Journal of the House

Second Regular Session, 93rd General Assembly

SEVENTEENTH DAY, Thursday, February 2, 2006

The House met pursuant to adjournment.

            Speaker Pro Tem Bearden in the Chair.

            Prayer by Father James M. Smith, Associate Pastor, St. Peter Parish, Jefferson City, Missouri.

              Father, all-powerful and ever-living God, we do well always and everywhere to give You thanks.

              All things are of Your making, all times and seasons obey Your laws, but You chose to create the human family in Your image, setting us over the whole world in all its wonder. You made us stewards of Your creation, to praise You day by day for the marvels of Your wisdom and power.

              Help us not to squander the precious resources of this World of Wonder. Protect us from wasting our time, talents, and treasures on myths and empty promises. Make us open to the truth, and guide us to use the many gifts You have given to protect all life in this beautiful world, especially that which is most vulnerable.

              Accept the prayers we offer for our state and nation, by the wisdom of our leaders and integrity of our citizens, may harmony and justice be secured and may there be lasting prosperity and peace.

                Help us to know and do Your will, not ours, for You are God, the Holy One, the Mighty One, the Immortal One, forever and ever. Amen.

            The Pledge of Allegiance to the flag was recited.

            The Journal of the sixteenth day was approved as printed by the following vote:

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 355 - Representative Hunter

            House Resolution No. 356 - Representative Faith

            House Resolution No. 357

                        and

            House Resolution No. 358 - Representative Aull

            House Resolution No. 359 - Representatives McGhee and Pearce

            House Resolution No. 360

                        and

            House Resolution No. 361 - Representative Kingery

            House Resolution No. 362 - Representative Witte

            House Resolution No. 363

                        through

            House Resolution No. 366 - Representative Dusenberg

            House Resolution No. 367 - Representative Rupp

            House Resolution No. 368 - Representative Black

            House Resolution No. 369 - Representatives Behnen and Fares

            House Resolution No. 370 - Representative Behnen

            House Resolution No. 371 - Representative Kraus

            House Resolution No. 372

                        and

            House Resolution No. 373 - Representative Loehner

            House Resolution No. 374 - Representative Fraser

            House Resolution No. 375 - Representative Fisher

HOUSE CONCURRENT RESOLUTIONS

            Representative Jetton, et al., offered House Concurrent Resolution No. 15.

            Representative Rector, et al., offered House Concurrent Resolution No. 16.

SECOND READING OF HOUSE JOINT RESOLUTIONS

            HJR 47 and HJR 48 were read the second time.

SECOND READING OF HOUSE BILLS

            HB 1607 through HB 1624 were read the second time.

HOUSE RESOLUTIONS

            HR 68, relating to interim employees, was taken up by Representative Wright (137).

            On motion of Representative Wright (137), HR 68 was adopted.

            HR 15, relating to use of chamber, was taken up by Representative Deeken.

            On motion of Representative Deeken, HR 15 was adopted.

            HR 108, relating to use of chamber, was taken up by Representative Deeken.

            On motion of Representative Deeken, HR 108 was adopted.

REFERRAL OF HOUSE RESOLUTIONS

            The following House Resolutions were referred to the Committee indicated:

HR 203 - Rules

HR 207 - Rules

HR 234 - Rules

HR 237 - Rules

HR 305 - Rules

REFERRAL OF HOUSE CONCURRENT RESOLUTIONS

            The following House Concurrent Resolutions were referred to the Committee indicated:

HCR 13 - Rules

HCR 14 - Rules

REFERRAL OF HOUSE JOINT RESOLUTION

            The following House Joint Resolution was referred to the Committee indicated:

HJR 48 - Budget

REFERRAL OF HOUSE BILLS

            The following House Bills were referred to the Committee indicated:

HB 999 - Corrections and Public Institutions

HB 1207 - Special Committee on Energy and Environment

HB 1230 - Conservation and Natural Resources

HB 1244 - Professional Registration and Licensing

HB 1245 - Health Care Policy

HB 1246 - Corrections and Public Institutions

HB 1247 - Judiciary

HB 1248 - Elementary and Secondary Education

HB 1251 - Higher Education

HB 1254 - Judiciary

HB 1256 - Judiciary

HB 1257 - Judiciary

HB 1259 - Health Care Policy

HB 1260 - Professional Registration and Licensing

HB 1261 - Local Government

HB 1262 - Crime Prevention and Public Safety

HB 1263 - Crime Prevention and Public Safety

HB 1264 - Job Creation and Economic Development

HB 1265 - Ways and Means

HB 1266 - Elementary and Secondary Education

HB 1267 - Transportation

HB 1268 - Retirement

HB 1271 - Judiciary

HB 1272 - Job Creation and Economic Development

HB 1274 - Corrections and Public Institutions

HB 1275 - Special Committee on Student Achievement and Finance

HB 1277 - Elementary and Secondary Education

HB 1278 - Professional Registration and Licensing

HB 1279 - Judiciary

HB 1280 - Insurance Policy

HB 1282 - Utilities

HB 1283 - Workforce Development and Workplace Safety

HB 1284 - Workforce Development and Workplace Safety

HB 1285 - Workforce Development and Workplace Safety

HB 1286 - Workforce Development and Workplace Safety

HB 1287 - Elementary and Secondary Education

HB 1288 - Workforce Development and Workplace Safety

HB 1289 - Rules

HB 1290 - Crime Prevention and Public Safety

HB 1291 - Insurance Policy

HB 1292 - Crime Prevention and Public Safety

HB 1294 - Crime Prevention and Public Safety

HB 1295 - Ways and Means

HB 1298 - Crime Prevention and Public Safety

HB 1302 - Ways and Means

HB 1305 - Retirement

HB 1306 - Retirement

HB 1307 - Health Care Policy

HB 1309 - Crime Prevention and Public Safety

HB 1311 - Crime Prevention and Public Safety

HB 1312 - Crime Prevention and Public Safety

HB 1313 - Crime Prevention and Public Safety

HB 1314 - Crime Prevention and Public Safety

HB 1315 - Crime Prevention and Public Safety

HB 1316 - Crime Prevention and Public Safety

HB 1317 - Crime Prevention and Public Safety

HB 1318 - Crime Prevention and Public Safety

HB 1319 - Crime Prevention and Public Safety

HB 1325 - Judiciary

HB 1326 - Local Government

HB 1327 - Health Care Policy

HB 1328 - Professional Registration and Licensing

HB 1329 - Financial Institutions

HB 1330 - Judiciary

HB 1331 - Small Business

HB 1332 - Health Care Policy

HB 1333 - Agriculture Policy

HB 1334 - Insurance Policy

HB 1335 - Transportation

HB 1336 - Transportation

HB 1337 - Crime Prevention and Public Safety

HB 1342 - Local Government

HB 1343 - Local Government

HB 1347 - Higher Education

HB 1348 - Job Creation and Economic Development

HB 1349 - Agriculture Policy

HB 1350 - Corrections and Public Institutions

HB 1351 - Special Committee on Agri-Business

HB 1352 - Elementary and Secondary Education

HB 1353 - Judiciary

HB 1356 - Retirement

HB 1357 - Retirement

HB 1358 - Health Care Policy

HB 1360 - Transportation

HB 1361 - Local Government

HB 1364 - Transportation

HB 1365 - Ways and Means

HB 1366 - Local Government

HB 1368 - Ways and Means

HB 1369 - Agriculture Policy

HB 1370 - Transportation

HB 1371 - Workforce Development and Workplace Safety

HB 1372 - Corrections and Public Institutions

HB 1373 - Conservation and Natural Resources

HB 1376 - Ways and Means

HB 1377 - Transportation

HB 1378 - Transportation

HB 1379 - Transportation

HB 1380 - Transportation

HB 1382 - Transportation

HB 1383 - Workforce Development and Workplace Safety

HB 1384 - Special Committee on Energy and Environment

HB 1385 - Elementary and Secondary Education

HB 1386 - Crime Prevention and Public Safety

HB 1387 - Transportation

HB 1388 - Workforce Development and Workplace Safety

HB 1389 - Judiciary

HB 1390 - Local Government

HB 1392 - Professional Registration and Licensing

HB 1393 - Crime Prevention and Public Safety

HB 1394 - Children and Families

HB 1395 - Insurance Policy

HB 1396 - Transportation

HB 1397 - Judiciary

HB 1398 - Job Creation and Economic Development

HB 1443 - Crime Prevention and Public Safety

HB 1445 - Agriculture Policy

HB 1464 - Workforce Development and Workplace Safety

HB 1465 - Workforce Development and Workplace Safety

HB 1469 - Job Creation and Economic Development

HB 1481 - Workforce Development and Workplace Safety

HB 1484 - Judiciary

HB 1516 - Transportation

HB 1537 - Special Committee on Healthcare Facilities

HB 1539 - Children and Families

HB 1563 - Ways and Means

HB 1574 - Ways and Means

HB 1582 - Elementary and Secondary Education

HB 1594 - Ways and Means

HB 1606 - Workforce Development and Workplace Safety

HB 1608 - Insurance Policy

COMMITTEE REPORTS

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

            Mr. Speaker: Your Committee on Job Creation and Economic Development, to which was referred HB 1228, 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 Veterans, Chairman Jackson reporting:

            Mr. Speaker: Your Committee on Veterans, to which was referred HJR 28, 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.

            Mr. Speaker: Your Committee on Veterans, to which was referred HB 983, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

INTRODUCTION OF HOUSE BILLS

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

HB 1625, introduced by Representatives Fraser, Chappelle-Nadal, Daus, Schoemehl, Bogetto, Curls, Oxford, Jolly, Storch and Bowman, relating to concealed carry endorsements.

HB 1626, introduced by Representatives Yates and Cooper (120), relating to service contracts.

HB 1627, introduced by Representatives Avery and Yates, relating to anatomic pathology services.

HB 1628, introduced by Representative Smith (118), relating to the Missouri department of transportation and highway patrol retirement system.

HB 1629, introduced by Representatives Sander, Smith (118), Portwood, Stevenson and Sater, relating to the duties of the labor and industrial relations commission.

HB 1630, introduced by Representatives Brown (30), Dusenberg, Phillips, Cunningham (145), Schaaf, Denison, Fisher, Silvey, Bivins, Hunter and Cooper (120), relating to using a mobile communication device while operating a moving motor vehicle.

HB 1631, introduced by Representatives Wells, Dusenberg, Parson, Schad, Jones, Aull, Wallace, Pollock, Sater, Franz, Dethrow, Cunningham (145), Faith, Cooper (155), Lipke, Self, Day, Richard, Kuessner, Witte, Darrough, Brown (50), Smith (14), Denison and Wasson, relating to Missouri state highway patrol.

HB 1632, introduced by Representatives Cooper (120), Rector, Wilson (119), Day, Avery, Hunter, Bivins, Smith (118), Weter, Sanders Brooks, Wildberger, Tilley, Wood, Yaeger and Flook, relating to obtaining, receiving, and selling telephone and cellular phone records without consent.

HB 1633, introduced by Representative Cooper (158), relating to the transfer of existing appropriation payments in the office of administration.

HB 1634, introduced by Representatives Cunningham (145) and Dixon, relating to the designation of a memorial highway.

HB 1635, introduced by Representative Parker, relating to domestic violence.

HB 1636, introduced by Representatives Storch, Baker (25), Donnelly, Sanders Brooks, Oxford, Curls, Lampe, Swinger, Low (39), Boykins and Bogetto, relating to medical assistance for children.

HB 1637, introduced by Representatives Parker, Hubbard, Hughes, Brown (50), Rucker, Hoskins, Bland and Bowman, relating to limitations on firearms possession for domestic violence offenses.

HB 1638, introduced by Representatives Bruns, Bivins, Smith (14), Corcoran, Roorda, Page, Sater, Meadows, Wildberger, Moore, Schad and Parker, relating to torts and action for damages.

HB 1639, introduced by Representatives Munzlinger, Behnen, Dusenberg, Hunter, Ervin, Jones, Parson, Dougherty, Harris (110), McGhee, Ruestman, Whorton, Nieves, Meadows, Self, Wildberger, Moore, Brown (30), Fisher, Smith (14), Smith (150) and Cooper (120), relating to the governor's powers to regulate firearms during a state of emergency.

HB 1640, introduced by Representatives Munzlinger, McGhee, Whorton, Wildberger and Moore, relating to animal-driven vehicles.

HB 1641, introduced by Representatives Meiners, Wildberger, Schneider and Sanders Brooks, relating to children on motorcycles.

HB 1642, introduced by Representatives Cunningham (145), Nieves, Faith, Phillips, Sater, Smith (118), Sutherland, Wells, Pollock, Dethrow, Franz, Jones, Wood, May, Kelly, Loehner, Cooper (155), Schad, Chinn, Cunningham (86), Baker (123), Lembke, Dixon, Weter, Wilson (119), Myers, Rector, Stevenson, Wright (159), Day, Nance, Nolte, Schlottach, Threlkeld, Davis, Bivins, Smith (14), Smith (150), Bean, Quinn, Wright (137), Fisher and Tilley, relating to holidays.

HB 1643, introduced by Representatives Storch, Hubbard, Boykins, Harris (23), Harris (110), Roorda, Meadows, Sanders Brooks, Wildberger, Fraser, Corcoran, LeVota, Brown (50), Salva, Donnelly, Burnett, Kuessner, Skaggs, Bland, Hughes, Henke, Robinson, Oxford, Johnson (90), Witte, Lampe, St. Onge, Zweifel, Darrough, Baker (25), Kratky, Spreng, Shoemyer, Bogetto, Parker, Young, Lowe (44), Aull, Yaeger, Walton, Johnson (61), Wright-Jones, Villa, Daus, Meiners, Low (39), Schoemehl, Haywood, Black, Bowman and Bivins, relating to the twenty-first century scholars program.

HB 1644, introduced by Representative Smith (118), relating to salaries for county public administrators.

HB 1645, introduced by Representatives Roorda, Casey, Johnson (90), Harris (110), Meadows and Wagner, relating to residential construction regulations.

HB 1646, introduced by Representatives Chappelle-Nadal, Parker, Bogetto and McGhee, relating to drug testing of certain state elected officials, officers, and managerial employees.

HB 1647, introduced by Representatives Wood and Wasson, relating to incorporation of cities.

HB 1648, introduced by Representatives Bivins, McGhee, Yaeger, Stevenson, Sater, Robinson, Roorda, Bogetto, Donnelly, Storch and Moore, relating to reports of child abuse and neglect.

HB 1649, introduced by Representatives Moore, Dusenberg, Kraus, Bivins, Dixon, Brown (30), Sander, Ruestman, Nolte, Harris (110), Flook, Wildberger, Meiners, Storch, Weter, Deeken, Lembke, Parson, Faith, Smith (118), Smith (14), Smith (150), Silvey, Jones, Chinn, Wright (159) and Fisher, relating to income taxation.

HB 1650, introduced by Representatives Myers, Loehner, Kelly, Moore, Hobbs and Quinn, relating to acquisition of dairy cows.

HB 1651, introduced by Representative Yates, relating to various enforcement powers of the department of insurance.

HB 1652, introduced by Representative Walton, relating to criminal nonsupport.

HB 1653, introduced by Representative Walton, relating to child support.

HB 1654, introduced by Representative Sutherland, relating to renewal of sales tax licenses.

HB 1655, introduced by Representative Behnen, relating to counselors and therapists.

HB 1656, introduced by Representative Behnen, relating to clinical social workers.

HB 1657, introduced by Representative Behnen, relating to veterinarians.

HB 1658, introduced by Representative Behnen, relating to massage therapists.

HB 1659, introduced by Representative Behnen, relating to automatic revocation of licenses.

HB 1660, introduced by Representative Behnen, relating to licensing and registration of certain professionals.

HB 1661, introduced by Representative Behnen, relating to dentistry.

HB 1662, introduced by Representative Behnen, relating to certain athletic contests.

HB 1663, introduced by Representative Behnen, relating to licensing of embalmers and funeral directors.

HB 1664, introduced by Representative Behnen, relating to dental records.

HB 1665, introduced by Representative Behnen, relating to disciplinary actions for certain professions and their records.

HB 1666, introduced by Representative Behnen, relating to licensing of nursing home administrators.

HB 1667, introduced by Representative Behnen, relating to reciprocal licensing of professional counselors.

HB 1668, introduced by Representative Behnen, relating to licensing of intern pharmacists.

HB 1669, introduced by Representative Behnen, relating to reciprocity for physical therapy assistants.

HB 1670, introduced by Representative Behnen, relating to service of notice by the administrative hearing commission in licensing cases.

HB 1671, introduced by Representative Nolte, relating to property assessments.

MESSAGES FROM THE SENATE

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 587, entitled:

            An act to repeal section 488.5050, RSMo, and to enact in lieu thereof one new section relating to the DNA profiling analysis fund, with an expiration date.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 748, entitled:

            An act to repeal sections 104.403 and 104.404, RSMo, and to enact in lieu thereof two new sections relating to state employee retirement incentive, with an emergency clause.

            Emergency clause adopted.

            In which the concurrence of the House is respectfully requested.

MESSAGES FROM THE GOVERNOR

February 1, 2006

REORGANIZATION PLAN NO. 1

2006

TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE NINETY-THIRD GENERAL ASSEMBLY THE STATE OF MISSOURI:

The elimination of legislatively created barriers to consolidation in the financial industry has allowed financial services companies to embark upon an unprecedented period of mergers and acquisitions resulting in companies now offering “one stop shopping” for financial products previously sold by entities strictly separated by law. Proper regulation of this changing field requires the similar consolidation of insurance and financial regulation within the state. Consolidating these responsibilities into one department makes sense administratively and as a matter of public policy because it will allow for a more coherent and comprehensive approach to regulating professionals, financial services, financial products and transactions.

By virtue of the authority vested in me by the Constitution and laws of the State of Missouri, including the Omnibus State Reorganization Act of 1974 and sections 26.500 through 26.540, RSMo, I hereby transmit Reorganization Plan #1 of 2006, by Executive Order 06-04, to remove the Division of Finance, State Banking Board, Division of Credit Unions, and the Division of Professional Registration from the Department of Economic Development and assign their responsibilities and functions to the Department of Insurance. The Department of Insurance will be renamed the Department of Insurance, Financial Institutions and Professional Registration.

The Division of Professional Registration will be included in this consolidation because the new department’s primary function will be the regulation of industries and individuals, which compliments the division’s primary function of regulating various professions.

SPECIFIC DEPARTMENT STRUCTURE

The new department will be under the administrative authority of the Director of the Department of Insurance, Financial Institutions and Professional Registration who shall appoint a Deputy Director. The Director will be responsible for the management of the department and administration of its programs and services.

The Deputy Director’s primary responsibility shall be assisting the Director with the regulation of the insurance industry. The Deputy Director shall report directly to the Director. There shall be a Division of Consumer Affairs and as many other divisions of insurance as the Director deems necessary for the efficient regulation of the insurance industry. Division directors shall report directly to the Deputy Director.

The Division of Professional Registration, Division of Finance, State Banking Board, and Division of Credit Unions shall be transferred, by Type III transfer, to the Department of Insurance, Financial and Professional Registration. The State Banking Board and the Directors of the Division of Professional Registration, Division of Credit Unions and the Division of Finance shall continue to be appointed and shall retain all authority as currently provided by law.

The department shall be structured in a manner consistent with the following organizational framework:

          1.    Insurance

                  a.    Office of Director - Responsible for policy decisions, legislation, communications and regulations. Shall consist of the department director, deputy director, legal staff, public information staff, legislative coordinator and support staff.

                  b.    Division of Financial Regulation – Responsible for conducting financial analysis and examinations of insurers domiciled in Missouri to verify their financial condition, compliance with Missouri laws, and accepted accounting practices.

                  c.    Division of Market Regulation - Responsible for regulating the performance of insurers in the marketplace.

                  d.    Division of Consumer Affairs - Assists the public in resolving complaints, providing information on insurance policies and investigating insurance fraud.

                  e.    Division of Resource Administration - Oversees licensing, budget, management information systems and support services.

          2.    Division of Professional Registration – Responsible for licensing qualified professionals, appropriately enforcing standards and maintaining an open communication network with the over 400,000 licensees in order to encourage the development of professional services throughout the state. This division shall be under the management and authority of the Director of Professional Registration.

          3.    Division of Finance – Responsible for the execution of the laws relating to banks, trust companies, savings and loans, and the banking business of this state; and of the laws relating to persons, co-partnerships and corporations engaged in the small loan business in this state.

          4.    State Banking Board - Advises the director of finance as to the proper administration of his office and the banking laws of this state and recommends statutory amendments to the general assembly. Also handles appeals from certain decisions and orders of the commissioner of finance; and

          5.    Division of Credit Unions - Responsible for the examination, supervision, chartering, merger and liquidation of all state-chartered credit unions. The division also responds to consumer requests or complaints in regard to credit union services or operations.

                                                                                      Respectfully submitted,

                                                                                 /s/ Matt Blunt

EXECUTIVE ORDER

06-04

WHEREAS, the Missouri Department of Insurance was created pursuant to Article IV, Section 36(b) of the Missouri Constitution and Section 374.010, RSMo; and

WHEREAS, the Division of Finance was created pursuant to Section 361.010 RSMo; and

WHEREAS, the State Banking Board was created pursuant to Section 361.092 RSMo; and

WHEREAS, the Division of Credit Unions was created pursuant to Section 620.010 RSMo; and

WHEREAS, the Division of Professional Registration was created pursuant to Section 620.010 RSMo; and

WHEREAS, the Department of Insurance is charged with the execution of all laws now in force, or which may be hereafter enacted, in relation to insurance and insurance companies doing business in this state; and

WHEREAS, the transfer of financial and professional regulation to one state department would better serve Missouris citizens and is a component of the Governors Executive Branch Reorganization Plan of 2006; and

WHEREAS, consolidation of these regulatory functions and programs would increase efficiencies and provide a more cohesive and coordinated approach to the regulation of financial entities and professional licensees; and

WHEREAS, I am committed to integrating executive branch operations to ensure that the state delivers quality services in the most accessible manner and at the lowest cost to taxpayers.

NOW THEREFORE, I, Matt Blunt, Governor of the State of Missouri, by virtue of the authority vested in me by the Constitution and laws of the State of Missouri, including Article IV, Section 12 of the Missouri Constitution, Chapter 26, RSMo, and the Omnibus State Reorganization Act of 1974, do hereby order the Missouri Department of Insurance and the Missouri Department of Economic Development to cooperate to:

1.       Transfer all authority, powers, duties, functions, records, personnel, property, contracts, budgets, matters pending, and other pertinent vestiges of the Division of Finance to the Department of Insurance by Type III transfer, as defined under the Reorganization Act of 1974; and

2.       Transfer all authority, powers, duties, functions, records, personnel, property, contracts, budgets, matters pending, and other pertinent vestiges of the State Banking Board to the Department of Insurance by Type III transfer, as defined under the Reorganization Act of 1974; and

3.       Transfer all authority, powers, duties, functions, records, personnel, property, contracts, budgets, matters pending, and other pertinent vestiges of the Division of Credit Unions to the Department of Insurance by Type III transfer, as defined under the Reorganization Act of 1974; and

4.       Transfer all authority, powers, duties, functions, records, personnel, property, contracts, budgets, matters pending, and other pertinent vestiges of the Division of Professional Registration to the Department of Insurance by Type III transfer, as defined under the Reorganization Act of 1974; and

5.       Develop mechanisms and processes necessary to effectively transfer all duties, functions, records, personnel, property, contracts, budgets, matters pending, and other pertinent vestiges of the Division of Finance, State Banking Board, Division of Credit Unions and Division of Professional Registration to the Missouri Department of Insurance; and

6.       Ensure that the reconstituted Department of Insurance is organized in a manner consistent with the structure provided in the Governors Executive Branch Reorganization Plan of 2006; and

7.       Take the steps necessary to maintain compliance with federal requirements, so as not to jeopardize federal financial participation with this consolidation.

The Missouri Department of Insurance shall henceforth be known as, the Missouri Department of Insurance, Financial Institutions and Professional Registration.

This Order shall become effective no sooner than August 28, 2006 unless disapproved within sixty days of its submission to the Second Regular Session of the 93rd General Assembly.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 1st day of February, 2006.

                                                                                 /s/ Matt Blunt

                                                                                      Governor

                                                                                      ATTEST:

                                                                                 /s/ Robin Carnahan

                                                                                      Secretary of State

______________

February 1, 2006

REORGANIZATION PLAN NO. 2

2006

TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE NINETY-THIRD GENERAL ASSEMBLY THE STATE OF MISSOURI:

By virtue of the authority vested in me by the Constitution and laws of the State of Missouri, including the Omnibus State Reorganization Act of 1974 and sections 26.500 through 26.540, RSMo, I hereby transmit Reorganization Plan No. 2 of 2006, by Executive Order 06-05, to transfer the Missouri Rx Plan Advisory Commission from the Department of Health and Senior Services and assign it, and all of its responsibilities and functions, to the Department of Social Services.

The transfer of the Missouri Rx Plan Advisory Commission from the Department of Health and Senior Services to the Department of Social Services will improve efficiencies within state government, as the Department of Social Services is tasked with administering the state’s pharmaceuticals program, popularly known as “The Missouri Rx Plan”.

The Missouri Rx Plan Advisory Commission and the Department of Social Services currently have similar and overlapping functions, which results in the duplication of efforts and waste that can be eliminated by this consolidation. Further, combining these responsibilities into one department makes sense administratively and as a matter of public policy because it will allow a more coherent and comprehensive approach to administering and promoting the Missouri Rx Plan.

SPECIFIC DEPARTMENT STRUCTURE

The Missouri Rx Plan Advisory Commission will retain all functions and authority as provided by law. The Department of Social Services shall furnish administrative support and staff as is necessary for the effective operation of the Missouri Rx Plan Advisory Commission.

                                                                                      Respectfully submitted,

                                                                                  /s/ Matt Blunt

EXECUTIVE ORDER

06-05

WHEREAS, the Department of Social Services was established pursuant to Article IV, Section 37 of the Missouri Constitution; and

WHEREAS, the Department of Health and Senior Services was established pursuant to Section 192.005, RSMo; and

WHEREAS, the Missouri Rx Plan Advisory Commission (“Commission”) was established by Section 208.792. 1, RSMo, and is currently assigned to the Department of Health and Senior Services; and

WHEREAS, the Commission provides advice on guidelines, policies, and procedures necessary to establish the Missouri Rx plan; educates Missouri residents on quality prescription drug programs and cost-containment strategies in medication therapy; and assists Missouri residents in enrolling or accessing prescription drug assistance programs for which they are eligible; and

WHEREAS, the Missouri Rx Plan was established pursuant to Section 208.782, RSMo and assigned to the Department of Social Services; and

WHEREAS, the purpose of the Missouri Rx Plan is to provide certain pharmaceutical benefits to certain elderly and disabled residents of this state, to facilitate coordination of benefits between the Missouri Rx plan and the federal Medicare Part D drug benefit program, as well as to enroll such individuals in said program; and

WHEREAS, consolidation of the Commission and the Missouri Rx Plan within one department would increase efficiencies and eliminate duplication of efforts and is a component of the Governor’s Executive Branch Reorganization Plan of 2006; and

WHEREAS, I am committed to integrating executive branch operations to ensure that the state delivers quality services in the most accessible manner and at the lowest cost to taxpayers.

NOW, THEREFORE, I, MATT BLUNT, GOVERNOR OF THE STATE OF MISSOURI, by virtue of the authority vested in me by the Constitution and the Laws of the State of Missouri, do hereby order the Missouri Department of Social Services and the Missouri Department of Health and Senior Services, to cooperate to:

1.       Transfer all the authority, powers, duties, functions, records, personnel, property, contracts, budgets, matters pending, and other pertinent vestiges of the Missouri Rx Plan Advisory Commission from the Department of Health and Senior Services to the Department of Social Services; and

2.       Develop mechanisms and processes necessary to effectively transfer the Missouri Rx Plan Advisory Commission to the Department of Social Services; and

3.       Take the steps necessary to maintain compliance with federal requirements, so as not to jeopardize federal financial participation with this consolidation.

This Order shall become effective no sooner than August 28, 2006 unless disapproved within sixty days of its submission to the Second Regular Session of the 93rd General Assembly.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson on this 1st day of February, 2006.

                                                                                 /s/ Matt Blunt

                                                                                      Governor

                                                                                      ATTEST:

/s/ Robin Carnahan

                                                                                      Secretary of State

______________

February 1, 2006

REORGANIZATION PLAN NO. 3

2006

TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE NINETY-THIRD GENERAL ASSEMBLY THE STATE OF MISSOURI:

By virtue of the authority vested in me by the Constitution and laws of the State of Missouri, including the Omnibus State Reorganization Act of 1974 and sections 26.500 through 26.540, RSMo, I hereby transmit Reorganization Plan No. 3 of 2006, by Executive Order 06-06, to transfer the Missouri Assistive Technology Advisory Council from the Office of Administration and assign it, and all of its responsibilities and functions, to the Department of Elementary and Secondary Education.

The transfer of the Missouri Assistive Technology Advisory Council from the Office of Administration to the Department of Elementary and Secondary Education will improve efficiencies within state government, as other vocational rehabilitation and special education services are already provided by the Department of Elementary and Secondary Education.

Further, transferring this council to a department that provides services germane to the council’s stated purpose makes sense administratively and as a matter of public policy because it will allow a more coherent and comprehensive approach to providing these services.

SPECIFIC DEPARTMENT STRUCTURE

The Missouri Assistive Technology Advisory Council will retain all functions and authority as provided by law. The Department of Elementary and Secondary Education shall furnish the necessary administrative support and staff for the efficient operation of the Missouri Assistive Technology Advisory Council.

                                                                                      Respectfully submitted,

                                                                                 /s/ Matt Blunt

EXECUTIVE ORDER

06-06

WHEREAS, the Missouri Office of Administration was created pursuant to Article IV, Section 12, of the Missouri Constitution and Chapter 37, RSMo; and

WHEREAS, the Department of Elementary and Secondary Education was authorized pursuant to Article IX of the Missouri Constitution and created pursuant to Section 161.020, RSMo; and

WHEREAS, Missouri is home to nearly one million persons with disabilities; and

WHEREAS, the Missouri Assistive Technology Advisory Council was established by Section 191.853, RSMo, and is currently assigned to the Office of Administration; and

WHEREAS, the Missouri Assistive Technology Advisory Council supports access to adaptive devices that increase the independence and productivity of Missourians with all types of disabilities; and

WHEREAS, the Missouri Assistive Technology Advisory Council provides training, technical assistance, and education and rehabilitation services for individuals with disabilities and employers; and

WHEREAS, the work of the Missouri Assistive Technology Advisory Council would be strengthened by a move to the Department of Elementary and Secondary Education where other vocational rehabilitation and special education services are provided; and

WHEREAS, the transfer of the Missouri Assistive Technology Advisory Council would better serve Missouri’s citizens by increasing efficiencies and eliminating duplication of efforts and is a component of the Governor’s Executive Branch Reorganization Plan of 2006; and

WHEREAS, I am committed to integrating executive branch operations to improve the way the state delivers services;

NOW, THEREFORE, I, MATT BLUNT, GOVERNOR OF THE STATE OF MISSOURI, by virtue of the authority vested in me by the Constitution and the Laws of the State of Missouri, do hereby order the Missouri Office of Administration and the Missouri Department of Elementary and Secondary Education, to cooperate to:

1.       Transfer all the authority, powers, duties, functions, records, personnel, property, contracts, budgets, matters pending, and other pertinent vestiges of the Missouri Assistive Technology Advisory Council from the Office of Administration to the Department of Elementary and Secondary Education, by Type III transfer, as defined under the Reorganization Act of 1974; and

2.       Develop mechanisms and processes necessary to effectively transfer the Missouri Assistive Technology Advisory Council to the Department of Elementary and Secondary Education; and

3.       Take the steps necessary to maintain compliance with federal requirements, so as not to jeopardize federal financial participation with this consolidation.

This Executive Order rescinds certain provisions of Executive Order 04-08. Executive Order 04-08 shall remain effective as to all other provisions not specifically modified herein.

This Order shall become effective no sooner than August 28, 2006 unless disapproved within sixty days of its submission to the Second Regular Session of the 93rd General Assembly.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson on this 1st day of February, 2006.

                                                                                 /s/ Matt Blunt

                                                                                      Governor

                                                                                      ATTEST:

                                                                                 /s/ Robin Carnahan

                                                                                      Secretary of State

______________

February 1, 2006

REORGANIZATION PLAN NO. 4

2006

TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE NINETY-THIRD GENERAL ASSEMBLY THE STATE OF MISSOURI:

By virtue of the authority vested in me by the Constitution and laws of the State of Missouri, including the Omnibus State Reorganization Act of 1974 and sections 26.500 through 26.540, RSMo, I hereby transmit Reorganization Plan No. 4 of 2006, by Executive Order 06-07, to transfer the Missouri Life Sciences Research Board from the Office of Administration and assign it, and all of its responsibilities and functions, to the Department of Economic Development.

The transfer of the Missouri Life Sciences Research Board from the Office of Administration to the Department of Economic Development will improve efficiencies within state government, as the Department of Economic Development currently administers other programs and state initiatives promoting life sciences in Missouri.

Further, because the Missouri Life Sciences Research Board is responsible for the management, governance, and control of moneys appropriated from the Life Sciences Research Trust Fund, transferring the Board to the department responsible for promoting life science initiatives makes sense administratively and as a matter of public policy because it will allow a more coherent and comprehensive approach to allocating resources for the promotion of Missouri as a leading center for life sciences research.

SPECIFIC DEPARTMENT STRUCTURE

The Missouri Life Sciences Research Board will retain all functions and authority as provided by law. The Department of Economic Development shall furnish administrative support and staff as is necessary for the effective operation of the Missouri Life Sciences Research Board.

                                                                                      Respectfully submitted,

                                                                                /s/ Matt Blunt

EXECUTIVE ORDER

06-07

WHEREAS, the Missouri Office of Administration was authorized pursuant to Article IV, Section 12, of the Missouri Constitution and Chapter 37, RSMo; and

WHEREAS, the Department of Economic Development was authorized pursuant to Article IV, Section 12, of the Missouri Constitution and Chapter 620, RSMo; and

WHEREAS, the Missouri Life Sciences Research Board was created by section 196.1103, RSMo, and is currently assigned to the Office of Administration; and

WHEREAS, the Board is responsible for the management, governance, and control of moneys appropriated from the Life Sciences Research Trust Fund; and

WHEREAS, the Life Sciences Research Trust Fund was established to receive funds from the state’s portion of the tobacco Master Settlement Agreement; and

WHEREAS, life sciences is a fast-emerging industry that is an integral part of Missouri’s economy; and

WHEREAS, the work of the Missouri Life Sciences Research Board would be enhanced by a move to the Department of Economic Development where other state initiatives promoting life sciences in Missouri are located; and

WHEREAS, the transfer of the Missouri Life Sciences Research Board would better serve Missouri’s citizens by increasing efficiencies and is a component of the Governor’s Executive Branch Reorganization Plan of 2006; and

WHEREAS, I am committed to integrating executive branch operations to ensure that the state delivers quality services in the most accessible manner and at the lowest cost to taxpayers.

NOW, THEREFORE, I, MATT BLUNT, GOVERNOR OF THE STATE OF MISSOURI, by virtue of the authority vested in me by the Constitution and the Laws of the State of Missouri, do hereby order the Missouri Office of Administration and the Missouri Department of Economic Development to cooperate to:

1.       Transfer all the authority, powers, duties, functions, records, personnel, property, contracts, budgets, matters pending, and other pertinent vestiges of Missouri Life Sciences Research Board from the Office of Administration to the Department of Economic Development, by Type III transfer, as defined under the Reorganization Act of 1974; and

2.       Develop mechanisms and processes necessary to effectively transfer the Missouri Life Sciences Research Board to the Department of Economic Development; and

3.       Transfer the responsibility for staff support for the Missouri Life Sciences Research Board from the Office of Administration to the Department of Economic Development; and

4.       Take the steps necessary to maintain compliance with federal requirements, so as not to jeopardize federal financial participation with this consolidation.

This Order shall become effective no sooner than August 28, 2006 unless disapproved within sixty days of its submission to the Second Regular Session of the 93rd General Assembly.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson on this 1st day of February, 2006.

                                                                                 /s/ Matt Blunt

                                                                                      Governor

                                                                                      ATTEST:

                                                                                 /s/ Robin Carnahan

                                                                                      Secretary of State

         The following members’ presence was noted: Marsh and Meadows.

ADJOURNMENT

         On motion of Representative Dempsey, the House adjourned until 4:00 p.m., Monday, February 6, 2006.

COMMITTEE MEETINGS

APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

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

Budget overviews of Governor's recommendations.

Mark up for Departments of Agriculture, Natural Resources, and Conservation.

Possible Executive session.

APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Wednesday, February 8, 2006, 2:45 p.m. Hearing Room 4.

Budget overviews of Governor's recommendations.

Mark up for Departments of Agriculture, Natural Resources, and Conservation.

Possible Executive session.

APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Thursday, February 9, 2006, 8:00 a.m. Hearing Room 4.

Budget overviews of Governor's recommendations.

Mark up for Departments of Agriculture, Natural Resources, and Conservation.

Possible Executive session.

APPROPRIATIONS - EDUCATION

Monday, February 6, 2006, 10:30 a.m. Hearing Room 1.

Continue mark up for Department of Elementary and Secondary Education.

Possible Executive session.

APPROPRIATIONS - EDUCATION

Tuesday, February 7, 2006, 8:00 a.m. Hearing Room 1.

Continue mark up for Department of Elementary and Secondary Education, if necessary.

Mark up for Higher Education.

Possible Executive session.

Committee will reconvene at 2:45 p.m.

APPROPRIATIONS - GENERAL ADMINISTRATION

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

Budgets to be reviewed: Office of the Attorney General, and Judiciary.

APPROPRIATIONS - GENERAL ADMINISTRATION

Tuesday, February 7, 2006, 2:45 p.m. Hearing Room 7.

Budgets to be reviewed: Judiciary, if necessary, and Department of Revenue. AMENDED

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Monday, February 6, 2006, 11:00 a.m. Hearing Room 3.

Budget overview for the Departments of Mental Health,

Health and Senior Services, and Social Services.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Tuesday, February 7, 2006, 8:00 a.m. Hearing Room 3.

Budget overview for the Departments of Mental Health,

Health and Senior Services, and Social Services.

Committee will reconvene at 2:45 p.m in Hearing Room 3.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Wednesday, February 8, 2006, 2:45 p.m. Hearing Room 3.

Budget overview for the Departments of Mental Health,

Health and Senior Services, and Social Services.

APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Tuesday, February 7, 2006, 8:00 a.m. Hearing Room 6.

Department of Public Safety.

Mark up and Executive session may follow.

APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Tuesday, February 7, 2006, 2:45 p.m. Hearing Room 6.

Department of Public Safety. Mark up will begin.

Executive session may follow.

CHILDREN AND FAMILIES

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

Executive session may follow.

Public hearing to be held on: HB 974

CRIME PREVENTION AND PUBLIC SAFETY

Tuesday, February 7, 2006, 5:00 p.m. Hearing Room 1.

Executive session may follow.

Public hearings to be held on: HB 1197, HB 1199, HB 1202

SPECIAL COMMITTEE ON STUDENT ACHIEVEMENT AND FINANCE

Monday, February 6, 2006, 5:00 p.m. Hearing Room 1.

Possible Executive session.

Public hearings to be held on: HB 1234, HB 1273, HB 1136

VETERANS

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

Executive session may follow.

Public hearings to be held on: HB 1141, HJR 40, HJR 44

HOUSE CALENDAR

EIGHTEENTH DAY, MONDAY, FEBRUARY 6, 2006

HOUSE BILLS FOR SECOND READING

HB 1625 through HB 1671

HOUSE CONCURRENT RESOLUTION FOR THIRD READING

HCR 5, (1-25-06, Page 129) - Bearden

SENATE BILLS FOR SECOND READING

1       SCS SB 587

2       SCS SB 748

HOUSE CONCURRENT RESOLUTIONS

1       HCR 6, (1-25-06, Page 130) - Burnett

2       HCR 9, (1-25-06, Pages 130-131) - Ruestman