Journal of the House

First Regular Session, 94th General Assembly

TWENTY-FIFTH DAY, Thursday, February 15, 2007

The House met pursuant to adjournment.

            Representative Cooper (120) in the Chair.

            Prayer by Msgr. Donald W. Lammers.

              Let us pray first, by listening to this word of God.

              "Because he dispensed justice to the weak and the poor, it went well with him." (Jeremiah 22:16)

              Almighty God, we thank You for guiding us to dispense justice and to do good for the working disabled. The "working disabled"! Through the very title You inspire us to hold them in great respect. You call us to a comparable respect for those who are disabled and unable to work. At the right time and in the right ways, guide us to work together for them according to their genuine need of help from this body.

              Strengthen us to seek justice and truth in all our work today. Give us the ability and the self-discipline to listen to one another carefully that we may discern what is right and true more clearly.

              Be with us as we return to our homes for the coming weekend. Guide us to hold in our hearts always great concern for those who have asked us to represent them.

              We pray through Jesus Christ our Lord. Amen.

            The Pledge of Allegiance to the flag was recited.

            The Speaker appointed the following to act as an Honorary Page for the Day, to serve without compensation: Sara DePaoli.

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

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 621 through House Resolution No. 651

HOUSE CONCURRENT RESOLUTION

            Representative Smith (150) offered House Concurrent Resolution No. 31.

SECOND READING OF HOUSE BILLS

            HB 856 through HB 870 were read the second time.

COMMITTEE REPORT

            Committee on Fiscal Review, Chairman Guest reporting:

            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS HB 39 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

THIRD READING OF HOUSE BILLS

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

            On motion of Representative Tilley, HCS HBs 545 & 590 was read the third time and passed by the following vote:

            Representative Cooper (120) declared the bill passed.

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

            On motion of Representative Portwood, HCS HB 39 was read the third time and passed by the following vote:

            Representative Cooper (120) declared the bill passed.

            The emergency clause was adopted by the following vote:

PERFECTION OF HOUSE BILLS

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

            Representative Donnelly offered House Amendment No. 7.

House Amendment No. 7

AMEND House Committee Substitute for House Bill Nos. 444, 217, 225, 239, 243, 297, 402 & 172, Section 143.125, Page 2, Line 21, by inserting after all of said section the following:

              "Section B. The provisions of this bill shall only become effective if the general assembly identifies specific reductions in appropriations in the fiscal year 2008 budget that equal or exceed the cost to the state for this bill as determined by the fiscal note for the truly agreed version of House Bill 444."; and

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

            Representative Donnelly moved that House Amendment No. 7 be adopted.

            Which motion was defeated.

            Representative Talboy offered House Amendment No. 8.

            Representative Pratt raised a point of order that House Amendment No. 8 goes beyond the scope of the bill.

            Representative Cooper (120) requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

            On motion of Representative Jetton, HCS HBs 444, 217, 225, 239, 243, 297, 402 & 172, as amended, was adopted by the following vote:

            On motion of Representative Jetton, HCS HBs 444, 217, 225, 239, 243, 297, 402 & 172, as amended, was ordered perfected and printed by the following vote:

            HCS HBs 189 & 60, relating to the defensive use of force, was taken up by Representative Jones (117).

            Representative Cox offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill Nos. 189 & 60, Page 2, Section 563.058, Lines 2-3, by deleting the words "criminal prosecution and"; and

              Further amend said section, Lines 7-9, by deleting all of said lines and inserting in lieu thereof the following:

              "person was a law enforcement officer."; and

              Further amend said section, Line 16, by deleting the words "from prosecution"; and

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

            Representative Pratt assumed the Chair.

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

            Representative Roorda offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill Nos. 189 & 60, Page 1, Section 563.043, Line 1, by inserting after the word "person" the following:

              ", including a law enforcement officer as defined in Section 590.010 whether on or off duty,"; and

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

            Representative Roorda moved that House Amendment No. 2 be adopted.

            Which motion was defeated by the following vote:

            On motion of Representative Jones (117), HCS HBs 189 & 60, as amended, was adopted.

            On motion of Representative Jones (117), HCS HBs 189 & 60, as amended, was ordered perfected and printed.

REFERRAL OF HOUSE CONCURRENT RESOLUTION

            The following House Concurrent Resolution was referred to the Committee indicated:

HCR 26 - Special Committee on Urban Issues

REFERRAL OF HOUSE BILLS

            The following House Bills were referred to the Committee indicated:

HB 391 - Special Committee on Retirement

HB 392 - Special Committee on Retirement

HB 393 - Special Committee on Retirement

HB 552 - Special Committee on Retirement

HB 553 - Special Committee on Retirement

HB 609 - Crime Prevention and Public Safety

HB 616 - Special Committee on Government Affairs

HB 765 - Special Committee on Retirement

HB 820 - Corrections and Public Institutions

HB 836 - Special Committee on Government Affairs

COMMITTEE REPORTS

            Special Committee on Agri-Business, Chairman Munzlinger reporting:

            Mr. Speaker: Your Special Committee on Agri-Business, to which was referred HB 344, 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.

            Mr. Speaker: Your Special Committee on Agri-Business, to which was referred HB 346, 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.

            Special Committee on Family Services, Chairman Franz reporting:

            Mr. Speaker: Your Special Committee on Family Services, to which was referred HB 192, 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.

            Special Committee on Retirement, Chairman Wallace reporting:

            Mr. Speaker: Your Special Committee on Retirement, to which was referred HB 319, 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.

            Mr. Speaker: Your Special Committee on Retirement, to which was referred HB 625, 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 Student Achievement, Chairman Muschany reporting:

            Mr. Speaker: Your Special Committee on Student Achievement, to which was referred HB 620, 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.

            Special Committee on Urban Education Reform, Chairman Hoskins reporting:

            Mr. Speaker: Your Special Committee on Urban Education Reform, to which was referred HB 698, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(21)(f) be referred to the Committee on Rules.

            Mr. Speaker: Your Special Committee on Urban Education Reform, to which was referred HB 808, 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 Workforce Development and Workplace Safety, Chairman Hunter reporting:

            Mr. Speaker: Your Special Committee on Workforce Development and Workplace Safety, to which was referred HB 61, 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 Ways and Means, Chairman Sutherland reporting:

            Mr. Speaker: Your Committee on Ways and Means, to which was referred HB 458, 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.

            Mr. Speaker: Your Committee on Ways and Means, to which was referred HB 459, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, 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 HCR 15, begs leave to report it has examined the same and recommends that it Do Pass.

HOUSE CONCURRENT RESOLUTION NO. 15

              WHEREAS, chronic obstructive pulmonary disease (COPD), also known as chronic bronchitis and emphysema, is the fourth leading cause of death in the United States and the only one of the top five causes of death for which the prevalence and death rate are rising; and

              WHEREAS, COPD is a chronic, progressive disease which impacts over 175,000 residents of Missouri and 24 million Americans; and

              WHEREAS, the annual cost to the nation for COPD in 2004 was estimated to be $37 billion; and

              WHEREAS, early diagnosis and management of COPD can effectively reduce the overall financial burden of the illness within public programs such as Medicaid; and

              WHEREAS, proper management of COPD can lead to improved quality of life and self-sufficiency on the part of patients with COPD cared for within public programs; and

              WHEREAS, disease management has been demonstrated to reduce overall costs of care and increase quality of life for patients with chronic diseases, especially when targeted to appropriate conditions and patients; and

              WHEREAS, November is COPD Awareness Month and November 21, 2007, is COPD Awareness Day:

              NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-fourth General Assembly, First Regular Session, the Senate concurring therein, hereby recognize November 2007 as "COPD Awareness Month" and November 21, 2007, as "COPD Awareness Day" in Missouri; and

              BE IT FURTHER RESOLVED that the General Assembly supports and encourages the Division of Medical Services within the Department of Social Services in its efforts with regard to disease management and including COPD in the Department's chronic care improvement program in an effort to reduce the financial and clinical burden of COPD on the Medicaid program and the citizens of Missouri.

            Mr. Speaker: Your Committee on Rules, to which was referred HB 46, 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 205, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Mr. Speaker: Your Committee on Rules, to which was referred HB 269, 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 22, introduced by Representatives Ervin, Baker (123), Kraus, Funderburk and Wallace, relating to compensation of public officials.

INTRODUCTION OF HOUSE BILLS

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

HB 871, introduced by Representative Cunningham (145), relating to military scholarships.

HB 872, introduced by Representatives Cooper (158), Sater, McGhee and Nieves, relating to utilicare.

HB 873, introduced by Representatives Portwood, Dougherty, Brown (50), Quinn (7), Smith (14), Ruestman, Dixon, El-Amin, Parson, Tilley, Wells, Kratky, Young, Wasson and Smith (150), relating to chiropractor licensing.

HB 874, introduced by Representatives Franz and Bruns, relating to a tax credit for volunteer firefighters.

HB 875, introduced by Representative Franz, relating to county employees' retirement.

HB 876, introduced by Representative Franz, relating to election watchers.

HB 877, introduced by Representatives Hobbs, Fisher, Jones (117), Sander, Thomson, Munzlinger, Whorton, Quinn (9) and Page, relating to biodiesel.

HB 878, introduced by Representatives Hobbs, Munzlinger, Pearce, Robb, Jetton, Threlkeld, Richard and Page, relating to health professional shortage areas.

HB 879, introduced by Representatives Hobbs, Munzlinger, Quinn (7), Weter, Fisher, Sater, Day, Richard, Jetton and Loehner, relating to the managed environment livestock operation tax credit.

HB 880, introduced by Representatives Hobbs, Sater and Richard, relating to land reclamation permit applications.

HB 881, introduced by Representatives Munzlinger, Hobbs, Quinn (7), Bivins, Fisher, Kelly and Grisamore, relating to the managed environment livestock operation tax credit.

HB 882, introduced by Representatives Page, Young, Storch, Talboy, Witte, Johnson, Kraus, Dusenberg, Wright-Jones and Faith, relating to state agencies.

HB 883, introduced by Representatives Low (39), Skaggs, Roorda, Lowe (44), Hughes, LeVota, Frame, Oxford, Witte, Chappelle-Nadal, McClanahan, Curls, Talboy, Daus, Haywood, Zweifel, George, Corcoran, El-Amin and Nasheed, relating to corporate tax disclosures.

HB 884, introduced by Representative Dougherty, relating to blasting vibration levels.

HB 885, introduced by Representatives Wilson (130), Ruestman, Nieves, Page, Sater, Wallace, Bivins and Cunningham (86), relating to impounding vehicles.

HB 886, introduced by Representatives Schlottach, Yaeger, Roorda, Harris (110) and Deeken, relating to solid wastes.

HB 887, introduced by Representatives Emery, Schoeller, Bivins, Nolte, Sater, Ruestman, Nance and Wood, relating to state advertisements.

HB 888, introduced by Representatives Grisamore, Yates, Nieves, Schad, Threlkeld, Dethrow, Smith (150), Ruzicka, Onder, Jones (89), Pratt, Brandom, Quinn (7), Thomson, Moore, Tilley, Flook, Wilson (119), Faith, Cooper (155), Stream, Hunter, Davis, Franz and Schaaf, relating to faith-based organizations.

HB 889, introduced by Representatives Emery, Wilson (130), Self, Nolte, Wood, McGhee, Hunter, Wallace, Ruzicka, Fisher, Nieves, Onder, Lembke, Ervin, Icet, Schneider and Kraus, relating to public assistance for illegal immigrants.

HB 890, introduced by Representatives Kratky, Hubbard, Pearce, Richard, Smith (150), Spreng, Brown (50), Daus, Liese and Yaeger, relating to community college districts.

HB 891, introduced by Representatives Kratky, Hubbard, Smith (150), Brown (50), Spreng, Daus, Vogt, Richard, Meiners, Walsh, Wildberger, Salva, Avery, Donnelly, Storch, Lembke, Baker (25), Portwood, Pollock, Yates, Weter, Deeken, Wasson, Nieves, Schoemehl, Chappelle-Nadal, Villa, Haywood, Wood, May, Cunningham (86), Burnett, Fares, Dusenberg, Liese and Yaeger, relating to income tax credits for hiring disabled workers.

HB 892, introduced by Representatives Kratky, Hubbard, Richard, Spreng, Brown (50), Page, Corcoran, Vogt, Tilley, Yaeger, Frame, Walsh, Hughes, Casey, Lowe (44), Wasson, Roorda, Jones (117), Darrough, Shively, Rucker, Meadows, Robinson, Fallert, Wright-Jones, El-Amin, Swinger, Young, Kuessner, Aull, Salva, Wood, Wilson (119), Whorton, Storch, Grill, Jetton, Liese, Day, Hunter, Fisher, Icet, Lembke, Wallace, Walton, Schieffer, Schoemehl, Holsman, Scavuzzo, Johnson, Donnelly, Quinn (9), Munzlinger, Thomson, Emery, Moore and Harris (110), relating to the creation of a military medal of freedom.

HB 893, introduced by Representatives Davis, Dusenberg and Fisher, relating to traffic control signals.

HB 894, introduced by Representative Hoskins, relating to independent candidates.

HB 895, introduced by Representatives Kuessner, Swinger, Witte, Dougherty, Robinson, Kratky and Harris (110), relating to hospital districts.

HB 896, introduced by Representative Flook, relating to the definition of "traffic violation case".

            The following member's presence was noted: Bearden.

ADJOURNMENT

            On motion of Representative Dempsey, the House adjourned until 4:00 p.m., Monday, February 19, 2007.

COMMITTEE MEETINGS

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 - AGRICULTURE AND NATURAL RESOURCES

Wednesday, February 21, 2007, 5:00 p.m. Hearing Room 3.

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

Possible Executive session.

APPROPRIATIONS - EDUCATION

Monday, February 19, 2007, 11:00 a.m. Hearing Room 1.

Performance based measures on new or increased items related to Higher Education.

Possible discussion on budget decision items.

Possible Executive session.

APPROPRIATIONS - EDUCATION

Tuesday, February 20, 2007, 8:00 a.m. Hearing Room 3.

Performance based measures related to Higher Education continued if necessary.

Possible discussion on budget decision items.

Possible Executive session.

APPROPRIATIONS - GENERAL ADMINISTRATION

Monday, February 19, 2007, 12:00 p.m. Hearing Room 3.

Office of Administration, General Services, Facilities Management, Design and Construction,

Statewide Real Estate, and the Department of Revenue.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Monday, February 19, 2007, 12:00 p.m. Hearing Room 5.

Department of Health and Senior Services budget presentation.

APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Monday, February 19, 2007, 12:00 p.m. Hearing Room 7.

Department of Public Safety budget presentation.

Possible Executive session.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Monday, February 19, 2007, 12:30 p.m. Hearing Room 6.

Budget presentation continued for Department of Economic Development.

Budget presentation by the Department of Insurance.

Executive session may be included.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, February 20, 2007, 5:00 p.m. Hearing Room 3.

Budget presentation Department of Transportation.

Budget recommendations for Departments of Economic Development,

Labor and Industrial Relations, Insurance, and Transportation.

Possible Executive session.

BUDGET

Tuesday, February 20, 2007, Hearing Room 3 upon morning adjournment.

Executive session may follow.

Public hearing to be held on: HB 16

CONSERVATION AND NATURAL RESOURCES

Wednesday, February 21, 2007, 8:00 a.m. Hearing Room 4.

Executive session may follow.

Public hearings to be held on: HB 811, HJR 9, HJR 21

CORRECTIONS AND PUBLIC INSTITUTIONS

Tuesday, February 20, 2007, 5:00 p.m. Hearing Room 4.

Executive session may follow.

Public hearings to be held on: HB 338, HB 268, HB 495, HB 62, HB 467

CRIME PREVENTION AND PUBLIC SAFETY

Tuesday, February 20, 2007, 12:00 p.m. Hearing Room 3.

Executive session may follow.

Public hearings to be held on: HB 42, HB 113, HB 331, HB 333

ELECTIONS

Tuesday, February 20, 2007, 8:00 a.m. Hearing Room 5.

Executive session may follow.

Public hearings to be held on: HB 57, HJR 18, HJR 4, HJR 5

HEALTH CARE POLICY

Tuesday, February 20, 2007, 12:00 p.m. Hearing Room 5.

Executive session may follow.

Public hearings to be held on: HB 554, HB 555, HB 182

JOINT COMMITTEE ON ADMINISTRATIVE RULES

Wednesday, February 21, 2007, Senate Lounge upon afternoon adjournment.

Upon afternoon adjournment of both Houses hearing will begin.

Should either House continue after 8:00 p.m., hearing will be held on

February 22, 2007, at 8:00 a.m. in Senate Committee Room 2. 11 CSR 45-12.080

JOINT COMMITTEE ON TRANSPORTATION OVERSIGHT

Monday, February 26, 2007, 11:00 a.m. Hearing Room 3.

Specialty plates, MO Hospice organization,

Arkansas Alumni Association, Highway naming, Reimbursement.

RULES

Tuesday, February 20, 2007, 8:00 a.m. Hearing Room 2.

Executive session may follow.

Public hearings to be held on: HCR 25, HR 65, HJR 21

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

Tuesday, February 20, 2007, 8:00 a.m. Hearing Room 2.

Executive session may follow.

Public hearings to be held on: HCS HB 272, HB 69, HB 351, HB 576, HB 344,

HB 319, HCS HB 620, HB 808, HCS HB 346, HCS HB 221, HB 488, HB 625

SPECIAL COMMITTEE ON ENERGY AND ENVIRONMENT

Tuesday, February 20, 2007, 12:00 p.m. Hearing Room 2.

Executive session may follow.

Public hearing to be held on: HB 347

SPECIAL COMMITTEE ON GOVERNMENT AFFAIRS

Tuesday, February 20, 2007, 8:00 a.m. Hearing Room 7.

Executive session may follow.

Public hearings to be held on: HB 665, HB 361, HB 125, HB 312, HB 614, HB 255

SPECIAL COMMITTEE ON HEALTHCARE FACILITIES

Tuesday, February 20, 2007, 5:00 p.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 508, HB 432

SPECIAL COMMITTEE ON HEALTHCARE FACILITIES

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

Executive session may follow.

Public hearing to be held on: HB 420

SPECIAL COMMITTEE ON VETERANS

Tuesday, February 20, 2007, 12:00 p.m. Hearing Room 7.

Executive session may follow.

Public hearings to be held on: HB 608, HCR 28

TRANSPORTATION

Tuesday, February 20, 2007, 8:00 a.m. Hearing Room 1.

Executive session may follow.

Public hearing to be held on: HB 110

HOUSE CALENDAR

TWENTY-SIXTH DAY, MONDAY, FEBRUARY 19, 2007

HOUSE JOINT RESOLUTION FOR SECOND READING

HJR 22

HOUSE BILLS FOR SECOND READING

HB 871 through HB 896

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          HB 262 - Nieves

2          HB 263 - Nieves

3          HCS HB 327 - Richard

4          HCS HB 369 - Fisher

5          HCS HB 636, 308 & 173 - Kraus

6          HCS HB 40, 116 & 367 - Portwood

7          HB 269 - Nolte

8          HB 46 - Viebrock

HOUSE BILLS FOR PERFECTION - CONSENT

 (2/12/07)

HB 70 - Day

 (2/19/07)

HB 205 - Marsh

HOUSE BILLS FOR THIRD READING

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

2          HCS HB 189 & 60 - Jones (117)

HOUSE CONCURRENT RESOLUTION

HCR 15, (2-15-07) - Threlkeld