Journal of the House


First Regular Session, 94th General Assembly




SIXTY-FOURTH DAY, Thursday, April 26, 2007

The House met pursuant to adjournment.

 

            Speaker Jetton in the Chair.

 

            Prayer by Msgr. Donald W. Lammers.

 

              In view of the decisions being made in our Nation's Capitol about the war in Iraq.

 

              Let us pray.

 

              God our Father, all earthly powers must serve You. Look upon our President and the members of Congress, and help them fulfill their responsibilities worthily and well. Fill them with the spirit of Your widsom. May they always act in accordance with Your will, and may their decisions be for the peace and well-being of all people.

 

              May these same blessings come upon us that we serve You worthily through our service of the people of this State.

 

              We pray to You in our need always, for You are our God forever and ever. 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: Kael Rademan, Erica Chitwood, Kendall Loyd, Julia Dowd, Michael Steele, Katie Chudy, David Winstein-Hibbs, Cody Pinkner, Maddy Zuke, Mavis Coffman, Luke Downham, Bailey Chadduck, Andrea Robin, David Vence, Tyler Lewis, Blake Buchanan, Jared Samson, Christopher Gates, Ryan Ochs, Adam Harkins, John Paul Harkins, Josh Bailey, Schyler Tate, Chris Littrell, Joe Mazzeffe and Matt McKnight.

 

            The Journal of the sixty-third day was approved as corrected by the following vote:

 

AYES: 133

 

 

 

 

 

 

 

 

 

Aull

Baker 123

Bearden

Bland

Brandom

Bringer

Brown 50

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Frame

Franz

Funderburk

Grill

Grisamore

Guest

Harris 110

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hughes

Icet

Jones 89

Jones 117

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

Liese

Lipke

Loehner

Marsh

May

McClanahan

McGhee

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Page

Parson

Pearce

Pollock

Portwood

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Schlottach

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

St. Onge

Storch

Stream

Sutherland

Swinger

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Wallace

Walsh

Walton

Wasson

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

NOES: 014

 

 

 

 

 

 

 

 

 

Baker 25

Daus

Donnelly

Flook

George

Harris 23

Johnson

LeVota

Low 39

Lowe 44

Oxford

Schieffer

Talboy

Vogt

 

 

 

 

 

 

PRESENT: 002

 

 

 

 

 

 

 

 

 

Darrough

Spreng

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 014

 

 

 

 

 

 

Avery

Bivins

Bowman

Brown 30

Bruns

Haywood

Hunter

Kelly

Meadows

Pratt

Scharnhorst

Schneider

Stevenson

Wells

 

 

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

 

            House Resolution No. 2696 through House Resolution No. 2749

 

SECOND READING OF SENATE BILL

 

            SS#6 SCS SB 389 was read the second time.

 THIRD READING OF SENATE BILL

 

            HCS#2 SB 406, relating to employee benefit plans, was taken up by Representative Wallace.

 

            Representative Cooper (120) offered House Amendment No. 1.

 

House Amendment No. 1

 

AMEND House Committee Substitute No. 2 for Senate Bill No. 406, Page 3, Section 103.085, Line 28, by inserting after said line the following:

 

              "103.080. 1. As used in this section, the following terms shall mean:

              (1) "Health savings account" or "account", shall have the same meaning ascribed to it as in 26 U.S.C. Section 223(d), as amended;

              (2) "High deductible health plan", a policy or contract of health insurance or health care plan that meets the criteria established in 26 U.S.C. Section 223(c)(2), as amended, and any regulations promulgated thereunder.

              2. Beginning with the open enrollment period for the 2008 plan year, the board shall offer to all qualified employees the option of receiving health care coverage through a high deductible health plan and the establishment of a health savings account. In order for a qualified individual to obtain a high deductible health plan through the Missouri consolidated health care plan, such individual shall present evidence, in a manner prescribed by regulation, to the board that he or she has established a health savings account in compliance with 26 U.S.C. Section 223, and any amendments and regulations promulgated thereto.

              3. The board is authorized to promulgate rules and regulations for the administration and implementation of this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2007, shall be invalid and void.

              4. The board shall issue a request for proposals from insurance carriers interested in offering a high deductible health plan in connection with a health savings account."; and

 

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

 

            Representative Richard assumed the Chair.

 

            Representative Pearce assumed the Chair.

 

            Representative Portwood offered House Amendment No. 1 to House Amendment No. 1.

 

House Amendment No. 1

to

House Amendment No. 1

 

AMEND House Amendment No. 1 to House Committee Substitute No. 2 for Senate Bill No. 406, Page 1, Line 8, by inserting after the word "thereunder" on said line the following:

 

              "; provided that the deductible is not greater than one thousand dollars"; and

 

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

 

            Representative Richard resumed the Chair.

 

            HCS#2 SB 406, with House Amendment No. 1 to House Amendment No. 1, and House Amendment No. 1, pending, was laid over.

 

HOUSE BILLS WITH SENATE AMENDMENTS

 

            SCS HB 1, relating to appropriations, was taken up by Representative Icet.

 

            Representative Icet moved that the House refuse to adopt SCS HB 1 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

 

            Which motion was adopted.

 

 


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

 

            Representative Icet moved that the House refuse to adopt SCS HCS HB 2 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

 

            Which motion was adopted.

 

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

 

            Representative Icet moved that the House refuse to adopt SCS HCS HB 3 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

 

            Which motion was adopted.

 

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

 

            Representative Icet moved that the House refuse to adopt SCS HCS HB 4 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

 

            Which motion was adopted.

 

            Representative Pearce resumed the Chair.

 

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

 

            Representative Icet moved that the House refuse to adopt SCS HCS HB 5 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

 

            Which motion was adopted.

 

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

 

            Representative Icet moved that the House refuse to adopt SCS HCS HB 6 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

 

            Which motion was adopted.

 

REFERRAL OF HOUSE CONCURRENT RESOLUTION

 

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

 

HCR 5 - Special Committee on Veterans

 

REFERRAL OF SENATE BILLS

 

            The following Senate Bills were referred to the Committee indicated:

 

HCS SCS SB 156 - Fiscal Review (Fiscal Note)

SCS SB 418 - Fiscal Review (Fiscal Note)

SS SB 40 - Special Committee on Utilities

SCS SB 75 - Special Committee on Veterans

SS#2 SCS SB 204 - Special Committee on Agri-Business

SCS SB 226 - Transportation

SCS SB 235 - Special Committee on State Parks and Waterways

SS SB 358 - Transportation

SCS SB 368 - Judiciary

SS#6 SCS SB 389 - Higher Education

SS SCS SB 496 - Health Care Policy

SB 559 - Local Government

SS SB 654 - Special Committee on Urban Issues

SCS SB 664 - Special Committee on Professional Registration and Licensing

SS SCS SB 668 - Special Committee on Health Insurance

 

COMMITTEE REPORTS

 

            Committee on Health Care Policy, Chairman Cooper (155) reporting:

 

            Mr. Speaker: Your Committee on Health Care Policy, to which was referred SCS SB 4, 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.

 

            Mr. Speaker: Your Committee on Health Care Policy, to which was referred SCS SB 333, 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 Energy and Environment, Chairman Bivins reporting:

 

            Mr. Speaker: Your Special Committee on Energy and Environment, to which was referred SCS SB 328, 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 Urban Education Reform, Chairman Hoskins reporting:

 

            Mr. Speaker: Your Special Committee on Urban Education Reform, to which was referred HB 1272, 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.

 

            Committee on Ways and Means, Chairman Sutherland reporting:

 

            Mr. Speaker: Your Committee on Ways and Means, to which was referred SCS SB 86, 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.

 

            Mr. Speaker: Your Committee on Ways and Means, to which was referred SCS SBs 199 & 207, 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.

 

            Mr. Speaker: Your Committee on Ways and Means, to which was referred SB 582, 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.

 

            Committee on Rules, Chairman Cooper (120) reporting:

 

            Mr. Speaker: Your Committee on Rules, to which was referred SRB 613, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

 

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 HB 62.

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 268.

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HCS HB 405.

 

            Emergency clause adopted.

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HCS HB 459.

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 732.

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 754.

 

COMMUNICATION

 

April 25, 2007

 

Mr. Adam Crumbliss

Chief Clerk

Missouri House of Representatives

 

Dear Mr. Crumbliss:

 

              The Committee on Budget has adopted the attached motion under Section 33.282, RSMo, and request that it be printed in the Journal of the House.

 

Sincerely,

 

/s/ Allen Icet

State Representative

District 84

 

MOTION OF APPROVAL PURSUANT TO SECTION 33.282, RSMo.

 

Having reviewed the estimates of new tax credits for Fiscal Year 2008 submitted to the Chairman of the House Budget Committee by the Budget Director to Section 33.282, RSMo, the Committee on Budget, under the authority of Section 33.282, hereby approves those estimated new tax credits for any tax year beginning after July 1, 2007 and before June 30, 2008, and directs the Chairman of the Committee to report adoption of this Motion to the Chief Clerk of the House and request that the Motion be printed in the Journal of the House.

 

            The following members’ presence was noted: Hunter and Stevenson.

 

 


ADJOURNMENT

 

            On motion of Representative Dempsey, the House adjourned until 2:00 p.m., Monday April 30, 2007.

 

CORRECTION TO THE HOUSE JOURNAL

 

            Correct House Journal, Sixty-third Day, Wednesday, April 25, 2007, Page 1351, Line 15, by deleting the numeral "$78,624" and inserting in lieu thereof the numeral "$88,624".

 

COMMITTEE MEETINGS

 

APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

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

Review of Department of Natural Resources performance measures.

 

CONFERENCE COMMITTEE NOTICE

Tuesday, May 1, 2007, Hearing Room 3 upon afternoon recess or 12:00 p.m. AMENDED

Public hearing to be held on: SS SCS HCS HB 327

 

CRIME PREVENTION AND PUBLIC SAFETY

Tuesday, May 1, 2007, 12:00 p.m. Hearing Room 6.

Executive session may follow.

Public hearing to be held on: SS SCS SB 429

 

HEALTH CARE POLICY

Tuesday, May 1, 2007, 12:00 p.m. Hearing Room 5.

Executive session may follow.

Public hearings to be held on: SS SCS SB 85, SCS SB 530

 

JUDICIARY

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

Executive session may follow.

Public hearings to be held on: SCS SB 368, SB 516

 

LOCAL GOVERNMENT

Tuesday, May 1, 2007, 8:00 a.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 701, SB 130, SCS SB 299,

SB 334, SB 345, SB 510, SS SCS SB 21

 

RULES - PURSUANT TO RULE 25(21)(f)

Monday, April 30, 2007, Hearing Room 5 upon evening adjournment.

Executive session may follow.

Public hearings to be held on: HCS HCR 45, HCR 44, HJR 11, HCS HB 1272,

HCS HB 869, HB 1052, HCS SS SCS SB 22, HCS SS SCS SBs 255, 249 & 279,

HCS SB 325, HCS SCS SB 54, HCS SCS SB 369 & SB 550, HCS SCS SB 497,

SS SB 417, HCS SB 315, HCS SB 419, SB 171, SCS SB 309, SB 433, SB 162,

SCS SB 4, SCS SB 137, HCS SCS SB 86, HCS SB 582

 

SPECIAL COMMITTEE ON AGRI-BUSINESS

Tuesday, May 1, 2007, 8:00 a.m. Hearing Room 4.

Executive session may follow.

Public hearing to be held on: SS#2 SCS SB 204

 

SPECIAL COMMITTEE ON ENERGY AND ENVIRONMENT

Tuesday, May 1, 2007, 1:00 p.m. Hearing Room 7.

Executive session may follow.

Public hearing to be held on: HB 968

 

TRANSPORTATION

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

Executive session may follow.

Public hearings to be held on: SS SB 358, SCS SB 226

 

HOUSE CALENDAR

 

SIXTY-FIFTH DAY, MONDAY, APRIL 30, 2007

 

HOUSE JOINT RESOLUTIONS FOR PERFECTION

 

1          HJR 21 - Cooper (120)

2          HCS HJR 9 - Dethrow

3          HJR 6 - Bruns

4          HCS HJR 20 - Bearden

 

HOUSE BILLS FOR PERFECTION

 

1          HCS HB 90, HA 1, pending - St. Onge

2          HCS HB 889 - Emery

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

4          HCS HB 466 - Schaaf

5          HCS HB 771 - Bearden

6          HCS HBs 180, 396 & 615 - Day

7          HCS HB 238 - Yates

8          HB 360, HSA 1for HA 1, HA 1, pending - Robb

9          HCS HB 788 - Cooper (155)

10        HCS HB 218 - Stevenson

11        HCS HB 811 - Schad

12        HB 412 - Emery

13        HB 432 - Schaaf

14        HCS HB 699 - Tilley

15        HCS HB 768 - St. Onge

16        HCS HB 122 - Nance

17        HCS HB 487 - Cooper (120)

18        HCS HB 493 - Baker (123)

19        HCS HB 512 - Pratt

20        HCS HB 261, as amended - Yates

21        HB 746 - Franz

22        HB 882 - Page

23        HCS HB 1002 - Fisher

24        HCS HB 124 - Nance

25        HCS HB 765, HA 1, pending - Dempsey

26        HCS HBs 807 & 690 - Baker (123)

27        HCS HB 121 - Nance

28        HB 249 - Moore

29        HCS HB 252 - Robb

30        HCS HB 417 - Cunningham (86)

31        HCS HB 478 - Dethrow

32        HCS HB 490 - Baker (123)

33        HCS HB 508 - Schaaf

34        HCS HB 709 - Dethrow

35        HB 821 - Onder

36        HCS HB 995 - Hobbs

37        HCS#2 HB 85 - Kraus

38        HCS HB 399 - Walton

39        HCS HB 624 - Wilson (119)

40        HCS#2 HB 752 - Sutherland

41        HCS HB 1000 - Storch

42        HCS HB 1044 - Deeken

43        HCS HB 244 - Wells

44        HCS HB 587 - Tilley

45        HCS HB 628 - Loehner

46        HCS HB 629 - Hunter

47        HCS HB 872 - Cooper (158)

48        HCS HB 913 - Cooper (120)

49        HB 932 - Grill

50        HCS HB 1089 - Stevenson

51        HCS HB 347 - Munzlinger

52        HB 439 - Hunter

53        HCS HB 630 - Schlottach

54        HB 646 - Young

55        HCS HB 919 - Schneider

56        HCS HB 944 - Cooper (120)

57        HCS HB 1264 - Page

58        HB 758 - Brown (50)

59        HCS HB 425 - Pearce

60        HCS HB 429 - Jones (117)

61        HCS HB 716 - Davis

62        HCS HB 95 - Sater

63        HB 479 - Darrough

64        HB 733 - Page

65        HCS HB 769 - Bruns

66        HCS HB 802 - Page

67        HB 1155 - Wright-Jones

68        HCS HB 442 - Kingery

69        HB 727 - Portwood

70        HB 888 - Grisamore

71        HCS HB 923 - Kratky

72        HB 1251 - Komo

73        HCS HB 331 - Lipke

74        HCS#2 HB 735 - Cooper (158)

75        HCS HB 833 - Wasson

76        HB 1104 - Hughes

 

HOUSE BILL FOR PERFECTION - INFORMAL

 

HB 61 - Ruestman

 

HOUSE CONCURRENT RESOLUTION FOR THIRD READING

 

HCR 49, (4-23-07, Pages 1277-1278) - Portwood

 

HOUSE BILL FOR THIRD READING

 

HCS HBs 365, 804 & 805, (Fiscal Review 4-03-07) - Ervin

 

HOUSE BILL FOR THIRD READING - CONSENT

 

HB 910 - Fares

 

HOUSE CONCURRENT RESOLUTIONS

 

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

2          HCS HCR 21, (3-29-07, Pages 852-853) - Dethrow

3          HCR 33, (3-30-07, Pages 872-873) - Guest

4          HCR 43, (4-12-07, Pages 1081-1082) - Page

5          HCS HCR 26, (3-14-07, Pages 686-688) - El-Amin

6          HCR 54, (4-18-07, Pages 1202-1203) - Sutherland

7          HCR 38, (4-19-07, Page 1248) - Wright

 

SENATE BILLS FOR THIRD READING - CONSENT

 

1          HCS SCS SB 272 - Wasson

2          SB 407 - Deeken

3          HCS SB 322 - Cooper (158)

4          HCS SB 166 - Wood

5          SB 172 - Flook

6          HCS SB 270 - Jones (117)

7          HCS SCS SB 288, SB 152 & SCS SB 115, E.C. - Robinson

8          SB 298 - Schaaf

9          SCS SB 397 - Schaaf

10        HCS SB 127 - Schlottach

 

SENATE BILLS FOR THIRD READING

 

1          HCS#2 SB 406, HA 1 to HA 1, HA 1, pending - Wallace

2          HCS SB 416 - Pratt

3          SCS SB 302 - Pratt

4          HCS SB 25, as amended, HA 2*, pending - Franz

5          SCS SB 46 - Grisamore

6          HCS SB 84 - Franz

7          SCS SB 91 - St. Onge

8          SB 135 - Kingery

9          HCS SCS SB 232 - Cooper (158)

10        HCS SCS SB 384, E.C. - Daus

11        HCS SCS SB 520 - Hunter

12        SB 352 - Ruzicka

13        HCS SCS SBs 62 & 41 - Ruestman

14        HCS SCS SB 82, (Fiscal Review 4-24-07) - Tilley   (90 minute debate on Third Reading)

15        HCS SB 593 & SCS SB 594 - May

16        SB 648 - Kelly

17        HCS SB 666 - Grill

18        HCS SCS SB 156, (Fiscal Review 4-26-07), E.C. - Quinn (7)          (90 minute debate on Third Reading)

 


19        HCS SS SCS SB 320 - Quinn (7)

20        SCS SB 418 (Fiscal Review 4-26-07) - Weter

21        SB 513 - Wasson

 

SENATE BILL FOR THIRD READING - REVISION

 

HCS SRB 613 - Wasson

 

HOUSE BILLS WITH SENATE AMENDMENTS

 

1          SS SCS HCS HB 16 - Icet

2          SCS HCS HB 7 - Icet

3          SCS HCS HB 8 - Icet

4          SCS HCS HB 9 - Icet

5          SCS HCS HB 10 - Icet

6          SCS HCS HB 11, as amended - Icet

7          SCS HCS HB 12 - Icet

8          SCS HCS HB 13 - Icet

 

BILLS CARRYING REQUEST MESSAGES

 

1          SCS HB 1, (request Senate recede/grant conference) - Icet

2          SCS HCS HB 2, (request Senate recede/grant conference) - Icet

3          SCS HCS HB 3, (request Senate recede/grant conference) - Icet

4          SCS HCS HB 4, (request Senate recede/grant conference) - Icet

5          SCS HCS HB 5, (request Senate recede/grant conference) - Icet

6          SCS HCS HB 6, (request Senate recede/grant conference) - Icet

 

BILLS IN CONFERENCE

 

1          SS SCS HCS HB 327, E.C. - Richard

2          HCS SB 376, as amended, E.C. - Wood

3          HCS SB 30, as amended - Stevenson

4          HCS SCS SB 308, as amended - Wasson

5          SB 233, HA 1, HA 2, HA 3, HA 4, HA 5 - Stevenson

 

SENATE CONCURRENT RESOLUTIONS

 

1          SCR 18, (3-12-07, Page 892) - Deeken

2          SCS SCR 5, (3-01-07, Page 529) - Threlkeld

 

HOUSE RESOLUTION

 

HR 1678, (4-12-07, Page 1076) - Jones (117)