.Executive session may follow.

BUDGETWednesday, March 16, 2005, 8:00 p.m. Hearing Room 3. Appropriation recommendations.Executive session may follow.

BUDGETThursday, March 17, 2005, 8:00 a.m. Hearing Room 3. Appropriation recommendations.Executive session may follow.

BUDGETTuesday, March 29, 2005, 12:00 p.m. Hearing Room 3. Appropriation recommendations/Markup.Executive session may follow.

BUDGETTuesday, March 29, 2005, Hearing Room 3 upon evening adjournment.Appropriation recommendations/Markup.Executive session may follow.

BUDGETWednesday, March 30, 2005, 8:00 a.m. House Lounge. Appropriation recommendations/Markup.Executive session may follow.

BUDGETWednesday, March 30, 2005, 8:00 p.m. Hearing Room 3. Appropriation recommendations/Markup.Executive session may follow.

BUDGETThursday, March 31, 2005, 8:00 a.m. Hearing Room 3. Appropriation recommendations/Markup.Executive session may follow.

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656 Journal of the House

BUDGETThursday, March 31, 2005, 8:00 p.m. Hearing Room 3. Appropriation recommendations/Markup.Executive session may follow.

BUDGETFriday, April 1, 2005, 8:00 a.m. Hearing Room 3. Appropriation recommendations/Markup.Executive session may follow.

CHILDREN AND FAMILIESWednesday, March 16, 2005, 8:00 a.m. Hearing Room 7. Executive session only. No Public Testimony! Executive session will be held on: HB 586, HB 36

CORRECTIONS AND PUBLIC INSTITUTIONSWednesday, March 16, 2005, 8:00 a.m. Hearing Room 4. Executive session may follow. AMENDED Public hearings to be held on: HB 661, HB 491, HB 685, HB 700, HB 743

ELEMENTARY AND SECONDARY EDUCATIONWednesday, March 16, 2005, 8:00 a.m. Hearing Room 3. Executive session may follow.Associated Industries of Missouri will give a presentation on the challenges for theeducation and training communities concerning today's workforce. Public hearings to be held on: HB 320, HCR 24

ETHICSWednesday, March 16, 2005, House Chamber side gallery upon afternoon adjournment. Approval of Caucuses and additions to caucuses.Executive session may be held.

HEALTH CARE POLICYWednesday, March 16, 2005, 8:00 a.m. Hearing Room 6. Executive session may follow. AMENDED Public hearings to be held on: HB 271, HB 620, HB 626, HB 657, HB 671, HCR 23

HEALTH CARE POLICYWednesday, March 16, 2005, 2:00 p.m. Hearing Room 6. Continuation of 8:00 a.m. hearing.Executive session may follow.

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Thirty-ninth Day–Tuesday, March 15, 2005 657

JOB CREATION AND ECONOMIC DEVELOPMENTWednesday, March 16, 2005, 12:00 p.m. Hearing Room 6. Executive session may follow. Public hearings to be held on: HB 701, HB 711

JOINT COMMITTEE ON GAMING AND WAGERINGWednesday, March 16, 2005, 9:00 a.m. Hearing Room 4. Elections of Officers.

JOINT COMMITTEE ON LEGISLATIVE RESEARCH, OVERSIGHT SUBCOMMITTEEWednesday, March 16, 2005, Hearing Room 1 upon afternoon adjournment.Challenge fiscal note: SB 539

LOCAL GOVERNMENTThursday, March 17, 2005, 8:00 a.m. Hearing Room 6. Executive session may follow. Public hearings to be held on: HB 76, HB 565, HB 253, HB 179Executive session will be held on: HB 465, HB 405, HB 485, HB 480

PROFESSIONAL REGISTRATION AND LICENSINGWednesday, March 16, 2005, 12:00 p.m. Hearing Room 1. AMENDED Public hearings to be held on: HB 652, HB 670, HB 738, HB 725Executive session may be held on: HB 738

RETIREMENTWednesday, March 16, 2005, 6:00 p.m. Hearing Room 7. Executive session may follow. Public hearings to be held on: HCR 8, SCS SBs 202, 33, 45, 183 & 217

RULESWednesday, March 16, 2005, 12:00 p.m. Hearing Room 7. Executive session may follow. Public hearings to be held on: HB 600, HCS HB 64, HB 370, HCS HB 131,HB 560, HCS#2 HB 232, HCS HB 525, HR 1117, HB 539, HB 691, HCS HJR 6,HCR 20, HCS HB 519, HCS HB 286

SMALL BUSINESSWednesday, March 16, 2005, 12:00 p.m. Hearing Room 4. Executive session may follow. Public hearings to be held on: HJR 13, HB 265, HB 562, HB 552

TRANSPORTATIONWednesday, March 16, 2005, 8:00 a.m. Hearing Room 1. Executive session may follow. Public hearings to be held on: HB 113, HB 697

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658 Journal of the House

UTILITIESWednesday, March 16, 2005, 12:00 p.m. Hearing Room 5. Committee will begin upon morning recess or at noon, whichever is later. AMENDED Public hearings to be held on: HCR 5, HB 304, SS SCS SB 179

VETERANSWednesday, March 16, 2005, 8:00 a.m. Hearing Room 5. Executive session will follow. Reconsideration of House Bill 412. AMENDED Public hearings to be held on: HCR 6, HCR 16

WAYS AND MEANSWednesday, March 16, 2005, 6:00 p.m. Hearing Room 5. Possible Executive session. Public hearings to be held on: HB 392, HB 414, HB 699, HB 449

WORKFORCE DEVELOPMENT AND WORKPLACE SAFETYWednesday, March 16, 2005, 12:00 p.m. Hearing Room 3. Executive session may follow. Public hearings to be held on: HB 477, HB 571, HB 607

HOUSE CALENDAR

FORTIETH DAY, WEDNESDAY, MARCH 16, 2005

HOUSE BILLS FOR SECOND READING

HB 787 through HB 803

HOUSE BILLS FOR PERFECTION

1 HB 344 - Baker (123)2 HB 376 - Guest3 HCS HB 208 - Icet4 HCS HB 394 - Byrd5 HCS HB 388 - Yates6 HCS HB 576 - Flook

HOUSE BILLS FOR PERFECTION - CONSENT

(3/10/05)

1 HCS HB 119 - Jones2 HCS HB 215 - Pearce3 HB 343, HCA 1 - Baker (123)4 HB 345 - Baker (123)

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5 HB 413 - Hubbard6 HB 445 - Guest7 HB 479 - Ervin8 HB 524 - May

(3/14/05)

1 HB 69 - Rupp2 HB 402 - Schaaf3 HB 456 - Kuessner4 HCS HB 474 - Yates5 HB 486 - Bruns6 HCS HB 508 - Pratt7 HCS HB 515 - Wood8 HB 596 - Schaaf9 HB 638 - Cunningham (86)10 HB 678 - Byrd11 HB 684 - Lipke

(3/15/05)

1 HB 43 - Wallace2 HB 53 - Swinger3 HCS HB 108 - Schaaf4 HB 155 - Ruestman5 HB 236 - Goodman6 HB 280 - Walsh7 HB 342 - Baker (123)8 HCS HB 362 - Lipke9 HCS HB 422 - Black10 HCS HB 448 - Villa11 HB 453 - May12 HCS HBs 462 & 463 - Smith (118)13 HB 487 - Bruns14 HCS HB 513 - Zweifel15 HCS HB 531 - Wright (137)16 HB 618 - Bearden17 HCS HB 631 - Portwood

(3/16/05)

1 HB 33 - Phillips2 HB 180 - Johnson (47)3 HB 219 - Salva4 HB 258 - Cunningham (86)

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660 Journal of the House

5 HB 260 - Deeken6 HB 261 - Deeken7 HB 321 - Yates8 HB 323 - Johnson (47)9 HCS HB 334 - Franz10 HB 395 - Wood11 HCS HB 443 - Sander12 HB 455 - Quinn13 HB 473 - Yates14 HB 528 - Cunningham (145)15 HCS HB 563 - Rucker16 HCS HB 568 - Stevenson17 HCS HB 577 - Kuessner18 HCS HB 606 - Lembke19 HCS HB 630 - Pollock20 HB 681 - Chappelle-Nadal21 HB 688 - Byrd

HOUSE BILLS FOR THIRD READING

1 HCS HB 348, E.C. - Pearce2 HB 564 - Boykins3 HCS HB 437 - Jackson4 HCS HB 58, E.C. - Johnson (47)

HOUSE BILLS FOR THIRD READING - CONSENT

1 HB 243 - May2 HB 397 - Henke3 HB 423 - Kuessner4 HB 431 - Wright (137)5 HB 567 - Stevenson

BILLS IN CONFERENCE

1 CCR HCS SS SCS SBs 1 & 130, as amended - Hunter2 CCR SS SCS HCS HB 393, as amended - Byrd

HOUSE CONCURRENT RESOLUTIONS

1 HCR 11, (2-17-05, Pages 351-352) - Sander2 HCR 4, (3-02-05, Pages 467-468) - Burnett3 HCR 9, (2-17-05, Page 351) - Bivins4 HCR 15, (3-03-05, Pages 487-488) - Baker (123)