Journal of the House


First Regular Session, 95th General Assembly




EIGHTH DAY, Wednesday, January 21, 2009

The House met pursuant to adjournment.


            Speaker Pro Tem Pratt in the Chair.


            Prayer by Reverend James Earl Jackson.


              Holy God, acknowledge Your written Word which states; "an honorable person acts honestly and stands firm for what is right."


              O Mighty and Awesome God, You are the God of the past, present and future, and You see all of time and history in perfect harmony. You are kind and gracious as You guide us in our ways.


              May we be guided by You in all our choices. We pray for a good and prosperous week, covered by Your grace and mercy. May the work done in this assembly, continue to honor You in every way.


              Now Lord, God, deal with us kindly as we proceed with the business of the day. Give us answers to the questions that lie before us. May we rest in the assurance that Your presence is in this place.


              All glory, majesty, power and authority belong to You.


              We ask these things in the name of Your Son. Amen.


            The Pledge of Allegiance to the flag was recited.


            The Journal of the seventh day was approved as printed by the following vote:


AYES: 145

 

 

 

 

 

 

 

 

 

Allen

Atkins

Aull

Biermann

Bivins

Brandom

Brown 30

Brown 73

Brown 149

Bruns

Burlison

Carter

Casey

Chappelle-Nadal

Colona

Cooper

Corcoran

Cox

Cunningham

Davis

Day

Deeken

Denison

Dethrow

Dieckhaus

Diehl

Dixon

Dougherty

Dugger

Dusenberg

El-Amin

Emery

Englund

Ervin

Faith

Fallert

Fischer 107

Fisher 125

Flanigan

Flook

Frame

Franz

Funderburk

Gatschenberger

Grill

Guernsey

Guest

Harris

Hobbs

Hodges

Holsman

Hoskins 80

Hoskins 121

Hughes

Hummel

Icet

Jones 89

Jones 117

Kander

Keeney

Kelly

Kingery

Kirkton

Koenig

Komo

Kratky

Kraus

Kuessner

Lair

Largent

Leara

LeBlanc

Liese

Lipke

Loehner

McClanahan

McDonald

McGhee

McNary

McNeil

Meadows

Meiners

Molendorp

Morris

Munzlinger

Nance

Nasheed

Nieves

Nolte

Norr

Oxford

Pace

Parkinson

Parson

Pollock

Pratt

Quinn

Riddle

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schoeller

Schoemehl

Schupp

Self

Shively

Silvey

Smith 14

Smith 150

Spreng

Stevenson

Still

Stream

Sutherland

Swinger

Thomson

Tilley

Todd

Tracy

Viebrock

Wallace

Walsh

Wasson

Webb

Wells

Weter

Wildberger

Wilson 119

Wilson 130

Wood

Wright

Yaeger

Yates

Zerr

Zimmerman

Mr Speaker

 

 

 

 

 

NOES: 007

 

 

 

 

 

 

 

 

 

Bringer

Burnett

Calloway

Low

Talboy

Vogt

Witte

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 011

 

 

 

 

 

 

Brown 50

Curls

Grisamore

Jones 63

Lampe

LeVota

Sander

Skaggs

Storch

Walton Gray

Webber

 

 

 

 


SPECIAL RECOGNITION


            The Missouri Society of Certified Public Accountants was introduced by Representatives Hoskins (121) and Wright and presented a resolution for their 100th year of service in the field of accountancy.


HOUSE RESOLUTION


            Representative Davis offered House Resolution No. 155.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 154

            House Resolution No. 156 through House Resolution No. 187


HOUSE CONCURRENT RESOLUTION


            Representative Burnett offered House Concurrent Resolution No. 12.


SECOND READING OF HOUSE BILLS


            HB 323 through HB 330 were read the second time.




COMMITTEE REPORT


            Mr. Speaker: Your Committee on Rules, to which was referred HCR 5, begs leave to report it has examined the same and recommends that it Do Pass.


HOUSE CONCURRENT RESOLUTION NO. 5


AN ACT


Relating to disapproving the recommendations of the Missouri

Citizens' Commission on Compensation for Elected Officials.


              WHEREAS, Article XIII, Section 3 of the Missouri Constitution charges the Missouri Citizens' Commission on Compensation for Elected Officials with setting the amounts of compensation paid to statewide elected officials, legislators, and judges; and


              WHEREAS, the Constitution provides the Commission with a four-month window prior to its constitutional deadline for making salary recommendations to hold public hearings around the state to gather testimony related to salaries for affected state officials and to carefully consider whether pay increases are warranted; and


              WHEREAS, the Missouri Citizens' Commission on Compensation of Elected Officials has recommended that statewide elected officials, legislators, and judges receive a cost-of-living adjustment only if a cost-of-living adjustment is approved by the Missouri General Assembly for all state employees; and


              WHEREAS, in addition, the Commission recommended a pay increase of $1,500 annually to each of the state's associate circuit court judges and that judges be allowed a per diem for attending an annual three-day judicial conference which equals the per diem received by member of the Missouri General Assembly. Such recommendations are not contingent upon the approval of a cost-of-living adjustment for all state employees; and


              WHEREAS, the Commission's recommendations shall take effect unless disapproved by the General Assembly through a concurrent resolution process passed by two-thirds majorities in each legislative chamber before February 1, 2009:


              NOW, THEREFORE, BE IT RESOLVED by the members of the House of Representatives of the Ninety-fifth General Assembly, First Regular Session, the Senate concurring therein, that the recommendations of the Missouri Citizens' Commission on Compensation for Elected Officials be disapproved; and


              BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for Governor Jay Nixon.


INTRODUCTION OF HOUSE BILLS


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


HB 331, introduced by Representatives Faith, Nasheed, McGhee, Wright, Wells and McNeil, relating to the Missouri GED+ Program.


HB 332, introduced by Representative Cunningham, relating to military scholarships.


HB 333, introduced by Representatives Burnett, Stevenson, Grill, Low, Holsman, Talboy and Vogt, relating to limited liability companies.


HB 334, introduced by Representatives Burnett and Stevenson, relating to municipal ordinance violations.


HB 335, introduced by Representatives Burnett and Stevenson, relating to driver's license suspensions.


HB 336, introduced by Representatives Burnett, Yaeger, Grill, Low, Talboy, Vogt, Corcoran, Lampe and Nasheed, relating to debt-management services.


HB 337, introduced by Representatives El-Amin, Webb, Wildberger, McGhee, Pace, Schieffer, Brown (50), Atkins and Still, relating to tampering with or intimidating victims and witnesses.


HB 338, introduced by Representative Kelly, relating to transient guest taxes for certain cities.


HB 339, introduced by Representatives El-Amin, Jones (63), Schaaf, Colona, McGhee, Low, Brown (50), Pace, Roorda, Carter and Webb, relating to the stop HIV/AIDS in prison act.


HB 340, introduced by Representative Cunningham, relating to holidays.


HB 341, introduced by Representative Cunningham, relating to teacher and school employee retirement systems.


HB 342, introduced by Representatives El-Amin, Jones (63), Colona, Low, Still, Pace, Schieffer, McGhee, Carter, Nasheed and Webb, relating to prostate cancer imaging technologies.


HB 343, introduced by Representatives El-Amin, Munzlinger, Low, Atkins, Brown (50) and Pace, relating to drivers' licenses.


HB 344, introduced by Representatives Nolte, Ruestman and Emery, relating to alcohol beverage vaporizers.


HB 345, introduced by Representatives Scharnhorst, Tilley, Fisher (125), Schad, Leara, Gatschenberger, Nieves and Brown (30), relating to public holidays.


HB 346, introduced by Representatives Schieffer, Kander, Oxford, Schupp, LeBlanc, Norr, Biermann, Still, Hodges, Nolte, Wilson (119), Kuessner, Calloway, Fallert, Colona, Komo, Corcoran, Walsh and Meadows, relating to deceptive advertising practices.


HB 347, introduced by Representative Schlottach, relating to Missouri retirement systems.


HB 348, introduced by Representatives Parkinson, Jones (89), Ruestman, Nieves, Funderburk, Silvey and Cox, relating to an income tax deduction for school supplies.


HB 349, introduced by Representatives Parkinson, Nance, Nieves and Atkins, relating to driver's licenses and identification for persons who are permanently disabled.


HB 350, introduced by Representatives Parkinson, Smith (14), Jones (89), Cox, Scharnhorst, Nieves, Funderburk and Atkins, relating to unauthorized aliens.


HB 351, introduced by Representatives Parkinson, Yates, Smith (14), Brown (30), Cox, Kraus and Ruestman, relating to the sentencing of felons.


HB 352, introduced by Representatives Cooper, Weter, Sater, Kirkton and Schaaf, relating to the licensing of tanning facilities.


WITHDRAWAL OF HOUSE BILL


January 21, 2009


Mr. D. Adam Crumbliss

Chief Clerk

Missouri House of Representatives

State Capitol, Room 306-C

Jefferson City, MO 65101


Dear Mr. Crumbliss:


I would like to request that House Bill No. 145 be withdrawn. Thank you for your help in this matter, and I look forward to any questions you might have.


Sincerely,


/s/ Leonard (Jonas) Hughes, IV

42nd District


            The following members' presence was noted: Grisamore and LeVota.


ADJOURNMENT


            On motion of Representative Tilley, the House adjourned until 10:00 a.m., Thursday, January 22, 2009.


COMMITTEE MEETINGS


APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Thursday, January 22, 2009, 8:00 a.m. Hearing Room 3.

Review of Departments of Natural Resources and Conservation.

New decision items from previous year budgets.


APPROPRIATIONS - EDUCATION

Thursday, January 22, 2009, 8:00 a.m. Hearing Room 1.

Organizational meeting/public testimony.

Testimony to be heard in sign up order.




APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Thursday, January 22, 2009, 8:00 a.m. Hearing Room 5.

Public and provider testimony.

Testimony to be heard in sign-up order. Please call 573-751-1480.


APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, January 27, 2009, 8:00 a.m. Hearing Room 3.

Public testimony for the Departments of Economic Development, Insurance, Labor and Industrial

Relations and the Missouri Department of Transportation.


BUDGET

Wednesday, January 28, 2009, 8:00 a.m. Hearing Room 3.

Organizational meeting.


INTERIM COMMITTEE ON EMERGING ISSUES IN AGRICULTURE

Monday, January 26, 2009, 1:00 p.m. Hearing Room 1.

Review and finalize committee's report.


JOINT COMMITTEE ON LEGISLATIVE RESEARCH

Monday, January 26, 2009, 2:30 p.m. Senate Committee Room 1.

Quarterly business meeting.

Presentation of Oversight Program Evaluation Reports.

Some portions of the meeting may be closed pursuant to Section 610.021.


HOUSE CALENDAR


NINTH DAY, THURSDAY, JANUARY 22, 2009


HOUSE BILLS FOR SECOND READING


HB 331 through HB 352


HOUSE CONCURRENT RESOLUTION FOR THIRD READING


HCR 5, (1-21-09) - McGhee