Journal of the House

First Regular Session, 94th General Assembly

TWENTY-NINTH DAY, Thursday, February 22, 2007

The House met pursuant to adjournment.

            Speaker Jetton in the Chair.

            Prayer by Archbishop Malkhaz Songulashvili, Evangelical Baptist Union of Georgia.

              O God Almighty, lead us all from death to life, from falsehood to truth. Lead us all from despair to hope, from fear to trust. Lead us all from hate to love, from war to peace.

              We pray to You, O Lord, that Your holy angels may lead us in the paths of peace, justice and goodwill; that there may be pardon and forgiveness for our sins against nature and our fellow human beings.

              We pray that there may be peace everywhere around the globe, and that all of Your children enjoy the beauty and wisdom of Your creation. 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: Clayton Weems, Rachel Bigham, Cedar Willis, Acacia Willis, Jenna Clark, Sarah Clark, Luke Clark, Grace Clark, Dale Johnston, Rachel Johnston and Christine Tew.

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

SPECIAL RECOGNITION

            Representative Ward Franz was presented a resolution by Speaker Jetton and recognized as an Outstanding Missourian.

            Representative Pratt assumed the Chair.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 718 through House Resolution No. 752

HOUSE CONCURRENT RESOLUTIONS

            Representative Guest, et al., offered House Concurrent Resolution No. 33.

            Representative Oxford, et al., offered House Concurrent Resolution No. 34.

SECOND READING OF HOUSE BILLS

            HB 926 through HB 942 were read the second time.

SECOND READING OF SENATE BILL

            SS SCS SB 284 was read the second time.

PERFECTION OF HOUSE BILLS

            HB 262 was placed on the Informal Calendar.

            HCS HB 369 was placed on the Informal Calendar.

            HB 808, relating to the Betty L. Thompson Scholarship Program, was taken up by Representative Bearden.

            HB 808 was laid over.

THIRD READING OF HOUSE BILL - APPROPRIATIONS

            HCS HB 14, relating to appropriations, was taken up by Representative Icet.

            On motion of Representative Icet, HCS HB 14 was read the third time and passed by the following vote:

            Representative Pratt declared the bill passed.

THIRD READING OF HOUSE BILLS

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

            On motion of Representative Jetton, HCS HBs 444, 217, 225, 239, 243, 297, 402 & 172 was read the third time and passed by the following vote:

            Representative Pratt declared the bill passed.

            Speaker Jetton resumed the Chair.

            HCS HB 327, relating to job development, was taken up by Representative Richard.

            On motion of Representative Richard, HCS HB 327 was read the third time and passed by the following vote:

            Speaker Jetton declared the bill passed.

            Representative Pearce assumed the Chair.

THIRD READING OF HOUSE JOINT RESOLUTION

            HCS HJR 1, relating to state court jurisdiction, was taken up by Representative Cunningham (86).

            Representative Dempsey moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Cunningham (86), HCS HJR 1 was read the third time and passed by the following vote:

            Representative Pearce declared the bill passed.

PERFECTION OF HOUSE JOINT RESOLUTION

            HJR 7, with House Substitute Amendment No. 1 for House Amendment No. 2, and House Amendment No. 2, pending, relating to the language of official proceedings, was taken up by Representative Nieves.

            Representative Talboy offered House Amendment No. 2 to House Substitute Amendment No. 1 for House Amendment No. 2.

House Amendment No. 2

to

House Substitute Amendment No. 1

for

House Amendment No. 2

AMEND House Substitute Amendment No.1 for House Amendment No. 2 to House Joint Resolution No. 7, Page 1, Lines 2-3, by deleting all of said lines and inserting in lieu thereof the following:

              'the end of said line: "Official proceeding shall be limited to any meeting of a public governmental body at which any public business is discussed, decided, or public policy formulated, whether such meeting is conducted in person or by means of communication equipment, including, but not limited to, conference call, video conference, Internet chat, or Internet message board. The term "public meeting" shall not include an informal gathering of members of a public governmental body for ministerial or social purposes when there is no intent to avoid the purposes of this chapter, but the term shall include a public vote of all or a majority of the members of a public governmental body, by electronic communication or any other means, conducted in lieu of holding a public meeting with the members of the public governmental body gathered at one location in order to conduct public business." '; and

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

            Speaker Pro Tem Bearden assumed the Chair.

            On motion of Representative Talboy, House Amendment No. 2 to House Subsitute Amendment No. 1 for House Amendment No. 2 was adopted.

            On motion of Representative Muschany, House Substitute Amendment No. 1 for House Amendment No. 2, as amended, was adopted.

            Representative Skaggs offered House Amendment No. 3.

House Amendment No. 3

AMEND House Joint Resolution No. 7, in the Elections Clause, Page 1, Line 1, by deleting the word "general" and inserting in lieu thereof "primary"; and

              Further amend said clause and page, Line 2, by deleting all of said line and inserting in lieu thereof the following:

              "following the first Monday in August, 2008,"; and

              Further amend said clause and page, Line 3, by deleting "governor for that purpose,"; and

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

            Representative Darrough offered House Amendment No. 1 to House Amendment No. 3.

House Amendment No. 1

to

House Amendment No. 3

AMEND House Amendment No. 3 to House Joint Resolution No. 7, in the Elections Clause, Page 1, Line 1, by deleting the word "general"; and

              Further amend said clause and page, Line 2, by deleting all of said line and inserting in lieu thereof the following:

              "following the first Monday in February, 2008,"; and

              Further amend said clause and page, Line 3, by deleting "governor for that purpose,"; and

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

            Representative Darrough moved that House Amendment No. 1 to House Amendment No. 3 be adopted.

            Which motion was defeated.

            Representative Skaggs moved that House Amendment No. 3 be adopted.

            Which motion was defeated by the following vote:

            Representative Dempsey moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Nieves, HJR 7, as amended, was ordered perfected and printed by the following vote:

REFERRAL OF HOUSE CONCURRENT RESOLUTION

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

HCR 30 - Rules

REFERRAL OF HOUSE BILLS

            The following House Bills were referred to the Committee indicated:

HB 47 - Special Committee on Utilities

HB 87 - Special Committee on Tax Reform

HB 112 - Special Committee on Utilities

HB 162 - Local Government

HB 317 - Crime Prevention and Public Safety

HB 335 - Crime Prevention and Public Safety

HB 406 - Crime Prevention and Public Safety

HB 503 - Special Committee on Professional Registration and Licensing

HB 511 - Transportation

HB 586 - Special Committee on Professional Registration and Licensing

HB 603 - Local Government

HB 622 - Transportation

HB 632 - Corrections and Public Institutions

HB 634 - Crime Prevention and Public Safety

HB 640 - Special Committee on General Laws

HB 641 - Special Committee on Government Affairs

HB 650 - Special Committee on Health Insurance

HB 654 - Special Committee on Veterans

HB 657 - Special Committee on Professional Registration and Licensing

HB 661 - Special Committee on Retirement

HB 687 - Crime Prevention and Public Safety

HB 688 - Special Committee on Rural Community Development

HB 701 - Local Government

HB 703 - Crime Prevention and Public Safety

HB 704 - Crime Prevention and Public Safety

HB 723 - Health Care Policy

HB 725 - Special Committee on Rural Community Development

HB 735 - Special Committee on Government Affairs

HB 742 - Judiciary

HB 744 - Transportation

HB 746 - Special Committee on Retirement

HB 748 - Special Committee on Agri-Business

HB 753 - Special Committee on Professional Registration and Licensing

HB 795 - Special Committee on Job Creation and Economic Development

HB 796 - Special Committee on Senior Citizen Advocacy

HB 801 - Special Committee on Utilities

HB 807 - Special Committee on Student Achievement

HB 810 - Special Committee on Energy and Environment

HB 815 - Special Committee on Professional Registration and Licensing

HB 835 - Special Committee on Professional Registration and Licensing

HB 845 - Special Committee on General Laws

HB 847 - Judiciary

HB 849 - Crime Prevention and Public Safety

HB 850 - Special Committee on Government Affairs

HB 852 - Judiciary

HB 853 - Judiciary

HB 856 - Special Committee on Retirement

HB 865 - Special Committee on Family Services

HB 875 - Special Committee on Retirement

HB 892 - Special Committee on Veterans

HB 893 - Crime Prevention and Public Safety

HB 894 - Elections

HB 906 - Special Committee on Energy and Environment

HB 914 - Special Committee on Professional Registration and Licensing

HB 915 - Special Committee on Veterans

HB 916 - Special Committee on Veterans

HB 919 - Local Government

HB 921 - Ways and Means

HB 930 - Judiciary

REFERRAL OF SENATE BILL

            The following Senate Bill was referred to the Committee indicated:

SS SCS SB 284 - Special Committee on Utilities

COMMITTEE REPORTS

            Special Committee on Energy and Environment, Chairman Bivins reporting:

            Mr. Speaker: Your Special Committee on Energy and Environment, to which was referred HB 28, 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 General Laws, Chairman Tilley reporting:

            Mr. Speaker: Your Special Committee on General Laws, to which was referred HB 426, 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 Homeland Security, Chairman Dusenberg reporting:

            Mr. Speaker: Your Special Committee on Homeland Security, to which was referred HB 155, 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 JOINT RESOLUTION

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

HJR 23, introduced by Representative Lembke, relating to human cloning.

INTRODUCTION OF HOUSE BILLS

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

HB 943, introduced by Representative Sutherland, relating to licensure of long-term care facilities.

HB 944, introduced by Representative Cooper (120), relating to the shipping of liquor.

HB 945, introduced by Representatives Parson, Day, Portwood, Bivins, Meadows, Wilson (119), McGhee, Jones (117) and Schad, relating to crimes against criminal justice officials and corrections personnel.

HB 946, introduced by Representatives Walsh, Wildberger, Roorda, Meiners, Zweifel, Liese, Donnelly, Meadows, Wallace, Kratky, Page, Spreng, Vogt, Harris (110), Frame, Chappelle-Nadal, Lowe (44), Norr, George, Bowman, Daus, Villa and Schoemehl, relating to electrical corporations.

HB 947, introduced by Representatives Walsh, Wildberger, Vogt, Harris (110), Frame, Nasheed, Chappelle-Nadal, Lowe (44), Schieffer, Norr, Fallert, George, Lampe, Bowman, Meiners, Daus, Villa, Spreng, Haywood, Aull, Young, Schoemehl, Donnelly, Oxford, Meadows, Corcoran, Fisher, Casey, Wright-Jones and Johnson, relating to private mental health facilities and group homes.

HB 948, introduced by Representative Schaaf, relating to newborn screening.

HB 949, introduced by Representative Schlottach, relating to state officers' and state employees' retirement system.

HB 950, introduced by Representative Schlottach, relating to the Missouri department of transportation and highway retirement system.

HB 951, introduced by Representatives Faith and Schoemehl, relating to early intervention services.

HB 952, introduced by Representatives Wilson (130), Dempsey, Nance, Schad, Franz, Denison, Day, Nolte, Kingery, Wilson (119), Bruns, Sater, Ruestman, Page, Corcoran, Bivins, Chappelle-Nadal and Norr, relating to fire protection in long-term care facilities.

HB 953, introduced by Representatives Page, Wasson, Donnelly, Low (39), Parson, Kratky, Chappelle-Nadal, Holsman, Storch and Yaeger, relating to licensing of social workers.

HB 954, introduced by Representative Franz, relating to the placement of children.

HB 955, introduced by Representatives Guest, Ruestman, Wallace and McGhee, relating to the work for restitution program.

HB 956, introduced by Representatives Cooper (155), Bruns, Schaaf, Threlkeld and Sater, relating to public health emergency preparedness.

HB 957, introduced by Representative Cooper (155), relating to the brain injury advisory council.

HB 958, introduced by Representative Wood, relating to transient guest taxes.

HB 959, introduced by Representatives Oxford, Chappelle-Nadal, Johnson, Hoskins, El-Amin, Brown (50), Roorda, Meadows, Bowman, Young, Low (39), Talboy, Walsh, Nasheed, Daus, Holsman, Rucker, Bland, Curls and Wright-Jones, relating to provision of heat-related utility services to low-income persons.

HB 960, introduced by Representatives Cox, Bruns, Onder, Davis, Kraus, Smith (150), Schoeller, Wright, Grisamore, Cunningham (145), Nieves and Ruestman, relating to Internet sex crimes against children.

HB 961, introduced by Representatives Cox, Bruns, Davis, Kraus, Smith (150), Schoeller, Wright, Grisamore, Cunningham (145), Nieves and Ruestman, relating to child pornography.

HB 962, introduced by Representative Davis, relating to permits to acquire concealable firearms.

HB 963, introduced by Representatives Storch, Harris (23), Kuessner, Burnett, Wildberger, Oxford, Baker (25) and Frame, relating to crime of bribery of a public servant.

HB 964, introduced by Representatives Donnelly, Baker (25), Walsh, LeVota, Wright-Jones, Harris (23), McClanahan, Yaeger, Harris (110), Talboy, Storch, Lampe, Norr, Scavuzzo, Robinson, Fallert, Chappelle-Nadal, Zimmerman, Curls, Schoemehl, Daus, Johnson, Rucker, Darrough, Nasheed, Zweifel, Corcoran, Aull, Lowe (44), Shively, Villa, Witte and Swinger, relating to a mental health pilot project.

HB 965, introduced by Representatives Donnelly, Zweifel, Low (39), Page, Yaeger, Baker (25), Hodges, Daus, Corcoran, LeVota, Walsh, Oxford, Storch, Meadows, Meiners, Wright-Jones, Harris (23), McClanahan, Talboy, Grill, Lampe, Norr, Scavuzzo, Holsman, Fallert, Robinson, Chappelle-Nadal, Zimmerman, Curls, Schoemehl, Johnson, Burnett, Rucker, Darrough, Nasheed, Aull, Bowman, Lowe (44), Shively, Liese, Casey, Quinn (9), Villa, Witte, Swinger, Young and Bland, relating to the preschool plus grant program.

HB 966, introduced by Representatives Hunter, Wilson (130), Ruestman, Sater, Quinn (7), Bivins and Wallace, relating to cease and desist order by the department of natural resources.

HB 967, introduced by Representatives Bivins, Lembke, Dixon, Munzlinger, Guest and Wallace, relating to minutes of public governmental body meetings.

HB 968, introduced by Representatives Bivins, Moore and Munzlinger, relating to environmental audits.

MESSAGES FROM THE SENATE

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 127, entitled:

            An act to repeal section 104.040, RSMo, and to enact in lieu thereof one new section relating to the highway patrol retirement system.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 198, entitled:

            An act to repeal section 253.095, RSMo, and to enact in lieu thereof one new section relating to park services.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 264, entitled:

            An act to repeal section 235.210, RSMo, and to enact in lieu thereof one new section relating to street light maintenance.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 288, entitled:

            An act to authorize the conveyance of certain state properties, with an emergency clause.

            Emergency clause adopted.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 298, entitled:

            An act to repeal section 206.090, RSMo, and to enact in lieu thereof one new section relating to hospital districts.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 322, entitled:

            An act to repeal section 304.190, RSMo, and to enact in lieu thereof one new section relating to commercial zones.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 339, entitled:

            An act to repeal section 290.250, RSMo, and to enact in lieu thereof eight new sections relating to public contracts, with penalty provisions.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 401, entitled:

            An act to repeal sections 104.344 and 104.1090, RSMo, and to enact in lieu thereof three new sections relating to purchase of creditable prior service by members of the Missouri state employees' retirement system and the Missouri department of transportation and highway patrol employees' retirement system.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 402, entitled:

            An act to repeal sections 104.395, 104.1012, 104.1015, 104.1024, 104.1027, and 104.1072, RSMo, and to enact in lieu thereof six new sections relating to retirement plan election options.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 403, entitled:

            An act to repeal sections 104.312 and 104.1051, RSMo, and to enact in lieu thereof two new sections relating to orders for division of benefits under the Missouri state employees' retirement system.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 404, entitled: