Journal of the House

Second Regular Session, 94th General Assembly

SIXTY-FIFTH DAY, Monday, May 5, 2008

The House met pursuant to adjournment.

            Speaker Pro Tem Pratt in the Chair.

            Prayer by Reverend James Earl Jackson.

              Lord God, by Your great mercy, we come into Your presence; in reverence we bow our hearts before You. Lead us, this day and throughout this week in Your righteousness - make straight Your way before us. For surely, O Lord, You bless the righteous and shield them with Your kindness.

              O Lord, hear our prayer and bring us together as a people. Give us strength to defend our cause; help us in the battle against itinerant thoughts.

              Bless, O Lord, our skills and be pleased with our efforts; undergird us with strength as we carry out Your righteous will and thoughts concerning the state of Missouri.

              Now may we abound with the richness of Your favor and overflow with the fruit of Your blessing.

              In the name of Your Son, we pray. 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: Blaise Phillips, Brad Phillips, Sadie Grigsby, Carter Joy, John McCormack and Lena Berhane.

            The Journal of the sixty-third day was approved as corrected.

            The Journal of the sixty-fourth day was approved as printed.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 2530 through House Resolution No. 2602

HOUSE BILL WITH SENATE AMENDMENTS

            SS SCS HCS HB 1779, as amended, relating to telecommunications services, was taken up by Representative Emery.

            Representative Richard assumed the Chair.

            Speaker Pro Tem Pratt resumed the Chair.

            Representative Emery moved that SS SCS HCS HB 1779, as amended, be adopted.

            Representative Bringer made a substitute motion that the House refuse to adopt SS SCS HCS HB 1779, as amended, and request the Senate to recede from its position and, failing to do so, grant the House a conference and that the House conferees be allowed to exceed the differences for the purpose of adding political robo calls to the no call list.

            Representative Emery raised a point of order that the substitute motion goes beyond the scope of the bill.

            The Chair ruled the point of order well taken.

            Representative Cooper (120) assumed the Chair.

            Speaker Pro Tem Pratt resumed the Chair.

            Representative Tilley moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Emery, SS SCS HCS HB 1779, as amended, was adopted by the following vote:

            On motion of Representative Emery, SS SCS HCS HB 1779, as amended, was truly agreed to and finally passed by the following vote:

            Speaker Pro Tem Pratt declared the bill passed.

BILLS IN CONFERENCE

            CCR SCS HCS HB 2002, relating to appropriations, was taken up by Representative Icet.

            Representative Franz assumed the Chair.

            Speaker Pro Tem Pratt resumed the Chair.

            On motion of Representative Icet, CCR SCS HCS HB 2002 was adopted by the following vote:

            On motion of Representative Icet, CCS SCS HCS HB 2002 was read the third time and passed by the following vote:

            Speaker Pro Tem Pratt declared the bill passed.

            CCR SCS HCS HB 2003, relating to appropriations, was taken up by Representative Icet.

            Representative Wilson (130) assumed the Chair.

            Speaker Pro Tem Pratt resumed the Chair.

            On motion of Representative Icet, CCR SCS HCS HB 2003 was adopted by the following vote:

            On motion of Representative Icet, CCS SCS HCS HB 2003 was read the third time and passed by the following vote:

            Speaker Pro Tem Pratt declared the bill passed.

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 SS SCS HB 1384 & HB 2157, entitled:

            An act to amend chapters 407 and 570, RSMo, by adding thereto six new sections relating to identity protection, with penalty provisions.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HCS HB 2016.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 2023, entitled:

            An act to appropriate money for planning, expenses, and for capital improvements including, but not limited to, major additions and renovations, new structures, and land improvements or acquisitions, and to transfer money among certain funds.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 2034, entitled:

            An act to repeal sections 537.294, 571.010, 571.020, 571.070, and 571.101, RSMo, and to enact in lieu thereof nine new sections relating to weapons, with penalty provisions.

            With Senate Amendment No. 1.

Senate Amendment No. 1

AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 2034, Page 10, Section 571.101, Line 65, by striking "is a resident of the state of" and inserting in lieu thereof the following:

              "has assumed residency in"; and

              Further amend Line 66, by striking the following:

              "and has been a resident thereof for the last six months".

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SCS SB 724, as amended, and request the House to recede from its position or failing to do so, grant the Senate a conference thereon; and further that the conferees be allowed to exceed the differences by exempting collaborative practice arrangements within certain population-based public health services, as described in 20 CSR 2150-5.100, from the limitations contained in section 334.104, RSMo.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SCS SB 830 and has taken up and passed HCS SCS SB 830.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SCS SB 907, as amended, and has taken up and passed HCS SCS SB 907, as amended.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HA 1 & HA 3 to SB 1068, and requests the House to recede from its position or failing to do so, grant the Senate a conference thereon; and further that the conferees be allowed to exceed the differences for the sole purpose of excluding Department of Health and Senior Services program rebates from the fund.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SB 1074, as amended, and requests the House to recede from its position and failing to do so grant the Senate a conference thereon.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SB 1140 and has taken up and passed HCS SB 1140.

            Emergency clause adopted.

BILL CARRYING REQUEST MESSAGE

            HCS SCS SB 724, as amended, relating to advanced practice registered nurses, was taken up by Representative Jones (117).

            Representative Jones (117) moved that the House refuse to recede from its position on HCS SCS SB 724, as amended, and grant the Senate a conference and the House conferees be allowed to exceed the differences by exempting collaborative practice arrangements within certain population-based public health services, as described in 20 CSR 2150-5.100, from the limitations contained in section 334.104, RSMo.

            Which motion was adopted by the following vote:

COMMITTEE REPORTS

            Committee on Judiciary, Chairman Stevenson reporting:

            Mr. Speaker: Your Committee on Judiciary, to which was referred SCS SB 767, 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 Judiciary, to which was referred SB 953, 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 Judiciary, to which was returned HCS SB 976, 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.

            Special Committee on Immigration, Chairman Nolte reporting:

            Mr. Speaker: Your Special Committee on Immigration, to which was referred SS SCS SBs 858, 750, 751, 927, 1186, 1255, 1268 & 1269, 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 returned HCS SS SCS SB 718, 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.

            Committee on Rules, Chairman Cooper (120) reporting:

            Mr. Speaker: Your Committee on Rules, to which was referred HJR 48, begs leave to report it has examined the same and recommends that it Do Pass, with a time limit of 150 minutes for debate on Perfection.

            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 1880, 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 1884, 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 SS SCS SJRs 34 & 30, 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 SCS SB 765, 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 SS SCS SB 768, 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 SS SCS SB 778, 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 SCS SB 788, 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 SCS SB 873, 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 SCS SB 1139, 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 SCS SB 1209, begs leave to report it has examined the same and recommends that it Do Pass.

REFERRAL OF SENATE BILLS

            The following Senate Bills were referred to the Committee indicated:

SS SCS SB 768 - Fiscal Review (Fiscal Note)

HCS SS SCS SB 778 - Fiscal Review (Fiscal Note)

HCS SCS SBs 930 & 947 - Fiscal Review (Fiscal Note)

HCS SCS SB 1209 - Fiscal Review (Fiscal Note)

ADJOURNMENT

            On motion of Representative Tilley, the House adjourned until 10:00 a.m., Tuesday, May 6, 2008.

COMMITTEE MEETINGS

CONSERVATION AND NATURAL RESOURCES

Wednesday, May 7, 2008, 8:00 a.m. Hearing Room 4.

Executive session may follow.

Public hearings to be held on: SJR 45, SCS SB 1040, SCR 29

ELECTIONS

Tuesday, May 6, 2008, 8:30 a.m. Hearing Room 5.

Executive session may follow.

Public hearing to be held on: SB 1245

FISCAL REVIEW

Wednesday, May 7, 2008, 8:30 a.m. Hearing Room 5.

Any bills presented to this committee.

JOINT COMMITTEE ON EDUCATION

Tuesday, May 6, 2008, 1:00 p.m. Hearing Room 7.

Election of Chairman and Vice Chairman.

Discussion of Department of Elementary and Secondary

Education's Professional Development Grants.

JOINT COMMITTEE ON TAX POLICY

Tuesday, May 6, 2008, Hearing Room 6 upon morning recess.

Department of Revenue - Fee Increase Public testimony welcome.

JUDICIARY

Tuesday, May 6, 2008, Hearing Room 1 upon morning recess.

Executive session will follow.

Public hearing to be held on: HCS SCS SB 781

SPECIAL COMMITTEE ON ENERGY AND ENVIRONMENT

Tuesday, May 6, 2008, Hearing Room 3 upon morning recess.

Executive session may follow.

Public hearing to be held on: HB 1842

SPECIAL COMMITTEE ON FAMILY SERVICES

Wednesday, May 7, 2008, 8:00 a.m. Hearing Room 1.

Executive session may follow.

Public hearings to be held on: HB 2264, SS SCS SB 726

SPECIAL COMMITTEE ON GENERAL LAWS

Tuesday, May 6, 2008, 8:30 a.m. Hearing Room 6.

Executive session may follow.

Public hearing to be held on: SCS SB 1172

SPECIAL COMMITTEE ON HEALTH INSURANCE

Tuesday, May 6, 2008, Hearing Room 4 upon morning recess.

Executive session may follow.

Public hearing to be held on: SS SB 817

SPECIAL COMMITTEE ON HEALTHCARE TRANSFORMATION

Wednesday, May 7, 2008, Hearing Room 6 upon morning recess.

Executive session may follow.

Public hearing to be held on: SS SCS SB 1283

SPECIAL COMMITTEE ON STATE PARKS AND WATERWAYS

Tuesday, May 6, 2008, 8:30 a.m. Hearing Room 3.

Executive session will follow.

Public hearing to be held on: SCS SB 1107

SPECIAL COMMITTEE ON UTILITIES

Tuesday, May 6, 2008, 9:30 a.m. House Chamber south gallery.

Executive session.

TRANSPORTATION

Tuesday, May 6, 2008, 8:00 a.m. Hearing Room 1.

Executive session.

HOUSE CALENDAR

SIXTY-SIXTH DAY, TUESDAY, MAY 6, 2008

HOUSE JOINT RESOLUTIONS FOR PERFECTION

1          HCS HJR 48 - Cox                                         (150 minutes debate on Perfection)

2          HCS HJR 64 - Chappelle-Nadal

HOUSE BILLS FOR PERFECTION

1          HCS HB 1836 - Flook

2          HCS#2 HB 1886 - Scharnhorst

3          HCS HB 1802 - Wilson (130)

4          HB 2144 - Whorton

5          HB 1535 - Deeken

6          HB 1517 - Cox

7          HCS HB 2112 - Emery

8          HB 1372 - McGhee

9          HCS HB 1590 - Munzlinger

10        HCS HB 1504 - Walton

11        HCS HB 2156 - Grill

12        HCS HB 2159 - Grill

13        HB 1562 - LeVota

14        HCS HB 2239 - Stevenson

15        HCS HB 1438 - Kelly

16        HCS HB 1990, as amended, HA 2, pending - Wilson (130)

17        HCS HB 2110 - Dixon

18        HCS HB 1723 - Franz

19        HCS HB 1745 - Robb

20        HB 1764 - Parson

21        HB 1871 - Deeken

22        HB 1934 - May

23        HCS HB 1974 - Schlottach

24        HB 2207 - Hoskins

25        HB 2514 - Weter

26        HB 1425 - Munzlinger

27        HCS HB 1599 - Sater

28        HB 1673 - Parson

29        HCS HB 1839 - Franz

30        HCS HB 1857 - Schaaf

31        HB 1954 - Dixon

32        HB 2129 - Baker (123)

33        HCS HBs 2189, 2208, 2178 & 2333 - Smith (14)

34        HCS HB 2282 - Ervin

35        HCS HB 2330 - Brandom

36        HB 2343 - Wilson (130)

37        HB 2365 - Pratt

38        HB 2429 - Hunter

39        HB 2458 - Jones (89)

40        HCS HB 2508 - Ruestman

41        HCS HB 1794 - Deeken

42        HCS HB 2354 - Portwood

43        HB 2404 - Hubbard

44        HCS HB 2494 - Pollock

45        HCS HBs 1736 & 2320 - Nolte

46        HCS HB 1468 - Pratt

47        HCS HBs 1809 & 2173 - Ruzicka

48        HCS HB 2420 - Baker (123)

49        HCS HB 2421 - Meiners

50        HB 2555 - Pearce

51        HB 1484 - Muschany

52        HCS HB 1880 - Schaaf

53        HCS HB 1884 - Quinn (7)

54        HCS HBs 2281, 2489 & 2537 - Cunningham (86)

55        HCS HB 2460 - Emery

HOUSE BILLS FOR THIRD READING

1          HCS HB 1929 - Cooper (120)

2          HB 1957 - Hughes

3          HCS HB 1644, (Fiscal Review 5-01-08), E.C. - Muschany

HOUSE BILLS FOR THIRD READING - CONSENT

1          HB 1490 - Deeken

2          HB 1572 - Franz

HOUSE CONCURRENT RESOLUTIONS

1          HCR 11, (3-05-08, Pages 421-422) - Nolte

2          HCR 20, (4-23-08, Page 1123) - Ervin

3          HCS HCR 27, (3-13-08, Pages 498-499) - Curls

SENATE JOINT RESOLUTION FOR THIRD READING

SS SCS SJRs 34 & 30 - Bruns

SENATE BILLS FOR THIRD READING - CONSENT

1          HCS SCS SBs 753, 728, 906 & 1026 - Swinger

2          HCS SB 723 - Bruns

3          HCS SB 733 - Bruns

4          HCS SCS SB 760 - St. Onge

5          HCS SB 797 - May

6          SB 801 - Flook

7          HCS SB 820 - Schieffer

8          SCS SB 850 - Meiners

9          HCS SB 856 - Fallert

10        SB 896 - McGhee

11        SB 928 - Schad

12        SB 936 - Lembke

13        HCS SB 943 - Schoeller

14        SCS SB 951 - Spreng

15        SB 956 - Hobbs

16        HCS SB 978 - Pollock

17        SB 979 - Dusenberg

18        SB 980 - Flook

19        SB 991 - Schlottach

20        SB 999 - Parson

21        HCS SB 1002 - Curls

22        HCS SCS SB 1008 - Ervin

23        SCS SB 1009, E.C. - Wasson

24        SB 1016 - Pratt

25        HCS SCS SB 1033 - Sutherland

26        HCS SCS SB 1039 - Weter

27        SCS SB 1044 - McGhee

28        SB 1061 - Cooper (120)

29        SB 1073 - Faith

30        HCS SCS SB 1131 - Curls

31        HCS SB 1135 - Curls

32        SCS SB 1150 - Lembke

33        HCS SCS SBs 1153, 1154, 1155 & 1156 - Viebrock

34        SCS SB 1168 - Scharnhorst

35        SB 1177 - Cooper (155)

36        SB 1187 - Pollock

37        SB 1190 - Wasson

38        SCS SB 1235 - Pratt

SENATE BILLS FOR THIRD READING

1          HCS SCS SB 942 - Quinn (7)

2          HCS SB 1010 - Stevenson

3          HCS SB 932 - Grisamore

4          SB 955 - Wildberger

5          SB 970 - May

6          HCS SB 1175 - Cox

7          HCS SS SCS SB 711 - Sutherland

8          HCS SB 1288, E.C. - Cooper (120)

9          HCS SCS SB 901 - Hunter

10        SB 1038 - Cox

11        SB 885 - Cooper (120)

12        SS SCS SB 1059 - Pearce

13        SCS SB 1157, E.C. - Walsh

14        HCS SCS SBs 1034 & 802, E.C. - Kraus

15        SS SCS SBs 714, 933, 899 & 758, E.C. - Bruns

16        HCS SS SCS SBs 818 & 795 - Smith (14)

17        HCS SCS SB 720 - Smith (150)

18        HCS SCS SBs 754 & 794 - Lipke

19        HCS SCS SB 765, E.C. - Schneider

20        SS SCS SB 768, (Fiscal Review 5-05-08) - Scharnhorst

21        HCS SS SCS SB 778, (Fiscal Review 5-05-08) - Cooper (155)

22        SCS SB 873 - Pratt

23        HCS SCS SBs 930 & 947, (Fiscal Review 5-05-08) - St. Onge

24        SCS SB 1139 - Stevenson

25        SS SB 1159 - Pratt

26        HCS SCS SB 1209, (Fiscal Review 5-05-08), E.C. - Sutherland

HOUSE BILLS WITH SENATE AMENDMENTS

1          SS SCS HB 2224 - Jones (117)

2          SS HB 1678, as amended - Day

3          SS#2 SCS HCS HB 1619, as amended - Jones (117)

4          SS SCS HCS HB 2393, as amended - Richard

5          SCS HCS HB 2034, as amended - Munzlinger

6          SS SCS HB 1384 & HB 2157 - Cox

BILLS CARRYING REQUEST MESSAGES

1          SB 1068, HA 1, HA 3 (request House recede/grant conference/exceed differences) - Sater

2          HCS SB 1074, as amended, (request House recede/grant conference) - Smith (14)

BILLS IN CONFERENCE

1          CCR SCS HB 2004 - Icet

2          CCR SCS HCS HB 2005 - Icet

3          CCR SCS HCS HB 2006 - Icet

4          CCR SCS HCS HB 2007 - Icet

5          CCR SCS HCS HB 2008 - Icet

6          CCR SCS HCS HB 2009 - Icet

7          CCR SCS HCS HB 2010 - Icet

8          CCR SCS HCS HB 2011 - Icet

9          CCR SCS HCS HB 2012 - Icet

10        CCR SCS HCS HB 2013 - Icet

11        CCR HCS SS SCS SB 931, as amended - Munzlinger

12        HCS SB 841, as amended - St. Onge

13        HCS SB 958 - Schad

14        HCS SCS SB 724, as amended - Jones (117)

SENATE CONCURRENT RESOLUTIONS

1          SCR 40, (4-14-08, Pages 914-915) - Pratt

2          SCR 31, (4-24-08, Page 1164) - Loehner

HOUSE RESOLUTION

HR 185, (4-30-08, Page 1248) - Jones (117)