Journal of the House

First Regular Session, 95th General Assembly

SEVENTEENTH DAY, Thursday, February 5, 2009

The House met pursuant to adjournment.

            Speaker Pro Tem Pratt in the Chair.

            Prayer by Msgr. Donald W. Lammers.

              Blessed are You, Almighty God! We thank You for the bright sunshine and for the comfort of this day. May our work today and always honor You by remaining anchored to the foundation of justice.

Justice and judgment are the foundation of your throne;

Kindness and truth go before you.

(Psalm 89:15)

              We pray for Your grace and clarity of thought to discern what is just as we go about our work today. We pray for all those in positions of power and authority, that they give as much attention to what is just as to what is legal. In this way, may their work and our work honor You and truly serve the people.

              We pray to You, our 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: Kelli Douglas, Haley Anderson, Kyle Skinner, Betsy Bouldin, Ariana Calderaro, Macklin Frederick, Donnie Harn, Amanda Lewis, Lance Smith, Nathan Sparks, Jami Stanford, Ryan Thoroman, Brittney Van Winkle, Megan Wellman and Ella Rainier Hollis.

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

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 371 through House Resolution No. 387

HOUSE CONCURRENT RESOLUTIONS

            Representative Hoskins (121), et al., offered House Concurrent Resolution No. 22.

            Representative Roorda, et al., offered House Concurrent Resolution No. 23.

SECOND READING OF HOUSE CONCURRENT RESOLUTION

            HCR 21 was read the second time.

SECOND READING OF HOUSE BILLS

            HB 581 through HB 600 were read the second time.

COMMITTEE REPORT

            Committee on Fiscal Review, Chairman Faith reporting:

            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS HB 191 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

THIRD READING OF HOUSE BILL

            HCS HB 191, relating to job development, was taken up by Representative Flook.

            Representative Jones (89) assumed the Chair.

            Speaker Pro Tem Pratt resumed the Chair.

            Representative Icet assumed the Chair.

            On motion of Representative Flook, HCS HB 191 was read the third time and passed by the following vote:

            Representative Icet declared the bill passed.

            Speaker Pro Tem Pratt resumed the Chair.

            The emergency clause was adopted by the following vote:

REFERRAL OF HOUSE CONCURRENT RESOLUTIONS

            The following House Concurrent Resolutions were referred to the Committee indicated:

HCR 4 - Special Standing Committee on Emerging Issues in Animal Agriculture

HCR 12 - Veterans

HCR 19 - Agri-Business

REFERRAL OF HOUSE JOINT RESOLUTION

            The following House Joint Resolution was referred to the Committee indicated:

HJR 23 - Budget

REFERRAL OF HOUSE BILLS

            The following House Bills were referred to the Committee indicated:

HB 29 - Judiciary

HB 32 - Special Standing Committee on Children and Families

HB 36 - Ways and Means

HB 37 - Special Standing Committee on Professional Registration and Licensing

HB 39 - Homeland Security

HB 40 - Special Standing Committee on Professional Registration and Licensing

HB 41 - Transportation

HB 44 - Agriculture Policy

HB 46 - Special Standing Committee on Children and Families

HB 54 - Insurance Policy

HB 61 - Special Standing Committee on Health Insurance

HB 82 - Veterans

HB 94 - Small Business

HB 95 - Healthcare Transformation

HB 100 - Real ID and Personal Privacy

HB 101 - Ways and Means

HB 102 - Ways and Means

HB 105 - Crime Prevention

HB 120 - Job Creation and Economic Development

HB 124 - Homeland Security

HB 127 - Special Standing Committee on Emerging Issues in Animal Agriculture

HB 131 - Crime Prevention

HB 162 - Small Business

HB 164 - Crime Prevention

HB 165 - Transportation

HB 167 - Crime Prevention

HB 173 - Elections

HB 193 - Local Government

HB 210 - Retirement

HB 211 - Corrections and Public Institutions

HB 213 - Transportation

HB 214 - Retirement

HB 218 - Special Standing Committee on Health Insurance

HB 223 - Small Business

HB 229 - Special Standing Committee on Health Insurance

HB 232 - Special Standing Committee on Health Insurance

HB 234 - Rural Community Development

HB 244 - Special Standing Committee on General Laws

HB 251 - Special Standing Committee on Emerging Issues in Animal Agriculture

HB 255 - Corrections and Public Institutions

HB 256 - Judiciary

HB 261 - Local Government

HB 300 - Transportation

HB 304 - Elementary and Secondary Education

HB 305 - Elementary and Secondary Education

HB 306 - Local Government

HB 315 - Judiciary

HB 317 - Judiciary

HB 320 - Homeland Security

HB 329 - Ways and Means

HB 345 - Tourism

HB 353 - Ways and Means

HB 362 - Corrections and Public Institutions

HB 393 - Special Standing Committee on Children and Families

HB 396 - Judiciary

HB 403 - Judiciary

HB 404 - Corrections and Public Institutions

HB 416 - Local Government

HB 426 - Agriculture Policy

HB 432 - Ways and Means

HB 434 - Special Standing Committee on Children and Families

HB 438 - Special Standing Committee on Urban Issues

HB 447 - Public Safety

HB 454 - Veterans

HB 455 - Veterans

HB 458 - Special Standing Committee on Professional Registration and Licensing

HB 459 - Healthcare Transformation

HB 460 - Local Government

HB 467 - Special Standing Committee on Health Insurance

HB 475 - Judiciary

HB 477 - Retirement

HB 478 - Retirement

HB 483 - Veterans

HB 485 - Public Safety

HB 486 - Judiciary

HB 487 - Crime Prevention

HB 488 - Elementary and Secondary Education

HB 490 - Elementary and Secondary Education

HB 494 - Tax Reform

HB 496 - Crime Prevention

HB 497 - Special Standing Committee on Health Insurance

HB 498 - Higher Education

HB 501 - Elementary and Secondary Education

HB 503 - Veterans

HB 507 - Job Creation and Economic Development

HB 509 - Elementary and Secondary Education

HB 510 - Corrections and Public Institutions

HB 513 - Special Standing Committee on Professional Registration and Licensing

HB 514 - Special Standing Committee on Professional Registration and Licensing

HB 522 - Special Standing Committee on Health Insurance

HB 537 - Corrections and Public Institutions

HB 538 - Judiciary

HB 539 - Transportation

HB 540 - Special Standing Committee on General Laws

HB 544 - Corrections and Public Institutions

HB 545 - Ways and Means

HB 547 - Elementary and Secondary Education

HB 548 - Local Government

HB 549 - Public Safety

HB 553 - Job Creation and Economic Development

HB 554 - Utilities

HB 555 - Veterans

HB 562 - Special Standing Committee on General Laws

HB 564 - Local Government

HB 565 - Elections

HB 566 - Veterans

HB 567 - Tax Reform

HB 568 - Special Standing Committee on Emerging Issues in Animal Agriculture

HB 572 - Local Government

HB 575 - Job Creation and Economic Development

HB 576 - Local Government

HB 580 - Public Safety

HB 590 - Transportation

HB 591 - Ways and Means

RE-REFERRAL OF HOUSE BILL

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

HB 387 - Elementary and Secondary Education

COMMITTEE REPORT

            Special Standing Committee on Children and Families, Chairman Davis reporting:

            Mr. Speaker: Your Special Standing Committee on Children and Families, to which was referred HR 294 and HR 212, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Substitute.

HOUSE COMMITTEE SUBSTITUTE

FOR

HOUSE RESOLUTION NOS. 294 & 212

              WHEREAS, the 111th United States Congress is considering the Freedom of Choice Act, which purports to classify abortion as a "fundamental right", equal in stature to the right of free speech and the right to vote - rights that, unlike abortion, are specifically enumerated in the United States Constitution; and

              WHEREAS, the federal Freedom of Choice Act would invalidate any "statute, ordinance, regulation, administrative order, decision, policy, practice, or other action" of any federal, state, or local government or governmental office, or any person acting under governmental authority that would "deny or interfere with a woman's right to choose" abortion, or that would "discriminate against the exercise of the right...in the regulation or provision of benefits, facilities, services, or information"; and

              WHEREAS, the federal Freedom of Choice Act would nullify any federal or state law "enacted, adopted, or implemented before, on, or after the date of its enactment" and would effectively prevent the State of Missouri from enacting similar protective measures in the future; and

              WHEREAS, the federal Freedom of Choice Act would invalidate more than 550 federal and state abortion-related laws, laws supported by the majority of the American people; and

              WHEREAS, the federal Freedom of Choice Act would specifically invalidate the following commonsense protective laws properly enacted by the State of Missouri:

              (1) A parental consent law for minors seeking an abortion;

              (2) A prohibition on government funding or use of public facilities for abortions;

              (3) Health and safety regulation for abortion facilities;

              (4) A twenty-four-hour waiting period and informed consent law that provides an opportunity to consider the gravity of a decision to abort a child;

              (5) A partial birth abortion ban (Infant's Protection Act);

              (6) A requirement that only physicians can perform or induce abortions and that such physicians maintain medical malpractice insurance;

              (7) Conscience protections for doctors and hospitals not wanting to perform or induce abortions;

              (8) A prohibition on performing or inducing abortions in order to use fetal organs or tissue for transplantation or experimentation;

              (9) Licensing of most abortion clinics as ambulatory surgical centers to ensure basic health and safety of patients;

              (10) Alternatives to abortion programs to encourage and support women who do not want abortions; and

              WHEREAS, the federal Freedom of Choice Act will not make abortion safe or rare, but will instead actively promote and subsidize abortion with federal and state tax dollars and will do nothing to ensure its safety; and

              WHEREAS, the federal Freedom of Choice Act will protect and promote the abortion industry, endanger women and their health, promote a political ideology of unregulated abortion-on-demand, and silence the voices of Americans who want to engage in a meaningful public discussion and debate over the availability, safety, and even desirability of abortion:

              NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-fifth General Assembly, hereby strongly oppose the federal Freedom of Choice Act and urge the United States Congress to summarily reject it; and

              BE IT FURTHER RESOLVED that the Missouri House of Representatives strongly opposes the federal Freedom of Choice Act because:

              (1) It seeks to circumvent the states' general legislative authority as guaranteed by the 10th Amendment of the United States Constitution;

              (2) It seeks to undermine the right and responsibility of the states and the people to debate, vote on, and determine abortion policy; and

              (3) The protection of women's health through state regulation on abortion is a compelling state interest that should not be nullified by Congress;

              (4) Its enactment would nullify laws in the State of Missouri that the Missouri General Assembly and the people of Missouri strongly support; 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 Barack Obama, President of the United States; the Majority Leader and Minority Leader of the United States Senate; the Majority Leader and Minority Leader of the United States House of Representatives; each member of the Missouri Congressional delegation; and the Clerk of the United States House of Representatives and the Secretary of the United States Senate with a request that the resolution be printed in the Congressional Record.

INTRODUCTION OF HOUSE JOINT RESOLUTION

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

HJR 26, introduced by Representatives Jones (89), Kraus, Dieckhaus, Grisamore, Nieves, Dusenberg and Schoeller, relating to property taxation.

INTRODUCTION OF HOUSE BILLS

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

HB 601, introduced by Representatives Scharnhorst, Tilley, Nieves, Pratt, Stevenson and Denison, relating to assessed valuation of real property.

HB 602, introduced by Representatives Scharnhorst, Jones (117), Nieves, Stevenson, Jones (89), Walton Gray and Pace, relating to motor vehicle sales tax.

HB 603, introduced by Representatives Leara and Munzlinger, relating to weapons offenses.

HB 604, introduced by Representatives Wood, Viebrock, Weter, Yaeger and Wasson, relating to residential and commercial septage pumpers.

HB 605, introduced by Representative Aull, relating to school funding.

HB 606, introduced by Representatives Stevenson, Flanigan, Ruestman, Flook, Wood, Rucker, Grisamore, Kirkton and Atkins, relating to mixed martial arts.

HB 607, introduced by Representative Ervin, relating to the Missouri patient privacy act.

HB 608, introduced by Representative Schaaf, relating to the small business and entrepreneurial growth act.

HB 609, introduced by Representatives Oxford, Fallert, Nasheed, Walsh, Walton Gray, Pace, Yaeger, Morris, Curls, Lampe, Kirkton, Low and Jones (63), relating to child support.

HB 610, introduced by Representatives Oxford, Nasheed, Pace, Walton Gray, Yaeger, Morris, Atkins and Low, relating to the quality early childhood act.

HB 611, introduced by Representatives Oxford, Nasheed, Walsh, Harris, Fallert, Walton Gray, Pace, Morris, McClanahan, Deeken, Curls, Low and Jones (63), relating to health insurance for adopted children.

HB 612, introduced by Representatives Oxford, Roorda, Atkins, Nasheed, Harris, Chappelle-Nadal, Fallert, Walton Gray and Morris, relating to the regional taxicab commission.

HB 613, introduced by Representatives Diehl, Cox, Jones (89), Tracy, Allen, Zerr and Hoskins (121), relating to Internet voting for members of the armed forces.

HB 614, introduced by Representatives Schaaf, Meadows, Kelly, Cooper, Deeken, Schoeller, Faith, Scharnhorst, Silvey, Gatschenberger and Dougherty, relating to health insurance co-payments and co-insurance.

HB 615, introduced by Representatives Tracy, Ruestman and Jones (117), relating to the regulation of methamphetamine precursor substances.

HB 616, introduced by Representatives Cooper, Talboy, Chappelle-Nadal, Schieffer, Meiners, Burnett, Schaaf and Casey, relating to health insurance coverage for prosthetic devices.

HB 617, introduced by Representatives Brown (149), Lair, Dieckhaus, Riddle, Flanigan, Nance, Guernsey, Day, Tracy, Franz, Loehner and Schlottach, relating to vaccination of dogs and cats against rabies.

HB 618, introduced by Representatives Brown (149), Leara, Koenig, Burlison, Munzlinger, Riddle, Cooper, Guest, Wells, Dieckhaus, Lair, Flanigan, Dethrow, Guernsey, Smith (150), Nieves, Day, Tracy, Keeney, Franz, Loehner, Schlottach and Denison, relating to concealed carry endorsements.

HB 619, introduced by Representatives Hoskins (121), Tilley, Gatschenberger, Leara, McGhee, Bruns, Tracy, Loehner, Zimmerman, Keeney, Flanigan, Pollock, Weter, Deeken, Wallace, Kraus, Scavuzzo, Smith (150), Molendorp, Largent, Wilson (119), Meadows, Riddle, Brown (50), Wood, Nolte, Viebrock, Diehl, Hummel, Dugger, Denison, Lipke, Bivins, Sander, Ruestman and Atkins, relating to the Missouri securities act.

HB 620, introduced by Representatives Hoskins (121), Largent, Dougherty and Atkins, relating to the repeal of certain taxes on licensed gaming activities.

HB 621, introduced by Representatives Meiners, McClanahan, Fallert, Corcoran, Vogt, Calloway, Casey, Chappelle-Nadal, Hughes, Storch, Oxford, Walsh, Swinger, Scavuzzo, Aull, Liese, Schieffer, Norr, Still, Brown (30), Faith, Keeney, Nasheed, Brown (50), Todd, Kratky, Hodges, Dusenberg, Wildberger, Rucker, Roorda, Webber, Kander, Salva, Spreng, McGhee, Curls, Pratt, Schaaf, Cooper, Nance, Kelly and Richard, relating to adenoid cystic carcinoma awareness day.

HB 622, introduced by Representatives Roorda, Lipke, Nasheed, Colona and Morris, relating to redaction of identifying information in court records.

HB 623, introduced by Representatives Roorda, Frame, Nasheed, Meadows, Komo, Atkins, Casey and Fallert, relating to the regulation of methamphetamine precursor substances.

HB 624, introduced by Representatives Dusenberg, Nance, Roorda, Grisamore and Sander, relating to serving search warrants for certain traffic-related offenses.

HB 625, introduced by Representatives Parkinson, Jones (89), Nieves, Ruestman and Smith (150), relating to property taxation.

HB 626, introduced by Representatives Oxford, Walsh, Nasheed, Fallert, Chappelle-Nadal, Storch, Lampe, Carter, Hoskins (80), Brown (50), Curls, Morris, Spreng, Atkins and Yaeger, relating to school class size.

HB 627, introduced by Representative Schaaf, relating to the Missouri Returning Heroes' Education Act.

HB 628, introduced by Representative Yates, relating to bail bond agents.

HB 629, introduced by Representatives Yates, Molendorp, McGhee, Faith and Dusenberg, relating to wrecker or towing services.

HB 630, introduced by Representative Wasson, relating to motor vehicle administrative fees.

HB 631, introduced by Representatives Jones (89), Nance, Dieckhaus, Colona, Brown (73), Calloway, Jones (63), Grisamore, Stream, Holsman, Kratky, Kander, Atkins, Nieves, McNeil, Sander, Carter, Webber, Zimmerman, Schad, Smith (150) and Schoeller, relating to the Missouri teaching fellows program.

HB 632, introduced by Representatives Guest, Day, Davis, Jones (89), Fisher (125), Funderburk, Wright, Keeney, Dieckhaus, McGhee, Nieves, Wilson (119), Bivins, Dethrow, Wood, Allen and Cooper, relating to the Missouri right to protection act.

ADJOURNMENT

            On motion of Representative Tilley, the House adjourned until 4:00 p.m., Monday, February 9, 2009.

COMMITTEE MEETINGS

AGRI-BUSINESS

Tuesday, February 10, 2009, 8:30 a.m. Hearing Room 4.

Presentation by commodity groups.

APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Monday, February 9, 2009, 1:00 p.m. Hearing Room 6.

Department of Agriculture overview and Governor's recommendations.

APPROPRIATIONS - GENERAL ADMINISTRATION

Tuesday, February 10, 2009, 12:00 p.m. Hearing Room 3.

Budgets to be reviewed.

Statewide Leasing, Office of Administration, Public Debt,

Office of Administration employee benefits.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Tuesday, February 10, 2009, 2:00 p.m. Hearing Room 5.

Department of Mental Health overview and

Department of Health and Senior Services overview. AMENDED

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Wednesday, February 11, 2009, 2:00 p.m. Hearing Room 5.

Department of Health and Senior Services overview and

Department of Social Services overview. AMENDED

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Thursday, February 12, 2009, 8:00 a.m. Hearing Room 5.

Continuation of the Department of Social Services overview. AMENDED

APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Tuesday, February 10, 2009, 2:00 p.m. Hearing Room 3.

Public Safety and Corrections budget presentation.

APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Wednesday, February 11, 2009, 2:00 p.m. Hearing Room 6.

Public Safety and Corrections budget presentation. CORRECTED

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, February 10, 2009, 8:00 a.m. Hearing Room 3.

Department of Economic Development budget presentation.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, February 10, 2009, Hearing Room 7 upon adjournment or 2:00 p.m., whichever is later.

Departments of Insurance, Labor and Industrial Relations budget presentations.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Wednesday, February 11, 2009, Hearing Room 7 upon adjournment or 2:00 p.m., whichever is later.

Public testimony from innovation centers.

Department of Transportation budget presentation.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, February 17, 2009, 8:00 a.m. Hearing Room 3.

Discuss Departments of Transportation, Labor and

Industrial Relations Governor's recommendations.

New decision items and core budget.

Executive session may follow.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, February 17, 2009, Hearing Room 7 upon adjournment or 2:00 p.m., whichever is later.

Continued from morning, if needed - same agenda.

Executive session may follow.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Wednesday, February 18, 2009, Hearing Room 7 upon adjournment or 2:00 p.m., whichever is later.

Discuss Department of Economic Development and

Department of Insurance Governor's recommendation.

New decision items and core budget.

Executive session may follow.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, February 24, 2009, 8:00 a.m. Hearing Room 3.

Discuss report.

Executive session may follow.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, February 24, 2009, Hearing Room 7 upon adjournment or 2:00 p.m., whichever is later.

Continued from morning, if needed - same agenda.

Discuss report.

Executive session may follow.

ELEMENTARY AND SECONDARY EDUCATION

Wednesday, February 11, 2009, 8:00 a.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 236, HB 290, HB 456

ENERGY AND ENVIRONMENT

Tuesday, February 10, 2009, 8:00 a.m. Hearing Room 1.

Possible Executive session. CORRECTED

Public hearing to be held on: HB 109

HEALTHCARE TRANSFORMATION

Tuesday, February 10, 2009, 5:00 p.m. Hearing Room 5.

Executive session may or may not follow.

We may hear testimony on the low wage trap.

Public hearing to be held on: HB 293

HIGHER EDUCATION

Tuesday, February 10, 2009, 8:00 a.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 247

HOMELAND SECURITY

Monday, February 9, 2009, 5:00 p.m. Hearing Room 6.

Director Missouri Department of Public Safety, Missouri Homeland Security Coordinator and

State Emergency Management Agency's acting director will give a presentation and update for their divisions and update on ice storm.

Public hearing to be held on: HCR 16

REAL ID AND PERSONAL PRIVACY

Tuesday, February 10, 2009, 8:00 a.m. Hearing Room 7.

Executive session may follow.

Public hearings to be held on: HCR 13, HB 361, HB 53

RURAL COMMUNITY DEVELOPMENT

Tuesday, February 10, 2009, House Chamber south gallery upon morning adjournment.

Executive session. AMENDED

SPECIAL STANDING COMMITTEE ON GENERAL LAWS

Tuesday, February 10, 2009, 12:00 p.m. Hearing Room 4.

Executive session may follow.

Public hearings to be held on: HB 158, HB 170, HB 316

SPECIAL STANDING COMMITTEE ON URBAN ISSUES

Monday, February 9, 2009, 5:00 p.m. Hearing Room 5.

Committee will meet at 5:00 p.m. or upon adjournment.

Executive session may follow.

Public hearings to be held on: HB 217, HB 363, HB 116

TRANSPORTATION

Tuesday, February 10, 2009, 12:00 p.m. Hearing Room 7.

Executive session may follow.

Public hearings to be held on: HB 253, HB 269, HB 349, HB 358, HB 380

HOUSE CALENDAR

EIGHTEENTH DAY, MONDAY, FEBRUARY 9, 2009

HOUSE JOINT RESOLUTIONS FOR SECOND READING

HJR 26

HOUSE BILLS FOR SECOND READING

HB 601 through HB 632

HOUSE BILLS FOR PERFECTION - CONSENT

(2/03/09)

HB 111 w/HCS - Day

HOUSE RESOLUTIONS

HRs 294 & 212 w/HCS, (2-05-09) - Dixon