Journal of the House

First Regular Session, 94th General Assembly

NINTH DAY, Thursday, January 18, 2007

The House met pursuant to adjournment.

         Speaker Pro Tem Bearden in the Chair.

         Prayer by Msgr. Donald W. Lammers.

           Lord God, as we conclude the ninth day of this 94th Session of the General Assembly, we have begun to use the dimensions of authority given us through our election to this body. We remember Your holy word:

           "Let every person be subordinate to the higher authority, for there is no authority except from God, and those that exist have been established by God." (Romans 13:1)

           Almighty God, when we feel the authority that is ours and when we use it, may we also feel humble, remembering, "there is no authority except from You." Help us, by Your grace, to be very conscientious in using our authority, because in using it we are responsible to You.

           May Your Holy Spirit remind us to pray often about these matters, for You are the one in whom all authority rests, 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: Don Stauffer and Michel Drehle.

         The Journal of the eighth day was approved as printed.

SPECIAL RECOGNITION

         The Blair Oaks Falcons Football Team was introduced by Representative Bruns and recognized for attaining the 2006 Class 2 Football State Championship.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

         House Resolution No. 165 through House Resolution No. 192

HOUSE CONCURRENT RESOLUTIONS

         Representative Walton, et al., offered House Concurrent Resolution No. 12.

         Representative Bowman, et al., offered House Concurrent Resolution No. 14.

SECOND READING OF HOUSE BILLS

         HB 431 through HB 456 were read the second time.

HOUSE RESOLUTION

         HCS HR 15, relating to the House Rules, was taken up by Representative Dempsey.

         Representative Dempsey offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Resolution No. 15, Rule 22, Page 5, Line 43, by inserting after the first occurrence of the word "Speaker." the following:

           "The Minority Floor Leader may make recommendations to the Speaker regarding minority membership of special committees."; and

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

         Representative Villa raised a point of order that pursuant to Rule 6, HCS HR 15 is not properly before the House.

         The Chair ruled the point of order not timely.

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

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

House Amendment No. 2

AMEND House Committee Substitute for House Resolution No. 15, Rule 25, Page 10, Line 2, by inserting opening and closing brackets around the words "and sponsor"; and

           Further amend said resolution, Rule 39, Page 15, Lines 4 and 5, by inserting an opening and closing bracket around the words "No bill shall be taken up for consideration by the House unless it has been upon the calendar for at least one legislative day."; and

           Further amend said resolution, Rule 40, Page 16, Line 25, by inserting after said line the following:

"Timing of Placement on Calendar

Rule 41. No bill shall be taken up for consideration by the House unless it has been upon the calendar for at least one legislative day."; and

           Further amend said resolution by renumbering the remaining rules accordingly; and

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

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

         Representative Burnett offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Resolution No. 15, Page 7, Section Rule 25(c), Line 8, by deleting the following brackets:

           [, according to seniority within each respective party caucus, except that no member shall be forced to give up his/her offices, chamber seat or parking space that he/she currently occupies unless such office, chamber seat or parking space is re-assigned by the committee to the members of the opposite party. Notwithstanding any provision of this rule to the contrary, the committee may make assignments to]."; and

           Further amend by deleting the following:

           "The committee may make assignments to the party caucuses for those caucuses to assign to their respective members. The"; and

           Further amend by deleting the following:

           "shall have priority with respect to such assignment within their respective caucuses.".

         Representative Burnett moved that House Amendment No. 3 be adopted.

         Which motion was defeated by the following vote:.

         Representative Donnelly offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Resolution No 15, Page 9, Rule 25, Lines 2-3, by deleting "[to recommit] adopted by the members" and replacing with "to recommit".

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

         Which motion was defeated by the following vote:

         Representative Harris (110) offered House Amendment No. 5.

House Amendment No. 5

AMEND House Committee Substitute for House Resolution No. 15, Page 3, Rule 9, Lines 40-41, by deleting the words:

           "It shall be at the Speaker's discretion whether members may speak on points of order.".

         Representative Harris (110) moved that House Amendment No. 5 be adopted.

         Which motion was defeated.

         On motion of Representative Dempsey, HCS HR 15, as amended, was adopted by the following vote:

INTRODUCTION OF HOUSE CONCURRENT RESOLUTION

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

HCR 13, introduced by Representatives McGhee, Jetton, Bearden, Self, Ruestman, Icet, Sutherland, Schoeller, Dixon, Kelly, Stream, Day, Nance, Richard, Smith (150), Deeken, Muschany, Portwood, Lembke, Davis, Nieves, Dusenberg, Schad, Fisher, Wright, Pratt, Hunter, Denison, Ervin, Baker (123), Tilley, Parson, Dempsey, Smith (14), Jones (117), Kraus, Grisamore, Pearce, Hobbs, Robb, Nolte, Onder, Wilson (130), Thomson, Quinn (7), Sander, Threlkeld, Cooper (158), Brandom, Silvey, Munzlinger, Wood, Schlottach, Loehner, Viebrock, Wallace, Cunningham (145), Dethrow, Ruzicka, Sater, Faith, Kingery, Wells and Schneider, disapproving the amount of increase in compensation for public officials as recommended by the Missouri Citizen's Commission on Compensation for Elected Officials.

INTRODUCTION OF HOUSE JOINT RESOLUTIONS

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

HJR 9, introduced by Representatives Dethrow, Sander, Robb, Dougherty, Ervin, Ruestman, Wilson (119), Weter, Fisher, Wallace and Sater, relating to bird, fish, game, wildlife, or forestry resources.

HJR 10, introduced by Representatives Baker (123), Flook, Thomson, Wallace, Pratt, Nance, Bivins, Nolte, Schlottach, Wilson (119), McGhee, Weter, Pearce, Loehner, Whorton, Aull, Sater, Corcoran, Meadows, Robinson, Ruzicka, Jones (117), Kraus, Fisher, Robb, Smith (150), Sander, Deeken, Quinn (7), Dougherty and Schoeller, 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 457, introduced by Representatives Sutherland, Wilson (119), Wright-Jones, Corcoran, Moore, Whorton, Brown (30), Wells, Muschany, Wood, Bivins, McGhee, Robb, Dusenberg, Sater, Ruestman, Dougherty, Page and Wallace, relating to the senior citizens' homestead tax relief act.

HB 458, introduced by Representatives Sutherland, Hunter, Parson, Bivins, Wilson (119), Sater, Dougherty and Robb, relating to annual franchise taxes.

HB 459, introduced by Representatives Sutherland and Quinn (9), relating to municipal land transfers.

HB 460, introduced by Representative Loehner, relating to the transition period for elected officials.

HB 461, introduced by Representatives Cooper (155), Moore, Kuessner, Skaggs, Day, Jones (117), Schad, Threlkeld, Dethrow, Sander, Pollock, Robb, Wells, Parson, Stevenson, Wilson (130), Kingery, Lembke, Portwood, Weter, Wood, Pearce, Ervin, Self, Bringer, Schlottach, Smith (150), Schoeller, Hobbs, Tilley, Brandom, Wallace, Loehner, Whorton, Jones (89), Richard, Hubbard, Fisher, Nolte, Cunningham (86), Casey, Brown (50) and Dusenberg, relating to the water patrol.

HB 462, introduced by Representatives Munzlinger, Dougherty, Sander, Fisher, McGhee, Sater, Dusenberg, Moore, Smith (150), Wells, Meadows and Franz, relating to the criminal justice system.

HB 463, introduced by Representatives Schaaf and Cooper (155), relating to ethical vaccines.

HB 464, introduced by Representative Pollock, relating to qualifications of certain mayors.

HB 465, introduced by Representatives Wilson (119), Dethrow, Kuessner, Fisher, Wilson (130), Wood, Parson, Jones (117), Munzlinger, Schad, Meadows, Wallace, Kelly, Viebrock, Nolte, Threlkeld, Loehner, Quinn (7), Cooper (120), Wells, Cunningham (145), Pollock, Franz, Self, Smith (150), Emery, Sater, Whorton, Sander, Frame, Day and Hobbs, relating to all-terrain vehicles.

HB 466, introduced by Representatives Schaaf, Denison, Page, Ervin, Hunter and Bivins, relating to certificate of need.

HB 467, introduced by Representative Cox, to authorize the conveyance of property owned by the state in Pettis County to the Girl Scouts-Heart of Missouri Council, Inc.

HB 468, introduced by Representatives Wallace, Day, Wilson (130), Loehner, Baker (123), Smith (150), Dixon, Nance, Baker (25), Weter, Schad, Whorton, Munzlinger, Moore, Roorda, Dethrow, Sater, Kuessner, Bivins, Wells, Cooper (158), Nolte, Grill, Sander, Flook, Fisher, Schneider, Walton, Quinn (7), Deeken, Wood, Aull, Wilson (119), Meadows, Corcoran, Komo, Ervin, Franz, Kelly, Tilley, Kingery, Viebrock, May and Emery, relating to a motor fuel tax exemption for school districts.

HB 469, introduced by Representatives Wallace, Wilson (130), Muschany, Baker (123), Smith (150), Dixon, Nance, Schad, Whorton, Munzlinger, Roorda, Dethrow, Sater, Kuessner, Bivins, Wilson (119), Cooper (158), Nolte, Sander, Fisher, Schneider, Walton, Day, Quinn (7), Deeken, Wood, Aull, Loehner, Emery, Moore, Ervin, Franz, Thomson, Kelly, Tilley, Muschany, Kingery, Pearce, Threlkeld, Weter, Viebrock and May, relating to liability for school employees and volunteers.

HB 470, introduced by Representatives Flook, Jones (89), Donnelly and Grill, relating to child custody jurisdiction and enforcement.

HB 471, introduced by Representatives Flook, Jones (89), Donnelly and Grill, relating to the uniform premarital agreement act.

HB 472, introduced by Representatives Flook, Nance, Jones (89), Donnelly and Grill, relating to the interstate family support act.

HB 473, introduced by Representatives Burnett and Grill, relating to the unauthorized practice of law.

HB 474, introduced by Representative Burnett, relating to garnishment.

HB 475, introduced by Representatives Burnett, Harris (23), Page, Grill, Bringer, Zimmerman and Flook, relating to attorneys as notaries.

HB 476, introduced by Representatives Burnett, Yaeger, Wildberger and Grill, relating to debt-management services.

HB 477, introduced by Representatives Dethrow, Self, Wilson (119), Munzlinger, Loehner, Sater, Hunter, Weter, Schad, Wells, Nieves, Cooper (155), Fisher, Day and Harris (110), relating to an exemption from state and local sales and use taxes for agricultural fencing.

HB 478, introduced by Representatives Dethrow, Kelly, Franz, Wilson (119), Fisher, Wallace, Wood, Loehner, Day, Schlottach, Smith (150), Whorton, Dougherty, Harris (110), Jones (117), Ruestman, Wells, Weter and Sander, relating to the national animal identification system.

HB 479, introduced by Representatives Darrough, Corcoran, Spreng, Zweifel, Zimmerman, Wildberger, St. Onge, Kuessner, Walsh, Harris (110), Bivins and Munzlinger, relating to alternative fuel and alternative fuel vehicles.

HB 480, introduced by Representatives Roorda, Wildberger, Norr and Bruns, relating to board members of fire protection and ambulance districts.

HB 481, introduced by Representative Sutherland, relating to the commissioner's advisory council.

HB 482, introduced by Representatives Walton, Moore, Curls, Walsh, Yaeger, Bringer, Swinger, Harris (110), Zweifel, Schieffer and Roorda, relating to counterfeiting.

HB 483, introduced by Representatives Schaaf, Page, Cooper (155), Baker (25), Sander, Hoskins and Onder, relating to use of lasers and pulse light sources.

HB 484, introduced by Representatives Hughes, Hubbard, Lowe (44), Rucker, Wright-Jones, Corcoran, Burnett, Hoskins, Talboy and Bowman, relating to the Missouri Universal Health Insurance Act.

HB 485, introduced by Representatives Hughes, Wallace, Burnett, Oxford, Frame, Wildberger, Weter, Meiners, Rucker, Brown (50), Lowe (44), Corcoran, Low (39), Hoskins, Talboy and Bowman, relating to title loans.

HB 486, introduced by Representatives Hughes, Burnett, Oxford, Frame, Wildberger, Sater, Rucker, Brown (50), Lowe (44), Corcoran, Hoskins, Hubbard and Bowman, relating to the labeling of food.

HB 487, introduced by Representatives Cooper (120), Parson, Schneider, Dempsey, Sutherland, Moore, Schlottach, Threlkeld, Faith, Jones (89), Scharnhorst, Richard, Hunter, Hobbs, Funderburk, Yates, Jones (117), Schad, McGhee and Deeken, relating to the Missouri county planning act.

HB 488, introduced by Representative Wasson, relating to a tax credit for the use of idle reduction technology.

HB 489, introduced by Representatives Baker (123), Dixon, Jones (117), Threlkeld, Wallace, Flook, Fisher, Robb, Sander, Deeken, Spreng, Chappelle-Nadal, McGhee, Harris (110), Wilson (119) and Storch, relating to gifted education.

HB 490, introduced by Representatives Baker (123), Yates, Wallace, Quinn (7), McGhee, Cooper (158), Roorda, Salva, Meadows, Bowman, Burnett, Brown (50), Storch, Harris (110), Oxford, Daus and Kratky, relating to the selling of scrap metal.

HB 491, introduced by Representative Baker (123), relating to state buildings.

HB 492, introduced by Representative Baker (123), relating to vital records.

HB 493, introduced by Representative Baker (123), relating to child support.

HB 494, introduced by Representatives McGhee, Sater, Scharnhorst, Denison, Moore, Robb, Curls, Guest, Schaaf, Schad, Wallace and Sander, relating to utility payments.

HB 495, introduced by Representatives McGhee, Whorton, Sater, Moore, Robb, Wright, Wallace, Sander and Curls, relating to the Missouri state park board.

HB 496, introduced by Representatives McGhee, Sater, Chappelle-Nadal, Sander and Brown (50), relating to the establishment of community health districts.

HB 497, introduced by Representatives Sater, Day, Portwood, Fisher, Robb, Meiners, Hunter, Weter, Whorton, Dougherty, Wood, Wasson, Tilley, Wallace, Wells, Smith (150) and Dixon, relating to physician assistants.

HB 498, introduced by Representatives Robb, Hubbard, Cunningham (86), Hoskins, Jetton, Bearden, Dempsey, Dougherty, Icet, Meiners, Ruestman, Villa, Nieves, Hughes, Cooper (120), Muschany, Hunter, El-Amin, Stevenson, Jones (117), Scharnhorst, Emery, Davis, Schaaf, Cooper (158), Portwood, Nolte, Onder, Schoeller and Cooper (155), relating to educational tax credits.

COMMITTEE ASSIGNMENTS

ADMINISTRATION AND ACCOUNTS

Kenny Jones - Chair

Mike McGhee - Vice Chair

Shannon Cooper

Mike Cunningham

Gary Dusenberg

AGRICULTURE POLICY

John Quinn - Chair

Billy Pat Wright - Vice Chair

Tom Loehner

Bob Nance

Therese Sander

Charlie Schlottach

APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Mike Dethrow - Chair

Jim Viebrock - Vice Chair

Ellen Brandom

Barney Fisher

Brian Munzlinger

Rodney Schad

APPROPRIATIONS - EDUCATION

Kathlyn Fares - Chair

Brian Baker - Vice Chair

Ed Robb

Rick Stream

Mike Thomson

Kevin Wilson

APPROPRIATIONS - GENERAL ADMINISTRATION

Jim Lembke - Chair

Nathan Cooper - Vice Chair

Steve Hobbs

Scott Lipke

Ryan Silvey

Billy Pat Wright

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

David Sater - Chair

Ray Weter - Vice Chair

Wayne Cooper

Jeff Grisamore

Rob Schaaf

Bryan Stevenson

APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Danielle Moore - Chair

Therese Sander - Vice Chair

Mark Bruns

Tim Jones

Jerry Nolte

David Pearce

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Charlie Schlottach - Chair

Don Wells - Vice Chair

Mike Cunningham

Doug Funderburk

Tom Loehner

Jay Wasson

BUDGET

Allen Icet - Chair

Ed Robb - Vice Chair

Mike Cunningham

Mike Dethrow

Kathlyn Fares

Steve Hobbs

Jim Lembke

Danielle Moore

David Sater

Rob Schaaf

Charlie Schlottach

Ryan Silvey

Bryan Stevenson

Rick Stream

CONSERVATION AND NATURAL RESOURCES

Steve Hobbs - Chair

Don Ruzicka - Vice Chair

Doug Funderburk

Tom Loehner

Bob May

John Quinn

Dennis Wood

CORRECTIONS AND PUBLIC INSTITUTIONS

Van Kelly - Chair

Jim Avery - Vice Chair

Ward Franz

Jim Guest

Kenny Jones

CRIME PREVENTION AND PUBLIC SAFETY

Mark Bruns - Chair

Stan Cox - Vice Chair

Gary Dusenberg

Scott Lipke

Bob Onder

Don Ruzicka

ELECTIONS

Bob May - Chair

Stan Cox - Vice Chair

Jane Cunningham

Cynthia Davis

Bill Deeken

Jim Viebrock

ELEMENTARY AND SECONDARY EDUCATION

Jane Cunningham - Chair

Rodney Schad - Vice Chair

Gary Dusenberg

Gayle Kingery

Ed Robb

Rick Stream

Maynard Wallace

ETHICS

Tom Dempsey - Chair

Bryan Pratt

Vicki Schneider

Tom Self

FISCAL REVIEW

Jim Guest - Chair

Sally Faith - Vice Chair

Bob Dixon

Brian Nieves

Darrell Pollock

Don Wells

HEALTH CARE POLICY

Wayne Cooper - Chair

Cynthia Davis - Vice Chair

Jim Guest

David Sater

Rob Schaaf

Rodney Schad

HIGHER EDUCATION

Gayle Kingery - Chair

David Pearce - Vice Chair

Carl Bearden

Kathlyn Fares

Mike Thomson

INSURANCE POLICY

Brian Yates - Chair

Jim Avery - Vice Chair

Bob Dixon

Sally Faith

Bob Nance

Jay Wasson

Kevin Wilson

JUDICIARY

Bryan Pratt - Chair

Tim Flook - Vice Chair

Timothy Jones

Scott Lipke

Bryan Stevenson

Brian Yates

LOCAL GOVERNMENT

Vicki Schneider - Chair

Joe Smith - Vice Chair

Jason Brown

Charlie Denison

Jerry Nolte

Neal St. Onge

Kevin Threlkeld

RULES

Shannon Cooper - Chair

Tom Dempsey - Vice Chair

Carl Bearden

Mike Parson

Ron Richard

TRANSPORTATION

Neal St. Onge - Chair

Sally Faith - Vice Chair

Charlie Denison

Brian Munzlinger

John Quinn

Joe Smith

WAYS AND MEANS

Mike Sutherland - Chair

Dwight Scharnhorst - Vice Chair

Bob Onder

Neal St. Onge

Kevin Threlkeld

WITHDRAWAL OF HOUSE BILLS

January 18, 2007

Mr. D. Adam Crumbliss, Chief Clerk

Missouri House of Representatives

State Capitol, Room 306C

Jefferson City, MO 65101

Dear Adam:

Because of a drafting error, I respectfully request that House Bill No. 390, which changes various provisions relating to state officer and state employee retirement, be withdrawn.

Thank you for your consideration of my request.

Sincerely,

/s/ Tom Dempsey

____________________

January 18, 2007

Mr. D. Adam Crumbliss, Chief Clerk

Missouri House of Representatives

State Capitol, Room 306C

Jefferson City, MO 65101

Dear Adam:

Because of a drafting error, I respectfully request that House Bill No. 394, which allows for the creation of a trust fund for state retiree health care within the Missouri State Employees' Retirement System, be withdrawn.

Thank you for your consideration of my request.

Sincerely,

/s/ Tom Dempsey

____________________

January 18, 2007

Mr. D. Adam Crumbliss, Chief Clerk

Missouri House of Representatives

State Capitol, Room 306C

Jefferson City, MO 65101

Dear Adam:

Because of a drafting error, I respectfully request that House Bill No. 395, which allows for retirees to receive additional annuities if the retiree is reemployed to any state office and accrues creditable or credited service continuously for at least one year, be withdrawn.

Thank you for your consideration of my request.

Sincerely,

/s/ Tom Dempsey

         The following member's presence was noted: Meadows.

ADJOURNMENT

         On motion of Representative Dempsey, the House adjourned until 4:00 p.m., Monday, January 22, 2007.

HOUSE CALENDAR

TENTH DAY, MONDAY, JANUARY 22, 2007

HOUSE CONCURRENT RESOLUTION FOR SECOND READING

HCR 13

HOUSE JOINT RESOLUTIONS FOR SECOND READING

HJR 9 and HJR 10

HOUSE BILLS FOR SECOND READING

HB 457 through HB 498