Journal of the House


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

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

NOES: 008

 

 

 

 

 

 

 

 

 

Bringer

Brown 73

Hughes

Low

Oxford

Talboy

Webber

Witte

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 010

 

 

 

 

 

 

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