Journal of the House

First Regular Session, 94th General Assembly

TWENTY-FOURTH DAY, Wednesday, February 14, 2007

The House met pursuant to adjournment.

            Speaker Pro Tem Bearden in the Chair.

            Prayer by Pastor Ron Webb, Mt. Calvary Powerhouse Church, Poplar Bluff, Missouri.

              Almighty God, who hast given us this good land for our heritage; we humbly beseech Thee that we may always prove ourselves a people mindful of Thy favor and glad to do Thy will. Bless our nation with honorable industry, sound learning, and pure manners.

              Save us from violence, discord, and confusion; from pride and arrogance, and from every evil way. Defend our liberties, and fashion into one united people the multitudes brought hither out of many kindreds and tongues. Endue with the spirit of wisdom those to whom in Thy Name we entrust the authority of government, that there may be justice and peace at home, and that, through obedience to Thy law, we may show forth Thy praise among the nations of the earth.

              In the time of prosperity, fill our hearts with thankfulness, and in the day of trouble suffer not our trust in Thee to fail; all which we ask through Jesus Christ our Lord. Amen.

              (Adapted Philadelphia Presbyterian, 1905)

            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: Natalie Calvo, Trevor Crainshaw, Matt Dear, Matt Mistler and Isaiah Alan Harris.

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

SPECIAL RECOGNITION

            The Harrisonville R-IX Wildcats Football and Softball teams were introduced by Representative Scavuzzo and recognized for attaining the 2006 Class 3 State Football and Softball Championships.

            Lou Brock and the Reverend Jackie Brock were introduced by Representatives Bearden, Dempsey and Schneider and recognized as Outstanding Missourians.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 594 through House Resolution No. 620

HOUSE CONCURRENT RESOLUTIONS

            Representative Walton, et al., offered House Concurrent Resolution No. 28.

            Representative Baker (25), et al., offered House Concurrent Resolution No. 29.

            Representative Pratt, et al., offered House Concurrent Resolution No. 30.

SECOND READING OF HOUSE JOINT RESOLUTION

            HJR 21 was read the second time.

SECOND READING OF HOUSE BILLS

            HB 839 through HB 855 were read the second time.

MOTION

            Representative Dempsey moved that Rule 46(a) be suspended for the limited purpose of allowing amendment number 0761L05.07H to be offered to HCS HBs 444, 217, 225, 239, 243, 297, 402 & 172 as a result of a distribution error.

            Which motion was adopted by the following vote:

PERFECTION OF HOUSE BILL

            HCS HBs 444, 217, 225, 239, 243, 297, 402 & 172, with House Amendment No. 1, pending, relating to a deduction for social security, was taken up by Representative Jetton.

            Representative Zweifel offered House Substitute Amendment No. 1 for House Amendment No. 1.

            Representative Pratt raised points of order that House Substitute Amendment No. 1 for House Amendment No. 1 is not a true substitute amendment and goes beyond the scope of the amendment and the underlying bill.

            The Chair ruled the second point of order well taken.

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

            Representative Wildberger offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill Nos. 444, 217, 225, 239, 243, 297, 402 & 172, Section 143.125, Page 1, Lines 4 and 5, by deleting all of said lines and inserting in lieu thereof the word, "system;"; and

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

            Representative Wildberger moved that House Amendment No. 2 be adopted.

            Which motion was defeated by the following vote:

            Representative LeVota offered House Amendment No. 3.

            Representative Pratt raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.

            The Chair ruled the point of order well taken.

            Representative LeVota offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill Nos. 444, 217, 225, 239, 243, 297, 402 & 172, Section 143.125, Page 1, Line 6, by deleting the following words, "who is sixty-five years of age or older"; and

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

            On motion of Representative LeVota, House Amendment No. 4 was adopted.

            Representative Zweifel offered House Amendment No. 5.

            Representative Pratt raised a point of order that House Amendment No. 5 goes beyond the scope of the bill.

            The Chair ruled the point of order well taken.

            Representative Storch offered House Amendment No. 6.

House Amendment No. 6

AMEND House Committee Substitute for House Bill Nos. 444, 217, 225, 239, 243, 297, 402 & 172, Section 143.125, Page 1, Line 6, by inserting after the word, "older", the following:

              "and whose income is forty thousand dollars or less if the taxpayer's filing status is single, head of household, or married filing separately; or fifty thousand dollars or less if the taxpayer's filing status is married filing combined"; and

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

            Representative Storch moved that House Amendment No. 6 be adopted.

            Which motion was defeated by the following vote:

            HCS HBs 444, 217, 225, 239, 243, 297, 402 & 172, as amended, was laid over.

REFERRAL OF HOUSE RESOLUTION

            The following House Resolution was referred to the Committee indicated:

HR 65 - Rules

REFERRAL OF HOUSE CONCURRENT RESOLUTIONS

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

HCR 21 - Conservation and Natural Resources

HCR 24 - Special Committee on Student Achievement

HCR 25 - Rules

HCR 28 - Special Committee on Veterans

REFERRAL OF HOUSE JOINT RESOLUTIONS

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

HJR 9 - Conservation and Natural Resources

HJR 19 - Special Committee on General Laws

HJR 21 - Rules

REFERRAL OF HOUSE BILLS

            The following House Bills were referred to the Committee indicated:

HB 39 - Fiscal Review (Fiscal Note)

HB 27 - Crime Prevention and Public Safety

HB 32 - Special Committee on Small Business

HB 55 - Health Care Policy

HB 68 - Special Committee on General Laws

HB 71 - Special Committee on Energy and Environment

HB 72 - Health Care Policy

HB 109 - Elementary and Secondary Education

HB 158 - Elections

HB 190 - Special Committee on General Laws

HB 194 - Special Committee on Rural Community Development

HB 252 - Special Committee on Energy and Environment

HB 277 - Corrections and Public Institutions

HB 283 - Local Government

HB 292 - Crime Prevention and Public Safety

HB 324 - Special Committee on Professional Registration and Licensing

HB 336 - Crime Prevention and Public Safety

HB 337 - Crime Prevention and Public Safety

HB 341 - Transportation

HB 354 - Special Committee on State Parks and Waterways

HB 360 - Ways and Means

HB 371 - Special Committee on Workforce Development and Workplace Safety

HB 413 - Special Committee on Professional Registration and Licensing

HB 482 - Special Committee on Homeland Security

HB 510 - Transportation

HB 547 - Special Committee on General Laws

HB 556 - Crime Prevention and Public Safety

HB 564 - Local Government

HB 568 - Health Care Policy

HB 580 - Elementary and Secondary Education

HB 581 - Special Committee on Job Creation and Economic Development

HB 588 - Special Committee on Healthcare Facilities

HB 589 - Special Committee on Urban Issues

HB 595 - Local Government

HB 596 - Transportation

HB 608 - Special Committee on Veterans

HB 615 - Special Committee on General Laws

HB 628 - Conservation and Natural Resources

HB 649 - Special Committee on Workforce Development and Workplace Safety

HB 669 - Special Committee on General Laws

HB 677 - Special Committee on Professional Registration and Licensing

HB 680 - Conservation and Natural Resources

HB 699 - Special Committee on General Laws

HB 702 - Local Government

HB 705 - Health Care Policy

HB 719 - Special Committee on General Laws

HB 722 - Special Committee on Rural Community Development

HB 728 - Special Committee on Health Insurance

HB 729 - Special Committee on Health Insurance

HB 734 - Special Committee on Health Insurance

HB 747 - Agriculture Policy

HB 752 - Special Committee on State Parks and Waterways

HB 754 - Corrections and Public Institutions

HB 762 - Special Committee on General Laws

HB 768 - Transportation

HB 770 - Crime Prevention and Public Safety

HB 775 - Special Committee on Professional Registration and Licensing

HB 776 - Special Committee on Professional Registration and Licensing

HB 777 - Special Committee on Professional Registration and Licensing

HB 778 - Special Committee on Professional Registration and Licensing

HB 779 - Special Committee on Professional Registration and Licensing

HB 780 - Special Committee on Professional Registration and Licensing

HB 784 - Local Government

HB 788 - Health Care Policy

HB 790 - Insurance Policy

HB 811 - Conservation and Natural Resources

HB 821 - Special Committee on Family Services

HB 822 - Judiciary

HB 827 - Special Committee on Student Achievement

HB 829 - Special Committee on Professional Registration and Licensing

HB 830 - Special Committee on Professional Registration and Licensing

HB 831 - Special Committee on Professional Registration and Licensing

HB 832 - Special Committee on Professional Registration and Licensing

HB 833 - Special Committee on Professional Registration and Licensing

HB 839 - Elementary and Secondary Education

HB 840 - Agriculture Policy

HB 841 - Agriculture Policy

COMMITTEE REPORTS

            Committee on Insurance Policy, Chairman Yates reporting:

            Mr. Speaker: Your Committee on Insurance Policy, to which was referred HB 221, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(21)(f) be referred to the Committee on Rules.

            Special Committee on General Laws, Chairman Tilley reporting:

            Mr. Speaker: Your Special Committee on General Laws, to which was referred HB 227, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(21)(f) be referred to the Committee on Rules.

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

            Mr. Speaker: Your Special Committee on Job Creation and Economic Development, to which was referred HB 488, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(21)(f) be referred to the Committee on Rules.

            Special Committee on Tourism, Chairman Marsh reporting:

            Mr. Speaker: Your Special Committee on Tourism, to which was referred HB 69, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(21)(f) be referred to the Committee on Rules.

            Mr. Speaker: Your Special Committee on Tourism, to which was referred HB 272, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(21)(f) be referred to the Committee on Rules.

            Mr. Speaker: Your Special Committee on Tourism, to which was referred HB 351, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(21)(f) be referred to the Committee on Rules.

            Mr. Speaker: Your Special Committee on Tourism, to which was referred HB 576, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(21)(f) be referred to the Committee on Rules.

            Mr. Speaker: Your Special Committee on Tourism, to which was referred HB 678, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(21)(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 856, introduced by Representative Dixon, relating to juvenile court employees.

HB 857, introduced by Representative Smith (150), relating to a prohibition on the implanting of microchips in humans.

HB 858, introduced by Representative Cunningham (86), relating to citizens' right to know act.

HB 859, introduced by Representatives Baker (25), Lampe, Wallace, Talboy, Moore, Hodges, Nasheed and Wright-Jones, relating to a tax credit for contributions to certain educational grant programs.

HB 860, introduced by Representatives Baker (25), Burnett, Oxford, Walsh, LeVota, Talboy, Lampe and Wright-Jones, relating to crime victims.

HB 861, introduced by Representatives Robb, Cunningham (86), Bearden, Emery, Ruestman and Muschany, relating to remedial course reimbursement.

HB 862, introduced by Representative Guest, relating to protections against rabies.

HB 863, introduced by Representatives Dempsey, Schneider, Day, Yates, Pearce, Nieves, Richard, Funderburk, Jones (89), Schad, Wood, Faith, Cunningham (145), Sater, Quinn (7), Cooper (120) and Scharnhorst, relating to qualifications of initiative petition circulators.

HB 864, introduced by Representatives Guest, Sater, McGhee, Wallace, Nieves, Deeken, Wright, Schaaf and Jones (117), relating to a tax credit for certain medical personnel and teachers.

HB 865, introduced by Representative Davis, relating to foreign adoptions.

HB 866, introduced by Representatives Guest, Funderburk, Sater, Wallace, Nieves, Deeken and Schaaf, relating to tow truck operation.

HB 867, introduced by Representatives Donnelly, Stevenson, Daus, Villa, Oxford, Nasheed, Page, Storch, Yaeger, Meiners, Deeken, Lampe, Baker (25), Rucker, McClanahan, Chappelle-Nadal, Hodges, Curls, Witte, Kratky, Johnson, Corcoran, Zweifel and Walsh, relating to elections.

HB 868, introduced by Representatives Guest, Nieves, Whorton, McGhee, Bivins, Dougherty, Meadows, Dusenberg, Brandom, Aull, Kelly, Weter, Schlottach, Jones (117), Hubbard, Ruestman, Wallace, Lowe (44), Wildberger, Icet, Nolte, Dethrow, Wells, Daus, Fisher and Dempsey, relating to compliance with the federal REAL ID Act of 2005.

HB 869, introduced by Representatives Holsman, Hughes, Chappelle-Nadal, Fallert, LeVota, Storch, Low (39), Meadows, Skaggs, Burnett, Page, Brown (50), Scavuzzo, Norr, Nasheed, Harris (110), Zweifel, Grill, El-Amin, Hubbard, Wildberger, Bland, Villa, Meiners, Dougherty, Donnelly, Lowe (44), Komo, Corcoran, Portwood, Spreng, Salva, Curls, Roorda, Talboy, Funderburk, Kuessner, Hoskins, Robinson, Aull, Oxford, Casey, Swinger, Zimmerman, Walsh, Tilley, Rucker, Daus, Norr, Cunningham (86), Silvey, Shively, Frame and McGhee, relating to electric energy.

HB 870, introduced by Representative Onder, relating to county law enforcement restitution fund.

WITHDRAWAL OF HOUSE BILL

TO:                      Adam Crumbliss, Chief Clerk of the House

FROM:                Juanita Head Walton

SUBJECT:          Withdrawal of House Bill No. 398

DATE:                 February 14, 2007

I wish to withdraw House Bill No. 398, relating to disclosure of Social Security Numbers.

ADJOURNMENT

            On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Thursday, February 15, 2007.

COMMITTEE MEETINGS

AGRICULTURE POLICY

Thursday, February 15, 2007, 8:00 a.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 428, HB 693

APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Monday, February 19, 2007, 1:00 p.m. Hearing Room 4.

Review Departments of Agriculture, Natural Resources, and Conservation budgets.

Possible Executive session.

APPROPRIATIONS - EDUCATION

Monday, February 19, 2007, 11:00 a.m. Hearing Room 1.

Performance based measures on new or increased items related to Higher Education.

Possible discussion on budget decision items.

Possible Executive session.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Thursday, February 15, 2007, 8:00 a.m. Hearing Room 5.

Department of Mental Health budget presentation.

Committee will reconvene one hour (1) after adjournment in

Hearing Room 5 for additional budget review.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Monday, February 19, 2007, 12:00 p.m. Hearing Room 5.

Department of Health and Senior Services budget presentation.

APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Monday, February 19, 2007, 12:00 p.m. Hearing Room 7.

Department of Public Safety budget presentation.

Possible Executive session.

BUDGET

Tuesday, February 20, 2007, Hearing Room 3 upon morning adjournment.

Executive session may follow.

Public hearing to be held on: HB 16

CORRECTIONS AND PUBLIC INSTITUTIONS

Tuesday, February 20, 2007, 5:00 p.m. Hearing Room 4.

Executive session may follow.

Public hearings to be held on: HB 338, HB 268, HB 495, HB 62, HB 467

FISCAL REVIEW

Thursday, February 15, 2007, 9:30 a.m. House Chamber north gallery.

Committee will review any bills that may be referred.

JOINT COMMITTEE ON ADMINISTRATIVE RULES

Wednesday, February 21, 2007, Senate Lounge upon afternoon adjournment.

Upon afternoon adjournment of both Houses hearing will begin.

Should either House continue after 8:00 p.m., hearing will be held on

February 22, 2007 at 8:00 a.m. in Senate Committee Room 2. 11 CSR 45-12.080

RULES

Thursday, February 15, 2007, 9:30 a.m. House Chamber south gallery.

Executive session may follow.

Public hearing to be held on: HCR 15

RULES - PURSUANT TO RULE 25(21)(f)

Thursday, February 15, 2007, 9:30 a.m. House Chamber south gallery.

Executive session may follow.

Public hearings to be held on: HB 46, HB 205, HB 269

SPECIAL COMMITTEE ON PROFESSIONAL REGISTRATION AND LICENSING

Thursday, February 15, 2007, 8:00 a.m. Hearing Room 7.

Executive session may follow.

Public hearings to be held on: HB 233, HB 310, HB 544

SPECIAL COMMITTEE ON RETIREMENT

Thursday, February 15, 2007, 8:00 a.m. Hearing Room 1.

Executive session may follow.

Public hearing to be held on: HB 625

SPECIAL COMMITTEE ON STATE PARKS AND WATERWAYS

Thursday, February 15, 2007, 8:00 a.m. Hearing Room 4.

Executive session may follow.

Public hearing to be held on: HCR 8

WAYS AND MEANS

Thursday, February 15, 2007, 8:00 a.m. Hearing Room 3.

Executive session.

Public hearings to be held on: HB 165, HB 368

HOUSE CALENDAR

TWENTY-FIFTH DAY, THURSDAY, FEBRUARY 15, 2007

HOUSE BILLS FOR SECOND READING

HB 856 through HB 870

HOUSE JOINT RESOLUTIONS FOR PERFECTION

1          HCS HJR 1 - Cunningham (86)

2          HJR 7 - Nieves

HOUSE BILL FOR PERFECTION - APPROPRIATIONS

HCS HB 14 - Icet

HOUSE BILLS FOR PERFECTION

1          HCS HB 444, 217, 225, 239, 243, 297, 402 & 172, as amended - Jetton

2          HCS HB 189 & 60 - Jones (117)

3          HB 262 - Nieves

4          HB 263 - Nieves

5          HCS HB 327 - Richard

6          HCS HB 369 - Fisher

7          HCS HB 636, 308 & 173 - Kraus

8          HCS HB 40, 116 & 367 - Portwood

HOUSE BILL FOR PERFECTION - CONSENT

 (2/12/07)

HB 70 - Day

HOUSE BILLS FOR THIRD READING

1          HCS HB 545 & 590 - Tilley

2          HCS HB 39, (Fiscal Review 2-14-07), E.C. - Portwood