Journal of the House


First Regular Session, 95th General Assembly




SIXTY-SECOND DAY, Monday, April 27, 2009

The House met pursuant to adjournment.


            Speaker Richard in the Chair.


            Prayer by Reverend James Earl Jackson.


              Holy Lord God, You are strong, mighty and powerful, and You move among us so that we cannot miss Your presence and activity in the world. You know all things, and all things are revealed by You and before You, and we thank You for that truth today.


              Guide and direct us, this week, into what You know and have seen concerning the final weeks of this session. Help us to seriously consider the consequence of every decision made in this House and its long term effect on our state and its citizens.


              May we continue to make a difference and have a positive influence, for good, in our state.


              And now may You, Lord, Who is good, show kindness and truth to each of these, Your servants, who endeavor to do what is good, for the benefit of all.


              I ask these things in the name of Your Son. Amen.


            The Pledge of Allegiance to the flag was recited.


            The Journal of the sixtieth day was approved as printed.


            The Journal of the sixty-first day was approved as printed.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 2351 through House Resolution No. 2422


PERFECTION OF HOUSE JOINT RESOLUTION


            HJR 37, relating to the right to vote by secret ballot, was taken up by Representative Cunningham.


            Representative Cunningham offered House Amendment No. 1.




House Amendment No. 1


AMEND House Joint Resolution No. 37, Section 35, Page 1, Line 2, by inserting after the word, "requires" the word, "public"; and


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


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


            Representative Jones (89) raised a point of order that House Amendment No. 1 to House Amendment No. 1 goes beyond the scope of the amendment.


            The Chair ruled the point of order well taken.


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


            Representative Schoeller offered House Amendment No. 2.


House Amendment No. 2


AMEND House Joint Resolution No. 37, Section 35, Page 1, Line 4, by inserting after all of said line the following:


              "Section B. The official ballot title for section A of this act shall read as follows:

              Shall the Missouri Constitution be amended to provide that voting by secret ballot is a fundamental right, and to prohibit the infringement or impairment of the right to vote by secret ballot in public elections or where any federal or state law requires designations or authorizations of employee representation?


              It is estimated this proposal will have no costs or savings to state or local government entities."; and


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


            Representative Skaggs raised a point of order that House Amendment No. 2 amends previously amended material.


            The Chair ruled the point of order not well taken.


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


AYES: 084

 

 

 

 

 

 

 

 

 

Allen

Bivins

Brandom

Brown 30

Brown 149

Bruns

Burlison

Cooper

Cox

Cunningham

Davis

Day

Deeken

Denison

Dethrow

Dieckhaus

Diehl

Dixon

Dugger

Dusenberg

Emery

Ervin

Faith

Fisher 125

Flanigan

Flook

Franz

Gatschenberger

Guernsey

Guest

Hobbs

Hoskins 121

Icet

Jones 89

Jones 117

Keeney

Kingery

Koenig

Kraus

Lair

Largent

Leara

Lipke

Loehner

McGhee

McNary

Molendorp

Munzlinger

Nance

Nieves

Nolte

Parkinson

Parson

Pollock

Pratt

Riddle

Ruestman

Ruzicka

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schoeller

Self

Smith 14

Smith 150

Stevenson

Stream

Thomson

Tilley

Tracy

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright

Yates

Mr Speaker

 

 

 

 

 

 

NOES: 071

 

 

 

 

 

 

 

 

 

Atkins

Aull

Biermann

Bringer

Brown 50

Brown 73

Burnett

Calloway

Carter

Casey

Chappelle-Nadal

Colona

Corcoran

Curls

Dougherty

Englund

Fallert

Fischer 107

Frame

Grill

Harris

Hodges

Holsman

Hoskins 80

Hummel

Jones 63

Kander

Kelly

Kirkton

Komo

Kratky

Kuessner

Lampe

LeBlanc

LeVota

Liese

Low

McClanahan

McDonald

McNeil

Meadows

Meiners

Morris

Nasheed

Norr

Oxford

Pace

Quinn

Roorda

Rucker

Salva

Scavuzzo

Schieffer

Schoemehl

Schupp

Shively

Skaggs

Spreng

Still

Storch

Swinger

Talboy

Todd

Vogt

Walsh

Walton Gray

Webber

Wildberger

Witte

Yaeger

Zimmerman

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

 

El-Amin

Funderburk

Grisamore

Hughes

Silvey

Sutherland

Webb

Zerr

 

 


            Representative Schoeller offered House Amendment No. 3.


House Amendment No. 3


AMEND House Joint Resolution No. 37, Section 35, Page 1, Line 3, by inserting after the words, "referenda, or" the following words, "where state or federal law requires"; and


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


            Representative Burnett raised a point of order that House Amendment No. 3 amends previously amended material.


            The Chair ruled the point of order not well taken.


            Representative Fallert offered House Substitute Amendment No. 1 for House Amendment No. 3.




House Substitute Amendment No. 1

for

House Amendment No. 3


AMEND House Joint Resolution No. 37, Section 35, Page 1, Line 3, by inserting after the words, "referenda, or" the following words, "where state or federal law requires"; and


              Further amend Page 1, Line 3, by deleting the words "or author of employee representation"; and


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


            Representative Fallert moved that House Substitute Amendment No. 1 for House Amendment No. 3 be adopted.


            Which motion was defeated by the following vote:


AYES: 074

 

 

 

 

 

 

 

 

 

Atkins

Aull

Biermann

Bringer

Brown 50

Brown 73

Burnett

Calloway

Carter

Casey

Chappelle-Nadal

Colona

Corcoran

Curls

Dougherty

El-Amin

Englund

Fallert

Fischer 107

Frame

Grill

Harris

Hodges

Holsman

Hoskins 80

Hummel

Jones 63

Kander

Kelly

Kirkton

Komo

Kratky

Kuessner

Lampe

LeBlanc

LeVota

Liese

Low

McClanahan

McDonald

McNeil

Meadows

Meiners

Morris

Nasheed

Norr

Oxford

Pace

Quinn

Roorda

Rucker

Salva

Scavuzzo

Schieffer

Schoemehl

Schupp

Shively

Silvey

Skaggs

Spreng

Still

Storch

Sutherland

Swinger

Talboy

Todd

Vogt

Walsh

Walton Gray

Webber

Wildberger

Witte

Yaeger

Zimmerman

 

 

 

 

 

 

NOES: 083

 

 

 

 

 

 

 

 

 

Allen

Bivins

Brandom

Brown 30

Brown 149

Bruns

Burlison

Cooper

Cox

Cunningham

Davis

Day

Deeken

Denison

Dethrow

Dieckhaus

Diehl

Dixon

Dugger

Dusenberg

Emery

Ervin

Faith

Fisher 125

Flook

Franz

Gatschenberger

Grisamore

Guernsey

Guest

Hobbs

Hoskins 121

Icet

Jones 89

Jones 117

Keeney

Kingery

Koenig

Lair

Largent

Leara

Lipke

Loehner

McGhee

McNary

Molendorp

Munzlinger

Nance

Nieves

Nolte

Parkinson

Parson

Pollock

Pratt

Riddle

Ruestman

Ruzicka

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schoeller

Self

Smith 14

Smith 150

Stevenson

Stream

Thomson

Tilley

Tracy

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright

Yates

Mr Speaker

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

 

Flanigan

Funderburk

Hughes

Kraus

Webb

Zerr

 

 

 

 


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


AYES: 084

 

 

 

 

 

 

 

 

 

Allen

Bivins

Brandom

Brown 30

Brown 149

Bruns

Burlison

Cooper

Cox

Cunningham

Davis

Day

Deeken

Denison

Dethrow

Dieckhaus

Diehl

Dixon

Dugger

Dusenberg

Emery

Ervin

Faith

Fisher 125

Flook

Franz

Gatschenberger

Grisamore

Guernsey

Guest

Hobbs

Hoskins 121

Icet

Jones 89

Jones 117

Keeney

Kingery

Koenig

Lair

Largent

Leara

Lipke

Loehner

McGhee

McNary

Molendorp

Munzlinger

Nance

Nieves

Nolte

Parkinson

Parson

Pollock

Pratt

Riddle

Ruestman

Ruzicka

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schoeller

Self

Smith 14

Smith 150

Stream

Sutherland

Thomson

Tilley

Tracy

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright

Yates

Zerr

Mr Speaker

 

 

 

 

 

 

NOES: 072

 

 

 

 

 

 

 

 

 

Atkins

Aull

Biermann

Bringer

Brown 50

Brown 73

Burnett

Calloway

Carter

Casey

Chappelle-Nadal

Colona

Corcoran

Curls

Dougherty

El-Amin

Englund

Fallert

Fischer 107

Frame

Grill

Harris

Hodges

Holsman

Hoskins 80

Hummel

Jones 63

Kander

Kelly

Kirkton

Komo

Kratky

Kuessner

Lampe

LeBlanc

LeVota

Liese

Low

McClanahan

McDonald

McNeil

Meadows

Meiners

Morris

Nasheed

Norr

Oxford

Pace

Quinn

Roorda

Rucker

Scavuzzo

Schieffer

Schoemehl

Schupp

Shively

Silvey

Skaggs

Spreng

Still

Storch

Swinger

Talboy

Todd

Vogt

Walsh

Walton Gray

Webber

Wildberger

Witte

Yaeger

Zimmerman

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Flanigan

Funderburk

Hughes

Kraus

Salva

Stevenson

Webb

 

 

 


            Representative Walsh offered House Amendment No. 4.


House Amendment No. 4


AMEND House Joint Resolution No. 37, Section 35, Page 1, Line 4, by inserting immediately after all of said section and line the following:


              The provisions of this section shall not be interpreted in such a manner as to interfere with the National Labor Relations Act.”; and


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


            Representative Wilson (130) offered House Amendment No. 1 to House Amendment No. 4.


House Amendment No. 1

to

House Amendment No. 4


AMEND House Amendment No. 4 to House Joint Resolution No. 37, Page 1, Line 4, by deleting the words "interfere with the" and inserting in lieu thereof the words "violate the provisions of the"; and


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


            On motion of Representative Wilson (130), House Amendment No. 1 to House Amendment No. 4 was adopted.


            Representative Walsh moved that House Amendment No. 4, as amended, be adopted.


            Which motion was defeated by following vote:


AYES: 077

 

 

 

 

 

 

 

 

 

Atkins

Aull

Biermann

Bringer

Brown 30

Brown 50

Brown 73

Burnett

Calloway

Carter

Casey

Chappelle-Nadal

Colona

Corcoran

Curls

Dougherty

El-Amin

Englund

Fallert

Fischer 107

Frame

Grill

Harris

Hodges

Holsman

Hoskins 80

Hummel

Jones 63

Kander

Kelly

Kirkton

Komo

Kratky

Kraus

Kuessner

Lampe

LeBlanc

LeVota

Liese

Low

McClanahan

McDonald

McNeil

Meadows

Meiners

Morris

Nasheed

Norr

Oxford

Pace

Quinn

Roorda

Rucker

Salva

Scavuzzo

Schieffer

Schoemehl

Schupp

Shively

Silvey

Skaggs

Spreng

Still

Storch

Sutherland

Swinger

Talboy

Todd

Vogt

Walsh

Walton Gray

Webber

Wildberger

Witte

Yaeger

Zerr

Zimmerman

 

 

 

 

 

 

 

 

NOES: 083

 

 

 

 

 

 

 

 

 

Allen

Bivins

Brandom

Brown 149

Bruns

Burlison

Cooper

Cox

Cunningham

Davis

Day

Deeken

Denison

Dethrow

Dieckhaus

Diehl

Dixon

Dugger

Dusenberg

Emery

Ervin

Faith

Fisher 125

Flanigan

Flook

Franz

Gatschenberger

Grisamore

Guernsey

Guest

Hobbs

Hoskins 121

Icet

Jones 89

Jones 117

Keeney

Kingery

Koenig

Lair

Largent

Leara

Lipke

Loehner

McGhee

McNary

Molendorp

Munzlinger

Nance

Nieves

Nolte

Parkinson

Parson

Pollock

Pratt

Riddle

Ruestman

Ruzicka

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schoeller

Self

Smith 14

Smith 150

Stevenson

Stream

Thomson

Tilley

Tracy

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright

Yates

Mr Speaker

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 003

 

 

 

 

 

 

Funderburk

Hughes

Webb

 

 


            Representative Tilley moved the previous question.


            Which motion was adopted by the following vote:


AYES: 084

 

 

 

 

 

 

 

 

 

Allen

Bivins

Brandom

Brown 30

Brown 149

Bruns

Burlison

Cooper

Cunningham

Day

Deeken

Denison

Dethrow

Dieckhaus

Diehl

Dixon

Dugger

Dusenberg

Emery

Ervin

Faith

Fisher 125

Flanigan

Flook

Franz

Funderburk

Gatschenberger

Grisamore

Guernsey

Guest

Hobbs

Hoskins 121

Icet

Jones 89

Jones 117

Keeney

Kingery

Koenig

Kraus

Lair

Largent

Leara

Lipke

Loehner

McGhee

McNary

Molendorp

Munzlinger

Nance

Nolte

Parkinson

Parson

Pollock

Pratt

Riddle

Ruestman

Ruzicka

Sander

Schaaf

Schad

Scharnhorst

Schlottach

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

Stream

Sutherland

Thomson

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright

Yates

Zerr

Mr Speaker

 

 

 

 

 

 

NOES: 072

 

 

 

 

 

 

 

 

 

Atkins

Aull

Biermann

Bringer

Brown 50

Brown 73

Burnett

Calloway

Carter

Casey

Chappelle-Nadal

Colona

Corcoran

Curls

Dougherty

El-Amin

Englund

Fallert

Fischer 107

Frame

Grill

Harris

Hodges

Holsman

Hoskins 80

Hummel

Jones 63

Kander

Kelly

Kirkton

Komo

Kratky

Kuessner

Lampe

LeBlanc

LeVota

Liese

Low

McClanahan

McDonald

McNeil

Meadows

Meiners

Morris

Nasheed

Norr

Oxford

Pace

Quinn

Roorda

Rucker

Salva

Scavuzzo

Schieffer

Schoemehl

Schupp

Shively

Skaggs

Spreng

Still

Storch

Swinger

Talboy

Todd

Vogt

Walsh

Walton Gray

Webber

Wildberger

Witte

Yaeger

Zimmerman

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Cox

Davis

Hughes

Nieves

Sater

Tracy

Webb

 

 

 


            On motion of Representative Cunningham, HJR 37, as amended, was ordered perfected and printed by the following vote:


AYES: 083

 

 

 

 

 

 

 

 

 

Allen

Bivins

Brandom

Brown 30

Brown 149

Bruns

Burlison

Cooper

Cunningham

Day

Deeken

Denison

Dethrow

Dieckhaus

Diehl

Dixon

Dugger

Dusenberg

Emery

Ervin

Faith

Fisher 125

Flanigan

Flook

Franz

Gatschenberger

Grisamore

Guernsey

Guest

Hobbs

Hoskins 121

Icet

Jones 89

Jones 117

Keeney

Kingery

Koenig

Kraus

Lair

Largent

Leara

Lipke

Loehner

McGhee

McNary

Molendorp

Munzlinger

Nance

Nieves

Nolte

Parkinson

Parson

Pollock

Pratt

Riddle

Ruestman

Ruzicka

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schoeller

Self

Smith 14

Smith 150

Stevenson

Stream

Thomson

Tilley

Tracy

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright

Yates

Mr Speaker

 

 

 

 

 

 

 

NOES: 074

 

 

 

 

 

 

 

 

 

Atkins

Aull

Biermann

Bringer

Brown 50

Brown 73

Burnett

Calloway

Carter

Casey

Chappelle-Nadal

Colona

Corcoran

Curls

Dougherty

El-Amin

Englund

Fallert

Fischer 107

Frame

Funderburk

Grill

Harris

Hodges

Holsman

Hoskins 80

Hummel

Jones 63

Kander

Kelly

Kirkton

Komo

Kratky

Kuessner

Lampe

LeBlanc

LeVota

Liese

Low

McClanahan

McDonald

McNeil

Meadows

Meiners

Morris

Nasheed

Norr

Oxford

Pace

Quinn

Roorda

Rucker

Salva

Scavuzzo

Schieffer

Schoemehl

Schupp

Shively

Silvey

Skaggs

Spreng

Still

Storch

Swinger

Talboy

Todd

Vogt

Walsh

Walton Gray

Webber

Wildberger

Witte

Yaeger

Zimmerman

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

 

Cox

Davis

Hughes

Sutherland

Webb

Zerr

 

 

 

 


HOUSE BILLS WITH SENATE AMENDMENTS


            SCS HCS HB 265, relating to public school retirement systems, was taken up by Representative Franz.


            Representative Franz moved that the House refuse to adopt SCS HCS HB 265 and request the Senate to recede from its position and, failing to do so, grant the House a conference.


            Which motion was adopted.


            Speaker Pro Tem Pratt assumed the Chair.


            SCS HCS HB 397 & HCS HB 947, relating to police retirement systems, was taken up by Representative Flook.


            Representative Flook moved that the House refuse to adopt SCS HCS HB 397 & HCS HB 947 and request the Senate to recede from its position and, failing to do so, grant the House a conference.


            Which motion was adopted.


            SCS HB 269, as amended, relating to vehicle certificates of ownership, was taken up by Representative Parson.


            Representative Parson moved that the House refuse to adopt SCS HB 269, as amended, and request the Senate to recede from its position and, failing to do so, grant the House a conference.


            Which motion was adopted.


            SCS HB 91, relating to a memorial bridge, was taken up by Representative Pollock.


            Representative Pollock moved that the House refuse to adopt SCS HB 91 and request the Senate to recede from its position and, failing to do so, grant the House a conference.


            Which motion was adopted.




            SCS#2 HCS HB 148, relating to the collection of taxes, was taken up by Representative Franz.


            Representative Franz moved that the House refuse to adopt SCS#2 HCS HB 148 and request the Senate to recede from its position and, failing to do so, grant the House a conference.


            Which motion was adopted.


PERFECTION OF HOUSE BILL - APPROPRIATIONS


            HCS HB 17, relating to appropriations, was taken up by Representative Icet.


            On motion of Representative Icet, HCS HB 17 was adopted.


            On motion of Representative Icet, HCS HB 17 was ordered perfected and printed.


THIRD READING OF SENATE BILL


            HCS SCS SB 242, relating to sewer districts, was taken up by Representative Jones (89).


            Representative Jones (89) offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 242, Section 204.363, by removing all of said section from the bill and inserting in lieu thereof the following:


              "204.363. No person who owns real property that is used for residential purposes within the boundaries of any district created under section 30 of article VI of the Missouri Constitution shall be assessed any fee, charge, or tax for storm water management services if the district does not directly provide sanitary sewer services to such property and if the storm water runoff from such person's property does not flow, or is not otherwise conveyed, to a sewer maintained by such district."; and

 

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


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


House Amendment No. 1

to

House Amendment No. 1


AMEND House Amendment No. 1 to House Committee Substitute for Senate Committee Substitute for Senate Bill No. 242, Page 1, Section 204.363, Line 10, by inserting after the word "district", the following:


              "and no city of the third classification that imposes a storm water usage fee based on the runoff rate of storm water on impervious surfaces shall impose such user fee on property owned by any church, public school nonprofit organization, or political subdivision."; and


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

 

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


            On motion of Representative Jones (89), House Amendment No. 1, as amended, was adopted.


            On motion of Representative Jones (89), HCS SCS SB 242, as amended, was adopted.


            On motion of Representative Jones (89), HCS SCS SB 242, as amended, was read the third time and passed by the following vote:


AYES: 147

 

 

 

 

 

 

 

 

 

Allen

Atkins

Aull

Biermann

Bivins

Brandom

Brown 30

Brown 50

Brown 149

Bruns

Burlison

Calloway

Carter

Casey

Chappelle-Nadal

Colona

Cooper

Corcoran

Cox

Cunningham

Curls

Davis

Day

Deeken

Denison

Dethrow

Dieckhaus

Diehl

Dixon

Dougherty

Dugger

Dusenberg

El-Amin

Emery

Englund

Ervin

Faith

Fallert

Fischer 107

Fisher 125

Flanigan

Flook

Frame

Franz

Funderburk

Gatschenberger

Grill

Grisamore

Guernsey

Guest

Harris

Hobbs

Hodges

Holsman

Hoskins 80

Hoskins 121

Hummel

Icet

Jones 63

Jones 89

Jones 117

Kander

Keeney

Kelly

Kingery

Kirkton

Koenig

Komo

Kratky

Kraus

Lair

Lampe

Largent

Leara

LeBlanc

Liese

Lipke

Loehner

McDonald

McGhee

McNary

McNeil

Meadows

Molendorp

Morris

Munzlinger

Nance

Nasheed

Nieves

Nolte

Norr

Oxford

Pace

Parkinson

Parson

Pollock

Pratt

Quinn

Riddle

Roorda

Rucker

Ruestman

Ruzicka

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schoeller

Schoemehl

Self

Shively

Silvey

Smith 14

Smith 150

Spreng

Stevenson

Still

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Tilley

Todd

Tracy

Viebrock

Vogt

Wallace

Walsh

Walton Gray

Wasson

Wells

Weter

Wildberger

Wilson 119

Wilson 130

Wood

Wright

Yaeger

Yates

Zerr

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 012

 

 

 

 

 

 

 

 

 

Bringer

Brown 73

Burnett

Kuessner

LeVota

Low

McClanahan

Schupp

Skaggs

Webber

Witte

Zimmerman

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 004

 

 

 

 

 

 

Hughes

Meiners

Salva

Webb

 


            Speaker Pro Tem Pratt declared the bill passed.


            The emergency clause was adopted by the following vote:


AYES: 150

 

 

 

 

 

 

 

 

 

Allen

Atkins

Aull

Biermann

Bivins

Brandom

Brown 30

Brown 50

Brown 73

Brown 149

Bruns

Burlison

Calloway

Carter

Casey

Chappelle-Nadal

Colona

Cooper

Corcoran

Cox

Cunningham

Curls

Davis

Day

Deeken

Denison

Dethrow

Dieckhaus

Diehl

Dixon

Dougherty

Dugger

Dusenberg

El-Amin

Emery

Englund

Ervin

Faith

Fallert

Fischer 107

Fisher 125

Flanigan

Flook

Frame

Franz

Gatschenberger

Grill

Grisamore

Guernsey

Guest

Harris

Hobbs

Hodges

Holsman

Hoskins 80

Hoskins 121

Hummel

Icet

Jones 63

Jones 89

Jones 117

Kander

Keeney

Kelly

Kingery

Kirkton

Koenig

Komo

Kratky

Kraus

Lair

Lampe

Largent

Leara

LeBlanc

Liese

Lipke

Loehner

Low

McClanahan

McDonald

McGhee

McNary

McNeil

Meadows

Molendorp

Morris

Munzlinger

Nance

Nasheed

Nieves

Nolte

Norr

Oxford

Pace

Parkinson

Parson

Pollock

Pratt

Quinn

Riddle

Roorda

Rucker

Ruestman

Ruzicka

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schoeller

Schoemehl

Self

Shively

Silvey

Smith 14

Smith 150

Stevenson

Still

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Tilley

Todd

Tracy

Viebrock

Vogt

Wallace

Walsh

Walton Gray

Wasson

Wells

Weter

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright

Yaeger

Yates

Zerr

Zimmerman

Mr Speaker

 

 

 

 

 

NOES: 008

 

 

 

 

 

 

 

 

 

Bringer

Burnett

Kuessner

LeVota

Schupp

Skaggs

Spreng

Webber

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 005

 

 

 

 

 

 

Funderburk

Hughes

Meiners

Salva

Webb


            Speaker Richard resumed the Chair.


APPOINTMENT OF CONFERENCE COMMITTEES


            The Speaker appointed the following Conference Committees to act with like Committees from the Senate on the following bills:


SS SCS HCS HB 2: Representatives Icet, Stream, Sater, Kelly and Curls

SS SCS HCS HB 3: Representatives Icet, Stream, Sater, Kelly and Curls

SCS HCS HB 4: Representatives Icet, Stream, Sater, Kelly and Curls

SCS HCS HB 5: Representatives Icet, Stream, Sater, Kelly and Curls

SCS HCS HB 6: Representatives Icet, Stream, Sater, Kelly and Curls

SCS HCS HB 7: Representatives Icet, Stream, Sater, Kelly and Curls

SCS HCS HB 8: Representatives Icet, Stream, Sater, Kelly and Curls

SCS HCS HB 9: Representatives Icet, Stream, Sater, Kelly and Curls

SCS HCS HB 10: Representatives Icet, Stream, Sater, Kelly and Curls

SCS HCS HB 11: Representatives Icet, Stream, Sater, Kelly and Curls

SCS HCS HB 12: Representatives Icet, Stream, Sater, Kelly and Curls

SCS HB 13: Representatives Icet, Stream, Sater, Kelly and Curls


            Speaker Pro Tem Pratt resumed the Chair.


REFERRAL OF HOUSE CONCURRENT RESOLUTION


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


HCR 53 - Special Standing Committee on Children and Families


REFERRAL OF HOUSE BILL


            The following House Bill was referred to the Committee indicated:


HB 1161 - Elections


COMMITTEE REPORTS


            Committee on Elementary and Secondary Education, Chairman Wallace reporting:


            Mr. Speaker: Your Committee on Elementary and Secondary Education, to which was referred SS SB 291, 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 Tax Reform, Chairman Smith (14) reporting:


            Mr. Speaker: Your Committee on Tax Reform, to which was referred SCS SB 71, 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 Rules, Chairman Parson reporting:


            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 21, 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 22, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Substitute.


            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 945, 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 HCS SCS SB 71, begs leave to report it has examined the same and recommends that it Do Pass.


MESSAGES FROM THE SENATE


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS#2 SCS HB 103, entitled:


            An act to repeal sections 44.090, 174.700, 190.092, and 701.355, RSMo, and to enact in lieu thereof five new sections relating to public safety, with an expiration date for a certain section.


            With Senate Amendment No. 1.


Senate Amendment No. 1


AMEND Senate Substitute No. 2 for Senate Committee Substitute for House Bill No. 103, Page 8, Section 190.092, Line 10, by inserting after all of said line the following:


              "306.903. 1. Any person who abandons a boat dock and permits it to float freely without being moored upon lakes having at least nine hundred fifty miles of aggregate shoreline is guilty of an infraction, the penalty for which shall be a fine of not less than twenty-five dollars or more than one hundred dollars.

              2. Any person who abandons a boat dock shall be responsible for the retrieval and disposal of such boat dock. Any person who violates subsection 1 of this section and who does not properly retrieve and dispose of such abandoned boat dock shall, upon a plea of guilty or a finding of guilt for such an offense, be ordered to reimburse the appropriate law enforcement agency, including the state water patrol, for the costs associated with the retrieval and disposal of the abandoned boat dock. The law enforcement agency may establish a schedule of such costs. However, the court may reduce the costs if it determines that the costs are excessive.

              3. The state water patrol may accept gifts, grants, in-kind services and appropriations, and may enter into contracts with private or public entities for the enforcement and administration of this section.

              4. Beginning January 1, [1996] 2010, any person owning a boat dock on lakes having at least nine hundred fifty miles of shoreline and lakes constructed or maintained by the United States Army Corps of Engineers except bodies of water owned by a person, corporation, association, partnership, municipality or other political subdivision, public water supply impoundments, and except drainage ditches construction by a drainage district, but not to include any body of water which has been leased to or owned by the state department of conservation shall display identifying information on the dock, including but not limited to, a permit number issued to the owner by an entity having authority to issue such identification or permit number and the appropriate "911" address or in the absence of a "911" system, the physical address nearest to the dock by land. Any person owning a boat dock on lakes having at least nine hundred fifty miles of aggregate shoreline who violates this subsection may be guilty of an infraction, the penalty for which shall not exceed twenty-five dollars."; and


              Further amend the title and enacting clause accordingly.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 177 & HCS HB 622, entitled:


            An act to repeal section 566.226, RSMo, and to enact in lieu thereof one new section relating to court records for sexual offenses.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SCS HCS HB 247, entitled:


            An act to repeal sections 334.104 and 335.212, RSMo, and to enact in lieu thereof two new sections relating to nursing.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HB 257, entitled:


            An act to repeal section 48.030, RSMo, and to enact in lieu thereof one new section relating to counties changing classification.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HCS HB 306.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 427, entitled:


            An act to repeal sections 41.150, 42.007, 173.234, 301.451, and 452.412, RSMo, and to enact in lieu thereof twelve new sections relating to members of the military and their families.


            With Senate Amendment No. 1, Senate Amendment No. 3, Senate Amendment No. 4 and Senate Amendment No. 5.


Senate Amendment No. 1


AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 427, Pages 4 - 5, Section 115.278, by deleting said section; and


              Further amend the title and enacting clause accordingly.




Senate Amendment No. 3


AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 427, Page 2, Section 42.007, Line 12, by inserting immediately after the word "leader" the following:


              ", and in appointing such members, preference shall be given to current or former members of the military and their spouses, parents, and children".


Senate Amendment No. 4


AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 427, Page 16, Section 452.412, Line 27, by inserting after all of said line the following:


              "Section 1. The state highways and transportation commission shall erect signs commemorating the Korean War at every state road or state highway that crosses or intersects the thirty-eighth parallel."; and


              Further amend the title and enacting clause accordingly.


Senate Amendment No. 5


AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 427, Page 14, Section 301.451, Line 24, by inserting after said line the following:


              "301.3157. 1. Any person who has been awarded the military service award known as the "Armed Forces Expeditionary Medal" may apply for Armed Forces Expeditionary Medal motor vehicle license plates for any motor vehicle such person owns, either solely or jointly, other than an apportioned motor vehicle or a commercial motor vehicle licensed in excess of eighteen thousand pounds gross weight.

              2. Any such person shall make application for Armed Forces Expeditionary Medal license plates on a form provided by the director of revenue and furnish such proof as a recipient of the Armed Forces Expeditionary Medal as the director may require. The director shall then issue license plates bearing letters or numbers or a combination thereof as determined by the director with the words "ARMED FORCES EXPEDITIONARY MEDAL" in place of the words "SHOW-ME STATE". Such license plates shall be made with fully reflective material with a common color scheme and design, shall be clearly visible at night, and shall be aesthetically attractive, as prescribed by section 301.130. Such plates shall also be inscribed with the words "expeditionary service" and bear a reproduction of the armed forces expeditionary service ribbon.

              3. There shall be a fifteen-dollar fee in addition to the regular registration fees charged for each set of Armed Forces Expeditionary Medal license plates issued pursuant to this section. A fee for the issuance of personalized license plates pursuant to section 301.144 shall not be required for plates issued pursuant to this section. There shall be no limit on the number of license plates any person qualified pursuant to this section may obtain so long as each set of license plates issued pursuant to this section is issued for vehicles owned solely or jointly by such person. License plates issued pursuant to the provisions of this section shall not be transferable to any other person except that any registered co-owner of the motor vehicle shall be entitled to operate the motor vehicle with such plates for the duration of the year licensed in the event of the death of the qualified person."; and


              Further amend the title and enacting clause accordingly.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HCS HB 914.

 

            Emergency clause adopted.




ADJOURNMENT


            On motion of Representative Tilley, the House adjourned until 10:00 a.m., Tuesday, April 28, 2009.


COMMITTEE MEETINGS


ADMINISTRATION AND ACCOUNTS

Wednesday, April 29, 2009, 8:00 a.m. Hearing Room 3.

Legislative assistants salaries, changes to the House Handbook and

members' use of their 800 account.

Executive session may follow.


AGRICULTURE POLICY

Thursday, April 30, 2009, 9:00 a.m. Hearing Room 6.

Executive session will be held on: HB 233


BUDGET

Wednesday, April 29, 2009, 8:00 a.m. Hearing Room 3.

Tax Credit Review.

Executive session may follow.


ELECTIONS

Tuesday, April 28, 2009, 8:30 a.m. Hearing Room 5.

Executive session may follow.

Public hearing to be held on: HB 1000


ELEMENTARY AND SECONDARY EDUCATION

Tuesday, April 28, 2009, 8:00 a.m. Hearing Room 6.

Executive session.


ENERGY AND ENVIRONMENT

Tuesday, April 28, 2009, 8:15 a.m. Hearing Room 1.

Possible Executive session.

Public hearing to be held on: SS SCS SB 376


ETHICS

Tuesday, April 28, 2009, 8:30 a.m. Hearing Room 3.

Closed meeting pursuant to the Ethics Committee Rules of Procedure.


HEALTH CARE POLICY

Wednesday, April 29, 2009, Hearing Room 6, 12:00 p.m. or upon afternoon recess.

Executive session may follow.

Public hearing to be held on: SCS SB 104




INSURANCE POLICY

Tuesday, April 28, 2009, 1:15 p.m. Hearing Room 7.

Executive session. CANCELLED


JOB CREATION AND ECONOMIC DEVELOPMENT

Tuesday, April 28, 2009, 5:00 p.m. Hearing Room 7.

Possible Executive session.

Public hearings to be held on: HB 1062, HB 1074


JOINT COMMITTEE ON PUBLIC EMPLOYEE RETIREMENT

Wednesday, April 29, 2009, 8:30 a.m. Hearing Room 2.

Recommendation from Personnel Subcommittee.

Pursuant to Section 610.022.2 relating to closed meetings and Section 610.021.3 relating to personnel matters, vote may be taken to hold a closed meeting.


PUBLIC SAFETY

Wednesday, April 29, 2009, 1:30 p.m. House Chamber south gallery.

Executive session only.


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

Tuesday, April 28, 2009, 9:00 a.m. Hearing Room 4.

Possible Executive session.

Any bills referred to the Rules Committee - Pursuant to Rule 25(32)(f). CANCELLED


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

Tuesday, April 28, 2009, Hearing Room 5 upon evening adjournment.

Any bills referred to the Rules Committee - Pursuant to Rule 25(32)(f).

Possible Executive session.


SPECIAL STANDING COMMITTEE ON GENERAL LAWS

Tuesday, April 28, 2009, Hearing Room 4 upon morning recess.

Executive session may follow.

Public hearings to be held on: HB 399, HB 837


SPECIAL STANDING COMMITTEE ON HEALTH INSURANCE

Tuesday, April 28, 2009, Hearing Room 5 upon morning recess.

Executive session possible.

Public hearing to be held on: SS SCS SB 306




HOUSE CALENDAR


SIXTY-THIRD DAY, TUESDAY, APRIL 28, 2009


HOUSE JOINT RESOLUTIONS FOR PERFECTION


1          HCS HJR 16 - Davis

2          HCS HJR 9 - Cox


HOUSE BILLS FOR PERFECTION - APPROPRIATIONS


1          HCS HB 21 - Icet

2          HCS HB 22 - Icet


HOUSE BILLS FOR PERFECTION


1          HCS HB 522 - Fisher (125)

2          HCS HB 703 - Jones (89)

3          HCS HB 497 - Ervin

4          HCS HB 414 - Low

5          HCS HB 967 - Hobbs

6          HB 746 - Bringer

7          HCS HB 330 - Riddle

8          HCS HB 313 - Yates

9          HCS HB 799 - Jones (89)

10        HCS HB 162 - Dusenberg

11        HB 321 - Emery

12        HCS HB 363, HA 1, pending - Silvey

13        HCS HB 735 - Yates

14        HCS HB 387 - Cooper

15        HCS HB 566 - Salva

16        HCS HB 190 - Flook

17        HCS HB 857 - Pollock

18        HCS HB 647 - Schaaf

19        HCS#2 HB 372 - Schaaf

20        HCS HB 356 - Wallace

21        HCS HB 654 - Schoeller

22        HCS HB 937 - Icet

23        HCS HB 1055 - Pratt

24        HB 84 - Wood

25        HCS HB 591 - Sutherland

26        HCS HB 819 - Cooper

27        HB 1058 - Smith (150)

28        HCS HB 945 - Wells




HOUSE BILLS FOR THIRD READING - APPROPRIATIONS


HCS HB 17 - Icet


HOUSE BILLS FOR THIRD READING


1          HCS HB 95, (Fiscal Review 4-02-09) - Schaaf

2          HB 45, (Fiscal Review 4-22-09) - Sater


HOUSE BILLS FOR THIRD READING - CONSENT


HCS HB 304 - Schad


HOUSE CONCURRENT RESOLUTIONS


1          HCR 17, (3-12-09, Pages 593-594) - Sander

2          HCR 19, (3-11-09, Pages 554-555) - Wright

3          HCR 45, (4-07-09, Page 956) - Wallace


SENATE BILLS FOR THIRD READING - CONSENT


1          SB 277 - Brandom

2          HCS SB 421, E.C. - Cunningham

3          SB 66 - Hoskins (121)

4          SCS SB 127 - Funderburk

5          SCS SB 394 - Ervin

6          HCS SB 147 - Zerr

7          HCS SB 154 - Wallace

8          SB 156 - Wood

9          SB 232 - Dixon

10        HCS SCS SB 338 - Lipke

11        HCS SCS SB 157 - Scharnhorst

12        HCS SCS SB 47 - Bruns

13        HCS SCS SB 563 - Leara

14        HCS SB 435 - Brown (149)

15        SB 398 - Loehner

16        HCS SB 263 - Wright

17        SCS SB 265 - Jones (89)

18        SB 161 - Viebrock

19        HCS SCS SB 411 - Viebrock

20        HCS SCS SB 152 - Loehner

21        HCS SB 196 - Scavuzzo




SENATE BILLS FOR THIRD READING


1          HCS SS SCS SB 1 - Wasson

2          HCS SB 377, E.C. - Flook

3          HCS SS SB 307 - Schaaf

4          SCS SB 140 - Jones (89)

5          SS SCS SB 141 - Jones (89)

6          HCS SB 171 - Schlottach

7          SCS SB 153 - Cunningham

8          SCS SB 202 - Dusenberg

9          SB 217 - Stevenson

10        SB 224 - Pratt

11        SCS SB 231 - Stevenson

12        SCS SB 243 - Jones (89)

13        HCS SB 296 - Wells

14        SB 513 - Diehl

15        SB 526 - Brown (149)

16        HCS SCS SB 71 - Icet


HOUSE BILLS WITH SENATE AMENDMENTS


1          SCS HCS HBs 93 & 216, as amended, E.C. - Thomson

2          SCS HCS HB 111 - Day

3          SCS HB 861 - Day

4          SCS HCS HB 752 - Schieffer

5          SS SCS HCS HB 359, as amended, E.C. - Denison

6          SS SCS HB 395, as amended, E.C. - Nance

7          SS HCS HB 661, as amended, E.C. - Ruzicka

8          SS HB 259, as amended - Tilley

9          SCS HB 171 - Cox

10        SCS HCS HB 272 - Chappelle-Nadal

11        SCS HCS HB 237, HB 238 & HB 482 - Jones (89)

12        SCS HB 866 - Wells

13        SCS HCS HBs 836 & 753 - Curls

14        SCS HB 867 - Guest

15        SCS HCS HB 667 - Jones (117)

16        HB 644, SA 1, SA 2 - Wilson (130)

17        SCS HB 326 - Sutherland

18        SCS HCS HB 236, E.C. - Lipke

19        SCS HB 506 - Funderburk

20        SCS HB 922 - Smith (14)

21        SCS HB 257 - Schieffer

22        SS SCS HCS HB 247 - Loehner

23        SS#2 SCS HB 103, as amended - Wildberger

24        SCS HCS HB 427, as amended - Largent

25        SCS HCS HB 177 & HCS HB 622 - Cox


BILLS CARRYING REQUEST MESSAGES


1          SCS HCS HB 265, (request Senate recede/grant conference), E.C. - Franz

2          SCS HCS HB 397 & HCS HB 947, (request Senate recede/grant conference) - Flook

3          SCS HB 269, as amended, (request Senate recede/grant conference) - Parson

4          SCS HB 91, (request Senate recede/grant conference) - Pollock

5          SCS#2 HCS HB 148, (request Senate recede/grant conference) - Franz


BILLS IN CONFERENCE


1          SS SCS HCS HB 2 - Icet

2          SS SCS HCS HB 3 - Icet

3          SCS HCS HB 4 - Icet

4          SCS HCS HB 5 - Icet

5          SCS HCS HB 6 - Icet

6          SCS HCS HB 7 - Icet

7          SCS HCS HB 8 - Icet

8          SCS HCS HB 9 - Icet

9          SCS HCS HB 10 - Icet

10        SCS HCS HB 11 - Icet

11        SCS HCS HB 12 - Icet

12        SCS HB 13 - Icet