Journal of the House


Second Regular Session, 94th General Assembly




TWENTY-EIGHTH DAY, Wednesday, February 27, 2008

The House met pursuant to adjournment.


            Speaker Jetton in the Chair.


            Prayer by Reverend James Earl Jackson.


              Lord God Almighty, You are our shelter, our defense, a guard who surrounds us; our glory, the one who holds our head high.


              As each day is unpredictable and each moment brings another challenge, You are the stability of our day. So we remind ourselves of Your abiding presence.


              As we move into this day, help us to serve without pretense; detesting what is false, clinging to what is true. May we willingly confer with one another, in honor giving preference to one another. May we serve with humility and not be wise in our own opinion.


              Now Lord God, strengthen and make us what we ought to be and equip us with everything good that we may carry out Your will for this day; while You work in us and accomplish that which is pleasing in Your sight.


              We ask these things in the name of Your Son. 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: Sara Schueller, Konner Settles, Makayla Johnson, Jacob Pickett, Shayna Stuckey, Ally Dedmon, Whitney Smith and Britney Anderson.


            The Journal of the twenty-seventh day was approved as printed.


SPECIAL RECOGNITION


            The University of Missouri-Columbia "Mizzou" Tigers Football Team was introduced by Speaker Jetton and Representatives Baker (25), Hobbs, Robb and Rucker and recognized for their performance during the 2007-2008 season and for winning the AT&T Cotton Bowl in Dallas, Texas on January 1, 2008.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 825 through House Resolution No. 852




SECOND READING OF HOUSE BILLS


            HB 2258 through HB 2266 were read the second time.


THIRD READING OF HOUSE BILL - CONSENT


            HCS HB 1309, relating to temporary driver’s permits, was taken up by Representative Day.


            On motion of Representative Day, HCS HB 1309 was read the third time and passed by the following vote:


AYES: 150

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Baker 123

Bivins

Bland

Brandom

Bringer

Brown 30

Brown 50

Bruns

Burnett

Casey

Chappelle-Nadal

Cooper 155

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

Funderburk

George

Grill

Grisamore

Guest

Harris 110

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kasten

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Loehner

Low 39

Lowe 44

Marsh

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Page

Parkinson

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Richard

Robb

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 011

 

 

 

 

 

 

Avery

Cooper 120

El-Amin

Harris 23

Haywood

Kelly

Lipke

Oxford

Quinn 9

Robinson

Vogt

 

 

 

 

 

 

 

 

 

VACANCIES: 002

            Speaker Jetton declared the bill passed.


            Speaker Pro Tem Pratt assumed the Chair.


PERFECTION OF HOUSE BILLS


            HCS HB 1763, relating to petition circulators, was taken up by Representative Parson.


            Representative Low (39) offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for House Bill No. 1763, Page 1, Section 116.080, Lines 6-7, by deleting the words ", receive any signature by mail or via the Internet,"; and


              Further amend said bill, Page 1, said section, Line 7, by deleting the word "concurrently" and inserting in lieu thereof the word "simultaneously"; and


              Further amend said bill, Page 1, said section, Lines 11-12, by deleting the following:


              ", received any signature by mail or via the Internet,"; and


              Further amend said bill, Page 1, said section, Line 12, by deleting the word "concurrently" and inserting in lieu thereof the word "simultaneously"; and


              Further amend said bill, Page 2, said section, Line 17, by deleting the following:

 

              "and proof of United States citizenship"; and


              Further amend said bill, Page 2, said section, Lines 36-37, by deleting the following:


              ", RECEIVE ANY SIGNATURE BY MAIL OR VIA THE INTERNET,"; and


              Further amend said bill, Page 2, said section, Line 38, by deleting the word "CONCURRENTLY" and inserting the word "SIMULTANEOUSLY"; and


              Further amend said bill, Page 2, said section, Lines 45-46, by deleting the following:


              ", receives any signature by mail or via the Internet,"; and


              Further amend said bill, Page 2, said section, Line 46, by deleting the word "concurrently" and inserting in lieu thereof the word "simultaneously"; and


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


            On motion of Representative Low (39), House Amendment No. 1 was adopted.


            Representative Storch offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for House Bill No. 1763, Page 3, Section 116.080, Line 49, by adding one new section:


              "116.090. 1. Any person who knowingly signs any name other than his or her own to any petition [,or] shall, upon conviction thereof be guilty of a class one election offense, as defined in section 115.631 RSMo.

              2. Any person who knowingly signs his or her name more than once for the same measure for the same election, or who knows he or she is not at the time of signing or circulating the same a Missouri registered voter and a resident of this state, shall, upon conviction thereof, be guilty of a class A misdemeanor punishable, notwithstanding the provisions of section [560.021] 560.016, to the contrary, for a term of imprisonment not to exceed one year in the county jail or a fine not to exceed ten thousand dollars or both.

              [2.] 3. Any person who knowingly accepts or offers money or anything of value to another person in exchange for a signature on a petition is guilty of a class A misdemeanor punishable, notwithstanding the provisions of section [560.021] 560.016, RSMo, to the contrary, for a term of imprisonment not to exceed one year in the county jail or a fine not to exceed ten thousand dollars or both."; and


              Further amend title and enacting clause accordingly.


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


            On motion of Representative Parson, HCS HB 1763, as amended, was adopted.


            On motion of Representative Parson, HCS HB 1763, as amended, was ordered perfected and printed.


            HB 1678, relating to education for military children, was taken up by Representative Day.


            On motion of Representative Day, HB 1678 was ordered perfected and printed.


REFERRAL OF HOUSE BILLS


            The following House Bills were referred to the Committee indicated:


HB 1371 - Fiscal Review (Fiscal Note)

HB 1678 - Fiscal Review (Fiscal Note)


COMMITTEE REPORTS


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


            Mr. Speaker: Your Committee on Health Care Policy, to which was referred HB 1790, 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 Judiciary, Chairman Stevenson reporting:


            Mr. Speaker: Your Committee on Judiciary, to which was referred HB 1358, 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 Committee on Judiciary, to which was referred HB 1469, 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 Committee on Judiciary, to which was referred HB 1983, 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.


            Special Committee on Energy and Environment, Chairman Bivins reporting:


            Mr. Speaker: Your Special Committee on Energy and Environment, to which was referred HB 1326, 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 General Laws, Chairman Jones (89) reporting:


            Mr. Speaker: Your Special Committee on General Laws, to which was referred HJR 41, 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 Healthcare Transformation, Chairman Schaaf reporting:


            Mr. Speaker: Your Special Committee on Healthcare Transformation, to which was referred HB 1880, 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 Job Creation and Economic Development, Chairman Richard reporting:


            Mr. Speaker: Your Special Committee on Job Creation and Economic Development, to which was referred HB 1836, 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 Utilities, Chairman Emery reporting:


            Mr. Speaker: Your Special Committee on Utilities, to which was referred HB 1512, 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 HCR 8, begs leave to report it has examined the same and recommends that it Do Pass.


            Mr. Speaker: Your Committee on Rules, to which was referred HCR 19, begs leave to report it has examined the same and recommends that it Do Pass.


            Mr. Speaker: Your Committee on Rules, to which was referred HCR 23, begs leave to report it has examined the same and recommends that it Do Pass.


            Mr. Speaker: Your Committee on Rules, to which was referred HB 1368, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


            Mr. Speaker: Your Committee on Rules, to which was referred HB 1689, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


            Mr. Speaker: Your Committee on Rules, to which was referred HB 1886, begs leave to report it has examined the same and recommends that it Be Returned to Committee of Origin.


            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 2014, begs leave to report it has examined the same and recommends that it Do Pass.


            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 2041, begs leave to report it has examined the same and recommends that it Do Pass - Federal Mandate.


            Mr. Speaker: Your Committee on Rules, to which was referred HB 2055, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 2056, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 2058, begs leave to report it has examined the same and recommends that it Do Pass.


INTRODUCTION OF HOUSE BILLS


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


HB 2267, introduced by Representatives LeVota and Darrough, relating to failure to report illegal conduct of pharmacists or other health care professionals.


HB 2268, introduced by Representative Portwood, relating to Christian Science nurses.


HB 2269, introduced by Representative Nasheed, relating to misuse of emergency telephone service.


HB 2270, introduced by Representatives Roorda, Meadows, Wildberger, Bivins, Portwood, Zimmerman, Hodges and George, relating to traffic control signal violations.


HB 2271, introduced by Representatives Roorda, Wildberger, Talboy, Bruns, Page, Meadows, Casey, Donnelly and George, relating to health benefits for surviving spouses and children of certain public safety employees.




HB 2272, introduced by Representatives Wright-Jones, Hubbard, Chappelle-Nadal, Lampe, Talboy, Zweifel, Page, Donnelly, Lowe (44), Zimmerman, McClanahan, George, Brown (50), El-Amin, Oxford, Bland, Norr, Komo, Daus, Hughes, Walton, Nasheed, Vogt, Wildberger, Aull, Dougherty, Corcoran, Johnson, Low (39), Storch, Wallace, Harris (23), Baker (25), Guest, Curls, Fares, Darrough, Frame, Haywood, Meiners, Young, Burnett, Holsman, Hoskins, Marsh, Walsh, Skaggs and Rucker, relating to reducing the number of abortions in the state through the prevention first act.


HB 2273, introduced by Representatives Stevenson and Witte, relating to the Missouri uniform trust code.


HB 2274, introduced by Representatives Munzlinger and Sander, relating to tax incentives for certain energy uses.


HB 2275, introduced by Representative Johnson, relating to forensic examinations.


HB 2276, introduced by Representatives Bivins, Dougherty, Jones (89), Nieves, Ruestman, Page, Avery, Moore, Yaeger, Lembke and Emery, relating to property taxation.


HB 2277, introduced by Representatives Bivins, Lembke and Cunningham (86), relating to fire protection district tax rates.


HB 2278, introduced by Representatives Pearce, Day, Baker (123), Onder, Kingery, Munzlinger, Wallace, Dougherty, Wilson (119), Ruestman, Fisher, Dusenberg, Stevenson, Schad, Bivins and Frame, relating to waiver of a NICS background check for certain persons purchasing firearms.


HB 2279, introduced by Representatives Wright, Emery, Fisher, Schoeller, Zimmerman and Kraus, relating to gas corporations.


HB 2280, introduced by Representative Cunningham (86), relating to instructional costs at public institutions of higher education.


HB 2281, introduced by Representative Cunningham (86), relating to professional association dues of school administrators.


HB 2282, introduced by Representative Ervin, relating to health insurance.


HB 2283, introduced by Representatives Cunningham (145), Schoeller, Loehner, Munzlinger, Self, Quinn (7), Wasson, Fisher, Robb, Day, Pollock, Wilson (119), Hobbs, Dethrow, Weter, Wells, Moore, Schlottach, Franz, Kelly, Wallace, Richard, Schad, May, Sander, Brandom, Parson, Smith (150), Faith and Guest, relating to misbranding of food.


HB 2284, introduced by Representatives Meadows, Page, Portwood, Young, Oxford, Talboy, Moore, Lowe (44), Casey, Schieffer, Corcoran and Deeken, relating to van accessible parking spaces.


HB 2285, introduced by Representative Meadows, relating to probation and parole services.


HB 2286, introduced by Representatives Yates, Richard, Muschany, Kraus, Dusenberg, Wallace, Faith, Avery, Fisher, Nance, Dixon, Wasson and McGhee, relating to the uninsured motorists.


            The following members' presence was noted: Cooper (120), Harris (23), Haywood, Oxford, Quinn (9) and Vogt.


ADJOURNMENT


            On motion of Representative Tilley, the House adjourned until 10:00 a.m., Thursday, February 28, 2008.


COMMITTEE MEETINGS


BUDGET

Thursday, February 28, 2008, 8:15 a.m. Hearing Room 3.

Appropriation Committee Reports.

Executive session may follow.

Public hearing to be held on: HJR 70


FISCAL REVIEW

Thursday, February 28, 2008, House Chamber side gallery upon morning adjournment.

All bills referred to this committee.


HIGHER EDUCATION

Tuesday, March 4, 2008, 5:00 p.m. Hearing Room 1.

Executive session may follow.

Public hearing to be held on: HB 1596


JOINT COMMITTEE ON LEGISLATIVE RESEARCH, OVERSIGHT SUBCOMMITTEE

Thursday, February 28, 2008, 8:00 a.m. Senate Committee Room 2.

Public hearing to be held on: SB 904


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

Thursday, February 28, 2008, Hearing Room 6 upon morning adjournment.

Executive session may follow.

Public hearings to be held on: HCS HB 1690, HCS HB 1715,

HCS HB 1423, HCS HB 1722, HCS HB 1341, HB 1934, HCR 7


SPECIAL COMMITTEE ON GOVERNMENT AFFAIRS

Tuesday, March 4, 2008, 8:30 a.m. Hearing Room 7.

Executive session may follow.

Public hearings to be held on: HB 1910, HB 1804, HB 1866, HB 2115, HB 1466


SPECIAL COMMITTEE ON PROFESSIONAL REGISTRATION AND LICENSING

Thursday, February 28, 2008, 8:00 a.m. Hearing Room 7.

Executive session may follow.

Public hearing to be held on: HB 1792


SPECIAL COMMITTEE ON SMALL BUSINESS

Tuesday, March 4, 2008, 2:00 p.m. Hearing Room 5.

Public hearing to be held on: HB 2129


SPECIAL COMMITTEE ON STUDENT ACHIEVEMENT

Thursday, February 28, 2008, Hearing Room 7 upon morning adjournment.

Executive session.


SPECIAL COMMITTEE ON TOURISM

Tuesday, March 4, 2008, 9:00 a.m. House Lounge.

Joint Committee on Tourism.


TRANSPORTATION

Tuesday, March 4, 2008, 8:00 a.m. Hearing Room 1.

Executive session may follow.

Public hearings to be held on: HCR 15, HB 1500, HB 1646, HB 1887


HOUSE CALENDAR


TWENTY-NINTH DAY, THURSDAY, FEBRUARY 28, 2008


HOUSE BILLS FOR SECOND READING


HB 2267 through HB 2286


HOUSE BILL FOR PERFECTION - APPROPRIATIONS


HCS HB 2014 - Icet


HOUSE BILLS FOR PERFECTION


1          HCS HB 1619 - Jones (117)

2          HCS HB 1779 - Emery

3          HB 1911 - Muschany

4          HB 1806 - Schaaf


HOUSE BILLS FOR PERFECTION - CONSENT


 (2/25/08)


1          HB 1348 - Portwood

2          HB 1384 - Cox

3          HB 1410 - Flook

4          HB 1490 - Deeken

5          HB 1532 - Davis

6          HB 1570 - Franz

7          HB 1572 - Franz

8          HB 1574 - Jones (117)

9          HB 1608 - Ervin

10        HB 1640 - Schoeller

11        HB 1711 - Weter

12        HB 1972 - Franz

13        HB 1973 - Franz


 (2/28/08)


1          HB 1368 - Thomson

2          HB 1689 - Wilson (130)

3          HB 2055 - Viebrock

4          HCS HB 2056 - Viebrock


HOUSE BILLS FOR THIRD READING


1          HB 1970 - Wasson

2          HCS HBs 1595 & 1668, (Fiscal Review 2-26-08) - Swinger

3          HCS HB 1314 - Cunningham (86)

4          HB 1371, (Fiscal Review 2-27-08) - Wilson (119)

5          HCS HB 1763 - Parson

6          HB 1678, (Fiscal Review 2-27-08) - Day


HOUSE BILLS FOR THIRD READING - CONSENT


1          HB 1450 - Roorda

2          HB 1416 - Nance

3          HB 1824 - Schlottach


HOUSE BILL WITH SENATE AMENDMENTS


SS SCS HB 2020 - Icet