Journal of the House


Second Regular Session, 94th General Assembly




TWENTY-FIFTH DAY, Thursday, February 21, 2008

The House met pursuant to adjournment.


            Speaker Jetton in the Chair.


            Prayer by Msgr. Donald W. Lammers.


              Let us pray for a little child, Kate Lipke, daughter of Representative Scott Lipke of Perry County; the child will have her second heart surgery tomorrow.


              Almighty God, Father of all, we pray for this little child. Guide the doctors and nurses who care for her. We pray that Your healing touch provide whatever medical science is unable to provide for the complete healing of this child.


              Lord God, we pray for all who suffer from illness or disease, and for those who suffer in this difficult weather.


              Today, may we be especially aware of all who suffer. May Your Holy Spirit help us to see the implications of the people's suffering for our work as their Representatives.


              May Your Holy Spirit be with us in all our work today and be our protection, and the protection of all who must travel later today.


              Praise and glory to You, Almighty God, forever! 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: John "Jack" Shelton and Anne Shelton.


            The Journal of the twenty-fourth day was approved as printed by the following vote:


AYES: 129

 

 

 

 

 

 

 

 

 

Aull

Avery

Bivins

Brandom

Bringer

Brown 30

Bruns

Burnett

Casey

Chappelle-Nadal

Corcoran

Cox

Cunningham 145

Curls

Davis

Day

Deeken

Denison

Dethrow

Donnelly

Dougherty

Dusenberg

Emery

Ervin

Faith

Fallert

Fares

Fisher

Frame

Franz

Funderburk

Grill

Guest

Harris 110

Hobbs

Hodges

Holsman

Hoskins

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Low 39

Marsh

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Self

Shively

Silvey

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Yates

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 003

 

 

 

 

 

 

 

 

 

Lowe 44

Talboy

Vogt

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Darrough

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 025

 

 

 

 

 

 

Baker 25

Baker 123

Bland

Brown 50

Cooper 120

Cooper 155

Cunningham 86

Daus

Dixon

El-Amin

Flook

George

Grisamore

Harris 23

Haywood

Hubbard

Loehner

May

Robinson

Sater

Schoemehl

Skaggs

Wright-Jones

Yaeger

Young

 

 

 

 

 

VACANCIES: 005


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 760 through House Resolution No. 779


HOUSE CONCURRENT RESOLUTIONS


            Representative Pratt, et al., offered House Concurrent Resolution No. 25.

            Representative Dixon, et al., offered House Concurrent Resolution No. 26.

            Representative Curls, et al., offered House Concurrent Resolution No. 27.


SECOND READING OF HOUSE BILLS


            HB 2212 through HB 2221 were read the second time.


SECOND READING OF SENATE BILLS


            SCS SB 724, SB 801, SB 820, SB 845, SS SCS SB 931, SCS SB 935 and SB 943 were read the second time.


            Speaker Pro Tem Pratt assumed the Chair.


THIRD READING OF HOUSE JOINT RESOLUTION


            HCS HJR 55, relating to religious freedom in public places, was taken up by Representative McGhee.


            On motion of Representative McGhee, HCS HJR 55 was read the third time and passed by the following vote:


AYES: 132

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Bivins

Brandom

Bringer

Brown 30

Bruns

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Corcoran

Cox

Cunningham 145

Cunningham 86

Darrough

Davis

Day

Deeken

Denison

Dethrow

Dixon

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

Funderburk

George

Grill

Grisamore

Guest

Harris 110

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hunter

Icet

Jones 89

Jones 117

Kelly

Kingery

Komo

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Marsh

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Self

Shively

Silvey

Smith 14

Smith 150

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Yates

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 011

 

 

 

 

 

 

 

 

 

Burnett

Curls

Daus

Hughes

Johnson

Low 39

Lowe 44

Oxford

Villa

Vogt

Wright-Jones

 

 

 

 

 

 

 

 

 

PRESENT: 002

 

 

 

 

 

 

 

 

 

Spreng

Whorton

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 013

 

 

 

 

 

 

Baker 25

Bland

Brown 50

Donnelly

Dougherty

Harris 23

Haywood

Loehner

Robinson

Schoemehl

Skaggs

Yaeger

Young

 

 

 

 

 

 

 

VACANCIES: 005


            Speaker Pro Tem Pratt declared the bill passed.


            Speaker Jetton resumed the Chair.


REFERRAL OF HOUSE JOINT RESOLUTION


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


HJR 70 - Budget


REFERRAL OF HOUSE BILLS


            The following House Bills were referred to the Committee indicated:


HB 1376 - Crime Prevention and Public Safety

HB 1408 - Health Care Policy

HB 1409 - Crime Prevention and Public Safety

HB 1477 - Special Committee on Workforce Development and Workplace Safety

HB 1493 - Crime Prevention and Public Safety

HB 1530 - Crime Prevention and Public Safety

HB 1539 - Special Committee on General Laws

HB 1584 - Conservation and Natural Resources

HB 1596 - Higher Education

HB 1611 - Special Committee on Family Services

HB 1627 - Special Committee on Health Insurance

HB 1629 - Judiciary

HB 1645 - Ways and Means

HB 1708 - Crime Prevention and Public Safety

HB 1710 - Special Committee on Retirement

HB 1727 - Conservation and Natural Resources

HB 1761 - Elections

HB 1764 - Judiciary

HB 1789 - Local Government

HB 1795 - Crime Prevention and Public Safety

HB 1815 - Special Committee on Health Insurance

HB 1851 - Special Committee on Workforce Development and Workplace Safety

HB 1852 - Crime Prevention and Public Safety

HB 1854 - Special Committee on Energy and Environment

HB 1866 - Special Committee on Government Affairs

HB 1867 - Local Government

HB 1874 - Special Committee on Financial Institutions

HB 1882 - Special Committee on Veterans

HB 1889 - Crime Prevention and Public Safety

HB 1891 - Elementary and Secondary Education

HB 1918 - Special Committee on Health Insurance

HB 1933 - Special Committee on Healthcare Transformation

HB 1935 - Special Committee on Professional Registration and Licensing

HB 1956 - Special Committee on Agri-business

HB 1957 - Special Committee on Urban Issues

HB 1982 - Special Committee on General Laws

HB 2040 - Special Committee on Student Achievement

HB 2110 - Special Committee on General Laws

HB 2115 - Special Committee on Government Affairs

HB 2129 - Special Committee on Small Business

HB 2132 - Judiciary

HB 2135 - Special Committee on Energy and Environment

HB 2136 - Elementary and Secondary Education

HB 2147 - Special Committee on Utilities

HB 2148 - Special Committee on Professional Registration and Licensing

HB 2150 - Local Government

HB 2190 - Special Committee on Tax Reform


COMMITTEE REPORTS


            Committee on Budget, Chairman Icet reporting:


            Mr. Speaker: Your Committee on Budget, to which was referred HB 2014, 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 Family Services, Chairman Franz reporting:


            Mr. Speaker: Your Special Committee on Family Services, to which was referred HCR 19, 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. 19


              WHEREAS, Missouri needs a foundational, centralized, guiding document that clarifies the state's interpretation of existing laws and practices relating to educating children who are deaf and hard of hearing; and


              WHEREAS, Missouri needs to clarify standard educational principles for educators and administrators, and to provide ongoing direction to policymakers so that children who are deaf and hard of hearing will not be left behind in our educational system; and


              WHEREAS, deaf and hard of hearing children have the same right and potential to become as independent and self-actualizing as their hearing peers:


              NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-fourth General Assembly, Second Regular Session, the Senate concurring therein, hereby endorse the "Deaf and Hard of Hearing Children's Bill of Rights" as follows:

 

              (1) Children who are deaf or hard of hearing are entitled to appropriate screening and assessment of hearing capabilities, communication, and language needs at the earliest possible age and to the continuation of screening services throughout the educational experience;

 

              (2) Children who are deaf or hard of hearing are entitled to early intervention to provide for acquisition of solid language bases developed at the earliest possible age;


              (3) Children who are deaf or hard of hearing are entitled to their parents' or guardians' full and informed participation in their educational planning;


              (4) Children who are deaf or hard of hearing benefit from interaction with adult role models who are deaf or hard of hearing;


              (5) Children who are deaf or hard of hearing benefit from interacting with their deaf, hard of hearing, and hearing peers;


              (6) Children who are deaf or hard of hearing are entitled to qualified teachers, interpreters, and resource personnel who communicate effectively with each child in that child's preferred mode of communication;


              (7) Children who are deaf or hard of hearing are entitled to placement best suited to each child's individual needs, including but not limited to social, emotional, and cultural needs, with consideration for the child's age, degree of hearing loss, academic level, mode of communication, style of learning, motivational level, and amount of family support;


              (8) Children who are deaf or hard of hearing are entitled to individual considerations for free, appropriate education across a full spectrum of educational programs;


              (9) Children who are deaf or hard of hearing are entitled to full support services provided by qualified professionals in their educational settings;


              (10) Children who are deaf or hard of hearing are entitled to full access to all programs in their educational settings;


              (11) Children who are deaf or hard of hearing are entitled to have the public fully informed concerning medical, cultural, and linguistic issues of deafness and hearing loss;


              (12) Children who are deaf or hard of hearing benefit by having deaf and hard of hearing adults involved in determining the extent, content, and purpose of programs that affect their education; and


              (13) Children who are deaf or hard of hearing are entitled to free and unrestricted communication with others who communicate in their same language mode. The child's preferred mode of communication should be respected in order to attain the highest education possible for that individual in an appropriate environment; and


              BE IT FURTHER RESOLVED that notwithstanding any of the above principles, nothing in this resolution shall require:


              (1) Individual school districts to ensure the availability of a specific number of deaf or hard of hearing peers; or


              (2) Parents to abrogate their statutory rights to educational choice; 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.




            Special Committee on Retirement, Chairman Wallace reporting:


            Mr. Speaker: Your Special Committee on Retirement, to which was referred HB 2055, 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 Special Committee on Retirement, to which was referred HB 2056, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(21)(f) be referred to the Committee on Rules.


            Special Committee on State Parks and Waterways, Chairman Pollock reporting:


            Mr. Speaker: Your Special Committee on State Parks and Waterways, to which was referred HB 1715, 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 Student Achievement, Chairman Muschany reporting:


            Mr. Speaker: Your Special Committee on Student Achievement, to which was referred HB 1886, 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.


            Special Committee on Workforce Development and Workplace Safety, Chairman Hunter reporting:


            Mr. Speaker: Your Special Committee on Workforce Development and Workplace Safety, to which was referred HB 2041, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass - Federal Mandate, 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 HCS HB 1314, begs leave to report it has examined the same and recommends that it <