First Regular Session, 94th General Assembly
TWENTY-SIXTH DAY, Monday, February 19, 2007
The House met pursuant to adjournment.
Speaker Jetton in the Chair.
Prayer by Reverend James Earl Jackson.
Lord God, You are gracious and full of compassion, slow to anger and abounding in mercy. You are good to all, and Your tender mercies are over all the work of Your hand.
How wonderful to be near You, O God, to find protection with You, Sovereign LORD and to proclaim all that You have done!
Teach us to use wisely all the time we have in this session. Teach us to enjoy life in spite of the difficult moments. Teach us to have compassion as You have shown us compassion; considering the plight of others as we make decisions that affect us all.
Your advice has been our guide as we seek to do what is right and pleasing in Your sight.
Now may You, the God of hope, fill us with all joy and peace in believing, so that we would abound in hope by the power of Your Spirit.
For it's in the name of Your Son we pray. 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: Janae Robinson, Alan Dockery, Tyler Mutch, Beverly Stevens, Diane Mott, Graham Gardner, Paige Russell and Lauren Sellers.
The Journal of the twenty-fifth day was approved as printed.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 652 through House Resolution No. 674
HOUSE CONCURRENT RESOLUTION
Representative Jones (117), et al., offered House Concurrent Resolution No. 32.
SECOND READING OF HOUSE JOINT RESOLUTION
HJR 22 was read the second time.
SECOND READING OF HOUSE BILLS
HB 871 through HB 896 were read the second time.
THIRD READING OF HOUSE BILL
HCS HBs 189 & 60, relating to defensive use of force, was taken up by Representative Jones (117).
On motion of Representative Jones (117), HCS HBs 189 & 60 was read the third time and passed by the following vote:
AYES: 143 |
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Aull |
Baker 25 |
Baker 123 |
Bearden |
Bivins |
Bowman |
Brandom |
Bringer |
Brown 50 |
Bruns |
Burnett |
Casey |
Chappelle-Nadal |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Corcoran |
Cox |
Cunningham 145 |
Cunningham 86 |
Darrough |
Daus |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Donnelly |
Dougherty |
Dusenberg |
El-Amin |
Emery |
Ervin |
Faith |
Fallert |
Fares |
Fisher |
Frame |
Franz |
Funderburk |
George |
Grill |
Grisamore |
Guest |
Harris 23 |
Harris 110 |
Haywood |
Hobbs |
Hodges |
Holsman |
Hoskins |
Hunter |
Icet |
Jones 89 |
Jones 117 |
Kingery |
Komo |
Kraus |
Kuessner |
Lampe |
Lembke |
Liese |
Lipke |
Loehner |
Marsh |
May |
McClanahan |
Meadows |
Meiners |
Moore |
Munzlinger |
Muschany |
Nance |
Nieves |
Nolte |
Norr |
Onder |
Page |
Parson |
Pollock |
Portwood |
Pratt |
Quinn 7 |
Quinn 9 |
Richard |
Robb |
Roorda |
Rucker |
Ruestman |
Ruzicka |
Salva |
Sander |
Sater |
Scavuzzo |
Schaaf |
Schad |
Scharnhorst |
Schieffer |
Schlottach |
Schneider |
Schoeller |
Schoemehl |
Self |
Shively |
Silvey |
Skaggs |
Smith 14 |
Smith 150 |
Spreng |
Stevenson |
St. Onge |
Stream |
Sutherland |
Swinger |
Talboy |
Thomson |
Threlkeld |
Tilley |
Todd |
Viebrock |
Villa |
Wallace |
Walsh |
Walton |
Wasson |
Wells |
Weter |
Whorton |
Wildberger |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright 159 |
Wright-Jones |
Yaeger |
Yates |
Young |
Zimmerman |
Zweifel |
Mr Speaker |
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NOES: 004 |
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Low 39 |
Lowe 44 |
Nasheed |
Vogt |
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PRESENT: 002 |
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Curls |
Oxford |
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ABSENT WITH LEAVE: 014 |
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Avery |
Bland |
Brown 30 |
Flook |
Hubbard |
Hughes |
Johnson |
Kelly |
Kratky |
LeVota |
McGhee |
Pearce |
Robinson |
Storch |
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Speaker Jetton declared the bill passed.
Representative Stevenson assumed the Chair.
PERFECTION OF HOUSE BILL - APPROPRIATIONS
HCS HB 14, relating to appropriations, was taken up by Representative Icet.
Representative Icet offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for House Bill No. 14, Page 10, Section 14.230, Line 2, by deleting said line and inserting the following:
"For start-up costs of a joint engineering program with the University of Missouri-Rolla, including but not limited to laboratory development, equipment purchases and laboratory set-up"; and
Further amend said bill, Page 10, Section 14.235, Line 2, by deleting said line and inserting the following:
"For start-up costs on the Rolla campus of a joint engineering program with Missouri State University, including but not limited to distance education facility development, equipment purchases, laboratory development and course development".
On motion of Representative Icet, House Amendment No. 1 was adopted.
On motion of Representative Icet, HCS HB 14, as amended, was adopted.
On motion of Representative Icet, HCS HB 14, as amended, was ordered perfected and printed.
PERFECTION OF HOUSE JOINT RESOLUTION
HJR 7, relating to the language of official proceedings, was taken up by Representative Nieves.
Representative Chappelle-Nadal offered House Amendment No. 1.
House Amendment No. 1
AMEND House Joint Resolution No. 7, Section 34, Page 1, Line 2, by inserting the following at the end of said line:
"This section shall not prohibit any governmental agency from providing or distributing materials to persons over the age of sixty-five in a language other than English."; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Representative Chappelle-Nadal moved that House Amendment No. 1 be adopted.
Which motion was defeated by the following vote:
AYES: 052 |
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Aull |
Baker 25 |
Bland |
Bowman |
Bringer |
Brown 50 |
Burnett |
Chappelle-Nadal |
Corcoran |
Curls |
Darrough |
Daus |
Donnelly |
Dougherty |
El-Amin |
Fallert |
Frame |
George |
Haywood |
Holsman |
Hoskins |
Komo |
Kuessner |
Lampe |
Liese |
Low 39 |
Lowe 44 |
Meadows |
Meiners |
Nasheed |
Oxford |
Roorda |
Rucker |
Salva |
Schieffer |
Schoemehl |
Skaggs |
Spreng |
Swinger |
Talboy |
Villa |
Vogt |
Walsh |
Walton |
Whorton |
Wildberger |
Witte |
Wright-Jones |
Yaeger |
Young |
Zimmerman |
Zweifel |
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NOES: 098 |
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Baker 123 |
Bearden |
Bivins |
Brandom |
Bruns |
Casey |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Cox |
Cunningham 145 |
Cunningham 86 |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Dusenberg |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Franz |
Funderburk |
Grill |
Grisamore |
Guest |
Harris 23 |
Harris 110 |
Hobbs |
Hodges |
Hunter |
Icet |
Jones 89 |
Jones 117 |
Kelly |
Kingery |
Kraus |
Lembke |
Lipke |
Loehner |
Marsh |
May |
McClanahan |
Moore |
Munzlinger |
Muschany |
Nance |
Nieves |
Nolte |
Norr |
Onder |
Page |
Parson |
Pollock |
Portwood |
Pratt |
Quinn 7 |
Quinn 9 |
Richard |
Robb |
Ruestman |
Ruzicka |
Sater |
Scavuzzo |
Schaaf |
Schad |
Scharnhorst |
Schlottach |
Schneider |
Schoeller |
Self |
Shively |
Silvey |
Smith 14 |
Smith 150 |
Stevenson |
St. Onge |
Stream |
Sutherland |
Thomson |
Threlkeld |
Tilley |
Todd |
Viebrock |
Wallace |
Wasson |
Wells |
Weter |
Wilson 119 |
Wilson 130 |
Wood |
Wright 159 |
Yates |
Mr Speaker |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 013 |
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Avery |
Brown 30 |
Flook |
Hubbard |
Hughes |
Johnson |
Kratky |
LeVota |
McGhee |
Pearce |
Robinson |
Sander |
Storch |
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Representative Talboy offered House Amendment No. 2.
House Amendment No. 2
AMEND House Joint Resolution No. 7, Section 34, Page 1, Line 2, by inserting the following at the end of said line:
"This section shall not prohibit the teaching of foreign languages in public schools."; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Representative Skaggs offered House Amendment No. 1 to House Amendment No. 2.
Representative Jones (89) raised a point of order that House Amendment No. 1 to House Amendment No. 2 goes beyond the scope of the underlying amendment.
Representative Stevenson requested a parliamentary ruling.
The Parliamentary Committee ruled the point of order well taken.
HJR 7, with House Amendment No. 2, pending, was laid over.
REFERRAL OF HOUSE BILL
The following House Bill was referred to the Committee indicated:
HCS HBs 444, 217, 225, 239, 243, 297, 402 & 172 - Fiscal Review (Fiscal Note)
RE-REFERRAL OF HOUSE BILL
The following House Bill was re-referred to the Committee indicated:
HB 103 - Local Government
COMMITTEE REPORTS
Committee on Elementary and Secondary Education, Chairman Cunningham (86) reporting:
Mr. Speaker: Your Committee on Elementary and Secondary Education, to which was referred HB 264, 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 Committee on Elementary and Secondary Education, to which was referred HB 265, begs leave to report it has examined the same and recommends that it Do Pass - Federal Mandate, and pursuant to Rule 25(21)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Elementary and Secondary Education, to which was referred HB 267, begs leave to report it has examined the same and recommends that it Do Pass - Federal Mandate, and pursuant to Rule 25(21)(f) be referred to the Committee on Rules.
Special Committee on Rural Community Development, Chairman Wilson (119) reporting:
Mr. Speaker: Your Special Committee on Rural Community Development, to which was referred HB 74, 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.
INTRODUCTION OF HOUSE BILLS
The following House Bills were read the first time and copies ordered printed:
HB 897, introduced by Representatives Harris (110), Harris (23), Baker (25), Rucker, Wildberger, Fallert, Shively and Hodges, relating to health rules for counties.
HB 898, introduced by Representative Bringer, relating to background checks for teachers.
HB 899, introduced by Representatives Wilson (119), Wilson (130), Wells, Wood, Fisher, Franz, Schad, Whorton and McGhee, relating to county treasurers.
HB 900, introduced by Representatives Kuessner, Harris (110), Meadows, Wildberger, Swinger, Oxford, Roorda, Whorton and Young, relating to medical malpractice insurance.
HB 901, introduced by Representative Sutherland, relating to the large carnivore act.
HB 902, introduced by Representative Stevenson, relating to merchandising practices.
HB 903, introduced by Representative Stevenson, relating to product seller liability.
HB 904, introduced by Representative Stevenson, relating to merchandising practices.
HB 905, introduced by Representative Stevenson, relating to the regulation and licensing of the practice of naturopathic medicine.
HB 906, introduced by Representatives Cooper (120), Bearden and Dempsey, relating to the mixing of motor fuels.
HB 907, introduced by Representative Aull, relating to school funding.
HB 908, introduced by Representatives Wasson and Parson, relating to the tobacco master settlement agreement.
HB 909, introduced by Representatives Harris (23), Meadows, Harris (110), Fallert, Lampe, Wildberger, Lowe (44) and Holsman, relating to concentrated animal feeding operations.
HB 910, introduced by Representatives Fares, Pearce, Villa, Bivins, May, Marsh, Scharnhorst, Wallace, Kingery, Schlottach, Quinn (7), Day, Wasson, Walton, Jones (117) and Sutherland, relating to the official state mushroom.
HB 911, introduced by Representatives Rucker, Sater, Wildberger, Kuessner, Aull, Bland and Hoskins, relating to elections in villages.
COMMITTEE CHANGES
The Speaker submitted the following Committee changes:
Representative Tim Meadows is no longer a member of the Special Committee on Rural Community Development.
Representative Luke Scavuzzo has been appointed a member of the Special Committee on Rural Community Development.
The following member's presence was noted: McGhee.
ADJOURNMENT
On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Tuesday, February 20, 2007.
COMMITTEE MEETINGS
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
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
Wednesday, February 21, 2007, 12:00 p.m. Hearing Room 3.
Office of Administration, State wide real estate, Department of Revenue,
Office of Public Defender, and Judiciary.
APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES
Thursday, February 22, 2007, 8:00 a.m. Hearing Room 5.
Continuation of budget review from Departments of Mental Health,
Health and Senior Services, and Social Services.
Committee will reconvene 30 minutes after adjournment and continue until
department presentation is completed.
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.
APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT
Wednesday, February 21, 2007, 2:00 p.m. Hearing Room 7.
Department budgets for Economic Development; Labor and Industrial Relations; Insurance,
Financial Institutions and Professional Registration; and Transportation.
Executive session may be included.
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, HCR 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 6.
Executive session may follow. AMENDED
Public hearings to be held on: HB 42, HB 331, HB 333, HB 113
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
INSURANCE POLICY
Wednesday, February 21, 2007, 12:30 p.m. Hearing Room 6.
Executive session may follow.
Public hearings to be held on: HB 121, HB 790, HB 407
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.
JUDICIARY
Tuesday, February 20, 2007, 12:00 p.m. Hearing Room 1.
Executive session will follow.
Public hearings to be held on: HB 122, HB 197, HB 431
LOCAL GOVERNMENT
Tuesday, February 20, 2007, 8:00 a.m. Hearing Room 6.
Executive session may follow
Public hearings to be held on: HB 199, HB 251, HB 271, HB 278, HB 296, HB 303
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 GENERAL LAWS
Wednesday, February 21, 2007, 5:00 p.m. Hearing Room 7.
Executive session may follow.
Public hearings to be held on: HB 396, HB 774, HB 699
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 HOMELAND SECURITY
Wednesday, February 21, 2007, 12:00 p.m. Hearing Room 1.
Executive session will follow.
Public hearing to be held on: HB 482
SPECIAL COMMITTEE ON JOB CREATION AND ECONOMIC DEVELOPMENT
Wednesday, February 21, 2007, 8:00 a.m. Hearing Room 7.
Executive session may follow.
Public hearings to be held on: HCR 17, HB 448
SPECIAL COMMITTEE ON STATE PARKS AND WATERWAYS
Thursday, February 22, 2007, 8:00 a.m. Hearing Room 4.
Executive session may follow.
Public hearings to be held on: HB 354, HB 752
SPECIAL COMMITTEE ON STUDENT ACHIEVEMENT
Wednesday, February 21, 2007, 8:00 a.m. Hearing Room 6.
Executive session may follow.
Public hearing to be held on: HB 827
SPECIAL COMMITTEE ON TOURISM
Thursday, February 22, 2007, 9:00 a.m. House Lounge.
Tourism Commission annual report.
Joint meeting with the Senate and House Tourism Committees and Tourism Commission.
Executive session may or may not follow.
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-SEVENTH DAY, TUESDAY, FEBRUARY 20, 2007
HOUSE BILLS FOR SECOND READING
HB 897 through HB 911
HOUSE JOINT RESOLUTIONS FOR PERFECTION
1 HCS HJR 1 - Cunningham (86)
2 HJR 7, HA 2, pending - Nieves
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 BILL FOR PERFECTION - CONSENT
(2/19/07)
HB 205 - Marsh
HOUSE BILL FOR THIRD READING - APPROPRIATIONS
HCS HB 14 - Icet
HOUSE BILL FOR THIRD READING
HCS HB 444, 217, 225, 239, 243, 297, 402 & 172, (Fiscal Review 2-19-07) - Jetton
HOUSE BILL FOR THIRD READING - CONSENT
HB 70 - Day
HOUSE CONCURRENT RESOLUTION
HCR 15, (2-15-07, Page 396) - Threlkeld