Journal of the House

Second Regular Session, 92nd General Assembly

FORTY-EIGHTH DAY, Wednesday, April 7, 2004

The House met pursuant to adjournment.

            Speaker Pro Tem Jetton in the Chair.

            Prayer by Reverend James Earl Jackson.

              Heavenly Father, we are encouraged this morning by Your Word, which says, "God keeps every promise He makes. He is like a shield for all who seek His protection." We are thankful this morning that You are a shield for us. We don't take Your protection over us for granted.

              You cause our hearts to laugh and a song to flow from our mouth as we begin this day. The joy of Your way increases every day as You reach out to us in love.

              We expect Your mercy and grace to flow in our lives today. We know conflict awaits us, but we won't be distracted from purpose.

              To You be the glory, both now and forever.

              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 Honorary Pages for the Day, to serve without compensation: Eric German Doelling, Sarah Anne Tucker, Paige Glenn Crowley, Matthew Quintez Dorsey, Quinn Robert Hacke, Amanda Lynn Thompson, Jack Hunt, James Hunt, Ariel Phythian, Michael Reagan, Gail Scheibel, Alicia Vonderheid, Andrea Payne, Jessica McNees, Stephanie Riordan, Emily Nash, Benjamin Alexander Bradshaw, Austin Head, Olivia Breting, Jeremy Buch, Matthew Crawford, Katie Forsyth, Sara Mathew, Leeanna Mickle, Morgan Quinn, Brooklyn Shear, Andrea Wu, Catherine Neiner and Theresa Wohldmann.

            The Journal of the forty-seventh day was approved as corrected.

SPECIAL RECOGNITION

            Carol Journagan was introduced by Representative Pratt and recognized as an Outstanding Missourian.

            Tom Diveley was introduced by Representatives Davis (19) and Bough and recognized as an Outstanding Missouri student.

HOUSE RESOLUTIONS

            Representative Morris, et al, offered House Resolution No. 1547.

            Representative Ward, et al, offered House Resolution No. 1557.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 1548

                        through

House Resolution No. 1550 - Representative Muckler

House Resolution No. 1551 - Representative Crawford

            House Resolution No. 1552 - Representatives Deeken and Bruns

            House Resolution No. 1553 - Representative Deeken

            House Resolution No. 1554 - Representatives Wallace and Bough

House Resolution No. 1555 - Representative LeVota, et al

House Resolution No. 1556 - Representative LeVota

            House Resolution No. 1558 - Representative Kratky

            House Resolution No. 1559 - Representatives Meadows and Stefanick

INTRODUCTION OF HOUSE BILL

            The following House Bill was read the first time and copies ordered printed:

HB 1721, introduced by Representative Jetton, relating to limitation on recovery of damages for motor vehicle accidents.

SECOND READING OF HOUSE CONCURRENT RESOLUTION

            HCR 36 was read the second time.

SECOND READING OF HOUSE JOINT RESOLUTION

            HJR 57 was read the second time.

SECOND READING OF HOUSE BILLS

            HB 1719 and HB 1720 were read the second time.

SECOND READING OF SENATE BILL

            SCS SB 710 was read the second time.

PERFECTION OF HOUSE BILL

            HCS HB 1453, relating to foster care, was taken up by Representative Hanaway.

            Representative Hanaway offered HS HCS HB 1453.

            Representative Rector offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill No. 1453, Section 210.109, Page 50, Lines 2 through 7 of said page, by deleting all of said lines and inserting in lieu thereof the following:

              “reports may be made anonymously; except that, reports by mandatory reporters under section 210.115, including employees of the children’s division, juvenile officers, and school personnel shall not be made anonymously;”; and

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

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

            Representative Byrd offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill No. 1453, Page 186, Section 537.046, Line 21, through Page 187, Lines 1 and 2, by deleting all of said lines and inserting in lieu thereof the following:

              "2. [In any civil action for recovery of damages suffered as a result of childhood sexual abuse, the time for commencement of the action shall be within five years of the date the plaintiff attains the age of eighteen or within three years of the date the plaintiff discovers or reasonably should have discovered that the injury or illness was caused by child sexual abuse, whichever later occurs.] Any action to recover damages from injury or illness caused by childhood sexual abuse in an action brought pursuant to this section, shall be commenced within ten years of the plaintiff attaining the age of twenty-one or within three years of the date the plaintiff discovers, or reasonably should have discovered, that the injury or illness was caused by childhood sexual abuse, whichever later occurs.".

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

            Representative Kelly (36) offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bill No. 1453, Section 43.503, Page 14, Line 20 of said page, by inserting immediately after said line the following:

              “43.530. 1. For each request requiring the payment of a fee received by the central repository, the requesting entity shall pay a fee of not more than [five] ten dollars per request for criminal history record information not based on a fingerprint search and pay a fee of not more than [fourteen] twenty dollars per request for criminal history record information based on a fingerprint search. Each such request shall be limited to check and search on one individual. Each request shall be accompanied by a check, warrant, voucher, money order, or electronic payment payable to the state of Missouri-criminal record system or payment shall be made in a manner approved by the highway patrol. The highway patrol may establish procedures for receiving requests for criminal history record information for classification and search for fingerprints, from courts and other entities, and for the payment of such requests. There is hereby established by the treasurer of the state of Missouri a fund to be entitled as the "Criminal Record System Fund". Notwithstanding the provisions of section 33.080, RSMo, to the contrary, if the moneys collected and deposited into this fund are not totally expended annually for the purposes set forth in sections 43.500 to 43.543, the unexpended moneys in such fund shall remain in the fund and the balance shall be kept in the fund to accumulate from year to year.

              2. For purposes of obtaining criminal records prior to issuance of a school bus operator's permit pursuant to section 302.272, RSMo, and for determining eligibility for such permit, the applicant for such permit shall submit two sets of fingerprints to the director of revenue when applying for the permit. The fingerprints shall be collected in a manner approved by the superintendent of the highway patrol. The school bus permit applicant shall pay the appropriate fee described in this section and pay the appropriate fee determined by the Federal Bureau of Investigation for the federal criminal history record when he or she applies for the school bus permit. Collections for records described in this subsection shall be deposited in the criminal record system fund.”; and

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

            Representative Sander assumed the Chair.

            On motion of Representative Kelly (36), House Amendment No. 3 was adopted.

            Representative Johnson (90) offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for House Bill No. 1453, Page 20, Section 167.020, Line 25, by deleting the words “trailer parks,”.

            On motion of Representative Johnson (90), House Amendment No. 4 was adopted.

            Representative Fraser offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Committee Substitute for House Bill No. 1453, Page 53, Section 210.110, Line 6 of said page, by inserting after the word "any" the following:

              "licensed or accredited"; and

              Further amend said bill, Page 53, Section 210.110, Line 7 of said page, by inserting after the word "agency" the following:

               ", where such licensing or accreditation is available,"; and

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

            Representative Fraser moved that House Amendment No. 5 be adopted.

            Which motion was defeated by the following vote:

            Representative Dixon offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Committee Substitute for House Bill No. 1453, Section 43.540, Page 15, Line 6, by placing brackets around the word “or” on said line and inserting immediately thereafter the word “and”; and

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

            On motion of Representative Dixon, House Amendment No. 6 was adopted.

            Representative Dougherty offered House Amendment No. 7.

House Amendment No. 7

AMEND House Substitute for House Committee Substitute for House Bill No. 1453, Page 141, Section 211.319, Lines 2 and 3, by deleting all of said lines and inserting in lieu thereof the following:

              “on its own motion, may exclude, for good cause shown,”; and

              Further amend said bill, Page 141, Section 211.319, Line 4, by inserting after the word “person” on said line the following:

               “or persons”; and

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

            On motion of Representative Dougherty, House Amendment No. 7 was adopted.

            Representative Bishop offered House Amendment No. 8.

House Amendment No. 8

AMEND House Substitute for House Committee Substitute for House Bill No. 1453, Section 431.056, Page 167, Line 6 of said page, by inserting after all of said line the following:

              “452.310. 1. In any proceeding commenced pursuant to this chapter, the petition, a motion to modify, a motion for a family access order and a motion for contempt shall be verified. The petition in a proceeding for dissolution of marriage shall allege that the marriage is irretrievably broken and that therefore there remains no reasonable likelihood that the marriage can be preserved. The petition in a proceeding for legal separation shall allege that the marriage is not irretrievably broken and that therefore there remains a reasonable likelihood that the marriage can be preserved.

              2. The petition in a proceeding for dissolution of marriage or legal separation shall set forth:

              (1) The residence of each party, including the county, and the length of residence of each party in this state and in the county of residence;

              (2) The date of the marriage and the place at which it is registered;

              (3) The date on which the parties separated;

              (4) The name, date of birth and address of each child, and the parent with whom each child has primarily resided for the sixty days immediately preceding the filing of the petition for dissolution of marriage or legal separation;

              (5) Whether the wife is pregnant;

              (6) The Social Security number of the petitioner, respondent and each child;

              (7) Any arrangements as to the custody and support of the children and the maintenance of each party; and

              (8) The relief sought.

              3. Upon the filing of the petition in a proceeding for dissolution of marriage or legal separation, each child shall immediately be subject to the jurisdiction of the court in which the proceeding is commenced, unless a proceeding involving allegations of abuse or neglect of the child is pending in juvenile court. Until permitted by order of the court, neither parent shall remove any child from the jurisdiction of the court or from any parent with whom the child has primarily resided for the sixty days immediately preceding the filing of a petition for dissolution of marriage or legal separation.

              4. The mere fact that one parent has actual possession of the child at the time of filing shall not create a preference in favor of such parent in any judicial determination regarding custody of the child.

              5. The respondent shall be served in the manner provided by the rules of the supreme court and applicable court rules and, to avoid an interlocutory judgment of default, shall file a verified answer within thirty days of the date of service which shall not only admit or deny the allegations of the petition, but shall also set forth:

              (1) The Social Security number of the petitioner, respondent and each child;

              (2) Any arrangements as to the custody and support of the child and the maintenance of each party; and

              (3) The relief sought.

              6. Previously existing defenses to divorce and legal separation, including but not limited to condonation, connivance, collusion, recrimination, insanity, and lapse of time, are abolished.

              7. The petitioner and respondent shall submit a proposed parenting plan, either individually or jointly, within thirty days after service of process or the filing of the entry of appearance, whichever event first occurs of a motion to modify or a petition involving custody or visitation issues. The proposed parenting plan shall set forth the arrangements that the party believes to be in the best interest of the minor children and shall include but not be limited to:

              (1) A specific written schedule detailing the custody, visitation and residential time for each child with each party including:

              (a) Major holidays stating which holidays a party has each year;

              (b) School holidays for school-age children;

              (c) The child's birthday, Mother's Day and Father's Day;

              (d) Weekday and weekend schedules and for school-age children how the winter, spring, summer and other vacations from school will be spent;

              (e) The times and places for transfer of the child between the parties in connection with the residential schedule;

              (f) A plan for sharing transportation duties associated with the residential schedule;

              (g) Appropriate times for telephone access;

              (h) Suggested procedures for notifying the other party when a party requests a temporary variation from the residential schedule;

              (i) Any suggested restrictions or limitations on access to a party and the reasons such restrictions are requested;

              (2) A specific written plan regarding legal custody which details how the decision-making rights and responsibilities will be shared between the parties including the following:

              (a) Educational decisions and methods of communicating information from the school to both parties;

              (b) Medical, dental and health care decisions including how health care providers will be selected and a method of communicating medical conditions of the child and how emergency care will be handled;

              (c) Extracurricular activities, including a method for determining which activities the child will participate in when those activities involve time during which each party is the custodian;

              (d) Child care providers, including how such providers will be selected;

              (e) Communication procedures including access to telephone numbers as appropriate;

              (f) A dispute resolution procedure for those matters on which the parties disagree or in interpreting the parenting plan;

              (g) If a party suggests no shared decision-making, a statement of the reasons for such a request;

              (3) How the expenses of the child, including child care, educational and extraordinary expenses as defined in the child support guidelines established by the supreme court, will be paid including:

              (a) The suggested amount of child support to be paid by each party;

              (b) The party who will maintain or provide health insurance for the child and how the medical, dental, vision, psychological and other health care expenses of the child not paid by insurance will be paid by the parties;

              (c) The payment of educational expenses, if any;

              (d) The payment of extraordinary expenses of the child, if any;

              (e) Child care expenses, if any;

              (f) Transportation expenses, if any.

              8. If the proposed parenting plans of the parties differ and the parties cannot resolve the differences or if any party fails to file a proposed parenting plan, upon motion of either party and an opportunity for the parties to be heard, the court shall enter a temporary order containing a parenting plan setting forth the arrangements specified in subsection 7 of this section which will remain in effect until further order of the court. The temporary order entered by the court shall not create a preference for the court in its adjudication of final custody, child support or visitation.

              9. Within one hundred twenty days after August 28, 1998, the Missouri supreme court shall have in effect guidelines for a parenting plan form which may be used by the parties pursuant to this section in any dissolution of marriage, legal separation or modification proceeding involving issues of custody and visitation relating to the child.               10. The filing of a parenting plan for any child over the age of eighteen for whom custody, visitation, or support is being established or modified by a court of competent jurisdiction is not required. Nothing in this section shall be construed as precluding the filing of a parenting plan upon agreement of the parties or if ordered to do so by the court for any child over the age of eighteen for whom custody, visitation, or support is being established or modified by a court of competent jurisdiction.”; and

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

            On motion of Representative Bishop, House Amendment No. 8 was adopted.

            Representative Witte offered House Amendment No. 9.

House Amendment No. 9

AMEND House Substitute for House Committee Substitute for House Bill No. 1453, Page 20, Section 135.327, Line 5, by inserting after all of said line the following:

              “5. The credits authorized by this section shall only apply to the adoption of children who are residents of this state or who are wards of this state at the time of adoption.”; and

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

            Speaker Pro Tem Jetton resumed the Chair.

            HCS HB 1453, with House Amendment No. 9 and HS, as amended, pending, was laid over.

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

AFTERNOON SESSION

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

            The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Dorothy Rose Caisley, Lauren Nowatske, Tessa O'Neill, Maxwell Ryan Golterman, Shavon Swearengen, Naiya Smith, Carlton Poindexter and Joey LeFors.

HOUSE RESOLUTION

            Representative Wright offered House Resolution No. 1564.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 1560

                        and

House Resolution No. 1561 - Representative Hanaway

House Resolution No. 1562 - Representative Brown

House Resolution No. 1563 - Representative Hanaway

House Resolution No. 1565

through

House Resolution No. 1579 - Representative Schoemehl

House Resolution No. 1580 - Representative Mayer

            House Resolution No. 1581 - Representative Bough

House Resolution No. 1582

                        through

House Resolution No. 1595 - Representative Portwood

            House Resolution No. 1596 - Representative Moore

House Resolution No. 1597

through

House Resolution No. 1600 - Representative Lipke

INTRODUCTION OF HOUSE BILLS

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

HB 1722, introduced by Representatives Cooper (155), Davis (19), Nieves, Emery and Stevenson, relating to standard science instruction.

HB 1723, introduced by Representative Dixon, relating to school zones.

HB 1724, introduced by Representative Pratt, relating to fuel storage.

HB 1725, introduced by Representatives Harris (23), Jolly, Schoemehl, Sager and Johnson (90), relating to rights of crime victims and witnesses.

HB 1726, introduced by Representatives Jolly, Harris (23), Meiners, Schoemehl, Sager and Johnson (90), relating to prior or persistent offenders.

SIGNING OF HOUSE BILL

            All other business of the House was suspended while CCS SCS HCS HB 1014 was read at length and, there being no objection, was signed by the Speaker to the end that the same may become law.

            Speaker Pro Tem Jetton resumed the Chair.

THIRD READING OF HOUSE BILLS - CONSENT

            HCS HB 883, relating to highway designation, was taken up by Representative Graham.

            On motion of Representative Graham, HCS HB 883 was adopted.

            On motion of Representative Graham, HCS HB 883 was read the third time and passed by the following vote:

            Speaker Pro Tem Jetton declared the bill passed.

            HB 1029, with House Committee Amendment No. 1, relating to a memorial highway, was taken up by Representative Henke.

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

            On motion of Representative Henke, HB 1029, as amended, was read the third time and passed by the following vote:

            Speaker Pro Tem Jetton declared the bill passed.

            HB 1114, relating to special license plates, was taken up by Representative Skaggs.

            On motion of Representative Skaggs, HB 1114 was read the third time and passed by the following vote:

            Speaker Pro Tem Jetton declared the bill passed.

            HB 1454, relating to a conveyance in Pemiscot County, was taken up by Representative Swinger.

            On motion of Representative Swinger, HB 1454 was read the third time and passed by the following vote:

            Speaker Pro Tem Jetton declared the bill passed.

            HB 1462, relating to a conveyance in Stoddard County, was taken up by Representative Bean.

            On motion of Representative Bean, HB 1462 was read the third time and passed by the following vote:

            Speaker Pro Tem Jetton declared the bill passed.

THIRD READING OF HOUSE BILLS - APPROPRIATIONS

            HB 1001, relating to appropriations, was taken up by Representative Bearden.

            On motion of Representative Bearden, HB 1001 was read the third time and passed by the following vote:

            Speaker Pro Tem Jetton declared the bill passed.

            HS HCS HB 1002, relating to appropriations, was taken up by Representative Bearden.

            On motion of Representative Bearden, HS HCS HB 1002 was read the third time and passed by the following vote:

            Speaker Pro Tem Jetton declared the bill passed.

            Representative Bearden requested a verification of the roll call on the motion to third read and pass HS HCS HB 1002.

            Representative Sander resumed the Chair.

            HS HCS HB 1003, relating to appropriations, was taken up by Representative Bearden.

            On motion of Representative Bearden, HS HCS HB 1003 was read the third time and passed by the following vote:

            Representative Sander declared the bill passed.

            HS HCS HB 1004, relating to appropriations, was taken up by Representative Bearden.

            On motion of Representative Bearden, HS HCS HB 1004 was read the third time and passed by the following vote: