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JOURNAL OF THE HOUSE Second Regular Session, 94th GENERAL ASSEMBLY FIFTIETH DAY, WEDNESDAY, APRIL 9, 2008 The House met pursuant to adjournment. Speaker Pro Tem Pratt in the Chair. Prayer by Reverend James Earl Jackson. Great and marvelous are Your works, Lord God Almighty! Just and true are Your ways. We endeavor, this day, to make the most of every opportunity presented to us. We recognize that, for many of our constituents, these are desperate times! We refuse to act thoughtlessly, but thoughtfully, endeavoring to find out, and do, what is impartial, purposeful and beneficial for all concerned. Help us to not waste our time on useless work, mere busyness, or the empty pursuit of activity. When we slip into those moments, expose them that we might make the necessary corrections. As seconds turn into minutes and minutes into hours, and the hours reach deep into the evening, grant us strength of character, strength of mind, and most certainly, strength of body, that we may endure. Now may Your peace, which surpasses all understanding, guard our hearts and our minds throughout this day and the remainder of this week. We ask these things in the name of Your Son. 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: Ryan Childress, Hunter Soule, Ashten Lorts, Dylan Grawe, Mark Lamb, Ashley Dowden, Ryan Olson, Tiffany Dattel, Grace Dockhorn, Logan Ball, Ajahni Johnston, Taylor Corkery and Hannah Thompson. The Journal of the forty-ninth day was approved as corrected. SPECIAL RECOGNITION Dr. Mark Prelas was introduced by Representative Salva and recognized as an Outstanding Missourian. Mickey Carroll, original "Wizard of Oz" munchkin, was introduced by Representative Schneider and presented a resolution for being selected as an honorary member of the 1904 World's Fair Charitable Foundation Board. 825 826 Journal of the House PERFECTION OF HOUSE BILLS HCS HBs 2040 & 2430, relating to educational personnel compensation, was taken up by Representative Jetton. HCS HBs 2040 & 2430 was laid over. HCS HBs 1549, 1771, 1395 & 2366, with Part II and Part III, pending, relating to illegal aliens, was taken up by Representative Onder. Representative Nieves assumed the Chair. Speaker Pro Tem Pratt resumed the Chair. Representative Tilley moved the previous question. Which motion was adopted by the following vote: AYES: 085 Baker 123 Bivins Brandom Brown 30 Bruns Cooper 120 Cooper 155 Cox Cunningham 145 Cunningham 86 Davis Day Deeken Denison Dethrow Dixon Dusenberg Emery Ervin Faith Fares Fisher Flook Franz Funderburk Grisamore Guest Hobbs Hunter Icet Jones 89 Jones 117 Kasten Kelly Kingery Kraus Lembke Lipke Loehner May McGhee Munzlinger Muschany Nance Nieves Nolte Onder Parkinson Parson Pearce Pollock Portwood Pratt Quinn 7 Robb Ruestman Ruzicka Sander Sater Schaaf Schad Scharnhorst Schlottach Schneider Schoeller Self Silvey Smith 14 Smith 150 Stevenson Stream Sutherland Thomson Threlkeld Tilley Viebrock Wallace Wasson Wells Weter Wilson 119 Wilson 130 Wood Wright 159 Mr Speaker NOES: 059 Aull Baker 25 Bringer Brown 50 Burnett Casey Chappelle-Nadal Corcoran Darrough Daus El-Amin Fallert Frame Grill Harris 110 Haywood Hodges Holsman Hoskins Hubbard Hughes Johnson Komo Kratky Kuessner Lampe LeVota Liese Lowe 44 McClanahan Meiners Nasheed Norr Oxford Page Quinn 9 Robinson Roorda Rucker Salva Scavuzzo Schieffer Schoemehl Shively Skaggs Spreng Swinger Talboy Todd Villa Vogt Walsh Walton Whorton Wildberger Witte Yaeger Young Zimmerman Fiftieth Day–Wednesday, April 9, 2008 827 PRESENT: 000 ABSENT WITH LEAVE: 017 Avery Bland Curls Donnelly Dougherty George Harris 23 Low 39 Marsh Meadows Moore Richard St. Onge Storch Wright-Jones Yates Zweifel VACANCIES: 002 On motion of Representative Onder, Part II of HCS HBs 1549, 1771, 1395 & 2366 was adopted. Representative Tilley moved the previous question. Which motion was adopted by the following vote: AYES: 083 Baker 123 Bivins Brandom Brown 30 Bruns Cooper 120 Cooper 155 Cox Cunningham 145 Cunningham 86 Davis Day Deeken Denison Dethrow Dixon Dusenberg Emery Ervin Faith Fares Fisher Flook Franz Funderburk Grisamore Guest Hobbs Hunter Icet Jones 89 Jones 117 Kasten Kelly Kingery Kraus Lembke Lipke Loehner May McGhee Moore Munzlinger Nance Nieves Nolte Onder Parkinson Parson Pearce Pollock Portwood Pratt Quinn 7 Robb Ruestman Ruzicka Sander Sater Schaaf Schad Scharnhorst Schlottach Schoeller Silvey Smith 14 Smith 150 Stevenson Stream Sutherland Thomson Threlkeld Tilley Viebrock Wallace Wasson Wells Weter Wilson 119 Wilson 130 Wood Wright 159 Mr Speaker NOES: 056 Aull Baker 25 Bringer Brown 50 Burnett Casey Chappelle-Nadal Corcoran Darrough Daus El-Amin Fallert Frame Grill Harris 110 Haywood Hodges Holsman Hoskins Hubbard Hughes Johnson Komo Kratky Lampe Liese Low 39 Lowe 44 McClanahan Meiners Nasheed Oxford Page Quinn 9 Robinson Roorda Rucker Salva Scavuzzo Schieffer Schoemehl Shively Skaggs Spreng Swinger Talboy Todd Villa Vogt Walsh Whorton Wildberger Witte Yaeger Young Zimmerman 828 Journal of the House PRESENT: 000 ABSENT WITH LEAVE: 022 Avery Bland Curls Donnelly Dougherty George Harris 23 Kuessner LeVota Marsh Meadows Muschany Norr Richard Schneider Self St. Onge Storch Walton Wright-Jones Yates Zweifel VACANCIES: 002 On motion of Representative Onder, Part III of HCS HBs 1549, 1771, 1395 & 2366 was adopted. On motion of Representative Onder, HCS HBs 1549, 1771, 1395 & 2366 was ordered perfected and printed. COMMITTEE REPORT Committee on Fiscal Review, Chairman Guest reporting: Mr. Speaker: Your Committee on Fiscal Review, to which was referred HB 1929 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass. On motion of Representative Tilley, the House recessed until 2:30 p.m. AFTERNOON SESSION The hour of recess having expired, the House was called to order by Speaker Pro Tem Pratt. HOUSE RESOLUTION Representative Deeken offered House Resolution No. 1691. HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED House Resolution No. 1686 through House Resolution No. 1690 House Resolution No. 1692 through House Resolution No. 1729 THIRD READING OF SENATE BILL SB 1066, relating to elementary and secondary education, was taken up by Representative Muschany. Representative Bringer offered House Amendment No. 1. Fiftieth Day–Wednesday, April 9, 2008 829 House Amendment No. 1 AMEND Senate Bill No. 1066, Page 9, Section 168.021, Line 150, by adding after all of said line the following: "168.133. 1. The school district shall ensure that a criminal background check is conducted on any person employed after January 1, 2005, authorized to have contact with pupils and prior to the individual having contact with any pupil. Such persons include, but are not limited to, administrators, teachers, aides, paraprofessionals, assistants, secretaries, custodians, cooks, and nurses. The school district shall also ensure that a criminal background check is conducted for school bus drivers. The district may allow such drivers to operate buses pending the result of the criminal background check. For bus drivers, the background check shall be conducted on drivers employed by the school district or employed by a pupil transportation company under contract with the school district. 2. In order to facilitate the criminal history background check on any person employed after January 1, 2005, the applicant shall submit two sets of fingerprints collected pursuant to standards determined by the Missouri highway patrol. One set of fingerprints shall be used by the highway patrol to search the criminal history repository and the family care safety registry pursuant to sections 210.900 to 210.936, RSMo, and the second set shall be forwarded to the Federal Bureau of Investigation for searching the federal criminal history files. 3. The applicant shall pay the fee for the state criminal history record information pursuant to section 43.530, RSMo, and sections 210.900 to 210.936, RSMo, and pay the appropriate fee determined by the Federal Bureau of Investigation for the federal criminal history record when he or she applies for a position authorized to have contact with pupils pursuant to this section. The department shall distribute the fees collected for the state and federal criminal histories to the Missouri highway patrol. 4. The school district may adopt a policy to provide for reimbursement of expenses incurred by an employee for state and federal criminal history information pursuant to section 43.530, RSMo. 5. If, as a result of the criminal history background check mandated by this section, it is determined that the holder of a certificate issued pursuant to section 168.021 has pled guilty or nolo contendere to, or been found guilty of a crime or offense listed in section 168.071, or a similar crime or offense committed in another state, the United States, or any other country, regardless of imposition of sentence, such information shall be reported to the department of elementary and secondary education. 6. Any school official making a report to the department of elementary and secondary education in conformity with this section shall not be subject to civil liability for such action. 7. For any teacher who is employed by a school district on a substitute or part-time basis within one year of such teacher's retirement from a Missouri school, the state of Missouri shall not require such teacher to be subject to any additional background checks prior to having contact with pupils. Nothing in this subsection shall be construed as prohibiting or otherwise restricting a school district from requiring additional background checks for such teachers employed by the school district. 8. A criminal background check and fingerprint collection conducted under subsections 1 and 2 of this section shall be valid for at least a period of one year and transferrable from one school district to another district. A teacher's change in type of certification shall have no effect on the transferability of such records.
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