jrn063_54.ps

 

Journal of the House


First Regular Session, 93rd General Assembly




SIXTY-THIRD DAY, Tuesday, April 26, 2005

The House met pursuant to adjournment.


            Speaker Pro Tem Bearden in the Chair.


            Prayer by Father James Smith.


Pied Beauty

By: Rev. Gerard Manley Hopkins, S. J.


Glory be to God for dappled things----

For skies of couple-color as a brinded cow;

For rose-moles all in stipple upon trout that swim;

Fresh-firecoal chestnut-falls; finches’ wings’

Landscape plotted and pieced – fold, fallow, and plough;

And all trades, their gear and tackle and trim.


All things counter, original, spare, strange;

Whatever is fickle, freckled (who knows how?)

With swift, slow; sweet, sour; adazzle, dim;

He fathers-forth whose beauty is past change:

Praise Him.


              Father in Heaven, all of Your creation does praise You in the beauty and dignity that You have given it. Help us to see Your glory in Your creation, and guide our actions in praise of Your sovereignty. We pray to You who reigns as God of life and death forever and ever. 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: Nathen Gober, Owen Gober, Emma Gober, Peter Fehner, Emily Ross, James Schneider, Andrew Thompson, Brandon Uebele, Kaitlin Long, Adam Reeves, Joe Griffith, Trevor Burge, Nicolaas Bradbaart, Eleanor Rose Clark, Michael Barbercheck, Kariann Lee Kloss, Elliot James Bulejski, Kimberly Mae Kloss, Carly Nicole Cressler, Paige Madison Krejci, Andrea Keltz, Luke Beattie, Conor O'Neal, Rachel Rost, Janssen Blackmon and Dorjai West.


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


SPECIAL RECOGNITION


            Jonathan and Phillip Arnold of Gallatin were introduced by Representative Whorton and recognized as Outstanding Missourians.


***** Insert Document name: res *******

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 2509 - Representative Corcoran

            House Resolution No. 2510 - Representative LeVota

            House Resolution No. 2511 - Representative Wasson

            House Resolution No. 2512 - Representative Cunningham (145)

            House Resolution No. 2513 - Representative Jetton

            House Resolution No. 2514 - Representative Moore

            House Resolution No. 2515 - Representative Goodman

            House Resolution No. 2516 - Representative Lampe

            House Resolution No. 2517 - Representative Schlottach

            House Resolution No. 2518 - Representative Dethrow

            House Resolution No. 2519

                        through

            House Resolution No. 2532 - Representative Robb


SECOND READING OF HOUSE BILL - APPROPRIATIONS


            HB 15 was read the second time.

 

SECOND READING OF SENATE BILL


            SS SB 402 was read the second time.


THIRD READING OF SENATE BILLS


            HCS SB 21, relating to the Putative Father Registry Fund, was taken up by Representative Stevenson.


            Representative Fraser offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for Senate Bill No. 21, Page 3, Section 453.020, Line 13, by inserting after all of said line the following:


              "453.121. 1. As used in this section, unless the context clearly indicates otherwise, the following terms mean:

              (1) "Adopted adult", any adopted person who is [twenty-one] eighteen years of age or over;

              (2) "Adopted child", any adopted person who is less than [twenty-one] eighteen years of age;

              (3) "Adult sibling", any brother or sister of the whole or half blood who is [twenty-one] eighteen years of age or over;

              (4) "Identifying information", information which includes the name, date of birth, place of birth and last known address of the biological parent;

              (5) "Nonidentifying information", information concerning the physical description, nationality, religious background and medical history of the biological parent or sibling.

              2. All papers, records, and information pertaining to an adoption whether part of any permanent record or file may be disclosed only in accordance with this section.

              3. Nonidentifying information, if known, concerning undisclosed biological parents or siblings shall be furnished by the child-placing agency or the juvenile court to the adoptive parents, legal guardians or adopted adult upon written request therefor.

              4. An adopted adult may make a written request to the circuit court having original jurisdiction of such adoption to secure and disclose information identifying the adopted adult's biological parents. If the biological parents have consented to the release of identifying information under subsection 11 of this section, the court shall disclose such identifying information to the adopted adult. If the biological parents have not consented to the release of identifying information under subsection 11 of this section, the court shall, within ten days of receipt of the request, notify in writing the adoptive parents of such petitioner and the child-placing agency or juvenile court personnel having access to the information requested of the request by the adopted adult.

              5. Within three months after receiving notice of the request of the adopted adult, the child-placing agency or juvenile court personnel shall notify the adoptive parents, if such adoptive parents are living and shall not make any attempt to notify the biological parents without prior written consent of such adoptive parents for adoptions instituted or completed prior to August 13, 1986, but may proceed if there is proof that the adoptive parents are deceased or incapacitated, as such term is defined in chapter 475, RSMo. If the adoptive parents are living but are unwilling to give such written consent, the child-placing agency or the juvenile court personnel shall make a written report to the court stating that they were unable to notify the biological parent. If the adoptive parents are deceased or give written consent, the child-placing agency or the juvenile court personnel shall make reasonable efforts to notify the biological parents of the request of the adopted adult. The child-placing agency or juvenile court personnel may charge actual costs to the adopted adult for the cost of making such search. All communications under this subsection are confidential. For purposes of this subsection, "notify" means a personal and confidential contact with the biological parent of the adopted adult, which initial contact shall not be made by mail and shall be made by an employee of the child-placing agency which processed the adoption, juvenile court personnel or some other licensed child-placing agency designated by the child-placing agency or juvenile court. Nothing in this section shall be construed to permit the disclosure of communications privileged pursuant to section 491.060, RSMo. At the end of three months, the child-placing agency or juvenile court personnel shall file a report with the court stating that each biological parent that was located was given the following information:

              (1) The nature of the identifying information to which the agency has access;

              (2) The nature of any nonidentifying information requested;

              (3) The date of the request of the adopted adult;

              (4) The right of the biological parent to file an affidavit with the court stating that the identifying information should be disclosed;

              (5) The effect of a failure of the biological parent to file an affidavit stating that the identifying information should be disclosed.

              6. If the child-placing agency or juvenile court personnel reports to the court that it has been unable to notify the biological parent within three months, the identifying information shall not be disclosed to the adopted adult. Additional requests for the same or substantially the same information may not be made to the court within one year from the end of the three-month period during which the attempted notification was made, unless good cause is shown and leave of court is granted.

              7. If, within three months, the child-placing agency or juvenile court personnel reports to the court that it has notified the biological parent pursuant to subsection 5 of this section, the court shall receive the identifying information from the child-placing agency. If an affidavit duly executed by a biological parent authorizing the release of information is filed with the court, the court shall disclose the identifying information as to that biological parent to the adopted adult, provided that the other biological parent either:

              (1) Is unknown;

              (2) Is known but cannot be found and notified pursuant to section 5 of this act;

              (3) Is deceased; or

              (4) Has filed with the court an affidavit authorizing release of identifying information. If the biological parent fails or refuses to file an affidavit with the court authorizing the release of identifying information, then the identifying information shall not be released to the adopted adult. No additional request for the same or substantially the same information may be made within three years of the time the biological parent fails or refuses to file an affidavit authorizing the release of identifying information.

              8. If the biological parent is deceased but previously had filed an affidavit with the court stating that identifying information shall be disclosed, the information shall be forwarded to and released by the court to the adopted adult. If the biological parent is deceased and, at any time prior to his death, the biological parent did not file an affidavit with the court stating that the identifying information shall be disclosed, the adopted adult may petition the court for an order releasing the identifying information. The court shall grant the petition upon a finding that disclosure of the information is necessary for health-related purposes.

              9. Any adopted adult whose adoption was finalized in this state or whose biological parents had their parental rights terminated in this state may request the court to secure and disclose identifying information concerning an adult sibling and upon a finding by the court that such information is necessary for urgent health-related purposes in the same manner as provided in this section. Identifying information pertaining exclusively to the adult sibling, whether part of the permanent record of a file in the court or in an agency, shall be released only upon consent of that adult sibling.

              10. The central office of the children's division [of family services of] within the department of social services shall maintain a registry by which biological parents, adult siblings, and adoptive adults may indicate their desire to be contacted by each other. The division may request such identification for the registry as a party may possess to assure positive identifications. [If] At the time of registry, a biological parent or adult sibling may consent in writing to the release of identifying information to an adopted adult. If such a consent has not been executed and the division believes that a match has occurred on the registry between [both] biological parents or adult siblings and an adopted adult, an employee of the division shall make the confidential contact provided in subsection 5 of this section with the biological parents or adult siblings and with the adopted adult. If the division believes that a match has occurred on the registry between one biological parent or adult sibling and an adopted adult, an employee of the division shall make the confidential contact provided by subsection 5 of this section with the biological parent or adult sibling. The division shall then attempt to make such confidential contact with the other biological parent, and shall proceed thereafter to make such confidential contact with the adopted adult only if the division determines that the other biological parent meets one of the conditions specified in subsection 7 of this section. The biological parent, adult sibling, or adopted adult may refuse to go forward with any further contact between the parties when contacted by the division.

              11. The provisions of this section, except as provided in subsection 5 of this section governing the release of identifying and nonidentifying adoptive information apply to adoptions completed before and after August 13, 1986."; and


              Further amend said title, enacting clause and intersectional references accordingly.


            On motion of Representative Fraser, House Amendment No. 1 was adopted by the following vote:


AYES: 124

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Black

Bland

Bowman

Boykins

Bringer

Brooks

Brown 30

Brown 50

Bruns

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Deeken

Dempsey

Donnelly

Dougherty

Dusenberg

Emery

Faith

Fares

Flook

Fraser

George

Goodman

Guest

Harris 23

Harris 110

Haywood

Henke

Hoskins

Hughes

Icet

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

McGhee

Meadows

Meiners

Muschany

Nance

Nieves

Nolte

Oxford

Page

Pearce

Phillips

Portwood

Pratt

Quinn

Rector

Richard

Robb

Robinson

Roorda

Rucker

Rupp

Salva

Sander

Sater

Schaaf

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 118

Spreng

Stefanick

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Weter

Whorton

Wildberger

Witte

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 029

 

 

 

 

 

 

 

 

 

Behnen

Chinn

Davis

Day

Denison

Dethrow

Dixon

Ervin

Fisher

Franz

Hobbs

Hunter

Jackson

Kelly

Kingery

May

Moore

Munzlinger

Myers

Pollock

Roark

Ruestman

Stevenson

Viebrock

Wells

Wilson 119

Wilson 130

Wood

Wright 137

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

 

Bean

Byrd

El-Amin

Hubbard

Marsh

Parker

Parson

Schad

Wasson

 

 

 

 

 

 

VACANCIES: 001


            Representative Jolly offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for Senate Bill No. 21, Page 1, Section A, Line 2, by inserting after all of said line the following:


              "191.975. 1. This section shall be known and may be cited as the "Adoption Awareness Law".

              2. To raise public awareness and to educate the public, the department of social services, with the assistance of the department of health and senior services, shall be responsible for:

              (1) Collecting and distributing resource materials to educate the public about foster care and adoption;

              (2) Developing and distributing educational materials, including but not limited to videos, brochures and other media as part of a comprehensive public relations campaign about the positive option of adoption and foster care. The materials shall include, but not be limited to, information about:

              (a) The benefits of adoption and foster care;

              (b) Adoption and foster care procedures;

              (c) Means of financing the cost of adoption and foster care, including but not limited to adoption subsidies, foster care payments and special needs adoption tax credits;

              (d) Options for birth parents in choosing adoptive parents;

              (e) Protection for and rights of birth parents and adoptive parents prior to and following the adoption;

              (f) Location of adoption and foster care agencies;

              (g) Information regarding various state health and social service programs for pregnant women and children, including but not limited to medical assistance programs and temporary assistance for needy families (TANF); and

              (h) Referrals to appropriate counseling services, including but not be limited to counseling services for parents who are considering retaining custody of their children, placing their children for adoption, or becoming foster or adoptive parents; but excluding any referrals for abortion or to abortion facilities;

              (3) Making such educational materials available through state and local public health clinics, public hospitals, family planning clinics, abortion facilities as defined in section 188.015, RSMo, maternity homes as defined in section 135.600, RSMo, child-placing agencies licensed pursuant to sections 210.481 to 210.536, RSMo, attorneys whose practice involves private adoptions, in vitro fertilization clinics and private physicians for distribution to their patients who request such educational materials. Such materials shall also be available to the public through the department of social services' Internet web site; [and]

              (4) Establishing a toll-free telephone number for information on adoption and foster care, and to answer questions and assist persons inquiring about becoming adoptive or foster parents.

              3. In addition, the department may establish and implement an ongoing advertising campaign for the recruitment of adoptive and foster care families, with a special emphasis on the recruitment of qualified adoptive and foster care families for special needs children. Such advertising campaign may utilize, but shall not be limited to, the following media: television, radio, outdoor advertising, newspaper, magazines and other print media, web sites, and the Internet. The department may contract with professional advertising agencies or other professional entities to conduct such advertising campaign on behalf of the department.

              [3.] 4. The provisions of this section shall be subject to appropriations.

              [4.] 5. The department of social services shall promulgate rules for the implementation of this section in accordance with chapter 536, RSMo."; and


              Further amend said title, enacting clause and intersectional references accordingly.


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


AYES: 144

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bringer

Brown 30

Brown 50

Bruns

Burnett

Byrd

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 23

Harris 110

Henke

Hobbs

Hunter

Icet

Jackson

Johnson 47

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Oxford

Page

Parker

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 118

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 013

 

 

 

 

 

 

 

 

 

Bowman

Boykins

Chappelle-Nadal

Dougherty

El-Amin

Haywood

Hoskins

Hughes

Johnson 61

May

Myers

Rucker

Wright-Jones

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Brooks

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 004

 

 

 

 

 

 

Bean

Hubbard

Marsh

Parson

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Stevenson, HCS SB 21, as amended, was adopted.


            On motion of Representative Stevenson, HCS SB 21, as amended, was read the third time and passed by the following vote:

***** Insert Document name: rc063.003 *******

AYES: 157

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bowman

Boykins

Bringer

Brooks

Brown 30

Brown 50

Bruns

Burnett

Byrd

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 23

Harris 110

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 118

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 005

 

 

 

 

 

 

Bean

Deeken

Marsh

Parson

Rupp

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            HCS SCS#2 SB 155, relating to child abuse and neglect reports, was taken up by Representative Kingery.


            Representative Johnson (90) offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for Senate Committee Substitute No. 2 for Senate Bill No. 155, Page 1, Section A, Line 2, by inserting after said language the following:


              “210.117. 1. No child taken into the custody of the state shall be reunited with a parent or placed in a home in which the parent or any person residing in the home has been found guilty of, or pled guilty to, a felony violation of chapter 566, RSMo, except for section 566.034, RSMo, when a child was the victim, or a violation of section 568.020, 568.045, 568.060, 568.065, 568.070, 568.080, 568.090, or 568.175, RSMo, except for subdivision (1) of subsection 1 of section 568.060, RSMo, when a child was the victim, or an offense committed in another state when a child is the victim, that would be a felony violation of chapter 566, RSMo, except for section 566.034, RSMo, or a violation of section 568.020, 568.045, 568.060, 568.065, 568.070, 568.080, 568.090, or 568.175, RSMo, except for subdivision (1) of subsection 1 of section 568.060, RSMo, if committed in Missouri; provided however, nothing in this section shall preclude the division from exercising its discretion regarding the placement of a child in a home in which the parent or any person residing in the home has been found guilty of or pled guilty or nolo contendere to any offense excepted or excluded in this section.

              2. If a court of competent jurisdiction determines or the division determines, based on a substantiated report of child abuse that is upheld by the child abuse and neglect review board that a minor has abused another child, such minor shall be prohibited from returning to or residing in any residence located within one thousand feet of the residence of the abused child, or any child care facility or school that the abused child attends until the abused child reaches eighteen years of age. The prohibitions of this subsection shall not apply where the alleged abuse occurred between siblings.”; and


              Further amend House Committee Substitute for Senate Committee Substitute No. 2 for Senate Bill No. 155, Page 3, Section 210.152, Line 63, by inserting after said language the following:


              “210.710. 1. In the case of a child who has been committed to the care of an authorized agency by a parent, guardian or relative and where such child has remained in the care of one or more authorized agencies for a continuous period of six months, the agency shall petition the juvenile court in the county where the child is present to review the status of the child. A written report on the status of the child shall be presented to the court. The court shall then review the status of the child and may hold a dispositional hearing thereon. The purpose of the dispositional hearing shall be to determine whether or not the child should be continued in foster care or whether the child should be returned to a parent, guardian or relative, or whether or not proceedings should be instituted to terminate parental right and legally free such child for adoption.

              2. If the child is in the care of an authorized agency based on an allegation that the child has abused another child and the court determines that such abuse occurred, the court shall not return the child to or permit the child to reside in any residence located within one thousand feet of the residence of the abused child, or any child care facility or school that the abused child attends until the abused child reaches eighteen years of age. The prohibitions of this subsection shall not apply where the alleged abuse occurred between siblings.


              210.720. 1. In the case of a child who has been placed in the custody of the division of family services in accordance with subdivision (17) of subsection 1 of section 207.020, RSMo, or another authorized agency by a court or who has been placed in foster care by a court, every six months after the placement, the foster family, group home, agency, or child care institution with which the child is placed shall file with the court a written report on the status of the child. The court shall review the report and shall hold a permanency hearing within twelve months of initial placement and at least annually thereafter. The permanency hearing shall be for the purpose of determining in accordance with the best interests of the child a permanent plan for the placement of the child, including whether or not the child should be continued in foster care or whether the child should be returned to a parent, guardian or relative, or whether or not proceedings should be instituted by either the juvenile officer or the division to terminate parental rights and legally free such child for adoption.

              2. In such permanency hearings the court shall consider all relevant factors including:

              (1) The interaction and interrelationship of the child with the child's foster parents, parents, siblings, and any other person who may significantly affect the child's best interests;

              (2) The child's adjustment to his or her foster home, school and community;

              (3) The mental and physical health of all individuals involved, including any history of abuse of any individuals involved. If the child is in the care of an authorized agency based on an allegation that the child has abused another child and the court determines that such abuse occurred, the court shall not return the child to or permit the child to reside in any residence located within one thousand feet of the residence of the abused child, or any child care facility or school that the abused child attends until the abused child reaches eighteen years of age. The prohibitions of this subsection shall not apply where the alleged abuse occurred between siblings; and

              (4) The needs of the child for a continuing relationship with the child's parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child.

              3. The judge shall make written findings of fact and conclusions of law in any order pertaining to the placement of the child.


              211.038. 1. No child under the jurisdiction of the juvenile court shall be reunited with a parent or placed in a home in which the parent or any person residing in the home has been found guilty of, or pled guilty to, a felony violation of chapter 566, RSMo, except for section 566.034, RSMo, when a child was the victim, or a violation of sections 568.020, 568.045, 568.060, 568.065, 568.070, 568.080, 568.090, and 568.175, RSMo, except for subdivision (1) of subsection 1 of section 568.060, RSMo, when a child was the victim, or an offense committed in another state when a child is the victim, that would be a felony violation of chapter 566, RSMo, except for section 566.034, RSMo, or a violation of sections 568.020, 568.045, 568.060, 568.065, 568.070, 568.080, 568.090, and 568.175, RSMo, except for subdivision (1) of subsection 1 of section 568.060, RSMo, if committed in Missouri; provided however, nothing in this section shall preclude the juvenile court from exercising its discretion regarding the placement of a child in a home in which the parent or any person residing in the home has been found guilty of or pled guilty or nolo contendere to any offense excepted or excluded in this section.

              2. If the juvenile court determines that a minor has abused another child, such minor shall be prohibited from returning to or residing in any residence located within one thousand feet of the residence of the abused child, or any child care facility or school that the abused child attends until the abused child reaches eighteen years of age. The prohibitions of this subsection shall not apply where the alleged abuse occurred between siblings.”; and


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


            On motion of Representative Johnson (90), House Amendment No. 1 was adopted.


            On motion of Representative Kingery, HCS SCS#2 SB 155, as amended, was adopted by the following vote:


AYES: 106

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Bearden

Behnen

Bivins

Black

Brown 30

Bruns

Byrd

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Guest

Harris 110

Henke

Hobbs

Hughes

Hunter

Icet

Jackson

Johnson 90

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

Loehner

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Roark

Robb

Roorda

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Self

Silvey

Smith 14

Smith 118

Stefanick

Stevenson

St. Onge

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Wagner

Wallace

Walton

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 051

 

 

 

 

 

 

 

 

 

Baker 25

Bland

Bowman

Bringer

Brooks

Brown 50

Burnett

Casey

Chappelle-Nadal

Corcoran

Curls

Darrough

Daus

Donnelly

El-Amin

Fraser

George

Goodman

Harris 23

Haywood

Hoskins

Hubbard

Johnson 47

Johnson 61

Jolly

LeVota

Lipke

Low 39

Lowe 44

Oxford

Page

Richard

Robinson

Rucker

Schneider

Schoemehl

Selby

Shoemyer

Skaggs

Spreng

Storch

Villa

Vogt

Walsh

Whorton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Boykins

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 004

 

 

 

 

 

 

Bean

Liese

Marsh

Nolte

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Kingery, HCS SCS#2 SB 155, as amended, was read the third time and passed by the following vote:


AYES: 120

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Bearden

Behnen

Bivins

Black

Brown 30

Bruns

Byrd

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Guest

Harris 23

Harris 110

Henke

Hobbs

Hughes

Hunter

Icet

Jackson

Johnson 90

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Loehner

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Selby

Self

Silvey

Smith 14

Smith 118

Stefanick

Stevenson

St. Onge

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

NOES: 038

 

 

 

 

 

 

 

 

 

Baker 25

Bland

Bowman

Bringer

Brooks

Brown 50

Burnett

Chappelle-Nadal

Curls

Darrough

Daus

Donnelly

El-Amin

Fraser

George

Goodman

Haywood

Hoskins

Johnson 47

Johnson 61

Jolly

Lipke

Low 39

Lowe 44

Oxford

Page

Schoemehl

Shoemyer

Skaggs

Spreng

Storch

Villa

Vogt

Witte

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Boykins

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 003

 

 

 

 

 

 

Bean

Hubbard

Marsh

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            HCS SCS SB 270, relating to the Linked Deposit Program, was taken up by Representative Richard.


            Representative Richard offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 270, Section 1, Page 21, Line 32, by deleting all of said line and inserting in lieu thereof the following, “and other banking-related costs, shall not exceed fifteen basis points, or fifteen hundredths of one”; and


              Further amend said section, Page 21, Line 37, by inserting after all of said line the following:

 

              5. The provisions of this section shall not be applicable to the state road fund created in section 226.220, RSMo, the motor fuel tax fund created in section 142.345, RSMo, the state highways and transportation department fund created in section 226.200, RSMo, the state transportation fund created in section 226.225, and the state road bond fund created pursuant to article IV, section 30(b), Constitution of Missouri.”; and


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


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


            On motion of Representative Richard, HCS SCS SB 270, as amended, was adopted.


            On motion of Representative Richard, HCS SCS SB 270, as amended, was read the third time and passed by the following vote:


AYES: 156

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bowman

Boykins

Bringer

Brooks

Brown 30

Brown 50

Bruns

Burnett

Byrd

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 23

Harris 110

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Silvey

Smith 14

Smith 118

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 003

 

 

 

 

 

 

 

 

 

Johnson 90

Lowe 44

Skaggs

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 003

 

 

 

 

 

 

Bean

Haywood

Marsh

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            The emergency clause was adopted by the following vote:


AYES: 154

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bowman

Boykins

Bringer

Brooks

Brown 30

Brown 50

Bruns

Burnett

Byrd

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 23

Harris 110

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

Liese

Lipke

Loehner

Low 39

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schneider

Schoemehl

Selby

Self

Shoemyer

Silvey

Smith 14

Smith 118

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 004

 

 

 

 

 

 

 

 

 

Johnson 90

LeVota

Skaggs

Young

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Lowe 44

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 003

 

 

 

 

 

 

Bean

Marsh

Schlottach

 

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Dempsey, the House recessed until 2:00 p.m.


AFTERNOON SESSION


            The hour of recess having expired, the House was called to order by Speaker Pro Tem Bearden.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 2533 - Representative Bland

            House Resolution No. 2534 - Representative Haywood

            House Resolution No. 2535 - Representative LeVota

            House Resolution No. 2536

                        through

            House Resolution No. 2538 - Representative Fraser

            House Resolution No. 2539 - Representative Salva

            House Resolution No. 2540 - Representative Wood

            House Resolution No. 2541 - Representative Nieves

            House Resolution No. 2542

                        through

            House Resolution No. 2555 - Representative Cooper (158)

            House Resolution No. 2556 - Representative Cooper (155)

            House Resolution No. 2557 - Representative Flook

            House Resolution No. 2558 - Representative Parson

            House Resolution No. 2559

                        through

            House Resolution No. 2586 - Representative Stefanick 

            House Resolution No. 2587 - Representative Avery

            House Resolution No. 2588

                        and

            House Resolution No. 2589 - Representative Whorton

            House Resolution No. 2590

                        through

            House Resolution No. 2592 - Representative Ervin

            House Resolution No. 2593 - Representative Jones

            House Resolution No. 2594

                        and

            House Resolution No. 2595 - Representative Self

            House Resolution No. 2596 - Representative Kingery

            House Resolution No. 2597 - Representatives Brown (50) and Jolly

            House Resolution No. 2598 - Representative Threlkeld, et al.



            House Resolution No. 2599

                        and

            House Resolution No. 2600 - Representative Wright (137)


SPECIAL RECOGNITION


            John Corbett was introduced by Representative Storch and recognized as an Outstanding Missourian.


PERFECTION OF HOUSE BILLS


            HCS HB 665, relating to professional registration, was taken up by Representative Behnen.


            Representative Behnen offered House Amendment No. 1.


House Amendment No. 1


Amend House Committee Substitute for House Bill No. 665, Page 17, Section 328.010, Lines 3 through 5, by striking all of said lines; and


              Further amend said substitute, Page 25, Section 329.010, Line 51, by inserting immediately after said line the following:


              "(12) “Accredited school of cosmetology or school of manicuring”, an establishment operated for the purpose of teaching cosmetology as defined in this section and meeting the criteria set forth under 34 C.F.R. Part 600, sections 600.1 and 600.2."; and


              Further amend said substitute, Page 25, Section 329.015, Line 15, by striking the word “four” and inserting in lieu thereof the word “three”; and


              Further amend said section, Line 17, by inserting immediately after the word “owner” the following:


              as defined in section 329.010, one shall be the owner of a school licensed under subsection 1 of section 329.040"; and


              Further amend said section, Page 26, Line 43, by inserting immediately after the word “members” the following:


              and accredited school owner member”; and


              Further amend said substitute, Page 31, Section 329.060, Line 10, by inserting a “[“ immediately after the word “license”; and


              Further amend said section, Line 11, by inserting a “]” immediately after the word “applicants”; and


              Further amend said substitute, Page 58, Section 337.550, Line 4, by striking the following “329.023" and inserting in lieu thereof the following “337.543"; and

  

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


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




House Amendment No. 1

to

House Amendment No. 1


AMEND House Amendment No. 1 to House Committee Substitute for House Bill No. 665, Page 1, Line 14 of the amendment, by inserting immediately after said line the following:

 

AMEND House Committee Substitute for House Bill 665, Page 31, Section 329.050, Line 50,


              6. Any licensed barber or cosmetologist having held an unencumbered license for at least ten years shall be eligible to sit for the Class MO - manicurist license examination.”; and


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


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


            On motion of Representative Behnen, House Amendment No. 1, as amended, was adopted.


            Representative Behnen offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for House Bill No. 665, Page 34, Section 332.304, Line 4, by inserting after "chapter" the following:


              "if such offsite dental office is a part of an accredited dental hygiene program through the Commission on Dental Accreditation of the American Dental Association as an extended campus facility"; and


              Further amend said title, enacting clause and intersectional references accordingly.


            On motion of Representative Behnen, House Amendment No. 2 was adopted.


            Representative Bruns offered House Amendment No. 3.


House Amendment No. 3


AMEND House Committee Substitute for House Bill No. 665, Section 190.550, by deleting all of said section; and


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


            On motion of Representative Bruns, House Amendment No. 3 was adopted.


            Representative Meadows offered House Amendment No. 4.


House Amendment No. 4


AMEND House Committee Substitute for House Bill No. 665, Page 46, Section 334.1024, Line 69, by inserting after all of said line the following:


              "335.068. 1. If the board finds merit to a complaint [by an individual incarcerated or under the care and control of the department of corrections] and takes further investigative action, no documentation may appear on file or disciplinary action may be taken in regards to the licensee's license unless the provisions of subsection 2 of section 335.066 have been violated. Any case file documentation that does not result in the board filing an action pursuant to subsection 2 of section 335.066 shall be destroyed within three months after the final case disposition by the board. No notification to any other licensing board in another state or any national registry regarding any investigative action shall be made unless the provisions of subsection 2 of section 335.066 have been violated.

               2. Upon written request of the nurse subject to a complaint, prior to August 28, 1999, [by an individual incarcerated or under the care and control of the department of corrections] that did not result in the board filing an action pursuant to subsection 2 of section 335.066, the board and the division of professional registration shall in a timely fashion:

              (1) Destroy all documentation regarding the complaint;

              (2) Notify any other licensing board in another state or any national registry regarding the board's action if they have been previously notified of the complaint; and

              (3) Send a letter to the licensee that clearly states that the board found the complaint to be unsubstantiated, that the board has taken the requested action, and notify the licensee of the provisions of subsection 3 of this section.

              3. Any person who has been the subject of an unsubstantiated complaint as provided in subsection 1 or 2 of this section shall not be required to disclose the existence of such complaint in subsequent applications or representations relating to their nursing professions."; and


              Further amend said title, enacting clause and intersectional references accordingly.


            On motion of Representative Meadows, House Amendment No. 4 was adopted.


            Representative Cooper (120) offered House Amendment No. 5.


House Amendment No. 5


AMEND House Committee Substitute for House Bill No. 665, Page 2, Section A, Line 21, by inserting after all of said line the following:


              "143.775. As used in sections 143.775 to 143.779, the following terms mean:

              (1) "Director", the director of revenue;

              (2) "License", a license, certificate, registration, or authorization issued by a licensing authority under sections 209.319 to 209.339, RSMo, sections 256.010 to 256.453, RSMo, section 375.014, RSMo, and chapters 324 to 340, RSMo, and chapters 344 to 346, RSMo, granting a natural person a right or privilege to engage in an occupation or profession that is subject to suspension, revocation, forfeiture, or termination by the licensing authority. Any new requirement to license a profession assigned to the division of professional registration after the effective date of this section shall be included in the definition of a license;

              (3) "Licensee", any person who holds a license;

              (4) "Licensing authority", any department, division, board, agency, or instrumentality of this state that issues a license under sections 209.319 to 209.339, RSMo, sections 256.010 to 256.453, RSMo, section 375.014, RSMo, and chapters 324 to 340, RSMo, and chapters 344 to 346, RSMo. Any board or commission assigned to the division of professional registration after the effective date of this section shall be included in the definition of a licensing authority;

              (5) "Payment plan", a written plan signed by the taxpayer and approved by the director that incorporates an arrangement for periodic payment of state taxes owed;

              (6) "Tax compliance letter", a letter issued by the director that states the taxpayer is in compliance for all of the tax years in which the taxpayer was determined to be delinquent in payment of state taxes or the filing of tax returns.


              143.777. 1. The director shall send, via first class mail, a notice to any taxpayer who is the subject of the transmission of data from the licensing authority to the director under section 143.779 and who is delinquent on any state taxes or has failed to file state income tax returns for any of the three years immediately preceding the license renewal. The notice shall state that the taxpayer's license shall be suspended one hundred twenty days from the date of the notice unless, within such time, the taxpayer presents to the appropriate licensing authority a tax compliance letter.

              2. The notice shall include the following information:

              (1) A statement that the taxpayer is delinquent in payment of state taxes owed or has failed to file state income tax returns;

              (2) The date that the suspension shall go into effect, which shall be one hundred twenty days from the date the notice was issued;

              (3) A conspicuous statement as follows: "NOTICE TO TAXPAYER: IN ORDER TO PREVENT YOUR LICENSE SUSPENSION FROM GOING INTO EFFECT, YOU ARE RESPONSIBLE FOR PRESENTING A TAX COMPLIANCE LETTER FROM THE MISSOURI DEPARTMENT OF REVENUE TO YOUR LICENSING ENTITY PRIOR TO THE DATE OF SUSPENSION CITED IN THIS NOTICE.";

              (4) A conspicuous statement as follows: "NOTICE TO TAXPAYER: YOU ARE ENTITLED TO A REVIEW OF THE NOTIFICATION PROCESS WITH THE DIRECTOR OF REVENUE. ANY REQUEST FOR REVIEW MUST BE FILED IN WRITING WITHIN FIFTY (50) DAYS FROM THE DATE OF THIS NOTICE AT THE FOLLOWING ADDRESS: . . . . . . . . . (INSERT ADDRESS).";

              (5) A conspicuous statement as follows: "NOTICE TO TAXPAYER: IF YOU DO NOT OBTAIN A TAX COMPLIANCE LETTER OR SEEK REVIEW UNDER SECTION 143.778, RSMo, YOUR LICENSE SHALL BE SUSPENDED BY OPERATION OF LAW EFFECTIVE THE DATE OF SUSPENSION CITED IN THIS NOTICE.".

              3. A tax compliance letter shall be issued by the director to the taxpayer if the taxpayer:

              (1) Files any delinquent state tax return and pays the entire amount of delinquent state taxes, interest, and additions due; or

              (2) Enters into and complies with a payment plan. If the taxpayer fails to comply with the terms of a payment plan, the director may issue a notice informing the taxpayer that the license shall be suspended by operation of law as of the date of the notice.

              4. The notice required under subsection 1 of this section shall be sent to the last known address supplied to the director unless no such address has been provided, whereupon the notice shall be sent to the last known address supplied to the licensing authority.

              5. The notice shall apply only to the license that is the subject of the transmission of data from the licensing authority to the director under section 143.779.

              6. Within thirty days of the date of the notice required under subsection 1 of this section, the licensing authority shall send a letter to the taxpayer indicating that the license is subject to automatic suspension by operation of law as of the date provided in the notice required under subsection 1 of this section, unless the taxpayer provides the licensing authority a copy of a tax compliance letter by the date provided in the notice required under subsection 1 of this section.


              143.778. 1. Within fifty days of the date of the notice, the taxpayer may file with the director at the address provided in the notice, a written request for review of the notice required under subsection 1 of section 143.777, stating the grounds upon which the taxpayer claims the notice was not proper.  

              2. Upon timely receipt of a request for review from a taxpayer, the director shall review the notice and mail the director’s determination to the taxpayer by certified or registered mail within thirty days of receipt of the request. Such determination shall set forth briefly the director’s findings of fact, and the basis of the decision and information regarding the taxpayer’s right to appeal.

              3. The issues that may be determined in a review under this section shall be limited to:

              (1) The identity of the taxpayer;

              (2) Whether the director has properly applied any credits or payments by the taxpayer; and

              (3) Whether the director sent the notice to the proper address under subsection 4 of section 143.777.

              4. The determination of the director, after a review under this section, shall be a final agency decision and shall be subject to appeal to the administrative hearing commission under chapter 621, RSMo.

              5. A taxpayer shall appeal under chapter 621, RSMo, by filing a petition within thirty days of the date of the director’s determination.

              6. Suspension of a taxpayer’s license shall be automatically stayed pending the appeal under chapter 621, RSMo.

              7. A determination made by the director under this section is independent of any action imposed by the licensing authority.


              143.779. 1. All state licensing authorities subject to sections 143.775 to 143.779 shall provide specified information, in a format agreed upon by the director and the licensing authorities, to the director within thirty days following the date of the receipt of an application for licensure or at least thirty days after the required renewal date of a licensee’s license. Such information shall include, but is not limited to, the following:

              (1) Name;

              (2) Address of record;

              (3) Social Security number;

              (4) Type of license.

              2. For licensees who are not residents of this state, the licensing authority shall include in the application and renewal forms a method allowing the nonresident licensee to indicate that they received no Missouri source income within the applicable three-year period. The licensing authority shall transmit this information to the director in a mutually agreed upon manner.

              3. The director shall promulgate rules necessary for the administration of sections 143.775 to 143.779. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2005, shall be invalid and void."; and


              Further amend said bill, Page 80, Section 571.030, Line 101, by inserting after all of said line the following:


              "620.1900. 1. As used in this section the term "licensing authority" shall mean any department, division, board, agency, or instrumentality of this state that issues a license under sections 209.319 to 209.339, RSMo, sections 256.010 to 256.453, RSMo, section 375.014, RSMo, and chapters 324 to 340, RSMo, and chapters 344 to 346, RSMo. Any board or commission assigned to the division of professional registration after the effective date of this section shall be included in the definition of a licensing authority.

              2. With regard to any licensee who has been issued a notice under section 143.777, RSMo, the licensing authority shall enter a suspension of the applicable license on the effective date set out in the notice, unless the licensee has presented a tax compliance letter, or has timely filed for review in the administrative hearing commission as provided under section 143.778, RSMo.

              3. The suspension shall be processed by the licensing authority without any additional review or hearing by such licensing authority.

              4. The suspension shall continue until a tax compliance letter is issued by the director of the department of revenue.

              5. If a license is suspended under sections 143.775 to 143.779, RSMo, any funds paid by the licensee to the licensing authority for costs related to issuance, renewal or maintenance of a license shall not be refunded to the licensee.

              6. During any period of suspension imposed under sections 143.775 to 143.779, RSMo, the licensee shall continue to pay all license or license renewal fees and obtain all continuing education hours as required by the licensing authority’s statutes and regulations.

              7. A licensee who continues to engage in the business, occupation, profession or other licensed activity while the license is suspended under sections 143.775 to 143.779, RSMo, is guilty of a class A misdemeanor. The licensing authority may refer the licensee to the appropriate prosecuting or circuit attorney or the attorney general for prosecution under this section, in addition to any other remedy provided by law for engaging in a licensed activity without a license or while a license is suspended.

              8. The licensing authority shall be exempt from liability to the licensee for activities conducted under sections 143.775 to 143.779, RSMo, or this section.

              9. The licensing authority shall not modify, remand, reverse, vacate or stay a suspension; except that, if the director of revenue certifies that an error has been made by the department or if an error is made by the licensing authority, the licensing authority may expunge the suspension from the licensee’s permanent record."; and


              Further amend said bill, Page 82, Section 1, Line 21, by inserting after all of said line the following:

 

"[324.010. All governmental entities issuing professional licenses, certificates, registrations, or permits pursuant to sections 209.319 to 209.339, RSMo, sections 214.270 to 214.516, RSMo, sections 256.010 to 256.453, RSMo, section 375.014, RSMo, sections 436.005 to 436.071, RSMo, and chapter 317, RSMo, and chapters 324 to 346, RSMo, shall provide the director of revenue with the name and Social Security number of each applicant for licensure with or licensee of such entities within one month of the date the application is filed or at least one month prior to the anticipated renewal of a licensee's license. If such licensee is delinquent on any state taxes or has failed to file state income tax returns in the last three years, the director shall then send notice to each such entity and licensee. In the case of such delinquency or failure to file, the licensee's license shall be suspended within ninety days after notice of such delinquency or failure to file, unless the director of revenue verifies that such delinquency or failure has been remedied or arrangements have been made to achieve such remedy. The director of revenue shall, within ten business days of notification to the governmental entity issuing the professional license that the delinquency has been remedied or arrangements have been made to remedy such delinquency, send written notification to the licensee that the delinquency has been remedied. Tax liability paid in protest or reasonably founded disputes with such liability shall be considered paid for the purposes of this section.]"; and


                            Further amend said title, enacting clause and intersectional references accordingly.


            On motion of Representative Cooper (120), House Amendment No. 5 was adopted.


            Representative Tilley offered House Amendment No. 6.


House Amendment No. 6


AMEND House Committee Substitute for House Bill No. 665, Page 72, Section 337.736, Line 16 of said section, by inserting after said line the following:


              338.380. 1. As used in this section the term "committee" means the well-being committee established under subsection 2 of this section.

              2. The board may establish an impaired licensee committee, to be designated as the "Well-being Committee", to promote the early identification, intervention, treatment and rehabilitation of licensees identified within this chapter, who may be impaired by reasons of illness, substance abuse, or as a result of any physical or mental condition. The board may enter into a contractual agreement with a nonprofit corporation or an association for the purpose of creating, supporting and maintaining such a committee. The board may promulgate rules subject to the provisions of this section to effectuate and implement any committee formed under this section. The board may expend appropriated funds necessary to provide for operational expenses of the committee formed under this section. Any member of the committee, as well as any administrator, staff member, consultant, agent or employee of the committee, acting within the scope of his or her duties and without actual malice and, all other persons who furnish information to the committee in good faith and without actual malice, shall not be liable for any claim of damages as a result of any statement, decision, opinion, investigation or action taken by the committee or by any individual member of the committee.

              3. All information, interviews, reports, statements, memoranda or other documents furnished to or produced by the committee, as well as communications to or from the committee, any findings, conclusions, interventions, treatment, rehabilitation, or other proceedings of the committee which in any way pertain to a licensee who may be, or who actually is, impaired shall be absolutely privileged and confidential.

              4. All records and proceedings of the committee which pertain or refer to a licensee who may be, or who actually is, impaired shall be privileged and confidential and shall be used by the committee and its members only in the exercise of the proper function of the committee and shall not be considered public records under chapter 610, RSMo, and shall not be subject to court subpoena or subject to discovery or introduction as evidence in any civil, criminal, or administrative proceedings except as provided in subsection 5 of this section.

              5. The committee may disclose information relative to an impaired licensee only when:

              (1) It is essential to disclose the information to further the intervention, treatment, or rehabilitation needs of the impaired licensee and only to those persons or organization with a need to know;

              (2) Its release is authorized in writing by the impaired licensee;

              (3) The committee is required to make a report to the board.

              6. In lieu of the pursuing discipline against a licensee for violating one or more causes stated in subsection 2 of section 338.055, the board may enter into a diversion agreement with a licensee to refer the licensee to the committee under such terms and conditions as are agreed to by the board and licensee. The board shall enter into no more than two diversion agreements with any individual licensee. If the licensee violates a term or condition of a diversion agreement entered into under this section, the board may elect to pursue discipline against the licensee under chapter 621, RSMo, for the original conduct that resulted in the diversion agreement, or for any subsequent violation of subsection 2 of section 338.055. While the licensee participates in the committee, the time limitations of section 620.154, RSMo, shall toll under subsection 7 of section 620.154, RSMo. All records pertaining to diversion agreements are confidential and may only be released under subdivision (7) of subsection 14 of section 620.010, RSMo.

              7. The committee shall report to the board the name of any licensee who fails to enter treatment within forty-eight hours following the provider's determination that the pharmacist needs treatment or any failure by a licensee to comply with the terms of a treatment contract during inpatient or outpatient treatment or aftercare or report a licensee who resumes the practice of pharmacy before the treatment provider has made a clear determination that the pharmacist is capable of practicing according to acceptable and prevailing standards.

              8. The board may disclose information and records to the committee to assist the committee in the identification, intervention, treatment, and rehabilitation of any licensee who may be impaired by reason of illness, substance abuse, or as the result of any physical or mental condition. The committee shall keep all information and records provided by the board confidential to the extent the board is required to treat the information and records as closed to the public under chapter 620, RSMo.

              9. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2005, shall be invalid and void.”; and


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


            On motion of Representative Tilley, House Amendment No. 6 was adopted.


            Representative Sater offered House Amendment No. 7.


House Amendment No. 7


AMEND House Committee Substitute for House Bill No. 665, Page 72, Line 16, by inserting immediately after said line the following:


              “338.095. 1. The terms "prescription" and "prescription drug order" are hereby defined as a lawful order for medications or devices issued and signed by an authorized prescriber within the scope of his professional practice which is to be dispensed or administered by a pharmacist or dispensed or administered pursuant to section 334.104, RSMo, to and for the ultimate user. The terms "prescription" and "drug order" do not include an order for medication which is provided for the immediate administration to the ultimate user or recipient.

              2. The term "telephone prescription" is defined as an order for medications or devices transmitted to a pharmacist by telephone or similar electronic medium by an authorized prescriber or his authorized agent acting in the course of his professional practice which is to be dispensed or administered by a pharmacist or dispensed or administered pursuant to section 334.104, RSMo, to and for the ultimate user. A telephone prescription shall be promptly reduced to written or electronic medium by the pharmacist and shall comply with all laws governing prescriptions and record keeping.

              3. A licensed pharmacist may lawfully provide prescription or medical information to a licensed health care provider or his agent who is legally qualified to administer medications and treatments and who is involved in the treatment of the patient. The information may be derived by direct contact with the prescriber or through a written protocol approved by the prescriber. Such information shall authorize the provider to administer appropriate medications and treatments.

              4. Nothing in this section shall be construed to limit the authority of other licensed health care providers to prescribe, administer, or dispense medications and treatments within the scope of their professional practice.

              5. It is unlawful for any person other than the patient or the patient’s authorized representative to accept a prescription presented to be dispensed unless that person is located on a premises licensed by the board as a pharmacy. A violation of this subsection shall be a class A misdemeanor.”; and


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


            Representative Schaaf 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 Bill No. 665, Page 2, Line 8, by inserting at the end of said line the following:


              of a dispensing physician or”; and


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


            On motion of Representative Schaaf, House Amendment No. 1 to House Amendment No. 7 was adopted.


            On motion of Representative Sater, House Amendment No. 7, as amended, was adopted.


            Representative Dusenberg offered House Amendment No. 8.


House Amendment No. 8


AMEND House Committee Substitute for House Bill No. 665, Page 2, Section A, Line 21, by inserting immediately after said line the following:


              “71.620. 1. Hereafter no person following for a livelihood the profession or calling of minister of the gospel, duly accredited Christian Science practitioner, teacher, professor in a college, priest, lawyer, certified public accountant, veterinarian, dentist, chiropractor, optometrist, chiropodist, physician or surgeon in this state shall be taxed or made liable to pay any municipal or other corporation tax or license fee of any description whatever for the privilege of following or carrying on such profession or calling, and, after December 31, 2003, no investment funds service corporation, as defined in section 143.451, RSMo, may be required to pay, or shall be taxed or made liable to pay any municipal or other corporation tax or license fee of any description whatever for the privilege of following or carrying on its business or occupation, in excess of or in an aggregate amount exceeding twenty-five thousand dollars annually, any law, ordinance or charter to the contrary notwithstanding.

              2. No person following for a livelihood the profession of insurance agent or broker, veterinarian, architect, professional engineer, land surveyor, auctioneer, or real estate broker or salesman in this state shall be taxed or made liable to pay any municipal or other corporation tax or license fee for the privilege of following or carrying on his or her profession by a municipality unless that person maintains a business office within that municipality.

              3. Notwithstanding any other provision of law to the contrary, after September 1, 2004, no village with less than one thousand three hundred inhabitants shall impose a business license tax in excess of fifteen thousand dollars per license.”; and

 

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


            On motion of Representative Dusenberg, House Amendment No. 8 was adopted.


            Representative Schaaf offered House Amendment No. 9.


House Amendment No. 9


AMEND House Committee Substitute for House Bill No. 665, Page 39, Section 334.1009, Line 2, by deleting the word "eleven" and inserting in lieu thereof the word "twelve"; and


              Further amend said bill, Page 39, Section 334.1009, Line 4, by deleting the word "eleven" and inserting in lieu thereof the word "twelve"; and


              Further amend said bill, Page 39, Section 334.1009, Line 5, by deleting the word "two" and inserting in lieu thereof the word "three"; and


              Further amend said bill, Page 39, Section 334.1009, Line 5, by inserting after the word "radiologists," the phrase "one of which shall be a chiropractic radiologist,"; and


              Further amend said title, enacting clause and intersectional references accordingly.


            Representative Schaaf moved that House Amendment No. 9 be adopted.


            Which motion was defeated by the following vote:


AYES: 053

 

 

 

 

 

 

 

 

 

Aull

Avery

Bivins

Bruns

Byrd

Cooper 155

Cooper 158

Cunningham 86

Darrough

Davis

Faith

Flook

Franz

Guest

Henke

Hobbs

Jackson

Johnson 61

Jolly

Jones

Kingery

Kraus

Lembke

LeVota

Lipke

Muschany

Nance

Nolte

Parson

Pollock

Portwood

Pratt

Rupp

Salva

Schaaf

Schad

Silvey

Skaggs

Smith 14

Smith 118

Stefanick

St. Onge

Threlkeld

Tilley

Viebrock

Wallace

Walsh

Whorton

Wildberger

Wilson 130

Wright 137

Yates

Zweifel

 

 

 

 

 

 

 

NOES: 096

 

 

 

 

 

 

 

 

 

Baker 25

Bearden

Behnen

Black

Bland

Bowman

Bringer

Brown 30

Burnett

Casey

Chinn

Chappelle-Nadal

Cooper 120

Corcoran

Cunningham 145

Curls

Daus

Day

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Fares

Fisher

Fraser

George

Goodman

Harris 23

Harris 110

Haywood

Hoskins

Hubbard

Hughes

Hunter

Icet

Johnson 90

Kratky

Kuessner

Lager

Lampe

Liese

Loehner

Low 39

Lowe 44

May

Meadows

Meiners

Moore

Munzlinger

Myers

Nieves

Oxford

Page

Parker

Pearce

Phillips

Quinn

Rector

Richard

Roark

Robb

Robinson

Rucker

Ruestman

Sander

Sater

Schlottach

Schoemehl

Selby

Self

Shoemyer

Spreng

Stevenson

Storch

Sutherland

Villa

Vogt

Wagner

Walton

Wasson

Wells

Weter

Wilson 119

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Young

Mr Speaker

 

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Brooks

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 012

 

 

 

 

 

 

Baker 123

Bean

Boykins

Brown 50

Deeken

Johnson 47

Kelly

Marsh

McGhee

Roorda

Schneider

Swinger

 

 

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Behnen, HCS HB 665, as amended, was adopted.


            On motion of Representative Behnen, HCS HB 665, as amended, was ordered perfected and printed.


            HCS HB 697, with House Amendment No. 2, pending, relating to motor vehicle emissions, was taken up by Representative Lembke.


            On motion of Representative Hobbs, House Amendment No. 2 was adopted.


            Representative Darrough offered House Amendment No. 3.


House Amendment No. 3


AMEND House Committee Substitute for House Bill No. 697, Page 4, Section 307.366, Line 99, by inserting prior to the word “mechanic” the word “Certified”; and


              Further amend said bill, Page 9, Line 28, Section 643.335, by inserting prior to the word “mechanic” the word “Certified”.


            Representative Darrough moved that House Amendment No. 3 be adopted.


            Which motion was defeated.


            On motion of Representative Lembke, HCS HB 697, as amended, was adopted.


            On motion of Representative Lembke, HCS HB 697, as amended, was ordered perfected and printed.


            HCS HB 474, relating to insurer intervention in civil actions, was taken up by Representative Yates.


            Representative Burnett offered House Amendment No. 1.




House Amendment No. 1


AMEND House Committee Substitute for House Bill No. 474, Page 1, Section 506.400, Line 3, by deleting the words “intervene in such action and request the court” and inserting in lieu thereof the words “file an action for a declaratory judgement”; and


              Further amend said page and section, Lines 5 through 8, by deleting all of said lines; and


              Further amend said bill by renumbering the subsections; and


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


            Representative Burnett moved that House Amendment No. 1 be adopted.


            Which motion was defeated by the following vote:

***** Insert Document name: rc063.009 *******

AYES: 066

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bowman

Bringer

Brooks

Brown 50

Burnett

Casey

Chappelle-Nadal

Cooper 158

Corcoran

Curls

Darrough

Daus

Donnelly

Dougherty

El-Amin

Flook

Fraser

George

Goodman

Harris 110

Haywood

Henke

Hoskins

Hubbard

Hughes

Johnson 61

Johnson 90

Jolly

Kratky

Kuessner

Lampe

LeVota

Liese

Lipke

Low 39

Lowe 44

Meadows

Meiners

Oxford

Page

Robinson

Rucker

Salva

Sander

Schaaf

Schoemehl

Selby

Shoemyer

Skaggs

Spreng

Storch

Swinger

Villa

Vogt

Wagner

Walsh

Walton

Whorton

Wildberger

Witte

Wright-Jones

Yaeger

Zweifel

 

 

 

 

 

 

 

 

 

NOES: 087

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Behnen

Bivins

Black

Brown 30

Bruns

Byrd

Chinn

Cooper 120

Cooper 155

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Franz

Guest

Hobbs

Hunter

Icet

Jackson

Johnson 47

Jones

Kelly

Kingery

Kraus

Lager

Lembke

Loehner

May

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Ruestman

Rupp

Sater

Schad

Schlottach

Schneider

Self

Silvey

Smith 14

Smith 118

Stefanick

Stevenson

St. Onge

Sutherland

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

 

Bean

Boykins

Harris 23

Marsh

McGhee

Myers

Parker

Roorda

Young

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Yates, HCS HB 474 was adopted.


            On motion of Representative Yates, HCS HB 474 was ordered perfected and printed.


PERFECTION OF HOUSE BILL - FEDERAL MANDATE


            HCS HBs 500 & 533, relating to the transfer of employer accounts, was taken up by Representative Faith.


            Representative Faith offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for House Bill Nos. 500 & 533, Page 3, Section 288.110, Line 87, by inserting after all of said line the following:


              "Section B. Section A of this act shall become effective on January 1, 2006."; and


              Further amend said title, enacting clause and intersectional references accordingly.


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


            On motion of Representative Faith, HCS HBs 500 & 533, as amended, was adopted.


            On motion of Representative Faith, HCS HBs 500 & 533, as amended, was ordered perfected and printed.


THIRD READING OF SENATE BILLS


            HCS SB 189, relating to a health care provider tax, was taken up by Representative Icet.


            Representative Cooper (120) assumed the Chair.


            Speaker Pro Tem Bearden resumed the Chair.


            Representative Witte requested a division of the question on HCS SB 189.




            On motion of Representative Icet, Part I of HCS SB 189 was adopted by the following vote:


AYES: 146

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Boykins

Bringer

Bruns

Byrd

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 23

Harris 110

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Silvey

Smith 14

Smith 118

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 003

 

 

 

 

 

 

 

 

 

Brown 50

Rucker

Wildberger

 

 

 

 

 

 

 

PRESENT: 008

 

 

 

 

 

 

 

 

 

Brooks

Brown 30

Burnett

Casey

Hughes

Roorda

Skaggs

Yates

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 005

 

 

 

 

 

 

Bean

Bowman

Corcoran

Marsh

Wagner

 

 

 

 

 

VACANCIES: 001




            On motion of Representative Icet, Part II of HCS SB 189 was adopted by the following vote:


AYES: 133

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bowman

Boykins

Bruns

Byrd

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Daus

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 110

Hobbs

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

Lipke

Loehner

Low 39

Lowe 44

May

McGhee

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Silvey

Smith 14

Smith 118

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yaeger

Mr Speaker

 

 

 

 

 

 

 

NOES: 009

 

 

 

 

 

 

 

 

 

Bringer

Brown 50

Darrough

LeVota

Liese

Skaggs

Wagner

Wildberger

Witte

 

 

 

 

 

 

PRESENT: 014

 

 

 

 

 

 

 

 

 

Brooks

Brown 30

Burnett

Casey

Davis

Harris 23

Haywood

Henke

Johnson 90

Meadows

Roorda

Spreng

Yates

Zweifel

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

 

Bean

Hoskins

Marsh

Vogt

Wright-Jones

Young

 

 

 

 

 

 

 

 

 

VACANCIES: 001




            On motion of Representative Icet, Part III of HCS SB 189 was adopted by the following vote:


AYES: 155

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bowman

Boykins

Bringer

Brown 50

Bruns

Burnett

Byrd

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

George

Goodman

Guest

Harris 23

Harris 110

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 118

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 005

 

 

 

 

 

 

 

 

 

Brooks

Brown 30

Davis

Fraser

Haywood

 

 

 

 

 

ABSENT WITH LEAVE: 002

 

 

 

 

 

 

Bean

Marsh

 

 

 

 

 

 

 

 

VACANCIES: 001




            On motion of Representative Icet, HCS SB 189 was read the third time and passed by the following vote:

***** Insert Document name: rc063.013 *******

AYES: 143

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bowman

Boykins

Bruns

Burnett

Byrd

Chinn

Chappelle-Nadal

Cooper 120

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Haywood

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lembke

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McGhee

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 118

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

NOES: 010

 

 

 

 

 

 

 

 

 

Bringer

Brown 50

Darrough

Harris 23

Harris 110

Henke

Lampe

LeVota

Page

Wildberger

 

 

 

 

 

PRESENT: 005

 

 

 

 

 

 

 

 

 

Brooks

Brown 30

Casey

Meadows

Roorda

 

 

 

 

 

ABSENT WITH LEAVE: 004

 

 

 

 

 

 

Bean

Cooper 155

Marsh

Wagner

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.




            The emergency clause was adopted by the following vote:


AYES: 141

 

 

 

 

 

 

 

 

 

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bowman

Boykins

Bruns

Burnett

Byrd

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Haywood

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lembke

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Parker

Parson

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Silvey

Smith 14

Smith 118

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 013

 

 

 

 

 

 

 

 

 

Aull

Bringer

Brown 50

Darrough

Harris 23

Harris 110

Henke

Johnson 61

Lampe

LeVota

Page

Skaggs

Wildberger

 

 

 

 

 

 

 

PRESENT: 005

 

 

 

 

 

 

 

 

 

Brooks

Brown 30

Casey

Johnson 90

Roorda

 

 

 

 

 

ABSENT WITH LEAVE: 003

 

 

 

 

 

 

Bean

Marsh

Pearce

 

 

 

 

 

 

 

VACANCIES: 001


            HCS SCS SBs 10 & 27, relating to controlled substances, was taken up by Representative Lipke.


            On motion of Representative Lipke, HCS SCS SBs 10 & 27 was adopted.


            On motion of Representative Lipke, HCS SCS SBs 10 & 27 was read the third time and passed by the following vote:


AYES: 159