Journal of the House

First Regular Session, 94th General Assembly

TWENTY-SECOND DAY, Monday, February 12, 2007

The House met pursuant to adjournment.

            Speaker Jetton in the Chair.

            Prayer by Reverend James Earl Jackson.

              None can compare to You, O Lord! Your exploits are incomparable! For You are great and do amazing things. You alone are God.

              You desire truth in the inner being. Make us, therefore, to know wisdom in our heart and grant us perceptive insight. Teach us the walk of integrity.

              Heavenly Father, we endeavor to keep our eyes open for You, watching for Your works; staying alert for signs of Your presence. We take strategic moments to pause and breathe in Your goodness.

              We thank You for the abundance of Your mercy showered upon us when we have missed the mark. May Your grace, Your unmerited favor, be sufficient for all that we do for the people of this state.

              For it is in the name of Your Son we pray. Amen.

            The Pledge of Allegiance to the flag was recited.

            The Journal of the twenty-first day was approved as corrected.

HOUSE RESOLUTION

            Representative Deeken offered House Resolution No. 565.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 558 through House Resolution No. 564

            House Resolution No. 566 through House Resolution No. 579

HOUSE CONCURRENT RESOLUTION

            Representative Kuessner, et al., offered House Concurrent Resolution No. 27.

SECOND READING OF HOUSE BILLS

            HB 809 through HB 826 were read the second time.

PERFECTION OF HOUSE BILL

            HCS HB 39, relating to disabled employees’ medical aid, was taken up by Representative Portwood.

            Representative Portwood offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 39, Page 2, Section 208.146, Lines 45-47, by deleting said lines and inserting in lieu thereof the following:

              "e) A seventy-five dollar a month standard deduction for the disabled worker's dental and optical insurance when the total dental and optical insurance premiums are less than seventy-five dollars.".

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

            Representative Lembke offered House Amendment No. 2.

            Representative Stevenson raised a point of order that the distribution of House Amendment No. 2 was not timely.

            The Chair ruled the point of order well taken.

            Representative Stevenson offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 39, Page 8, Section 208.151, Line 149, by deleting the word "through" and inserting in lieu thereof the following:

              "by individuals eligible for"; and

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

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

            Representative Baker (25) offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill No. 39, Page, 3, Section 208.146, Line 51, by deleting the words "one-half" and replace with "three-fourths".

            Representative Baker (25) moved that House Amendment No. 4 be adopted.

            Which motion was defeated by the following vote:

            Representative Donnelly offered House Amendment No. 5.

            Representative Jones (89) raised a point of order that House Amendment No. 5 is not germane to the bill.

            Representative Pratt raised an additional point of order that House Amendment No. 5 goes beyond the scope of the bill.

            The Chair ruled the second point of order well taken.

            Representative Donnelly appealed the ruling of the Chair.

            The ruling of the Chair was sustained by the following vote:

            Representative Skaggs offered House Amendment No. 6.

House Amendment No. 6

AMEND House Committee Substitute for House Bill No. 39, Page 3, Section 208.146, Line 56, by deleting the words “seven and one-half” and inserting in lieu thereof the following:

              “four”; and

              Further amend said bill, Page 3, Section 208.146, Line 59, by deleting the words “seven and one-half” and inserting in lieu thereof the following:

              “four”; and

              Further amend said bill, Page 3, Section 208.146, Line 62, by deleting the words “seven and one-half” and inserting in lieu thereof the following:

              “four”; and

              Further amend said bill, Page 3, Section 208.146, Line 65, by deleting the words “seven and one-half” and inserting in lieu thereof the following:

              “four”; and

              Further amend said bill, Page 3, Section 208.146, Line 68, by deleting the words “seven and one-half” and inserting in lieu thereof the following:

              “four”; and

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

            Representative Portwood offered House Substitute Amendment No. 1 for House Amendment No. 6.

House Substitute Amendment No. 1

for

House Amendment No. 6

AMEND House Committee Substitute for House Bill No. 39, Page 3, Section 208.146, Line 56, by deleting the words “seven and one-half” and inserting in lieu thereof the following:

              “four”; and

              Further amend said bill, Page 3, Section 208.146, Line 59, by deleting the words “seven and one-half” and inserting in lieu thereof the following:

              “four”; and

              Further amend said bill, Page 3, Section 208.146, Line 62, by deleting the words “seven and one-half” and inserting in lieu thereof the following:

              “five”; and

              Further amend said bill, Page 3, Section 208.146, Line 65, by deleting the words “seven and one-half” and inserting in lieu thereof the following:

              “six”; and

              Further amend said bill, Page 3, Section 208.146, Line 68, by deleting the words “seven and one-half” and inserting in lieu thereof the following:

              “seven”; and

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

            Representative Skaggs raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 6 is not a true substitute amendment.

            The Chair ruled the point of order not well taken.

            HCS HB 39, as amended, with House Substitute Amendment No. 1 for House Amendment No. 6, and House Amendment No. 6, pending, was laid over.

            Representative Wasson assumed the Chair.

THIRD READING OF HOUSE BILL

            HCS HB 300, relating to fire protection, was taken up by Representative Bruns.

            On motion of Representative Bruns, HCS HB 300 was read the third time and passed by the following vote:

            Representative Wasson declared the bill passed.

REFERRAL OF HOUSE BILLS

            The following House Bills were referred to the Committee indicated:

HB 352 - Fiscal Review (Fiscal Note)

HB 452 - Special Committee on Energy and Environment

HB 498 - Special Committee on Urban Education Reform

HB 690 - Special Committee on Student Achievement

HB 774 - Special Committee on General Laws

RE-REFERRAL OF HOUSE BILL

            The following House Bill was re-referred to the Committee indicated:

HB 808 - Special Committee on Urban Education Reform

COMMITTEE REPORT

            Committee on Conservation and Natural Resources, Chairman Hobbs reporting:

            Mr. Speaker: Your Committee on Conservation and Natural Resources, to which was referred HB 46, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(21)(f) be referred to the Committee on Rules.

INTRODUCTION OF HOUSE BILL - APPROPRIATIONS

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

HB 16, introduced by Representative Icet, to appropriate money for supplemental purposes for the several departments and offices of state government, and to transfer money among certain funds, from the funds designated for the fiscal period ending June 30, 2007.

INTRODUCTION OF HOUSE JOINT RESOLUTION

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

HJR 20, introduced by Representatives Bearden, Jetton, Icet, Self, Nieves, Dixon, Ruestman, Dempsey, Ervin, Baker (123), Funderburk, McGhee, Davis, Emery, Muschany, Hunter, Cooper (155), Parson, Schad, Jones (117), Pollock, Dougherty, Threlkeld, Scharnhorst, Robb, Day, Loehner, Lembke, Franz, Pratt, Flook, Cooper (120), Hobbs, Quinn (7), Smith (14), Sater, Wood, Brandom and Stevenson, relating to the commonsense obligation to provide accountability and spending stabilization act.

INTRODUCTION OF HOUSE BILLS

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

HB 827, introduced by Representatives Muschany, Corcoran, Robb, Baker (123), Aull, Fares, Franz, Cunningham (86), Stream, Sater, Meiners, Tilley, Brown (50), Kingery, May, Smith (150) and Sutherland, relating to educational needs of children in licensed residential care facilities.

HB 828, introduced by Representatives Viebrock, Wood, Funderburk, Whorton and McGhee, relating to residential and commercial septage pumpers.

HB 829, introduced by Representative Wasson, relating to real estate appraisers.

HB 830, introduced by Representative Wasson, relating to optometry licenses.

HB 831, introduced by Representative Wasson, relating to the board of pharmacy.

HB 832, introduced by Representative Wasson, relating to the licensing of nursing home administrators.

HB 833, introduced by Representative Wasson, relating to the licensing of tattoo practitioners and establishments.

HB 834, introduced by Representative Deeken, relating to the costs of special elections.

HB 835, introduced by Representative Yates, relating to registration for cosmetology-related professions.

HB 836, introduced by Representatives Dougherty, Jetton, McGhee, Bearden, Jones (117), Nieves, Liese, Swinger, LeVota, Ervin, Smith (14), Robinson, Kratky, Burnett and Corcoran, relating to annexation.

HB 837, introduced by Representatives Cooper (155) and Stevenson, relating to child visitation.

HB 838, introduced by Representatives Jones (117) and Roorda, relating to closed records.

COMMUNICATION

February 12, 2007

Adam Crumbliss, Chief Clerk

Missouri House of Representatives

State Capitol Building

Jefferson City, MO 65101

Dear Mr. Clerk:

Per RSMo 105.461, I am informing you that on January 18, 2007, I was appointed as a Board Member of Valley Industries, Hazelwood, Missouri. Valley Industries, a sheltered workshop, does receive some funding from the state in a manner similar to other workshops.

Please contact me if you have any questions.

Sincerely,

/s/ Clint Zweifel

State Representative

District 78

ADJOURNMENT

            On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Tuesday, February 13, 2007.

CORRECTIONS TO THE HOUSE JOURNAL

            Correct House Journal, Twenty-first Day, Thursday, February 8, 2007, Page 338, Line 2, by deleting the word "Affairs" and inserting in lieu thereof the word "Issues"; and

            Further correct said page, Line 33, by deleting "HB 289" and inserting in lieu thereof "HB 189".

COMMITTEE MEETINGS

APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Wednesday, February 14, 2007, 5:00 p.m. Hearing Room 3.

Review Departments of Agriculture, Natural Resources, and Conservation budgets.

Possible Executive session.

APPROPRIATIONS - EDUCATION

Tuesday, February 13, 2007, 8:00 a.m. Hearing Room 3.

Department of Elementary and Secondary Education performance based measures on new or

increased decision items continued.

Possible Executive session.

Possible discussion on budget decision items.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Thursday, February 15, 2007, 8:00 a.m. Hearing Room 5.

Department of Mental Health budget presentation.

Committee will reconvene one hour (1) after adjournment in Hearing Room 5

for additional budget review.

APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Wednesday, February 14, 2007, 8:00 a.m. Hearing Room 3.

Department of Public Safety budget presentation.

Possible Executive session.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, February 13, 2007, 5:00 p.m. Hearing Room 3.

Public testimony from Monday continued, if necessary.

Budget presentations by Departments of Labor and Industrial Relations,

and Economic Development.

Executive session may be included.

CRIME PREVENTION AND PUBLIC SAFETY

Tuesday, February 13, 2007, 12:00 p.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 240, HB 405, HB 732, HB 551, HB 579, HB 674

ELECTIONS

Tuesday, February 13, 2007, 8:00 a.m. Hearing Room 5.

Executive session may follow.

Public hearings to be held on: HB 460, HB 67, HB 166

HEALTH CARE POLICY

Tuesday, February 13, 2007, 12:00 p.m. Hearing Room 5.

Executive session may follow.

Public hearing to be held on: HB 203

HIGHER EDUCATION

Tuesday, February 13, 2007, 5:00 p.m. Hearing Room 1.

Executive session may follow. AMENDED

Public hearings to be held on: HB 442, HB 613

INSURANCE POLICY

Wednesday, February 14, 2007, 12:00 p.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 77, HB 261, HB 419, HB 121

JUDICIARY

Tuesday, February 13, 2007, 12:00 p.m. Hearing Room 1.

No Executive session.

Public hearings to be held on: HB 220, HB 281, HB 526, HB 527

LOCAL GOVERNMENT

Tuesday, February 13, 2007, 8:00 a.m. Hearing Room 6.

Executive session may be held.

Public hearings to be held on: HB 325, HB 184, HB 287, HB 81, HB 93, HB 530

RULES - PURSUANT TO RULE 25(21)(f)

Tuesday, February 13, 2007, 8:30 a.m. Hearing Room 2.

Executive session may follow. AMENDED

Public hearings to be held on: HJR 7, HB 262, HB 263, HCS HB 327,

HCS HB 369, HCS HB 636, 308 & 173, HCS HB 40, 116 & 367,

HCS HJR 1, HCS HB 14, HCS HB 189 & 60

SPECIAL COMMITTEE ON AGRI-BUSINESS

Tuesday, February 13, 2007, 8:00 a.m. Hearing Room 4.

Executive session may follow.

Public hearings to be held on: HB 343, HB 344, HB 348

SPECIAL COMMITTEE ON FAMILY SERVICES

Wednesday, February 14, 2007, 8:00 a.m. Hearing Room 1.

Executive session may follow.

Public hearing to be held on: HB 716

SPECIAL COMMITTEE ON GENERAL LAWS

Tuesday, February 13, 2007, 4:30 p.m. Hearing Room 4.

Executive session may follow.

Public hearings to be held on: HB 180, HB 215, HB 227

SPECIAL COMMITTEE ON HEALTHCARE FACILITIES

Tuesday, February 13, 2007, 5:00 p.m. Hearing Room 6.

Executive session may follow. CANCELLED

Public hearing to be held on: HB 420

SPECIAL COMMITTEE ON HOMELAND SECURITY

Wednesday, February 14, 2007, 12:00 p.m. Hearing Room 2.

Executive session may follow.

Public hearings to be held on: HB 155, HB 118, HB 619

SPECIAL COMMITTEE ON JOB CREATION AND ECONOMIC DEVELOPMENT

Wednesday, February 14, 2007, 8:00 a.m. Hearing Room 7.

Executive session may follow.

Public hearing to be held on: HB 488

SPECIAL COMMITTEE ON RURAL COMMUNITY DEVELOPMENT

Tuesday, February 13, 2007, 8:00 a.m. Hearing Room 7.

Executive session may follow.

Public hearings to be held on: HB 74, HB 234

SPECIAL COMMITTEE ON SMALL BUSINESS

Wednesday, February 14, 2007, 8:00 a.m. Hearing Room 5.

Executive session may follow.

Public hearings to be held on: HB 365, HB 804, HB 805

SPECIAL COMMITTEE ON STUDENT ACHIEVEMENT

Tuesday, February 13, 2007, 4:00 p.m. Senate Committee Room 1.

Missouri Chamber of Commerce presentation on METS and State Scholars.

SPECIAL COMMITTEE ON STUDENT ACHIEVEMENT

Wednesday, February 14, 2007, 8:00 a.m. Hearing Room 6.

Executive session may follow. AMENDED

Public hearings to be held on: HB 489, HB 690

SPECIAL COMMITTEE ON TAX REFORM

Tuesday, February 13, 2007, 12:00 p.m. Hearing Room 3.

Executive session may follow. AMENDED

Public hearings to be held on: HB 218, HB 675, HJR 8, HCR 9

SPECIAL COMMITTEE ON TOURISM

Wednesday, February 14, 2007, 12:00 p.m. Hearing Room 1.

Executive session.

SPECIAL COMMITTEE ON URBAN ISSUES

Tuesday, February 13, 2007, 5:00 p.m. Hearing Room 7.

Public hearing to be held on: HB 41

SPECIAL COMMITTEE ON UTILITIES

Wednesday, February 14, 2007, 12:00 p.m. Hearing Room 5.

Ice storm response assessment-informational hearing.

NO PUBLIC TESTIMONY.

Committee will reconvene at 3:00 p.m.

SPECIAL COMMITTEE ON VETERANS

Tuesday, February 13, 2007, 12:00 p.m. Hearing Room 7.

Executive session. AMENDED

TRANSPORTATION

Tuesday, February 13, 2007, 8:00 a.m. Hearing Room 1.

Executive session may follow.

Public hearing to be held on: HB 90

HOUSE CALENDAR

TWENTY-THIRD DAY, TUESDAY, FEBRUARY 13, 2007

HOUSE JOINT RESOLUTION FOR SECOND READING

HJR 20

HOUSE BILL FOR SECOND READING - APPROPRIATIONS

HB 16

HOUSE BILLS FOR SECOND READING

HB 827 through HB 838

HOUSE BILLS FOR PERFECTION

1          HCS HB 39, as amended, HSA 1 for HA 6, HA 6, pending - Portwood

2          HCS HB 444, 217, 225, 239, 243, 297, 402 & 172 - Jetton

3          HCS HB 545 & 590 - Tilley

HOUSE BILL FOR PERFECTION - CONSENT

 (2/12/07)

HB 70 - Day

HOUSE BILLS FOR THIRD READING

1          HCS HB 453, (Fiscal Review 2-7-07) - Jetton

2          HB 454, (Fiscal Review 2-7-07) - Jetton

3          HB 352, (Fiscal Review 2-12-07) - Hobbs