Journal of the House

JOURNAL OF THE HOUSE

First Regular Session, 97th GENERAL ASSEMBLY

FORTY-SIXTH DAY, THURSDAY, APRIL 4, 2013

The House met pursuant to adjournment.

Speaker Jones in the Chair.

Prayer by Msgr. Robert A. Kurwicki, Chaplain.

Do not be overcome by evil, but overcome evil with good. (Romans 12:21)

Our God, open to us the gates of the morning and reveal to us the glory of a new day as we pause a minute at the altar of prayer. We are facing full days and living through interesting times. For this we need courage and strength and an inner stability of spirit. Grant unto us now the grace of a quiet mind, a steady faith, and a strong will, which will make us more than a match for the mood of this moving moment.

Help us to stand up for the rights of all, for obedience to the laws of our state, and for the principles of good government—believing that Your spirit will guide us, Your power will strengthen us, and Your presence will bless us as we do what we firmly believe to be right. We pray also that the people of Missouri may seek to do what is right and good for all and that we may learn to live together in peace.

And the House says, “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: Megan Saleny, Breycin Dysart, Dillon Cardwell and Jacob Haley.

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

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1209 through House Resolution No. 1328

COMMITTEE REPORTS

Committee on Fiscal Review, Vice-Chairman Haefner reporting:

Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS HB 168, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review, to which was referred HB 316, begs leave to report it has examined the same and recommends that it Do Pass.

957 958 Journal of the House

SIGNING OF SENATE BILL

All other business of the House was suspended while HCS SCS SB 182 was read at length and, there being no objection, was signed by the Speaker to the end that the same may become law.

THIRD READING OF HOUSE BILLS

HB 316, relating to the Division of Tourism Revenue Fund, was taken up by Representative Phillips.

On motion of Representative Phillips, HB 316 was read the third time and passed by the following vote:

AYES: 149

Allen Anders Anderson Austin Barnes Bernskoetter Berry Black Brattin Burlison Burns Butler Cierpiot Colona Conway 10 Conway 104 Cookson Cornejo Cox Crawford Cross Curtis Davis Dohrman Dugger Dunn Ellinger Ellington Elmer Engler English Englund Entlicher Fitzpatrick Fitzwater Flanigan Fowler Fraker Frame Franklin Frederick Funderburk Gannon Gardner Gatschenberger Gosen Grisamore Guernsey Haahr Haefner Hansen Harris Hicks Higdon Hinson Hodges Hoskins Hough Houghton Hubbard Hummel Hurst Johnson Jones 50 Justus Keeney Kelley 127 Kelly 45 Kirkton Kolkmeyer Korman Kratky LaFaver Lair Lant Lauer Leara Lichtenegger Love Lynch May Mayfield McCaherty McCann Beatty McDonald McGaugh McManus McNeil Meredith Messenger Miller Mitten Montecillo Morgan Morris Muntzel Neely Neth Newman Nichols Norr Otto Pace Parkinson Pfautsch Phillips Pierson Pike Pogue Redmon Rehder Reiboldt Remole Rhoads Richardson Riddle Rizzo Roorda Ross Rowden Rowland Runions Scharnhorst Schatz Schieber Schieffer Schupp Shull Shumake Smith 85 Solon Sommer Spencer Stream Swan Swearingen Thomson Torpey Walker Walton Gray Webb Webber White Wieland Wilson Wood Wright Zerr Mr Speaker

NOES: 004

Bahr Curtman Koenig Marshall

PRESENT: 000 Forty-Sixth Day–Thursday, April 4, 2013 959

ABSENT WITH LEAVE: 008

Brown Carpenter Diehl Hampton McKenna Mims Molendorp Smith 120

VACANCIES: 002

Speaker Jones declared the bill passed.

HCS HB 168, relating to higher education residency status, was taken up by Representative Davis.

On motion of Representative Davis, HCS HB 168 was read the third time and passed by the following vote:

AYES: 152

Allen Anders Anderson Austin Bahr Barnes Bernskoetter Berry Black Brattin Burlison Burns Butler Cierpiot Colona Conway 10 Conway 104 Cookson Cornejo Cox Crawford Cross Curtis Curtman Davis Dohrman Dugger Dunn Ellinger Ellington Elmer Engler English Englund Entlicher Fitzpatrick Fitzwater Flanigan Fowler Fraker Frame Franklin Frederick Gannon Gardner Gatschenberger Gosen Grisamore Guernsey Haahr Haefner Hansen Harris Hicks Higdon Hinson Hodges Hoskins Hough Houghton Hubbard Hummel Hurst Johnson Jones 50 Justus Keeney Kelley 127 Kelly 45 Kirkton Koenig Kolkmeyer Korman Kratky LaFaver Lair Lant Lauer Leara Lichtenegger Love Lynch Marshall May Mayfield McCaherty McCann Beatty McDonald McGaugh McManus McNeil Meredith Messenger Miller Mims Mitten Montecillo Morgan Morris Muntzel Neely Neth Newman Nichols Norr Otto Pace Parkinson Pfautsch Phillips Pierson Pike Pogue Redmon Rehder Reiboldt Remole Rhoads Richardson Riddle Rizzo Roorda Ross Rowden Rowland Runions Scharnhorst Schatz Schieber Schieffer Schupp Shull Shumake Smith 85 Solon Sommer Spencer Stream Swan Thomson Torpey Walker Walton Gray Webb Webber White Wieland Wilson Wood Wright Zerr Mr Speaker

NOES: 000

PRESENT: 000 960 Journal of the House

ABSENT WITH LEAVE: 009

Brown Carpenter Diehl Funderburk Hampton McKenna Molendorp Smith 120 Swearingen

VACANCIES: 002

Speaker Jones declared the bill passed.

HCS HBs 446 & 211, relating to real estate loans, was taken up by Representative Cox.

Representative Parkinson assumed the Chair.

On motion of Representative Cox, HCS HBs 446 & 211 was read the third time and passed by the following vote:

AYES: 130

Allen Anders Anderson Austin Bahr Barnes Bernskoetter Berry Black Brattin Burlison Carpenter Cierpiot Conway 10 Conway 104 Cookson Cornejo Cox Crawford Cross Curtman Davis Dohrman Dugger Elmer Engler English Englund Entlicher Fitzpatrick Fitzwater Flanigan Fowler Fraker Frame Franklin Frederick Funderburk Gannon Gatschenberger Gosen Grisamore Guernsey Haahr Haefner Hansen Harris Hicks Higdon Hinson Hodges Hoskins Hough Houghton Hubbard Hummel Hurst Johnson Jones 50 Justus Keeney Kelley 127 Kelly 45 Koenig Kolkmeyer Korman Kratky LaFaver Lair Lant Lauer Leara Lichtenegger Love Lynch Marshall Mayfield McCaherty McCann Beatty McGaugh Messenger Miller Mims Morgan Morris Muntzel Neely Neth Nichols Parkinson Pfautsch Phillips Pike Pogue Redmon Rehder Reiboldt Remole Rhoads Richardson Riddle Rizzo Roorda Ross Rowden Rowland Runions Scharnhorst Schatz Schieber Schieffer Shull Shumake Solon Sommer Spencer Stream Swan Swearingen Thomson Torpey Walker Webber White Wieland Wilson Wood Wright Zerr Mr Speaker

NOES: 024

Burns Butler Colona Curtis Dunn Ellinger Ellington Gardner Kirkton May McDonald McNeil Meredith Mitten Montecillo Newman Norr Otto Pace Pierson Schupp Smith 85 Walton Gray Webb Forty-Sixth Day–Thursday, April 4, 2013 961

PRESENT: 000

ABSENT WITH LEAVE: 007

Brown Diehl Hampton McKenna McManus Molendorp Smith 120

VACANCIES: 002

Representative Parkinson declared the bill passed.

HCS HB 315, relating to prescription eye drop refills, was taken up by Representative Rowland.

On motion of Representative Rowland, HCS HB 315 was read the third time and passed by the following vote:

AYES: 149

Allen Anders Anderson Austin Barnes Bernskoetter Berry Black Brattin Burns Butler Carpenter Cierpiot Colona Conway 10 Conway 104 Cookson Cornejo Cox Crawford Cross Curtis Curtman Davis Dohrman Dugger Dunn Ellinger Ellington Elmer Engler English Englund Entlicher Fitzpatrick Fitzwater Flanigan Fowler Fraker Frame Franklin Frederick Gannon Gardner Gatschenberger Gosen Grisamore Guernsey Haahr Haefner Hansen Harris Hicks Higdon Hinson Hodges Hoskins Hough Houghton Hubbard Hummel Hurst Johnson Jones 50 Justus Keeney Kelley 127 Kelly 45 Kirkton Kolkmeyer Korman Kratky LaFaver Lair Lant Lauer Leara Lichtenegger Love Lynch May Mayfield McCaherty McCann Beatty McDonald McGaugh McManus McNeil Meredith Messenger Miller Mims Mitten Montecillo Morgan Morris Muntzel Neely Neth Newman Nichols Norr Otto Pace Parkinson Pfautsch Phillips Pierson Pike Pogue Rehder Reiboldt Remole Rhoads Richardson Riddle Rizzo Roorda Ross Rowden Rowland Runions Scharnhorst Schatz Schieber Schieffer Schupp Shull Shumake Smith 85 Solon Sommer Spencer Stream Swan Swearingen Thomson Torpey Walker Walton Gray Webb Webber White Wieland Wilson Wood Wright Zerr Mr Speaker

NOES: 004

Bahr Burlison Koenig Marshall 962 Journal of the House

PRESENT: 000

ABSENT WITH LEAVE: 008

Brown Diehl Funderburk Hampton McKenna Molendorp Redmon Smith 120

VACANCIES: 002

Representative Parkinson declared the bill passed.

HCS HB 46, relating to the Preserving Freedom from Unwarranted Surveillance Act, was taken up by Representative Guernsey.

Representative Cierpiot moved the previous question.

Which motion was adopted by the following vote:

AYES: 096

Allen Anderson Austin Bahr Barnes Bernskoetter Berry Brattin Burlison Cierpiot Conway 104 Cookson Cornejo Cox Crawford Cross Curtman Davis Dohrman Dugger Elmer Engler Entlicher Fitzpatrick Fitzwater Fowler Fraker Franklin Gannon Gatschenberger Gosen Guernsey Haahr Haefner Hansen Hicks Higdon Hinson Hoskins Hough Houghton Hurst Johnson Jones 50 Justus Keeney Kelley 127 Koenig Kolkmeyer Korman Lair Lant Lauer Leara Lichtenegger Love Lynch McCaherty McGaugh Messenger Miller Morris Muntzel Neth Parkinson Pfautsch Phillips Pike Pogue Rehder Reiboldt Remole Rhoads Richardson Riddle Ross Rowden Rowland Scharnhorst Schatz Schieber Shull Shumake Solon Sommer Spencer Swan Thomson Torpey Walker White Wieland Wilson Wood Zerr Mr Speaker

NOES: 052

Anders Black Burns Butler Carpenter Colona Conway 10 Curtis Dunn Ellinger Ellington English Englund Frame Gardner Harris Hodges Hubbard Hummel Kelly 45 Kirkton Kratky LaFaver Marshall May Mayfield McCann Beatty McDonald McManus McNeil Meredith Mims Mitten Montecillo Morgan Newman Nichols Norr Otto Pace Pierson Rizzo Roorda Runions Schieffer Schupp Smith 85 Swearingen Walton Gray Webb Webber Wright Forty-Sixth Day–Thursday, April 4, 2013 963

PRESENT: 000

ABSENT WITH LEAVE: 013

Brown Diehl Flanigan Frederick Funderburk Grisamore Hampton McKenna Molendorp Neely Redmon Smith 120 Stream

VACANCIES: 002

On motion of Representative Guernsey, HCS HB 46 was read the third time and passed by the following vote:

AYES: 087

Allen Anderson Bahr Barnes Bernskoetter Berry Brattin Burlison Cierpiot Conway 104 Cookson Cornejo Crawford Curtman Davis Dohrman Dugger Ellington Elmer Entlicher Fitzpatrick Fitzwater Flanigan Fraker Franklin Frederick Funderburk Gatschenberger Gosen Guernsey Haefner Hansen Hicks Hinson Hoskins Hough Houghton Hurst Johnson Jones 50 Keeney Kelley 127 Koenig Kolkmeyer Korman Lair Lant Leara Lichtenegger Love Lynch McGaugh Messenger Morris Muntzel Neth Parkinson Pfautsch Pike Pogue Rehder Reiboldt Remole Rhoads Richardson Riddle Ross Rowland Scharnhorst Schatz Schieffer Shull Shumake Smith 85 Solon Sommer Spencer Stream Swan Thomson Torpey Walker Wieland Wilson Wood Zerr Mr Speaker

NOES: 066

Anders Austin Black Burns Butler Carpenter Colona Conway 10 Cox Cross Curtis Dunn Ellinger Engler English Englund Fowler Frame Gannon Gardner Haahr Harris Higdon Hodges Hubbard Hummel Justus Kelly 45 Kirkton Kratky LaFaver Lauer Marshall May Mayfield McCaherty McCann Beatty McDonald McManus McNeil Meredith Miller Mims Mitten Montecillo Morgan Neely Newman Nichols Norr Otto Pace Phillips Pierson Rizzo Roorda Rowden Runions Schieber Schupp Swearingen Walton Gray Webb Webber White Wright

PRESENT: 000 964 Journal of the House

ABSENT WITH LEAVE: 008

Brown Diehl Grisamore Hampton McKenna Molendorp Redmon Smith 120

VACANCIES: 002

Representative Parkinson declared the bill passed.

The emergency clause was defeated by the following vote:

AYES: 000

NOES: 147

Allen Anders Anderson Austin Bahr Barnes Bernskoetter Berry Black Brattin Burlison Burns Butler Carpenter Cierpiot Colona Conway 10 Conway 104 Cookson Cornejo Crawford Cross Curtis Curtman Davis Dohrman Dugger Dunn Ellinger Ellington Elmer Engler English Englund Entlicher Fitzpatrick Fitzwater Fowler Fraker Frame Franklin Frederick Funderburk Gannon Gardner Gatschenberger Gosen Guernsey Haahr Haefner Hansen Harris Hicks Higdon Hinson Hodges Hoskins Hough Houghton Hubbard Hummel Hurst Johnson Justus Keeney Kelley 127 Kelly 45 Kirkton Koenig Kolkmeyer Korman Kratky LaFaver Lair Lant Lauer Leara Lichtenegger Love Lynch Marshall May Mayfield McCaherty McCann Beatty McDonald McGaugh McManus McNeil Meredith Messenger Miller Mims Mitten Montecillo Morgan Morris Muntzel Neely Neth Newman Nichols Norr Otto Pace Parkinson Pfautsch Phillips Pierson Pike Pogue Rehder Reiboldt Remole Rhoads Richardson Rizzo Roorda Ross Rowden Rowland Runions Schatz Schieber Schieffer Schupp Shull Shumake Smith 85 Solon Sommer Spencer Stream Swan Swearingen Thomson Walker Walton Gray Webb Webber White Wieland Wilson Wood Wright Zerr Mr Speaker

PRESENT: 001

Cox

ABSENT WITH LEAVE: 013

Brown Diehl Flanigan Grisamore Hampton Jones 50 McKenna Molendorp Redmon Riddle Scharnhorst Smith 120 Torpey

VACANCIES: 002 Forty-Sixth Day–Thursday, April 4, 2013 965

REFERRAL OF HOUSE CONCURRENT RESOLUTIONS

The following House Concurrent Resolutions were referred to the Committee indicated:

HCR 8 - General Laws HCR 32 - Utilities HCR 33 - General Laws HCR 34 - Emerging Issues in Agriculture HCR 35 - Rules

REFERRAL OF HOUSE JOINT RESOLUTION

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

HJR 35 - General Laws

REFERRAL OF HOUSE BILLS

The following House Bills were referred to the Committee indicated:

HB 140 - Local Government HB 461 - Crime Prevention and Public Safety HB 606 - Judiciary HB 612 - Local Government HB 613 - Health Care Policy HB 693 - Transportation HB 750 - Health Insurance HB 762 - Professional Registration and Licensing HB 764 - Local Government HB 811 - Small Business HB 821 - Elementary and Secondary Education HB 834 - Children, Families, and Persons with Disabilities HB 835 - Tourism and Natural Resources HB 844 - Utilities HB 856 - Health Care Policy HB 863 - Downsizing State Government HB 872 - General Laws HB 897 - Retirement HB 911 - Children, Families, and Persons with Disabilities HB 912 - General Laws HB 913 - Children, Families, and Persons with Disabilities HB 915 - General Laws HB 917 - Ways and Means HB 921 - Economic Development HB 923 - General Laws HB 925 - Special Standing Committee on Emerging Issues in Health Care HB 926 - Special Standing Committee on Emerging Issues in Health Care 966 Journal of the House

HB 928 - Elementary and Secondary Education HB 929 - Health Care Policy HB 930 - Budget HB 931 - General Laws HB 932 - Local Government HB 936 - Special Standing Committee on Emerging Issues in Health Care HB 942 - Elementary and Secondary Education HB 944 - Tourism and Natural Resources HB 962 - Emerging Issues in Agriculture HB 963 - Agri-Business HB 964 - Agriculture Policy HB 968 - Children, Families, and Persons with Disabilities HB 975 - General Laws HB 985 - Government Oversight and Accountability HB 986 - Government Oversight and Accountability HB 987 - Government Oversight and Accountability HB 988 - Government Oversight and Accountability HB 991 - Crime Prevention and Public Safety HB 992 - Crime Prevention and Public Safety HB 1017 - Transportation

RE-REFERRAL OF SENATE BILL

The following Senate Bill was re-referred to the Committee indicated:

SB 59 - Insurance Policy

COMMITTEE REPORTS

Committee on Agri-Business, Chairman Guernsey reporting:

Mr. Speaker: Your Committee on Agri-Business, to which was referred HB 881, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Substitute, and pursuant to Rule 25(34)(f) be referred to the Committee on Rules.

Committee on Agriculture Policy, Chairman Reiboldt reporting:

Mr. Speaker: Your Committee on Agriculture Policy, to which was referred SB 16, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(34)(f) be referred to the Committee on Rules.

Committee on Downsizing State Government, Chairman Curtman reporting:

Mr. Speaker: Your Committee on Downsizing State Government, to which was referred HB 859, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Substitute, and pursuant to Rule 25(34)(f) be referred to the Committee on Rules. Forty-Sixth Day–Thursday, April 4, 2013 967

Committee on General Laws, Chairman Jones (50) reporting:

Mr. Speaker: Your Committee on General Laws, to which was referred HJR 26, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Substitute, and pursuant to Rule 25(34)(f) be referred to the Committee on Rules.

Mr. Speaker: Your Committee on General Laws, to which was referred HB 543, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Substitute, and pursuant to Rule 25(34)(f) be referred to the Committee on Rules.

Mr. Speaker: Your Committee on General Laws, to which was referred HB 795, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Substitute, and pursuant to Rule 25(34)(f) be referred to the Committee on Rules.

Committee on Government Oversight and Accountability, Chairman Barnes reporting:

Mr. Speaker: Your Committee on Government Oversight and Accountability, to which was referred HB 700, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Substitute, and pursuant to Rule 25(34)(f) be referred to the Committee on Rules.

Committee on Health Care Policy, Chairman Frederick reporting:

Mr. Speaker: Your Committee on Health Care Policy, to which was referred HCR 15, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(34)(f) be referred to the Committee on Rules.

Mr. Speaker: Your Committee on Health Care Policy, to which was referred HB 185, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(34)(f) be referred to the Committee on Rules.

Special Standing Committee on Emerging Issues in Health Care, Chairman Richardson reporting:

Mr. Speaker: Your Special Standing Committee on Emerging Issues in Health Care, to which was referred HB 593 and HB 695, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Substitute, and pursuant to Rule 25(34)(f) be referred to the Committee on Rules.

Special Standing Committee on Urban Issues, Chairman Hubbard reporting:

Mr. Speaker: Your Special Standing Committee on Urban Issues, to which was referred HB 285, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Substitute, and pursuant to Rule 25(34)(f) be referred to the Committee on Rules. 968 Journal of the House

Committee on Veterans, Chairman Davis reporting:

Mr. Speaker: Your Committee on Veterans, to which was referred HB 309 and HB 73, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Substitute, and pursuant to Rule 25(34)(f) be referred to the Committee on Rules.

Committee on Rules, Chairman Riddle reporting:

Mr. Speaker: Your Committee on Rules, to which was referred HCS HJR 14, 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 HB 161, 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 HB 175, 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 326, 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 HB 398, 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 HBs 404 & 614, 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 HBs 455 & 297, 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 HB 458, 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 HB 621, 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#2 HB 631, 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 HB 698, begs leave to report it has examined the same and recommends that it Be Returned to the Committee of Origin as HB 698.

Mr. Speaker: Your Committee on Rules, to which was referred HB 756, 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 HB 787, begs leave to report it has examined the same and recommends that it Do Pass. Forty-Sixth Day–Thursday, April 4, 2013 969

Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 813, 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 HB 850, 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 SCS SJR 14, entitled:

Joint resolution submitting to the qualified voters of Missouri, an amendment repealing section 23 of article I of the Constitution of Missouri, and adopting one new section in lieu thereof relating to the right of Missouri citizens to keep and bear arms.