Journal of the House

Second Regular Session, 92nd General Assembly

SIXTY-SEVENTH DAY, Tuesday, May 11, 2004

The House met pursuant to adjournment.

            Speaker Pro Tem Jetton in the Chair.

            Prayer by Reverend Donald W. Lammers.

              Let us pray.

“The Lord is the strength of His people,

the saving refuge of His anointed.

Save the people and bless your inheritance;

feed them and carry them forever!”

(Psalm 28:8-9)

              Give us the strength, O Lord, to complete the work of this last week of our 2004 session. Many topics will come before us; some important issues must be decided. By Your grace may we discern what is best for those most in need, what sustains the common good, what is demanded by Your truth.

              We pray to You, who are our God, forever and ever. 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: Haley Boxdorfer, Jim Koester, Andy Morton, Amy Ude, Eleanore Arden-Joly, Elizabeth Boyle, Anne-Marie Di Bisceglie, Chase Dribben, Ian Fletcher, Clayton Gwinnup, Andrea Harman, Meredith Hermann, Jimmy Hildreth, Katherine Kirchoff, Madeline Kirschner, Nora Kovacs, Alex Listrom, Margaret Mulligan, Mia Owens, Claire Pfeifer, Madison Qualy, David Rhodes, Jacqueline Schechter, Samantha Garner Scherrer, Elan Sharoff, Miltiades "Milti" Symeonoglou, Rachel McAllister, Zachary Arnold and Ashleigh Duncan.

            The Journal of the sixty-sixth day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 2917 - Representative Meadows, et al

            House Resolution No. 2918 - Representative Meadows

            House Resolution No. 2919

                        through 

            House Resolution No. 2921 - Representative Johnson (47)

            House Resolution No. 2922 - Representative Lembke

            House Resolution No. 2923

                        through

            House Resolution No. 2939 - Representative Jetton

            House Resolution No. 2940

                        and

            House Resolution No. 2941 - Representatives Deeken and Bruns

            House Resolution No. 2942 - Representatives Lowe and Black

            House Resolution No. 2943 - Representative Kuessner

            House Resolution No. 2944 - Representative Munzlinger

            House Resolution No. 2945 - Representative Bough

            House Resolution No. 2946 - Representative Kelly (144)

            House Resolution No. 2947 - Representative Moore

            House Resolution No. 2948

                        and

            House Resolution No. 2949 - Representative Hanaway

            House Resolution No. 2950 - Representative Smith (14)

            House Resolution No. 2951

                        and

            House Resolution No. 2952 - Representative Zweifel

            House Resolution No. 2953

                        and

            House Resolution No. 2954 - Representative Wilson (119)

            House Resolution No. 2955

                        through 

            House Resolution No. 2957 - Representative Lager

            House Resolution No. 2958 - Representative Wasson

THIRD READING OF SENATE BILLS

            SB 920, relating to the State Water Patrol, was taken up by Representative Cooper (155).

            Representative Cooper (155) offered House Amendment No. 1.

House Amendment No. 1

AMEND Senate Bill No. 920, Section 306.169, Line 3, by deleting after the word “section” the number “306.167" and inserting in lieu thereof the number ”306.165"; and

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

            On motion of Representative Cooper (155), House Amendment No. 1 was adopted.

            Representative Seigfreid offered House Amendment No. 2.

            Representative Goodman raised a point of order that House Amendment No. 2 is not germane and goes beyond the scope of the bill.

            The Chair ruled the point of order well taken.

            On motion of Representative Cooper (155), SB 920, as amended, was read the third time and passed by the following vote:

            Speaker Pro Tem Jetton declared the bill passed.

            HCS SCS SB 1269, relating to sales and use taxes, was taken up by Representative Dempsey.

            Representative Dempsey offered HS HCS SCS SB 1269.

            Representative Schaaf assumed the Chair.

            Representative Corcoran offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 1269, Page 57, Section 94.270, Line 23 of said page, by deleting the words “twenty-five” and by inserting in lieu thereof the words “twenty-seven”; and

              Further amend said section, Page 58, Lines 9 and 10 of said page, by deleting the words “thirteen dollars” and by inserting in lieu thereof the words “thirteen dollars and fifty cents”.

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

            Representative Barnitz offered House Amendment No. 2.

            House Amendment No. 2 was withdrawn.

            On motion of Representative Dempsey, HS HCS SCS SB 1269, as amended, was adopted.

            On motion of Representative Dempsey, HS HCS SCS SB 1269, as amended, was read the third time and passed by the following vote:

            Representative Schaaf declared the bill passed.

            Speaker Pro Tem Jetton resumed the Chair.

THIRD READING OF SENATE BILL - INFORMAL

            HCS SS SB 1000, with House Amendment No. 1, and HS, pending, relating to DNA profiling, was taken up by Representative Crowell.

            Representative Goodman raised a point of order that House Amendment No. 1 is not germane and goes beyond the scope of the underlying bill.

            The Chair ruled the point of order well taken.

            Representative Byrd offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 1000, Section 650.055, Page 10, Line 15, by inserting after all of said line the following:

              “9. Notwithstanding the sovereign immunity of the state, an individual who is determined to be “actually innocent” of a crime may be paid restitution in accordance with this subsection. The individual may receive an amount of $50.00 per day for each day of post-conviction incarceration for the crime for which the individual is determined to be actually innocent. The petition for the payment of said restitution shall be filed with the sentencing court within one year of the release from confinement after August 28, 2003. For the purposes of this subsection the term “actually innocent” shall mean:

              (a) The individual was convicted of a felony for which a final order of release was entered by the court;

              (b) All appeals of the order of release have been exhausted;

              (c) The individual was not serving any term of a sentence for any other crime concurrently with the sentence for which they are determined to be actually innocent; and

              (d) Testing ordered pursuant to section 547.035, RSMo demonstrates a person’s innocence of the crime for which the person is in custody.

An individual who receives restitution pursuant to this subsection shall be prohibited from seeking any civil redress from the state, its departments and agencies, or any employee thereof, or any political subdivision or its employees. This subsection shall not be construed as a waiver of sovereign immunity for any purposes other than the restitution provided for herein. All restitution paid pursuant to this subsection shall be paid from moneys in the DNA profiling analysis fund. The department shall determine the aggregate amount of restitution owed during a fiscal year. If moneys remain in the fund on June 30^th of each fiscal year, the remaining moneys shall be used to pay restitution to those individuals who have received an order awarding restitution under this subsection during the past fiscal year. If insufficient moneys remain in the fund on June 30^th of each fiscal year to pay restitution to such persons, the department shall pay each individual who has received an order awarding restitution a pro rata share of the amount such person is owed. The remaining amounts owed to such individual shall be paid from the fund on June 30^th of each subsequent fiscal year, provided moneys remain in the fund on June 30^th, until such time as the restitution to the individual has been paid in full. No interest on unpaid restitution shall be awarded to the individual. If there are no moneys remaining in the DNA profiling analysis fund, then no payments shall be made under this subsection. No individual who has been determined by the court to be actually innocent shall be responsible for the costs of care under section 217.831, RSMo.

              10. If the results of the DNA testing confirm the person’s guilt, then the person filing for DNA testing under section 547.035, RSMo shall:

              (a) Be liable for any reasonable costs incurred when conducting the DNA test, including but not limited to the cost of the test. Such costs shall be determined by the court and shall be included in the findings of fact and conclusions of law made by the court; and

              (b) Be sanctioned under the provisions of section 217.262, RSMo.”; and

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

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

            House Amendment No. 1 to House Amendment No. 2 was withdrawn.

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

            Representative Dixon offered House Amendment 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 1000, Page 6, Section 650.055, Line 9, by inserting after the word “RSMo.]”; the following:

              “or has been determined beyond a reasonable doubt to be a sexually violent predator pursuant to 632.480 to 632.513, RSMo,”.

            On motion of Representative Dixon, House Amendment No. 3 was adopted.

            On motion of Representative Crowell, HS HCS SS SB 1000, as amended, was adopted.

            On motion of Representative Crowell, HS HCS SS SB 1000, as amended, was read the third time and passed by the following vote:

            Speaker Pro Tem Jetton declared the bill passed.

THIRD READING OF SENATE BILL

            HCS SS SCS SB 968 and SCS SB 969, relating to school personnel, was taken up by Representative Baker.

            Representative Baker offered HS HCS SS SCS SB 968 and SCS SB 969.

            Representative Baker offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 968 and Senate Committee Substitute for Senate Bill No. 969, Page 22 to 28, Section 162.081, by deleting all of said section from the bill; and

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

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

            Representative Walker offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 968 and Senate Committee Substitute for Senate Bill No. 969, Page 80, Section 209.321, Lines 23-24 of said page, by striking all of said lines; and

              Further amend said bill and section, Page 81, Lines 1-18 of said page, by striking all of said lines and inserting in lieu thereof the following:

              “8. (1) The board for certification of interpreters shall grant a provisional certificate in education for any applicant who meets either of the following criteria:

              (a) The applicant possesses a current valid certification in the Missouri interpreters certification system at either the novice or apprentice level and holds a valid license to provide interpreting services; or

              (b) The applicant has submitted an application for certification in the Missouri interpreters certification system and an application for an interpreting license pursuant to sections 209.319 to 209.339 and has taken the written test and performance test or attests that he will complete the certification and licensure applications and take the written test within sixty days following the date of application for a provisional certificate in education and will complete the performance test within sixty days following passage of the written test.

              (2) The board shall issue the provisional certificate in education within ten business days following receipt of a complete application.

              (3) A provisional certificate issued under paragraph a of subdivision 1 of this subsection shall be valid for a term of three years and shall be renewed by the board, upon request by the certificate holder, for one additional term of three years if the certificate holder is reevaluated during the first term of issuance and achieves a higher level of certification in the Missouri interpreter certification system.

              (4) A provisional certificate issued under paragraph b of subdivision 1 of this subsection shall be valid for one year and shall be renewed, upon request of the certificate holder, pursuant to subdivision 3 of this subsection if the certificate holder is reevaluated during the term of issuance and achieves a certification in the Missouri interpreters certification system. Such renewed certificate shall be subject to the term length and renewal provisions of subdivision 3 of this subsection.

              (5) A provisional certificate in education shall be limited to providing interpreting services in preschool, elementary and secondary school settings or as allowed by any other valid Missouri certification or license held by the individual.

              (6) A provisional certificate in education may be revoked by the board if the person makes any misrepresentations or fails to fulfill any commitment made pursuant to paragraph b of subdivision 1 of this subsection, or violates section 209.317 or 209.334 or breaks any of the ethical rules of conduct for interpreters as established by state rule or fails to obtain the necessary continuing education credits required for certification maintenance.”.

            Speaker Hanaway assumed the Chair.

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

            HCS SS SCS SB 968 and SCS SB 969, with HS, as amended, pending, was laid over.

MESSAGES FROM THE SENATE

            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House on SS HCS HB 1055, as amended: Senators Vogel, Bartle, Cauthorn, Caskey and Bray.

            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HCS HB 1093, entitled:

            An act to amend chapter 209, RSMo, by adding thereto three new sections relating to rights of persons with service dogs, with penalty provisions.

            With Senate Amendment No. 1.

Senate Amendment No. 1

              AMEND House Committee Substitute for House Bill No. 1093, Page 2, Section 209.202, Line 13 of said page, by striking all of said line and inserting in lieu thereof the following:

              “who knowingly, intentionally or recklessly fails to exercise sufficient controls over the animal to”.

            In which the concurrence of the House is respectfully requested.

            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SS SCS HCS HB 1288, as amended, and grants the House a conference thereon.

            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HS HCS HB 1433, entitled:

            An act to repeal sections 278.258, 644.076, 701.031, 701.033, 701.037, and 701.038, RSMo, and to enact in lieu thereof eleven new sections relating to regulation of water and sewer systems.

            With Senate Amendment No. 1.

Senate Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill No. 1433, Page 5, Section 249.1152, Line 1, by inserting at the end of said line the following:

              “of the third classification”.

            In which the concurrence of the House is respectfully requested.

            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on Senate Amendment No. 1 to Senate Amendment No. 1, Senate Amendment No. 2 to Senate Amendment No. 1, Senate Amendment No. 1, as amended, and Senate Amendment No. 2 to HS HB 1487, and grants the House a conference thereon.

            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SB 884, and requests that the House recede from its position or, failing to do so, grant the Senate a conference thereon.

            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House on HS HCS SS SCS SB 1081, as amended: Senators Kinder, Gross, Vogel, Callahan and Coleman.

            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted the Conference Committee Report on HS HCS SS SCS SB 1099, as amended, and has taken up and passed CCS HS HCS SS SCS SB 1099.

            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted the Conference Committee Report on HCS SCS SB 1106, and has taken up and passed CCS HCS SCS SB 1106.

            Emergency clause adopted.

BILLS CARRYING REQUEST MESSAGES

            HS SB 932, as amended, relating to unemployment compensation, was taken up by Representative Wilson (130).

            Representative Wilson (130) moved that the House refuse to recede from its position on HS SB 932, as amended, and grant the Senate a conference.

            Which motion was adopted.

             HCS SB 884, relating to republication of statutes, was taken up by Representative Lager.

            Representative Lager moved that the House refuse to recede from its position on HCS SB 884 and grant the Senate a conference.

            Which motion was adopted.

APPOINTMENT OF CONFERENCE COMMITTEES

            The Speaker appointed the following Conference Committees to act with like committees from the Senate on the following bills:

HS SB 932: Representatives Wilson (130), Hunter, Smith (118), George and Burnett

HS HB 1487: Representatives Self, Goodman, Smith (118), Jolly and Bringer

SS SCS HCS HB 1288: Representatives Threlkeld, Guest, St. Onge, Whorton and Henke

HS HCS SS SCS SB 1081: Representatives Pratt, Wasson, Brown, Johnson (90) and Selby

            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.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 2959 - Representative Carnahan

            House Resolution No. 2960

and

            House Resolution No. 2961 - Representative Schaaf

House Resolution No. 2962 - Representative Richard

House Resolution No. 2963

                        and

House Resolution No. 2964 - Representative Lager

House Resolution No. 2965 - Representative Wildberger

House Resolution No. 2966 - Representative Skaggs

House Resolution No. 2967 - Representative Kelly (36)

House Resolution No. 2968

                        through

House Resolution No. 2971 - Representative Wilson (130)

House Resolution No. 2972 - Representative Riback Wilson (25)

            House Resolution No. 2973 - Representative Hubbard

House Resolution No. 2974

                        and

House Resolution No. 2975 - Representative Marsh

House Resolution No. 2976 - Representative Fraser

House Resolution No. 2977 - Representative Crowell

House Resolution No. 2978 - Representatives Crowell and Lipke

House Resolution No. 2979 - Representative May

House Resolution No. 2980 - Representative Myers

House Resolution No. 2981 - Representative Mayer

House Resolution No. 2982

                        through

House Resolution No. 2986 - Representatives Kuessner and Harris (110)

SPECIAL PRESENTATION

            The Heartland Children’s Choir was introduced by Representatives Bean and Kingery. The choir performed “The Missouri Waltz” and “God Bless America”.

THIRD READING OF SENATE BILLS

            HCS SS SCS SB 968 and SCS SB 969, with HS, as amended, pending, relating to school personnel, was again taken up by Representative Baker.

            Representative Sanders Brooks offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 968 and Senate Committee Substitute for Senate Bill No. 969, Section 167.166, Page 59, Line 12 of said page, by inserting after the words “employee of” the following:

              “or volunteer at”; and

              Further amend said section and page, Lines 20 and 21 of said page, by deleting the words “probable to cause” and inserting in lieu thereof the following:

              “that poses an imminent threat of”; and

              Further amend said section, Page 60, Lines 9 and 10, by deleting the words “disciplined immediately in accordance with applicable law” and inserting in lieu thereof the following:

               “immediately suspended without pay, pending an evidentiary hearing when such employee is entitled by statute or contract to such hearing. If an employee is not entitled to such evidentiary hearing, the employee shall be suspended pending completion of due process or further disciplinary action as provided in the district’s personnel policies, as applicable.”; and

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

            On motion of Representative Sanders Brooks, House Amendment No. 3 was adopted.

            Representative Crowell moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Baker, HS HCS SS SCS SB 968 and SCS SB 969, as amended, was adopted by the following vote:

            On motion of Representative Baker, HS HCS SS SCS SB 968 and SCS SB 969, as amended, was read the third time and passed by the following vote:

            Speaker Hanaway declared the bill passed.

            The emergency clause was adopted by the following vote:

BILL IN CONFERENCE

            CCR HS HCS SS SCS SB 1099, as amended, relating to tax credits, was taken up by Representative Dempsey.

            On motion of Representative Dempsey, CCR HS HCS SS SCS SB 1099, as amended, was adopted by the following vote:

            On motion of Representative Dempsey, CCS HS HCS SS SCS SB 1099 was truly agreed to and finally passed by the following vote: