Journal of the House

First Regular Session, 94th General Assembly

THIRTY-FOURTH DAY, Monday, March 5, 2007

The House met pursuant to adjournment.

Representative Stevenson in the Chair.

Prayer by Reverend James Earl Jackson.

You are worthy, O Lord, to receive glory and honor and power; For You created all things, and by Your will they exist and were created.

You have called us as laborers together with You. We need Your partnership. We know that without You, we are so limited in what we are able to do. You see what we can't see; You know what we don't know; You have wisdom and insight that we don't have. We simply must have Your help if we are going to succeed in what You have commissioned us to do.

So we continue: working to improve the quality of life for all Missourians. We continue: confident that You are directing our steps as we listen intently to You, advisors, and constituents.

Now may You, the God of hope, fill us with all joy and peace in believing, so that we would abound in hope by the power of Your Spirit.

For it's in the name of Your Son we pray. Amen.

The Pledge of Allegiance to the flag was recited.

The Speaker appointed the following to act as an Honorary Page for the Day, to serve without compensation: William Branch Blunt.

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

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 893 through House Resolution No. 997

SECOND READING OF HOUSE CONCURRENT RESOLUTION

HCR 37 was read the second time.

SECOND READING OF HOUSE JOINT RESOLUTIONS

HJR 26 and HJR 27 were read the second time.

SECOND READING OF HOUSE BILLS - APPROPRIATIONS

HB 1 through HB 3 were read the second time.

SECOND READING OF HOUSE BILLS

HB 1021 through HB 1045 were read the second time.

PERFECTION OF HOUSE BILL

HCS HB 620, relating to teacher certification and mentoring, was taken up by Representative Muschany.

Representative Lampe offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 620, Page 2, Section 161.375, Line 34, by inserting after all of said line the following:

"161.380. 1. The department of elementary and secondary education shall develop standards for teaching in Missouri public schools no later than June 30, 2008. The standards shall be applicable to all public schools, including public charter schools.

2. Teaching standards shall include, but not be limited to, the following:

(1) Students actively participate and are successful in the learning process;

(2) Various forms of assessment are used to monitor and manage student learning;

(3) The teacher is prepared and knowledgeable of the content and effectively maintains students’ on-task behavior;

(4) The teacher uses professional communication and interaction with the school community;

(5) The teacher keeps current on instructional knowledge and seeks and explores changes in teaching behaviors that will improve student performance; and

(6) The teacher acts as a responsible professional in the overall mission of the school.

3. The department shall establish key criteria by which teaching may be evaluated under the teaching standards. The teaching standards and criteria shall serve as the basis for establishment of district performance-based teaching evaluations pursuant to section 168.128, RSMo, and teacher professional development plans.

4. The evaluation system shall:

(1) Supply information and feedback regarding effective practice;

(2) Offer a pathway for individual professional growth;

(3) Allow a mechanism to nurture professional growth toward common goals; and

(4) Support a learning community in which people are encouraged to improve and share insights in the profession.

5. The teaching standards and evaluation system shall be based upon the following principles:

(1) The responsibility for staff evaluation and professional growth resides at the school district level;

(2) The teaching evaluation model addresses teaching evaluation and professional development;

(3) Sufficient orientation is provided to acquaint teachers with the district’s evaluation and professional growth process and the specific criteria to be documented;

(4) Adequate time is provided for teachers to grow professionally in order to become involved in activities such as mentoring programs, peer coaching, and working on professional teams;

(5) The system allows for teacher reflection, teacher collaboration, and staff contribution to the learning community;

(6) A strong mentoring program with sufficient funding and proper training is essential for providing the necessary support and feedback for first-year and second-year teachers;

(7) Reliable evaluators are essential to the evaluation process;

(8) The use of multiple trained evaluators may be appropriate and beneficial in some districts;

(9) A post-observation conference is conducted within a reasonable period of time following a classroom observation;

(10) The system provides for a professional connection between the criteria, student performance, and building goals and district school improvement plans;

(11) All teachers have a professional development plan or a professional improvement plan;

(12) Professional improvement plans are developed to assist teachers not meeting district expectations;

(13) Professional development plans are informed by applicable teacher certification requirements;

(14) The local professional development committee serves as a resource to provide teachers with quality professional development opportunities related to their professional development plans; and

(15) The administrator or supervisor is responsible for the management of the teaching evaluation and professional development phases of the evaluation.

6. In developing such teaching standards and evaluation models, the department shall involve representatives from the state teacher organizations, administration and principal organizations, Missouri advisory council for the certification of educators as created by section 168.015, Missouri staff development douncil, and colleges and universities."; and

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

Representative Lampe moved that House Amendment No. 1 be adopted.

Which motion was defeated by the following vote:

AYES: 073

Aull	Baker 25	Baker 123	Bland	Bowman
Bringer	Brown 50	Burnett	Casey	Chappelle-Nadal
Corcoran	Curls	Darrough	Daus	Donnelly
El-Amin	Fallert	Frame	George	Grill
Harris 23	Harris 110	Haywood	Hodges	Holsman
Hughes	Johnson	Komo	Kratky	Kuessner
Lampe	LeVota	Liese	Low 39	Lowe 44
McClanahan	McGhee	Meadows	Meiners	Nasheed
Norr	Oxford	Page	Quinn 9	Robinson
Roorda	Rucker	Salva	Scavuzzo	Schieffer
Schneider	Schoemehl	Shively	Silvey	Skaggs
Spreng	Storch	Swinger	Talboy	Todd
Villa	Vogt	Wallace	Walsh	Whorton
Wildberger	Witte	Wright 159	Wright-Jones	Yaeger
Young	Zimmerman	Zweifel

NOES: 086

Bearden	Bivins	Brandom	Bruns	Cooper 120
Cooper 155	Cooper 158	Cox	Cunningham 145	Cunningham 86
Davis	Day	Deeken	Dempsey	Denison
Dethrow	Dixon	Dougherty	Dusenberg	Emery
Ervin	Faith	Fares	Fisher	Flook
Franz	Funderburk	Grisamore	Guest	Hobbs
Hoskins	Hubbard	Hunter	Icet	Jones 89
Jones 117	Kelly	Kingery	Kraus	Lembke
Lipke	Loehner	Marsh	May	Moore
Munzlinger	Muschany	Nance	Nieves	Nolte
Onder	Parson	Pearce	Pollock	Portwood
Pratt	Quinn 7	Richard	Robb	Ruestman
Ruzicka	Sander	Sater	Schad	Scharnhorst
Schlottach	Schoeller	Self	Smith 14	Smith 150
Stevenson	St. Onge	Stream	Sutherland	Thomson
Threlkeld	Tilley	Viebrock	Wasson	Wells
Weter	Wilson 119	Wilson 130	Wood	Yates
Mr Speaker

PRESENT: 000

ABSENT WITH LEAVE: 004

Avery	Brown 30	Schaaf	Walton

Representative Aull offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 620, Page 3, Section 168.021, Lines 29 to 37, by deleting all of said lines and inserting in lieu thereof the following:

"(a) Ability to work with children as demonstrated at the end of course work by successful completion of at least one full semester of full-time student teaching in an accredited public school in the area of the teaching candidate's specialization under the direction of a certificated public school teacher;"; and

Further amend said bill, page, and section, Line 42, by deleting the word "and"; and

Further amend said bill, page, and section, Line 43, by deleting the word "evaluation." and inserting in lieu thereof the following:

"evaluation conducted by the appropriate administrator in the school where the teaching candidate completes his or her student teaching;

(e) Successful attainment of the Missouri qualifying score on the exit assessment for teachers or administrators designated by the state board of education. Applicants who have not successfully achieved a qualifying score on the designated examinations will be issued a two-year nonrenewable provisional certificate; and

(f) Completion of an appropriate background check as required by the state board of education for teaching candidates."; and

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

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

Which motion was defeated by the following vote:

AYES: 073

Aull	Baker 25	Bland	Bowman	Bringer
Brown 50	Burnett	Casey	Chappelle-Nadal	Corcoran
Curls	Darrough	Daus	Day	Donnelly
Fallert	Frame	George	Grill	Harris 23
Harris 110	Haywood	Hodges	Holsman	Hughes
Komo	Kratky	Kraus	Kuessner	Lampe
LeVota	Liese	Low 39	Lowe 44	Marsh
McClanahan	McGhee	Meadows	Meiners	Moore
Nance	Nasheed	Norr	Oxford	Page
Quinn 9	Robinson	Roorda	Rucker	Salva
Scavuzzo	Schieffer	Schneider	Schoemehl	Shively
Silvey	Skaggs	Spreng	Storch	Swinger
Talboy	Todd	Villa	Vogt	Wallace
Walsh	Whorton	Witte	Wright-Jones	Yaeger
Young	Zimmerman	Zweifel

NOES: 083

Baker 123	Bearden	Bivins	Brandom	Bruns
Cooper 120	Cooper 155	Cooper 158	Cox	Cunningham 145
Cunningham 86	Davis	Deeken	Denison	Dethrow
Dixon	Dougherty	Dusenberg	El-Amin	Emery
Ervin	Faith	Fares	Fisher	Flook
Franz	Funderburk	Grisamore	Guest	Hobbs
Hoskins	Hubbard	Hunter	Icet	Jones 89
Jones 117	Kelly	Lembke	Lipke	Loehner
May	Munzlinger	Muschany	Nieves	Nolte
Onder	Parson	Pearce	Pollock	Portwood
Pratt	Quinn 7	Richard	Robb	Ruestman
Ruzicka	Sander	Sater	Schad	Scharnhorst
Schlottach	Schoeller	Self	Smith 14	Smith 150
Stevenson	St. Onge	Stream	Sutherland	Thomson
Threlkeld	Tilley	Viebrock	Wasson	Wells
Weter	Wildberger	Wilson 119	Wilson 130	Wood
Wright 159	Yates	Mr Speaker

PRESENT: 001

Johnson

ABSENT WITH LEAVE: 006

Avery	Brown 30	Dempsey	Kingery	Schaaf
Walton

On motion of Representative Muschany, HCS HB 620 was adopted.

On motion of Representative Muschany, HCS HB 620 was ordered perfected and printed.

THIRD READING OF HOUSE BILLS - CONSENT

HCS HB 678, relating to make-up days for public schools, was taken up by Representative Marsh.

On motion of Representative Marsh, HCS HB 678 was read the third time and passed by the following vote:

AYES: 144

Aull	Baker 25	Baker 123	Bearden	Bivins
Bland	Brandom	Bringer	Brown 50	Bruns
Burnett	Casey	Cooper 120	Cooper 155	Cooper 158
Corcoran	Cox	Cunningham 145	Curls	Darrough
Davis	Day	Deeken	Dempsey	Denison
Dethrow	Dixon	Donnelly	Dougherty	Dusenberg
Ervin	Faith	Fallert	Fares	Fisher
Flook	Frame	Franz	Funderburk	Grill
Grisamore	Guest	Harris 23	Harris 110	Haywood
Hobbs	Hodges	Holsman	Hoskins	Hubbard
Hunter	Icet	Jones 89	Jones 117	Kelly
Kingery	Kratky	Kraus	Kuessner	Lampe
Lembke	LeVota	Liese	Lipke	Loehner
Low 39	Lowe 44	Marsh	May	McClanahan
McGhee	Meadows	Meiners	Moore	Munzlinger
Nance	Nasheed	Nieves	Nolte	Norr
Oxford	Page	Parson	Pearce	Pollock
Portwood	Pratt	Quinn 7	Quinn 9	Richard
Robb	Robinson	Rucker	Ruestman	Ruzicka
Salva	Sander	Sater	Scavuzzo	Schad
Scharnhorst	Schieffer	Schlottach	Schoeller	Schoemehl
Self	Shively	Silvey	Skaggs	Smith 14
Smith 150	Spreng	Stevenson	St. Onge	Storch
Sutherland	Swinger	Talboy	Thomson	Threlkeld
Tilley	Todd	Viebrock	Villa	Vogt
Wallace	Walsh	Wasson	Wells	Weter
Whorton	Wildberger	Wilson 119	Wilson 130	Witte
Wood	Wright 159	Wright-Jones	Yaeger	Yates
Young	Zimmerman	Zweifel	Mr Speaker

NOES: 006

Chappelle-Nadal	Daus	George	Hughes	Komo
Roorda

PRESENT: 004

Cunningham 86	Johnson	Muschany	Onder

ABSENT WITH LEAVE: 009

Avery	Bowman	Brown 30	El-Amin	Emery
Schaaf	Schneider	Stream	Walton

Representative Stevenson declared the bill passed.

The emergency clause was adopted by the following vote:

AYES: 139

Aull	Baker 123	Bearden	Bivins	Bland
Brandom	Bringer	Brown 50	Bruns	Burnett
Casey	Cooper 120	Cooper 155	Cooper 158	Corcoran
Cox	Cunningham 145	Curls	Darrough	Davis
Day	Deeken	Dempsey	Denison	Dethrow
Dixon	Donnelly	Dougherty	Dusenberg	El-Amin
Ervin	Faith	Fallert	Fares	Fisher
Flook	Frame	Franz	Funderburk	Grill
Grisamore	Guest	Harris 23	Harris 110	Hobbs
Hodges	Hoskins	Hubbard	Hunter	Icet
Jones 89	Jones 117	Kelly	Kingery	Kratky
Kraus	Kuessner	Lampe	Lembke	Liese
Lipke	Loehner	Lowe 44	Marsh	May
McClanahan	McGhee	Meadows	Meiners	Moore
Munzlinger	Nance	Nasheed	Nieves	Nolte
Norr	Oxford	Page	Parson	Pearce
Pollock	Portwood	Pratt	Quinn 7	Quinn 9
Richard	Robb	Robinson	Rucker	Ruestman
Ruzicka	Salva	Sander	Sater	Scavuzzo
Schad	Scharnhorst	Schieffer	Schlottach	Schoeller
Schoemehl	Self	Shively	Silvey	Smith 14
Smith 150	Spreng	Stevenson	St. Onge	Storch
Stream	Sutherland	Swinger	Thomson	Threlkeld
Tilley	Todd	Viebrock	Villa	Vogt
Wallace	Walsh	Wasson	Wells	Weter
Whorton	Wildberger	Wilson 119	Wilson 130	Witte
Wood	Wright 159	Wright-Jones	Yaeger	Yates
Young	Zimmerman	Zweifel	Mr Speaker

NOES: 015

Baker 25	Bowman	Chappelle-Nadal	Daus	George
Haywood	Holsman	Hughes	Komo	LeVota
Low 39	Roorda	Schneider	Skaggs	Talboy

PRESENT: 004

Cunningham 86	Johnson	Muschany	Onder

ABSENT WITH LEAVE: 005

Avery	Brown 30	Emery	Schaaf	Walton

HB 70, relating to a certain high school course exemption, was taken up by Representative Day.

On motion of Representative Day, HB 70 was read the third time and passed by the following vote:

AYES: 130

Aull	Baker 123	Bearden	Bivins	Bland
Brandom	Brown 50	Bruns	Burnett	Casey
Cooper 120	Cooper 155	Cooper 158	Cox	Cunningham 145
Cunningham 86	Darrough	Day	Deeken	Dempsey
Denison	Dethrow	Dixon	Dougherty	Dusenberg
El-Amin	Ervin	Faith	Fares	Fisher
Flook	Frame	Franz	Funderburk	George
Grill	Grisamore	Harris 23	Harris 110	Hobbs
Hodges	Hoskins	Hubbard	Hughes	Hunter
Icet	Johnson	Jones 89	Jones 117	Kelly
Kingery	Komo	Kratky	Kraus	Lampe
Lembke	Liese	Lipke	Marsh	May
McClanahan	McGhee	Meadows	Meiners	Moore
Munzlinger	Muschany	Nance	Nasheed	Nieves
Nolte	Norr	Onder	Oxford	Page
Parson	Pearce	Pollock	Portwood	Pratt
Quinn 7	Quinn 9	Richard	Robb	Robinson
Rucker	Ruestman	Ruzicka	Salva	Sander
Scavuzzo	Schad	Scharnhorst	Schieffer	Schlottach
Schoeller	Self	Shively	Silvey	Skaggs
Smith 14	Smith 150	Spreng	Stevenson	St. Onge
Storch	Stream	Sutherland	Swinger	Thomson
Threlkeld	Tilley	Todd	Villa	Walsh
Wasson	Wells	Weter	Whorton	Wildberger
Wilson 119	Wilson 130	Witte	Wood	Wright 159
Yates	Young	Zimmerman	Zweifel	Mr Speaker

NOES: 027

Baker 25	Bowman	Bringer	Chappelle-Nadal	Corcoran
Curls	Daus	Davis	Donnelly	Fallert
Haywood	Holsman	Kuessner	LeVota	Loehner
Low 39	Lowe 44	Roorda	Sater	Schneider
Schoemehl	Talboy	Viebrock	Vogt	Wallace
Wright-Jones	Yaeger

PRESENT: 000

ABSENT WITH LEAVE: 006

Avery	Brown 30	Emery	Guest	Schaaf
Walton

Representative Stevenson declared the bill passed.

PERFECTION OF HOUSE BILLS

HB 263, HB 625, HB 220, HB 255, HB 526, HB 527, HB 665 and HB 166 were placed on the Informal Calendar.

REFERRAL OF HOUSE BILLS

The following House Bills were referred to the Committee indicated:

HB 952 - Crime Prevention and Public Safety

HB 991 - Special Committee on Job Creation and Economic Development

COMMITTEE REPORTS

Committee on Insurance Policy, Chairman Yates reporting:

Mr. Speaker: Your Committee on Insurance Policy, to which was referred HB 238, 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.

Committee on Ways and Means, Chairman Sutherland reporting:

Mr. Speaker: Your Committee on Ways and Means, to which was referred HB 104, 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.

Mr. Speaker: Your Committee on Ways and Means, to which was referred HB 165, 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.

Mr. Speaker: Your Committee on Ways and Means, to which was referred HB 360, 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.

INTRODUCTION OF HOUSE BILLS

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

HB 1046, introduced by Representative Cunningham (86), relating to financial interest statements.

HB 1047, introduced by Representative Cunningham (86), relating to teacher transfers in failing districts.

HB 1048, introduced by Representative Cunningham (86), relating to public school teachers.

HB 1049, introduced by Representative Cooper (120), relating to seizure and forfeiture of contraband cigarettes.

HB 1050, introduced by Representative Pratt, relating to a tax credit for first-time homebuyers.

HB 1051, introduced by Representative Sutherland, relating to property tax assessment.

HB 1052, introduced by Representative Brown (50), relating to community improvement districts.

HB 1053, introduced by Representative Pratt, relating to the definition of certified mail.

COMMITTEE ASSIGNMENT

March 2, 2007

Mr. Adam Crumbliss, Chief Clerk

Missouri House of Representatives

State Capitol, Room 306C

Jefferson City, MO 65101

Dear Mr. Crumbliss:

I hereby appoint Representative Belinda Harris to the House Budget Committee.

If you have any questions, please do not hesitate to contact my office.

Sincerely,

/s/ Rod Jetton

Speaker

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 HCS HB 14, entitled:

An act to appropriate money for supplemental purposes for the several departments and offices of state government, and for purchase of equipment, and for planning, expenses, and for capital improvements including but not limited to major additions and renovations, new structures, and land improvements, and for the payment of various claims for refunds, for persons, firms, and corporations, and for other purposes, and to transfer money among certain funds, from the funds designated for the fiscal period ending June 30, 2007.