Journal of the House

First Regular Session, 94th General Assembly

FORTY-SIXTH DAY, Wednesday, March 28, 2007

The House met pursuant to adjournment.

            Speaker Jetton in the Chair.

            Prayer by Representative Brian Baker.

              Our Heavenly Father,

              We give You praise and glory for the great and awesome God that You are. We are ever thankful for the grace and mercy You extend to us.

              May we be ever mindful of the blessings You provide and may we be good stewards of that which You provide for us.

              Lord, You have shown favor to our state. You have restored our prosperity and have provided hope for the future. May we never forget You are our salvation!

              As we debate and discuss the issues of our day, let us remember we are all equal in Your eyes. Help us to remember that while we may disagree...we can work together for our fellow man. Let us remember that we are brothers and sisters in Your love.

              Lord, we come with two special requests this morning.

              First, please be with our special friend and colleague Jason Brown and all of our armed forces and those who fight for us in foreign lands. Be with them as they sleep in sand and dust...as they protect the innocent and defeat those who seek to do harm. May Your will be done in their lives.

              Second, please be with the Limbach family and Megan Limbach during this difficult time of tragedy. We know that her three precious children...her three daughters are now in Your arms and under Your care. We can never pretend to understand Your will, but we know that these three little girls are now in a far better place and have no pain and no suffering. We ask of You...please give Megan and the Limbach family healing and a peace that passes all understanding.

              Now as we begin our work...show us Your faithful love. Let us listen to Your Spirit. Let us remember You in our discourse. Let us remember that outside these four walls...real life is taking place and that You are watching over us.

              How wonderful is Your name, O Lord.

              We pray these things in Jesus' name. 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: Dakota McCaine, Paola Osorio, Cristian Ochoa, Kaitlyn Scott, Malinda Rinne, Kyle Brumfield and Kendra Brumfield.

            Representative Sutherland assumed the Chair.

            The Journal of the forty-fifth day was approved as printed by the following vote:

SECOND READING OF HOUSE JOINT RESOLUTION

            HJR 30 was read the second time.

SECOND READING OF HOUSE BILLS

            HB 1166 through HB 1189 were read the second time.

PERFECTION OF HOUSE BILLS

            HCS HB 245, relating to commercial driver’s license tests, was taken up by Representative St. Onge.

            Representative Daus offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 245, Page 2, Section 302.720, Lines 35 and 36, by striking the following:

              "converse with the general public,"; and

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

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

            On motion of Representative St. Onge, HCS HB 245, as amended, was adopted.

            On motion of Representative St. Onge, HCS HB 245, as amended, was ordered perfected and printed.

            HB 233, relating to the practice of chiropractic, was taken up by Representative Tilley.

            On motion of Representative Tilley, HB 233 was ordered perfected and printed.

            HB 482, relating to counterfeiting, was taken up by Representative Walton.

            On motion of Representative Walton, HB 482 was ordered perfected and printed.

PERFECTION OF HOUSE BILLS - APPROPRIATIONS

            HCS HB 4, as amended, relating to appropriations, was taken up by Representative Icet.

            Speaker Jetton resumed the Chair.

            Representative Harris (23) offered House Amendment No. 3.

            Representative Jones (89) raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.

            The Chair ruled the point of order well taken.

            Representative Bruns offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill No. 4, Page 14, Section 4.305, Line 4, by deleting “6,300,000" and inserting “5,660,000"; and

              Adjusting section and bill totals accordingly.

            Representative Hobbs assumed the Chair.

            On motion of Representative Bruns, House Amendment No. 4 was adopted.

            HCS HB 4, as amended, was laid over.

            HCS HB 3, relating to appropriations, was taken up by Representative Icet.

            Representative Bruns offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 3, Page 6, Section 3.135, Line 8, by inserting immediately thereafter one new section to read as follows:

              “Section 3.137. To Lincoln University

              For the purpose of drawing down Federal land grant matching funds

              From General Revenue Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $640,000"; and

              Amend bill totals accordingly.

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

            HCS HB 3, as amended, was laid over.

            HCS HB 4, as amended, relating to appropriations, was again taken up by Representative Icet.

            Representative Storch offered House Amendment No. 5.

House Amendment No. 5

AMEND House Committee Substitute for House Bill No. 4, Page 1, Section 4.005, Line 3, by deleting the number "43,077,617" and inserting "42,827,617"; and

              Adjust section and bill totals accordingly.

            On motion of Representative Storch, House Amendment No. 5 was adopted.

            HCS HB 4, as amended, was laid over.

            HCS HB 11, relating to appropriations, was taken up by Representative Icet.

            Representative Storch offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 11, Page 13, Section 11.235, Line 6, by adding immediately after the word "Division" the following:

              "through home visitation programs for at-risk infants"; and

              Further amend said section, Line 7, by deleting the number "1,600,000" and inserting "1,850,000"; and

              Adjust bill totals accordingly.

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

            HCS HB 11, as amended, was laid over.

            HCS HB 4, as amended, relating to appropriations, was again taken up by Representative Icet.

            HCS HB 4, as amended, was laid over.

            On motion of Representative Dempsey, the House recessed until 1:00 p.m.

AFTERNOON SESSION

            The hour of recess having expired, the House was called to order by Speaker Jetton.

PERFECTION OF HOUSE BILLS - APPROPRIATIONS

            HCS HB 4, as amended, relating to appropriations, was again taken up by Representative Icet.

            Representative Dethrow offered House Amendment No. 6.

House Amendment No. 6

AMEND House Committee Substitute for House Bill No. 4, Page 14, Section 4.305, Line 4, by deleting “6,300,000" and inserting “1,040,000"; and

              Adjusting section and bill totals accordingly.

            On motion of Representative Dethrow, House Amendment No. 6 was adopted.

            HCS HB 4, as amended, was laid over.

            HCS HB 2, as amended, relating to appropriations, was taken up by Representative Icet.

            Representative Dethrow offered House Amendment No. 8.

House Amendment No. 8

AMEND House Committee Substitute for House Bill No. 2, Page 2, Section 2.015, Line 7, by deleting the number “167,667,713" and inserting “172,927,713"; and

              Further amend said section, Line 16, by deleting “2,222,350,280" and inserting “2,227,610,280"; and

              Further amend said bill, Page 12, Section 2.295, Line 4, by deleting “2,033,747,289" and inserting “2,039,007,289"; and

              Further amend by adjusting section and bill totals accordingly.

            Representative Muschany assumed the Chair.

            Representative Dempsey moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Dethrow, House Amendment No. 8 was adopted by the following vote:

            HCS HB 2, as amended, was laid over.

            HCS HB 5, relating to appropriations, was taken up by Representative Icet.

            Representative Lembke offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 5, Page 6, Section 5.115, Line 6, by inserting immediately thereafter the following:

              "From Office of Administration Revolving Administrative Trust Fund. . . . . . . . . . . . . . . . .$1,200,000"; and

              Amend section and bill totals accordingly.

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

            Representative Cooper (158) offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 5, Page 17, Section 5.505, Line 5, by deleting the number “$240,757,186" and inserting “$239,257,186"; and

              Adjust section and bill totals accordingly.

            On motion of Representative Cooper (158), House Amendment No. 2 was adopted.

            HCS HB 5, as amended, was laid over.

            HCS HB 11, as amended, relating to appropriations, was again taken up by Representative Icet.

            Representative Cooper (158) offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 11, Page 13, Section 11.240, Line 10, by deleting the number "55,078,325" and inserting "56,578,325"; and

              Further amend said section, Line 11, by deleting "59,405,578" and inserting "62,451,033"; and

              Adjust section and bill totals.

            On motion of Representative Cooper (158), House Amendment No. 2 was adopted.

            HCS HB 11, as amended, was laid over.

            HCS HB 5, as amended, relating to appropriations, was again taken up by Representative Icet.

            Representative Portwood offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 5, Page 17, Section 5.505, Line 5, by deleting the number "240,757,186" and inserting "235,322,896"; and

              Further amend said page, Section 5.510, Line 5, by deleting the number "376,907,771" and inserting "371,473,481"; and

              Adjust section and bill totals accordingly.

            On motion of Representative Portwood, House Amendment No. 3 was adopted.

            HCS HB 5, as amended, was laid over.

            HCS HB 10, as amended, relating to appropriations, was taken up by Representative Icet.

            Representative Portwood offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 10, Page 9, Section 10.210, Line 15, by deleting the number "78,148,498" and inserting "83,582,788"; and

              Further amend said section, Line 16, by deleting the number "76,360,783" and inserting "79,347,343"; and

              Adjust section and bill totals accordingly.

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

            HCS HB 10, as amended, was laid over.

            HCS HB 5, as amended, relating to appropriations, was again taken up by Representative Icet.

            Representative McClanahan offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill No. 5, Page 17, Section 5.505, Line 5, by deleting the number "240,757,186" and inserting "236,857,186"; and

              Further amend said page, Section 5.510, Line 5, by deleting the number "376,907,771" and inserting "373,007,771"; and

              Adjust section and bill totals accordingly.

            Representative McClanahan moved that House Amendment No. 4 be adopted.

            Which motion was defeated by the following vote:

            Representative McClanahan offered House Amendment No. 5.

House Amendment No. 5

AMEND House Committee Substitute for House Bill No. 5, Page 2, Section 5.030, Line 5, by deleting the number "30,005,000" and inserting "27,772,636"; and

              Adjust section and bill totals accordingly.

            Representative McClanahan moved that House Amendment No. 5 be adopted.

            Which motion was defeated by the following vote:

            Representative Donnelly offered House Amendment No. 6.

House Amendment No. 6

AMEND House Committee Substitute for House Bill No. 5, Page 7, Section 5.130, Line 6, by inserting after the "thereof" on said line, the following:

              "; all such claims against any or all liability of the state of Missouri or any agency, officer, or employee thereof shall be paid from this fund.".

            Representative Donnelly moved that House Amendment No. 6 be adopted.

            Which motion was defeated by the following vote:

            HCS HB 5, as amended, was laid over.

            Speaker Jetton resumed the Chair.

            HCS HB 6, relating to appropriations, was taken up by Representative Icet.

            Representative Burnett offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 6, Page 1, Section 6.005, Line 5, by deleting the number “$1,073,889" and inserting “$936,503"; and

              Further amend said section, Page 2, Line 18, by deleting “22.00" and inserting “20.00"; and

              Adjust section and bill totals accordingly.

            Representative Lembke assumed the Chair.

            Representative Burnett moved that House Amendment No. 1 be adopted.

            Which motion was defeated by the following vote:

            Representative Cooper (120) assumed the Chair.

            Representative Skaggs offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 6, Page 3, Section 6.025, Line 6, by deleting the number “$1,234,988" and inserting “$1,219,788"; and

              Adjust bill section and bill totals accordingly.

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

            Which motion was defeated by the following vote: