First Regular Session, 95th General Assembly
TWENTY-FIFTH DAY, Thursday, February 19, 2009
The House met pursuant to adjournment.
Speaker Richard in the Chair.
Prayer by Reverend Gary Shaw, Central Christian Center, Joplin, Missouri.
Heavenly Father,
As I stand in Your presence, in this beautiful hall of honor, my heart is filled with admiration and appreciation for the men and women who have occupied this place throughout history to represent the people of the great State of Missouri.
I pray Your divine wisdom, Your unbiased judgment and Your gracious love into each of these who have chosen to give a portion of their very valuable life to the service of the citizens of our state.
May they draw from Your fountain of knowledge and from Your storehouse of fair play, as they administer and create legislation that governs our state.
Bless those whose families have been separated because of their service and grant them Your loving protection.
Father, instill in all of us respect, honor, and a love for life and liberty that w ill allow us to serve with pride and dignity at all levels of local, state, and national government.
This day may Your presence fill this room and may this great body set aside personal agendas, pet projects, political bias and handle the affairs of our state in a prudent manner.
In these days of concern for our state and national economic welfare, let us not operate in fear, but help us to put on the shield of faith and to face the challenges before us with a determination that we will succeed and prosper, because we operate not in our strength, but under Your providential and divine order.
In Christ's name I pray, 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: Orlando Hodges, Whitney Paul, Kristin Sanocki, Sam Meeks, Cameron Sullivan, Thomas Tobinson and Ellen Matheny.
The Journal of the twenty-fourth day was approved as printed by the following vote:
AYES: 145 |
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Allen |
Atkins |
Aull |
Biermann |
Bivins |
Brandom |
Brown 30 |
Brown 50 |
Brown 149 |
Bruns |
Burlison |
Calloway |
Carter |
Casey |
Chappelle-Nadal |
Colona |
Corcoran |
Cox |
Cunningham |
Curls |
Davis |
Day |
Deeken |
Denison |
Dethrow |
Dieckhaus |
Diehl |
Dixon |
Dougherty |
Dugger |
Dusenberg |
El-Amin |
Emery |
Englund |
Ervin |
Faith |
Fallert |
Fischer 107 |
Fisher 125 |
Flanigan |
Flook |
Frame |
Franz |
Funderburk |
Gatschenberger |
Grill |
Grisamore |
Guernsey |
Guest |
Harris |
Hobbs |
Hodges |
Holsman |
Hoskins 80 |
Hoskins 121 |
Hummel |
Icet |
Jones 63 |
Jones 89 |
Jones 117 |
Kander |
Keeney |
Kingery |
Kirkton |
Koenig |
Komo |
Kratky |
Kraus |
Kuessner |
Lair |
Lampe |
Largent |
Leara |
LeBlanc |
Liese |
Lipke |
McClanahan |
McDonald |
McGhee |
McNary |
McNeil |
Meiners |
Molendorp |
Morris |
Munzlinger |
Nance |
Nasheed |
Nieves |
Norr |
Pace |
Parkinson |
Parson |
Pollock |
Pratt |
Quinn |
Riddle |
Rucker |
Ruzicka |
Salva |
Sander |
Sater |
Scavuzzo |
Schad |
Scharnhorst |
Schieffer |
Schlottach |
Schoeller |
Schoemehl |
Schupp |
Self |
Shively |
Silvey |
Skaggs |
Smith 14 |
Smith 150 |
Spreng |
Stevenson |
Still |
Storch |
Stream |
Sutherland |
Swinger |
Thomson |
Tilley |
Todd |
Tracy |
Viebrock |
Vogt |
Wallace |
Walsh |
Walton Gray |
Wasson |
Webb |
Wells |
Weter |
Wildberger |
Wilson 119 |
Wilson 130 |
Wood |
Wright |
Yaeger |
Yates |
Zerr |
Zimmerman |
Mr Speaker |
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NOES: 008 |
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Bringer |
Brown 73 |
Hughes |
Low |
Oxford |
Talboy |
Webber |
Witte |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 010 |
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Burnett |
Cooper |
Kelly |
LeVota |
Loehner |
Meadows |
Nolte |
Roorda |
Ruestman |
Schaaf |
Speaker Pro Tem Pratt assumed the Chair.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 741 through House Resolution No. 767
SECOND READING OF HOUSE BILL - APPROPRIATIONS
HB 14 was read the second time.
SECOND READING OF HOUSE BILLS
HB 795 through HB 814 were read the second time.
PERFECTION OF HOUSE BILL
HB 242, with HCS, relating to a four-day school week, was taken up by Representative Kingery.
Representative Englund offered House Amendment No. 1.
Representative Jones (89) raised a point of order that House Amendment No. 1 is not germane and goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Bringer offered House Amendment No. 2.
Representative Wilson (130) raised a point of order that House Amendment No. 2 is not germane to the bill.
The Chair ruled the point of order well taken.
HB 242, with HCS, pending, was laid over.
REFERRAL OF HOUSE RESOLUTIONS
The following House Resolutions were referred to the Committee indicated:
HR 552 - Rules
HR 736 - Rules
REFERRAL OF HOUSE CONCURRENT RESOLUTIONS
The following House Concurrent Resolutions were referred to the Committee indicated:
HCR 8 - Financial Institutions
HCR 17 - Transportation
HCR 22 - Veterans
HCR 25 - Veterans
HCR 29 - Special Standing Committee on Infrastructure and Transportation Funding
REFERRAL OF HOUSE JOINT RESOLUTIONS
The following House Joint Resolutions were referred to the Committee indicated:
HJR 11 - Special Standing Committee on General Laws
HJR 16 - Special Standing Committee on Children and Families
HJR 17 - Budget
HJR 20 - Agri-Business
REFERRAL OF HOUSE BILLS
The following House Bills were referred to the Committee indicated:
HB 14 - Budget
HB 47 - Tax Reform
HB 49 - Elections
HB 67 - Elementary and Secondary Education
HB 73 - Elementary and Secondary Education
HB 92 - Public Safety
HB 97 - International Trade and Immigration
HB 104 - International Trade and Immigration
HB 118 - Corrections and Public Institutions
HB 130 - Agri-Business
HB 134 - Public Safety
HB 140 - Agri-Business
HB 166 - Elementary and Secondary Education
HB 184 - Judiciary
HB 228 - Special Standing Committee on General Laws
HB 288 - Special Standing Committee on Workforce Development and Workplace Safety
HB 307 - Special Standing Committee on Children and Families
HB 323 - Ways and Means
HB 332 - Veterans
HB 347 - Retirement
HB 354 - Special Standing Committee on Infrastructure and Transportation Funding
HB 356 - Rural Community Development
HB 374 - Local Government
HB 377 - Local Government
HB 402 - Ways and Means
HB 414 - Judiciary
HB 428 - Conservation and Natural Resources
HB 461 - Special Standing Committee on General Laws
HB 491 - Retirement
HB 500 - International Trade and Immigration
HB 521 - Veterans
HB 531 - Insurance Policy
HB 535 - Judiciary
HB 543 - Elections
HB 558 - International Trade and Immigration
HB 570 - Special Standing Committee on Children and Families
HB 573 - Local Government
HB 577 - Insurance Policy
HB 593 - Retirement
HB 600 - Judiciary
HB 612 - Local Government
HB 615 - Crime Prevention
HB 619 - Crime Prevention
HB 620 - Veterans
HB 623 - Crime Prevention
HB 625 - Ways and Means
HB 647 - Energy and Environment
HB 658 - Agri-Business
HB 659 - Elementary and Secondary Education
HB 660 - Energy and Environment
HB 663 - Healthcare Transformation
HB 668 - Agri-Business
HB 669 - Elementary and Secondary Education
HB 670 - Elections
HB 671 - Veterans
HB 672 - Elections
HB 678 - Veterans
HB 679 - Special Standing Committee on Professional Registration and Licensing
HB 684 - Ways and Means
HB 685 - Public Safety
HB 691 - Healthcare Transformation
HB 695 - Elections
HB 696 - Transportation
HB 703 - Special Standing Committee on General Laws
HB 709 - Elections
HB 710 - Local Government
HB 716 - Health Care Policy
HB 718 - Local Government
HB 733 - Agri-Business
HB 736 - Public Safety
HB 737 - Ways and Means
HB 738 - Veterans
HB 739 - Elections
HB 743 - Special Standing Committee on General Laws
HB 745 - Agriculture Policy
HB 746 - Job Creation and Economic Development
HB 748 - Special Standing Committee on Health Insurance
HB 749 - Agri-Business
HB 750 - Special Standing Committee on Professional Registration and Licensing
HB 751 - Energy and Environment
HB 753 - Special Standing Committee on Urban Issues
HB 760 - Health Care Policy
HB 779 - Special Standing Committee on General Laws
HB 786 - Agri-Business
HB 787 - Special Standing Committee on Workforce Development and Workplace Safety
HB 788 - Local Government
HB 789 - Local Government
HB 790 - Local Government
HB 795 - Small Business
HB 796 - Health Care Policy
HB 797 - Health Care Policy
HB 800 - Ways and Means
COMMITTEE REPORTS
Committee on Ways and Means, Chairman Sutherland reporting:
Mr. Speaker: Your Committee on Ways and Means, 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(32)(f) be referred to the Committee on Rules.
Committee on Rules, Chairman Parson reporting:
Mr. Speaker: Your Committee on Rules, to which was referred HB 287, begs leave to report it has examined the same and recommends that it Do Pass.
INTRODUCTION OF HOUSE JOINT RESOLUTION
The following House Joint Resolution was read the first time and copies ordered printed:
HJR 30, introduced by Representatives Aull, Lampe, Roorda, Kuessner, Englund, Witte, Yaeger, Quinn, Frame, Schoemehl, Storch, Hodges, Schupp, Scavuzzo, Brown (50), Fallert, Fischer (107), Holsman, Wallace, Talboy, Liese and Komo, relating to bonded indebtedness of school districts.
INTRODUCTION OF HOUSE BILLS
The following House Bills were read the first time and copies ordered printed:
HB 815, introduced by Representatives Meadows, Dixon and Kuessner, relating to modification of penalties.
HB 816, introduced by Representatives Meadows, Fallert, Yaeger, Frame, Atkins, Roorda, Walsh and Webber, relating to prohibited acts on excursion gambling boats.
HB 817, introduced by Representative Storch, relating to low-profit limited liability companies.
HB 818, introduced by Representative Aull, relating to school violence prevention.
HB 819, introduced by Representatives Cooper, Denison, Kraus, Jones (117), Guernsey, Allen, Roorda, Storch, Zerr, Jones (63) and Bruns, relating to public access to defibrillators.
HB 820, introduced by Representatives Fischer (107), Roorda, Fallert, LeVota, Corcoran, Komo and Casey, relating to the law enforcement safety fund.
HB 821, introduced by Representatives Cooper, Pollock and Schad, relating to county courts in first class counties.
HB 822, introduced by Representative Skaggs, relating to a surcharge in criminal cases.
HB 823, introduced by Representative Skaggs, relating to insurance credit scoring.
HB 824, introduced by Representative Skaggs, relating to library reports.
HB 825, introduced by Representatives Jones (89), Walsh, Scharnhorst, Icet, Koenig, Leara, Roorda, Pollock, McNary, Atkins and Parkinson, relating to storm water management fees.
HB 826, introduced by Representatives Brown (149), McGhee, Tilley, LeVota, Wildberger and Lair, relating to sexually violent predators.
HB 827, introduced by Representative El-Amin, relating to a tax credit for certain taxpayers who participate in the child initiative program.
HB 828, introduced by Representative Roorda, relating to proposed ordinances in cities of the third classification.
HB 829, introduced by Representatives Nolte, Nance, Silvey and Atkins, relating to educational facilities.
HB 830, introduced by Representative Lipke, relating to assessing costs in cases which are dismissed prior to a plea or finding of guilt.
HB 831, introduced by Representatives Molendorp and Tilley, relating to community-based health maintenance organizations.
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 SCR 17.
SENATE CONCURRENT RESOLUTION NO. 17
WHEREAS, the Council of State Governments is a nonpartisan, nonprofit organization which forecasts policy trends for the community of states, commonwealths, and territories on a national and regional basis; and
WHEREAS, the Council of State Governments serves executive, judicial, and legislative branches of state government through leadership education, research, and information services; and
WHEREAS, the Council of State Governments currently comprises four regions, including the Eastern Region, Midwestern Region, Southern Region, and Western Region; and
WHEREAS, the state of Missouri is currently a member of the Southern Region of the Council of State Governments; and
WHEREAS, the council's unique structure focuses on the needs and special concerns of the four regions of the United States; and
WHEREAS, as a member of the Southern Region of the Council of State Governments, the state of Missouri has been honored to work with the states of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia and West Virginia; and
WHEREAS, since the state of Missouri is physically located in the center of the United States in the region commonly known as the "Midwest", it would be more appropriate for the state to be a member of the Midwestern Region of the Council of State Governments:
NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate, Ninety-fifth General Assembly, First Regular Session, the House of Representatives concurring therein, hereby petition the Council of State Governments to remove the State of Missouri's membership from the Southern Region of the Council and place this state's membership into the Midwestern Council of State Governments; and
BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Governor Joe Manchin III of West Virginia, President of the Council of State Governments; Senator Bart Davis of Idaho, Chair of the Council of State Governments; Colleen Cousineau, Executive Director of the Southern Legislative Conference of the Council of State Governments; and Michael H. McCabe, Director of the Midwestern Region of the Council of State Governments.
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 SS SCS SB 1, entitled:
An act to repeal sections 208.010, 436.005, 436.007, 436.011, 436.015, 436.021, 436.027, 436.031, 436.035, 436.038, 436.041, 436.045, 436.048, 436.051, 436.053, 436.055, 436.061, 436.063, 436.065, 436.067, 436.069, and 436.071, RSMo, and to enact in lieu thereof thirty-five new sections relating to preneed funeral contracts, with penalty provisions.
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 SB 26, entitled:
An act to repeal section 578.255, RSMo, and to enact in lieu thereof one new section relating to alcohol beverage vaporizers.
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 SBs 36 & 112, entitled:
An act to repeal sections 559.115, 566.030, and 566.060, RSMo, and to enact in lieu thereof three new sections relating to the penalties for certain forcible sexual offenses committed against children, with penalty provisions.
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 100, entitled:
An act to repeal section 260.750, RSMo, and to enact in lieu thereof three new sections relating to the transportation of radioactive waste.
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 313, entitled:
An act to amend chapter 30, RSMo, by adding thereto three new sections relating to the receipt of federal economic stimulus funds, with an emergency clause.
Emergency clause adopted.
In which the concurrence of the House is respectfully requested.
COMMITTEE CHANGE
February 19, 2009
Mr. Adam Crumbliss
Chief Clerk
Missouri House of Representatives
State Capitol, Room 306
Jefferson City, MO 65101
Dear Mr. Crumbliss:
I hereby remove Representative Jacob Hummel from the Special Standing Committee on Workforce Development and Workplace Safety and appoint Representative Jamilah Nasheed to the Special Standing Committee on Workforce Development and Workplace Safety.
If you have any questions, please feel free to contact my office.
Sincerely,
/s/ Ron Richard
Speaker
The following members' presence was noted: Cooper, Kelly, Loehner, Meadows, Nolte, Ruestman and Schaaf.
ADJOURNMENT
On motion of Representative Tilley, the House adjourned until 4:00 p.m., Monday, February 23, 2009.
COMMITTEE MEETINGS
APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES
Monday, February 23, 2009, 1:00 p.m. Hearing Room 5.
Committee discussion on recommendations for the Department of Agriculture.
APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES
Tuesday, February 24, 2009, 2:00 p.m. Hearing Room 4.
Committee discussion on recommendations for the Department of Conservation.
APPROPRIATIONS - EDUCATION
Tuesday, February 24, 2009, 2:00 p.m. Hearing Room 1.
Institutions of Higher Education budget requests continued.
APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES
Monday, February 23, 2009, 1:00 p.m. Hearing Room 6.
FY 2010 budget discussions for: Departments of Mental Health,
Health and Senior Services and Social Services.
APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES
Tuesday, February 24, 2009, 2:00 p.m. Hearing Room 5.
FY 2010 budget discussions for: Departments of Mental Health,
Health and Senior Services, and Social Services.
APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES
Wednesday, February 25, 2009, 2:00 p.m. Hearing Room 5.
FY 2010 budget discussions for: Departments of Mental Health,
Health and Senior Services, and Social Services.
APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES
Thursday, February 26, 2009, 8:00 a.m. Hearing Room 5.
FY 2010 budget discussions for: Departments of Mental Health,
Health and Senior Services, and Social Services.
APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT
Tuesday, February 24, 2009, 8:00 a.m. Hearing Room 3.
Discuss report.
APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT
Tuesday, February 24, 2009, Hearing Room 7 upon adjournment or 2:00 p.m., whichever is later.
Continued from morning, if needed - same agenda.
Discuss report.
APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT
Wednesday, February 25, 2009, Hearing Room 7 upon adjournment or 2:00 p.m., whichever is later.
Discuss committee report.
Executive session may be included.
APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT
Thursday, February 26, 2009, Hearing Room 7 upon adjournment or 2:00 p.m., whichever is later.
Discuss committee report.
Executive session may be included.
ELECTIONS
Tuesday, February 24, 2009, 8:00 a.m. Hearing Room 5.
Executive session may follow.
Public hearings to be held on: HJR 9, HB 681
ELEMENTARY AND SECONDARY EDUCATION
Wednesday, February 25, 2009, 8:00 a.m. Hearing Room 6.
Executive session at beginning of hearing.
Public hearings to be held on: HB 689, HB 542, HB 409, HB 304
HEALTH CARE POLICY
Tuesday, February 24, 2009, 8:00 a.m. Hearing Room 1.
CORRECTED NOTICE. Executive session may follow.
Public hearings to be held on: HB 569, HB 76, HB 79, HB 525
HEALTHCARE TRANSFORMATION
Tuesday, February 24, 2009, 5:00 p.m. Hearing Room 6.
Executive session may or may not follow.
We will hear speakers on the low wage trap.
Public hearings to be held on: HB 663, HB 691
HIGHER EDUCATION
Tuesday, February 24, 2009, 8:00 a.m. Hearing Room 6.
Executive session may follow.
Public hearings to be held on: HB 631, HB 515
HOMELAND SECURITY
Monday, February 23, 2009, 5:00 p.m. Hearing Room 6.
Executive session.
JOINT COMMITTEE ON PUBLIC EMPLOYEE RETIREMENT
Monday, February 23, 2009, 2:00 p.m. Hearing Room 1.
Election of Committee Chair and Vice Chair.
Pursuant to Section 610.022.2 relating to closed meetings and Section 610.021(3) relating
to personnel matters, vote may be taken to close meeting.
PUBLIC SAFETY
Tuesday, February 24, 2009, 12:00 p.m. Hearing Room 6.
Executive session may follow.
Public hearings to be held on: HB 33, HB 149, HB 330
REAL ID AND PERSONAL PRIVACY
Tuesday, February 24, 2009, 8:30 a.m. Hearing Room 7. CORRECTED
Public hearing to be held on: HB 53
Executive session will be held on: HB 361
SPECIAL STANDING COMMITTEE ON GENERAL LAWS
Tuesday, February 24, 2009, 12:00 p.m. Hearing Room 4.
Executive session may follow.
Public hearings to be held on: HB 84, HB 598, HB 703
SPECIAL STANDING COMMITTEE ON URBAN ISSUES
Monday, February 23, 2009, Hearing Room 5 upon afternoon adjournment.
Public hearings to be held on: HB 89, HB 438
Executive session will be held on: HB 116, HB 217, HB 363
TOURISM
Thursday, February 26, 2009, 9:00 a.m. House Lounge.
Joint meeting of the House Tourism Committee and the
Senate Jobs, Economic Development and Local Government Committee.
Annual report of the Tourism Commission.
TRANSPORTATION
Tuesday, February 24, 2009, 12:00 p.m. Hearing Room 7.
Executive session may follow.
Public hearings to be held on: HB 213, HB 278, HB 644
HOUSE CALENDAR
TWENTY-SIXTH DAY, MONDAY, FEBRUARY 23, 2009
HOUSE JOINT RESOLUTIONS FOR SECOND READING
HJR 30
HOUSE BILLS FOR SECOND READING
HB 815 through HB 831
HOUSE BILLS FOR PERFECTION
1 HB 65 - Wilson (119)
2 HB 86 - Sutherland
3 HB 242 w/HCS, pending - Kingery
4 HB 310 w/HCS - Jones (89)
5 HB 744 - Icet
6 HB 287 - Day
HOUSE BILLS FOR PERFECTION - CONSENT
(2/18/09)
1 HB 286 w/HCS - Schaaf
2 HB 289 - Wallace
HOUSE BILLS FOR THIRD READING - CONSENT
HCS HB 111 - Day
SENATE BILLS FOR SECOND READING
1 SS SCS SB 1
2 SB 26
3 SCS SBs 36 & 112
4 SCS SB 100
5 SCS SB 313