Journal of the House

Second Regular Session, 95th General Assembly

FORTY-FOURTH DAY, Tuesday, March 30, 2010

The House met pursuant to adjournment.

            Speaker Richard in the Chair.

            Prayer by Msgr. Donald W. Lammers.

              Let us pray, in harmony with those who, yesterday, began the 40 Days of Prayer and Fasting for our lawmakers, who are dealing with difficult decisions regarding the State budget.

              Holy Lord, our God, we believe that You are the one God, the Almighty God, Lord of Heaven and Earth. May this faith in You unite us, hold us together as one, help us to think together, and fill us with zeal for the common good.

              Keep us united enough to hear each other, to respect each other, to learn from each other, to think together, to grow in wisdom together, and finally to make correct - even if difficult - decisions together.

              May Your Holy Spirit inspire us individually to pray before we speak and before we decide.

              To You be glory and honor forever and ever. 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: Abigail Laws, Hannah Laws, T. J. Campbell, Tanner Streiff, Drew Streiff, Blake Molendorp, Tyler Molendorp, Dalton Buschjost, Macey Stockman, Andrea Baker, Anya Stokan, Adair Stokan and Bridget Skaggs.

            The Journal of the forty-third day was approved as corrected.

SPECIAL RECOGNITION

            The Women Veterans of the Missouri Veterans Commission were introduced by Representative Walton Gray and recognized for their military service to the United States of America.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1476 through House Resolution No. 1569

SECOND READING OF HOUSE BILLS

HB 2393 through HB 2403 were read the second time.

THIRD READING OF HOUSE BILL - REVISION

            HCS HB 1516, relating to the repeal of expired statutes, was taken up by Representative Smith (150).

            On motion of Representative Smith (150), HCS HB 1516 was read the third time and passed by the following vote:

            Speaker Richard declared the bill passed.

THIRD READING OF HOUSE BILL

            HCS HBs 1327 & 2000, relating to abortions, was taken up by Representative Pratt.

            Representative Hobbs assumed the Chair.

            Representative Cox assumed the Chair.

            On motion of Representative Pratt, HCS HBs 1327 & 2000 was read the third time and passed by the following vote:

            Representative Cox declared the bill passed.

            On motion of Representative Tilley, the House recessed until 2:00 p.m.

AFTERNOON SESSION

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

PERFECTION OF HOUSE BILLS

            HCS HB 1965, relating to the repeal of expired statutes, was taken up by Representative McNary.

            On motion of Representative McNary, HCS HB 1965 was adopted.

            On motion of Representative McNary, HCS HB 1965 was ordered perfected and printed.

            HCS HB 1806, relating to a county assessed valuation, was taken up by Representative Franz.

            Representative Ruestman offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1806, Section 48.020, Page 1, Lines 4-10, by deleting all of said lines and inserting in lieu thereof the following:

              “Classification 1. All counties having an assessed valuation of [six] nine hundred million dollars and over shall automatically be in the first classification after that county has maintained such valuation for the time period required by section 48.030; provided however [,] that:

              (1) Any county of the second classification which, on August [13, 1988] 28, 2010, has had an assessed valuation of at least [four] six hundred million dollars for at least one year may, by resolution of the governing body of the county, elect to be classified as a county of the first classification after it has maintained such valuation for the period of time required by the provisions of section 48.030;

              (2) Any county of the second classification which, on August 28, 2010, has had an assessed valuation of at least six hundred million dollars for at least five years may, by resolution of the governing body of the county duly adopted prior to December 31, 2010, elect to remain classified as a county of the second classification until the assessed valuation of the county after 2009 is such as to place it in another classification and it has maintained the necessary valuation for the period of time required by section 48.030.”; and

              Further amend said section, Page 2, Lines 22-25, by deleting all of said lines and inserting in lieu thereof the following:

              “2. The required assessed valuation for each classification under subsection 1 of this section shall be increased annually by an amount equal to the percentage change in the annual average of the Consumer Price Index for All Urban Consumers (CPI-U) or zero, whichever is greater. The state tax commission shall calculate and publish this amount so that it is available to all counties.”; and

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

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

            On motion of Representative Franz, HCS HB 1806, as amended, was adopted.

            On motion of Representative Franz, HCS HB 1806, as amended, was ordered perfected and printed.

            HCS HB 1787, relating to firearms and defensive use of force, was taken up by Representative Jones (117).

            Representative Riddle offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1787, Section 571.107, Page 16, Lines 35 to 41, by removing all of said lines from the bill and inserting in lieu thereof the following:

              “(5) Any meeting of the governing body of a unit of local government; or any meeting of the general assembly or a committee of the general assembly, except that nothing in this subdivision shall preclude a member of the body holding a valid concealed carry endorsement from carrying a concealed firearm at a meeting of the body which he or she is a member. Nothing in this subdivision shall preclude a member of the general assembly, a full time employee of the general assembly employed pursuant to section 17, article III, Constitution of Missouri, or legislative employees of the general assembly as determined under section 21.155, holding a valid concealed carry endorsement, from carrying a concealed firearm in the state capitol building or at a meeting, whether of the full body of a house of the general assembly or a committee thereof, that is held in the state capitol building. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

              (6) Except as provided in subdivision (5) of subsection 1 of this section the general assembly, supreme court, county or municipality may by rule,”; and

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

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

            Representative Munzlinger offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1787, Section 571.030, Page 6, Line 109, by inserting after all of said section, page, and line the following:

              “11. Notwithstanding any other provision of law, no person who pleads guilty to or is found guilty of a felony violation of subsection 1 of this section shall receive a suspended imposition of sentence if such person has previously received a suspended imposition of sentence for any other firearms or weapons related felony offense.”; and

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

            On motion of Representative Munzlinger, House Amendment No. 2 was adopted.

            Representative Kratky offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 1787, Page 4, Section 571.030, Line 52, by deleting the word “and”; and

              Further amend said section, Page 4, Line 55, by inserting before the last period “.” the following:

              “; and

              (11) Possesses a firearm while also in possession of controlled substances that are sufficient for a felony violation under section 195.202”; and

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

            On motion of Representative Kratky, House Amendment No. 3 was adopted.

            Representative Riddle offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill No. 1787, Section 571.030, Page 3, Lines 11 and 12, by removing all of said lines from the bill and inserting in lieu thereof the following:

              “ (5) [Possesses or discharges a projectile weapon while intoxicated; or] Has a firearm or projectile weapon readily capable of lethal use on his or her person, while he or she is intoxicated, and handles or otherwise uses such firearm or projectile weapon in either a negligent or unlawful manner or discharges such firearm or projectile weapon; or”; and

              Further amend said section, Page 5, Lines 76 to 81, by removing all of said lines from the bill; 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. 4.

            House Amendment No. 1 to House Amendment No. 4 was withdrawn.

            On motion of Representative Riddle, House Amendment No. 4 was adopted.

            On motion of Representative Jones (117), HCS HB 1787, as amended, was adopted.

            On motion of Representative Jones (117), HCS HB 1787, as amended, was ordered perfected and printed by the following vote:

            HCS HB 1893, relating to gaming funds, was taken up by Representative Kelly.

            Representative Walton Gray offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1893, Page 11, Section 313.835, Lines 206 to 208, by deleting all of said lines and inserting in lieu thereof the following:

              "2009, one half of the next one million two hundred thousand dollars of such proceeds shall be transferred annually, subject to appropriation, to the Veterans commission capital improvement trust fund and the other half of the one million two hundred thousand dollars shall be transferred annually, subject to appropriation, to the early childhood development, education and care fund created in section 161.215."; and

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

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

            On motion of Representative Kelly, HCS HB 1893, as amended, was adopted.

            On motion of Representative Kelly, HCS HB 1893, as amended, was ordered perfected and printed.

            Representative Smith (14) assumed the Chair.

            HB 2220, relating to the oath of election judges, was taken up by Representative Dugger.

            On motion of Representative Dugger, HB 2220 was ordered perfected and printed.

            HCS#2 HB 1543, relating to elementary and secondary education, was taken up by Representative Wallace.

            Representative Wallace offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute No. 2 for House Bill No. 1543, Page 11, Section 161.650, Line 30, by inserting after all of said line the following:

              “163.410. 1. Notwithstanding the provisions of section 163.021, in fiscal years 2011 and 2012, if the appropriation for subsections 1 and 2 of section 163.031 is less than the annualized calculation of the amount needed for the phase-in required under subsection 4 for that fiscal year or the appropriation for transportation as provided in subsection 3 of section 163.031 is funded at a level that provides less than seventy-five percent of allowable costs, school districts shall be excused from compliance with spending funds for professional development as required under subsection 1 of section 160.530.

              2. If the governor withholds funds for the school funding formula basic apportionment under section 163.031, school districts shall be excused from compliance with the statutes listed in subsection 1 of this section in the following fiscal year.”; and

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

            Representative Thomson offered House Amendment No. 1 to House Amendment No. 1.

House Amendment No. 1

to

House Amendment No. 1

AMEND House Amendment No. 1 to House Committee Substitute No. 2 for House Bill No. 1543, Page 1, Lines 9 and 10, by deleting all of said lines and inserting in lieu thereof the following:

              “excused from compliance with:

              (1) Spending funds for professional development as required under subsection 1 of section 160.530; and

              (2) The fund placement and expenditure requirements of subsection 6 of section 163.031.”; and

Further amend said amendment, Page 1, Line 13, by adding after all of said line the following:

              ‘Further amend said bill, Page 27, Section B, Line 2, by adding after all of said line the following:

              “Section C. Because immediate action is necessary to synchronize the requirements of

section 163.410 of section A of this act with the fiscal year, the enactment of section 163.410 of section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and enactment of section 163.410 of section A of this act shall be in full force and effect upon its passage and approval or July 1, 2010, whichever is later.”; and’; and

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

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

            On motion of Representative Wallace, House Amendment No. 1, as amended, was adopted.

            Representative Schad offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute No. 2 for House Bill No. 1543, Page 16, Section 167.117, Line 27, by inserting after all of said line the following:

              “167.128. 1. Notwithstanding the provisions of section 167.121, a student who rides a bus to a school in his or her district of residence with a travel time of more than one hour each way may, with the approval of the receiving district, enroll in the receiving district to attend a school if the travel time to that school is one-half or less of the travel time to the school in the student’s residence district.

              2. The state aid generated by a student under subsection 1 of this section shall be awarded to the receiving district.

              3. The receiving district may provide transportation to a student under subsection 1 of this section within the boundaries of the receiving district.”; and

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

            On motion of Representative Schad, House Amendment No. 2 was adopted.

            Representative Stream offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute No. 2 for House Bill No. 1543, Page 7, Section 160.261, Line 220, by inserting after all of said line the following:

              “160.400. 1. A charter school is an independent public school.

              2. Charter schools may be operated only in a metropolitan school district or in an urban school district containing most or all of a city with a population greater than three hundred fifty thousand inhabitants and may be sponsored by any of the following:

              (1) The school board of the district;

              (2) A public four-year college or university with its primary campus in the school district or in a county adjacent to the county in which the district is located, with an approved teacher education program that meets regional or national standards of accreditation;

              (3) A community college located in the district; or

              (4) Any private four-year college or university located in a city not within a county with an enrollment of at least one thousand students, and with an approved teacher preparation program.

              3. The mayor of a city not within a county may request a sponsor under subdivision (2), (3), or (4) of subsection 2 of this section to consider sponsoring a "workplace charter school", which is defined for purposes of sections 160.400 to 160.420 as a charter school with the ability to target prospective students whose parent or parents are employed in a business district, as defined in the charter, which is located in the city.

              4. No sponsor shall receive from an applicant for a charter school any fee of any type for the consideration of a charter, nor may a sponsor condition its consideration of a charter on the promise of future payment of any kind.

              5. The charter school shall be a Missouri nonprofit corporation incorporated pursuant to chapter 355, RSMo. The charter provided for herein shall constitute a contract between the sponsor and the charter school.

              6. As a nonprofit corporation incorporated pursuant to chapter 355, RSMo, the charter school shall select the method for election of officers pursuant to section 355.326, RSMo, based on the class of corporation selected. Meetings of the governing board of the charter school shall be subject to the provisions of sections 610.010 to 610.030, RSMo, the open meetings law.

              7. A sponsor of a charter school, its agents and employees are not liable for any acts or omissions of a charter school that it sponsors, including acts or omissions relating to the charter submitted by the charter school, the operation of the charter school and the performance of the charter school.

              8. A charter school may affiliate with a four-year college or university, including a private college or university, or a community college as otherwise specified in subsection 2 of this section when its charter is granted by a sponsor other than such college, university or community college. Affiliation status recognizes a relationship between the charter school and the college or university for purposes of teacher training and staff development, curriculum and assessment development, use of physical facilities owned by or rented on behalf of the college or university, and other similar purposes. The primary campus of the college or university must be located within the county in which the school district lies wherein the charter school is located or in a county adjacent to the county in which the district is located. A university, college or community college may not charge or accept a fee for affiliation status.

              9. The expenses associated with sponsorship of charter schools shall be defrayed by the department of elementary and secondary education retaining one and five-tenths percent of the amount of state and local funding allocated to the charter school under section 160.415, not to exceed one hundred twenty-five thousand dollars, adjusted for inflation. Such amount shall not be withheld when the sponsor is a school district or the state board of education. The department of elementary and secondary education shall remit the retained funds for each charter school to the school's sponsor, provided the sponsor remains in good standing by fulfilling its sponsorship obligations under sections 160.400 to 160.420 and 167.349, RSMo, with regard to each charter school it sponsors, including appropriate demonstration of the following:

              (1) Expends no less than ninety percent of its charter school sponsorship funds in support of its charter school sponsorship program, or as a direct investment in the sponsored schools;

              (2) Maintains a comprehensive application process that follows fair procedures and rigorous criteria and grants charters only to those developers who demonstrate strong capacity for establishing and operating a quality charter school;

              (3) Negotiates contracts with charter schools that clearly articulate the rights and responsibilities of each party regarding school autonomy, expected outcomes, measures for evaluating success or failure, performance consequences, and other material terms;

              (4) Conducts contract oversight that evaluates performance, monitors compliance, informs intervention and renewal decisions, and ensures autonomy provided under applicable law; and

              (5) Designs and implements a transparent and rigorous process that uses comprehensive data to make merit-based renewal decisions.

              10. No university, college or community college shall grant a charter to a nonprofit corporation if an employee of the university, college or community college is a member of the corporation's board of directors.

              11. No sponsor shall grant a charter under sections 160.400 to 160.420 and 167.349, RSMo, without ensuring that a criminal background check and child abuse registry check are conducted for all members of the governing board of the charter schools or the incorporators of the charter school if initial directors are not named in the articles of incorporation, nor shall a sponsor renew a charter without ensuring a criminal background check and child abuse registry check are conducted for each member of the governing board of the charter school.

              12. No member of the governing board of a charter school shall hold any office or employment from the board or the charter school while serving as a member, nor shall the member have any substantial interest, as defined in section 105.450, RSMo, in any entity employed by or contracting with the board. No board member shall be an employee of a company that provides substantial services to the charter school. All members of the governing board of the charter school shall be considered decision-making public servants as defined in section 105.450, RSMo, for the purposes of the financial disclosure requirements contained in sections 105.483, 105.485, 105.487, and 105.489, RSMo.

              13. A sponsor shall provide timely submission to the state board of education of all data necessary to demonstrate that the sponsor is in material compliance with all requirements of sections 160.400 to 160.420 and 167.349, RSMo.

              14. The state board of education shall ensure each sponsor is in compliance with all requirements under sections 160.400 to 160.420 and 167.349, RSMo, for each charter school sponsored by any sponsor. The state board shall notify each sponsor of the standards for sponsorship of charter schools, delineating both what is mandated by statute and what best practices dictate. The state board, after a public hearing, may require remedial action for a sponsor that it finds has not fulfilled its obligations of sponsorship, such remedial actions including withholding the sponsor's funding and suspending for a period of up to one year the sponsor's authority to sponsor a school that it currently sponsors or to sponsor any additional school. If the state board removes the authority to sponsor a currently operating charter school, the state board shall become the interim sponsor of the school for a period of up to three years until the school finds a new sponsor or until the charter contract period lapses.

              15. In the event that a charter school loses its sponsor or has its charter revoked or rescinded or the charter otherwise expires, the governing board of the charter school and the local school district where the charter school is located may enter into a contract to continue operations of the charter school as a school site of the local school district.

              160.420. 1. Any school district in which charter schools may be established under sections 160.400 to 160.420 shall establish a uniform policy which provides that if a charter school offers to retain the services of an employee of a school district, and the employee accepts a position at the charter school, an employee at the employee's option may remain an employee of the district and the charter school shall pay to the district the district's full costs of salary and benefits provided to the employee. The district's policy shall provide that any teacher who accepts a position at a charter school and opts to remain an employee of the district retains such teacher's permanent teacher status and retains such teacher's seniority rights in the district for three years. The school district shall not be liable for any such employee's acts while an employee of the charter school.

              2. A charter school may employ noncertificated instructional personnel; provided that no more than twenty percent of the full-time equivalent instructional staff positions at the school are filled by noncertificated personnel. All noncertificated instructional personnel shall be supervised by certificated instructional personnel. A charter school that has a foreign language immersion experience as its chief educational mission, as stated in its charter, shall not be subject to the twenty-percent requirement of this subsection but shall ensure that any teachers whose duties include instruction given in a foreign language have current valid credentials in the country in which such teacher received his or her training and shall remain subject to the remaining requirements of this subsection. The charter school shall ensure that all instructional employees of the charter school have experience, training and skills appropriate to the instructional duties of the employee, and the charter school shall ensure that a criminal background check and child abuse registry check are conducted for each employee of the charter school prior to the hiring of the employee. The charter school may not employ instructional personnel whose certificate of license to teach has been revoked or is currently suspended by the state board of education. Appropriate experience, training and skills of noncertificated instructional personnel shall be determined considering:

              (1) Teaching certificates issued by another state or states;

              (2) Certification by the National Standards Board;

              (3) College degrees in the appropriate field;

              (4) Evidence of technical training and competence when such is appropriate; and

              (5) The level of supervision and coordination with certificated instructional staff.

              3. Personnel employed by the charter school shall participate in the retirement system of the school district in which the charter school is located, subject to the same terms, conditions, requirements and other provisions applicable to personnel employed by the school district. For purposes of participating in the retirement system, the charter school shall be considered to be a public school within the school district, and personnel employed by the charter school shall be public school employees. In the event of a lapse of the school district's corporate organization as described in subsections 1 and 4 of section 162.081, RSMo, personnel employed by the charter school shall continue to participate in the retirement system and shall do so on the same terms, conditions, requirements and other provisions as they participated prior to the lapse.

              4. [The charter school and a local school board may agree by contract for services to be provided by the school district to the charter school. The charter school may contract with any other entity for services. Such services may include but are not limited to food service, custodial service, maintenance, management assistance, curriculum assistance, media services and libraries and shall be subject to negotiation between the charter school and the local school board or other entity. Documented actual costs of such services shall be paid for by the charter school.

              5. A charter school may enter into contracts with community partnerships and state agencies acting in collaboration with such partnerships that provide services to children and their families linked to the school.

              6. A charter school shall be eligible for transportation state aid pursuant to section 163.161, RSMo, and shall be free to contract with the local district, or any other entity, for the provision of transportation to the students of the charter school.

              7. (1) The proportionate share of state and federal resources generated by students with disabilities or staff serving them shall be paid in full to charter schools enrolling those students by their school district where such enrollment is through a contract for services described in this section. The proportionate share of money generated under other federal or state categorical aid programs shall be directed to charter schools serving such students eligible for that aid.

              (2) A charter school district shall provide the special services provided pursuant to section 162.705, RSMo, and may provide the special services pursuant to a contract with a school district or any provider of such services.

              8. A charter school may not charge tuition, nor may it impose fees that a school district is prohibited from imposing.

              9. A charter school is authorized to incur debt in anticipation of receipt of funds. A charter school may also borrow to finance facilities and other capital items. A school district may incur bonded indebtedness or take other measures to provide for physical facilities and other capital items for charter schools that it sponsors or contracts with. Upon the dissolution of a charter school, any liabilities of the corporation will be satisfied through the procedures of chapter 355, RSMo.

              10. Charter schools shall not have the power to acquire property by eminent domain.

              11. The governing body of a charter school is authorized to accept grants, gifts or donations of any kind and to expend or use such grants, gifts or donations. A grant, gift or donation may not be accepted by the governing body if it is subject to any condition contrary to law applicable to the charter school or other public schools, or contrary to the terms of the charter.] The instructional employees of a charter school in circumstances described in subsection 15 of section 160.400 shall continue to be employees of the governing board of the former charter school and shall not be considered employees of the local school district; however, such instructional employees shall meet all licensure and certification requirements as determined by the department to perform the duties of a public school teacher.”; and

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

            Speaker Pro Tem Pratt resumed the Chair.

            Representative Roorda raised a point of order that House Amendment No. 3 goes beyond the scope of the underlying bill.

            The Chair ruled the point of order not well taken.

            On motion of Representative Stream, House Amendment No. 3 was adopted.

            Representative Calloway offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute No. 2 for House Bill No. 1543, Section 167.630, Page 20, Line 16, by inserting after all of said section and line the following:

              “167.750. 1. The provisions of this section shall be known as the "High School Sports Brain Injury Prevention Act". The school board of each school district shall work in concert with the Missouri state high school activities association to develop guidelines and other pertinent information and forms to inform and educate coaches, health care volunteers, youth athletes, and the parents or guardians of youth athletes of the nature and risk of concussion and head injury including continuing to play after concussion or head injury. On a yearly basis, a concussion and head injury information sheet shall be signed and returned by the youth athlete, the athlete's parent or guardian, and the school's health care volunteer prior to the youth athlete's initiating practice or competition.

              2. A youth athlete who is suspected for sustaining a concussion or head injury in a practice or game shall be removed from competition at that time and shall not return to play until the requirements of subsection 3 of this section are met.

              3. A youth athlete who has been removed from play shall not return to play until the athlete is evaluated by a licensed health care provider within his or her scope of practice and receives written clearance to return to play from that health care provider. No youth athlete shall be allowed to return to play for at least twenty-four hours from the time of injury, and before returning to play it shall be shown that the youth athlete is symptom free both at rest and during exertion. The health care provider authorizing a youth athlete's return to play may be a volunteer. A volunteer health care provider may evaluate a youth athlete in the provider's usual business setting or elsewhere, but in order to qualify as a volunteer under this section, the provider must make it clear at the time of the evaluation that the evaluation is being conducted for no charge. A volunteer who authorizes a youth athlete to return to play is not liable for civil damages resulting from any act or omission in the rendering of such care, other than acts or omissions constituting gross negligence or willful or wanton misconduct.

              4. The school board of each school district shall develop guidelines, structured to follow the guidelines described in this section, for youth athletes that participate in a school- sponsored elementary team.

              5. Notwithstanding any law to the contrary, the guidelines established by the Missouri state high school activities association in concert with the local school districts under subsection 1 of this section shall be followed by city youth sport leagues located in each school district. All youth athletes participating in a city-sponsored recreation or competitive sports league, regardless of age, shall be subject to such head injury guidelines.”; and 

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

            Representative Schaaf offered House Substitute Amendment No. 1 for House Amendment No. 4.

House Substitute Amendment No. 1

for

House Amendment No. 4

AMEND House Committee Substitute No. 2 for House Bill No. 1543, Section 167.630, Page 20, Line 16, by inserting immediately after said line the following:

              “167.750. 1. The provisions of this section shall be known as the "High School Sports Brain Injury Prevention Act". The school board of each school district shall work in concert with the Missouri state high school activities association to develop guidelines and other pertinent information and forms to inform and educate coaches, health care volunteers, youth athletes, and the parents or guardians of youth athletes of the nature and risk of concussion and head injury including continuing to play after concussion or head injury. On a yearly basis, a concussion and head injury information sheet shall be signed and returned by the youth athlete, the athlete's parent or guardian, and the school's health care volunteer prior to the youth athlete's initiating practice or competition.

              2. A youth athlete who is suspected for sustaining a concussion or head injury in a practice or game shall be removed from competition at that time and shall not return to play until the requirements of subsection 3 of this section are met.

              3. A youth athlete who has been removed from play shall not return to play until the athlete is evaluated by a physician, athletic trainer, or physician's assistant, licensed under chapter 334, or a chiropractor licensed under chapter 331, or an advanced practice registered nurse in collaboration with a physician in accordance with chapter 335, and receives written clearance to return to play from that health care provider. No youth athlete shall be allowed to return to play for at least twenty-four hours from the time of injury, and before returning to play it shall be shown that the youth athlete is symptom free both at rest and during exertion. The health care provider authorizing a youth athlete's return to play may be a volunteer. A volunteer health care provider may evaluate a youth athlete in the provider's usual business setting or elsewhere, but in order to qualify as a volunteer under this section, the provider must make it clear at the time of the evaluation that the evaluation is being conducted for no charge. A volunteer who authorizes a youth athlete to return to play is not liable for civil damages resulting from any act or omission in the rendering of such care, other than acts or omissions constituting gross negligence or willful or wanton misconduct.

              4. The school board of each school district shall develop guidelines, structured to follow the guidelines described in this section, for youth athletes that participate in a school- sponsored elementary team.

              5. Notwithstanding any law to the contrary, the guidelines established by the Missouri state high school activities association in concert with the local school districts under subsection 1 of this section shall be followed by city youth sport leagues located in each school district. All youth athletes participating in a city-sponsored recreation or competitive sports league, regardless of age, shall be subject to such head injury guidelines.”; and

              Further amend said bill, Page 27, Section B, Line 2, by inserting after all of said line the following:

              “Section C. Because immediate action is necessary to ensure public safety, the enactment of section 167.750 of section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and the enactment of section 167.750 of section A of this act shall be in full force and effect upon its passage and approval.”; and

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

            Speaker Richard resumed the Chair.

            Representative McClanahan offered House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 4.

House Amendment No. 1

to

House Substitute Amendment No. 1

for

House Amendment No. 4

AMEND House Substitute Amendment No. 1 for House Amendment No. 4 to House Committee Substitute No. 2 for House Bill No. 1543, Page 1, Line 16, by inserting after the words, “athletic trainer,” the words, “registered nurse,”; and

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

            Representative McClanahan moved that House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 4 be adopted.

            Which motion was defeated.

            Representative Schaaf moved that House Substitute Amendment No. 1 for House Amendment No. 4 be adopted.

            Which motion was defeated by the following vote:

            On motion of Representative Calloway, House Amendment No. 4 was adopted.

            HCS#2 HB 1543, as amended, was laid over.

REFERRAL OF HOUSE BILLS

            The following House Bills were referred to the Committee indicated:

HB 1911 - Elementary and Secondary Education

HB 1985 - Judiciary

HB 2042 - Local Government

HB 2137 - Corrections and Public Institutions

HB 2332 - Veterans

HB 2351 - Special Standing Committee on Urban Issues

HB 2361 - Ways and Means

HB 2384 - Special Standing Committee on Children and Families

HB 2387 - Corrections and Public Institutions

HB 2399 - Job Creation and Economic Development

REFERRAL OF SENATE CONCURRENT RESOLUTION

            The following Senate Concurrent Resolution was referred to the Committee indicated:

SCR 36 - Budget

REFERRAL OF SENATE BILLS

            The following Senate Bills were referred to the Committee indicated:

SS#2 SCS SB 577 - Special Standing Committee on Governmental Accountability and

            Ethics Reform

SS SB 578 - Job Creation and Economic Development

SS SCS SBs 586 & 617 - Small Business

SS SCS SB 588 - Ways and Means

SS SB 618 - Special Standing Committee on Health Insurance

SB 628 - Ways and Means

SB 629 - Health Care Policy

SCS SB 630 - Special Standing Committee on Professional Registration and Licensing

SCS SB 636 - Health Care Policy

SCS SB 644 - Tourism

SB 649 - Tourism

SB 668 - Local Government

SB 669 - Local Government

SB 670 - Local Government

SB 686 - Ways and Means

SB 716 - Transportation

SCS SB 721 - Tourism

SCS SB 754 - Special Standing Committee on Professional Registration and Licensing

SS SB 757 - Budget

SB 758 - Financial Institutions

SB 771 - Financial Institutions

SCS SB 772 - Financial Institutions

SB 773 - Financial Institutions

SCS SB 774 - Corrections and Public Institutions

SCS SB 777 - Financial Institutions

SCS SB 778 - Corrections and Public Institutions

SS SCS SB 781 - Transportation

SB 791 - Utilities

SCS SB 829 - Crime Prevention

SCS SBs 842, 799 & 809 - Special Standing Committee on General Laws

SB 844 - Special Standing Committee on General Laws

SB 851 - Special Standing Committee on General Laws

SCS SB 855 - Special Standing Committee on Children and Families

SCS SB 862 - Local Government

SCS SB 863 - Local Government

SCS SB 887 - Public Safety

SCS SB 915 - Local Government

SB 1002 - Local Government

COMMITTEE REPORTS

            Committee on Elections, Chairman Deeken reporting:

            Mr. Speaker: Your Committee on Elections, to which was referred HJR 64, 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.

            Mr. Speaker: Your Committee on Elections, to which was referred HJR 94, 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.

            Committee on Financial Institutions, Chairman Cunningham reporting:

            Mr. Speaker: Your Committee on Financial Institutions, to which was referred HB 1584, 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.

            Committee on Healthcare Transformation, Chairman Schaaf reporting:

            Mr. Speaker: Your Committee on Healthcare Transformation, to which was referred HB 1247, 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.

            Committee on Job Creation and Economic Development, Chairman Flook reporting:

            Mr. Speaker: Your Committee on Job Creation and Economic Development, to which was referred HB 1432, 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.

            Committee on Ways and Means, Chairman Sutherland reporting:

            Mr. Speaker: Your Committee on Ways and Means, to which was referred HB 1244, 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.

INTRODUCTION OF HOUSE CONCURRENT RESOLUTION

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

HCR 77, introduced by Representatives Franz, Richard, Pratt, Self, Sater, Nieves, Fisher (125), Dusenberg, Scharnhorst, Funderburk, Tilley, Day, Bivins, Kingery, Diehl, Ruestman, Allen, Smith (150), Davis, Sutherland, Ayres, Cunningham, Dieckhaus, Wasson, Denison, Wells, Brandom, Pollock, Deeken, Icet, Zerr, Lipke, Dugger, Parkinson, Guernsey, Bruns, Hobbs, Schlottach, Ervin, Lair, Nolte, Schad, Cox, Jones (89), Burlison, Wilson (130), Hoskins (121), Tracy, Viebrock, Ruzicka, Schaaf, Stream, Wilson (119), Dethrow, McNary, Koenig, Dixon, Sander, Emery, Smith (14), Thomson, Brown (149), Kraus, Brown (30), Keeney, Silvey, Jones (117), Schoeller, Guest, Nance, Flanigan and Molendorp, relating to the filing of a Missouri legal challenge to the constitutionality of federal health care legislation.

INTRODUCTION OF HOUSE BILLS

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

HB 2404, introduced by Representative Nance, relating to economic development sales taxes.

HB 2405, introduced by Representative Scharnhorst, relating to condominium property.

HB 2406, introduced by Representatives Scharnhorst, Jones (89), Dieckhaus, Nieves and Walton Gray, relating to an income tax deduction for educational expenses.

HB 2407, introduced by Representatives Harris and Liese, relating to uniform common interest owners bill of rights act.

HB 2408, introduced by Representatives Schlottach and Bivins, relating to the public counsel.

HB 2409, introduced by Representatives Denison, McNary, Pollock, Wells, Hobbs, Schlottach, Jones (89), Cunningham, Wasson, Scharnhorst, Thomson, Burlison, Schoeller, Schaaf, Fisher (125) and Stream, relating to the employment of retired teachers.

HB 2410, introduced by Representatives Dougherty, Witte, Swinger, Skaggs, McGhee, Jones (117), Tracy, McDonald, Meadows, Viebrock, Bringer, LeVota, Hodges, Hoskins (80), Parkinson, Colona, Schaaf, Gatschenberger, Guest, Deeken and Oxford, relating to prohibited acts by elected and appointed public officials and employees.

HB 2411, introduced by Representatives Colona, Dougherty, Hummel and McDonald, relating to the motorist insurance identification database act.

HB 2412, introduced by Representative Smith (150), relating to the purchase of health insurance.

HB 2413, introduced by Representatives Stream, Corcoran and Zimmerman, relating to foster care.

HB 2414, introduced by Representatives Hobbs and Kuessner, relating to the sole purpose of repealing and revising certain state boards, councils, committees, and commissions.

HB 2415, introduced by Representative Walsh, relating to workers' compensation.

HB 2416, introduced by Representative Parson, relating to a special license plate.

HB 2417, introduced by Representative Roorda, relating to transfer of the Missouri state water patrol to the division of water patrol within the Missouri state highway patrol.

HB 2418, introduced by Representative Nolte, relating to required participation in a federal work authorization program.

HB 2419, introduced by Representatives Carter and Curls, relating to eligibility for food stamps.

LETTER OF OBJECTION

March 30, 2010

D. Adam Crumbliss, Chief Clerk

Missouri House of Representatives

Room 306C, Capitol Building

Jefferson City, MO 65101

Dear Mr. Clerk:

We, the undersigned members of the House of Representatives hereby object to the placement of House Bill No. 2297 on the House Bills for Perfection - Consent Calendar.

Respectfully,

/s/ Doug Ervin                   District 35

/s/ Mike McGhee               District 122

/s/ Rob Schaaf                    District 28

/s/ Trent Skaggs                 District 31

/s/ Jeff Roorda                   District 102

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 1868, HB 1942, HB 2056, HB 1609, HCS HB 1764, HCS HB 1977, HB 2109, HB 2114, HCS HBs 2147 & 2261, HB 2182, HB 2205, HB 2226, HCS HB 2231, HB 2290, HB 2270, HB 2285, HB 1990, HB 1832, HCS HB 2219, HCS HB 2043, HB 1654, HB 1538 and HCS HB 1271.

ADJOURNMENT

            On motion of Representative Jones (89), the House adjourned until 10:00 a.m., Wednesday, March 31, 2010.

CORRECTION TO THE HOUSE JOURNAL

            Correct House Journal, Forty-third day, Monday, March 29, 2010, Page 749, Line 19, by inserting immediately after said line the following:

HB 2388 - Special Standing Committee on Professional Registration and Licensing

COMMITTEE MEETINGS

AGRICULTURE POLICY

Thursday, April 1, 2010, 8:00 a.m. Hearing Room 6.

Work session.

Possible Executive session.

CORRECTIONS AND PUBLIC INSTITUTIONS

Thursday, April 1, 2010, 9:30 a.m. House Chamber south gallery.

Executive session. AMENDED

CRIME PREVENTION

Wednesday, March 31, 2010, Hearing Room 5 upon morning recess.

Possible Executive session may follow.

Public hearing to be held on: HB 1293, HB 1551

ELEMENTARY AND SECONDARY EDUCATION

Wednesday, March 31, 2010, 8:00 a.m. Hearing Room 6.

Executive session may follow. AMENDED

Public hearing to be held on: HB 1274

FINANCIAL INSTITUTIONS

Wednesday, March 31, 2010,

Hearing Room 6, 5:30 p.m. or upon adjournment if later than 5:30 p.m.

Presentation on lending.

Executive session may follow. AMENDED

Public hearing to be held on: HCR 70

FISCAL REVIEW

Wednesday, March 31, 2010, 9:00 a.m. House Chamber south gallery.

All bills referred to committee.

Executive session may follow. CANCELLED

FISCAL REVIEW

Thursday, April 1, 2010, 9:00 a.m. House Chamber south gallery.

All bills referred to committee.

Executive session may follow.

HEALTH CARE POLICY

Wednesday, March 31, 2010, Hearing Room 6, 12:00 p.m. or upon morning recess.

Executive session.

INSURANCE POLICY

Wednesday, March 31, 2010, 12:00 p.m. Hearing Room 7.

Executive session may follow.

Public hearing to be held on: HB 2222

INTERNATIONAL TRADE AND IMMIGRATION

Wednesday, March 31, 2010, 5:00 p.m. Hearing Room 7.

Executive session.

JUDICIARY

Wednesday, March 31, 2010, Hearing Room 1 upon morning recess.

Executive session may follow.

Public hearing to be held on: HB 1252, HB 1319, HB 1380

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

Wednesday, March 31, 2010, Hearing Room 2 upon morning recess.

Possible Executive session.

Public hearing to be held on: HCS HJR 63, HJR 78, HCS HB 1644,

HCS HB 1695, 1742 & 1674, HCS HB 1812, HCS HB 2053, HB 2272

SPECIAL STANDING COMMITTEE ON CHILDREN AND FAMILIES

Wednesday, March 31, 2010, 8:00 a.m. Hearing Room 1.

Informational workshop regarding birth certificates for adoptees.

Continuation of Public hearing on HB 1725.

Public hearing to be held on: HB 1725

SPECIAL STANDING COMMITTEE ON GENERAL LAWS

Thursday, April 1, 2010, 9:00 a.m. House Chamber south gallery.

Executive session will be held.

SPECIAL STANDING COMMITTEE ON INFRASTRUCTURE AND TRANSPORTATION FUNDING

Monday, April 12, 2010, 10:00 a.m.

APAC MO Inc., 1591 E Prathersville Rd, Columbia, MO.

Tour of storage yard and asphalt plant to increase familiarity with

asphalt and applications using asphalt.

SPECIAL STANDING COMMITTEE ON PROFESSIONAL REGISTRATION AND LICENSING

Wednesday, March 31, 2010, 12:00 p.m. Hearing Room 4.

Executive session may follow.

Public hearing to be held on: HB 2388, HB 1989, HB 1845, HB 1449, HB 1738

TAX REFORM

Wednesday, March 31, 2010, 8:45 a.m. Hearing Room 5.

Executive session may be held. AMENDED

Public hearing to be held on: HB 2373, HB 2390

TAX REFORM

Thursday, April 1, 2010, 9:30 a.m. House Chamber side gallery.

Executive session will be held on: HB 2373, HB 2390

TRANSPORTATION

Monday, April 12, 2010, 10:00 a.m.

APAC MO Inc., 1591 E Prathersville Rd, Columbia, MO.

Tour storage yard and asphalt plant to increase familiarity with

asphalt and applications using asphalt.

WAYS AND MEANS

Wednesday, March 31, 2010, Hearing Room 3 upon morning recess.

Possible Executive session.

Public hearing to be held on: HB 1647, HB 2252, HB 2302

HOUSE CALENDAR

FORTY-FIFTH DAY, WEDNESDAY, MARCH 31, 2010

HOUSE CONCURRENT RESOLUTIONS FOR SECOND READING

HCR 77

HOUSE BILLS FOR SECOND READING

HB 2404 through HB 2419

HOUSE JOINT RESOLUTIONS FOR PERFECTION

1          HCS HJRs 45, 69 & 70 - Kingery

2          HJR 88 - Nieves

HOUSE BILLS FOR PERFECTION

1          HCS HB 1684, as amended, HA 2, pending - Zerr

2          HCS#2 HB 1543, as amended - Wallace

3          HCS HB 1601 - Nasheed

4          HCS HB 2026 - Hobbs

5          HB 1254 - Wilson (119)

6          HCS HB 2048 - Sutherland

7          HCS HB 2297 - Molendorp

HOUSE BILLS FOR PERFECTION - CONSENT

(3/24/2010)

1          HCS HB 1898 - Zerr

2          HB 2317 - Tracy

3          HCS HB 1848 - Holsman

4          HB 1640 - Roorda

5          HB 1894 - Bringer

HOUSE BILLS FOR THIRD READING

1          HB 2294 - Dugger

2          HCS HB 1747 - Viebrock

3          HB 1372 - Parson

4          HB 1494 - Schaaf

HOUSE BILLS FOR THIRD READING - CONSENT

1          HCS HB 1858 - Zimmerman

2          HB 1868 - Scharnhorst

3          HB 1942 - Parson

4          HB 2056 - Diehl

5          HB 1609 - Diehl

6          HCS HB 1764 - Diehl

7          HCS HB 1977 - Wasson

8          HB 2109 - Ruzicka

9          HB 2114 - Hoskins (121)

10        HCS HBs 2147 & 2261 - Brown (149)

11        HB 2182 - Munzlinger

12        HB 2205 - Burlison

13        HB 2226 - Wasson

14        HCS HB 2231 - Wasson

15        HB 2290 - Wasson

16        HB 2270 - Cooper

17        HB 2285 - Thomson

18        HB 1990 - Wells

19        HB 1832 - Wells

20        HCS HB 2219 - LeBlanc

21        HCS HB 2043 - Brown (30)

22        HB 1654 - Zimmerman

23        HB 1538 - Dusenberg

24        HCS HB 1271 - Brown (30)

HOUSE CONCURRENT RESOLUTIONS

HCS HCRs 25, 29 & 39, (3-4-10, Pages 459-460) - Guest