Journal of the House

First Regular Session, 94th General Assembly

TWENTY-THIRD DAY, Tuesday, February 13, 2007

The House met pursuant to adjournment.

            Speaker Pro Tem Bearden in the Chair.

            Prayer by Msgr. Donald W. Lammers.

(From a prayer attributed to Abraham Lincoln. Let it be our prayer this morning.)

God bless our native land;

Firm may she ever stand

Through storm and night;

When the wild tempests rave,

O Ruler of wind and wave,

Thou Who art strong to save,

Be Thou her might!

For her our prayer shall be,

Our father's God, to Thee,

On Whom we wait;

Be her walls, holiness -

Her rulers righteousness,

In all her homes be peace,

God save the State!

Not for this land alone,

But be God's mercies shown

From shore to shore

And may the nations see

That men should brothers be,

And form one family

The wide-world o'er.

(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: Samantha Osterloh, Paige Steiner, Jessica Talley and Gina Battger.

            The Journal of the twenty-second day was approved as printed.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 580 through House Resolution No. 593

SECOND READING OF HOUSE JOINT RESOLUTION

            HJR 20 was read the second time.

SECOND READING OF HOUSE BILL - APPROPRIATIONS

            HB 16 was read the second time.

SECOND READING OF HOUSE BILLS

            HB 827 through HB 838 were read the second time.

COMMITTEE REPORTS

            Committee on Fiscal Review, Chairman Guest reporting:

            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HB 352 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS HB 453 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HB 454 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

PERFECTION OF HOUSE BILL

            HCS HBs 545 & 590, relating to the practice of pharmacy, was taken up by Representative Tilley.

            Representative Schaaf offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill Nos. 545 & 590, Page 1, Section 338.010, Line 2, by deleting after the word "medical" the following:

              "or veterinary"; and

              Further amend House Committee Substitute for House Bill Nos. 545 & 590, Page 1, Section 338.010, Line 7, by deleting after the word "medical" the following:

              "or veterinary"; and

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

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

            Representative Page offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill Nos. 545 & 590, Page 1, Section 338.010, Line 8, by inserting after the word "of" the words "viral influenza"; and

              Further amend said bill, Page 1, Section 338.010, Line 8, by inserting after the word "physician" the following:

              "for persons twelve years of age or older as authorized by rule"; and

              Further amend said bill, Page 2, Section 338.010, Line 42, by inserting after the word "services" the following:

              "and administration of viral influenza vaccines"; and

              Further amend said bill, Page 2, Section 338.010, Line 48, by inserting after the word "services" the following:

              "and administration of viral influenza vaccines"; and

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

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

            On motion of Representative Tilley, HCS HBs 545 & 590, as amended, was adopted.

            On motion of Representative Tilley, HCS HBs 545 & 590, as amended, was ordered perfected and printed.

THIRD READING OF HOUSE BILLS

            HCS HB 453, relating to donations to food pantries, was taken up by Representative Jetton.

            On motion of Representative Jetton, HCS HB 453 was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            HB 454, relating to supplemental food stamp assistance, was taken up by Representative Jetton.

            On motion of Representative Jetton, HB 454 was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            HB 352, relating to state purchasing and printing, was taken up by Representative Hobbs.

            On motion of Representative Hobbs, HB 352 was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

PERFECTION OF HOUSE BILLS

            HCS HB 39, as amended, with House Substitute Amendment No. 1 for House Amendment No. 6 and House Amendment No. 6, pending, relating to disabled employees’ medical aid, was taken up by Representative Portwood.

            Representative Storch offered House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 6.

            Representative Jones (89) raised a point of order that House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 6 goes beyond the scope of the underlying bill.

            The Chair ruled the point of order well taken.

            On motion of Representative Portwood, House Substitute Amendment No. 1 for House Amendment No. 6 was adopted.

            On motion of Representative Portwood, HCS HB 39, as amended, was adopted.

            On motion of Representative Portwood, HCS HB 39, as amended, was ordered perfected and printed by the following vote:

            HCS HBs 444, 217, 225, 239, 243, 297, 402 & 172, relating to a deduction for social security, was taken up by Representative Jetton.

            Representative Whorton offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill Nos. 444, 217, 225, 239, 243, 297, 402 & 172, Section 143.125, Page 1, Line 5, after all of said line, add the following:

              ", or any individual retirement plan yields of capital gains or taxable interest of $6,000 or less;"; and

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

            HCS HBs 444, 217, 225, 239, 243, 297, 402 & 172, with House Amendment No. 1, pending, was laid over.

REFERRAL OF HOUSE BILLS

            The following House Bills were referred to the Committee indicated:

HB 16 - Budget

HB 554 - Health Care Policy

HB 555 - Health Care Policy

HB 633 - Special Committee on Professional Registration and Licensing

HB 686 - Special Committee on Senior Citizen Advocacy

COMMITTEE REPORTS

            Special Committee on Immigration, Chairman Nolte reporting:

            Mr. Speaker: Your Special Committee on Immigration, to which was referred HB 269, 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.

            Special Committee on Tourism, Chairman Marsh reporting:

            Mr. Speaker: Your Special Committee on Tourism, to which was referred HB 205, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(21)(f) be referred to the Committee on Rules.

            Committee on Transportation, Chairman St. Onge reporting:

            Mr. Speaker: Your Committee on Transportation, to which was referred HB 90, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(21)(f) be referred to the Committee on Rules.

            Committee on Rules, Chairman Cooper (120) reporting:

            Mr. Speaker: Your Committee on Rules, to which was referred HCS HJR 1, begs leave to report it has examined the same and recommends that it Do Pass.

            Mr. Speaker: Your Committee on Rules, to which was referred HJR 7, begs leave to report it has examined the same and recommends that it Do Pass.

            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 14, begs leave to report it has examined the same and recommends that it Do Pass.

            Mr. Speaker: Your Committee on Rules, to which was referred HCS HBs 40, 116 & 367, begs leave to report it has examined the same and recommends that it Do Pass.

            Mr. Speaker: Your Committee on Rules, to which was referred HCS HBs 189 & 60, begs leave to report it has examined the same and recommends that it Do Pass.

            Mr. Speaker: Your Committee on Rules, to which was referred HB 262, begs leave to report it has examined the same and recommends that it Do Pass.

            Mr. Speaker: Your Committee on Rules, to which was referred HB 263, begs leave to report it has examined the same and recommends that it Do Pass.

            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 327, begs leave to report it has examined the same and recommends that it Do Pass.

            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 369, begs leave to report it has examined the same and recommends that it Do Pass.

            Mr. Speaker: Your Committee on Rules, to which was referred HCS HBs 636, 308 & 173, 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 21, introduced by Representative Cooper (120), relating to the taxing jurisdiction of local governments.

INTRODUCTION OF HOUSE BILLS

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

HB 839, introduced by Representatives Wallace, Richard, McGhee, Wood, Viebrock, Parson, Lampe, Sater, Nolte, Schneider, Bearden, Cunningham (145), Wilson (119), Schoeller, Roorda, Moore, Icet, Funderburk and Kingery, relating to loss of attendance due to inclement weather.

HB 840, introduced by Representative Loehner, relating to agricultural tax credits.

HB 841, introduced by Representative Loehner, relating to the AgriMissouri marketing program.

HB 842, introduced by Representatives Cooper (158) and McGhee, relating to metallic minerals waste management.

HB 843, introduced by Representatives Low (39), Skaggs, Meadows, Talboy, LeVota, Shively, George, Scavuzzo and Lowe (44), relating to the general assembly.

HB 844, introduced by Representatives Low (39), Talboy, Nasheed, Norr, Curls, Hughes, Meadows, Frame, Lowe (44), Storch and Holsman, relating to driver's licenses.

HB 845, introduced by Representatives Dixon, Stevenson, Cunningham (145), Kratky, Munzlinger, Emery, Silvey, Self, Young, Stream, Weter, Page, Ruestman, Nieves, Icet, Jetton, Bearden, Dempsey, Sander, Marsh, Schoeller, Viebrock, Denison, Wells, Wasson and Smith (14), relating to voter registration for hunting and fishing permit applicants.

HB 846, introduced by Representatives Dixon, Marsh and Schoeller, relating to clerks of courts of record.

HB 847, introduced by Representatives Dixon, Schoeller, Marsh, Denison, Wasson and Lampe, relating to family court commissioners.

HB 848, introduced by Representatives Dixon, Schoeller, Marsh, Viebrock and Wasson, relating to circuit court judges.

HB 849, introduced by Representatives Dixon, Fisher, Cunningham (145), Sater, Moore, Silvey, Viebrock, Denison, Bivins, Wilson (119), Wood, Ruestman, Schoeller and Wasson, relating to Internet sex crimes against children.

HB 850, introduced by Representatives Dixon, Marsh, Schoeller, Viebrock, Denison, Wilson (130) and Wasson, relating to the disaster damage emergency loan revolving fund program.

HB 851, introduced by Representatives Onder, Nolte, Wildberger, Dougherty, Cunningham (86), Dempsey, Muschany, Scharnhorst, Tilley, Nieves, Jones (89), Ruzicka, Schoeller, Emery, Weter, Dusenberg, Lembke, Yates, Sater and Sander, relating to highway patrol enforcement of federal immigration laws.

HB 852, introduced by Representatives Jones (89) and Smith (150), relating to service of summons.

HB 853, introduced by Representatives Jones (89) and Smith (150), relating to annual judicial reports.

HB 854, introduced by Representatives Stream, Fisher, Scharnhorst, Grill, Storch, Kraus, Grisamore, Talboy, Komo, Holsman, Brown (50), Bearden and Hobbs, relating to media access at certain sports stadiums.

HB 855, introduced by Representatives Cunningham (86), Pearce and Kratky, relating to manufactured homes.

COMMUNICATION

February 13, 2007

Mr. Adam Crumbliss

Chief Clerk

Missouri House of Representatives

State Capitol

Jefferson City, MO 65101

Dear Mr. Clerk:

Per RSMo 105.461, I am informing you that I serve as a board member of Laclede Industries in Lebanon, Missouri. Laclede 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/ Darrell Pollock

State Representative

District 146

            The following members' presence was noted: Harris (23) and Haywood.

ADJOURNMENT

            On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Wednesday, February 14, 2007.

COMMITTEE MEETINGS

AGRICULTURE POLICY

Thursday, February 15, 2007, 8:00 a.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 428, HB 693

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 - AGRICULTURE AND NATURAL RESOURCES

Monday, February 19, 2007, 1:00 p.m. Hearing Room 4.

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

Possible Executive session.

APPROPRIATIONS - GENERAL ADMINISTRATION

Wednesday, February 14, 2007, 2:15 p.m. Hearing Room 3.

Office of Administration. Facilities Management/Design and Construction. AMENDED

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.

ELEMENTARY AND SECONDARY EDUCATION

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

Executive session may follow.

Public hearings to be held on: HB 228, HB 264, HB 265, HB 267

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

SPECIAL COMMITTEE ON AGRI-BUSINESS

Wednesday, February 14, 2007, House Chamber south gallery upon morning adjournment.

Executive session.

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 HOMELAND SECURITY

Wednesday, February 14, 2007, 12:00 p.m. Hearing Room 4.

Executive session may follow. AMENDED

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 PROFESSIONAL REGISTRATION AND LICENSING

Thursday, February 15, 2007, 8:00 a.m. Hearing Room 7.

Executive session may follow.

Public hearings to be held on: HB 233, HB 310, HB 544

SPECIAL COMMITTEE ON RETIREMENT

Thursday, February 15, 2007, 8:00 a.m. Hearing Room 1.

Executive session may follow.

Public hearing to be held on: HB 625

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 STATE PARKS AND WATERWAYS

Thursday, February 15, 2007, 8:00 a.m. Hearing Room 4.

Executive session may follow.

Public hearing to be held on: HCR 8

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 TOURISM

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

Executive session.

SPECIAL COMMITTEE ON URBAN EDUCATION REFORM

Wednesday, February 14, 2007, 5:00 p.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 698, HB 808

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 WORKFORCE DEVELOPMENT AND WORKPLACE SAFETY

Wednesday, February 14, 2007, 12:00 p.m. Hearing Room 7.

Executive session may follow.

Public hearings to be held on: HB 61, HB 427

WAYS AND MEANS

Thursday, February 15, 2007, 8:00 a.m. Hearing Room 3.

Executive session.

Public hearings to be held on: HB 165, HB 368

HOUSE CALENDAR

TWENTY-FOURTH DAY, WEDNESDAY, FEBRUARY 14, 2007

HOUSE JOINT RESOLUTION FOR SECOND READING

HJR 21

HOUSE BILLS FOR SECOND READING

HB 839 through HB 855

HOUSE JOINT RESOLUTIONS FOR PERFECTION

1          HCS HJR 1 - Cunningham (86)

2          HJR 7 - Nieves

HOUSE BILL FOR PERFECTION - APPROPRIATIONS

HCS HB 14 - Icet

HOUSE BILLS FOR PERFECTION

1          HCS HB 444, 217, 225, 239, 243, 297, 402 & 172, HA 1, pending - Jetton

2          HCS HB 189 & 60 - Jones (117)

3          HB 262 - Nieves

4          HB 263 - Nieves

5          HCS HB 327 - Richard

6          HCS HB 369 - Fisher

8          HCS HB 636, 308 & 173 - Kraus

9          HCS HB 40, 116 & 367 - Portwood

HOUSE BILL FOR PERFECTION - CONSENT

 (2/12/07)

HB 70 - Day