Journal of the House

Second Regular Session, 95th General Assembly

THIRTY-FOURTH DAY, Monday, March 15, 2010

The House met pursuant to adjournment.

            Speaker Richard in the Chair.

            Prayer by Reverend James Earl Jackson.

              You, O Lord, frustrate the plans of the nations and thwart all their schemes. But, Your plans stand firm forever; Your intentions can never be shaken.

              We thank You, Lord God, that You know our limitations and in stressful moments, when all seem to crash around us, may we recognize them also. We are grateful for our weaknesses; for then we must look to You for strength.

              As we return from spring break, refreshed and rested, we want to acknowledge and give thanks, to You, for the mentors and teachers You placed in our lives and their words of wisdom that still speak today. May You use us, in like manner, as positive mentors, role models and instructors to the next generation of legislators.

              Lord, we chose today, to pay close attention to wisdom and listen intently to understanding. By doing so, we exercise discretion and what we do and say will be by wisdom and good instruction. Guide us throughout this week. May we accomplish what is good in Your sight and beneficial for all concerned.

              Now, may You, Heavenly Father, who has loved us and given us eternal encouragement and good hope by grace, encourage our hearts and strengthen us in every good work and word.

              In the name of Your Son, I pray. Amen.

            The Pledge of Allegiance to the flag was recited.

            The Journal of the thirty-third day was approved as printed.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 1123 through House Resolution No. 1187

SECOND READING OF HOUSE BILLS

HB 2295 through HB 2312 were read the second time.

SECOND READING OF SENATE BILLS

SS#2 SCS SB 577, SB 614, SCS SB 630, SCS SB 685, SCS SB 754, SB 767, SB 768, SB 773, SCS SB 774, SB 801, SB 897 and SB 900 were read the second time.

PERFECTION OF HOUSE BILL

            HCS#2 HB 1472, relating to controlled substances, was taken up by Representative Franz.

            Representative Talboy offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute No. 2 for House Bill No. 1472, Page 19, Section 195.017, Line 645, by inserting immediately after said line the following:

              “195.202. 1. Except as authorized by sections 195.005 to 195.425, it is unlawful for any person to possess or have under his control a controlled substance.

              2. Any person who violates this section is guilty of a class C felony with respect to any controlled substance except thirty-five grams or less of: [marijuana]

              (1) Marijuana;

              (2) Phenol, CP 47, 497 & homologues, or 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol), where side chain n=5, and homologues where side chain n-4,6, or 7;

              (3) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;

              (4) Indole, or 1-pentyl-3(1-naphthoyl)indole; or

              (5) Indole, or 1-butyl-3(1-naphthoyl)indole [is guilty of a class C felony].

              3. Any person who violates this section is guilty of a class A misdemeanor with respect to not more than thirty-five grams or less of: [marijuana]

              (1) Marijuana;

              (2) Phenol, CP 47, 497 & homologues, or 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol), where side chain n=5, and homologues where side chain n-4,6, or 7;

              (3) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;

              (4) Indole, or 1-pentyl-3(1-naphthoyl)indole; or

              (5) Indole, or 1-butyl-3(1-naphthoyl)indole [is guilty of a class A misdemeanor].”; and

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

            Representative Roorda offered House Amendment No. 1 to House Amendment No. 2.

House Amendment No. 1

to

House Amendment No. 2

AMEND House Amendment No. 2 to House Committee Substitute No. 2 for House Bill No. 1472, Page 1, Line 22 of said amendment, by inserting immediately after the quotation mark of said line, the following:

              ‘; and

              Further amend said bill, Page 15, Section 195.017, Line 487, by inserting immediately after said line the following:

              “(p) ephedrine;”; and

              Further amend said section, Page 16, Line 517, by inserting immediately after said line the following:

              “(tt) pseudoephedrine;”; and

              Further amend said bill by renumbering said section accordingly; and

              Further amend said page, Line 547, by inserting immediately before the word “Ephedrine” an opening bracket “[“; and

              Further amend said page, Line 549, by inserting immediately before the word “The” a closing bracket “]”; and

              Further amend said section, Page 17, Line 579, by inserting immediately before the first occurrence of the word “Any” an opening bracket “[“; and

              Further amend said page, Line 583, by inserting immediately before the first occurrence of the word “Unless” a closing bracket “]”; and

              Further amend said section, Page 18, Line 589, by inserting immediately before the number “11.” an opening bracket “[”; and

              Further amend said section, Page 19, Line 645, by inserting immediately after the period on said line a closing bracket “]”; and”; and

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

            Representative Schaaf raised a point of order that House Amendment No. 1 to House Amendment No. 2 goes beyond the scope of the amendment.

            The Chair ruled the point of order not well taken.

            Representative Roorda moved that House Amendment No. 1 to House Amendment No. 2 be adopted.

            Which motion was defeated by the following vote:

            Representative Talboy moved that House Amendment No. 2 be adopted.

            Which motion was defeated by the following vote:

            Representative Meiners offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute No. 2 for House Bill No. 1472, Page 19, Section 195.017, Line 645, by inserting after all of said line the following:

              "195.600. 1. A qualifying patient who has in his or her possession written certification shall not be subject to arrest, prosecution, or penalty in any manner for the medical use of marijuana, provided the quantity of marijuana does not exceed an adequate supply.

              2. As used in this section "written certification" means the qualifying patient's medical records or a statement signed by a physician stating that in the physician's professional opinion, after having completed a full assessment of the qualifying patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the qualifying patient has a debilitating medical condition and the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient.

              195.602. 1. The authorization for the medical use of marijuana in sections 195.600 to 195.604 shall not apply to:

              (1) The medical use of marijuana that compromises the health or well-being of another person, such as:

              (a) In a school bus, public bus, or other public vehicle;

              (b) In the areas of one's employment not designated for medical marijuana use;

              (c) On any school grounds other than areas designated for medical marijuana use;

              (d) In any correctional facility other than areas designated for medical marijuana use; or

              (e) At any public park, public beach, public recreation center, or youth center other than areas designated for medical marijuana use; and

              (2) The use of marijuana by a qualifying patient, primary caregiver, or any other person for purposes other than medical use permitted by sections 195.600 to 195.604.

              2. Notwithstanding any law to the contrary, fraudulent representation to a law enforcement official of any fact or circumstance relating to the medical use of marijuana to avoid arrest or prosecution shall be a petty misdemeanor and subject to a fine of five hundred dollars. Such penalty shall be in addition to any other penalties that may apply for the nonmedical use of marijuana.

              195.604. A person and a person's primary caregivers may assert the medical use of marijuana as a defense to any prosecution involving marijuana, and such defense shall be presumed valid where the evidence shows that:

              (1) The person's medical records indicate or a physician has stated that, in the physician's professional opinion after having completed a full assessment of the person's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the potential benefits of the medical use of marijuana would likely outweigh the health risks for the person; and

              (2) The person and the person's primary caregivers were collectively in possession of a quantity of marijuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marijuana for the purpose of alleviating the symptoms or effects of the person's medical condition."; and

              Further amend said title, enacting clause and intersectional references accordingly.

            Representative Meiners moved that House Amendment No. 3 be adopted.

            Which motion was defeated by the following vote:

            On motion of Representative Franz, HCS#2 HB 1472 was adopted.

            On motion of Representative Franz, HCS#2 HB 1472 was ordered perfected and printed.

COMMITTEE REPORTS

            Special Standing Committee on Emerging Issues in Animal Agriculture, Chairman Wright reporting:

            Mr. Speaker: Your Special Standing Committee on Emerging Issues in Animal Agriculture, to which was referred HB 1945, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(32)(f) be referred to the Committee on Rules.

            Special Standing Committee on General Laws, Chairman Jones (89) reporting:

            Mr. Speaker: Your Special Standing Committee on General Laws, to which was referred HB 1965, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Substitute, and pursuant to Rule 25(32)(f) be referred to the Committee on Rules.

ADVANCEMENT OF HOUSE CONSENT BILLS

            Pursuant to Rule 45(b), the following bills, having remained on the House Consent Calendar for Perfection for five legislative days, were ordered perfected and printed by consent with all committee substitutes and committee amendments thereto adopted and perfected by consent: HB 1258, HB 1268, HB 1336, HB 1340, HB 1612, HCS HB 1382, HB 1677, HB 1691, HB 1713, HB 1775 and HB 1776.

INTRODUCTION OF HOUSE CONCURRENT RESOLUTION

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

HCR 70, introduced by Representatives Cunningham, Parson, Schlottach, Viebrock, Wasson, Pratt, Cox, Loehner, Hoskins (121), Denison, Wells, Fisher (125), Nance, Hobbs, Cooper, Burnett, Ruzicka, Komo, Fallert, Walsh, Schoemehl, Schieffer, Hodges, Emery, Spreng, Thomson, Deeken, Dougherty, Meadows, LeVota, Englund, Zimmerman, Talboy, Schad, Shively and Munzlinger, relating to credit unions housed in Department of Transportation facilities.

INTRODUCTION OF HOUSE BILLS

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

HB 2313, introduced by Representatives Walton Gray, Holsman, Carter, Casey, Pace, LeBlanc, Brown (50), Rucker, Still, Jones (63), Nasheed, Hoskins (80) and Morris, relating to mortgages.

HB 2314, introduced by Representatives Brandom, Bivins and Wells, relating to the designation of Native American Day.

HB 2315, introduced by Representative Conway, relating to political party emblems on ballots.

HB 2316, introduced by Representatives Biermann, Meadows, Schieffer and Atkins, relating to expenses of members of the legislature.

HB 2317, introduced by Representative Tracy, to authorize the conveyance of certain state properties.

HB 2318, introduced by Representatives Day and Brown (149), relating to unemployment benefits.

COMMUNICATION

January 12, 2010

Mr. D. Adam Crumbliss, Chief Clerk

Missouri House of Representatives

State Capitol, Room 306-C

Jefferson City, MO 65101

Dear Mr. Crumbliss:

Pursuant to Section 105.461, RSMo, I am hereby filing a written letter of a possible interest in legislation that may be voted on during this legislative session.

As an agent for Farmers Insurance, sole owner of Chris Molendorp Insurance Agency Inc., I sell and service multiple lines of the insurance. My wife, Julie Molendorp owns Molendorp Appraisals, Inc., a company which provides residential and commercial appraising services for contract vendors. Responsibilities of this company require us to work in the property valuation/real estate industry.

This letter is to notify the general public of my interest in the above mentioned industries. In order to comply with Section 105.461, RSMo, please publish this report in the Journal of the House. Should you have any questions or require additional information, please let me know.

Best regards,

/s/ Chris Molendorp

District 123

            The following members' presence was noted: Riddle and Stevenson.

ADJOURNMENT

            On motion of Representative Tilley, the House adjourned until 10:00 a.m., Tuesday, March 16, 2010.

COMMITTEE MEETINGS

AGRI-BUSINESS

Tuesday, March 16, 2010, 8:00 a.m. Hearing Room 4.

Executive session may follow.

Public hearing to be held on: HB 1659, HB 2102, HB 1833

AGRICULTURE POLICY

Thursday, March 18, 2010, 8:00 a.m. Hearing Room 6.

Public hearing to be held on: HB 1848

BUDGET

Tuesday, March 16, 2010, 8:00 a.m. Hearing Room 3.

Executive session may follow.

Public hearing to be held on: HB 2001, HB 2002, HB 2003, HB 2004, HB 2005,

HB 2006, HB 2007, HB 2008, HB 2009, HB 2010, HB 2011, HB 2012, HB 2013

BUDGET

Wednesday, March 17, 2010, Hearing Room 3 upon morning adjournment.

Executive session may follow. AMENDED

Public hearing to be held on: HB 2001, HB 2002, HB 2003, HB 2004, HB 2005,

HB 2006, HB 2007, HB 2008, HB 2009, HB 2010, HB 2011, HB 2012, HB 2013

BUDGET

Thursday, March 18, 2010, 8:00 a.m. Hearing Room 3.

Executive session may follow.

Public hearing to be held on: HB 2001, HB 2002, HB 2003, HB 2004, HB 2005,

HB 2006, HB 2007, HB 2008, HB 2009, HB 2010, HB 2011, HB 2012, HB 2013

ELECTIONS

Tuesday, March 16, 2010, 8:15 a.m. Hearing Room 5.

Executive session may follow.

Public hearing to be held on: HB 1531, HB 2153

ELEMENTARY AND SECONDARY EDUCATION

Wednesday, March 17, 2010, 8:00 a.m. Hearing Room 6.

Executive session.

ENERGY AND ENVIRONMENT

Tuesday, March 16, 2010, 8:00 a.m. Hearing Room 1.

Executive session.

FISCAL REVIEW

Wednesday, March 17, 2010, 9:00 a.m. House Chamber south gallery.

All bills referred to committee.

Executive session may follow.

FISCAL REVIEW

Thursday, March 18, 2010, 9:00 a.m. House Chamber south gallery.

All bills referred to committee.

Executive session may follow.

HEALTHCARE TRANSFORMATION

Tuesday, March 16, 2010, 5:00 p.m. Hearing Room 6.

Executive session may follow.

Public hearing to be held on: HB 1495

HIGHER EDUCATION

Tuesday, March 16, 2010, 12:00 p.m. Hearing Room 1.

Executive session. AMENDED

INSURANCE POLICY

Wednesday, March 17, 2010, 12:00 p.m. Hearing Room 7.

Executive session may follow.

Public hearing to be held on: HB 2156, HB 1468

JOINT COMMITTEE ON TRANSPORTATION OVERSIGHT

Thursday, March 25, 2010, 9:00 a.m. Hearing Room 5.

Review of memorial bridge or highway designation; review of Heroes Way interchange

designation and any other matters pending before the Joint Committee.

JUDICIARY

Wednesday, March 17, 2010, 12:00 p.m. Hearing Room 1.

Executive session may follow.

Public hearing to be held on: HB 1407, HB 1640, HB 1799

LOCAL GOVERNMENT

Wednesday, March 17, 2010, 8:00 a.m. Hearing Room 7.

Executive session may be held.

Public hearing to be held on: HB 1959

PUBLIC SAFETY

Tuesday, March 16, 2010, 12:00 p.m. Hearing Room 6.

Executive session may follow.

Public hearing to be held on: HB 1693, HB 1942, HB 1947, HB 2070

RETIREMENT

Tuesday, March 16, 2010, 12:00 p.m. Hearing Room 4.

Executive session may follow.

Public hearing to be held on: HB 2122, HB 2221

RULES - PURSUANT TO RULE 25(32)(f)

Tuesday, March 16, 2010, 5:30 p.m. Hearing Room 4.

Possible Executive session.

Public hearings to be held on: HB 1270, HCS HB 1290, HCS HB 1310, HB 1330, HCS HB 1375, HB 1392, HB 1424, HB 1486, HB 1494, HCS HB 1541, HCS HB 1580, HB 1595, HB 1643, HB 1662, HB 1664, HB 1705, HCS HB 1707, HB 1778, HB 1802, HB 1824, HCS HB 1831, HCS HB 1841, HCS HB 1858, HB 1892, HB 1904, HB 1941, HCS HB 1943, HCS HB 1970, HB 2111, HB 2159, HCS HB 2161

SPECIAL STANDING COMMITTEE ON CHILDREN AND FAMILIES

Wednesday, March 17, 2010, 8:00 a.m. Hearing Room 1.

Executive session.

SPECIAL STANDING COMMITTEE ON EMERGING ISSUES IN ANIMAL AGRICULTURE

Tuesday, March 16, 2010, 5:00 p.m. Hearing Room 1.

Possible Executive session.

Public hearing to be held on: HB 2225

SPECIAL STANDING COMMITTEE ON GENERAL LAWS

Tuesday, March 16, 2010, Hearing Room 5 upon afternoon adjournment.

Executive session may be held.

Public hearing to be held on: HB 1562, HB 1786, HB 1788

SPECIAL STANDING COMMITTEE ON INFRASTRUCTURE AND TRANSPORTATION FUNDING

Tuesday, March 16, 2010, 5:00 p.m. Hearing Room 4.

Executive session only.

SPECIAL STANDING COMMITTEE ON WORKFORCE DEVELOPMENT AND WORKPLACE SAFETY

Wednesday, March 17, 2010, House Chamber south gallery upon morning adjournment.

Executive session.

VETERANS

Tuesday, March 16, 2010, 12:00 p.m. Hearing Room 5.

Executive session may follow. CORRECTED

Public hearing to be held on: HB 2260, HB 2114, HB 2264, HB 2262, HB 2261, HB 2147

VETERANS

Thursday, March 18, 2010, 8:00 a.m. Hearing Room 2.

Executive session only.

HOUSE CALENDAR

THIRTY-FIFTH DAY, TUESDAY, MARCH 16, 2010

HOUSE CONCURRENT RESOLUTIONS FOR SECOND READING

HCR 70

HOUSE BILLS FOR SECOND READING

HB 2313 through HB 2318

HOUSE JOINT RESOLUTIONS FOR PERFECTION

HCS HJRs 45, 69 & 70 - Kingery

HOUSE BILLS FOR PERFECTION - APPROPRIATIONS

HCS HB 2014 - Icet

HOUSE BILLS FOR PERFECTION

1          HCS HB 1684 - Zerr

2          HCS#2 HB 1543 - Wallace

3          HCS HB 1446 - Jones (89)

4          HCS#2 HBs 1692, 1209, 1405, 1499, 1535 & 1811 - Stevenson

HOUSE BILLS FOR PERFECTION - INFORMAL

HB 1542 - Deeken

HOUSE BILLS FOR PERFECTION - CONSENT

(3/2/2010)

HB 1657 - Dethrow

HOUSE JOINT RESOLUTIONS FOR THIRD READING

HCS HJRs 48, 50 & 57 - Davis

HOUSE BILLS FOR THIRD READING - CONSENT

1          HCS HB 1840 - Wright

2          HB 1258 - Todd

3          HB 1268 - Meiners

4          HB 1336 - Brandom

5          HB 1340 - Dugger

6          HB 1612 - Molendorp

7          HCS HB 1382 - Ervin

8          HB 1677 - Hoskins (80)

9          HB 1691 - Kraus

10        HB 1713 - Sander

11        HB 1775 - Shively

12        HB 1776 - Shively