Journal of the House


First Regular Session, 95th General Assembly




TENTH DAY, Monday, January 26, 2009

The House met pursuant to adjournment.


            Speaker Pro Tem Pratt in the Chair.


            Prayer by Reverend James Earl Jackson.


              Lord God, You are He Who judges: humbling one and exalting another.


              Holy God, You reign in power and majesty over all things. You rule in sovereignty and perfect authority over all the affairs of our lives. You call out and lift up those You desire to rule, and You enable and empower them to serve at Your pleasure.


              Today, we thank You for revealing Your plan, for our state, through seen and unseen events. Let us catch a glimpse of Your destiny for us as a state and as a people. May we embrace Your purpose for us and tirelessly pursue it.


              Grant us the privilege of effectively serving our communities and thank You for allowing us to see the potential and greatness of our state. Encourage each one of us, today, through the power of Your Spirit.


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


            The Pledge of Allegiance to the flag was recited.


            The Journal of the ninth day was approved as corrected.


HOUSE RESOLUTIONS


            Representative Jones (89) offered House Resolution No. 226.

            Representatives Brandom and Kander offered House Resolution No. 249.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 220 through House Resolution No. 225

            House Resolution No. 227 through House Resolution No. 248


HOUSE CONCURRENT RESOLUTIONS


            Representative Low, et al., offered House Concurrent Resolution No. 15.

            Representative Tracy, et al., offered House Concurrent Resolution No. 16.




SECOND READING OF HOUSE BILLS


            HB 353 through HB 392 were read the second time.


THIRD READING OF HOUSE CONCURRENT RESOLUTION


            HCR 5, relating to compensation for elected officials, was taken up by Representative McGhee.


             Representative Talboy offered House Amendment No. 1.


            Representative Parson raised a point of order that House Amendment No. 1 goes beyond the scope of the resolution.


            The Chair ruled the point of order well taken.


            Representative Salva requested a division of the question on HCR 5.


            The division of the question was denied by the Chair.


            Representative Burnett made a privileged motion to lay HCR 5 on the table.


            Which motion was defeated by the following vote:


AYES: 032

 

 

 

 

 

 

 

 

 

Atkins

Bringer

Brown 50

Burnett

Calloway

Casey

Colona

Dougherty

Grill

Holsman

Hoskins 80

Hughes

Hummel

Kratky

LeVota

Liese

Low

McDonald

Morris

Nasheed

Norr

Pace

Quinn

Skaggs

Spreng

Talboy

Vogt

Walsh

Walton Gray

Wildberger

Witte

Yaeger

 

 

 

 

 

 

 

 

NOES: 128

 

 

 

 

 

 

 

 

 

Allen

Aull

Biermann

Bivins

Brandom

Brown 30

Brown 73

Brown 149

Bruns

Burlison

Carter

Chappelle-Nadal

Cooper

Corcoran

Cox

Cunningham

Curls

Davis

Day

Deeken

Denison

Dethrow

Dieckhaus

Diehl

Dixon

Dugger

Dusenberg

Emery

Englund

Ervin

Faith

Fallert

Fischer 107

Fisher 125

Flanigan

Flook

Frame

Franz

Funderburk

Gatschenberger

Guernsey

Guest

Harris

Hobbs

Hodges

Hoskins 121

Icet

Jones 63

Jones 89

Jones 117

Kander

Keeney

Kelly

Kingery

Kirkton

Koenig

Komo

Kraus

Kuessner

Lair

Lampe

Largent

Leara

LeBlanc

Lipke

Loehner

McClanahan

McGhee

McNary

McNeil

Meiners

Molendorp

Munzlinger

Nance

Nieves

Nolte

Oxford

Parkinson

Parson

Pollock

Pratt

Riddle

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schoeller

Schoemehl

Schupp

Self

Shively

Silvey

Smith 14

Smith 150

Stevenson

Still

Storch

Stream

Sutherland

Swinger

Thomson

Tilley

Todd

Tracy

Viebrock

Wallace

Wasson

Webb

Webber

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright

Yates

Zerr

Zimmerman

Mr Speaker

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 003

 

 

 

 

 

 

El-Amin

Grisamore

Meadows

 

 


            On motion of Representative McGhee, HCR 5 was read the third time and passed by the following vote:


AYES: 129

 

 

 

 

 

 

 

 

 

Allen

Aull

Biermann

Bivins

Brandom

Brown 30

Brown 73

Brown 149

Bruns

Burlison

Calloway

Carter

Casey

Chappelle-Nadal

Cooper

Corcoran

Cox

Cunningham

Davis

Day

Deeken

Denison

Dethrow

Dieckhaus

Diehl

Dixon

Dugger

Dusenberg

Emery

Englund

Ervin

Faith

Fallert

Fischer 107

Fisher 125

Flanigan

Frame

Franz

Funderburk

Gatschenberger

Grill

Guernsey

Guest

Harris

Hobbs

Hodges

Holsman

Hoskins 121

Icet

Jones 117

Kander

Keeney

Kelly

Kingery

Kirkton

Koenig

Komo

Kratky

Kraus

Kuessner

Lair

Lampe

Largent

Leara

Lipke

Loehner

McClanahan

McGhee

McNary

McNeil

Molendorp

Morris

Munzlinger

Nance

Nasheed

Nieves

Nolte

Norr

Oxford

Parkinson

Parson

Pollock

Pratt

Quinn

Riddle

Roorda

Rucker

Ruestman

Ruzicka

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schoeller

Schoemehl

Schupp

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Still

Storch

Stream

Sutherland

Swinger

Thomson

Tilley

Todd

Tracy

Viebrock

Wallace

Wasson

Webber

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright

Yates

Zerr

Zimmerman

Mr Speaker

 

 

 

 

 

 

NOES: 031

 

 

 

 

 

 

 

 

 

Atkins

Bringer

Brown 50

Burnett

Colona

Curls

Dougherty

Flook

Hoskins 80

Hughes

Hummel

Jones 63

Jones 89

LeBlanc

LeVota

Liese

Low

McDonald

Meiners

Pace

Salva

Spreng

Stevenson

Talboy

Vogt

Walsh

Walton Gray

Webb

Wildberger

Witte

Yaeger

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 003

 

 

 

 

 

 

El-Amin

Grisamore

Meadows

 

 


            Speaker Pro Tem Pratt declared the bill passed.


ESCORT COMMITTEES


            The Speaker appointed the following committee to act with a like committee from the Senate pursuant to HCR 10: Representatives Zerr, McNary, Riddle, Gatschenberger, Schlottach, Schoeller, Scavuzzo, Yaeger, Harris and Brown (50).


            The Speaker appointed the following committee to act with a like committee from the Senate pursuant to HCR 11: Representatives Diehl, Jones (89), Stevenson, Cox, Flook, Pratt, Talboy, Grill, Bringer and Storch.


RE-REFERRAL OF HOUSE BILL


            The following House Bill was re-referred to the Committee indicated:


HB 310 - Local Government


INTRODUCTION OF HOUSE CONCURRENT RESOLUTION


            The following House Concurrent Resolution was read the first time and copies ordered printed:


HCR 14, introduced by Representatives Low, Holsman, Curls, McClanahan, Jones (63), Oxford, Morris, Zimmerman, Storch, Kander, Walton Gray, Pace, Webb, Lampe and Yaeger, relating to the Missouri child poverty council.


INTRODUCTION OF HOUSE JOINT RESOLUTION


            The following House Joint Resolution was read the first time and copies ordered printed:


HJR 16, introduced by Representatives Davis, Sander, Funderburk, Koenig, Cooper, Wells and Scharnhorst, relating to protection of parental rights.




INTRODUCTION OF HOUSE BILLS


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


HB 393, introduced by Representatives Schoeller, Lampe, Schieffer, McGhee, Denison, Viebrock, Cunningham, Wasson, Burlison, Parkinson, Jones (89), Norr and Dixon, relating to child abuse and neglect.


HB 394, introduced by Representative Skaggs, relating to state buildings.


HB 395, introduced by Representatives Nance, Nolte, Atkins and Denison, relating to MO HealthNet long-term care transition grants.


HB 396, introduced by Representative Nance, relating to the service of summons and petition.


HB 397, introduced by Representative Flook, relating to police retirement.


HB 398, introduced by Representatives Flook, Jones (89) and Burnett, relating to the admissibility of medical treatment evidence.


HB 399, introduced by Representative Schaaf, relating to dealer license plates for wholesale motor vehicle dealers operated in conjunction with wholesale motor vehicle auctions by the same owner.


HB 400, introduced by Representatives Nasheed, Tilley, Curls, Carter, Fischer (107), Casey, Roorda, Englund, Schupp, McNeil, Morris, Aull, Witte, Grill, Harris, Calloway, Frame, Wildberger, Walsh, Meiners, Kelly, Lampe, Biermann, Liese, Norr, Schieffer, Wilson (119), Denison, Wood, Hobbs, Hummel, Jones (63), LeVota, Oxford, Pace, Walton Gray, Brown (50), Flook, Nieves, Chappelle-Nadal, Dougherty, Talboy, Storch and Holsman, relating to free parking for certain veterans.


HB 401, introduced by Representatives Schaaf and Cooper, relating to hospital patient safety.


HB 402, introduced by Representative Franz, relating to banking institution tax credits.


HB 403, introduced by Representatives Franz, Stevenson, Norr, Sander, Wright, Denison and Pollock, relating to international parental child abduction.


HB 404, introduced by Representatives Franz and Pollock, relating to county inmate work and service programs.


HB 405, introduced by Representatives Low, Lampe, Oxford, Nasheed, Carter, Yaeger, Schupp, Kirkton, McClanahan, Schoemehl, McNeil, Jones (63), Atkins, Brown (73), Chappelle-Nadal, Morris, Skaggs, Storch, Walton Gray, Pace, Webb, Corcoran and Webber, relating to equal employment practices.


HB 406, introduced by Representatives Low, Jones (63), Morris, Walton Gray and Yaeger, relating to paid sick days.


HB 407, introduced by Representatives Low, Jones (63), Morris and Walton Gray, relating to paid family leave.


HB 408, introduced by Representatives Low, McNeil, Skaggs, Grill, Storch, Kander, Brown (73), Walton Gray, Corcoran, Pace and Lampe, relating to product safety for children.


HB 409, introduced by Representatives Low, Oxford, Skaggs, Zimmerman and Walton Gray, relating to school buses.


HB 410, introduced by Representatives Low, Holsman, Oxford, Kander, Zimmerman, Walton Gray, Pace, Corcoran and Lampe, relating to the sale of toxic toys.


HB 411, introduced by Representatives Low, Oxford, Zimmerman, Kander, Walton Gray and Lampe, relating to drivers' licenses.


HB 412, introduced by Representatives Low, Oxford, Skaggs, Zimmerman, Kander, Walton Gray and Yaeger, relating to lenders of unsecured loans.


HB 413, introduced by Representatives Low, Jones (63), Schieffer, Oxford, Morris, Skaggs, Grill, Zimmerman, Kander, Brown (73), Walton Gray, Pace, Corcoran, Lampe and Yaeger, relating to health insurance coverage for cervical cancer testing.


HB 414, introduced by Representatives Low, McNeil, Oxford, Morris, Wildberger, Skaggs, Zimmerman, Storch, Kander, Walton Gray, Pace, Kratky, Corcoran, Lampe and Yaeger, relating to victims of sexual rape or sexual assault.


HB 415, introduced by Representatives Bruns, Walsh, Roorda, Yaeger, Wilson (130), Funderburk, Munzlinger, Schad, Ruestman, Grisamore and Jones (117), relating to the crime victims' compensation fund.


HB 416, introduced by Representatives Pratt, Tilley, Nieves, Bruns, Jones (117), McGhee, Wildberger, Roorda, Franz, Salva, Meadows, Atkins, Corcoran, Scharnhorst, Jones (89), Schoeller, Diehl, Molendorp and Leara, relating to fire department employee residency requirements.


HB 417, introduced by Representatives Scharnhorst, Nieves, Hoskins, Bivins, Tilley, Jones (89), McGhee, Jones (117), Lipke, Pratt, Dougherty, Smith (14), Day, Davis, Franz, Stream, Dieckhaus, Icet, Stevenson, Nolte, Schaaf, McNary, Zerr, Diehl, Gatschenberger, Brown (73), Dixon and Funderburk, relating to the Missouri special needs scholarship tax credit program.


HB 418, introduced by Representatives Ervin and Flook, relating to small businesses.


HB 419, introduced by Representatives Viebrock and Stevenson, relating to child support liens.


HB 420, introduced by Representatives Viebrock and Smith (150), relating to impoundment of animals.


HB 421, introduced by Representative Viebrock, relating to election offenses of the third and fourth classes.


HB 422, introduced by Representatives Yates, Nance, Dusenberg, Wallace, Faith, Kraus, Ruestman, Cooper, McGhee, Schaaf, Bivins, Allen, Yaeger and Atkins, relating to the uninsured motorists.


HB 423, introduced by Representative Yates, relating to insurance identification cards.


HB 424, introduced by Representatives Davis, Sander, Funderburk, Koenig, Cooper, Wells and Scharnhorst, relating to the fundamental right of parents to rear their children.


HB 425, introduced by Representatives Cooper, Schaaf, Ruestman and Stevenson, relating to licensure for tattooing, permanent cosmetics, body piercing and branding.


MESSAGES FROM THE SENATE


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following committee to act with a like committee from the House pursuant to HCR 10: Senators Bray, Callahan, Days, Dempsey, Engler, Goodman, Green, Scott, Stouffer and Shields.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following committee to act with a like committee from the House pursuant to HCR 11: Senators Bartle, Callahan, Cunningham, Days, Justus, Lembke, Mayer, Schaefer, Schmitt and Smith.


            The following member's presence was noted: Grisamore.


ADJOURNMENT


            On motion of Representative Tilley, the House adjourned until 10:00 a.m., Tuesday, January 27, 2009.


CORRECTIONS TO THE HOUSE JOURNAL


            Correct House Journal, Ninth Day, January 22, 2009, Page 139, Line 25, by deleting "Tracy", and inserting in lieu thereof "Smith (150)".


            Page 141, Line 2, by deleting "Guersney", and inserting in lieu thereof "Guernsey".




COMMITTEE MEETINGS


AGRICULTURE POLICY

Thursday, January 29, 2009, 8:00 a.m. Hearing Room 6.

Organizational meeting.


APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Tuesday, January 27, 2009, 2:00 p.m. Hearing Room 4.

Department of Conservation new decision items from FY'08 and FY'09.

Continuation of Department of Agriculture new decision items from FY'09.


APPROPRIATIONS - EDUCATION

Wednesday, January 28, 2009, 2:00 p.m. Hearing Room 1.

Public testimony.

Testimony to be heard in sign up order.


APPROPRIATIONS - GENERAL ADMINISTRATION

Tuesday, January 27, 2009, 12:00 p.m. Hearing Room 3.

Public Testimony for the Missouri Department of Revenue and Missouri Lottery.


APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Tuesday, January 27, 2009, 2:00 p.m. Hearing Room 5.

Discussion with Missouri Department of Mental Health

regarding 2009 New Decision Items.


APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Wednesday, January 28, 2009, 2:00 p.m. Hearing Room 5.

Discussion with Missouri Department of Health and Senior Services

regarding 2009 New Decision Items.


APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Thursday, January 29, 2009, 8:00 a.m. Hearing Room 5.

Discussion with Missouri Department of Social Services regarding

2009 New Decision Items.


APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Tuesday, January 27, 2009, 2:00 p.m. Hearing Room 3.

Public testimony. CANCELLED


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.


CRIME PREVENTION

Wednesday, January 28, 2009, 12:00 p.m. Hearing Room 5.

Public hearing to be held on: HB 62


ELEMENTARY AND SECONDARY EDUCATION

Wednesday, January 28, 2009, 8:00 a.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 96, HB 242


ENERGY AND ENVIRONMENT

Tuesday, January 27, 2009, 8:00 a.m. Hearing Room 1.

Organizational meeting.


ETHICS

Tuesday, January 27, 2009, 2:00 p.m. Hearing Room 1.

HR 193 Rules of Procedure.

Executive session.


HIGHER EDUCATION

Tuesday, January 27, 2009, 8:00 a.m. Hearing Room 6.

Organizational meeting.


JOB CREATION AND ECONOMIC DEVELOPMENT

Tuesday, January 27, 2009, 3:00 p.m. Hearing Room 1.

Executive session may follow. CORRECTED

Public hearings to be held on: HB 189, HB 190, HB 191, HB 312


LOCAL GOVERNMENT

Wednesday, January 28, 2009, 8:00 a.m. Hearing Room 7.

Public hearing to be held on: HB 322


SPECIAL STANDING COMMITTEE ON CHILDREN AND FAMILIES

Wednesday, January 28, 2009, 8:15 a.m. Hearing Room 1.

Executive session may follow. CANCELLED

Public hearing to be held on: HB 30


SPECIAL STANDING COMMITTEE ON GENERAL LAWS

Tuesday, January 27, 2009, 12:00 p.m. Hearing Room 4.

Executive session may follow.

Public hearing to be held on: HB 169


TRANSPORTATION

Tuesday, January 27, 2009, 12:00 p.m. Hearing Room 7.

Organizational meeting.

Presentation on transportation issues.




VETERANS

Tuesday, January 27, 2009, 1:00 p.m. Hearing Room 5.

This will also be an organizational meeting.

Executive session may follow.

Public hearings to be held on: HB 111, HB 270


HOUSE CALENDAR


ELEVENTH DAY, TUESDAY, JANUARY 27, 2009


HOUSE CONCURRENT RESOLUTION FOR SECOND READING


HCR 14


HOUSE JOINT RESOLUTION FOR SECOND READING


HJR 16


HOUSE BILLS FOR SECOND READING


HB 393 through HB 425