Journal of the House

Second Regular Session, 93rd General Assembly

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TWENTY-FOURTH DAY, Wednesday, February 15, 2006

The House met pursuant to adjournment.

            Speaker Jetton in the Chair.

            Prayer by Reverend James Earl Jackson.

              Heavenly Father, before the mountains were created, before the Earth was formed, You are God without beginning or end.

              We have this promise from You, "When they call on Me, I will answer; I will be with them in trouble. I will rescue them and honor them." So we go confidently into this day, conferencing, researching, deliberating; always mindful of Your watchful presence.

              We refuse to receive counsel that contradicts what we know is right. Keep us far from every wrong; help us, undeserving as we are, to obey Your laws, for we are determined to do what is right.

              May You Lord, Who loved us and, in Your special favor, gave us everlasting comfort and good hope, comfort our hearts and give us strength in every good thing we do and say.

              We ask these things in the name of Your Son. Amen and 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: Amanda Robart, Audrey Robart, and Theron Robart.

            The Journal of the twenty-third day was approved as printed by the following vote:

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 622 - Representative Richard

            House Resolution No. 623 - Representative Smith (14), et al.

            House Resolution No. 624 - Representatives Smith (14) and Faith

            House Resolution No. 625 - Representative Smith (14), et al.

            House Resolution No. 626 - Representative Bowman

            House Resolution No. 627 - Representatives Harris (110) and Kuessner

            House Resolution No. 628 - Representative Smith (14), et al.

            House Resolution No. 629

                        and

            House Resolution No. 630 - Representative Dethrow

            House Resolution No. 631 - Representative Marsh

            House Resolution No. 632 - Representative Robinson

            House Resolution No. 633 - Representatives Brown (50) and Jolly

            House Resolution No. 634

                        and

            House Resolution No. 635 - Representative Kingery

            House Resolution No. 636 - Representative Richard

            House Resolution No. 637 - Representative Brown (50)

            House Resolution No. 638 - Representative Yates

            House Resolution No. 639

                        and

            House Resolution No. 640 - Representative Jolly

            House Resolution No. 641

                        and

            House Resolution No. 642 - Representative Smith (14), et al.

            House Resolution No. 643 - Representative Bringer

            House Resolution No. 644 - Representatives Roorda and Casey

            House Resolution No. 645

                        through

            House Resolution No. 647 - Representative Smith (150)

            House Resolution No. 648

                        through

            House Resolution No. 650 - Representative Whorton

            House Resolution No. 651 - Representative Munzlinger

            House Resolution No. 652 - Representatives Jolly and Meiners

            House Resolution No. 653 - Representative Kratky

            House Resolution No. 654 - Representative Bringer

SECOND READING OF HOUSE BILLS

            HB 1754 through HB 1767 were read the second time.

            Representative Ruestman assumed the Chair.

SPECIAL RECOGNITION

            Jeff Lewis of Arnold, Missouri, was introduced by Representatives Meadows and Roorda and recognized for setting a world record at the 2005 World Powerlifting Organization’s semifinals.

            The University of Missouri-Columbia Tigers Football Team was introduced by Representatives Robb and Rucker and recognized for winning the 2005 Independence Bowl.

COMMITTEE REPORTS

            Committee on Rules, Chairman Cooper (120) reporting:

            Mr. Speaker: Your Committee on Rules, to which was referred HCR 13, begs leave to report it has examined the same and recommends that it Do Pass.

HOUSE CONCURRENT RESOLUTION NO. 13

              WHEREAS, our forefathers of this great nation of the United States recognized a Christian God and used the principles afforded to us by Him as the founding principles of our nation; and

              WHEREAS, as citizens of this great nation, we the majority also wish to exercise our constitutional right to acknowledge our Creator and give thanks for the many gifts provided by Him; and

              WHEREAS, as elected officials we should protect the majority's right to express their religious beliefs while showing respect for those who object; and

              WHEREAS, we wish to continue the wisdom imparted in the Constitution of the United States of America by the founding fathers; and

              WHEREAS, we as elected officials recognize that a Greater Power exists above and beyond the institutions of mankind:

              NOW, THEREFORE, BE IT RESOLVED by the members of the House of Representatives of the Ninety-third General Assembly, Second Regular Session, the Senate concurring therein, that we stand with the majority of our constituents and exercise the common sense that voluntary prayer in public schools and religious displays on public property are not a coalition of church and state, but rather the justified recognition of the positive role that Christianity has played in this great nation of ours, the United States of America.

            Mr. Speaker: Your Committee on Rules, to which was referred HCR 15, begs leave to report it has examined the same and recommends that it Do Pass.

HOUSE CONCURRENT RESOLUTION NO. 15

              WHEREAS, the Food Stamp Program serves as the first line of defense against hunger in this country by enabling low-income families to buy nutritious food with coupons and electronic benefits transfer cards; and

              WHEREAS, the Food Stamp Program is the cornerstone of the federal food assistance programs and provides crucial support to needy households by allowing recipients to spend their benefits to buy eligible food in authorized retail food stores; and

              WHEREAS, most food stamp rules apply to all households, but there are a few special rules for households that have an elderly or disabled member. Under the Program, a person is considered elderly if he or she is 60 years of age or older; and

              WHEREAS, for 2006, a household with an elderly member may have up to $3000 in resources as compared to a household without an elderly member which may have up to $2000 in resources. In addition to the resource limits, there is a monthly gross income test and a monthly net income test to maintain eligibility; and

              WHEREAS, in addition to the allowable deductions for all households, the elderly receive a deduction for allowable medical costs paid by the elderly member that are more than $35 a month. The allowable medical costs include most medical and dental expenses, such as doctor bills, prescription drugs and other over-the-counter medication when approved by a doctor, dentures, hospital expenses, nursing care, some transportation costs, attendant care, and health insurance premiums; and

              WHEREAS, while the allowed deductions and exclusions are certainly helpful in allowing the elderly to receive the needed food assistance, one of the largest expenditures made by the elderly is not included in those deductions or exclusions. Many of the elderly have and will continue to experience large heating bills this winter, with some estimates suggesting that heating expenditures may more than double this year; and

              WHEREAS, many low-income elderly people will be forced to choose between paying the heating bill and buying food; and

              WHEREAS, due to the unique needs of low-income elderly created by the skyrocketing price of heating fuels, a waiver or amendment to the administrative oversight for the federal Food Stamp Program is needed to ensure that the necessary food assistance is available to our most vulnerable citizens:

              NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-third General Assembly, Second Regular Session, the Senate concurring therein, hereby urge the United States Congress and the United States Department of Agriculture to waive or amend the administrative oversight for the federal Food Stamp Program to increase the availability of food assistance for our low-income elderly citizens; and

              BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for Mike Johanns, the Secretary of the United States Department of Agriculture and each member of the Missouri Congressional Delegation.

 

            Mr. Speaker: Your Committee on Rules, to which was referred HCR 17, begs leave to report it has examined the same and recommends that it Do Pass.

HOUSE CONCURRENT RESOLUTION NO. 17

              WHEREAS, the United States Fish and Wildlife Service has mandated a man-made "spring rise" for the Missouri River that is purportedly necessary for the survival of the pallid sturgeon, an endangered species; and

              WHEREAS, accurately controlling upstream discharges for the "spring rise" is extremely difficult because Missouri weather and flooding are unpredictable, as evidenced by the Missouri River's rise of nine feet in less than eighteen hours twice during a drought period in June of 2005; and

              WHEREAS, once water is released for the "spring rise" there are no intervening dams or locks to halt the rise during the ten-day travel time from Gavins Point Dam in South Dakota to St. Louis, Missouri, thereby increasing the risk that such a rise would compound flooding problems resulting from a major rain event; and

              WHEREAS, Federal agencies should not be implementing plans that are known to harm Missouri's farmers solely for the purposes of an experiment to determine whether the "spring rise" will trigger spawning of the pallid sturgeon; and

              WHEREAS, a "spring rise" will potentially exacerbate drainage problems on agricultural land which could delay crop planting, destroy crops, and require additional pumping at additional costs for Missouri farmers; and

              WHEREAS, by using water in the spring that is needed to support navigation and other uses in the summer, a "spring rise" will shorten the navigation season during times of water shortages causing additional financial burdens on shippers, commercial carriers, and producers; and

              WHEREAS, Missouri infrastructure, communities, businesses, farmers, ranchers and the economy all will be put at an increased risk of flooding in the event of a "spring rise"; and

              WHEREAS, it is unjust for Missouri consumers, communities, businesses, commercial carriers, farmers and ranchers to bear any additional direct or indirect costs for an unproven experimental plan; and

              WHEREAS, many businesses and residential communities along the Missouri River suffered great devastation after the flood of 1993; the intentional flooding of the river through a "spring rise" enhances the risk that such destruction will once again visit these communities, making it harder and ultimately less attractive to rebuild; and

              WHEREAS, the economic responsibilities that individual families and businesses have to bear in the face of a devastating flood, like that in 1993, are enormous; to compound and confuse that responsibility with the uncertainties that accompany a "spring rise" places a heavier burden on the backs of those families and businesses:

              NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-third General Assembly, Second Regular Session, the Senate concurring therein, hereby concur with the Governor of the State of Missouri that all reasonable and necessary action should be taken to prevent the planned man-made "spring rise"; and

              BE IT FURTHER RESOLVED that the members of the Missouri House of Representatives Ninety-third General Assembly, Second Regular Session, the Senate concurring therein, respectfully encourage the United States Army Corps of Engineers not to implement an artificial "spring rise," which would increase the risk of flooding for Missourians, thereby being in violation of the 8^th U.S. Circuit Court of Appeals' recent ruling, which held that flood control and navigation are the dominant uses of the Missouri River; and

              BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copies of this resolution for the Governor of Missouri and the members of the Missouri Congressional delegation.

            Mr. Speaker: Your Committee on Rules, to which was referred HB 1118, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 1155, begs leave to report it has examined the same and recommends that it Do Pass.

            Mr. Speaker: Your Committee on Rules, to which was referred HB 1169, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Mr. Speaker: Your Committee on Rules, to which was referred HB 1249, begs leave to report it has examined the same and recommends that it Do Pass.

            Mr. Speaker: Your Committee on Rules, to which was referred HB 1427, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 1456, begs leave to report it has examined the same and recommends that it Do Pass, with a time limit of 4 hours for debate on Perfection.

            Mr. Speaker: Your Committee on Rules, to which was referred HCS SCS SB 578, begs leave to report it has examined the same and recommends that it Do Pass.

            Committee on Crime Prevention and Public Safety, Chairman Lipke reporting:

            Mr. Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred HB 1393, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

            Committee on Health Care Policy, Chairman Cooper (155) reporting:

            Mr. Speaker: Your Committee on Health Care Policy, to which was referred HB 1162, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

            Special Committee on Student Achievement and Finance, Chairman Baker (123) reporting:

            Mr. Speaker: Your Special Committee on Student Achievement and Finance, to which was referred HB 1234, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

            Mr. Speaker: Your Special Committee on Student Achievement and Finance, to which was referred HB 1275, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

            Committee on Transportation, Chairman St. Onge reporting:

            Mr. Speaker: Your Committee on Transportation, to which was referred HB 1035, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

            Mr. Speaker: Your Committee on Transportation, to which was referred HB 1105, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

            Mr. Speaker: Your Committee on Transportation, to which was referred HB 1380, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

            Committee on Veterans, Chairman Jackson reporting:

            Mr. Speaker: Your Committee on Veterans, to which was referred HJR 40, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

            Mr. Speaker: Your Committee on Veterans, to which was referred HJR 44, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

            Mr. Speaker: Your Committee on Veterans, to which was referred HB 1138, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

SUPPLEMENTAL CALENDAR

WEDNESDAY FEBRUARY 15, 2006

SENATE BILL FOR THIRD READING

HCS SCS SB 578, E.C. - Rucker

REFERRAL OF HOUSE BILLS

            The following House Bills were referred to the Committee indicated:

HB 1423 - Senior Citizen Advocacy

HB 1698 - Crime Prevention and Public Safety

INTRODUCTION OF HOUSE BILLS

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

HB 1768, introduced by Representative Portwood, relating to safety regulations for child care facilities.

HB 1769, introduced by Representative Baker (123), relating to residency requirements for certain sexual offenders.

HB 1770, introduced by Representative Baker (123), relating to sexual offenders.

HB 1771, introduced by Representatives Casey, Harris (110), Roorda, Robinson, Hughes, Schneider, Chappelle-Nadal, Meadows, Wildberger, Baker (25), Schoemehl and McGhee, relating to sexual offenders at schools.

HB 1772, introduced by Representatives Munzlinger, Myers, Hobbs, Wildberger, Meadows, Roorda and May, relating to commercial vehicle inspectors and enforcement officers.

HB 1773, introduced by Representative Sutherland, relating to electronic filing of taxes.

HB 1774, introduced by Representative Sutherland, relating to senior citizens property tax relief.

HB 1775, introduced by Representative Sutherland, relating to advertising of sales tax absorption.

HB 1776, introduced by Representatives Bowman, Boykins, Bland, Wright-Jones, Haywood, Low (39), Walton, Brown (50) and Darrough, relating to school bus safety belts.

HB 1777, introduced by Representatives Bowman, Brown (50), Sanders Brooks, Curls, Daus, Donnelly, Witte, Oxford, Wright-Jones, Haywood, Low (39), Walsh, Villa, Storch and Darrough, relating to duties of the secretary of state.

HB 1778, introduced by Representatives Bowman, Boykins, Wright-Jones, Haywood, Low (39), Walsh, Walton, Schoemehl, Storch and Brown (50), relating to a tax credit for school upkeep and beautification projects.

HB 1779, introduced by Representatives Fares, Bivins, Dempsey, Avery, Icet, Lembke, Schneider, Villa, Fraser, Faith, Skaggs, Schoemehl, Cunningham (86) and Bearden, relating to the taxation of property.

HB 1780, introduced by Representatives Fares, Denison, Villa, Faith, Day, Schlottach, Sander, Donnelly, Yaeger, Baker (123) and Vogt, relating to proof of lawful presence for renewal of drivers' licenses.

HB 1781, introduced by Representatives Fares, Pearce, Day, Jones, Pollock, Wasson and Schlottach, relating to the official state mushroom.

HB 1782, introduced by Representatives Richard, Hobbs, Fisher, Smith (118), Whorton, Avery, Ervin, Pearce, Munzlinger, Wilson (119), Corcoran, El-Amin, Sutherland and Moore, relating to local economic development.

HB 1783, introduced by Representatives Bearden, Hoskins, Hubbard, Jetton, Muschany, Hunter, Rupp, Icet, Dempsey, Nieves, Phillips, Richard, Sater, Davis, Lembke, Chinn, Ervin, Smith (118), Kraus, Cunningham (86), Portwood, Stevenson, Ruestman and Cooper (120), relating to the Missouri Student Success Scholarships Tax Credit Program.

HB 1784, introduced by Representatives Franz, Parson, Jones, Tilley, Wilson (119), Dethrow, Wells, Pollock, Schad, Loehner, Smith (118), Sater, Phillips, Fisher, Smith (14), Muschany, Kelly, McGhee, Cunningham (145), Self, Portwood, Flook, Nieves, Wilson (130), Munzlinger, Wright (137), Smith (150), Chinn, Nolte and Weter, relating to juvenile officers.

HB 1785, introduced by Representative Franz, relating to guardians ad litem.

HB 1786, introduced by Representatives Henke, Wagner, Harris (110), McGhee, Sander, Meadows and Cunningham (86), relating to abortion.

HB 1787, introduced by Representatives Jackson, Smith (14), Richard, Wasson, Parson, Parker, Whorton, Walton, Aull, Icet, Black, McGhee, Boykins, Wright-Jones, Bland, Kratky, Faith, George, Behnen, Zweifel, Corcoran, Brown (30), Dempsey, Dusenberg, Avery, Fisher, Franz, Bearden, Storch, Jetton, Robinson, Denison, Harris (110), Wells, Pollock, Jones, Day, Silvey, Tilley, Vogt, Kuessner, Pearce, Moore, Kelly, May, Cunningham (145), Schlottach, Wood, Nance, Yaeger, Rupp, Daus, LeVota, Baker (25), Walsh, Donnelly, Lowe (44), Smith (118), Skaggs and Harris (23), relating to the guard at home program.

HB 1788, introduced by Representatives Oxford, Storch, Roorda, Walton, Sanders Brooks, Low (39), Donnelly, Boykins, Baker (25), Johnson (61), Fraser, Jolly, Zweifel and Hubbard, relating solely to the creation of an earned income tax credit.

HB 1789, introduced by Representatives Zweifel, Meadows and Yaeger, relating to local community rail security act of 2006.

HB 1790, introduced by Representative Cooper (120), relating to taking wildlife on any public roadway from a motordriven conveyance.

HB 1791, introduced by Representatives Hubbard, El-Amin, Chappelle-Nadal, Johnson (61), Hoskins, Haywood, Walsh, Meiners, Curls, Fraser, Boykins, Bowman, Lowe (44), Daus, Low (39), Hughes, Spreng, Walton, Bogetto, Schoemehl, Harris (110), Wright-Jones, Oxford and Bland, relating to the death penalty.

HB 1792, introduced by Representatives Kraus, Yates, Johnson (47), Wilson (130) and Avery, relating to evidence of coverage under a policy issued by a health maintenance organization.

WITHDRAWAL OF HOUSE BILL

February 14, 2006

Stephen Davis, Chief Clerk

Missouri House of Representatives

State Capitol Building

Jefferson City, MO 65101

Dear Mr. Davis:

Please allow this letter to serve as my request to withdraw House Bill No. 1713.

If you have any questions, please contact my office.

Sincerely,

/s/ Nathan D. Cooper

State Representative

District 158

            The following members’ presence was noted: Hobbs and Page.

ADJOURNMENT

            On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Thursday, February 16, 2006.

COMMITTEE MEETINGS

APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Tuesday, February 21, 2006, 8:00 a.m. Hearing Room 6.

A presentation will be given to the committee members on Emergency

Response Information Plans for Public Safety and Corrections personnel.

BUDGET

Thursday, February 16, 2006, 8:15 a.m. Hearing Room 3.

Executive session may follow. AMENDED

Public hearing to be held on: HB 1014

BUDGET

Tuesday, February 21, 2006, 8:00 a.m. Hearing Room 3.

Appropriation Committee Reports. Executive session may follow.

BUDGET

Wednesday, February 22, 2006, 8:00 a.m. Hearing Room 3.

Appropriation Committee Reports. Executive session may follow.

BUDGET

Thursday, February 23, 2006, 8:15 a.m. Hearing Room 3.

Appropriation Committee Reports. Executive session may follow.

Public hearing to be held on: HB 1149

CORRECTIONS AND PUBLIC INSTITUTIONS

Wednesday, February 22, 2006, 8:00 a.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 998, HB 1065, HB 1192, HB 1432

HEALTH CARE POLICY

Thursday, February 16, 2006, 8:00 a.m. Hearing Room 7.

Public hearings to be held on: HB 1222, HB 1245, HB 1437

JOINT COMMITTEE ON TRANSPORTATION OVERSIGHT

Tuesday, February 21, 2006, 3:00 p.m. Hearing Room 1.

Specialty license plate and development applications.

LOCAL GOVERNMENT

Thursday, February 16, 2006, 8:00 a.m. Hearing Room 6.

Executive session will follow.

Public hearings to be held on: HB 1688, HB 1343, HB 1238, HB 1647, HB 1424

SENIOR CITIZEN ADVOCACY

Thursday, February 16, 2006, 8:15 a.m. Hearing Room 1.

Executive session may follow.

Public hearing to be held on: HB 1742

SPECIAL COMMITTEE ON ENERGY AND ENVIRONMENT

Tuesday, February 21, 2006, 8:00 a.m. Hearing Room 4.

Executive session may follow.

Public hearings to be held on: HB 1092, HB 1137

SPECIAL COMMITTEE ON URBAN ISSUES

Monday, February 20, 2006, 3:00 p.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 1135, HB 1487

HOUSE CALENDAR

TWENTY-FIFTH DAY, THURSDAY, FEBRUARY 16, 2006

HOUSE BILLS FOR SECOND READING

HB 1768 through HB 1792

SENATE BILL FOR THIRD READING

HCS SCS SB 578, E.C. - Rucker