Journal of the House

First Regular Session, 94th General Assembly

FIFTY-NINTH DAY, Wednesday, April 18, 2007

The House met pursuant to adjournment.

            Speaker Jetton in the Chair.

            Prayer by Reverend James Earl Jackson.

              Heavenly Father, we understand that unless You build a house, the work of the builders is wasted. Unless You protect a city, guarding it with sentries will do no good. It is useless for us to work so hard from early morning until late at night, anxiously working for the betterment of this state, unless we have direction, a plan, a strategy from You.

              Your governing, of the universe, is beyond human understanding - we cannot begin to fathom the intentions and operations of it. But it is our responsibility to search out matters and make them understandable to the people. We cannot claim divine secrecy; but we study and investigate everything before making a decision.

              But, as ones who rule as Your representatives, we must, also, try to represent Your will in human affairs - so, we inquire of You to ascertain Your will. This is our glorious calling and responsibility.

              May Your plans and purposes be established this day, through these yielded vessels.

              The grace of our Lord Jesus Christ be with us all. Amen.

            The Pledge of Allegiance to the flag was recited.

            The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Casey Giles, Josh Decator, Phillip Miller, Megan Lachowitzer, Drew Keefer, Kelly Suman, Brendan Murphy, Kathryn Randolph, Michael Wells and Maggie Beckmann.

SPECIAL RECOGNITION

            The McCluer North Stars Boys Basketball Team was introduced by Representative Darrough and recognized for attaining the 2007 Class 5 State Basketball Championship.

            The Journal of the fifty-eighth day was approved as printed.

            Representative Nance assumed the Chair.

PERFECTION OF HOUSE BILLS

            HCS HB 461, relating to the State Water Patrol, was taken up by Representative Cooper (155).

            Representative Bearden offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 461, Section 36.031, Page 3, Line 6, by deleting "306.166" and inserting in lieu thereof the following:

              "306.229"; and

              Further amend said substitute, Section 650.005, Page 10, Line 75, by inserting immediately after said line the following:

              "Section B. Because immediate action is necessary to ensure that the waters of Missouri are safe for all Missourians, the provisions of Section A of this act are deemed necessary for the immediate preservation of public health, welfare, peace and safety, and are hereby declared to be an emergency within the meaning of the Constitution , and section A of this act shall be in full force and effect on July 1, 2007, or upon its passage and approval, whichever occurs later."; and

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

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

            Representative Talboy offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 461, Page 5, Section 306.228, Line 11, by inserting after the word "origin" the following:

              ", Religion".

            On motion of Representative Talboy, House Amendment No. 2 was adopted.

            On motion of Representative Cooper (155), HCS HB 461, as amended, was adopted.

            On motion of Representative Cooper (155), HCS HB 461, as amended, was ordered perfected and printed.

            HB 647, relating to deer hunting, was taken up by Representative Young.

            Representative Ruzicka offered House Amendment No. 1.

            Representative Villa raised a point of order that House Amendment No. 1 was not distributed.

            Representative Nance requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

            Representative Quinn (7) offered House Amendment No. 2.

House Amendment No. 2

AMEND House Bill No. 647, Page 1, In the Title, Line 2, by deleting all of said line and inserting in lieu thereof the following:

              "To amend chapter 252, RSMo, by adding thereto two new sections relating to conservation."; and

              Further amend said bill, Page 1, Section A, Lines 1 and 2, by deleting all of said lines and inserting in lieu thereof the following:

              "Section A. Chapter 252, RSMo, is amended by adding thereto two new sections, to be known as sections 252.005 and 252.044, to read as follows:

              252.005. 1. There is hereby created the "Conservation Commission Advisory Board" to advise the conservation commission. The board shall be responsible for regional conservation evaluations which are under the control of the conservation commission.

              2. Such board shall be staffed by the department of conservation and appointed by the governor with the advice and consent of the senate. The board shall have one member from each of the eight presently established conservation districts and not more than four of whom shall be from the same political party. Four members shall be actively engaged in farming, and a substantial percentage of such member's income shall be derived from such member's farming activities. None farming member shall have purchased a hunting or fishing license for at least five of the ten years immediately preceding such member's appointment to the board.

              3. Each member appointed to the board shall serve staggered four-year terms in the following manner: Two members shall be appointed for a one-year term, two members shall be appointed for a two-year term, and two members shall be appointed for a three-year term, and two members appointed for a four-year term, with successor members being appointed to a four-year term. The procedures for such appointments and the designation of which terms will initially be one-year, two-year, three-year, and four-year terms shall be established solely by the conservation commission and the Missouri department of conservation. No member shall serve on the board for more than eight years.

              4. The board shall conduct at least two annual meetings and report to the conservation commission, and annually to the general assembly and the governor. The members of the board shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties."; and

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

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

            Representative Dempsey offered House Amendment No. 1 to House Amendment No. 2.

House Amendment No. 1

to

House Amendment No. 2

AMEND House Amendment No. 2 to House Bill No. 647, Page 1, Section 252.005, Line 11, by deleting Line 11 and inserting on said line the word "evaluations.".

            On motion of Representative Dempsey, House Amendment No. 1 to House Amendment No. 2 was adopted.

            HB 647, with House Amendment No. 2, as amended, pending, was laid over.

            HB 134, relating to equipment grants, was taken up by Representative Guest.

            Representative Bringer offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 134, Page 2, Section 172.287, Line 18, by deleting said line and inserting in lieu thereof the following:

              "3. No equipment purchased with an appropriation under this section shall be used for embryonic stem cell research.

              4. In the event that the appropriations for this grant program are insufficient to fund all"; and

              Further amend said bill, page, and section, Line 20, by deleting the figure "4" and inserting in lieu thereof the following:

              "[4] 5"; and

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

            Representative Harris (110) offered House Amendment No. 1 to House Amendment No. 1.

House Amendment No. 1

to

House Amendment No. 1

AMEND House Amendment No. 1 to House Bill No. 134, Page 1, Line 4, by inserting before the word "embryonic" the word "human".

            On motion of Representative Harris (110), House Amendment No. 1 to House Amendment No. 1 was adopted by the following vote:

            On motion of Representative Bringer, House Amendment No. 1, as amended, was adopted by the following vote:

            On motion of Representative Guest, HB 134, as amended, was ordered perfected and printed.

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

AFTERNOON SESSION

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

            The Speaker appointed the following to act as an Honorary Page for the Day, to serve without compensation: Alexis Hartenstein.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 2201 through House Resolution No. 2299

THIRD READING OF HOUSE BILL

            HCS HB 845, relating to voter registration, was taken up by Representative Dixon.

            Representative St. Onge assumed the Chair.

            Representative Dempsey moved the previous question.

            Which motion was adopted by the following vote:

            Speaker Jetton resumed the Chair.

            On motion of Representative Dixon, HCS HB 845 was read the third time and passed by the following vote:

            Speaker Jetton declared the bill passed.

PERFECTION OF HOUSE BILL

            HCS HB 1055, relating to abortion, was taken up by Representative Sander.

            Representative Low (39) requested a division of the question on HCS HB 1055.

            Speaker Pro Tem Bearden assumed the Chair.

            On motion of Representative Sander, Part I of HCS HB 1055 was adopted by the following vote:

            On motion of Representative Sander, Part II of HCS HB 1055 was adopted.

            On motion of Representative Sander, Part III of HCS HB 1055 was adopted by the following vote:

            On motion of Representative Sander, HCS HB 1055 was ordered perfected and printed.

            Representative Jones (89) assumed the Chair.

PERFECTION OF HOUSE BILLS - APPROPRIATIONS

            HCS HB 17, relating to appropriations, was taken up by Representative Icet.

            On motion of Representative Icet, HCS HB 17 was adopted.

            On motion of Representative Icet, HCS HB 17 was ordered perfected and printed.

            HCS HB 18, relating to appropriations, was taken up by Representative Icet.

            On motion of Representative Icet, HCS HB 18 was adopted.

            On motion of Representative Icet, HCS HB 18 was ordered perfected and printed.

PERFECTION OF HOUSE BILL

            HB 215, with House Substitute Amendment No. 1 for House Amendment No. 1, and House Amendment No. 1, pending, relating to juvenile courts, was taken up by Representative Stevenson.

            House Substitute Amendment No. 1 for House Amendment No. 1 was withdrawn.

            Representative Stevenson offered House Substitute Amendment No. 2 for House Amendment No. 1.

House Substitute Amendment No. 2

for

House Amendment No. 1

AMEND House Bill No. 215, Page 1, Section 211.021, Line 1, by inserting immediately preceding all of said line the following:

              "167.031. 1. Every parent, guardian or other person in this state having charge, control or custody of a child not enrolled in a public, private, parochial, parish school or full-time equivalent attendance in a combination of such schools and between the ages of seven years and the compulsory attendance age for the district is responsible for enrolling the child in a program of academic instruction which complies with subsection 2 of this section. Any parent, guardian or other person who enrolls a child between the ages of five and seven years in a public school program of academic instruction shall cause such child to attend the academic program on a regular basis, according to this section. Nonattendance by such child shall cause such parent, guardian or other responsible person to be in violation of the provisions of section 167.061, except as provided by this section. A parent, guardian or other person in this state having charge, control, or custody of a child between the ages of seven years of age and the compulsory attendance age for the district shall cause the child to attend regularly some public, private, parochial, parish, home school or a combination of such schools not less than the entire school term of the school which the child attends; except that:

              (1) A child who, to the satisfaction of the superintendent of public schools of the district in which he resides, or if there is no superintendent then the chief school officer, is determined to be mentally or physically incapacitated may be excused from attendance at school for the full time required, or any part thereof;

              (2) A child between fourteen years of age and the compulsory attendance age for the district may be excused from attendance at school for the full time required, or any part thereof, by the superintendent of public schools of the district, or if there is none then by a court of competent jurisdiction, when legal employment has been obtained by the child and found to be desirable, and after the parents or guardian of the child have been advised of the pending action; or

              (3) A child between five and seven years of age shall be excused from attendance at school if a parent, guardian or other person having charge, control or custody of the child makes a written request that the child be dropped from the school's rolls.

              2. (1) As used in sections 167.031 to 167.071, a "home school" is a school, whether incorporated or unincorporated, that:

              (a) Has as its primary purpose the provision of private or religious-based instruction;

              (b) Enrolls pupils between the ages of seven years and the compulsory attendance age for the district, of which no more than four are unrelated by affinity or consanguinity in the third degree; and

              (c) Does not charge or receive consideration in the form of tuition, fees, or other remuneration in a genuine and fair exchange for provision of instruction.

              (2) As evidence that a child is receiving regular instruction, the parent shall, except as otherwise provided in this subsection:

              (a) Maintain the following records:

              a. A plan book, diary, or other written record indicating subjects taught and activities engaged in; and

              b. A portfolio of samples of the child's academic work; and

              c. A record of evaluations of the child's academic progress; or

              d. Other written, or credible evidence equivalent to subparagraphs a., b. and c.; and

              (b) Offer at least one thousand hours of instruction, at least six hundred hours of which will be in reading, language arts, mathematics, social studies and science or academic courses that are related to the aforementioned subject areas and consonant with the pupil's age and ability. At least four hundred of the six hundred hours shall occur at the regular home school location.

              (3) The requirements of subdivision (2) of this subsection shall not apply to any pupil above the age of sixteen years.

              3. Nothing in this section shall require a private, parochial, parish or home school to include in its curriculum any concept, topic, or practice in conflict with the school's religious doctrines or to exclude from its curriculum any concept, topic, or practice consistent with the school's religious doctrines. Any other provision of the law to the contrary notwithstanding, all departments or agencies of the state of Missouri shall be prohibited from dictating through rule, regulation or other device any statewide curriculum for private, parochial, parish or home schools.

              4. A school year begins on the first day of July and ends on the thirtieth day of June following.

              5. The production by a parent of a daily log showing that a home school has a course of instruction which satisfies the requirements of this section or, in the case of a pupil over the age of sixteen years who attended a metropolitan school district the previous year, a written statement that the pupil is attending home school in compliance with this section shall be a defense to any prosecution under this section and to any charge or action for educational neglect brought pursuant to chapter 210, RSMo.

              6. As used in sections 167.031 to 167.051, the term "compulsory attendance age for the district" shall mean:

              (1) Seventeen years of age for any metropolitan school district for which the school board adopts a resolution to establish such compulsory attendance age; provided that such resolution shall take effect no earlier than the school year next following the school year during which the resolution is adopted; and

              (2) Sixteen years of age in all other cases.

The school board of a metropolitan school district for which the compulsory attendance age is seventeen years may adopt a resolution to lower the compulsory attendance age to sixteen years; provided that such resolution shall take effect no earlier than the school year next following the school year during which the resolution is adopted.

              [7. The provisions of this section shall apply to any parent, guardian, or other person in this state having charge, control, or custody of a child between the ages of fifteen and eighteen if such child has not received a high school diploma or its equivalent and a court order has been issued as to such child under section 211.034, RSMo.]"; and

              Further amend House Bill No. 215, Page 1, Section 211.021, Line 2, by removing the open bracket "[" and closed bracket "]" around the word "seventeen"; and

              Further amend said section, said line, by deleting the word "eighteen"; and

              Further amend said section, said line, by inserting after the word "older" the following:

              "except for seventeen and eighteen year old children as defined in this section"; and

              Further amend said section, Line 3, by removing the open bracket "[" and closed bracket "]" around the word "seventeen"; and

              Further amend said section, said line, by deleting the word "eighteen"; and

              Further amend said section, said line, by inserting after the word "age" the following:

              "except for status offenses which shall mean a person seventeen or eighteen years of age. For purposes of this chapter, any reference to "under the age of seventeen" includes any person seventeen or eighteen alleged to have committed a status offense"; and

Further amend said section, Line 21, by inserting after the word "children" the following:

              ";

              (7) "Status offense", any offense not a violation of criminal code or municipal ordinance"; and

              Further amend said bill, Pages 2-4, Section 211.031, Lines 1-92, by removing all of said lines from the bill; and

              Further amend said bill, Pages 4-6, Section 211.032, Lines 1-41, by removing all of said lines from the bill; and

              Further amend said bill, Page 6, Section 211.033, Lines 1-5, by removing all of said lines and inserting in lieu thereof the following:

              "211.033. 1. No person under the age of seventeen years, except those transferred to the court of general jurisdiction under the provisions of section 211.071 shall be detained in a jail or other adult detention facility as that term is defined in section 211.151. A traffic court judge may request the juvenile court to order the commitment of a person under the age of seventeen to a juvenile detention facility.

              2. Nothing in this section shall be construed as creating any civil or criminal liability for any law enforcement officer, juvenile officer, school personnel, or court personnel for any action taken or failure to take any action involving a minor child who remains under the jurisdiction of the juvenile court under this section if such action or failure to take action is based on a good faith belief by such officer or personnel that the minor child is not under the jurisdiction of the juvenile court."; and

              Further amend House Bill No. 215, Page 6, Section 211.041, Line 1, by inserting immediately preceding all of said line, the following:

"[211.034. 1. Any parent, legal guardian, or other person having legal custody of a minor child may, at any time after the minor child attains fifteen years of age and before the minor child attains eighteen years of age, petition the circuit court for the county where the minor child and parent, legal guardian, or other person having legal custody of the minor child reside to extend the jurisdiction of the juvenile court until the minor child reaches the age of eighteen years.

2. The petition shall be accompanied by verified proof of service on the minor child and certified copies of documents demonstrating that the petitioner is the parent, legal guardian, or other legal custodian of the minor child. If the petitioner is not the natural parent of the minor child, the petition shall be accompanied by:

(1) An affidavit from at least one of the child's natural parents consenting to the granting of the petition; or

(2) An affidavit from the petitioner stating that the natural parents:

(a) Are deceased;

(b) Have been declared legally incompetent;

(c) Have had their parental rights as to the minor child terminated by a court of competent jurisdiction;

(d) Have voluntarily surrendered their parental rights as to the minor child;

(e) Have abandoned the minor child;

(f) Are unknown; or

(g) Are otherwise unavailable, in which case, the affidavit shall state the reasons why the natural parents are unavailable.

In all cases where any parent, legal guardian, or other person having legal custody of a minor child petitions the court to extend the jurisdiction of the juvenile court until the minor child's eighteenth birthday, the court shall appoint an attorney to represent the minor child. An individual filing the petition shall pay the attorney fees of the minor child.

3. Upon the filing of a petition under this section and a determination by the court in favor of the petitioner, the circuit court shall issue an order declaring that the minor child shall remain under the jurisdiction of the juvenile court for all purposes under state law until the minor child reaches eighteen years of age; except that, for purposes of criminal law and procedure, including arrest, prosecution, trial, and punishment, if the minor is certified as an adult, the minor shall remain a certified adult despite the issuance of a court order under this section. Such minor child shall be subject to the compulsory school attendance requirements of section 167.031, RSMo, until the minor child receives a high school diploma or its equivalent, or reaches eighteen years of age. The court order shall be filed with the circuit clerk for the county where the petitioner resides.

4. Nothing in this section shall be construed as creating any civil or criminal liability for any law enforcement officer, juvenile officer, school personnel, or court personnel for any action taken or failure to take any action involving a minor child who remains under the jurisdiction of the juvenile court under this section if such action or failure to take action is based on a good faith belief by such officer or personnel that the minor child is not under the jurisdiction of the juvenile court.]"; and

              Further amend said bill, Page 6, Section 211.041, Line 12, by deleting the open bracket "[" and closed bracket "]" around the word "seventeen" and by deleting the word "eighteen"; and

              Further amend said bill, Page 6, Section 211.061, Line 7, by deleting the open bracket "[" and closed bracket "]" around the word "seventeen" and by deleting the word "eighteen"; and

              Further amend said bill, Page 7, Section 211.071, Line 1, by deleting the open bracket "[" and closed bracket "]" around the word "seventeen"; and

              Further amend said page, said section, Line 2, by deleting the word "eighteen"; and

              Further amend said page, said section, Line 15, by deleting the open bracket "[" and closed bracket "]" around the word "seventeen"; and

              Further amend said page, said section, Line 15, by deleting the word "eighteen"; and

              Further amend said bill, Pages 9-10, Section 211.073, Lines 1-41, by removing all of said lines from the bill; and

              Further amend said bill, Page 17, Section 211.421, Lines 1-11, by removing all of said lines from the bill,; and

              Further amend said bill, Pages 17-19, Section 211.425, Lines 1-47, by removing all of said lines from the bill; and

              Further amend said bill, Page 19, Section 211.431, Lines 1-3, by removing all of said lines from the bill; and

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

            On motion of Representative Stevenson, House Substitute Amendment No. 2 for House Amendment No. 1 was adopted.

            Representative Cooper (120) offered House Amendment No. 2.

House Amendment No. 2

AMEND House Bill No. 215, Page 19, Section 211.431, Line 3, by inserting after all of said line the following:

              "Section 1. The implementation of this act is subject to appropriation."; and

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

            On motion of Representative Cooper (120), House Amendment No. 2 was adopted.

            Representative Hughes offered House Amendment No. 3.

            Representative Nasheed suggested the absence of a quorum.

            The following roll call indicated a quorum present:

            House Amendment No. 3 was withdrawn.

            Representative Hughes offered House Amendment No. 4.

House Amendment No. 4

AMEND House Bill No. 215, Page 4, Section 211.031, Line 85, by inserting an open bracket "[" immediately preceding the word "seventy-two" and inserting a closed bracket "]" immediately following the word "seventy-two"; and

              Further amend said bill, Page 4, Section 211.031, Line 85, by inserting the "twenty-four" immediately preceding the word "hours"; and

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

            Representative Hughes moved that House Amendment No. 4 be adopted.

            Which motion was defeated.

            On motion of Representative Stevenson, HB 215, as amended, was ordered perfected and printed by the following vote: