Journal of the House


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

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

NOES: 004

 

 

 

 

 

 

 

 

 

Low 39

Lowe 44

Nasheed

Vogt

 

 

 

 

 

 

PRESENT: 002

 

 

 

 

 

 

 

 

 

Curls

Oxford

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 014

 

 

 

 

 

 

Avery

Bland

Brown 30

Flook

Hubbard

Hughes

Johnson

Kelly

Kratky

LeVota

McGhee

Pearce

Robinson

Storch

 


            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

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

NOES: 098

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 013

 

 

 

 

 

 

Avery

Brown 30

Flook

Hubbard

Hughes

Johnson

Kratky

LeVota

McGhee

Pearce

Robinson

Sander

Storch

 

 


            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