Journal of the House


Second Regular Session, 94th General Assembly




TWENTY-SEVENTH DAY, Tuesday, February 26, 2008

The House met pursuant to adjournment.


            Speaker Jetton in the Chair.


            Prayer by Msgr. Donald W. Lammers.


"All you winds bless the Lord;

praise and exalt him above all forever."

(Daniel 3:65)


              Almighty God, we meet here as the representatives of the people of our State. As we serve them, we ask for Your guidance. Help us to truly represent them and not simply ourselves. May the true needs of the people and the common good of all be our concern.


              May the wind of Your Holy Spirit visit us and grant us the light of true wisdom, that we may discern Your will in the important matters before us, and allow it to become our will. Then, O Lord, we will be able to serve the people so faithfully that we are in truth serving You.


              We praise 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: Autumn Wilson, Donald Wilson, Elijah Wilson, Stephen Wilson, Ezra Wilson, Livia Wilson, Jonah Wilson, Phillip Wilson, Kendar Perrine, Dalton Williams, Nick Puleo, Marie Clark and Gabrielle Pirrie.


            The Journal of the twenty-sixth day was approved as corrected by the following vote:


AYES: 139

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Bivins

Brandom

Bringer

Brown 30

Brown 50

Bruns

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Davis

Day

Deeken

Denison

Dethrow

Dixon

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

Funderburk

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hodges

Holsman

Hoskins

Hubbard

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Marsh

May

McGhee

Meiners

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Wallace

Walsh

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 005

 

 

 

 

 

 

 

 

 

Daus

Donnelly

Lowe 44

Talboy

Vogt

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

George

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 013

 

 

 

 

 

 

Baker 123

Bland

Darrough

Hobbs

Hughes

Hunter

McClanahan

Meadows

Moore

Sander

Self

Walton

Wright-Jones

 

 

 

 

 

 

 

VACANCIES: 005


SPECIAL RECOGNITION


            Congressman Sam Graves was introduced by Representative Thomson and recognized as an Outstanding Missourian.


COMMUNICATIONS FROM THE SECRETARY OF STATE


TO THE CHIEF CLERK OF THE MISSOURI HOUSE

Adam Crumbliss

Jefferson City, MO


Sir:


              I, Robin Carnahan, Secretary of State of the State of Missouri, hereby certify that at the Special Election held in the 158th Legislative District in the State of Missouri, on the 5th day of February, 2008, as provided by law, the following named person was elected to the office of State Representative, 158th Legislative District as shown by the election results certified to this office by the election authorities of the 158th Legislative District.


Name                                                                            Office


Mary C. Kasten                                                             State Representative

2825 Bloomfield Rd., Unit 104                                    158th Legislative District

Cape Girardeau, MO 63703


                                                                                      IN WITNESS WHEREOF, I have hereunto set

                                                                                      my hand and affixed the seal of my office this

                                                                                      25th day of February, 2008.


                                                                                      /s/ Robin Carnahan

                                                                                           Secretary of State

____________________


TO THE CHIEF CLERK OF THE MISSOURI HOUSE

Adam Crumbliss

Jefferson City, MO


Sir:


              I, Robin Carnahan, Secretary of State of the State of Missouri, hereby certify that at the Special Election held in the 65th Legislative District in the State of Missouri, on the 5th day of February, 2008, as provided by law, the following named person was elected to the office of State Representative, 65th Legislative District as shown by the election results certified to this office by the election authorities of the 65th Legislative District.


Name                                                                            Office


Michele Kratky                                                             State Representative

6001 Bishops Place                                                       65th Legislative District

St. Louis, MO 63109


                                                                                      IN WITNESS WHEREOF, I have hereunto set

                                                                                      my hand and affixed the seal of my office this

                                                                                      25th day of February, 2008.


                                                                                      /s/ Robin Carnahan

                                                                                           Secretary of State

____________________


TO THE CHIEF CLERK OF THE MISSOURI HOUSE

Adam Crumbliss

Jefferson City, MO


Sir:


              I, Robin Carnahan, Secretary of State of the State of Missouri, hereby certify that at the Special Election held in the 16th Legislative District in the State of Missouri, on the 5th day of February, 2008, as provided by law, the following named person was elected to the office of State Representative, 16th Legislative District as shown by the election results certified to this office by the election authorities of the 16th Legislative District.


Name                                                                            Office


Mark Parkinson                                                            State Representative

3429 Indiana Ave.                                                        16th Legislative District

St. Charles, MO 63303


                                                                                      IN WITNESS WHEREOF, I have hereunto set

                                                                                      My hand and affixed the seal of my office this

                                                                                      25th day of February, 2008.


                                                                                      /s/ Robin Carnahan

                                                                                           Secretary of State


OATH OF OFFICE


            Representatives-elect Mary Kasten, Michele Kratky and Mark Parkinson advanced to the bar and subscribed to the oath of office, which was administered by the Honorable Rod Jetton, Speaker of the Missouri House of Representatives.


            Speaker Pro Tem Pratt assumed the Chair.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 808 through House Resolution No. 824


HOUSE CONCURRENT RESOLUTIONS


            Representative Frame, et al., offered House Concurrent Resolution No. 28.

            Representative Loehner offered House Concurrent Resolution No. 29.


SECOND READING OF HOUSE BILLS


            HB 2254 through HB 2257 were read the second time.


PERFECTION OF HOUSE BILLS


            HB 1911, relating to teacher certification, was taken up by Representative Muschany.


            HB 1911 was laid over.


            HCS HB 1314, relating to protections for school children, was taken up by Representative Cunningham (86).


            Representative Cunningham (86) offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for House Bill No. 1314, Section 160.261, Page 7, Line 193, by inserting immediately after the word "record" the following:


              "by the children's division under paragraph (c) of subdivision (2) of subsection 1 of section 210.152, RSMo"; and


              Further amend said bill, page, and section, Line 205, by inserting immediately after the word "record" the following:


              "by the children's division under paragraph (c) of subdivision (2) of subsection 1 of section 210.152, RSMo"; and


              Further amend said bill, Section 162.068, Page 9, Line 29, by inserting immediately after the word "children" the following:


              "receives allegations of sexual misconduct concerning the employee"; and


              Further amend said bill, section, and page, Line 30, by deleting the words "because of allegations of sexual misconduct"; and


              Further amend said bill, Section 162.069, Page 10, Line 23, by deleting all of said line and inserting in lieu thereof the following:


              "such site is available to school administrators and parents."; and


              Further amend said bill, Page 17, Section 168.133, Line 40, by deleting the comma "," after the first occurrence of the word "check" and inserting immediately after the second occurrence of the word "check." the following:


              "The provisions of this subsection shall become effective January 1, 2012."; and


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


            On motion of Representative Cunningham (86), House Amendment No. 1 was adopted.


            On motion of Representative Cunningham (86), HCS HB 1314, as amended, was adopted.


            On motion of Representative Cunningham (86), HCS HB 1314, as amended, was ordered perfected and printed.


            HB 1371, relating to rural empowerment zones, was taken up by Representative Wilson (119).


            Representative McClanahan offered House Amendment No. 1.


House Amendment No. 1


AMEND House Bill No. 1371, Page 2, Section 135.903, Line 18, by deleting:


              "sixteen" and replacing it with "twenty-five".


            Representative Hodges offered House Substitute Amendment No. 1 for House Amendment No. 1.


House Substitute Amendment No. 1

for

House Amendment No. 1


AMEND House Bill No. 1371, Page 2, Section 135.903, Line 18, by deleting:


              "sixteen" and replacing it with "forty-one".


            Representative Flook offered House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 1.




House Amendment No. 1

to

House Substitute Amendment No. 1

for

House Amendment No. 1


AMEND House Substitute Amendment No. 1 for House Amendment No. 1 to House Bill No. 1371, Page 1, Line 4, by deleting the word, "forty-one" and inserting in lieu thereof the word, "eighteen"; and


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


            Representative Skaggs raised a point of order that House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 1 is not a true amendment to the substitute amendment.


            The Chair ruled the point of order not well taken.


            On motion of Representative Flook, House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 1 was adopted by the following vote:


AYES: 086

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bivins

Brandom

Brown 30

Bruns

Cooper 120

Cooper 155

Cox

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Funderburk

Grisamore

Guest

Hobbs

Hunter

Icet

Jones 89

Jones 117

Kasten

Kelly

Kingery

Kraus

Lembke

Lipke

Loehner

May

McGhee

Moore

Munzlinger

Nance

Nolte

Onder

Parkinson

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Richard

Ruestman

Ruzicka

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

St. Onge

Stream

Sutherland

Thomson

Threlkeld

Tilley

 Viebrock

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 159

Yates

Mr. Speaker

 

 

 

 

 

 

 

 

 

NOES: 062

 

 

 

 

 

 

 

 

 

Baker 25

Bringer

Brown 50

Burnett

Casey

Chappelle-Nadal

Corcoran

Curls

Darrough

Daus

Donnelly

Dougherty

El-Amin

Fallert

Frame

George

Grill

Harris 110

Hodges

Holsman

Hoskins

Hubbard

Johnson

Komo

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

McClanahan

Meadows

Meiners

Nasheed

Norr

Oxford

Page

Quinn 9

Robinson

Roorda

Rucker

Salva

Scavuzzo

Schieffer

Schoemehl

Shively

Skaggs

Spreng

Storch

Swinger

Talboy

Todd

Villa

Walsh

Walton

Whorton

Wildberger

Witte

Yaeger

Young

Zimmerman

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 013

 

 

 

 

 

 

Aull

Bland

Harris 23