Journal of the House


First Regular Session, 94th General Assembly




FORTY-EIGHTH DAY, Friday, March 30, 2007

The House met pursuant to adjournment.


            Representative Deeken in the Chair.


            Prayer by David Willis, Intern for Speaker Rod Jetton.


              Thank You God for another wonderful day, and thank You for the grace and mercy that You have given us. Thank You for the wonderful weather we have been having this week and thank You for the rain that we are receiving.


              I pray for our legislators, Lord, give them the strength they need to represent their constituents and make the right decisions to the best of their ability, with Your help, God.


              Give us the strength for another day, Lord. In Jesus' name I pray. Amen.


            The Pledge of Allegiance to the flag was recited.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 1629 and House Resolution No. 1630


HOUSE CONCURRENT RESOLUTIONS


            Representative Walton offered House Concurrent Resolution No. 52.

            Representative Lampe, et al., offered House Concurrent Resolution No. 53.


SECOND READING OF HOUSE CONCURRENT RESOLUTION


            HCR 49 was read the second time.


SECOND READING OF HOUSE JOINT RESOLUTIONS


            HJR 31 through HJR 36 were read the second time.


SECOND READING OF HOUSE BILLS


            HB 1206 through HB 1277 were read the second time.




SECOND READING OF SENATE JOINT RESOLUTION


            SJR 8 was read the second time.


SECOND READING OF SENATE BILLS


            SS SCS SB 3, SCS SBs 45 & 39, SCS SB 66, SCS SB 82, SS SB 112, SCS SB 137, SB 140, SS SCS SBs 239, 24 & 445, SCS SB 302, SB 306, SS SCS SB 320, SCS SB 328, SB 338, SCS SB 393, SB 398, SS SB 417, SB 419, SCS SB 477, SB 481, SB 513, SCS SB 520, SCS SB 530, SB 582, SS SCS SB 591, SB 593, SB 605, SCS SB 638, SB 648 and SB 666 were read the second time.


COMMITTEE REPORTS


            Special Committee on Immigration, Chairman Nolte reporting:


            Mr. Speaker: Your Special Committee on Immigration, to which was referred HCR 33, 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.


HOUSE CONCURRENT RESOLUTION NO. 33


              WHEREAS, President George W. Bush established the Security and Prosperity Partnership (SPP) of North America, with the nations of Mexico and Canada on March 23, 2005; and


              WHEREAS, a television reporter asked President Bush on March 23, 2005, whether in light of the European Union the SPP was a step towards continental integration and he responded, "...So that the vision that you asked about in your question as to what kind of union might there be, I see one based upon free trade, that would then entail commitment to markets and democracy, transparency, rule of law..."; and


              WHEREAS, the gradual creation of such a North American Union from a merger of the United States, Mexico, and Canada would be a direct threat to the Constitution and national independence of the United States, and imply an eventual end to national borders within North America; and


              WHEREAS, a White House news release confirmed the continuing existence of the SPP and its "ongoing process of cooperation" on March 31, 2006; and


              WHEREAS, Congressman Ron Paul has written that a key to the SPP plan is an extensive new NAFTA superhighway: "[U]nder this new 'partnership', a massive highway is being planned to stretch from Canada into Mexico, through the State of Texas"; and


              WHEREAS, this trilateral partnership to develop a North American Union has never been presented to Congress as an agreement or treaty, and has had virtually no congressional oversight; and


              WHEREAS, state and local governments throughout the United States would be negatively impacted by the SPP/North American Union process, such as the "open borders" vision of the SPP, eminent domain takings of private property along the planned superhighways, and increased law enforcement problems along those same superhighways:


              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 urge the Congress of the United States to use all of its efforts, energies, and diligence to withdraw the United States from any further participation in the Security and Prosperity Partnership of North America and any other bilateral or multilateral activity however named which seeks to advance, authorize, fund, or in any way promote the creation of any structure to accomplish any form of North American Union as herein described; and


              BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for each member of the Missouri Congressional delegation.


            Mr. Speaker: Your Special Committee on Immigration, to which was referred HCS HB 85, begs leave to report it has examined the same and recommends that the House Committee Substitute No. 2 Do Pass, and pursuant to Rule 25(21)(f) be referred to the Committee on Rules.


INTRODUCTION OF HOUSE JOINT RESOLUTIONS


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


HJR 37, introduced by Representatives Baker (25), McClanahan and Lampe, relating to bonding for higher education projects.


HJR 38, introduced by Representative Yates, relating to voter identification.


INTRODUCTION OF HOUSE BILLS


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


HB 1278, introduced by Representative Cooper (158), relating to the second injury fund.


HB 1279, introduced by Representatives Avery and Portwood, relating to financial institutions.


HB 1280, introduced by Representative Hobbs, relating to the Missouri local government employees' retirement system.


HB 1281, introduced by Representatives Stream, Jetton, Stevenson, Wallace, Wilson (130), Fares, Bowman, Cox, Munzlinger, Pearce, Funderburk, Ruzicka, Jones (117), Icet, Richard, Hobbs, Guest, Moore, Tilley, Silvey, Faith, Cunningham (145), Schoeller, Smith (150), Robb, Scharnhorst, Fisher, Thomson, Cooper (158), Hubbard, Brown (50), Cunningham (86), El-Amin, Avery, Cooper (120), Grisamore, Schlottach, Threlkeld, Wasson, Weter, Bivins, Baker (123), Kraus, Pollock, Franz, Ruestman and Schad, relating to the establishment of metropolitan successor and metro school districts.


HB 1282, introduced by Representatives Scharnhorst, Avery and Bruns, relating to sales and use tax.


HB 1283, introduced by Representatives Dixon and Schoeller, relating to school board elections.


HB 1284, introduced by Representatives Dixon and Schoeller, relating to school district participation in the Baldridge continuous quality improvement program.


HB 1285, introduced by Representative Cooper (158), relating to exclusions from public records.


HB 1286, introduced by Representative Dixon, relating to the child abuse prevention task force.


HB 1287, introduced by Representative Cooper (120), relating to excursion gambling boats.


HB 1288, introduced by Representative Cooper (158), relating to collection of delinquent taxes.


HB 1289, introduced by Representative Onder, relating to controlled substances.


HB 1290, introduced by Representative Muschany, relating to the definition of health care providers for purposes of medical malpractice.


HB 1291, introduced by Representative Cooper (158), relating to political subdivision notice requirements.

 

HB 1292, introduced by Representative Corcoran, relating to tax relief requirements for corporations.


HB 1293, introduced by Representative Sander, relating to emergency services.


HB 1294, introduced by Representative Yates, relating to school food.


HB 1295, introduced by Representative Faith, relating to transit authority sales taxes.


HB 1296, introduced by Representative Richard, relating to excursion gambling boats.


HB 1297, introduced by Representative Yates, relating to peace officer's powers of arrest and fresh pursuit.


HB 1298, introduced by Representative Yates, relating to general assembly members' salaries.


            The following members' presence was noted: Bruns, Casey, Faith, Frame, Hodges, Kingery, Low (39), Nieves, Portwood, Roorda, Todd and Weter.


ADJOURNMENT


            On motion of Representative Deeken, the House adjourned until 2:00 p.m., Monday, April 2, 2007.




COMMITTEE MEETINGS


APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Wednesday, April 4, 2007, 8:00 a.m. Hearing Room 7.

Al Harper, successful owner and operator of the Durango to Silverton and

Great Smokey Mountain railroads, will discuss his successful model for

freight and tourism and how they may apply to Missouri.


BUDGET

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

Executive session may follow.

Public hearing to be held on: HJR 20


CONSERVATION AND NATURAL RESOURCES

Monday, April 2, 2007, 12:30 p.m. Hearing Room 1. CANCELLED

Executive session will be held on: HB 886, SCS SB 420


CRIME PREVENTION AND PUBLIC SAFETY

Tuesday, April 3, 2007, 12:00 p.m. Hearing Room 6.

Executive session only.


ELECTIONS

Tuesday, April 3, 2007, 8:00 a.m. Hearing Room 5.

Executive session may follow.

Public hearing to be held on: HB 1170


JOINT COMMITTEE ON EDUCATION

Tuesday, April 3, 2007, 9:00 a.m. State Capitol, Room 111.

Discussion of Job Description of Director.


JOINT COMMITTEE ON LEGISLATIVE RESEARCH, OVERSIGHT SUBCOMMITTEE

Tuesday, April 3, 2007, 12:30 p.m. Hearing Room 7.

Challenge hearing for SB 469.


JOINT COMMITTEE ON TAX POLICY

Monday, April 2, 2007, 12:00 p.m. Hearing Room 7.

Discussion on sales tax holiday and tax audits. CANCELLED


JUDICIARY

Tuesday, April 3, 2007, 12:00 p.m. Hearing Room 1.

Executive session may follow.

Public hearings to be held on: HB 504, HB 509, HB 757, HB 800




LOCAL GOVERNMENT

Tuesday, April 3, 2007, 9:00 a.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: SB 81, SB 237, SB 271


RULES

Tuesday, April 3, 2007, 8:30 a.m. Hearing Room 4.

Executive session may follow.

Public hearings to be held on: HCR 26, HCS HCR 21, HCS HJR 9, HCS HB 709,

HCS HB 478, HCS HB 995, HCS HB 252, HCS HB 417, HCS HB 121,

HCS HB 1044, HCS HB 98, HCS HB 508, HCS HB 490, HB 249, HB 821,

HB 716, HB 461


SPECIAL COMMITTEE ON HEALTHCARE FACILITIES

Monday, April 2, 2007, Hearing Room 6 upon afternoon adjournment.

Working session on Medicaid reform.

This session will focus on Medicaid for people served through

the Department of Health and Senior Services.


SPECIAL COMMITTEE ON HEALTHCARE FACILITIES

Tuesday, April 3, 2007, upon afternoon adjournment Hearing Room 6.

Working session on Medicaid reform.

This session will focus on Medicaid for people served through

the Department of Mental Health.


SPECIAL COMMITTEE ON HEALTHCARE FACILITIES

Wednesday, April 4, 2007, 12:00 p.m. To be announced.

Working session on Medicaid reform.

This session will focus on Medicaid for children and parents.


SPECIAL COMMITTEE ON RURAL COMMUNITY DEVELOPMENT

Tuesday, April 3, 2007, 8:00 a.m. Hearing Room 7.

Executive session may follow.

Public hearings to be held on: HB 363, HB 1092


SPECIAL COMMITTEE ON STATE PARKS AND WATERWAYS

Tuesday, April 3, 2007, 9:00 a.m. House Chamber south gallery.

Executive session. Reconsideration HCS HB 752.


SPECIAL COMMITTEE ON TOURISM

Wednesday, April 4, 2007, 12:00 p.m. Hearing Room 1.

Executive session may follow.

Public hearings to be held on: SB 166, SB 376




SPECIAL COMMITTEE ON URBAN ISSUES

Tuesday, April 3, 2007, 5:00 p.m. Hearing Room 7.

Committee will meet at 5:00 p.m. or upon afternoon adjournment, whichever comes first.

Executive session may follow.

Public hearing to be held on: SB 322


TRANSPORTATION

Tuesday, April 3, 2007, 8:00 a.m. Hearing Room 1.

Executive session may follow.

Work on Omnibus bill.

Public hearings to be held on: HB 646, SCS SB 91,

SCS SB 104, SB 200, SB 238, SB 240, SB 395


HOUSE CALENDAR


FORTY-NINTH DAY, MONDAY, APRIL 2, 2007


HOUSE JOINT RESOLUTIONS FOR SECOND READING


HJR 37 and HJR 38


HOUSE BILLS FOR SECOND READING


HB 1278 through HB 1298


HOUSE JOINT RESOLUTIONS FOR PERFECTION


1          HJR 21 - Cooper (120)

2          HJR 19 - Bearden


HOUSE BILLS FOR PERFECTION


1          HCS HB 61 - Ruestman

2          HCS HB 90 - St. Onge

3          HCS HB 889 - Emery

4          HCS HB 820 - Moore

5          HCS HB 111, as amended, HA 2, pending - Cunningham (145)

6          HB 213 - Cunningham (86)

7          HCS HB 448 - Spreng

8          HCS HB 466 - Schaaf

9          HCS HB 365, 804 & 805 - Ervin

10        HCS HB 182 - Bruns

11        HCS HB 338 - Tilley

12        HCS HB 827 - Muschany

13        HCS HB 771 - Bearden

14        HCS HB 180, 396 & 615 - Day

15        HCS HB 238 - Yates

16        HB 360 - Robb

17        HCS HB 788 - Cooper (155)

18        HCS HB 551 - Dempsey

19        HCS HB 218 - Stevenson

20        HB 224 - Franz

21        HCS HB 104 - Meiners

22        HB 42 - Portwood

23        HB 56 - Sater

24        HCS HB 181 - Sander

25        HB 554 - Cooper (155)

26        HCS HB 555 - Cooper (155)

27        HB 574 - St. Onge

28        HB 596 - St. Onge

29        HCS HB 811 - Schad

30        HB 412 - Emery

31        HCS HB 457 - Sutherland

32        HB 462 - Munzlinger

33        HB 215 - Stevenson

34        HB 432 - Schaaf

35        HCS HB 699 - Tilley

36        HCS HB 768 - St. Onge

37        HCS HB 795 - Flook

38        HCS HB 122 - Nance

39        HCS HB 891 - Kratky

40        HCS HB 914 - Wasson

41        HCS HB 159 - Bivins

42        HCS HB 184 - Dempsey

43        HCS HB 227 - Swinger

44        HCS HB 845 - Dixon

45        HCS HB 487 - Cooper (120)

46        HCS HB 892 - Day

47        HB 915 - Dougherty

48        HB 916 - Dougherty

49        HCS HB 945 - Parson

50        HCS HB 298 - Cooper (120)

51        HCS HB 493 - Baker (123)

52        HCS HB 512 - Pratt

53        HCS HB 261 - Yates

54        HCS HBs 619 & 118 - Aull

55        HB 746 - Franz

56        HB 791 - Wilson (130)

57        HB 882 - Page

58        HCS HB 1002 - Fisher

59        HCS HB 124 - Nance

60        HB 134 - Guest

61        HCS HB 329 - Cunningham (145)

62        HCS HB 343 - Munzlinger

63        HCS HB 497 - Sater

64        HCS HB 583 - Johnson

65        HCS HBs 654 & 938 - Day

66        HCS HB 741 - Pearce

67        HCS HB 765 - Dempsey

68        HCS HBs 807 & 690 - Baker (123)

69        HCS HB 818 - Ervin

 

HOUSE BILLS FOR PERFECTION - INFORMAL


1          HCS HB 669 - Pearce

2          HB 546 - Schaaf

3          HCS#2 HB 28 - Cunningham (86)


HOUSE BILLS FOR PERFECTION - FEDERAL MANDATE


1          HB 744 - St. Onge

2          HB 987 - Wasson


HOUSE BILL FOR PERFECTION - CONSENT


 (3/28/07)


HCS HB 796 - Dethrow


HOUSE BILLS FOR THIRD READING


1          HCS HB 364 - Ervin

2          HCS HB 131 - Cooper (120)

3          HCS HB 851 - Onder

4          HCS HB 165 - Cooper (120)

5          HB 527 - Cooper (120)

6          HB 579 - Dempsey

7          HCS HB 431 - Pratt

8          HCS HB 894 - Hoskins

9          HCS HB 245 - St. Onge

10        HB 233 - Tilley

11        HB 482 - Walton




HOUSE BILLS FOR THIRD READING - FEDERAL MANDATE


1          HB 267 - Jones (117)

2          HB 265 - Cunningham (86)


HOUSE BILLS FOR THIRD READING - CONSENT


1          HB 910 - Fares

2          HB 933 - Grill

3          HB 1014 - Wright

4          HB 41 - Portwood

5          HB 428 - Cox

6          HCS HB 616 - Wood

7          HB 684, E.C. - Bruns

8          HB 740 - Pearce

9          HB 941 - Kingery


HOUSE CONCURRENT RESOLUTIONS


1          HCR 28, (2-27-07, Pages 438-439) - Walton

2          HCR 16, (2-21-07, Pages 435-436) - Deeken

3          HCR 17, (2-21-07, Page 437) - Fisher

4          HCR 30, (2-28-07, Page 508) - Pratt

5          HCR 8, (2-21-07, Pages 437-438) - Loehner

6          HCR 11, (3-07-07, Pages 583-584) - Ervin

7          HCR 24, (2-28-07, Pages 505-506) - Wilson (130)


HOUSE RESOLUTIONS


1          HR 65, (2-27-07, Page 491) - Schaaf

2          HR 433, (2-28-07, Pages 507-508) - Jetton