Journal of the House

Second Regular Session, 95th General Assembly

FORTY-THIRD DAY, Monday, March 29, 2010

The House met pursuant to adjournment.

            Speaker Richard in the Chair.

            Prayer by Reverend James Earl Jackson.

              Lord God, You are our shield, our glory, and our only hope. You alone can lift our head, now bowed in humiliation and disgust.

              You have instructed us in Your Word to, "Call to Me and I will answer you. I'll tell you marvelous and inexplicable things that you could never figure out on your own."

              LORD, we cry out to You. We recognize that our vision is clouded and we must have clarity to bring solutions to our economic crisis. We are a people without a voice looking for an acceptable mouthpiece to help articulate our thoughts. We are a people without hearing, unable to receive the suggestions of others. We are a people without mobility, hindered from reaching our desired destinations. Have mercy on us. Be our eyes, ears, and mouth. We look expectantly to You.

              Help us to pause, to take a breath and to calmly proceed with the business at hand. May we consider one another and the needs of others before ourselves. May we hold one another in high regard and honor.

              Heavenly Father, if we, as individuals, are a stumbling block to finding smart solutions to the current issues before us, reveal this and help us to step aside to allow for a free flow of thought, respectful disagreement and debate.

              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 forty-second day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 1421 through House Resolution No. 1475

SECOND READING OF HOUSE BILLS

HB 2385 through HB 2392 were read the second time.

SECOND READING OF SENATE BILLS

SB 628, SB 741, SS SB 757, SCS SB 777, SCS SB 787, SCS SB 829, SB 833, SB 845, SB 849, SB 893, SB 945, SCS SB 963, SCS SB 979, SB 985, SB 987 and SB 1002 were read the second time.

PERFECTION OF HOUSE BILLS

            HB 2294, relating to political party emblems on ballots, was taken up by Representative Dugger.

            On motion of Representative Dugger, HB 2294 was ordered perfected and printed.

            HCS HB 1747, relating to animal agriculture, was taken up by Representative Viebrock.

            Representative Viebrock offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1747, Section 265.700, Page 1, Lines 2, 7, 14, and Page 2, Line 21, by deleting the word, “retail” and inserting in lieu thereof the word, “wholesale”; and

              Further amend said bill, Section 265.703, Page 2, Lines 2, 5, 11, and Page 3, Line 31, by deleting the word, “retail” and inserting in lieu thereof the word, “wholesale”; and

              Further amend said section, Page 2, Line 14, by inserting after the word, “director” the words, “and the Federal Meat Inspection Act”; and

              Further amend said section and page, Line 17, by inserting after the word, “prescribed” the words, “by the Federal Meat Inspection Act and”; and

              Further amend said section and page, Line 23, by inserting after the word, “established” the words, “by the Federal Meat Inspection Act or”; and

              Further amend said section and page, Line 25, by inserting after the words, “violation of” the words, “the Federal Meat Inspection Act or”; and

              Further amend said bill, Page 3, Section 265.706, Lines 1 through 4, by deleting all of said section; and

              Further amend said bill, Page 3, Section 265.715, Line 3, by deleting the word, “retail” and inserting in lieu thereof the word, “wholesale”; and

              Further amend said section and page, Line 5, by inserting after the words, “meaning of” the words, “the Federal Meat Inspection Act or”; and

              Further amend said bill, Page 3, Section 265.718, Lines 1 through 7, by deleting all of said section; and

              Further amend said bill, Page 4, Section 265.721, Line 2, by deleting the word, “retail” and inserting in lieu thereof the word, “wholesale”; and

              Further amend said section and page, Line 7, by inserting after the words, “in violation of” the words, “the Federal Meat Inspection Act or”; and

              Further amend said section and page, Line 11, by deleting the word, “Agriculture” and inserting in lieu thereof the words, “Agriculture’s Federal Meat Inspection Act”; and

              Further amend said bill, Page 4, Section 265.724, Line 2, by inserting after the words, “enforcement of” the words, “the Federal Meat Inspection Act or”; and

              Further amend said section and page, Line 5, by deleting the word, “retail” and inserting in lieu thereof the word, “wholesale”; and

              Further amend said section and page, Line 12, by inserting after the word, “violation of” the words, “the Federal Meat Inspection Act, or”; and

              Further amend said bill, Page 5, Section 265.730, Line 11, by deleting the word, “retail-sized” and inserting in lieu thereof the word, “wholesale-sized”; and

              Further amend said bill, Page 5, Section 265.733, Line 1, by deleting the word, “retail” and inserting in lieu thereof the word, “wholesale”; and

              Further amend said bill, Page 5, Section 265.736, Line 1, by inserting after the words, “promulgate rules” the words, “consistent with the Federal Meat Inspection Act”; and

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

            On motion of Representative Viebrock, House Amendment No. 1 was adopted.

            Representative Loehner offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1747, Section 1, Page 6, Line 1, by inserting immediately after the “1.”, “1.”; and

              Further amend said section, Page 7, Line 4, by inserting immediately after the word “No”; the word “state”; and

              Further amend said section, Page 7, Line 6, by inserting immediately after the word “upon”, the words, “the most current industry standards and”; and

              Further amend said section and page, Line 7, by inserting immediately after said line the following:

              “2. As used in this section, the following terms shall mean:

              (1) “Generally accepted scientific principles”, agricultural standards and practices established by the University of Missouri, and the most current industry standards and practices;

              (2) “Undue economic burden”, expenses incurred resulting from changes in agricultural practices deemed legal under current state or local laws or ordinances;

              (3) “Humane manner”, care of animals regarding the animals health and environment in compliance with generally accepted scientific principles.”; and

              3. For purposes of this section domesticated animals shall also include captive raised game birds.”; and

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

             Representative Schieffer 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 for House Bill No. 1747, Page 1, Line 19, by adding after the word "birds", the words "and fish".

            On motion of Representative Schieffer, House Amendment No. 1 to House Amendment No. 2 was adopted.

            Representative Shively offered House Amendment No. 2 to House Amendment No. 2.

House Amendment No. 2

to

House Amendment No. 2

AMEND House Amendment No. 2 to House Committee Substitute for House Bill No. 1747, Page 1, Line 19, by inserting after said line:

              “4. This section shall in no way prohibit or limit the right of any county or city to enact ordinances”.

            Representative Loehner raised a point of order that House Amendment No. 2 to House Amendment No. 2 is not properly drafted.

            The Chair ruled the point of order not well taken.

            Representative Shively moved that House Amendment No. 2 to House Amendment No. 2 be adopted.

            Which motion was defeated by the following vote:

            Representative Harris offered House Amendment No. 3 to House Amendment No. 2.

House Amendment No. 3

to

House Amendment No. 2

AMEND House Amendment No. 2 to House Committee Substitute for House Bill No. 1747, Page 1, Line 5, by inserting after said line,

              ‘Further amend said section, Page 7, Line 5, by deleting the words "or otherwise regulating crops or".’.

            Representative Harris moved that House Amendment No. 3 to House Amendment No. 2 be adopted.

            Which motion was defeated by the following vote:

            On motion of Representative Loehner, House Amendment No. 2, as amended, was adopted by the following vote:

            Representative Salva offered House Amendment No. 3.

            Representative Smith (150) raised a point of order that House Amendment No. 3 was not timely distributed.

            The Chair ruled the point of order well taken.

            On motion of Representative Viebrock, HCS HB 1747, as amended, was adopted.

            On motion of Representative Viebrock, HCS HB 1747, as amended, was ordered perfected and printed.

            HB 1372, relating to local communications carriers, was taken up by Representative Parson.

            On motion of Representative Parson, HB 1372 was ordered perfected and printed.

            HB 1494, relating to transfer of property by universities, was taken up by Representative Schaaf.

            Representative Webber offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 1494, Page 5, Section 37.005, Line 134, by inserting after the word “transfer” the words “for fair market value”; and

              Further amend said page, Line 136, by deleting all of said line and inserting in lieu thereof the following:

              “an act of the general assembly. The provisions of this subsection shall expire August 28, [2011] 2017.”; and

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

            Representative Webber moved that House Amendment No. 1 be adopted.

            Which motion was defeated by the following vote:

            On motion of Representative Schaaf, HB 1494 was ordered perfected and printed.

            On motion of Representative Tilley, the House recessed until 8:00 p.m.

EVENING SESSION

            The hour of recess having expired, the House was called to order by Speaker Richard.

THIRD READING OF HOUSE BILLS - CONSENT

            HB 2111, relating to the state transit assistance program, was taken up by Representative Faith.

            On motion of Representative Faith, HB 2111 was read the third time and passed by the following vote:

             Speaker Richard declared the bill passed.

            HCS HB 1831, relating to school district property, was taken up by Representative Jones (117).

            On motion of Representative Jones (117), HCS HB 1831 was read the third time and passed by the following vote:

            Speaker Richard declared the bill passed.

            HCS HB 1290, relating to auditors in charter counties, was taken up by Representative Gatschenberger.

            Representative Tilley moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Gatschenberger, HCS HB 1290 was read the third time and passed by the following vote:

            Speaker Richard declared the bill passed.

            HB 2159, relating to a memorial highway, was taken up by Representative Diehl.

            On motion of Representative Diehl, HB 2159 was read the third time and passed by the following vote:

            Speaker Richard declared the bill passed.

            HB 1941, relating to a memorial highway, was taken up by Representative Parson.

            On motion of Representative Parson, HB 1941 was read the third time and passed by the following vote:

            Speaker Richard declared the bill passed.

            HB 1664, relating to county highway commissions, was taken up by Representative Wasson.

            On motion of Representative Wasson, HB 1664 was read the third time and passed by the following vote: