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Journal of the House JOURNAL OF THE HOUSE First Regular Session, 97th GENERAL ASSEMBLY FIFTH DAY, WEDNESDAY, JANUARY 16, 2013 The House met pursuant to adjournment. Speaker Jones in the Chair. Prayer by Msgr. Robert A. Kurwicki, Chaplain. The fear of the Lord is the beginning of wisdom: a good understanding have all they that do His commandments: His praise endureth forever. (Psalm 111:10) God of Glory, we bow before You with our daily devotions, grateful to be alive, opening our hearts to You and endeavoring to make them channels for Your power in our state. Keep our thinking clear and clean, our emotions in complete control, and give us the mind to keep our bodies healthy and fit for finer service to You and for greater service to the state of Missouri. Give to these Members of the House faith, hope and love, that they may lead our people into the right paths of enduring peace and abounding goodwill. And the House says, “Amen!” The Pledge of Allegiance to the flag was recited. The Journal of the fourth day was approved as printed by the following vote: AYES: 155 Allen Anders Anderson Austin Bahr Bernskoetter Berry Black Brattin Brown Burlison Burns Butler Carpenter Cierpiot Colona Conway 10 Conway 104 Cookson Cornejo Cox Crawford Cross Curtis Curtman Davis Diehl Dohrman Dugger Dunn Ellinger Ellington Elmer Engler English Englund Entlicher Fitzpatrick Fitzwater Flanigan Fowler Frame Franklin Frederick Funderburk Gannon Gardner Gatschenberger Gosen Grisamore Guernsey Haahr Haefner Hampton Hansen Harris Hicks Higdon Hinson Hodges Hoskins Hough Houghton Hubbard Hummel Hurst Johnson Jones 50 Justus Keeney Kelley 127 Kirkton Koenig Kolkmeyer Korman Kratky LaFaver Lair Lant Lauer Leara Lichtenegger Love Lynch Marshall May Mayfield McCaherty McCann Beatty McGaugh McKenna McNeil Meredith Messenger Miller Mims Mitten Molendorp Montecillo Morgan 123 124 Journal of the House Morris Muntzel Neely Neth Newman Nichols Norr Otto Pace Parkinson Pfautsch Phillips Pierson Pike Pogue Redmon Rehder Reiboldt Remole Rhoads Richardson Riddle Rizzo Roorda Ross Rowden Rowland Runions Scharnhorst Schatz Schieber Schieffer Schupp Shull Shumake Smith 85 Smith 120 Solon Sommer Spencer Stream Swan Thomson Torpey Walker Walton Gray Webb Webber White Wieland Wilson Wood Wright Zerr Mr Speaker NOES: 000 PRESENT: 000 ABSENT WITH LEAVE: 006 Barnes Fraker Kelly 45 McDonald McManus Swearingen VACANCIES: 002 HOUSE RESOLUTION Representative Smith (85), et al., offered House Resolution No. 88. HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED House Resolution No. 73 through House Resolution No. 87 House Resolution No. 89 through House Resolution No. 121 HOUSE CONCURRENT RESOLUTION Representative Curtman, et al., offered House Concurrent Resolution No. 9. SECOND READING OF HOUSE BILLS HB 162 through HB 174 were read the second time. HOUSE RESOLUTIONS HCS HR 31, relating to the Rules of the House of Representatives, was taken up by Representative Diehl. Representative Haefner offered House Amendment No. 1. Fifth Day–Wednesday, January 16, 2013 125 House Amendment No. 1 AMEND House Committee Substitute for House Resolution No. 31, Page 40, Rule 95, Line 21, by inserting after the word "galleries." the following: " The majority and minority caucuses shall adopt policies for its individual member's office space within the Capitol as it relates to the use of tobacco and alcohol products."; and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly. Representative Gardner offered House Substitute Amendment No. 1 for House Amendment No. 1. House Substitute Amendment No. 1 for House Amendment No. 1 AMEND House Committee Substitute for House Resolution No. 31, Page 40, Rule 95, Line 21, by inserting after the word "galleries" the following: " , House member offices, and any other areas of the Capitol controlled by the House of Representatives"; and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly. Representative Gardner moved that House Substitute Amendment No. 1 for House Amendment No. 1 be adopted. Which motion was defeated by the following vote: AYES: 041 Anders Burns Butler Carpenter Conway 10 Curtis Dunn Ellinger Englund Gardner Harris Hodges Hummel Kirkton LaFaver May McCann Beatty McDonald McKenna McNeil Meredith Mims Mitten Montecillo Morgan Newman Nichols Norr Otto Pace Pierson Rizzo Roorda Runions Schieffer Schupp Smith 85 Walton Gray Webb Webber Wright NOES: 114 Allen Anderson Austin Bahr Barnes Bernskoetter Berry Black Brattin Brown Burlison Cierpiot Colona Conway 104 Cookson Cornejo Cox Crawford Cross Curtman Davis Diehl Dohrman Dugger Elmer Engler Entlicher Fitzpatrick Fitzwater Flanigan Fowler Fraker Frame Franklin Frederick Funderburk Gannon Gatschenberger Gosen Grisamore Guernsey Haahr Haefner Hampton Hansen Hicks Higdon Hinson Hoskins Hough Houghton Hubbard Hurst Johnson Jones 50 126 Journal of the House Justus Keeney Kelley 127 Koenig Kolkmeyer Korman Kratky Lair Lant Lauer Leara Lichtenegger Love Lynch Marshall McCaherty McGaugh Messenger Miller Molendorp Morris Muntzel Neely Neth Parkinson Pfautsch Phillips Pike Pogue Redmon Rehder Reiboldt Remole Rhoads Richardson Riddle Ross Rowden Rowland Scharnhorst Schatz Schieber Shull Shumake Smith 120 Solon Sommer Spencer Stream Swan Thomson Torpey Walker White Wieland Wilson Wood Zerr Mr Speaker PRESENT: 003 Ellington English Mayfield ABSENT WITH LEAVE: 003 Kelly 45 McManus Swearingen VACANCIES: 002 On motion of Representative Haefner, House Amendment No. 1 was adopted by the following vote: AYES: 128 Allen Anders Anderson Austin Bahr Barnes Bernskoetter Berry Brattin Brown Burlison Burns Butler Cierpiot Conway 10 Conway 104 Cookson Cornejo Cox Crawford Cross Curtman Davis Diehl Dohrman Dugger Dunn Ellinger Elmer Engler Englund Entlicher Fitzpatrick Fitzwater Flanigan Fowler Fraker Franklin Frederick Funderburk Gannon Gatschenberger Gosen Grisamore Guernsey Haahr Haefner Hampton Hansen Harris Hicks Higdon Hinson Hodges Hoskins Hough Houghton Hurst Johnson Jones 50 Justus Keeney Kelley 127 Koenig Kolkmeyer Korman LaFaver Lair Lant Lauer Leara Lichtenegger Love Lynch Marshall McCaherty McDonald McGaugh McKenna Messenger Miller Molendorp Morris Muntzel Neely Neth Norr Parkinson Pfautsch Phillips Pike Pogue Redmon Rehder Reiboldt Remole Rhoads Richardson Riddle Rizzo Roorda Ross Rowden Rowland Runions Scharnhorst Schatz Schieber Schieffer Schupp Shull Shumake Smith 120 Solon Sommer Spencer Stream Swan Thomson Torpey Walker White Wieland Wilson Wood Wright Zerr Mr Speaker Fifth Day–Wednesday, January 16, 2013 127 NOES: 027 Black Carpenter Colona Curtis Ellington Frame Gardner Hubbard Hummel Kirkton Kratky May McCann Beatty Meredith Mims Mitten Montecillo Morgan Newman Nichols Otto Pace Pierson Smith 85 Walton Gray Webb Webber PRESENT: 003 English Mayfield McNeil ABSENT WITH LEAVE: 003 Kelly 45 McManus Swearingen VACANCIES: 002 Speaker Pro Tem Smith assumed the Chair. Representative Webb offered House Amendment No. 2. House Amendment No. 2 AMEND House Committee Substitute for House Resolution No. 31, Page 28, Lines 44-46, and Page 29, Lines 1, Rule 46(a), by deleting all of said lines and inserting in lieu thereof the following: "proposed amendment to the amendment and substitute amendment shall be read"; and Further amend said rule, Page 29, Line 8, by removing the bracket "]" on said line; and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly. Representative Frame offered House Substitute Amendment No. 1 for House Amendment No. 2. House Substitute Amendment No. 1 for House Amendment No. 2 was withdrawn. Representative Frame offered House Substitute Amendment No. 2 for House Amendment No. 2. House Substitute Amendment No. 2 for House Amendment No. 2 AMEND House Committee Substitute for House Resolution No. 31, Page 28, Lines 44-46, and Page 29, Lines 1, Rule 46(a), by deleting all of said lines and inserting in lieu thereof the following: "proposed amendment to the amendment and substitute amendment shall be read"; and 128 Journal of the House Further amend said rule, Page 29, Line 8, by removing the bracket "]" on said line and inserting in lieu thereof the following: " At least two members from each party who have an amendment to the amendment or substitute amendment shall be recognized to offer said amendment."; and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly. Representative Diehl moved the previous question. Which motion was adopted by the following vote: AYES: 108 Allen Anderson Austin Bahr Barnes Bernskoetter Berry Brattin Brown Burlison Cierpiot Conway 104 Cookson Cornejo Cox Crawford Cross Curtman Davis Diehl Dohrman Dugger Elmer Engler Entlicher Fitzpatrick Fitzwater Flanigan Fowler Fraker Franklin Frederick Funderburk Gannon Gatschenberger Gosen Guernsey Haahr Haefner Hampton Hansen Hicks Higdon Hinson Hoskins Hough Houghton Hurst Johnson Jones 50 Justus Keeney Kelley 127 Koenig Kolkmeyer Korman Lair Lant Lauer Leara Lichtenegger Love Lynch Marshall McCaherty McGaugh Messenger Miller Molendorp Morris Muntzel Neely Neth Parkinson Pfautsch Phillips Pike Pogue Redmon Rehder Reiboldt Remole Rhoads Richardson Riddle Ross Rowden Rowland Scharnhorst Schatz Schieber Shull Shumake Smith 120 Solon Sommer Spencer Stream Swan Thomson Torpey Walker White Wieland Wilson Wood Zerr Mr Speaker NOES: 049 Anders Black Burns Butler Carpenter Colona Conway 10 Curtis Dunn Ellinger Ellington English Englund Frame Gardner Harris
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