Journal of the House

Second Regular Session, 95th General Assembly

FORTY-EIGHTH DAY, Wednesday, April 7, 2010

The House met pursuant to adjournment.

            Speaker Richard in the Chair.

            Prayer by Reverend James Earl Jackson.

              Lord God, You are merciful and compassionate - not quick to anger, but rich in loving-kindness. You are good to one and all; everything You do is covered with grace.

              We cry out to You, LORD, our God, saying,"LORD, it is nothing for You to help, whether with many or with those who have no power; help us, O LORD our God, for we rest on You". We, today, and each day of this Session tackle the various bills and their amendments, making tough decisions that affect us all. Keeping that in mind, may we not find ourselves fighting against You, but instead yielding.

              Guide us in our deliberations. We choose to see, know and understand everything from Your perspective. It is written, "Walk with the wise and become wise; associate with the unwise and get in trouble". May we recognize the difference between the two.

              We acknowledge Your sovereignty over all. Our time, our finances, our focus, our future and our life is in Your hand.

              Now may You, Lord, make us complete in every way. May we be of good comfort and of one mind. May we live in peace and may You, the God of love and peace, be with us each step of the way. The grace of our Lord and the love of God, and the communion of the Holy Spirit be with us all.

              In the name of Your Son, I pray. 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: Melanie Blase, Paige Cummins, Madison Horn, Abigail Morrall, Abbie Thompson, Alexander Addison, Alex Dowil, Alijah Harrison, Peyton Munch, Tanner Sublette, Emma Foley, Heather Brown, Alex Russo, Megan Weber, Lisa Saville, Pat Powers, Leah Albers, Sarah Morgan, Olivia Rau and Maggie Schlink.

            Speaker Pro Tem Pratt assumed the Chair.

            The Journal of the forty-seventh day was approved as printed.

SPECIAL RECOGNITION

            Jim Friend was introduced by Representative Parson and recognized for being an outstanding citizen.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1650 through House Resolution No. 1793

HOUSE CONCURRENT RESOLUTION

Representatives Flanigan and Allen offered House Concurrent Resolution No. 80.

SECOND READING OF SENATE BILLS

SS SB 786, SB 894 and SS SB 928 were read the second time.

PERFECTION OF HOUSE JOINT RESOLUTION

            HJR 88, relating to state sovereignty, was taken up by Representative Nieves.

            Representative Hobbs assumed the Chair.

            Speaker Pro Tem Pratt resumed the Chair.

            On motion of Representative Nieves, HJR 88 was ordered perfected and printed by the following vote:

PERFECTION OF HOUSE BILL

            HCS#2 HB 1543, as amended, with House Amendment No. 7, pending, relating to elementary and secondary education, was taken up by Representative Wallace.

            Representative Witte offered House Substitute Amendment No. 1 for House Amendment No. 7.

            Representative Dieckhaus raised points of order that House Substitute Amendment No. 1 for House Amendment No. 7 is not properly drafted as a substitute amendment and goes beyond the scope of the bill.

            The Chair ruled the second point of order well taken.

            Representative Lampe offered House Amendment No. 1 to House Amendment No. 7.

House Amendment No. 1

to

House Amendment No. 7

AMEND House Amendment No. 7 to House Committee Substitute No. 2 for House Bill No. 1543, Page 4, Lines 23 to 25, by deleting all of said lines and inserting in lieu thereof the following:

              “19. Coaches of competitive sports in secondary schools shall be allowed to recruit students to participate in such competitive sports regardless of where such student’s home address. Such students shall not be required to forfeit participation in practices or competitive events and may participate immediately upon enrollment at the team’s school.”; and 

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

            Representative Lampe moved that House Amendment No. 1 to House Amendment No. 7 be adopted.

            Which motion was defeated by the following vote:

            Representative Calloway offered House Amendment No. 2 to House Amendment No. 7.

House Amendment No. 2

to

House Amendment No. 7

AMEND House Amendment No. 7 to House Committee Substitute No. 2 for House Bill No. 1543, Page 1, Line 6, by inserting immediately after the word “a” the following:

              “metropolitan,”; and

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

            On motion of Representative Calloway, House Amendment No. 2 to House Amendment No. 7 was adopted.

            HCS#2 HB 1543, as amended, with House Amendment No. 7, as amended, pending, was laid over.

            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 Richard.

PERFECTION OF HOUSE BILLS

            HCS#2 HB 1543, as amended, with House Amendment No. 7, as amended, pending, relating to elementary and secondary education, was again taken up by Representative Wallace.

            Representative Silvey offered House Amendment No. 3 to House Amendment No. 7.

House Amendment No. 3

to

House Amendment No. 7

AMEND House Amendment No. 7 to House Committee Substitute No. 2 for House Bill No. 1543, Page 3, Lines 24 and 25, by deleting all of said lines and inserting in lieu thereof the following:

              “parent or legal guardian, not to exceed one hundred percent of the difference between the two districts’ per pupil costs, to the receiving district. If the”; and

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

            On motion of Representative Silvey, House Amendment No. 3 to House Amendment No. 7 was adopted by the following vote:

            Representative Nasheed offered House Amendment No. 4 to House Amendment No. 7.

House Amendment No. 4

to

House Amendment No. 7

AMEND House Amendment No. 7 to House Committee Substitute No. 2 for House Bill No. 1543, Page 4, Line 22, by inserting after the word “transportation.” the following:

              “Notwithstanding any other provision of law, the metropolitan district shall provide transportation for its resident students who choose to enroll in another district under this section, and the provisions of this section shall not apply to the metropolitan district unless such transportation is provided.”; and

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

            Representative Nasheed moved that House Amendment No. 4 to House Amendment No. 7 be adopted.

            Which motion was defeated by the following vote:

            Representative Tilley moved the previous question.

            Which motion was adopted by the following vote:

            Representative Dieckhaus moved that House Amendment No. 7, as amended, be adopted.

            Which motion was defeated by the following vote:

            Representative Tilley moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Wallace, HCS#2 HB 1543, as amended, was adopted.

            On motion of Representative Wallace, HCS#2 HB 1543, as amended, was ordered perfected and printed.

            HCS HB 2048, relating to sales tax collections, was taken up by Representative Sutherland.

            Representative Sutherland offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 2048, Sections 140.910, 140.915, and 140.920, Pages 3-9, by deleting all of said sections; and

              Further amend said bill, Sections 143.621, 143.631, 143.831, and 143.841, Pages 9-11, by deleting all of said sections; and

              Further amend said bill, Sections 144.230, 144.240, 144.261, and 147.040, Pages 13-15, by deleting all of said sections; and

              Further amend said bill, Section 473.401, Pages 15-16, Lines 1-28, by deleting all of said section; and

              Further amend said bill, Section 2, Page 16, Lines 1-9, by deleting all of said section and inserting in lieu thereof the following:

              “Section 2. Notwithstanding any other provision of law, any tax imposed or collected by any municipality, any county or any taxing entity on or related to any transient accommodations, whether imposed as a hotel tax, occupancy tax or otherwise, shall apply solely to amounts actually received by the operator of a hotel, motel, tavern, inn, tourist cabin, tourist camp or other place in which rooms are furnished to the public. Under no circumstances shall a travel agent or intermediary be deemed an operator of a hotel. This section shall not apply if the purchaser of such rooms is an entity that is exempt from payment of the tax.”; and

              Further amend said bill, Section B, Page 16, Line 3, by deleting the words, “section 144.018" and inserting in lieu thereof the words, “sections 144.018, 1, and 2"; and

              Further amend said bill, Section B, Page 17, Line 5, by deleting the words, “section 144.018" and inserting in lieu thereof the words, “sections 144.018, 1, and 2"; and

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

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

            On motion of Representative Sutherland, HCS HB 2048, as amended, was adopted.

            On motion of Representative Sutherland, HCS HB 2048, as amended, was ordered perfected and printed.

            HCS HBs 1695, 1742 & 1674, relating to driving while intoxicated, was taken up by Representative Stevenson.

            Representative Stevenson offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill Nos. 1695, 1742 & 1674, Page 8, Section 479.010, Line 1, by deleting the words “section 577.023 or section 577.700" and inserting in lieu thereof the following:

              “section 577.023.18"; and

              Further amend said bill, Page 10, Section 479.170, Line 10, by inserting immediately after the words “alcohol-related” the following:

              “enforcement”; and

              Further amend said bill, Page 11, Section 558.400, Line 1, by inserting immediately before the word “Notwithstanding”, the number “1.”; and

              Further amend said page and section, Line 16, by inserting immediately after all of said line the following:

              “2. Any credit received by an offender shall only apply to the sentence which the offender is currently serving. Participation in such programs shall be at the discretion of the department of corrections as otherwise provided for by statute and regulation.”; and

              Further amend said bill, Pages 19-20, Section 577.023, Lines 139-144, by deleting all of said lines and inserting in lieu thereof the following:

              “(1) Any offense involving the operation of a motor vehicle in an intoxicated condition as defined in section 577.001, if the defendant has been convicted, found guilty, or pled guilty to two or more previous intoxication-related traffic offenses as defined in section 577.023 or had two or more previous alcohol-related enforcement contacts as defined in section 302.525;

              (2) Any offense involving the operation of a motor vehicle in an intoxicated condition as defined in section 577.001, if the defendant has been convicted, found guilty, or pled guilty to a previous intoxication-related traffic offense as defined in section 577.023 and the pending offense resulted in physical injury requiring medical attention to a person other than the driver; or”; and

              Further amend said bill, Page 22, Section 577.041, Line 46, by deleting all of said line and inserting in lieu thereof the following:

              “chemical test, such person may petition for a hearing before a circuit division or associate circuit division of the court”; and

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

            Representative Witte 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 for House Bill Nos. 1695, 1742 & 1674, Page 1, Line 5, by inserting after all of said line the following:

              “Further amend said bill, Page 9, Section 479.020, Line 33, by inserting after the phrase “section 577.023" on said line the word “including”; and”; and

              Further amend said amendment, Page 1, Line 20, by inserting after all of said line the following:

              “Further amend said bill, Page 18, Section 577.023, Lines 100-103, by removing all of said lines from the bill and inserting in lieu thereof the following:

              “If a municipal court finds a person to be a persistent offender, aggravated offender, or chronic offender as described in this subsection and subsection 16 of this section, then it shall transfer the case to the appropriate circuit court with jurisdiction for further proceedings.”; and”; and

              Further amend said amendment, Page 2, Line 9, by inserting after all of said line the following:

              “Further amend said bill, Page 25, Section 577.041, Line 134, by enclosing in brackets the phrase “and the person shall be guilty of a class A misdemeanor” on said line; and”; and

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

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

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

            Representative Riddle offered House Amendment No 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill Nos. 1695, 1742 & 1674, Page 5, Section 217.785, Line 50, by inserting after all of said line the following:

              “302.302. 1. The director of revenue shall put into effect a point system for the suspension and revocation of licenses. Points shall be assessed only after a conviction or forfeiture of collateral. The initial point value is as follows:

              (1) Any moving violation of a state law or county or municipal or federal traffic ordinance or regulation not listed in this section, other than a violation of vehicle equipment provisions or a court-ordered supervision as provided in section 302.303 2 points

               (except any violation of municipal stop sign ordinance where no accident is involved 1 point)

              (2) Speeding

               In violation of a state law 3 points

               In violation of a county or municipal ordinance 2 points

              (3) Leaving the scene of an accident in violation of section 577.060, RSMo 12 points

               In violation of any county or municipal ordinance 6 points

              (4) Careless and imprudent driving in violation of subsection 4 of section [304.016, RSMo]304.012, RSMo 4 points

               In violation of a county or municipal ordinance 2 points

              (5) Operating without a valid license in violation of subdivision (1) or (2) of subsection 1 of section 302.020:

              (a) For the first conviction 2 points

              (b) For the second conviction 4 points

              (c) For the third conviction 6 points

              (6) Operating with a suspended or revoked license prior to restoration of operating privileges 12 points

              (7) Obtaining a license by misrepresentation 12 points

              (8) For the first conviction of driving while in an intoxicated condition or under the influence of controlled substances or drugs 8 points

              (9) For the second or subsequent conviction of any of the following offenses however combined: driving while in an intoxicated condition, driving under the influence of controlled substances or drugs or driving with a blood alcohol content of eight-hundredths of one percent or more by weight 12 points

              (10) For the first conviction for driving with blood alcohol content eight-hundredths of one percent or more by weight

               In violation of state law 8 points

               In violation of a county or municipal ordinance or federal law or regulation 8 points

              (11) Any felony involving the use of a motor vehicle 12 points

              (12) Knowingly permitting unlicensed operator to operate a motor vehicle 4 points

              (13) For a conviction for failure to maintain financial responsibility pursuant to county or municipal ordinance or pursuant to section 303.025, RSMo 4 points

              (14) Endangerment of a highway worker in violation of section 304.585, RSMo 4 points

              (15) Aggravated endangerment of a highway worker in violation of section 304.585, RSMo 12 points

              (16) For a conviction of violating a municipal ordinance that prohibits tow truck operators from stopping at or proceeding to the scene of an accident unless they have been requested to stop or proceed to such scene by a party involved in such accident or by an officer of a public safety agency 4 points

              2. The director shall, as provided in subdivision (5) of subsection 1 of this section, assess an operator points for a conviction pursuant to subdivision (1) or (2) of subsection 1 of section 302.020, when the director issues such operator a license or permit pursuant to the provisions of sections 302.010 to 302.340.

              3. An additional two points shall be assessed when personal injury or property damage results from any violation listed in subdivisions (1) to (13) of subsection 1 of this section and if found to be warranted and certified by the reporting court.

              4. When any of the acts listed in subdivision (2), (3), (4) or (8) of subsection 1 of this section constitutes both a violation of a state law and a violation of a county or municipal ordinance, points may be assessed for either violation but not for both. Notwithstanding that an offense arising out of the same occurrence could be construed to be a violation of subdivisions (8), (9) and (10) of subsection 1 of this section, no person shall be tried or convicted for more than one offense pursuant to subdivisions (8), (9) and (10) of subsection 1 of this section for offenses arising out of the same occurrence.

              5. The director of revenue shall put into effect a system for staying the assessment of points against an operator. The system shall provide that the satisfactory completion of a driver-improvement program or, in the case of violations committed while operating a motorcycle, a motorcycle-rider training course approved by the state highways and transportation commission, by an operator, when so ordered and verified by any court having jurisdiction over any law of this state or county or municipal ordinance, regulating motor vehicles, other than a violation committed in a commercial motor vehicle as defined in section 302.700 or a violation committed by an individual who has been issued a commercial driver's license or is required to obtain a commercial driver's license in this state or any other state, shall be accepted by the director in lieu of the assessment of points for a violation pursuant to subdivision (1), (2) or (4) of subsection 1 of this section or pursuant to subsection 3 of this section. A court using a centralized violation bureau established under section 476.385, RSMo, may elect to have the bureau order and verify completion of a driver-improvement program or motorcycle-rider training course as prescribed by order of the court. For the purposes of this subsection, the driver-improvement program shall meet or exceed the standards of the National Safety Council's eight-hour "Defensive Driving Course" or, in the case of a violation which occurred during the operation of a motorcycle, the program shall meet the standards established by the state highways and transportation commission pursuant to sections 302.133 to 302.137. The completion of a driver-improvement program or a motorcycle-rider training course shall not be accepted in lieu of points more than one time in any thirty-six-month period and shall be completed within sixty days of the date of conviction in order to be accepted in lieu of the assessment of points. Every court having jurisdiction pursuant to the provisions of this subsection shall, within fifteen days after completion of the driver-improvement program or motorcycle-rider training course by an operator, forward a record of the completion to the director, all other provisions of the law to the contrary notwithstanding. The director shall establish procedures for record keeping and the administration of this subsection.”; and

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

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

            Representative Cox offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill Nos. 1695, 1742 & 1674, Page 10, Section 479.170, Line 15, by inserting immediately after the word “injury” the following:

              “requiring medical attention”; and

              Further amend said bill, Page 15, Section 577.020, Lines 72-81, by deleting all of said lines and inserting in lieu thereof the following:

              “8. Due to the imminent destruction of evidence that may occur if a blood sample is not drawn in a timely manner, a blood sample may be extracted without a warrant and without consent from a person suspected of operating a motor vehicle in an intoxicated condition if that person has refused to submit to a chemical test authorized under this section. Any law enforcement officer taking a blood sample under this section shall file a probable cause affidavit setting forth the basis for the blood draw with the associate circuit court within seventy-two hours of arrest. Such affidavit must be executed by the seizing officer stating the basis for the blood draw and showing probable cause for such blood draw. The associate circuit judge shall review the affidavit ex parte and determine whether probable cause existed for the blood draw. The blood draw shall be tested and the results of the blood test on such sample are admissible in evidence pursuant to the exigent circumstances exception to the warrant requirement only after a judge of competent jurisdiction has determined that probable cause existed for the blood draw. No law enforcement officer who requests that a blood sample be drawn for the purpose of determining an individual’s blood alcohol content shall by civilly liable for damages to the individual from which the blood was drawn, unless for gross negligence or by willful or wanton act or omission.”; and

              Further amend said bill, Page 21, Section 577.041, Line 18, by inserting after the word “blood” the following:

              “in accordance with section 577.020.8”; and

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

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

            Representative Keeney offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill Nos. 1695, 1742 & 1674, Page 20, Section 577.029, Lines 9-11, by deleting all of said lines and inserting in lieu thereof the following:

              “withdrawal shall otherwise be in strict accord with accepted medical practices. Upon the request of the person who is tested, full”; and

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

            On motion of Representative Keeney, House Amendment No. 4 was adopted by the following vote: