House Journal - April 23, 1996
House Journal
Second Regular Session, 88th General Assembly
SIXTY-FIRST DAY, Tuesday, April 23, 1996
Speaker Gaw in the Chair.
Prayer by Father Hugh Behan.
"The spirit of the Lord Yahweh has been given to me, for Yahweh has anointed me, has sent me
to bring good news to the poor, to bind up hearts that are broken; to proclaim liberty to
captives, freedom to those in prison; to proclaim a year of favor from Yahweh, a day of
vengeance for our God. (Is. 61: 1-2).
Gracious God: Today we ask for that spirit which Isaiah spoke of, a spirit that will help us
to be peace-makers, to care for the hurts of the human family, to be instruments of your
mercy. May we put ourselves in the shoes of the other before we make harsh judgments and be
compassionate to their failings as we challenge them with love and receive correction from
them in the same spirit.
I add a special prayer today for my friend of 24 years, Jack Plympton, our Reading Clerk for
five years, upon his premature retirement for health reasons. 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: Karen Elliott, Kenneth Myers, Amanda Newell,
Elizabeth Summers, Antoine West, Molly Bretch, La'Kenya Daniels, Justin Nolde,
Kevin O'Brien, Jeffrey Griesemer, James Maddock, Joshua Goldkamp, Sarah Hagar,
Amanda Hagar, Jessica McCracken, Krysta Fennewald, Drew Burbridge, Dustin
Masters, Drew Stephen, John Farrell, Maggie Gardiner, Kristin Sydnor, Nicole
Anderson, Robert Anderson, Aaron Leake, Sam Bloch, Jon Baker, Kelly Lavery,
Letitia Johnson, Bethany Owens, Erin Owens, Melinda Stanley, Jeanon Mason,
Norman Perkins, Sondra Wise, Becca Thomas, David Vailes, Cristin Smith and
Emily Taylor.
The Journal of the sixtieth day was approved as corrected.
RESOLUTIONS
Representative Surface offered House Resolution No. 833, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representative Boucher offered House Resolution No. 834, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representative Kissell, et al, offered House Resolution No. 835, which was
referred to the Committee on Miscellaneous Bills and Resolutions.
Representative Lakin offered House Resolution No. 836, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representative Williams (121) offered House Resolution No. 837, which was
referred to the Committee on Miscellaneous Bills and Resolutions.
Representative Klumb offered House Resolution No. 838, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
SECOND READING OF HOUSE BILLS
HB 1650 through HB 1653 were read the second time.
THIRD READING OF HOUSE JOINT RESOLUTION
HJR 57, relating to bingo, was taken up by Representative Scheve.
On motion of Representative Scheve, HJR 57 was read the third time and passed
by the following vote:
AYES: 105
Auer Backer Barry 100 Bennett 15 Bland
Bonner Boucher Bray 84 Brown Canuteson
Carter Cierpiot Clayton Cooper Copeland
Crum 112 Crump 152 Daniels 41 Davis Days
Donovan Dougherty Edwards-Pavia Farmer Farnen
Fitzwater Foley Franklin Garnett Goward
Graham Gratz Green Griesheimer Gunn
Hagan-Harrell Harlan Hartzler 123 Heckemeyer Hickey
Hoppe Jacob Kasten Kauffman Kelly 27
Kissell Koller Kreider Lakin Leake
Levin Liese Lograsso Long Lumpe
May 108 Mays 50 McBride McLuckie Mitchell
Montgomery Murphy Murray 69 Murray 135 Naeger
Nordwald O'Connor O'Neill O'Toole Oetting
Ostmann Overschmidt Pauley Pouche Prost
Relford Reynolds Richardson Ridgeway Rizzo
Ross Scheve Schilling Schwab Sears 1
Shear 83 Sheldon 104 Shelton 57 Shields Smith
Stokan Stoll Tate Thomason 163 Treadway
Troupe Van Zandt Vogel Ward Wiggins
Williams 121 Williams 159 Witt Wooten Mr. Speaker
NOES: 050
Akin Alter Ballard Barnett 4 Bartelsmeyer
Boatright Broach Burton Champion Childers
Chrismer Elliott Enz Evans Fiebelman
Foster Gaskill Gibbons Gross Hall
Hand Hartzler 124 Hegeman Hendrickson Hohulin
Hosmer Howerton Keeven Kelley 47 Klumb
Legan Linton Loudon Luetkenhaus Marble
Marshall 26 Marshall 133 McClelland Robirds Sallee
Scott Secrest Skaggs Sombart Steen
Summers Surface Wannenmacher Whiteside Wieland
PRESENT: 000
ABSENT WITH LEAVE: 007
Daniel 42 Ford Froelker Morgan Pryor
Ribaudo Thompson 37
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Fitzwater, title to the bill was agreed to.
Representative Foley moved that the vote by which the bill passed be
reconsidered.
Representative Green moved that motion lay on the table.
The latter motion prevailed.
THIRD READING OF HOUSE BILL
HB 1380, relating to reimbursement allowance, was taken up by Representative
Lumpe.
On motion of Representative Lumpe, HB 1380 was read the third time and passed
by the following vote:
AYES: 147
Alter Auer Backer Ballard Barnett 4
Barry 100 Bartelsmeyer Bennett 15 Bland Boatright
Bonner Boucher Bray 84 Broach Brown
Burton Canuteson Carter Champion Childers
Chrismer Cierpiot Clayton Cooper Copeland
Crum 112 Crump 152 Daniels 41 Davis Days
Donovan Dougherty Edwards-Pavia Elliott Enz
Evans Farmer Farnen Fiebelman Fitzwater
Foley Foster Franklin Garnett Gaskill
Gibbons Goward Graham Gratz Green
Griesheimer Gross Gunn Hagan-Harrell Hand
Harlan Hartzler 123 Heckemeyer Hegeman Hendrickson
Hickey Hoppe Hosmer Howerton Jacob
Kasten Kauffman Kelly 27 Kissell Klumb
Koller Kreider Lakin Leake Legan
Levin Liese Lograsso Long Luetkenhaus
Lumpe Marble Marshall 26 Marshall 133 May 108
Mays 50 McBride McClelland McLuckie Mitchell
Montgomery Murphy Murray 69 Murray 135 Naeger
Nordwald O'Connor O'Neill O'Toole Oetting
Ostmann Overschmidt Pauley Pouche Prost
Relford Reynolds Richardson Ridgeway Rizzo
Robirds Ross Sallee Scheve Schilling
Schwab Scott Sears 1 Secrest Shear 83
Sheldon 104 Shelton 57 Shields Skaggs Smith
Sombart Steen Stokan Stoll Summers
Surface Tate Thomason 163 Thompson 37 Treadway
Troupe Van Zandt Vogel Wannenmacher Whiteside
Wieland Wiggins Williams 121 Williams 159 Witt
Wooten Mr. Speaker
NOES: 008
Akin Hall Hartzler 124 Hohulin Keeven
Kelley 47 Linton Loudon
PRESENT: 000
Sixty-first Day-Tuesday, April 23, 1996
ABSENT WITH LEAVE: 007
Daniel 42 Ford Froelker Morgan Pryor
Ribaudo Ward
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Montgomery, title to the bill was agreed to.
Representative Canuteson moved that the vote by which the bill passed be
reconsidered.
Representative Carter moved that motion lay on the table.
The latter motion prevailed.
BILL CARRYING REQUEST MESSAGE
HCS SB 676, relating to hospital operations, was taken up by Representative
Smith.
Representative Smith moved that the House refuse to recede from its position
on HCS SB 676 and grant the Senate a conference.
Which motion was adopted.
PERFECTION OF HOUSE BILL
HCS HBs 987, 1155, 1158 and 1219, relating to income tax, was taken up by
Representative Jacob.
Representative Green offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for House Bills Nos. 987, 1155, 1158 and 1219, Pages 2 and 3,
Section 143.124, lines 5 through 8 by deleting all of said lines and inserting in lieu thereof
the words "the amount of six thousand dollars for tax years beginning on or after January 1,
1997, to any"; and
Further amend said substitute, Page 3, Section 143.124, line 31 by deleting the number "1998"
and inserting in lieu thereof the number "1997"; and
Further amend said substitute, Page 3, Section 143.124, lines 33 through 38 by deleting all of
said lines and inserting in lieu thereof the following: "the first six thousand dollars of
retirement benefits received from privately funded sources, if the following requirements are
satisfied:".
On motion of Representative Green, House Amendment No. 1 was adopted by the
following vote:
Sixty-first Day-Tuesday, April 23, 1996
AYES: 150
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Daniels 41 Davis
Days Donovan Dougherty Edwards-Pavia Elliott
Enz Evans Farmer Farnen Fiebelman
Fitzwater Foley Foster Franklin Garnett
Gaskill Gibbons Goward Graham Gratz
Green Griesheimer Gross Gunn Hagan-Harrell
Hall Hand Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hickey Hohulin Hoppe
Hosmer Howerton Jacob Kasten Kauffman
Keeven Kelley 47 Kelly 27 Kissell Klumb
Koller Lakin Leake Legan Levin
Linton Lograsso Long Loudon Lumpe
Marble Marshall 26 Marshall 133 May 108 Mays 50
McBride McClelland McLuckie Mitchell Montgomery
Murphy Murray 69 Murray 135 Naeger Nordwald
O'Connor O'Toole Oetting Ostmann Overschmidt
Pauley Pouche Prost Relford Reynolds
Richardson Ridgeway Rizzo Robirds Ross
Sallee Scheve Schilling Schwab Scott
Sears 1 Secrest Shear 83 Sheldon 104 Shelton 57
Shields Skaggs Smith Sombart Steen
Stokan Stoll Summers Surface Tate
Thomason 163 Thompson 37 Treadway Troupe Van Zandt
Vogel Wannenmacher Whiteside Wieland Wiggins
Williams 121 Williams 159 Witt Wooten Mr. Speaker
NOES: 000
PRESENT: 001
Hendrickson
ABSENT WITH LEAVE: 011
Daniel 42 Ford Froelker Kreider Liese
Luetkenhaus Morgan O'Neill Pryor Ribaudo
Ward
VACANCY: 001
Representative Montgomery offered House Amendment No. 2.
House Amendment No. 2
Amend House Committee Substitute for House Bill Nos. 987, 1155, 1158 and 1219, Page 1, Section
A, Line 3 by inserting after said line the following:
135.010. As used in sections 135.010 to 135.030 the following words and terms mean:
(1) "Claimant", a person or persons claiming a credit under sections 135.010 to 135.030. If
the persons are eligible to file a joint federal income tax return and reside at the same
address at any time during the taxable year, then the credit may only be allowed if claimed on
a combined Missouri income tax return or a combined claim return reporting their combined
incomes and property taxes. A claimant shall not be allowed a property tax credit unless the
claimant or spouse has attained the age of sixty-five on or before the last day of the
calendar year and the claimant or spouse was a resident of Missouri for the entire year, or
the claimant or spouse is a veteran of any branch of the armed forces of the United States or
this state who became one hundred percent disabled as a result of such service, or the
claimant or spouse is disabled as defined in [section 22(e) of the Internal Revenue Code of
1986, as amended] in subsection 2 of this section, and such claimant or spouse provides proof
of such disability in such form and manner, and at such times, as the director of revenue may
require. The residency requirement shall be deemed to have been fulfilled for the purpose of
determining the eligibility of a surviving spouse for a property tax credit if a person of the
age of sixty-five years or older who would have otherwise met the requirements for a property
tax credit dies before the last day of the calendar year;
(2) "Disabled", the inability to engage in any substantial gainful activity by reason of any
medically determinable physical or mental impairment which can be expected to result in death
or which has lasted or can be expected to last for a continuous period of not less than twelve
months. A claimant shall not be required to be gainfully employed prior to such disability to
qualify for the property tax credit;
[(2)] (3) "Gross rent", amount paid by a claimant to a landlord for the rental, at arm's
length, of a homestead during the calendar year, exclusive of charges for health and personal
care services and food furnished as part of the rental agreement, whether or not expressly set
out in the rental agreement. If the director of revenue determines that the landlord and
tenant have not dealt at arm's length, and that the gross rent is excessive, then he shall
determine the gross rent based upon a reasonable amount of rent. Gross rent shall be deemed to
be paid only if actually paid prior to the date a return is filed. The director of revenue may
prescribe regulations requiring a return of information by a landlord receiving rent,
certifying for a calendar year the amount of gross rent received from a tenant claiming a
property tax credit and shall, by regulation, provide a method for certification by the
claimant of the amount of gross rent paid for any calendar year for which a claim is made.
The regulations authorized by this subdivision may require a landlord or a tenant or both to
provide data relating to health and personal care services and to food. Neither a landlord nor
a tenant may be required to provide data relating to utilities, furniture, home furnishings or
appliances;
(3) "Homestead", the dwelling in Missouri owned or rented by the claimant and not to exceed
five acres of land surrounding it as is reasonably necessary for use of the dwelling as a
home. It may consist of part of a multidwelling or multipurpose building and part of the land
upon which it is built. "Owned" includes a vendee in possession under a land contract and one
or more tenants by the entireties, joint tenants, or tenants in common and includes a claimant
actually in possession if he was the immediate former owner of record, if a lineal descendant
is presently the owner of record, and if the claimant actually pays all taxes upon the
property. It may include a mobile home;
(4) "Income", Missouri adjusted gross income as defined in section 143.121, RSMo, less two
thousand dollars as an exemption for the claimant's spouse residing at the same address, and
increased, where necessary, to reflect the following:
(a) Social security, railroad retirement, and veterans payments and benefits unless the
claimant is a one hundred percent service-connected, disabled veteran or a spouse of a one
hundred percent service-connected, disabled veteran. The one hundred percent service-connected
disabled veteran shall not be required to list veterans payments and benefits;
(b) The total amount of all other public and private pensions and annuities;
(c) Public relief, public assistance, and unemployment benefits received in cash, other than
benefits received under this chapter;
(d) No deduction being allowed for losses not incurred in a trade or business;
(e) Interest on the obligations of the United States, any state, or any of their subdivisions
and instrumentalities;
(5) "Property taxes accrued", property taxes paid, exclusive of special assessments,
penalties, interest, and charges for service levied on a claimant's homestead in any calendar
year. Property taxes shall qualify for the credit only if actually paid prior to the date a
return is filed. The director of revenue shall require a tax receipt or other proof of
property tax payment. If a homestead is owned only partially by claimant, then "property taxes
accrued" is that part of property taxes levied on the homestead which was actually paid by the
claimant. For purposes of this subdivision, property taxes are "levied" when the tax roll is
delivered to the director of revenue for collection. If a claimant owns a homestead part of
the preceding calendar year and rents it or a different homestead for part of the same year,
"property taxes accrued" means only taxes levied on the homestead both owned and occupied by
the claimant, multiplied by the percentage of twelve months that such property was owned and
occupied as the homestead of the claimant during the year. When a claimant owns and occupies
two or more different homesteads in the same calendar year, property taxes accrued shall be
the sum of taxes allocable to those several properties occupied by the claimant as a homestead
for the year. If a homestead is an integral part of a larger unit such as a farm, or
multipurpose or multidwelling building, property taxes accrued shall be that percentage of the
total property taxes accrued as the value of the homestead is of the total value. For purposes
of this subdivision "unit" refers to the parcel of property covered by a single tax statement
of which the homestead is a part;
(6) "Rent constituting property taxes accrued", twenty percent of the gross rent paid by a
claimant and spouse in the calendar year." and
Further amend said substitute by amending the title and enacting clause accordingly.
Representative Jacob raised a point of order that House Amendment No. 2 goes
beyond the scope of the bill.
The Chair ruled the point of order not well taken.
On motion of Representative Montgomery, House Amendment No. 2 was adopted by
the following vote:
AYES: 144
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Daniels 41 Days
Donovan Dougherty Edwards-Pavia Elliott Enz
Evans Farmer Farnen Fiebelman Fitzwater
Foley Foster Franklin Garnett Gaskill
Gibbons Goward Graham Gratz Green
Griesheimer Gross Gunn Hagan-Harrell Hall
Hand Harlan Hartzler 123 Hartzler 124 Heckemeyer
Hegeman Hendrickson Hohulin Hoppe Hosmer
Howerton Kasten Kauffman Keeven Kelley 47
Kelly 27 Kissell Klumb Koller Kreider
Lakin Legan Levin Linton Lograsso
Long Luetkenhaus Marble Marshall 26 Marshall 133
May 108 Mays 50 McBride McClelland McLuckie
Mitchell Montgomery Murphy Murray 69 Murray 135
Naeger Nordwald O'Connor O'Neill Oetting
Ostmann Overschmidt Pauley Pouche Prost
Relford Reynolds Richardson Ridgeway Rizzo
Robirds Ross Sallee Scheve Schilling
Schwab Scott Sears 1 Secrest Shear 83
Sheldon 104 Shelton 57 Shields Skaggs Smith
Sombart Steen Stoll Summers Surface
Thomason 163 Treadway Troupe Van Zandt Vogel
Wannenmacher Whiteside Wieland Wiggins Williams 121
Williams 159 Witt Wooten Mr. Speaker
NOES: 000
PRESENT: 003
Davis Jacob Lumpe
ABSENT WITH LEAVE: 015
Daniel 42 Ford Froelker Hickey Leake
Liese Loudon Morgan O'Toole Pryor
Ribaudo Stokan Tate Thompson 37 Ward
VACANCY: 001
Representative Mitchell offered House Amendment No. 3.
House Amendment No. 3
AMEND House Committee Substitute for House Bills Nos. 987, 1155, 1158 and 1219, Page 1, In the
Title, Line 2, by deleting the word and figure "and 143.161" and inserting in lieu thereof the
following: ", 143.161 and 143.191"; and
Further amend said bill, Page 1, In the Title, Line 3, by deleting the word "three" and
inserting in lieu thereof the following: "five"; and
Further amend said bill, Page 1, Section A, Lines 1 through 3, by deleting all of said lines
and inserting in lieu thereof the following:
"Section A. Sections 135.030, 143.124, 143.161 and 143.191, RSMo 1994, are repealed and five
new sections enacted in lieu thereof, to be known as sections 135.030, 143.124, 143.161,
143.191 and 1, to read as follows:"; and
Further amend said bill, Page 2, Section 143.124, Line 2, by inserting after the word
"allowances" the following: "not described in section 1 of this act and"; and
Further amend said bill, Page 4, Section 143.161, Line 7, by inserting after all of said line
the following:
"143.191. 1. Every employer maintaining an office or transacting any business within this
state and making payment of any wages taxable [under] pursuant to sections 143.011 to 143.998
to a resident or nonresident individual shall deduct and withhold from such wages for each
payroll period the amount provided in subsection 3 of this section.
2. The term "wages" referred to in subsection 1 of this section means wages as defined by
section 3401(a) of the Internal Revenue Code of 1986, as amended. The term "employer" means
any person, firm, corporation, association, fiduciary of any kind, or other type of
organization for whom an individual performs service as an employee, except that if the person
or organization for whom the individual performs service does not have control of the payment
of compensation for such service, the term "employer" means the person having control of the
payment of the compensation. The term includes the United States, this state, other states,
and all agencies, instrumentalities, and subdivisions of any of them.
3. The method of determining the amount to be withheld shall be prescribed by regulations of
the director of revenue. The prescribed table, percentages, or other method shall result, so
far as practicable, in withholding from the employee's wages during each calendar year an
amount substantially equivalent to the tax reasonably estimated to be due from the employee
[under] pursuant to sections 143.011 to 143.998 with respect to the amount of such wages
included in [his] the employee's Missouri adjusted gross income during the calendar year.
4. For purposes of this section an employee shall be entitled to the same number of personal
and dependency withholding exemptions as the number of exemptions to which [he] the employee
is entitled for federal income tax withholding purposes. An employer may rely upon the number
of federal withholding exemptions claimed by the employee, except where the employee provides
the employer with a form claiming a different number of withholding exemptions in this state.
5. The director of revenue may enter into agreements with the tax departments of other states,
[(]which require income tax to be withheld from the payment of wages[)], so as to govern the
amounts to be withheld from the wages of residents of such states [under] pursuant to this
section. Such agreements may provide for recognition of anticipated tax credits in determining
the amounts to be withheld and, [under] pursuant to regulations prescribed by the director of
revenue, may relieve employers in this state from withholding income tax on wages paid to
nonresident employees. The agreements authorized by this subsection are subject to the
condition that the tax department of such other states grant similar treatment to residents of
this state.
6. The director of revenue shall enter into agreements with the Secretary of the Treasury of
the United States or with the appropriate secretaries of the respective branches of the [armed
forces] uniformed services of the United States for the withholding, as required by
subsections 1 and 2 of this section, of income taxes due the state of Missouri on wages or
other payments for service in the [armed] uniformed services of the United States or on
payments received as [retirement or] retainer pay of any member or former member of the [armed
forces] uniformed services entitled to such pay.
7. Subject to appropriations for the purpose of implementing this section, the director of
revenue shall comply with provisions of the laws of the United States as amended and the
regulations promulgated thereto in order that all residents of this state receiving monthly
retirement income as a civil service annuitant from the federal government taxable by this
state may have withheld monthly from any such moneys, whether pension, annuities or otherwise,
an amount for payment of state income taxes as required by state law, but such withholding
shall not be less than twenty-five dollars per quarter.
Section 1. The total amount of any annuities, pensions, retirement allowances and other
retirement benefits provided by any law of the United States to any person for service in the
uniformed services of the United States shall not be subject to the tax provided pursuant to
chapter 143, RSMo.".
Representative Jacob raised a point of order that House Amendment No. 3 goes
beyond the scope of the bill.
The Chair ruled the point of order not well taken.
Representative Mitchell moved that House Amendment No. 3 be adopted.
Which motion was defeated.
HCS HBs 987, 1155, 1158 and 1219, as amended, was laid over.
On motion of Representative Backer, the House recessed until 2:00 p.m.
AFTERNOON SESSION
The hour of recess having expired, the House was called to order by
Representative Auer.
RESOLUTIONS
Representative Stoll offered House Resolution No. 839, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representative Kauffman offered House Resolution No. 841, which was referred
to the Committee on Miscellaneous Bills and Resolutions.
Representative Graham offered House Resolution No. 842, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representative Pryor offered House Resolution No. 843, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representative Cooper offered House Resolution No. 844, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
COMMITTEE REPORT
Committee on Rules, Joint Rules and Bills Perfected and Printed, Chairman
Backer reporting:
Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and
Printed, to which was referred HCS HB 1557 & 1489, begs leave to report it has
examined the same and finds it to be truly perfected and that the printed
copies thereof furnished the members are correct.
PERFECTION OF HOUSE BILL
HCS HBs 987, 1155, 1158 and 1219, as amended, relating to income tax, was
again taken up by Representative Jacob.
Representative Barry offered House Amendment No. 4.
House Amendment No. 4
AMEND House Committee Substitute for House Bills Nos. 987, 1155, 1158 & 1219, Page 1, In the
Title, Line 3, by deleting the word "three" and inserting in lieu thereof the word "five"; and
Further amend said bill, Page 1, Section A, Line 1, by deleting the word "three" and inserting
in lieu thereof the word "five"; and
Further amend said bill, Page 1, Section A, Line 2, by deleting the word and number "and
143.161" and inserting in lieu thereof the following: ", 143.161, 1 and 2"; and
Further amend said bill, Page 4, Section 143.161, Line 7, by inserting after all of said line
the following:
"Section 1. 1. As used in this section, the following terms shall mean:
(1) "Shelter for victims of domestic violence", a facility located in this state which meets
the definition of a shelter for victims of domestic violence under section 455.200, RSMo, and
which meets the requirements of section 455.220, RSMo;
(2) "State tax liability", in the case of a business taxpayer, any liability incurred by such
taxpayer under the provisions of chapter 143, RSMo, chapter 147, RSMo, chapter 148, RSMo, and
chapter 153, RSMo, exclusive of the provisions relating to the withholding of tax as provided
for in sections 143.191 to 143.265, RSMo, and related provisions, and in the case of an
individual taxpayer, any liability incurred by such taxpayer under the provisions of chapter
143, RSMo;
(3) "Taxpayer", person, firm, a partner in a firm, corporation or a shareholder in an S
corporation doing business in the state of Missouri and subject to the state income tax
imposed by the provisions of chapter 143, RSMo, or a corporation subject to the annual
corporation franchise tax imposed by the provisions of chapter 147, RSMo, or an insurance
company paying an annual tax on its gross premium receipts in this state, or other financial
institution paying taxes to the state of Missouri or any political subdivision of this state
under the provisions of chapter 148, RSMo, or an express company which pays an annual tax on
its gross receipts in this state pursuant to chapter 153, RSMo, or an individual subject to
the state income tax imposed by the provisions of chapter 143, RSMo.
2. A taxpayer shall be allowed to claim a tax credit against the taxpayer's state tax
liability, in an amount equal to fifty percent of the amount such taxpayer contributed to a
shelter for victims of domestic violence.
3. The amount of the tax credit claimed shall not exceed the amount of the taxpayer's state
tax liability for the taxable year that the credit is claimed, and such taxpayer shall not be
allowed to claim a tax credit in excess of fifty thousand dollars per taxable year. However,
any tax credit that can not be claimed in the taxable year the contribution was made may be
carried over to the next four succeeding taxable years until the full credit has been claimed.
4. A taxpayer shall not be allowed to claim a tax credit unless the total amount of such
taxpayer's contribution or contributions to a shelter or shelters for victims of domestic
violence in such taxpayer's taxable year is at least one hundred dollars.
5. The director of revenue shall determine, at least annually, which facilities in this state
may be classified as shelters for victims of domestic violence. The director of revenue may
require of a facility seeking to be classified as a shelter for victims of domestic violence
whatever information is reasonably necessary to make such a determination. The director of
revenue shall classify a facility as a shelter for victims of domestic violence if such
facility meets the definition set forth in subsection 1 of this section.
6. The director of revenue shall establish a procedure by which a taxpayer can determine if a
facility has been classified as a shelter for victims of domestic violence, and by which such
taxpayer can then contribute to such shelter for victims of domestic violence and claim a tax
credit. The cumulative amount of tax credits which may be claimed by all the taxpayers
contributing to shelters for victims of domestic violence in any one fiscal year shall not
exceed two million dollars.
7. The director of revenue shall establish a procedure by which, from the beginning of the
fiscal year until some point in time later in the fiscal year to be determined by the director
of revenue, the cumulative amount of tax credits are equally apportioned among all facilities
classified as shelters for victims of domestic violence. If a shelter for victims of domestic
violence fails to use all, or some percentage to be determined by the director of revenue, of
its apportioned tax credits during this predetermined period of time, the director of revenue
may reapportion these unused tax credits to those shelters for victims of domestic violence
that have used all, or some percentage to be determined by the director of revenue, of their
apportioned tax credits during this predetermined period of time. The director of revenue may
establish more than one period of time and reapportion more than once during each fiscal year.
To the maximum extent possible, the director of revenue shall establish the procedures
described herein in such a manner as to ensure that taxpayers can claim all the tax credits
possible up to the cumulative amount of tax credits available for the fiscal year.
8. The director of revenue shall promulgate such rules as are necessary to achieve the
purposes of this section. No rule or portion of a rule promulgated under the authority of this
section shall become effective unless it has been promulgated pursuant to the provisions of
section 536.024, RSMo.
Section 2. 1. As used in this section, the following terms shall mean:
(1) "Maternity home", a residential facility located in this state established for the purpose
of providing housing and assistance to pregnant women who are carrying their pregnancies to
term, and which is exempt from income taxation under the United States Internal Revenue Code;
(2) "State tax liability", in the case of a business taxpayer, any liability incurred by such
taxpayer under the provisions of chapter 143, RSMo, chapter 147, RSMo, chapter 148, RSMo, and
chapter 153, RSMo, exclusive of the provisions relating to the withholding of tax as provided
for in sections 143.191 to 143.265, RSMo, and related provisions, and in the case of an
individual taxpayer, any liability incurred by such taxpayer under the provisions of chapter
143, RSMo;
(3) "Taxpayer", person, firm, a partner in a firm, corporation or a shareholder in an S
corporation doing business in the state of Missouri and subject to the state income tax
imposed by the provisions of chapter 143, RSMo, or a corporation subject to the annual
corporation franchise tax imposed by the provisions of chapter 147, RSMo, or an insurance
company paying an annual tax on its gross premium receipts in this state, or other financial
institution paying taxes to the state of Missouri or any political subdivision of this state
under the provisions of chapter 148, RSMo, or an express company which pays an annual tax on
its gross receipts in this state pursuant to chapter 153, RSMo, or an individual subject to
the state income tax imposed by the provisions of chapter 143, RSMo.
2. A taxpayer shall be allowed to claim a tax credit against the taxpayer's state tax
liability, in an amount equal to fifty percent of the amount such taxpayer contributed to a
maternity home.
3. The amount of the tax credit claimed shall not exceed the amount of the taxpayer's state
tax liability for the taxable year that the credit is claimed, and such taxpayer shall not be
allowed to claim a tax credit in excess of fifty thousand dollars per taxable year. However,
any tax credit that can not be claimed in the taxable year the contribution was made may be
carried over to the next four succeeding taxable years until the full credit has been claimed.
4. A taxpayer shall not be allowed to claim a tax credit unless the total amount of such
taxpayer's contribution or contributions to a maternity home or homes in such taxpayer's
taxable year is at least one hundred dollars.
5. The director of revenue shall determine, at least annually, which facilities in this state
may be classified as maternity homes. The director of revenue may require of a facility
seeking to be classified as a maternity home whatever information is reasonably necessary to
make such a determination. The director of revenue shall classify a facility as a maternity
home if such facility meets the definition set forth in subsection 1 of this section.
6. The director of revenue shall establish a procedure by which a taxpayer can determine if a
facility has been classified as a maternity home, and by which such taxpayer can then
contribute to such maternity home and claim a tax credit. The cumulative amount of tax credits
which may be claimed by all the taxpayers contributing to maternity homes in any one fiscal
year shall not exceed two million dollars.
7. The director of revenue shall establish a procedure by which, from the beginning of the
fiscal year until some point in time later in the fiscal year to be determined by the director
of revenue, the cumulative amount of tax credits are equally apportioned among all facilities
classified as maternity homes. If a maternity home fails to use all, or some percentage to be
determined by the director of revenue, of its apportioned tax credits during this
predetermined period of time, the director of revenue may reapportion these unused tax credits
to those maternity homes that have used all, or some percentage to be determined by the
director of revenue, of their apportioned tax credits during this predetermined period of
time. The director of revenue may establish more than one period of time and reapportion more
than once during each fiscal year. To the maximum extent possible, the director of revenue
shall establish the procedures described herein in such a manner as to ensure that taxpayers
can claim all the tax credits possible up to the cumulative amount of tax credits available
for the fiscal year.
8. The director of revenue shall promulgate such rules as are necessary to achieve the
purposes of this section. No rule or portion of a rule promulgated under the authority of this
section shall become effective unless it has been promulgated pursuant to the provisions of
section 536.024, RSMo.".
Representative Jacob raised a point of order that House Amendment No. 4 goes
beyond the scope of the bill.
Representative Auer requested a parliamentary ruling.
The Parliamentary Committee ruled the point of order not well taken.
On motion of Representative Barry, House Amendment No. 4 was adopted.
Representative Gratz offered House Amendment No. 5.
House Amendment No. 5
AMEND House Committee Substitute for House Bills Nos. 987, 1155, 1158 and 1219, page 1,
section In the Title, line 2, by inserting immediately after the first comma "," the
following:
"143.111,"; and,
Further amend said bill page 1, in the title, line 3, by deleting the word "three" and
inserting in lieu thereof the word "five"; and,
Further amend said bill, page 1, Section A, line 1, by inserting immediately after the first
comma "," the following: "143.111,"; and,
Further amend said bill, page 1, Section A, line 1, by deleting the word "three" and inserting
in lieu thereof the word "five"; and,
Further amend said bill, page 1, Section A, line 2, by inserting immediately after the second
comma "," the following: "143.111, 143.122,"; and,
Further amend said bill, page 2, Section 135.030, line 41, by inserting immediately at the end
of said line the following:
"143.111. The Missouri taxable income of a resident shall be his Missouri adjusted gross
income less:
(1) either [:] the Missouri standard deduction or the Missouri itemized deduction [,];
(2) the Missouri deduction for personal exemptions [,];
(3) the Missouri deduction for dependency exemptions [,]];
(4) the deduction for federal income taxes provided in section 143.171[,]; and
(5) the deduction for tuition or attendance fees provided in section 143.122.
143.122. In addition to the amounts to be subtracted from his federal adjusted gross income to
determine his Missouri adjusted gross income under the provisions of section 143.121, there
shall be subtracted the amount the taxpayer has paid to others for each dependent in grades
nine through twelve, for tuition or attendance fees for or on behalf of each dependent in
attending a secondary school situated in Missouri, up to a maximum of two thousand five
hundred dollars for each dependent."
On motion of Representative Gratz, House Amendment No. 5 was adopted.
Representative Gunn offered House Amendment No. 6.
House Amendment No. 6
AMEND House Committee Substitute for House Bills Nos. 987, 1155, 1158 and 1219, page 4,
section 143.161, line 7, by inserting after said line the following:
"Section 1. For purposes of section 143.183, RSMo, the tax on compensation of a nonresident
entertainer must be withheld at a rate of six percent of all compensation paid to the
nonresident entertainer by the person, corporation or any other entity having legal control of
the payment of the compensation. The payor is liable to the state of Missouri for the payment
of the tax required to be deducted and withheld. The compensation subject to withholding under
this section shall be subject to the provisions of sections 143.191 to 143.265, RSMo."; and
Further amend said bill by amending the title and enacting clause.
Representative Jacob raised a point of order that House Amendment No. 6 goes
beyond the scope of the bill.
Representative Auer requested a parliamentary ruling.
The Parliamentary Committee ruled the point of order not well taken.
On motion of Representative Gunn, House Amendment No. 6 was adopted by the
following vote:
AYES: 138
Akin Alter Auer Backer Barnett 4
Barry 100 Bartelsmeyer Bennett 15 Bland Boatright
Bonner Boucher Bray 84 Broach Brown
Burton Canuteson Carter Champion Childers
Chrismer Clayton Cooper Copeland Crum 112
Crump 152 Daniel 42 Daniels 41 Davis Days
Donovan Dougherty Edwards-Pavia Elliott Farmer
Farnen Fiebelman Fitzwater Foster Garnett
Gaskill Goward Graham Gratz Green
Griesheimer Gross Gunn Hagan-Harrell Hall
Hand Harlan Hartzler 123 Heckemeyer Hendrickson
Hickey Hosmer Kasten Kauffman Keeven
Kelley 47 Kelly 27 Kissell Kreider Lakin
Leake Levin Liese Linton Long
Luetkenhaus Lumpe Marble Marshall 26 Marshall 133
May 108 Mays 50 McBride McClelland McLuckie
Mitchell Montgomery Morgan Murphy Murray 69
Murray 135 Naeger Nordwald O'Connor O'Neill
O'Toole Oetting Ostmann Overschmidt Pauley
Pouche Prost Pryor Relford Reynolds
Ridgeway Rizzo Robirds Ross Sallee
Scheve Schilling Schwab Scott Sears 1
Secrest Shear 83 Sheldon 104 Shelton 57 Shields
Skaggs Smith Sombart Steen Stokan
Stoll Surface Tate Thomason 163 Thompson 37
Treadway Troupe Van Zandt Vogel Wannenmacher
Whiteside Wieland Wiggins Williams 121 Williams 159
Witt Wooten Mr. Speaker
NOES: 015
Ballard Cierpiot Evans Franklin Gibbons
Hartzler 124 Hegeman Hohulin Howerton Koller
Legan Lograsso Loudon Richardson Summers
PRESENT: 001
Jacob
ABSENT WITH LEAVE: 008
Enz Foley Ford Froelker Hoppe
Klumb Ribaudo Ward
VACANCY: 001
Representative Scheve offered House Amendment No. 7.
House Amendment No. 7
AMEND House Committee Substitute for House Bills Nos. 987, 1155, 1158 and 1219, Page 4,
Section 143.161, Line 7 by inserting after said line the following:
"143.171. 1. For all tax years beginning before January 1, 1994, for an individual taxpayer
and for all tax years beginning before September 1, 1993, for a corporate taxpayer, the
taxpayer shall be allowed a deduction for his federal income tax liability under chapter 1 of
the Internal Revenue Code, as amended, for the same taxable year for which the Missouri return
is being filed after reduction for all credits thereon, except the credit for payments of
federal estimated tax, the credit for the overpayment of any federal tax, and the credits
allowed by the Internal Revenue Code, as amended, by section 31 (tax withheld on wages),
section 27 (tax of foreign country and United States possessions), and section 34 (tax on
certain uses of gasoline, special fuels, and lubricating oils).
2. For all tax years beginning on or after January 1, 1994, an individual taxpayer shall be
allowed a deduction for his federal income tax liability under chapter 1 of the Internal
Revenue Code, as amended, for the same taxable year for which the Missouri return is being
filed, not to exceed five thousand dollars on a single taxpayer's return or ten thousand
dollars on a combined return, after reduction for all credits thereon, except the credit for
payments of federal estimated tax, the credit for the overpayment of any federal tax, and the
credits allowed by the Internal Revenue Code, as amended, by section 31 (tax withheld on
wages), section 27 (tax of foreign country and United States possessions), and section 34 (tax
on certain uses of gasoline, special fuels, and lubricating oils).
3. For all tax years beginning on or after September 1, 1993, a corporate taxpayer shall be
allowed a deduction for fifty percent of its federal income tax liability under chapter 1 of
the Internal Revenue Code, as amended, for the same taxable year for which the Missouri return
is being filed after reduction for all credits thereon, except the credit for payments of
federal estimated tax, the credit for the overpayment of any federal tax, and the credits
allowed by the Internal Revenue Code by section 31, as amended (tax withheld on wages),
section 27 (tax of foreign country and United States possessions), and section 34 (tax on
certain uses of gasoline, special fuels and lubricating oils).
4. If a federal income tax liability for a tax year prior to the applicability of sections
143.011 to 143.996 for which he was not previously entitled to a Missouri deduction is later
paid or accrued, he may deduct the federal tax in the later year to the extent it would have
been deductible if paid or accrued in the prior year."; and
Further amend the title and enacting clause accordingly.
The Speaker resumed the Chair.
Representative Thomason (163) offered House Amendment No. 1 to House Amendment
No. 7.
House Amendment No. 1 to House Amendment No. 7 was withdrawn.
Representative Thomason (163) offered House Amendment No. 1 to House Amendment
No. 7.
House Amendment No. 1 to House Amendment No. 7 was withdrawn.
Representative Thomason (163) offered House Amendment No. 1 to House Amendment
No. 7.
House Amendment No. 1
to
House Amendment No. 7
AMEND House Amendment No. 7 to House Committee Substitute for House Bills Nos. 987, 1155, 1158
and 1219, page 1, Section 143.171, by deleting on line 3, the word "his" and inserting in its
place the words "the taxpayer"; and
Further amend said amendment by deleting, on line 28 the word "he" and inserting in its place
the words "the taxpayer"; and
Further amend said amendment by deleting on line 29, the word "he" and inserting in its place
the words "the taxpayer"; and
Further amend said amendment by deleting, on line 10, the word "his" and inserting in its
place the words "the taxpayer"
On motion of Representative Thomason (163), House Amendment No. 1 to House
Amendment No. 7 was adopted.
House Amendment No. 7, as amended, was withdrawn.
Representative Evans offered House Amendment No. 7.
Representative Jacob raised a point of order that House Amendment No. 7 goes
beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Naeger offered House Amendment No. 7.
Representative Jacob raised a point of order that House Amendment No. 7 goes
beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Gibbons offered House Amendment No. 7.
Representative Jacob raised a point of order that House Amendment No. 7 goes
beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Murphy offered House Amendment No. 7.
House Amendment No. 7
AMEND House Committee Substitute for House Bills Nos. 987, 1155, 1158 and 1219, page 4,
section 143.161, line 7, by inserting said line the following:
"Section 1. Any resident taxpayer with adjusted gross income of sixteen thousand dollars or
less shall not be required to pay state income tax as levied under chapter 143. RSMo. Nothing
in this section shall exempt the requirements as provided in section 143.191, RSMo, or exempt
the taxpayer for filing a return as required by Chapter 143, RSMo."; and
Further amend said bill by amending the title and enacting clause accordingly.
On motion of Representative Murphy, House Amendment No. 7 was adopted.
Representative Akin offered House Amendment No. 8.
Representative Jacob raised a point of order that House Amendment No. 8 goes
beyond the scope of the bill.
The Chair ruled the point of order well taken.
HCS HBs 987, 1155, 1158 and 1219, as amended, was laid over.
HOUSE RESOLUTION
Representative Backer offered House Resolution No. 840.
HOUSE RESOLUTION NO. 840
BE IT RESOLVED, that the following be elected a permanent officer of the House of
Representatives of the Eighty-eighth General Assembly by acclamation, effective upon the
resignation of the current Chief Clerk.
Chief Clerk .................................................Anne Walker
On motion of Representative Backer, Rule 63 was suspended and House Resolution
No. 840 was adopted.
PERFECTION OF HOUSE BILL
HCS HBs 1199, 1357 and 1393, with House Substitute Amendment No. 1 for House
Amendment No. 2, House Amendment No. 2, and HS, as amended, pending, relating
to law enforcement powers, was again taken up by Representative Reynolds.
House Substitute Amendment No. 1 for House Amendment No. 2 was withdrawn.
Representative Hosmer offered House Substitute Amendment No. 1 for House
Amendment No. 2.
House Substitute Amendment No. 1
for
House Amendment No. 2
AMEND House Substitute for House Committee Substitute for House Bills Nos. 1199, 1357 and
1393, page 3, section 70.820, line 20 of such page, by inserting after the word "section," the
following: "section 544.216 and any other arrest powers"; and
Further amend said bill, page 3, section 70.820, lines 21 to 22 of said page by deleting all
of said lines and inserting in lieu thereof the following: "officer standards and training
commission may arrest on view or immediately thereafter for any crime and without a warrant,
at any place within this state, any person the peace officer sees asserting physical force or
using forcible compulsion of the purpose of causing or creating a substantial risk of death or
serious physical injury to any person."; and
Further amend said bill, page 4, section 70.820, lines 1 to 2 of said page, by deleting all of
said lines.
Representative Smith offered House Substitute Amendment No. 1 for House
Substitute Amendment No. 1 for House Amendment No. 2.
Representative Hosmer raised a point of order that House Substitute Amendment
No. 1 for House Substitute Amendment No. 1 for House Amendment No. 2 is out of
order.
The Chair ruled the point of order well taken.
On motion of Representative Hosmer, House Substitute Amendment No. 1 for House
Amendment No. 2 was adopted by the following vote:
AYES: 124
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Boatright
Bonner Boucher Bray 84 Broach Brown
Burton Canuteson Carter Champion Childers
Clayton Cooper Copeland Crum 112 Crump 152
Daniels 41 Davis Donovan Dougherty Elliott
Enz Farnen Fiebelman Fitzwater Foster
Franklin Garnett Gaskill Gibbons Goward
Graham Gratz Green Griesheimer Gross
Hagan-Harrell Hall Hand Hartzler 123 Hartzler 124
Heckemeyer Hendrickson Hohulin Hoppe Hosmer
Jacob Kasten Kauffman Kelley 47 Kissell
Kreider Lakin Leake Levin Liese
Linton Long Luetkenhaus Marble Marshall 26
May 108 Mays 50 McBride McClelland McLuckie
Mitchell Montgomery Murphy Murray 69 Murray 135
Naeger Nordwald O'Connor O'Toole Oetting
Overschmidt Pouche Prost Pryor Relford
Reynolds Richardson Rizzo Robirds Sallee
Scheve Schilling Schwab Scott Sears 1
Secrest Shear 83 Sheldon 104 Shields Skaggs
Sombart Steen Stokan Stoll Summers
Surface Tate Thomason 163 Troupe Vogel
Wannenmacher Whiteside Wieland Wiggins Williams 121
Williams 159 Witt Wooten Mr. Speaker
NOES: 026
Chrismer Cierpiot Days Edwards-Pavia Evans
Farmer Gunn Harlan Hegeman Howerton
Keeven Kelly 27 Koller Legan Lograsso
Loudon Lumpe Marshall 133 Morgan O'Neill
Ridgeway Ross Shelton 57 Smith Treadway
Van Zandt
PRESENT: 000
ABSENT WITH LEAVE: 012
Bland Daniel 42 Foley Ford Froelker
Hickey Klumb Ostmann Pauley Ribaudo
Thompson 37 Ward
VACANCY: 001
Representative Kissell offered House Amendment No. 3.
Representative Lograsso raised a point of order that House Amendment No. 3
goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Clayton offered House Amendment No. 3.
House Amendment No. 3 was withdrawn.
HCS HBs 1199, 1357 and 1393, with HS, as amended, pending, was laid over.
MOTION
Representative Dougherty, having voted on the prevailing side, moved that the
vote by which HB 782 was defeated on third reading, be reconsidered.
Which motion was adopted by the following vote:
AYES: 091
Akin Auer Backer Barnett 4 Barry 100
Bennett 15 Boucher Bray 84 Brown Burton
Canuteson Carter Childers Chrismer Clayton
Copeland Crum 112 Daniel 42 Daniels 41 Davis
Days Donovan Dougherty Enz Farmer
Farnen Foley Franklin Gibbons Goward
Graham Gratz Green Gross Gunn
Hagan-Harrell Hall Hand Harlan Hendrickson
Hickey Hoppe Hosmer Jacob Kauffman
Keeven Kelley 47 Kelly 27 Kissell Kreider
Lakin Leake Levin Liese Luetkenhaus
Lumpe May 108 Mays 50 McLuckie Morgan
Murphy Murray 69 O'Connor O'Neill O'Toole
Ostmann Overschmidt Reynolds Rizzo Ross
Scheve Schilling Sears 1 Shear 83 Sheldon 104
Shelton 57 Skaggs Smith Stokan Stoll
Surface Tate Thompson 37 Troupe Van Zandt
Whiteside Wiggins Williams 121 Williams 159 Witt
Mr. Speaker
NOES: 061
Alter Ballard Bartelsmeyer Boatright Bonner
Broach Champion Cierpiot Cooper Edwards-Pavia
Elliott Evans Fiebelman Fitzwater Foster
Garnett Gaskill Griesheimer Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hohulin Howerton Kasten
Legan Linton Lograsso Long Loudon
Marble Marshall 26 Marshall 133 McBride McClelland
Mitchell Montgomery Murray 135 Naeger Nordwald
Oetting Pouche Pryor Relford Richardson
Ridgeway Robirds Sallee Schwab Scott
Secrest Shields Sombart Steen Summers
Thomason 163 Treadway Vogel Wannenmacher Wieland
Wooten
PRESENT: 000
ABSENT WITH LEAVE: 010
Bland Crump 152 Ford Froelker Klumb
Koller Pauley Prost Ribaudo Ward
VACANCY: 001
HB 782 was placed on the Third Reading Informal Calendar.
PERFECTION OF HOUSE BILL
HCS HBs 1199, 1357 and 1393, with HS, as amended, pending, relating to law
enforcement powers, was again taken up by Representative Reynolds.
Representative Hohulin offered House Amendment No. 3.
Representative Reynolds raised a point of order that House Amendment No. 3 is
not germane to the bill.
The Chair ruled the point of order well taken.
Representative Gaskill offered House Amendment No. 3.
House Amendment No. 3
AMEND House Substitute for House Committee Substitute for House Bills Nos. 1199, 1357 & 1393,
Page 1, In The Title, Line 3 of said title, by deleting "section 544.157" and inserting in
lieu thereof the following: "sections 544.157 and 590.123"; and
Further amend said bill, Page 1, In The Title, Line 6 of said title, by deleting the word
"four" and inserting in lieu thereof the word "six"; and
Further amend said bill, Page 1, Section A, Line 2 of said page, by deleting "section 544.157"
and inserting in lieu thereof the following: "sections 544.157 and 590.123"; and
Further amend said bill, Page 1, Section A, Line 2 of said page, by deleting the word "four"
and inserting in lieu thereof the word "six"; and
Further amend said bill, Page 1, Section A, Line 4 of said page, by deleting "544.159 and
544.170" and inserting in lieu thereof the following: "544.159, 544.170, 590.123 and 590.124";
and
Further amend said bill, Page 10, Section 544.170, Line 4 of said page, by inserting after all
of said line the following:
"590.123. 1. The peace officers standards and training commission may promulgate rules and
regulations to effectuate the purposes of this chapter. No rule or portion of a rule
promulgated under the authority of this section shall become effective [until it has been
approved by the joint committee on administrative rules in accordance with the procedures
provided in this section, and the delegation of the legislative authority to enact law by the
adoption of such rules is dependent upon the power of the joint committee on administrative
rules to review and suspend rules pending ratification by the senate and the house of
representatives as provided in this section.
2. Upon filing any proposed rule with the secretary of state, the commission shall
concurrently submit such proposed rule to the committee which may hold hearings upon any
proposed rule or portion thereof at any time.
3. A final order of rulemaking shall not be filed with the secretary of state until thirty
days after such final order of rulemaking has been received by the committee. The committee
may hold one or more hearings upon such final order of rulemaking during the thirty-day
period. If the committee does not disapprove such order of rulemaking within the thirty- day
period, the commission may file such order of rulemaking with the secretary of state and the
order of rulemaking shall be deemed approved.
4. The committee may, by majority vote of the members, suspend the order of rulemaking or
portion thereof by action taken prior to the filing of the final order of rulemaking only for
one or more of the following grounds:
(1) An absence of statutory authority for the proposed rule;
(2) An emergency relating to public health, safety or welfare;
(3) The proposed rule is in conflict with state law;
(4) A substantial change in circumstance since enactment of the law upon which the proposed
rule is based;
(5) That the rule is arbitrary and capricious.
5. If the committee disapproves any rule or portion thereof, the commission shall not file
such disapproved portion of any rule with the secretary of state and the secretary of state
shall not publish in the Missouri Register any final order of rulemaking containing the
disapproved portion.
6. If the committee disapproves any rule or portion thereof, the committee shall report its
findings to the senate and the house of representatives. No rule or portion thereof
disapproved by the committee shall take effect so long as the senate and the house of
representatives ratify the act of the joint committee by resolution adopted in each house
within thirty legislative days after such rule or portion thereof has been disapproved by the
joint committee.
7. Upon adoption of a rule as provided in this section, any such rule or portion thereof may
be suspended or revoked by the general assembly either by bill or, pursuant to section 8,
article IV of the Constitution of Missouri, by concurrent resolution upon recommendation of
the joint committee on administrative rules. The committee shall be authorized to hold
hearings and make recommendations pursuant to the provisions of section 536.037, RSMo. The
secretary of state shall publish in the Missouri Register, as soon as practicable, notice of
the suspension or revocation.] unless it has been promulgated pursuant to the provisions of
section 536.024.
590.124. The director shall provide for reciprocity on an hour-to-hour basis for any peace
officer trained outside this state except that no peace officer shall receive credit for
training in the laws of any jurisdiction outside of the state of Missouri. Any peace officer
certified pursuant to this chapter, shall, as a part of the training required by this chapter,
be trained in Missouri law.".
On motion of Representative Gaskill, House Amendment No. 3 was adopted.
Representative Lograsso offered House Amendment No. 4.
House Amendment No. 4
AMEND House Substitute for House Committee Substitute for House Bills Nos. 1199, 1357 and
1393, page 9, section 544.170, line 13, by deleting the words "thirty-six" and inserting in
lieu thereof the word "thirty"
Speaker Pro Tem Daniels assumed the Chair.
Representative Hartzler (123) offered House Substitute Amendment No. 1 for
House Amendment No. 4.
House Substitute Amendment No. 1 for House Amendment No. 4 was withdrawn.
On motion of Representative Lograsso, House Amendment No. 4 was adopted.
The Speaker resumed the Chair.
Representative Pryor offered House Amendment No. 5.
Representative Reynolds raised a point of order that House Amendment No. 5 is
out of order.
The Chair ruled the point of order well taken.
On motion of Representative Reynolds, HS HCS HBs 1199, 1357 and 1393, as
amended, was adopted.
On motion of Representative Reynolds, HS HCS HBs 1199, 1357 and 1393, as
amended, was ordered perfected and printed.
SIGNING OF SENATE BILLS
All other business of the House was suspended while SB 484, SB 497, SB 501, SB
522, SB 532, SB 582, SB 605, SB 665, SB 720, SB 721, SCS SB 806, SB 818, SB
826, HCS SB 870, SB 874, SCS SB 896, SCS SB 916 and SB 945, were read at
length and, there being no objection, was signed by the Speaker to the end
that the same may become law.
CONFERENCE COMMITTEE REPORT NO. 2
FOR HOUSE COMMITTEE SUBSTITUTE
FOR SENATE SUBSTITUTE
FOR SENATE BILL NO. 687
Mr. Speaker: Your Conference Committee, appointed to confer with a like
committee of the Senate, on House Committee Substitute for Senate Substitute
for Senate Bill No. 687, as amended; begs leave to report that we, after free
and fair discussion of the differences between the House and Senate, have
agreed to recommend and do recommend to the respective bodies as follows:
1. That the House recede from its position on House Committee Substitute for
Senate Substitute for Senate Bill No. 687, as amended;
2. That the Senate recede from its position on Senate Substitute for Senate
Bill No. 687;
3. That the attached Conference Committee Substitute No. 2 for House Committee
Substitute for Senate Substitute for Senate Bill No. 687, be adopted.
FOR THE HOUSE: FOR THE SENATE:
/s/ Sheila Lumpe /s/ Wayne Goode
/s/ Rita Days /s/ David Klarich
Tim Green /s/ Mike Lybyer
/s/ Pat Secrest /s/ Betty Sims
/s/ Emmy McClelland John Schneider
MESSAGES FROM THE SENATE
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the President Pro Tem has appointed the following
Conference Committee to act with a like committee from the House on HCS SB
676: Senators Quick, DePasco, Caskey, Singleton and Treppler.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted CCR #2 HCS SS SB 687,
as amended and has taken up and passed CCS #2 HCS SS SB 687.
Emergency clause defeated.
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 SB 838,
entitled:
An act to repeal sections 407.815, 407.825 and 407.835, RSMo 1994, relating to
motor vehicle franchise practices and to enact in lieu thereof eight new
sections relating to the same subject.
In which the concurrence of the House is respectfully requested.
APPOINTMENT OF CONFERENCE COMMITTEE
The Speaker appointed the following Conference Committee to act with a like
committee from the Senate on the following bill:
HCS SB 676: Representatives Smith, Sears (1), Crum (112), Ross and Pouche
RE-REFERRAL OF SENATE CONCURRENT RESOLUTION
The following Senate Concurrent Resolution was re-referred to the Committee
indicated:
SCR 26 - Agriculture
COMMITTEE REPORTS
Committee on Agriculture, Chairmen Leake and Wiggins reporting:
Mr. Speaker: Your Committee on Agriculture, to which was referred SB 492, begs
leave to report it has examined the same and recommends that it Do Pass.
Mr. Speaker: Your Committee on Agriculture, to which was referred SS SB 521,
begs leave to report it has examined the same and recommends that it Do Pass
with House Committee Amendment No. 1.
House Committee Amendment No. 1
AMEND Senate Substitute for Senate Bill No. 521, page 1, In the Title, Line 4, by inserting
immediately after the word "subject" the following:
"with an emergency clause"; and
Further amend said bill, page 3, Section 274.310, Line 16, by inserting after all of said line
the following:
"Section B. Because immediate action is necessary to protect the public welfare this act is
deemed necessary for the immediate preservation of the public health, welfare, peace and
safety, and is hereby declared to be an emergency act within the meaning of the constitution,
and this act shall be in full force and effect upon its passage and approval.".
Committee on Banks and Financial Institutions, Chairman Copeland reporting:
Mr. Speaker: Your Committee on Banks and Financial Institutions, to which was
referred SB 683, begs leave to report it has examined the same and recommends
that the House Committee Substitute Do Pass.
Mr. Speaker: Your Committee on Banks and Financial Institutions, to which was
referred SB 898, begs leave to report it has examined the same and recommends
that it Do Pass.
Committee on Children, Youth and Families, Chairman Dougherty reporting:
Mr. Speaker: Your Committee on Children, Youth and Families, to which was
referred SCS SB 533, 512 & 581, begs leave to report it has examined the same
and recommends that the House Committee Substitute Do Pass.
Mr. Speaker: Your Committee on Children, Youth and Families, to which was
referred SCS SB 763 & 545, begs leave to report it has examined the same and
recommends that the House Committee Substitute Do Pass.
Committee on Civil and Criminal Law, Chairman Hosmer reporting:
Mr. Speaker: Your Committee on Civil and Criminal Law, to which was referred
SB 769, begs leave to report it has examined the same and recommends that the
House Committee Substitute Do Pass.
Committee on Commerce, Chairman Rizzo reporting:
Mr. Speaker: Your Committee on Commerce, to which was referred SCS SB 640,
begs leave to report it has examined the same and recommends that it Do Pass
with House Committee Amendment No. 1.
House Committee Amendment No. 1
AMEND Senate Committee Substitute for Senate Bill No. 640, page 1, In the Title, lines 2 and
3, by deleting all of said lines and inserting in lieu thereof the following:
"To repeal section 144.805, RSMo 1994, relating to sales and use tax, and to enact in lieu
thereof one new section relating to the"; and
Further amend said bill, Page 1, Section A, Lines 1 through 3, by deleting all of said lines
and inserting in lieu thereof the following:
"Section A. Section 144.805, RSMo 1994, is repealed and one new section enacted in lieu
thereof, to be known as section 144.805, to read as follows:"; and
Further amend said bill, Pages 1, 2 and 3, Section 144.748, Lines 1 through 79, by deleting
all of said section 144.748; and
Further amend said bill, Page 4, Section 144.805, Line 37, by inserting immediately after said
line the following:
"Section B. One new section is enacted, to be known as section 144.809, to read as follows:
144.809. In addition to the exemptions granted pursuant to the provisions of section 144.030,
there is hereby specifically exempted from the provisions of, and the computation of the tax
levied, assessed or payable under, any state or local sales or use tax, or any increase in any
state or local sales or use tax rate, which tax or increase was not in effect on December 30,
1987, the sale, storage, use or consumption of aviation jet fuel at or upon airports within
the state of Missouri, which airports are recipients of federal grant funds, have submitted
applications for or have been approved for federal grant funds, or which are otherwise
eligible to apply for federal grant funds."
Committee on Consumer Protection, Chairman Mays (50) reporting:
Mr. Speaker: Your Committee on Consumer Protection, to which was referred SB
589, begs leave to report it has examined the same and recommends that it Do
Pass.
Mr. Speaker: Your Committee on Consumer Protection, to which was referred SCS
SB 613 & 714, begs leave to report it has examined the same and recommends
that it Do Pass.
Committee on Education - Elementary and Secondary, Chairman Morgan reporting:
Mr. Speaker: Your Committee on Education - Elementary and Secondary, to which
was referred SS SCS SB 795, 542 & 563, begs leave to report it has examined
the same and recommends that the House Committee Substitute Do Pass.
Committee on Education - Higher, Chairman Scheve reporting:
Mr. Speaker: Your Committee on Education - Higher, to which was referred SB
506, begs leave to report it has examined the same and recommends that it Do
Pass.
Committee on Energy and Environment, Chairman Garnett reporting:
Mr. Speaker: Your Committee on Energy and Environment, to which was referred
SB 854, begs leave to report it has examined the same and recommends that it
Do Pass.
Committee on Federal State Relations and Veterans Affairs, Chairman Montgomery
reporting:
Mr. Speaker: Your Committee on Federal State Relations and Veterans Affairs,
to which was referred SCR 24, begs leave to report it has examined the same
and recommends that it Do Pass.
Mr. Speaker: Your Committee on Federal State Relations and Veterans Affairs,
to which was referred SCR 19, begs leave to report it has examined the same
and recommends that it Do Pass.
Mr. Speaker: Your Committee on Federal State Relations and Veterans Affairs,
to which was referred SCR 18, begs leave to report it has examined the same
and recommends that it Do Pass.
Committee on Governmental Organization and Review, Chairman Goward reporting:
Mr. Speaker: Your Committee on Governmental Organization and Review, to which
was referred SB 876, begs leave to report it has examined the same and
recommends that it Do Pass with House Committee Amendment No. 1.
House Committee Amendment No. 1
AMEND Senate Bill No. 876, Page 1, In the Title, Lines 2 and 3, by deleting all of said lines
and inserting in lieu thereof the following:
"To repeal section 207.125, RSMo 1994, relating to certain boards and commissions, and to
enact in lieu thereof two new sections relating to the same subject, with a termination date
for a certain section and with an emergency clause."; and
Further amend said bill, Page 1, Section A, Lines 1 and 2, by deleting all of said lines and
inserting in lieu thereof the following:
"Section A. Section 207.125, RSMo 1994, is repealed and two new sections enacted in lieu
thereof, to be known as sections 26.301 and 207.125, to read as follows:"; and
Further amend said bill, Page 1, Section 26.301, Line 9, by adding after all of said line the
following:
"207.125. 1. The general assembly shall establish in the division of family services, the
"Missouri Family Services Advisory Council" which shall consist of fifteen citizens to be
appointed as follows:
(1) Five members, two of whom shall be members of the house of representatives each of whom
shall be a member of a different political party, appointed by the governor from a list
submitted by the speaker of the house of representatives;
(2) Five members, two of whom shall be members of the senate each of whom shall be a member of
a different political party, appointed by the governor from a list submitted by the president
pro tempore of the senate;
(3) Five members appointed by the governor who either participate in, or represent persons who
participate in, any of the division of family services' programs.
2. The council shall organize by electing one member as chairperson and another as vice
chairperson. The council shall meet no fewer than four times per calendar year in Jefferson
City, at the call of the chairman, in facilities made available by the division of family
services. The council members shall [receive no compensation and no per diem expenses] be
reimbursed for their reasonable and necessary expenses incurred in the performance of their
duties.
3. The council shall advise and counsel the division of family services on the rules,
regulations and policy issues of the division and their effect on families. In addition, the
council shall oversee the implementation and assess the success or failure of pilot projects
which are chosen by the director of the division of family services for review by the council.
The council shall report to the governor, the speaker of the house of representatives and the
president pro tempore of the senate the results of the council's study of each pilot project
reviewed by the council. Such report shall include the council's recommendation as to whether
the pilot project should be expanded.
4. The council shall also serve in an ombudsman capacity by hearing complaints of citizens
affected by the decisions and actions of the division regarding out-of-home placements of
children in the custody of the division of family services and in-home services provided by
the division of family services to families and children resulting from reports of child abuse
and neglect which are received by the division. The council shall hire two employees to act as
an ombudsman and secretary, whose salaries shall be paid from state appropriations made for
that purpose from the division of family services budget. The ombudsman and secretary shall
report to the advisory council quarterly on the number and nature of complaints and the manner
in which they were resolved. The advisory council shall report annually, by January fifteenth,
to the director of the division of family services and the children's services commission
regarding the number, the nature and the disposition of complaints referred to the ombudsman.
5. The provisions of this section shall expire July 1, 1998.
Section B. Because immediate action is necessary to ensure the orderly operation of certain
boards and commissions, section A of this act is deemed necessary for the immediate
preservation of the public health, welfare, peace and safety, and is hereby declared to be an
emergency act within the meaning of the constitution, and section A of this act shall be in
full force and effect upon its passage and approval.".
Committee on Insurance, Chairman Auer reporting:
Mr. Speaker: Your Committee on Insurance, to which was referred SB 664, begs
leave to report it has examined the same and recommends that the House
Committee Substitute Do Pass.
Committee on Judiciary and Ethics, Chairman Witt reporting:
Mr. Speaker: Your Committee on Judiciary and Ethics, to which was referred SS
SCS SB 494, begs leave to report it has examined the same and recommends that
the House Committee Substitute Do Pass.
Mr. Speaker: Your Committee on Judiciary and Ethics, to which was referred SB
578, begs leave to report it has examined the same and recommends that it Do
Pass.
Committee on Labor, Chairman Hickey reporting:
Mr. Speaker: Your Committee on Labor, to which was referred SB 565, begs leave
to report it has examined the same and recommends that it Do Pass.
Committee on Local Government and Related Matters, Chairman Hoppe reporting:
Mr. Speaker: Your Committee on Local Government and Related Matters, to which
was referred SB 933, begs leave to report it has examined the same and
recommends that the House Committee Substitute Do Pass.
Committee on Motor Vehicle and Traffic Regulations, Chairman Sheldon (104)
reporting:
Mr. Speaker: Your Committee on Motor Vehicle and Traffic Regulations, to which
was referred SB 499, begs leave to report it has examined the same and
recommends that the House Committee Substitute Do Pass.
Mr. Speaker: Your Committee on Motor Vehicle and Traffic Regulations, to which
was referred SS SB 560, begs leave to report it has examined the same and
recommends that the House Committee Substitute Do Pass.
Mr. Speaker: Your Committee on Motor Vehicle and Traffic Regulations, to which
was referred SCS SB 642 & 819, begs leave to report it has examined the same
and recommends that it Do Pass.
Committee on Public Health and Safety, Chairman Bland reporting:
Mr. Speaker: Your Committee on Public Health and Safety, to which was referred
SB 703, begs leave to report it has examined the same and recommends that it
Do Pass.
Mr. Speaker: Your Committee on Public Health and Safety, to which was referred
SB 858, begs leave to report it has examined the same and recommends that it
Do Pass.
Committee on Retirement, Chairman Hagan-Harrell reporting:
Mr. Speaker: Your Committee on Retirement, to which was referred SCS #2 SB
860, begs leave to report it has examined the same and recommends that the
House Committee Substitute Do Pass.
Committee on Social Services, Medicaid and the Elderly, Chairman Boucher
reporting:
Mr. Speaker: Your Committee on Social Services, Medicaid and the Elderly, to
which was referred SJR 32, begs leave to report it has examined the same and
recommends that it Do Pass.
Committee on Tourism, Recreation and Cultural Affairs, Chairman Overschmidt
reporting:
Mr. Speaker: Your Committee on Tourism, Recreation and Cultural Affairs, to
which was referred SB 715, begs leave to report it has examined the same and
recommends that the House Committee Substitute Do Pass.
Mr. Speaker: Your Committee on Tourism, Recreation and Cultural Affairs, to
which was referred SB 782, begs leave to report it has examined the same and
recommends that it Do Pass with House Amendment No. 1.
House Committee Amendment No. 1
AMEND Senate Bill No. 782, page 2, section 185.100, line 22, by inserting immediately after
said line, the following:
"186.055. There is hereby established a special trust fund, to be known as the "Missouri
Humanities Council Trust Fund", which shall consist of all moneys transferred to the fund by
the board of trustees established in this section, moneys transferred to the fund pursuant to
section 186.060, and any earnings resulting from the investment of moneys in the fund. The
fund shall be administered by a board of trustees, consisting of the state treasurer, two
members of the senate appointed by the president pro tem of the senate, two members of the
house of representatives appointed by the speaker of the house and four members of the
Missouri humanities council executive committee appointed by the chair of the council. Any
member appointed due to such person's membership in the senate, house of representatives or
humanities council shall serve only as long as such person holds the office referenced in this
section. The state treasurer shall invest moneys in the fund in a manner as provided by law.
Subject to appropriations, moneys in the fund shall be used solely for the promotion of the
humanities in Missouri and for the administrative costs of the Missouri humanities council.
The provisions of section 33.080, RSMo, to the contrary notwithstanding, money in the Missouri
humanities council trust fund shall not be transferred and placed to the credit of the general
revenue fund."; and
Further amend the title and enacting clause accordingly
Committee on Transportation, Chairman Koller reporting:
Mr. Speaker: Your Committee on Transportation, to which was referred SB 780,
begs leave to report it has examined the same and recommends that the House
Committee Substitute Do Pass.
Committee on Workers Compensation and Employment Security, Chairman O'Neill
reporting:
Mr. Speaker: Your Committee on Workers Compensation and Employment Security,
to which was referred SB 783, begs leave to report it has examined the same
and recommends that it Do Pass with House Committee Amendment No. 1.
House Committee Amendment No. 1
AMEND Senate Bill No. 783, Page 1, In the Title, Line 2, by inserting after the words "repeal
sections" the following: "288.050, 288.070, 288.100, 288.110, 288.113, 288.130, 288.140,
288.160, 288.190, 288.200,"; and
Further amend said bill, Page 1, In the Title, Line 2, by inserting after the words "and
sections" the following: "288.030, 288.032, 288.036, 288.114,"; and
Further amend said bill, Page 1, In the Title, Line 3, by deleting the words "unemployment
compensation funds" and inserting in lieu thereof the following: "streamlining of employment
security programs"; and
Further amend said bill, Page 1, In the Title, Line 4, by deleting the word "four" and
inserting in lieu thereof the following: "seventeen"; and
Further amend said bill, Page 1, In the Title, Line 5, by inserting after the word "subject"
the following: ", with an effective date for a certain section"; and
Further amend said bill, Page 1, Section A, Line 1, by inserting after the word "Sections" the
following: "288.050, 288.070, 288.100, 288.110, 288.113, 288.130, 288.140, 288.160, 288.190,
288.200,"; and
Further amend said bill, Page 1, Section A, Line 2, by inserting after the word "sections" the
following: "288.030, 288.032, 288.036, 288.114,"; and
Further amend said bill, Page 1, Section A, Line 2, by deleting the word "four" and inserting
in lieu thereof the following: "seventeen"; and
Further amend said bill, Page 1, Section A, Line 3, by inserting after the words "as sections"
the following: "288.030, 288.032, 288.036, 288.050, 288.070, 288.100, 288.110, 288.113,
288.130, 288.140, 288.160, 288.190, 288.200,"; and
Further amend said bill, Page 1, Section A, Line 4, by inserting after all of said line the
following:
"288.030. 1. As used in this chapter, unless the context clearly requires otherwise:
(1) "Appeals tribunal" means a referee or a body consisting of three referees appointed to
conduct hearings and make decisions on appeals from administrative determinations, petitions
for reassessment, and claims referred pursuant to subsection 2 of section 288.070;
(2) "Base period" means the first four of the last five completed calendar quarters
immediately preceding the first day of an individual's benefit year;
(3) "Benefit year" means the one-year period beginning with the first day of the first week
with respect to which an insured worker first files an initial claim for determination of
[his] such worker's insured status, and thereafter the one-year period beginning with the
first day of the first week with respect to which the individual, providing [he] the
individual is then an insured worker, next files such an initial claim after the end of [his]
the individual's last preceding benefit year;
(4) "Benefits" means the money payments payable to an insured worker, as provided in this
chapter, with respect to [his] such insured worker's unemployment;
(5) "Calendar quarter" means the period of three consecutive calendar months ending on March
thirty-first, June thirtieth, September thirtieth, or December thirty-first;
(6) "Claimant" means an individual who has filed an initial claim for determination of [his]
such individual's status as an insured worker, a notice of unemployment, a certification for
waiting week credit, or a claim for benefits;
(7) "Commission" means the labor and industrial relations commission of Missouri;
(8) "Common paymaster" means two or more related corporations in which one of the corporations
has been designated to disburse remuneration to concurrently employed individuals of any of
the related corporations;
(9) "Contributions" means the money payments to the unemployment compensation fund required by
this chapter, exclusive of interest and penalties;
(10) "Decision" means a ruling made by an appeals tribunal or the commission after a hearing;
(11) "Deputy" means a representative of the division designated to make investigations and
administrative determinations on claims or matters of employer liability or to perform related
work;
(12) "Determination" means any administrative ruling made by the division without a hearing;
(13) "Director" means the administrative head of the division of employment security;
(14) "Division" means the division of employment security which administers this chapter;
(15) "Employing unit" means any individual, organization, partnership, corporation, common
paymaster, or other legal entity, including the legal representatives thereof, which has or,
subsequent to June 17, 1937, had in its employ one or more individuals performing services for
it within this state. All individuals performing services within this state for any employing
unit which maintains two or more separate establishments within this state shall be deemed to
be employed by a single employing unit for all the purposes of this chapter. Each individual
engaged to perform or to assist in performing the work of any person in the service of an
employing unit shall be deemed to be engaged by such employing unit for all the purposes of
this chapter, whether such individual was engaged or paid directly by such employing unit or
by such person, provided the employing unit had actual or constructive knowledge of the work;
(16) "Employment office" means a free public employment office operated by this or any other
state as a part of a state controlled system of public employment offices including any
location designated by the state as being a part of the one-stop career system;
(17) "Equipment" means a motor vehicle, straight truck, tractor, semi-trailer, full trailer,
any combination of these and any other type of equipment used by authorized carriers in the
transportation of property for hire;
(18) "Fund" means the unemployment compensation fund established by this chapter;
(19) "Governmental entity" means the state, any political subdivision thereof, any
instrumentality of any one or more of the foregoing which is wholly owned by this state and
one or more other states or political subdivisions and any instrumentality of this state or
any political subdivision thereof and one or more other states or political subdivisions;
(20) "Initial claim" means [a written] an application, in a form prescribed by the division,
made by an individual for the determination of [his] the individual's status as an insured
worker;
(21) "Insured work" means employment in the service of an employer;
(22) As to initial claims filed after December 31, 1990, "insured worker" means a worker who
has been paid wages for insured work in the amount of one thousand dollars or more in at least
one calendar quarter of [his] such worker's base period and total wages in [his] the worker's
base period equal to at least one and one-half times the insured wages in that calendar
quarter of the base period in which the worker's insured wages were the highest, or in the
alternative, a worker who has been paid wages in at least two calendar quarters of [his] such
worker's base period and whose total base period wages are at least one and one-half times the
maximum taxable wage base, taxable to any one employer, in accordance with subdivision (1) of
section 288.036. For the purposes of this definition, "wages" shall be considered as wage
credits with respect to any benefit year, only if such benefit year begins subsequent to the
date on which the employing unit by which such wages were paid has become an employer;
(23) "Lessor", in a lease, means the party granting the use of equipment, with or without a
driver to another;
(24) "Referee" means a representative of the division designated to serve on an appeals
tribunal;
(25) "State" includes, in addition to the states of the United States of America, the District
of Columbia, Puerto Rico, the Virgin Islands, and the Dominion of Canada;
(26) (a) An individual shall be deemed "totally unemployed" in any week during which [he] the
individual performs no services and with respect to which no wages are payable to [him] such
individual;
(b) An individual shall be deemed "partially unemployed" in any week of less than full-time
work if the wages payable to [him] such individual for such week do not equal or exceed [his]
the individual's weekly benefit amount plus twenty dollars;
(c) An individual's "week of unemployment" shall begin the first day of the calendar week in
which [he] the individual registers at an employment office except that, if for good cause
[his] the individual's registration is delayed, the week of unemployment shall begin the first
day of the calendar week in which [he] the individual would have otherwise registered. The
requirement of registration may by regulation be postponed or eliminated in respect to claims
for partial unemployment or may by regulation be postponed in case of a mass layoff due to a
temporary cessation of work;
(27) "Waiting week" means the first week of unemployment for which a claim is allowed in a
benefit year or if no waiting week has occurred in a benefit year in effect on the effective
date of a shared work plan, the first week of participation in a shared work unemployment
compensation program [under] pursuant to section 288.500.
2. The Missouri average annual wage shall be computed as of June thirtieth of each year, and
shall be applicable to the following calendar year. The Missouri average annual wage shall be
calculated by dividing the total wages reported as paid for insured work in the preceding
calendar year by the average of mid-month employment reported by employers for the same
calendar year. The Missouri average weekly wage shall be computed by dividing the Missouri
average annual wage as computed in this subsection by fifty-two.
288.032. 1. After December 31, 1977, "employer" means:
(1) Any employing unit which in any calendar quarter in either the current or preceding
calendar year paid for service in employment wages of one thousand five hundred dollars or
more except that for the purposes of this definition, wages paid for "agricultural labor" as
defined in paragraph (a) of subdivision (1) of subsection 12 of section 288.034 and for
"domestic services" as defined in subdivisions (2) and (12) of subsection 12 of section
288.034 shall not be considered;
(2) Any employing unit which for some portion of a day in each of twenty different calendar
weeks, whether or not such weeks were consecutive, in either the current or the preceding
calendar year, had in employment at least one individual (irrespective of whether the same
individual was in employment in each such day); except that for the purposes of this
definition, services performed in "agricultural labor" as defined in paragraph (a) of
subdivision (1) of subsection 12 of section 288.034 and in "domestic services" as defined in
subdivisions (2) and (12) of subsection 12 of section 288.034 shall not be considered;
(3) Any governmental entity for which service in employment as defined in subsection 7 of
section 288.034 is performed;
(4) Any employing unit for which service in employment as defined in subsection 8 of section
288.034 is performed during the current or preceding calendar year;
(5) Any employing unit for which service in employment as defined in paragraph (b) of
subdivision (1) of subsection 12 of section 288.034 is performed during the current or
preceding calendar year;
(6) Any employing unit for which service in employment as defined in subsection 13 of section
288.034 is performed during the current or preceding calendar year;
(7) Any individual, type of organization or employing unit which has [acquired substantially
all of the business of an employer subject to this law] been determined to be a successor
pursuant to section 288.110;
(8) Any individual, type of organization or employing unit which has elected to become subject
to this law pursuant to subdivision (1) of subsection 3 of section 288.080;
(9) Any individual, type of organization or employing unit which, having become an employer,
has not [under] pursuant to section 288.080 ceased to be an employer;
(10) Any employing unit subject to the Federal Unemployment Tax Act or which, as a condition
for approval of this law for full tax credit against the tax imposed by the Federal
Unemployment Tax Act, is required, pursuant to such act, to be an employer [under] pursuant to
this law.
2. (1) Notwithstanding any other provisions of this law, any employer, individual,
organization, partnership, corporation, other legal entity or employing unit that meets the
definition of "lessor employing unit", as defined in subdivision (5) of this subsection, shall
be liable for contributions on wages paid by the lessor employing unit to individuals
performing services for client lessees of the lessor employing unit. Unless the lessor
employing unit has timely complied with the provisions of subdivision (3) of this subsection,
any employer, individual, organization, partnership, corporation, other legal entity or
employing unit which is leasing individuals from any lessor employing unit shall be jointly
and severally liable for any unpaid contributions, interest and penalties due [under] pursuant
to this law from any lessor employing unit attributable to wages for services performed for
the client lessee entity by individuals leased to the client lessee entity, and the lessor
employing unit shall keep separate records and submit separate quarterly contribution and wage
reports for each of its client lessee entities. Delinquent contributions, interest and
penalties shall be collected in accordance with the provisions of this chapter.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, any governmental
entity or nonprofit organization that meets the definition of "lessor employing unit", as
defined in subdivision (5) of this subsection, and has elected to become liable for payments
in lieu of contributions as provided in subsection 3 of section 288.090, shall pay the
division payments in lieu of contributions, interest, penalties and surcharges in accordance
with section 288.090 on benefits paid to individuals performing services for the client
lessees of the lessor employing unit. If the lessor employing unit has not timely complied
with the provisions of subdivision (3) of this subsection, any client lessees with services
attributable to and performed for the client lessees shall be jointly and severally liable for
any unpaid payments in lieu of contributions, interest, penalties and surcharges due [under]
pursuant to this law. The lessor employing unit shall keep separate records and submit
separate quarterly contribution and wage reports for each of its client lessees. Delinquent
payments in lieu of contributions, interest, penalties and surcharges shall be collected in
accordance with subsection 3 of section 288.090. The election to be liable for payments in
lieu of contributions made by a governmental entity or nonprofit organization meeting the
definition of "lessor employing unit", may be terminated by the division in accordance with
subsection 3 of section 288.090.
(3) In order to relieve a client lessees from joint and several liability and the separate
reporting requirements imposed [under] pursuant to this subsection, any lessor employing unit
may post and maintain a surety bond issued by a corporate surety authorized to do business in
Missouri in an amount equivalent to the contributions or payments in lieu of contributions for
which the lessor employing unit was liable in the last calendar year in which he or she
accrued contributions or payments in lieu of contributions, or one hundred thousand dollars,
whichever amount is the greater, to ensure prompt payment of contributions or payments in lieu
of contributions, interest, penalties and surcharges for which the lessor employing unit may
be, or becomes, liable [under] pursuant to this law. In lieu of a surety bond, the lessor
employing unit may deposit in a depository designated by the director, securities with
marketable value equivalent to the amount required for a surety bond. The securities so
deposited shall include authorization to the director to sell any securities in an amount
sufficient to pay any contributions or payments in lieu of contributions, interest, penalties
and surcharges which the lessor employing unit fails to promptly pay when due. In lieu of a
surety bond or securities as described in this subdivision, any lessor employing unit may
provide the director with an irrevocable letter of credit, as defined in section 400.5-103,
RSMo, issued by any state or federally chartered financial institution, in an amount
equivalent to the amount required for a surety bond as described in this subdivision. In lieu
of a surety bond, securities or an irrevocable letter of credit, a lessor employing unit may
obtain a certificate of deposit issued by any state or federally chartered financial
institution, in an amount equivalent to the amount required for a surety bond as described in
this subdivision. The certificate of deposit shall be pledged to the director until release by
the director. As used in this subdivision, the term "certificate of deposit" means a
certificate representing any deposit of funds in a state or federally chartered financial
institution for a specified period of time which earns interest at a fixed or variable rate,
where such funds cannot be withdrawn prior to a specified time without forfeiture of some or
all of the earned interest.
(4) Any lessor employing unit which is currently engaged in the business of leasing
individuals to client lessees shall comply with the provisions of subdivision (3) of this
subsection by September 28, 1992. Lessor employing units not currently engaged in the business
of leasing individuals to client lessees shall comply with subdivision (3) of this subsection
before entering into a written lease agreements with client lessees.
(5) As used in this subsection, the term "lessor employing unit" means an independently
established business entity, governmental entity as defined in subsection 1 of section 288.030
or nonprofit organization as defined in subsection 3 of section 288.090 which, pursuant to a
written lease agreement between the lessor employing unit and the client lessees, engages in
the business of providing individuals to any other employer, individual, organization,
partnership, corporation, other legal entity or employing unit referred to in this subsection
as a client lessee.
(6) The provisions of this subsection shall not be applicable to private employment agencies
who provide their employees to employers on a temporary help basis provided the private
employment agencies are liable as employers for the payment of contributions on wages paid to
temporary workers so employed.
3. After September 30, 1986, notwithstanding any provision of section 288.034, for the purpose
of this law, in no event shall a for-hire motor carrier as regulated by the Missouri division
of transportation or whose operations are confined to a commercial zone be determined to be
the employer of a lessor as defined in section 288.030 or of a driver receiving remuneration
from a lessor, provided, however, the term "for-hire motor carrier" shall in no event include
an organization described in section 501(c)(3) of the Internal Revenue Code or any
governmental entity.
4. The owner or operator of a beauty salon or similar establishment shall not be determined to
be the employer of a person who utilizes the facilities of the owner or operator but who
receives neither salary, wages or other compensation from the owner or operator and who pays
the owner or operator rent or other payments for the use of the facilities.
288.036. "Wages" means all remuneration, payable or paid, for personal services including
commissions and bonuses and, except as provided in subdivision (8) of this section, the cash
value of all remuneration paid in any medium other than cash. Gratuities, including tips
received from persons other than the employing unit, shall be considered wages only if
required to be reported as wages [under] pursuant to the Federal Unemployment Tax Act, 26
U.S.C. Sec. 3306, and shall be, for the purposes of this chapter, treated as having been paid
by the employing unit. Severance pay shall be considered as wages to the extent required
[under] pursuant to the Federal Unemployment Tax Act, 26 U.S.C. Section 3306(b). Vacation pay
and holiday pay shall be considered as wages for the week with respect to which it is payable.
The term "wages" shall not include:
(1) For the purposes of determining the amount of contributions due and contribution rates,
that part of the remuneration for employment paid to an individual by an employer or the
employer's predecessors which is in excess of seven thousand dollars for the calendar years
1988 through 1992, seven thousand five hundred dollars for the calendar year 1993, eight
thousand five hundred dollars for the calendar years 1994 and 1995 and each calendar year
thereafter, unless that part of the remuneration is subject to a tax [under] pursuant to a
federal law imposing a tax against which credit may be taken for contributions required to be
paid into a state unemployment fund; except that:
(a) In addition to the taxable wage, as defined in this subdivision, if on December 31, 1995,
or on any December thirty-first thereafter, the balance in the unemployment insurance trust
fund, less any federal advances, is less than one hundred million dollars, then the amount of
the taxable wage then in effect shall be increased by five hundred dollars for all succeeding
calendar years;
(b) If on December 31, 1995, or any December thirty-first thereafter, the balance in the
unemployment insurance trust fund, less any federal advances, is two hundred and fifty million
dollars or more, then the amount of the taxable wage then in effect shall be reduced by five
hundred dollars, but not below that part of the remuneration which is subject to a tax [under]
pursuant to a federal law imposing a tax against which credit may be taken for contributions
required to be paid into a state unemployment fund;
(2) The amount of any payment made (including any amount paid by an employing unit for
insurance or annuities, or into a fund, to provide for any such payment) to, or on behalf of,
an individual under a plan or system established by an employing unit which makes provision
generally for individuals performing services for it or for a class or classes of such
individuals, on account of:
(a) Sickness or accident disability, but in case of payments made to an employee or any of
[his] the employee's dependents this paragraph shall exclude from the term "wages" only
payments which are received [under] pursuant to a workers' compensation law; or
(b) Medical and hospitalization expenses in connection with sickness or accident disability;
or
(c) Death;
(3) The amount of any payment on account of sickness or accident disability, or medical or
hospitalization expenses in connection with sickness or accident disability, made by an
employing unit to, or on behalf of, an individual performing services for it after the
expiration of six calendar months following the last calendar month in which the individual
performed services for such employing unit;
(4) The amount of any payment made by an employing unit to, or on behalf of, an individual
performing services for it or his or her beneficiary:
(a) From or to a trust described in 26 U.S.C. 401(a) which is exempt from tax [under] pursuant
to 26 U.S.C. 501(a) at the time of such payment unless such payment is made to an employee of
the trust as remuneration for services rendered as such an employee and not as a beneficiary
of the trust; or
(b) Under or to an annuity plan which, at the time of such payments, meets the requirements of
section 404(a)(2) of the Federal Internal Revenue Code (26 U.S.C.A. Sec. 404);
(5) The amount of any payment made by an employing unit (without deduction from the
remuneration of the individual in employment) of the tax imposed [under] pursuant to section
3101 of the Federal Internal Revenue Code (26 U.S.C.A. Sec. 3101) upon an individual with
respect to remuneration paid to an employee for domestic service in a private home or for
agricultural labor;
(6) Remuneration paid in any medium other than cash to an individual for services not in the
course of the employing unit's trade or business;
(7) Remuneration paid in the form of meals provided to an individual in the service of an
employing unit where such remuneration is furnished on the employer's premises and at the
employer's convenience, except that remuneration in the form of meals that is considered wages
and required to be reported as wages [under] pursuant to the Federal Unemployment Tax Act, 26
U.S.C. Sec. 3306 shall be reported as wages as required thereunder;
(8) For the purpose of determining wages paid for agricultural labor as defined in paragraph
(b) of subdivision (1) of subsection 12 of section 288.034 and for domestic service as defined
in subsection 13 of section 288.034, only cash wages paid shall be considered[.];
(9) Any payment to, or on behalf of, an employee or the employee's beneficiary under a
cafeteria plan, if such payment would not be treated as wages pursuant to the Federal
Unemployment Tax Act.
288.050. 1. Notwithstanding the other provisions of this law, a claimant shall be disqualified
for waiting week credit or benefits until after [he] the claimant has earned wages for work
insured [under] pursuant to the unemployment compensation laws of any state equal to ten times
[his] the claimant's weekly benefit amount if the deputy finds:
(1) That [he] the claimant has left [his] work voluntarily without good cause attributable to
[his] such work or to [his] the claimant's employer; except that [he] the claimant shall not
be disqualified:
(a) If the deputy finds [he] the claimant quit such work for the purpose of accepting a more
remunerative job which [he] the claimant did accept and earn some wages therein;
(b) If [he] the claimant quit temporary work to return to [his] such claimant's regular
employer; or
(c) If the deputy finds the individual quit work, which would have been determined not
suitable in accordance with paragraphs (a) and (b) of subdivision (3) of subsection 1 of this
section, within twenty-eight calendar days of the first day worked; or
(d) As to initial claims filed after December 31, 1988, if the claimant presents evidence
supported by competent medical proof that she was forced to leave her work because ofvidence
pregnancy, notified her employer of such necessity as soon as practical under the bvidence
circumstances, and returned to that employer and offered her services to that employer as soon
as she was physically able to return to work, as certified by a licensed and practicing
physician, but in no event later than ninety days after the termination of the pregnancy. An
employee shall have been employed for at least one year with the same employer before she may
be provided benefits [under] pursuant to the provisions of this paragraph;
(2) That [he] the claimant has retired pursuant to the terms of a labor agreement between
[his] the claimant's employer and a union duly elected by the employees as their official
representative or in accordance with an established policy of [his] the claimant's employer;
or
(3) That [he] the claimant failed without good cause either to apply for available suitable
work when so directed by the deputy, or to accept suitable work when offered [him] the
claimant, either through the division or directly by an employer by whom the individual was
formerly employed, or to return to [his] the individual's customary self-employment, if any,
when so directed by the deputy.
(a) In determining whether or not any work is suitable for an individual, the division shall
consider, among other factors and in addition to those enumerated in paragraph (b) of this
subdivision, the degree of risk involved to [his] the individual's health, safety and morals,
[his] the individual's physical fitness and prior training, [his] the individual's experience
and prior earnings, [his] the individual's length of unemployment, [his] the individual's
prospects for securing work in [his] the individual's customary occupation, the distance of
available work from [his] the individual's residence and [his] the individual's prospect of
obtaining local work; except that, if an individual has [removed himself] moved from the
locality in which [he] the individual actually resided when [he] such individual was last
employed to a place where there is less probability of [his] the individual's employment at
[his] such individual's usual type of work and which is more distant from or otherwise less
accessible to the community in which [he] the individual was last employed, work offered by
[his] the individual's most recent employer if similar to that which [he] such individual
performed in [his] such individual's last employment and at wages, hours, and working
conditions which are substantially similar to those prevailing for similar work in such
community, or any work which [he] the individual is capable of performing at the wages
prevailing for such work in the locality to which [he has removed] the individual has moved,
if not hazardous to [his] such individual's health, safety or morals, shall be deemed suitable
for [him] the individual;
(b) Notwithstanding any other provisions of this law, no work shall be deemed suitable and
benefits shall not be denied [under] pursuant to this law to any otherwise eligible individual
for refusing to accept new work under any of the following conditions:
a. If the position offered is vacant due directly to a strike, lockout, or other labor
dispute;
b. If the wages, hours, or other conditions of the work offered are substantially less
favorable to the individual than those prevailing for similar work in the locality;
c. If as a condition of being employed the individual would be required to join a company
union or to resign from or refrain from joining any bona fide labor organization.
2. Notwithstanding the other provisions of this law, if a deputy finds that a claimant has
been discharged for misconduct connected with [his] the claimant's work, such claimant,
depending upon the seriousness of the misconduct as determined by the deputy according to the
circumstances in each case, shall be disqualified for waiting week credit or benefits for not
less than four nor more than sixteen weeks for which [he] the claimant claims benefits and is
otherwise eligible. In addition to the disqualification for benefits [under] pursuant to this
provision the division may in the more aggravated cases of misconduct cancel all or any part
of the individual's wage credits, which were established through [his] the individual's
employment by the employer who discharged [him] such individual, according to the seriousness
of the misconduct. A disqualification provided for [under] pursuant to this subsection shall
not apply to any week which occurs after the claimant has earned wages for work insured
[under] pursuant to the unemployment compensation laws of any state in an amount equal to
eight times [his] the claimant's weekly benefit amount.
3. Notwithstanding the provisions of subsection 1 of this section, a claimant may not be
determined to be disqualified for benefits because the claimant is in training approved
[under] pursuant to section 236 of the Trade Act of 1974, as amended, (19 U.S.C.A. Sec. 2296,
as amended), or because the claimant left work which was not "suitable employment" to enter
such training. For the purposes of this subsection "suitable employment" means, with respect
to a worker, work of a substantially equal or higher skill level than the worker's past
adversely affected employment, and wages for such work at not less than eighty percent of the
worker's average weekly wage as determined for the purposes of the Trade Act of 1974.
288.070. 1. All claims shall be made in accordance with such regulations as the division may
prescribe; except that such regulations shall not require the filing of a claim for benefits
by the claimant in person for a week of unemployment occurring immediately prior to [his] the
claimant's reemployment, but claims in such cases may be made by mail, or otherwise if
authorized by regulation. Notice of each initial claim filed by an insured worker which
establishes the beginning of [his] such worker's benefit year shall be promptly mailed by the
division to each base period employer of such individual and to the last employing unit whose
name is furnished by the individual when [he] such individual files such claim. In similar
manner, a notice of each renewed claim filed by an insured worker during a benefit year after
a period in such year during which [he] the insured worker was employed shall be given to the
last employing unit whose name is furnished by the individual when [he] the individual files
such renewed claim or to any other base period or subsequent employer of the worker who has
requested such a notice. Any such base period employer or any employing unit, which employed
the claimant since the beginning of the base period, who within ten calendar days after the
mailing of notice of the initial claim or a renewed claim to [his or its] the employer or
employing unit's last known address files a written protest against the allowance of benefits,
and any employing unit from whom the claimant was separated during a week of continued claim
other than a week in which an initial or renewed claim is effective, shall be deemed an
interested party to any determination allowing benefits during the benefit year until such
time as the issue or issues raised by the protest are resolved by a determination or decision
which has become final.
2. A deputy shall promptly examine each initial claim and make a determination of the
claimant's status as an insured worker. Each such determination shall be based on a written
statement showing the amount of wages for insured work paid to the claimant by each employer
during [his] the claimant's base period and shall include a finding as to whether such wages
meet the requirements for [him] the claimant to be an insured worker, and, if so, the first
day of [his] the claimant's benefit year, [his] the claimant's weekly benefit amount, and the
maximum total amount of benefits which may be payable to [him] the claimant for weeks of
unemployment in [his] the claimant's benefit year. The deputy shall in respect to all claims
for benefits thereafter filed by such individual in [his] the claimant's benefit year make a
written determination as to whether and in what amount the claimant is entitled to benefits
for the week or weeks with respect to which the determination is made. Whenever claims involve
complex questions of law or fact, the deputy, with the approval of the director, may refer
such claims to the appeals tribunal, without making a determination, for a fair hearing and
decision as provided in section 288.190.
3. The deputy shall, in writing, promptly notify the claimant of [his] such deputy's
determination on an initial claim, including the reason therefor, and a copy of the written
statement as provided in subsection 2 of this section. The deputy shall promptly notify the
claimant and all other interested parties of [his] such deputy's determination on any claim
for benefits and shall give the reason therefor; except that, where a determination on a later
claim for benefits in a benefit year is the same as the determination on a preceding claim, no
additional notice shall be given. A determination shall be final, when unappealed, in respect
to any claim to which it applies except that an appeal from a determination on a claim for
benefits shall be considered as an appeal from all later claims to which the same
determination applies. The deputy may, however, not later than one year following the end of a
benefit year, for good cause, reconsider any determination on any claim and shall promptly
notify the claimant and other interested parties of [his] such deputy's redetermination and
the reasons therefor. Whenever the deputy shall have notified any interested employer of the
denial of benefits to a claimant for any week or weeks and shall thereafter allow benefits to
such claimant for a subsequent week or weeks, [he] the deputy shall notify such interested
employer of the beginning date of the allowance of benefits for such subsequent period.
4. Unless the claimant or any interested party within [fifteen] thirty calendar days after
notice of such determination is either delivered in person or mailed to the last known address
of such claimant or interested party files an appeal from such determination, it shall be
final. If, pursuant to a determination or redetermination, benefits are payable in any amount
or in respect to any week as to which there is no dispute, such amount of benefits shall be
promptly paid regardless of any appeal.
5. Benefits shall be paid promptly in accordance with a determination or redetermination
[under] pursuant to this section, or the decision of an appeals tribunal, the labor and
industrial relations commission of Missouri or a reviewing court upon the issuance of such
determination, redetermination or decision (regardless of the pendency of the period to apply
for reconsideration, file an appeal, or petition for judicial review as provided in this
section, or section 288.190, 288.200, or 288.210, as the case may be, or the pendency of any
such application, appeal, or petition) unless and until such determination, redetermination or
decision has been modified or reversed by a subsequent redetermination or decision, in which
event benefits shall be paid or denied for weeks of unemployment thereafter in accordance with
such modified or reversed redetermination or decision.
6. Benefits paid during the pendency of the period to apply for reconsideration, file an
appeal, or petition for judicial review or during the pendency of any such application,
appeal, or petition shall be considered as having been due and payable regardless of any
redetermination or decision unless the modifying or reversing redetermination or decision
establishes that the claimant willfully failed to disclose or falsified any fact which would
have disqualified [him] the claimant or rendered [him] the claimant ineligible for such
benefits as contemplated in subsection 9 of section 288.380.
7. Benefits paid during the pendency of the period to apply for reconsideration, file an
appeal, or petition for judicial review or during the pendency of any such application,
appeal, or petition which would not have been payable under a redetermination or decision
which becomes final shall not be chargeable to any employer. Beginning with benefits paid on
and after January 1, 1998, the provisions of this subsection shall not apply to employers who
have elected to make payments in lieu of contributions pursuant to subsection 3 of section
288.090.
8. The ten-day period mentioned in subsection 1 of this section and the [fifteen-day] thirty-
day period mentioned in subsection 4 of this section may, for good cause, be extended.
288.100. 1. (1) The division shall maintain a separate account for each employer which is
paying contributions, and shall credit [his] each employer's account with all contributions
which [he] each employer has paid. A separate account shall be maintained for each employer
making payments in lieu of contributions to which shall be credited all such payments made.
The account shall also show payments due as provided in section 288.090. The division may
close and cancel such separate account after a period of four consecutive calendar years
during which such employer has had no employment in this state subject to contributions.
Nothing in this law shall be construed to grant any employer or individuals in [his] the
employer's service prior claims or rights to the amounts paid by [him] the employer into the
fund either on [his] the employer's own behalf or on behalf of such individuals. Except as
provided in subdivision (4) of this subsection, regular benefits and that portion of extended
benefits not reimbursed by the federal government paid to an eligible individual shall be
charged against the accounts of [his] the individual's base period employers who are paying
contributions subject to the provisions of subdivision (4) of subsection 3 of section 288.090.
With respect to initial claims filed after December 31, 1984, for benefits paid to an
individual based on wages paid by one or more employers in the base period of the claim, the
amount chargeable to each employer shall be obtained by multiplying the benefits paid by a
ratio obtained by dividing the base period wages from such employer by the total wages
appearing in the base period. Except as provided in paragraph (a) of this subdivision, the
maximum amount of extended benefits paid to an individual and charged against the account of
any employer shall not exceed one-half of the product obtained by multiplying the benefits
paid by a ratio obtained by dividing the base period wages from such employer by the total
wages appearing in the base period.
(a) The provisions of subdivision (1) of this subsection notwithstanding, with respect to
weeks of unemployment beginning after December 31, 1978, the maximum amount of extended
benefits paid to an individual and charged against the account of an employer which is an
employer pursuant to subdivision (3) of subsection 1 of section 288.032 and which is paying
contributions pursuant to subsections 1 and 2 of section 288.090 shall not exceed the
calculated entitlement for the extended benefit claim based upon the wages appearing within
the base period of the extended benefit claim.
(2) Beginning as of June 30, 1951, and as of June thirtieth of each year thereafter, any
unassigned surplus in the unemployment compensation fund which is five hundred thousand
dollars or more in excess of five-tenths of one percent of the total taxable wages paid by all
employers for the preceding calendar year as shown on the division's records on such June
thirtieth shall be credited on a pro rata basis to all employer accounts having a credit
balance in the same ratio that the balance in each such account bears to the total of the
credit balances subject to use for rate calculation purposes for the following year in all
such accounts on the same date. As used in this subdivision, the term "unassigned surplus"
means the amount by which the total cash balance in the unemployment compensation fund exceeds
a sum equal to the total of all employer credit account balances. The amount thus prorated to
each separate employer's account shall for tax rating purposes be considered the same as
contributions paid by the employer and credited to [his] the employer's account for the period
preceding the calculation date except that no such amount can be credited against any
contributions due or that may thereafter become due from such employer.
(3) At the conclusion of each calendar quarter the division shall, within thirty days, notify
each employer by mail of the benefits paid to each claimant by week as determined by the
division which have been charged to [his] such employer's account subsequent to the last
notice.
(4) (a) No benefits based on wages paid for services performed prior to the date of any act
for which a claimant is disqualified [under] pursuant to section 288.050 shall be chargeable
to any employer directly involved in such disqualifying act.
(b) In the event the deputy has in due course determined [under] pursuant to paragraph (a) of
subdivision (1) of subsection 1 of section 288.050 that a claimant quit his work with an
employer for the purpose of accepting a more remunerative job with another employer which [he]
the claimant did accept and earn some wages therein, no benefits based on wages paid prior to
the date of the quit shall be chargeable to the employer the claimant quit.
(c) In the event the deputy has in due course determined [under] pursuant to paragraph (b) of
subdivision (1) of subsection 1 of section 288.050 that a claimant quit temporary work in
employment with an employer to return to [his] the claimant's regular employer, then, only for
the purpose of charging base period employers, all of the wages paid by the employer who
furnished the temporary employment shall be combined with the wages actually paid by the
regular employer as if all such wages had been actually paid by the regular employer. Further,
charges for benefits based on wages paid for part-time work shall be removed from the account
of the employer furnishing such part-time work if that employer continued to employ the
individual claiming such benefits on a regular recurring basis each week of [his] the
claimant's claim to at least the same extent that [he] the employer had previously employed
[him] the claimant and so informs the division within [fifteen] thirty days from the date of
notice of benefit charges.
(d) No charge shall be made against an employer's account in respect to benefits paid an
individual if the gross amount of wages paid by such employer to such individual is four
hundred dollars or less during the individual's base period on which [his] the individual's
benefit payments are based. Further, no charge shall be made against any employer's account in
respect to benefits paid any individual unless such individual was in employment with respect
to such employer longer than a probationary period of twenty-eight days, if such probationary
period of employment has been reported to the division as required by regulation.
(e) In the event the deputy has in due course determined pursuant to paragraph (c) of
subdivision (1) of subsection 1 of section 288.050 that a claimant is not disqualified, no
benefits based on wages paid for work prior to the date of the quit shall be chargeable to the
employer the claimant quit.
(f) Nothing in paragraphs (b), (c), [and] (d) or (e) of this subdivision shall in any way
affect the benefit amount, duration of benefits or the wage credits of the claimant.
2. The division may prescribe regulations for the establishment, maintenance, and dissolution
of joint accounts by two or more employers, and shall, in accordance with such regulations and
upon application by two or more employers to establish such an account, or to merge their
several individual accounts in a joint account, maintain such joint account as if it
constituted a single employer's account.
3. The division may by regulation provide for the compilation and publication of such data as
may be necessary to show the amounts of benefits not charged to any individual employer's
account classified by reason no such charge was made and to show the types and amounts of
transactions affecting the unemployment compensation fund.
288.110. [Any individual, type of organization or employing unit which has acquired
substantially all of the business of an employer, excepting in any such case any assets
retained by such employer incident to the liquidation of his obligations, and in respect to
which the division finds that immediately after such change such business of the predecessor
employer is continued without interruption solely by the successor, shall stand in the
position of such predecessor employer in all respects, including the predecessor's separate
account, actual contribution and benefit experience, annual payrolls, and liability for
current or delinquent contributions, interest and penalties. If two or more individuals,
organizations, or employing units acquired at approximately the same time substantially all of
the business of an employer (excepting in any such case any assets retained by such employer
incident to the liquidation of his obligations) and in respect to which the division finds
that immediately after such change all portions of such business of the predecessor are
continued without interruption solely by such successors, each such individual, organization,
or employing unit shall stand in the position of such predecessor with respect to the
proportionate share of the predecessor's separate account, actual contribution and benefit
experience and annual payroll as determined by the portion of the predecessor's taxable
payroll applicable to the portion of the business acquired, and each such individual,
organization or employing unit shall be liable for current or delinquent contributions,
interest and penalties of the predecessor in the same relative proportion. Further, any
successor under this section which was not an employer at the time the acquisition occurred,
shall pay contributions for the balance of the current rate year at the same contribution rate
as the contribution rate of the predecessor whether such rate is more or less than two and
seven-tenths percent, provided there was only one predecessor or there were only predecessors
with identical rates. If the predecessors' rates were not identical, the division shall
calculate a rate as of the date of acquisition applicable to the successor for the remainder
of the rate year, which rate shall be based on the combined experience of all predecessor
employers. In the event that any successor was, prior to an acquisition, an employer, and
there is a difference in the contribution rate established for such calendar year applicable
to any acquired or acquiring employer, the division shall make a recalculation as of the date
of acquisition of the contribution rate applicable to any successor employer based upon the
combined experience of all predecessor and successor employers, which revised contribution
rate shall apply to employment after the date of any such acquisition. For this purpose a
calculation date different from July first may be established. When the division has
determined that a successor or successors stand in the position of a predecessor employer, the
predecessor's liability shall be terminated as of the date of the acquisition.] 1. For
purposes of this chapter, a business is deemed as transferred if any asset or liability
activity of an employer is transferred in whole or in part by any means to another employer or
employing unit. The transfer provision is applicable to all employers or employing units and
shall include for profit, not for profit or governmental entities.
2. For the purposes of this chapter, if the business of any employer is transferred, the
transferee is deemed a successor if the division determines that at the time of the business
transfer, the predecessor and the successor businesses are owned or controlled, either
directly or indirectly, by substantially the same interest or interests by legally enforceable
means. Ownership of the business entity by the same interest or interests shall be considered
substantially the same if at least fifty percent or more of the business entity of the
successor is owned or controlled by individuals or entities who, immediately preceding the
change of ownership, owned or controlled at least fifty percent or more of the business entity
of the predecessor, and the successor has continued or resumes the business of the predecessor
in the same establishment which may or may not be at the same location. Without limitation by
reason of enumeration, it is presumed by the division, unless shown to the contrary, that the
meaning of "same interest or interests" includes a spouse, child, parent of the individual or
individuals who owned or controlled the business. The meaning of "same interest or interests"
shall include any combination of the relationships as previously outlined in this subsection.
3. Any successor pursuant to this section which was not an employer at the time the transfer
occurred shall pay contributions for the balance of the calendar year at the same contribution
rate as the predecessor provided there is only one predecessor or multiple predecessors with
identical rates. If there is more than one predecessor and the predecessors' rates are not
identical, the division shall calculate a contribution rate which shall be applicable to the
successor for the remainder of the contribution rate year. The calculated contribution rate
shall be based on the combined experience of all predecessor employers and shall be applicable
to the next calendar quarter within the same calendar year following the date of the transfer.
In the event that the successor is an employer prior to a transfer and there is a difference
in the contribution rate established for such calendar year applicable to any predecessor
employer, the division shall make a recalculation of the contribution rate applicable to the
successor employer based upon the combined experience of all predecessor and successor
employers, as of the beginning of the next calendar quarter within the same calendar year
following the date of transfer.
4. When the division determines that a successor stands in the position of a predecessor
employer, the successor shall take over and continue the predecessor's account, including
positive and negative balances and all other aspects of the account pursuant to this chapter.
The predecessor and the successor shall be jointly and severally liable for any amounts owed
by the predecessor to the division.
5. If only a portion of any asset or liability activity of the predecessor is transferred, the
successor shall stand in the position of the predecessor and shall receive a proportionate
share of the predecessor's separate account, actual contribution and benefit experience and
annual payroll as determined by the portion of the predecessor's taxable payroll applicable to
the portion of the asset or liability or activity acquired. The predecessor shall remain fully
liable for its current or delinquent contributions or both, payments in lieu of contributions,
interest and penalties. The successor shall also be jointly and severally liable with the
predecessor for a proportionate share of the predecessor's current or delinquent contributions
or both, payments in lieu of contributions, interest and penalties of the predecessor in the
same proportionate share as provided for in this section.
6. The provisions of this section shall become effective on January 1, 1997.
288.113. Each employer's rate for the twelve months commencing January first of any calendar
year shall be determined on the basis of [his] the employer's record through the preceding
June thirtieth. In the event the division has been unable to calculate the rate, or the
calculation of such rate by the division has not yet become final, in time to advise such
employer of such rate a reasonable time before the date any contribution payment may be due,
the rate in effect for the preceding calendar year shall be paid by each employer and an
adjustment of any overpayment shall be permitted or additional payment demanded in the event
of an underpayment, in connection with any different rate established for such calendar year,
but no interest shall accrue on any such underpayment until the expiration of [fifteen] thirty
days from the mailing of such demand.
[288.114. Effective September 30, 1995, any person who is defined as an employer or employing
unit pursuant to this chapter and chapter 287, RSMo, but whose employees are not eligible for
benefits under either or both chapters shall not be required to pay any taxes otherwise
imposed under those chapters to the extent that the person's employees are not eligible for
benefits.]
288.130. 1. Each employing unit shall keep true and accurate payroll and other related
records, containing such information as the division may by regulation prescribe for a period
of at least [five] three calendar years after the record was made. Such records shall be open
to inspection and be subject to being copied by authorized representatives of the division at
any reasonable time and as often as may be necessary. Any authorized person engaged in
administering this law may require from any employing unit any sworn or unsworn reports, with
respect to individuals performing services for it, which are deemed necessary for the
effective administration of this law.
2. Each employer shall post and maintain in places readily accessible to [his] the employer's
workers printed statements concerning benefit rights, claims for benefits and such other
matters related to the administration of this law as the division may by regulation prescribe.
Each employer shall supply to workers copies of any printed statements relating to claims for
benefits when and as the division may by regulation prescribe. Such printed statements and
other materials shall be supplied by the division without cost.
3. A deputy shall make an ex parte determination after investigation but without hearing with
respect to any matter pertaining to the liability of an employing unit which does not involve
a claimant. The deputy shall promptly notify any interested employing units of each such
determination and the reason for it. The division shall grant a hearing before an appeals
tribunal to any employing unit appealing from any such ex parte determination provided an
appeal is filed in writing within [fifteen] thirty days following the date of notification or
the mailing of such determination to the party's last known address. In the absence of an
appeal any such determination shall become final at the expiration of a [fifteen-day] thirty-
day period. The deputy may, however, at any time within a year from the date of [his] the
deputy's determination, for good cause, reconsider the determination and shall promptly notify
all interested employing units of [his] the amended determination and the reason for it.
4. The [fifteen-day] thirty-day period provided in subsection 3 of this section may, for good
cause, be extended.
288.140. If not later than [four] three years after the date on which any contributions would
have been required to be paid if due, an employing unit who has paid such contributions or
interest thereon shall make application for an adjustment thereof in connection with
subsequent contribution payments, or for a refund thereof because such adjustment is not
practicable, and if the division shall determine that such contributions or interest or any
portion thereof was erroneously collected, the division shall make an adjustment thereof,
without interest, in connection with subsequent contribution payments, or if such adjustment
is not practicable, the division shall refund such payment, without interest, from the fund.
The division may, in its discretion, at any time and under such conditions and limitations as
it may deem proper, make an adjustment or refund of contributions or interest paid thereon
which the division finds has been erroneously collected, or any part thereof, if it finds
there is good cause why such adjustment or refund should be made. The division shall not be
required to refund any contributions based upon wages payable or paid which have been included
in a determination of a claimant's benefit rights and which determination has become final.
288.160. 1. If any employer neglects or refuses to make a report and payment of contributions
as required by this law the division shall make an estimate based on any information in its
possession or that may come into its possession of the amount of wages paid by such employer
for the period in respect to which [he] the employer failed to make report and payment, and
upon the basis of said estimated amount compute and assess the contributions and interest
payable by such employer, adding to such sum a penalty equal to ten percent thereof. Promptly
thereafter, the division shall give to such employer written notice of such estimated
contributions, interest and penalties as so assessed, the notice to be served personally or by
registered mail, directed to the last known principal place of business of such employer in
this state or in any state in the event [he] the employer has none in this state.
2. In any case in which any contributions, interest or penalties imposed by this law are not
paid when due, it shall be the duty of the division, when the amount of contributions,
interest or penalties is determined, either by the report of the employer or by such
investigation as the division may make, to assess the contributions, interest and penalties so
determined against such employer and to certify the amount of said contributions, interest and
penalties and give such employer written notice, served personally or by registered mail,
directed to the last known address of such employer in this state or in any state, in the
event [he] the employer has none in this state.
3. If fraud or evasion on the part of any employer is discovered by the division, the division
shall determine the amount by which the state has been defrauded, shall add to the amount so
determined a penalty equal to twenty-five percent thereof, and shall assess the same against
the employer. The amount so assessed shall be immediately due and payable; provided, however,
that the division shall promptly thereafter give to said employer written notice of such
assessment.
4. Any employer against whom an assessment is made [under] pursuant to the provisions of
subsections 1, 2 and 3 above may petition for reassessment. The petition for such reassessment
shall be filed with the division during the thirty-day period following the day of service or
mailing of the notice of such assessment. In the absence of the filing of such a petition for
reassessment the assessment shall become final upon the expiration of such a thirty-day
period. Each such petition for reassessment shall set forth specifically and in detail the
grounds upon which it is claimed the assessment is erroneous.
5. (1) In any case in which any contributions, interest or penalties imposed by law are not
paid when due, the notice of the assessment of such contributions, interest and penalties
shall be served upon or mailed to the employer within [five] three years of the date upon
which the payment of the contributions was due except that in any case of fraud or
misrepresentation on the part of the employer, the notice of the assessment of the
contributions, interest and penalties may be served upon or mailed to the employer at any
time.
(2) The giving of the notice of the making of the assessment shall toll any statute of
limitations on the collection of any contributions, interest and penalties assessed.
(3) In the event any employer is entitled to the advantage of the soldiers' and sailors' civil
relief act of 1940, or any amendment thereto, prior to the date any assessment becomes final,
such employer shall be permitted to file a petition for reassessment at any time within ninety
days following such employer's discharge from the armed services.
(4) The certificate of assessment which, [under] pursuant to the provisions of section
288.170, may be filed with the clerk of the circuit court shall, upon such filing, thereafter
be treated in all respects as a final judgment of the circuit court against the employer and
the general statute of limitations applying to other judgments of courts of record shall
apply.
288.190. 1. The director shall designate an impartial referee or referees to hear and decide
disputed determinations, claims referred pursuant to subsection 2 of section 288.070, and
petitions for reassessment. No employee of the division shall participate on behalf of the
division in any case in which [he] the division employee is an interested party.
2. The manner in which disputed determinations, referred claims, and petitions for
reassessment shall be presented and the conduct of hearings shall be in accordance with
regulations prescribed by the division for determining the rights of the parties, whether or
not such regulations conform to common law or statutory rules of evidence and other technical
rules of procedure. When the same or substantially similar evidence is relevant and material
to the matters in issue in claims by more than one individual or in claims by a single
individual in respect to two or more weeks of unemployment, the same time and place for
considering each such claim or claims may be fixed, hearings thereon jointly conducted, a
single record of the proceedings made, and evidence introduced with respect to one proceeding
considered as introduced in the others, if in the judgment of the appeals tribunal or the
commission having jurisdiction of the proceeding such consolidation would not be prejudicial
to any party. A full and complete record shall be kept of all proceedings in connection with a
disputed determination, referred claim, or petition for reassessment. The appeals tribunal
shall include in the record and consider as evidence all records of the division that are
material to the issues. All testimony at any hearing shall be recorded but need not be
transcribed unless the matter is further appealed.
3. Unless an appeal on a disputed determination or referred claim is withdrawn, an appeals
tribunal, after affording the parties reasonable opportunity for fair hearing, shall affirm,
modify, or reverse the determination of the deputy, or shall remand the matter to the deputy
with directions. In addition, in any case wherein the appellant, after having been duly
notified of the date, time, and place of the hearing, shall fail to appear at such hearing,
the appeals tribunal may enter an order dismissing the appeal. The director may transfer to
another appeals tribunal the proceedings on an appeal determination before an appeals
tribunal. The parties shall be duly notified of an appeals tribunal's decision or order,
together with its reason therefor, which shall be deemed to be the final decision or order of
the division unless, within [fifteen] thirty days after the date of notification or mailing of
such decision, further appeal is initiated pursuant to section 288.200; except that, within
[fifteen] thirty days of either notification or mailing of the appeals tribunal's decision or
order, the appeals tribunal, on its own motion, may reconsider any decision or order when it
appears that such reconsideration is essential to the accomplishment of the object and purpose
of this law.
4. Unless a petition for reassessment is withdrawn or is allowed without a hearing, the
petitioners shall be given a reasonable opportunity for a fair hearing before an appeals
tribunal upon each such petition. The appeals tribunal shall promptly notify the interested
parties of its decision upon such petition together with its reason therefor. In addition, in
any case wherein the appellant, after having been duly notified of the date, time, and place
of the hearing, shall fail to appear at such hearing, the appeals tribunal may enter an order
dismissing the appeal. In the absence of the filing of an application for review of such
decision, the decision, whether it results in a reassessment or otherwise, shall become final
[fifteen] thirty days after the date of notification or mailing thereof; except that, within
[fifteen] thirty days of either notification or mailing of the appeals tribunal's decision or
order, the appeals tribunal, on its own motion, may reconsider any decision or order when it
appears that such reconsideration is essential to the accomplishment of the object and
purposes of this law.
288.200. 1. Any of the parties (including the division) to any decision of an appeals
tribunal, may file with the commission within [fifteen] thirty days following the date of
notification or mailing of such decision, an application to have such decision reviewed by the
commission. The commission may allow or deny an application for review. If an application is
allowed, the commission may affirm, modify, reverse, or set aside the decision of the appeals
tribunal on the basis of the evidence previously submitted in such case or may take additional
evidence or may remand the matter to the appeals tribunal with directions. Any additional
hearing shall be conducted in accordance with the requirements of subsection 2 of section
288.190. The commission shall promptly notify the parties of its decision and its reasons
therefor. If an application for review is denied, the decision of the appeals tribunal shall
be deemed to be the decision of the commission for the purpose of judicial review and shall be
subject to judicial review within the time and in the manner provided for with respect to
decisions of the commission except that the time limitations shall run from the date of notice
of the order of the commission denying the application for review.
2. Any decision of the commission shall become final ten days after the date of notification
or mailing thereof to the parties. Any right, fact or matter in issue, directly based upon or
necessarily involved in a determination or redetermination which has become final or in a
decision on appeal which has become final, shall be conclusive with respect to the parties who
had notice of such determination, redetermination, or decision for all the purposes of the
employment security law in any other proceeding; except that, the commission may on its own
motion and by a written decision reconsider any determination or redetermination or decision
wherein any such right, fact or matter at issue was determined or necessarily involved when it
appears that such reconsideration is essential to accomplish the object and purposes of the
law. Judicial review of any decision of the commission shall be permitted only after the party
claiming to be aggrieved thereby has exhausted the administrative remedies as provided by this
law and the rules and regulations of the division.".
ADJOURNMENT
On motion of Representative Backer, the House adjourned until 10:00 a.m.,
Wednesday, April 24, 1996.
CORRECTIONS TO THE HOUSE JOURNAL
Correct House Journal, Fifty-Ninth Day, Thursday, April 18, 1996, pages 12 and
13, roll call, by showing Representative Enz voting "no" rather than "absent
with leave".
Correct House Journal, Sixtieth Day, Monday, April 22, 1996, pages 3 and 4,
roll call, by showing Representative Hosmer voting "aye" rather than "absent
with leave".
Pages 6 and 7, roll call, by showing Representatives Reynolds and Stokan
voting "aye" rather than "absent with leave".
COMMITTEE MEETINGS
BUDGET
Wednesday, April 24, 1996. Hearing Room 9 upon morning adjournment. Executive
Session.
To be considered - HB 1237
COMMERCE
Thursday, April 25, 1996, 9:00 am. Hearing Rooms 1 and 2. Executive session to
follow.
To be considered - SB 723
CORRECTIONAL & STATE INSTITUTIONS
Wednesday, April 24, 1996, 1:00 pm. Hearing Room 7. Executive Session.
To be considered - SCR 25
ENERGY AND ENVIRONMENT
Thursday, April 25, 1996, 8:00 am. Hearing Room 8. Executive session may
follow.
To be considered - SB 538
INSURANCE
Thursday, April 25, 1996, 9:30 am. Side gallery. Executive Session.
To be considered - SB 759
RETIREMENT
Wednesday, April 24, 1996. Side gallery upon noon adjournment.
To be considered - Executive Session - HJR 64
TRAVEL COMMITTEE
Thursday, April 25, 1996, 8:30 am. Hearing Room 5.
HOUSE CALENDAR
SIXTY-SECOND DAY, WEDNESDAY, APRIL 24, 1996
HOUSE BILLS FOR PERFECTION
1 HCS HB 1149, 1150 & 1240 - Jacob
2 HCS HB 987, 1155, 1158 & 1219, as amended - Jacob
3 HCS HB 1403 - Dougherty
4 HB 1247 - Shelton (57)
5 HCS HB 1588 - Overschmidt
6 HB 944, HCA 1 - Smith
7 HB 1154 - Murray (69)
8 HCS HB 1540 - Green
9 HB 993 - Williams (121)
10 HB 854 - Bland
11 HB 1312 - Tate
12 HCS HB 843 - Daniels (41)
13 HB 1133 - Witt
14 HB 855 - Bland
15 HCS HB 830 & 1082 - Carter
16 HB 1228, HCA 1 - Harlan
17 HB 1279 - Tate
18 HCS HB 1398, 1339, 1488 & 1114 - Hagan-Harrell
19 HCS HB 829 & 1254 - May (108)
20 HB 1414, HCA 1 - Smith
21 HCS HB 960 - Rizzo
22 HB 1436, HCA 1 - Dougherty
23 HB 1399, HCA 1 - Leake
24 HCS HB 1112 - Koller
25 HCS HB 1204 - Wiggins
26 HB 816, HCA 1 - Backer
27 HCS HB 961 - Boucher
28 HB 1535 - Kissell
29 HCS HB 1132, 1049, 779, 1051 & 1544 - Heckemeyer
30 HCS HB 1429 - Liese
31 HCS HB 1143 - Witt
32 HB 856, HCA 1 - Bland
33 HB 1310 - Tate
34 HCS HB 1175, 1120 & 797 - Gratz
35 HCS HB 912 & 1108 - Treadway
36 HB 1579, HCA 1 - Skaggs
37 HB 1562 - Witt
38 HCS HB 1374 - Scheve
39 HB 801, HCA 1 - Schilling
40 HB 1443, HCA 1, HCA 2 - Prost
41 HB 1289 - Liese
42 HCS HB 1278 & 1277 - May (108)
43 HB 1590, HCA 1 - Harlan
44 HB 1145 - Shear (83)
45 HCS HB 1115 - Montgomery
46 HCS HB 1206 & 1484 - Hosmer
47 HB 1575 - Loudon
48 HB 1180 - Williams (159)
49 HB 1080, HCA 1 - Troupe
50 HCS HB 1430 & 1165 - Hosmer
51 HCS HB 1000 - Treadway
52 HCS HB 840 & 841 - Luetkenhaus
53 HB 833, HCA 1 - Dougherty
54 HCS HB 1465 - Hoppe
55 HB 1245 - Farmer
56 HCS HB 867, 893 & 1401 - Morgan
57 HCS HB 1103 - Smith
HOUSE BILLS FOR PERFECTION - INFORMAL
HB 1402 - Williams (121)
HCS HB 1172 - Jacob
HB 1243, HCA 1 - Farmer
HB 962, as amended - Lumpe
HB 1156 - Scheve
HCS HB 1363 - Mays (50)
HCS HB 894 - Bray
HOUSE BILLS FOR THIRD READING
HS HCS HB 1237, (Budget Fiscal 4-17-96) - Rizzo
HS#2 HCS HB 1186, (Budget Fiscal 4-22-96) - Hoppe
HCS HB 1557 & 1489, E.C. - Days
HOUSE BILL FOR THIRD READING - INFORMAL
HB 782 - Stokan
SENATE BILL FOR SECOND READING
SS#2 SCS SB 838
SENATE BILL FOR THIRD READING - INFORMAL
SB 803 - Witt
BILLS IN CONFERENCE
1 SCS HCS HB 1002, as amended - Franklin
2 SCS HCS HB 1003, as amended - Franklin
3 SCS HCS HB 1004 - Green
4 SCS HCS HB 1005, as amended - Green
5 SCS HCS HB 1006, as amended - Tate
6 SCS HCS HB 1007 - Tate
7 SCS HCS HB 1008 - Franklin
8 SCS HCS HB 1009, as amended - Troupe
9 SCS HCS HB 1010, as amended - Carter
10 SCS HCS HB 1011 - Troupe
11 SCS HCS HB 1012 - Green
12 CCR#2 HCS SS SB 687, as amended - Lumpe
13 HCS SCS SB 657 - Legan
14 HCS SB 676 - Smith
HOUSE CONCURRENT RESOLUTION
HCR 5, (3-28-96 pgs. 12 & 13) - Thompson (37)
HOUSE RESOLUTIONS
HR 305, (2-29-96, p. 16) - Sombart
HR 353, (2-29-96, pgs. 16 & 17) - Vogel
HR 332, (2-29-96, pgs. 15 & 16) - Gratz & Vogel
HR 557, (4-17-96, pg. 9) - Kreider
HR 600, (4-17-96, pg. 9) - Bland
HR 727, (4-17-96, pgs. 9 & 10) - Lakin
HR 774, (4-17-96, pg. 10) - Luetkenhaus
HR 782, (4-17-96, pg. 11) - Farnen
HOUSE BILLS TAKEN FROM COMMITTEE PER CONSTITUTION
HB 1463 - Shields
HB 1454 - Hall
HB 1455 - Hall
SENATE BILL TAKEN FROM COMMITTEE PER CONSTITUTION
SB 727 - Witt