Journal of the House


Second Regular Session, 93rd General Assembly




SEVENTIETH DAY, Tuesday, May 9, 2006

The House met pursuant to adjournment.


            Speaker Jetton in the Chair.


            Prayer by Father Donald W. Lammers.


              Let us pray.


              Almighty God, in this last week of the 2006 Session of this body, sustain us in the zeal with which we began in January. May Your grace help us to give to each topic still on our agenda the attention it deserves. Hold us in the integrity with which we began, so that our judgments and decisions this week emerge from the best of our wisdom and study.


              May the work we are accomplishing this session be like the young plants and crops in gardens and fields everywhere, destined to bear fruit aplenty, meeting the needs of all.


              We pray to You Almighty God, living and reigning 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: Ryan Coleman and Tavia Matthews.


            The Journal of the sixty-ninth day was approved as corrected.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 3342 - Representative Skaggs

            House Resolution No. 3343

                        and

            House Resolution No. 3344 - Representative Pratt

            House Resolution No. 3345

                         through

            House Resolution No. 3347 - Representatives Wilson (130) and Ruestman

            House Resolution No. 3348

                         through

            House Resolution No. 3352 - Representative Page

            House Resolution No. 3353 - Representative Fares

            House Resolution No. 3354 - Representatives Robb and Jackson

            House Resolution No. 3355 - Representative Lipke

COMMITTEE REPORT


            Committee on Fiscal Review, Chairman Guest reporting:


            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS SB 805 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

 

THIRD READING OF SENATE BILLS


            HCS SS SCS SB 912, relating to virtual schools, was taken up by Representative Baker (123).


            Representative Dempsey moved the previous question.


            Which motion was adopted by the following vote:


AYES: 093

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Behnen

Bivins

Black

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Guest

Hobbs

Hunter

Icet

Jackson

Johnson 47

Jones

Kelly

Kingery

Kraus

Lager

Lembke

Lipke

Loehner

Marsh

May

McGhee

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Ruestman

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Self

Silvey

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Sutherland

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

NOES: 058

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bogetto

Bowman

Bringer

Brooks

Brown 50

Burnett

Casey

Chappelle-Nadal

Corcoran

Curls

Dake

Darrough

Daus

Donnelly

Frame

Fraser

Harris 23

Harris 110

Haywood

Henke

Hoskins

Hubbard

Hughes

Johnson 61

Johnson 90

Jolly

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

Meadows

Meiners

Oxford

Page

Robinson

Roorda

Rucker

Salva

Schoemehl

Skaggs

Swinger

Villa

Vogt

Wagner

Walsh

Walton

Whorton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

 

 

PRESENT: 004

 

 

 

 

 

 

 

 

 

Boykins

Dougherty

George

Shoemyer

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Bean

Bland

Brown 30

Bruns

El-Amin

Spreng

Storch

 

 

 

 

 

 

 

 

VACANCIES: 001


            Representative Baker (123) moved that HCS SS SCS SB 912 be adopted.


            Which motion was defeated.


            Representative Pratt assumed the Chair.


            Representative Wallace offered House Amendment No. 1.


            Representative Flook raised points of order that House Amendment No. 1 goes beyond the scope of the bill and is improperly drafted.


            Representative Pratt requested a parliamentary ruling.


            The Parliamentary Committee ruled the first point of order well taken and the second point of order not well taken.


            On motion of Representative Baker (123), SS SCS SB 912 was truly agreed to and finally passed by the following vote:


AYES: 136

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bogetto

Boykins

Brown 50

Bruns

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Dake

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Frame

Franz

Fraser

George

Guest

Harris 110

Hobbs

Hoskins

Hubbard

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Jones

Kelly

Kingery

Kratky

Kraus

Lager

Lampe

Lembke

Liese

Lipke

Loehner

Marsh

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

Salva

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoemehl

Self

Shoemyer

Silvey

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Wasson

Wells

Weter

Wildberger

Wilson 119

Wilson 130

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 020

 

 

 

 

 

 

 

 

 

Bowman

Bringer

Brooks

Burnett

Curls

Harris 23

Haywood

Henke

Hughes

Johnson 90

Jolly

Kuessner

LeVota

Low 39

Lowe 44

Skaggs

Whorton

Witte

Wood

Young

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

 

Bean

Brown 30

Dougherty

Spreng

Storch

Walton

 

 

 

 

 

 

 

 

 

VACANCIES: 001


            Representative Pratt declared the bill passed.


            HCS SS SCS SB 894, relating to educational standards and guidelines, was taken up by Representative Muschany.


            Speaker Pro Tem Bearden assumed the Chair.


            Representative Muschany offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 894, Page 6, Section 1, Line 16, by adding immediately after all of said line the following:


              Section 2. If a school district has been classified as unaccredited within the previous five school years and the district is subsequently classified as provisionally accredited, the district shall be subject to lapse on June thirtieth of any school year in which the state board of education withdraws provisional accreditation or at a later date as determined by the state board of education.”; and


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


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


            Representative Yates raised a point of order that House Amendment No. 1 to House Amendment No. 1 goes beyond the scope of the underlying amendment.


            The Chair ruled the point of order well taken.


            HCS SS SCS SB 894, with House Amendment No. 1, pending, was laid over.


MESSAGES FROM THE SENATE


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS#2 SCS HCS HB 1456, entitled:


              An act to repeal sections 288.030, 288.032, 288.035, 288.036, 288.038, 288.040, 288.045, 288.050, 288.060, 288.120, 288.121, 288.122, 288.128, 288.175, 288.190, 288.330, 288.380, 288.381, and 288.500, RSMo, and to enact in lieu thereof twenty-one new sections relating to employment security, with penalty provisions and an effective date.


            With Senate Amendment No. 2, Senate Amendment No. 5, Senate Amendment No. 1 to Senate Amendment No. 9, Senate Amendment No. 9, as amended, and Senate Amendment No. 12.


Senate Amendment No. 2


AMEND Senate Substitute No. 2 for Senate Committee Substitute for House Committee Substitute for House Bill No. 1456, Pages 19-20, Section 288.038, by striking all of said section from the bill and inserting in lieu thereof the following:


              "288.038. With respect to initial claims filed during calendar years 2004 and 2005, the "maximum weekly benefit amount" means four percent of the total wages paid to an eligible insured worker during that quarter of the worker's base period in which the worker's wages were the highest, but the maximum weekly benefit amount shall not exceed two hundred fifty dollars in the calendar years 2004 and 2005. With respect to initial claims filed during calendar years 2006 and 2007 the "maximum weekly benefit amount" means [three and three-fourths] four percent of the total wages paid to an eligible insured worker during that quarter of the worker's base period in which the worker's wages were the highest, but the maximum weekly benefit amount shall not exceed two hundred seventy dollars in calendar year 2006 and the maximum weekly benefit amount shall not exceed two hundred eighty dollars in calendar year 2007. With respect to initial claims filed during calendar year 2008 and each calendar year thereafter, the "maximum weekly benefit amount" means four percent of the total wages paid to an eligible insured worker during the average of the two highest quarters of the worker's base period, but the maximum weekly benefit amount shall not exceed three hundred [dollars in calendar year 2008, three hundred ten dollars in calendar year 2009, three hundred] twenty dollars [in calendar year 2010, and each calendar year thereafter]. If such benefit amount is not a multiple of one dollar, such amount shall be reduced to the nearest lower full dollar amount."; and


              Further amend the title and enacting clause accordingly.


Senate Amendment No. 5


AMEND Senate Substitute No. 2 for Senate Committee Substitute for House Committee Substitute for House Bill No. 1456, Page 38, Section 288.050, Line 26, by striking the opening and closing brackets and further amend said line by striking the word "shall".

              

Senate Amendment No. 1

to

Senate Amendment No. 9


AMEND Senate Amendment No. 9 to Senate Substitute No. 2 for Senate Committee Substitute for House Committee Substitute for House Bill No. 1456, Page 2, Section 288.042, Lines 12-16, by striking said lines and inserting in lieu thereof the following:


              deployed shall be subject to an administrative penalty in the amount of twenty-five thousand dollars. The director shall take judicial”.




Senate Amendment No. 9


AMEND Senate Substitute No. 2 for Senate Committee Substitute for House Committee Substitute for House Bill No. 1456, Page 29, Section 288.040, Line 20, by inserting immediately after said line the following:


              288.042. 1. For purposes of this chapter, a “war on terror veteran” is a person who serves or has served in the military and to whom the following criteria apply:

              (1) The person is or was a member of the national guard or a member of a United States armed forces reserves unit;

              (2) The person was deployed as part of his or her military unit at any time after September 11, 2001, and such deployment caused the person to be unable to continue working for his or her employer;

              (3) The person was employed either part time or full time before deployment; and

              (4) The person was unemployed in his or her non-military employment either during or within thirty days after the completion of his or her deployment.

              2. Notwithstanding any provisions of sections 288.010 to 288.500, any war on terror veteran shall be entitled to receive unemployment compensation benefits under this chapter. A war on terror veteran shall be entitled to a maximum weekly benefit of eight percent of the wages paid to the war on terror veteran during that quarter during which the war on terror veteran earned the highest amount within the five quarters during which the war on terror veteran received wages before deployment. The maximum amount of a maximum weekly benefit shall be one thousand one hundred fifty-three dollars and sixty-four cents, annually adjusted by the consumer price index.

              3. A war on terror veteran shall be entitled to a maximum weekly benefit for twenty-six weeks.

              4. Any employer who is found in any Missouri court or United States district court located in Missouri to have terminated, demoted, or taken an adverse employment action against a war on terror veteran due to his or her absence while deployed shall be subject to an administrative penalty as determined by the director of the Missouri division of employment security in such amount as to provide funding for this section, but in no event shall the administrative penalty exceed one hundred thousand dollars. The director shall take judicial notice of judgments in suits brought under the Uniformed Service Employment and Reemployment Rights Act (38 U.S.C. 4301). Such judgments may be considered to have a res judicata effect on the director's determination.

              5. A war on terror veteran shall not be considered to have voluntarily quit his or her employment if he or she is not offered the same wages, benefits, and similar work schedule upon his or her return after deployment.

              6. There is hereby created in the state treasury the “War on Terror Unemployment Compensation Fund”, which shall consist of money collected under this section. The state treasurer shall be custodian of the fund and shall approve disbursements from the fund in accordance with section 30.170 and 30.180, RSMo. Upon appropriation, money in the fund shall be used solely for the administration of this section. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and money earned on such investments shall be credited to the fund.

              7. The division of employment security may promulgate rules to enforce this section. 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, 2006, shall be invalid and void.”; and


              Further amend the title and enacting clause accordingly.


Senate Amendment No. 12


AMEND Senate Substitute No. 2 for Senate Committee Substitute for House Committee Substitute for House Bill No. 1456, Page 86, Section 290.595, Lines 8-13, by striking all of said section from the bill; and


              Further amend the title and enacting clause accordingly.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SS SCS HCS HBs 1698, 1236, 995, 1362 & 1290, as amended, and grants the House a conference thereon.


            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 SS SCS HCS HBs 1698, 1236, 995, 1362 & 1290, as amended: Senators Bartle, Koster, Gibbons, Days and Callahan.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the conferees on HCS SCS SB 756 are allowed to exceed the differences only to make technical corrections to allow the insertion of the missing line regarding licensed professional counselors.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SS SCS SB 832, as amended, and requests the House to recede from its position and failing to do so grant the Senate a conference thereon.


            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 1017, as amended: Senators Clemens, Stouffer, Mayer, Green and Wheeler.


BILLS CARRYING REQUEST MESSAGES


            HCS SS SB 696, as amended, relating to economic development projects, was taken up by Representative Flook.


            Representative Flook moved that the House refuse to recede from its position on HCS SS SB 696, as amended, and grant the Senate a conference.


            Which motion was adopted.


            HCS SS SCS SB 832, as amended, relating to tax increment financing, was taken up by Representative Johnson (47).


            Representative Johnson (47) moved that the House refuse to recede from its position on HCS SS SCS SB 832, as amended, and grant the Senate a conference.


            Which motion was adopted.




HOUSE BILL WITH SENATE AMENDMENTS


            SS#2 SCS HCS HB 1456, as amended, relating to employment security, was taken up by Representative Roark.


            Representative Roark moved that the House refuse to adopt SS#2 SCS HCS HB 1456, as amended, and request the Senate to recede from its position and, failing to do so, grant the House a conference.


            Which motion was adopted.


THIRD READING OF SENATE BILLS


            SCS SB 1008, relating to the Council on Agricultural Science and Technology, was taken up by Representative Myers.


            Representative Myers offered House Amendment No. 1.


House Amendment No. 1


AMEND Senate Committee Substitute for Senate Bill No. 1008, Page 1, Section 620.1500, Lines 3 & 4, by deleting said lines and inserting in lieu thereof the following:


              Science and Technology”. The council shall consist of seven members. Two members shall be Missouri farmers, of which one member shall be a Missouri grain producer and one member shall be a Missouri livestock producer. The members of the council shall be appointed by and serve”; and


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


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


            On motion of Representative Myers, SCS SB 1008, 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

Bogetto

Bowman

Boykins

Bringer

Brooks

Brown 50

Bruns

Burnett

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Curls

Dake

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Frame

Franz

Fraser

George

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

Marsh

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

Salva

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoemehl

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

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: 006

 

 

 

 

 

 

Bean

Brown 30

Corcoran

Spreng

Storch

Walton

 

 

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            HCS SB 1103, relating to health insurance coverage, was taken up by Representative Cooper (120).


            HCS SB 1103 was laid over.


REFERRAL OF SENATE BILLS


            The following Senate Bills were referred to the Committee indicated:


HCS SCS SB 616 - Fiscal Review (Fiscal Note)

HCS#2 SCS SB 1221 - Fiscal Review (Fiscal Note)


SUPPLEMENTAL CALENDAR


MAY 9, 2006


SENATE BILLS FOR THIRD READING


1          HCS SS SCS SB 953 - Dempsey

2          HCS SCS SB 616, (Fiscal Review 5-9-06) - Bruns

3          HCS SS SB 1058, E.C. - Pratt

4          HCS SS SCS SB 904 - Lembke


            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. 3356

                        and

            House Resolution No. 3357 - Representative Smith (150)

            House Resolution No. 3358 - Representative Munzlinger

            House Resolution No. 3359

                        and

            House Resolution No. 3360 - Representative Kuessner

            House Resolution No. 3361 - Representative Fisher

            House Resolution No. 3362 - Representative Cunningham (145)

            House Resolution No. 3363

                        and

            House Resolution No. 3364 - Representative Fraser

            House Resolution No. 3365

                        through

            House Resolution No. 3368 - Representative Johnson (61)

            House Resolution No. 3369 - Representative Munzlinger

            House Resolution No. 3370 - Representative Wood

            House Resolution No. 3371 - Representative Black

            House Resolution No. 3372 - Representative Wilson (119)

            House Resolution No. 3373 - Representative Baker (123)

            House Resolution No. 3374 - Representative Pearce

            House Resolution No. 3375 - Representatives Bruns and Scharnhorst

            House Resolution No. 3376 - Representative Cunningham (145)

            House Resolution No. 3377 - Representatives Cunningham (145) and Dixon

            House Resolution No. 3378

                        through

            House Resolution No. 3381 - Representative Bearden

            House Resolution No. 3382 - Representative Hughes


COMMITTEE REPORT


            Committee on Fiscal Review, Chairman Guest reporting:


            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS SCS SB 925 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.




THIRD READING OF SENATE BILLS


            SS SB 1066, relating to telecommunication companies, was taken up by Representative Rector.


            On motion of Representative Rector, SS SB 1066 was truly agreed to and finally passed by the following vote:


AYES: 142

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bogetto

Bowman

Bringer

Brown 50

Bruns

Burnett

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Dake

Daus

Davis

Day

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Frame

Franz

Fraser

George

Guest

Harris 23

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Ruestman

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoemehl

Shoemyer

Silvey

Skaggs

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Sutherland

Swinger

Threlkeld

Tilley

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 004

 

 

 

 

 

 

 

 

 

Darrough

Harris 110

Salva

Wildberger

 

 

 

 

 

 

PRESENT: 004

 

 

 

 

 

 

 

 

 

Brooks

Lowe 44

Oxford

Whorton

 

 

 

 

 

 

ABSENT WITH LEAVE: 012

 

 

 

 

 

 

Avery

Bean

Boykins

Brown 30

Deeken

Kelly

Rucker

Self

Spreng

Storch

Viebrock

Wright-Jones

 

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            HCS SB 1124, relating to professional registration, was taken up by Representative Behnen.


            Representative Cooper (120) assumed the Chair.


            Representative Behnen offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for Senate Bill No. 1124, Page 11, Section 317.015, Line 43, by striking the “[“ on said line; and


              Further amend said page and section, Lines 49 through 64, by striking all of said lines and inserting in lieu thereof the following “person’s license.”; and


              Further amend said substitute, Page 55, Section 332.052, Line 5, by striking the following from said line “the longer of”; and


              Further amend said page and section, Line 7, by striking the word “five” and inserting in lieu thereof the word “seven”; and


              Further amend said substitute, Page 58, Section 334.104, Line 44, by inserting immediately after said line the following:


              5. Within thirty days of any change and on each renewal, the state board of registration for the healing arts shall require every physician to identify whether the physician is engaged in any collaborative practice agreement or physician assistant agreement and also report to the board the name of each licensed professional with whom the physician has entered into such agreement. The board may make this information available to the public. The board shall track the reported information and may routinely conduct random reviews of such agreements to ensure that agreements are carried out for compliance under this chapter.”; and


              Further amend said page and section, Line 45, by striking the number “5" and inserting in lieu thereof the number “6"; and


              Further amend said section, Page 59, Line 52, by striking the number “6" and inserting in lieu thereof the number “7"; and

 

              Further amend said substitute, Page 62, Section 334.735, Line 38, by striking the word “supervision” and inserting in lieu thereof the word “supervising”; and


              Further amend said section and page, Line 39, by inserting immediately before the “,” on said line the following “assistant”; and


              Further amend said section, Page 63, Line 89, by striking the word “supervision” and inserting in lieu thereof the word “supervising”; and


              Further amend said section, Page 64, Line 112, by inserting immediately before the word “shall” on said line the following “assistant”; and


              Further amend said substitute, Page 77, Sections 337.500, 337.505, 337.507, 337.510, 337.520, 337.525, 337.530, 337.545, 337.550 and 337.555, by striking all of said sections; and


              Further amend said substitute, Page 93, Sections 337.700, 337.703, 337.709, 337.712, 337.715, 337.718, 337.727, 337.733 and 337.736, by striking all of said sections; and


              Further amend said substitute, Page 106, Sections 339.010, 339.040 and 339.100, by striking all of said sections; and


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


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


            Representative Harris (23) requested a division of the question on HCS SB 1124.


            The division of the question was denied by the Chair.


            Representative Wright (137) assumed the Chair.


            Representative Cooper (120) offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for Senate Bill No. 1124, Page 32, Section 319.339, Lines 29 and 30, by deleting all of said lines and inserting in lieu thereof the following:


              "3. Any municipality or county may by ordinance:"; and


              Further amend said bill, Page 150, Section 660.315, Line 102, by inserting after all of said line the following:


              Section 1. Notwithstanding any provision of section 701.025 to 701.059 or of any rule or regulation promulgated thereunder to the contrary, unless continuing education units are provided in the county in which a person registered resides or offered on the internet, the person shall not be required to complete continuing education units as a prerequisite for renewal of the person’s registration under sections 701.025 to 701.059 or any rule or regulation promulgated thereunder. Any instructor of the continuing education units shall have a minimum of ten years experience of actual installation of industry products.”; and


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


            On motion of Representative Cooper (120), House Amendment No. 2 was adopted.


            Representative Bearden offered House Amendment No. 3.


House Amendment No. 3


AMEND House Committee Substitute for Senate Bill No. 1124, Page 33, Section 319.339, Line 76, by inserting after the number “319.339" the following:


              , unless such ordinance, order, permit, or regulation, in effect as of April 5, 2006, shall be used exclusively to regulate the use of explosives at the site of a quarry in any county with a charter form of government and with more than two hundred fifty thousand but fewer than three hundred fifty thousand inhabitants. For purposes of this section, quarry shall include any place where rock, ore, stone, or similar materials are excavated for sale of off-premise use. A quarry shall not include the removal or relocation of rock, stone, or earth incidental to the construction of residential, commercial, or industrial buildings”; and


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


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


            Representative Cooper (120) offered House Amendment No. 4.


House Amendment No. 4


AMEND House Committee Substitute for Senate Bill No. 1124, Page 17, Section 319.306, Line 78, by striking the following:


              “, or in lieu thereof, a civil penalty assessed;”; and


              Further amend said section, Page 19, Line 128, by striking “1995" and inserting in lieu thereof the following:


              2000"; and


              Further amend said section, Page 22, Line 234, by striking “Part 76" and inserting in lieu thereof the following:


              Part 75"; and


              Further amend said substitute, Page 26, Section 319.318, Line 45, by striking “319.319" and inserting in lieu thereof the following:


              319.339"; and


              Further amend said substitute, Page 27, Section 319.321, Line 19, by striking “Part 76" and inserting in lieu thereof the following:


              Part 75"; and


              Further amend said substitute, Page 31, Section 319.339, Line 2, by striking “political subdivision” and inserting in lieu thereof the following:


              municipality”; and


              Further amend said section, Page 32, Line 21, by striking the following: “political subdivision” and inserting in lieu thereof the following:


              municipality”; and


              Further amend said page and section, Lines 29 and 30, by striking all of said lines and inserting in lieu thereof the following:


              3. Any municipality or county by ordinance:”; and


              Further amend said section, Page 33, Line 50, by inserting immediately after the word “municipal” the following:


              or county”; and


              Further amend said page and section, Line 51, by inserting after the word “municipality” the following:


              or county”; and


              Further amend said page and section, Line 54, by inserting after the word “municipality” the following:


              , county”; and


              Further amend said page and section, Line 63, by inserting immediately after the word “municipality” the following:


              , county”; and


              Further amend said page and section, Lines 72 and 73, by striking the following:


              “or other political subdivisions”; and


              Further amend said page and section, Line 74, by striking the following:


              “or other political subdivision”; and


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


            On motion of Representative Cooper (120), House Amendment No. 4 was adopted.


            Representative Burnett offered House Amendment No. 5.


House Amendment No. 5


AMEND House Committee Substitute for Senate Bill No. 1124, Page 150, Section 660.315, Line 102, by inserting immediately after said line the following:

 

              "Section 1. Notwithstanding any other provision of law to the contrary, any qualified health care professional who is legally authorized to practice pursuant to the laws of another state may practice in this state for a period not to exceed three days in any one calendar year without examination or payment of fees if such medical services are provided to any participant, official, volunteer, or spectator of the “Susan G. Komen Breast Cancer Walk” held in a home rule city with more than four hundred thousand inhabitants located in more than one county."; and


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


            On motion of Representative Burnett, House Amendment No. 5 was adopted.


            Representative Meadows offered House Amendment No. 6.


House Amendment No. 6


AMEND House Committee Substitute for Senate Bill No. 1124, Section 335.068, Page 76, Line 10, by inserting the year, "2006" immediately after the words, "August 28,"; and


              Further amend said section, Page 76, Line 11, by inserting an open bracket "[" before the year, "1999"; and


               Further amend said line, by inserting a closed bracket "]" after the year, "1999"; and


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


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


            Representative Page offered House Amendment No. 7.




House Amendment No. 7


AMEND House Committee Substitute for Senate Bill No. 1124, Page 102, Section 338.010, Line 8, by striking all of said line and inserting in lieu thereof the following:


              and administration of viral influenza vaccines by written protocol authorized by a physician for persons over the age of twelve as authorized by rules; the”; and


              Further amend said page and section, Line 42, by inserting immediately after the word “services” on said line the following:


              and administration of viral influenza vaccines”; and


              Further amend said section, Page 103, Line 48, by inserting immediately after the word “services” on said line the following:


              and administration of viral influenza vaccines”; and


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


            On motion of Representative Page, House Amendment No. 7 was adopted.


            Representative Sater offered House Amendment No. 8.


House Amendment No. 8


AMEND House Committee Substitute for Senate Bill No. 1124, Page 64, Section 334.735, Line 114, by inserting immediately after the word “hours” the following:


              in non healthcare provider shortage areas and in healthcare provider shortage areas where the supervising physician practices at least thirty percent of clinic hours”; and


              Further amend said page and section, Line 125, by inserting immediately after the word “as” the word “a”; and

              Further amend said page and section, Line 126, by deleting the word “information” and inserting in lieu thereof the following:


              provision”; and


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


            Representative Portwood offered House Substitute Amendment No. 1 for House Amendment No. 8.


House Substitute Amendment No. 1

for

House Amendment No. 8


AMEND House Committee Substitute for Senate Bill No. 1124, Page 62, Section 334.735, Line 36, by deleting the word “thirty” and inserting in lieu thereof the word “twenty five”; and

 



              Further amend said bill, Page 64, Section 334.735, Line 114, by inserting immediately after the word “hours” the following:


              in non healthcare provider shortage areas and in healthcare provider shortage areas where the supervising physician practices at least thirty percent of clinic hours”; and


              Further amend said page and section, Line 125, by inserting immediately after the word “as” the word “a”; and

              Further amend said page and section, Line 126, by deleting all of said line and inserting in lieu thereof the following:


              three licensed physician assistants at one time. This provision shall not apply to physician assistant”; and


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


            Representative Tilley offered House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 8.


House Amendment No. 1

to

House Substitute Amendment No. 1

for

House Amendment No. 8


AMEND House Substitute Amendment No. 1 for House Amendment No. 8 to House Committee Substitute for Senate Bill No. 1124, Line 2, by striking the words “twenty five” and inserting in lieu thereof the words “thirty three”; and


              Further amend said amendment, Line 6, by inserting immediately after the word “thirty” the following:


              three”; and


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


            On motion of Representative Tilley, House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 8 was adopted.


            On motion of Representative Portwood, House Substitute Amendment No. 1 for House Amendment No. 8, as amended, was adopted.


            Representative Tilley offered House Amendment No. 9.


House Amendment No. 9


AMEND House Committee Substitute for Senate Bill No. 1124, Page 106, Section 338.220, Line 31, by inserting after all of said line the following:


              "338.380. 1. As used in this section the term "committee" means the well-being committee established under subsection 3 of this section.

              2. The board may refuse to issue any certificate of registration or authority, permit or license, required under this chapter for one or any combination of causes stated in subsection 2 of section 338.055, or the board may, as a condition to issuing or renewing any such certificate of registration or authority, permit or license, require a person to submit himself or herself for identification, intervention, treatment, or rehabilitation by the well-being committee as provided in this section. The board shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of his or her right to file a complaint with the administrative hearing commission as provided by chapter 621, RSMo.

              3. 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.

              4. 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.

              5. 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 only be subject to discovery or introduction as evidence in any civil, criminal, or administrative proceedings except as provided in subsection 6 of this section.

              6. 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;

              (4) The information is subject to a court order.

              7. 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.

              8. 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.

              9. 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.

              10. 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, 2006, shall be invalid and void."; and


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


            On motion of Representative Tilly, House Amendment No. 9 was adopted.


            Representative Stevenson offered House Amendment No. 10.


House Amendment No. 10


AMEND House Committee Substitute for Senate Bill No. 1124, Page 1, In the Title, Line 4, by deleting the section number "334.104,"; and


              Further amend said bill, Page 1, In the Title, Line 11, by deleting the word "thirty-eight" and inserting in lieu thereof the word "thirty-seven"; and


              Further amend said bill, Page 1, Section A, Line 3, by deleting the section number "334.104,"; and


              Further amend said bill, Page 2, Section A, Line 9, by deleting the word "thirty-eight" and inserting in lieu thereof the word "thirty-seven"; and


              Further amend said bill, Page 2, Section A, Line 17, by deleting the section number "334.104,"; and


              Further amend said bill, Pages 57 to 59, Section 334.104, Lines 1 to 53, by deleting all of said lines; and


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


            HCS SB 1124, as amended, with House Amendment No. 10, pending, was laid over.


            Speaker Pro Tem Bearden resumed the Chair.


MOTION


            Representative Johnson (47) moved that Rule 23 be suspended.


            Which motion was adopted by the following vote:


AYES: 145

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bogetto

Bowman

Boykins

Bringer

Brooks

Brown 50

Bruns

Burnett

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Dake

Darrough

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Frame

Franz

Fraser

George

Guest

Harris 110

Haywood

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

Liese

Lipke

Loehner

Lowe 44

Marsh

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Salva

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoemehl

Self

Shoemyer

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

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: 010

 

 

 

 

 

 

 

 

 

Chappelle-Nadal

Daus

Donnelly

Harris 23

Henke

Johnson 61

LeVota

Low 39

Skaggs

Wright-Jones

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Bean

Brown 30

May

Richard

Silvey

Spreng

Storch

 

 

 

 

 

 

 

 

VACANCIES: 001


THIRD READING OF SENATE BILL


            HCS SB 1103, relating to health insurance coverage, was taken up by Representative Cooper (120).


            Representative Cooper (120) offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for Senate Bill No. 1103, Section 1, Page 3, Line 8, by inserting after all of said line the following:


              "Section 2. 1. Effective July 1, 2007, as such terms are defined in section 376.1350, a health carrier providing a group benefit plan or plans to an employer who meets the requirements of subsection 2 of this section shall, upon request by the employer or employer's producer of record, provide a report of the total dollar amount and total number of claims paid under the plan or plans for each of the prior three years or for each year coverage was in place if less than three years at the time of the request. In the case of an employer with multiple plans, the total dollar amounts shall be aggregated into one report. The report shall be provided within thirty days of the request. The information provided to the employer or the employer's producer of record shall be furnished in a manner that does not individually identify any employee or other person covered by the health benefit plan and shall comply with all applicable federal and state privacy laws regarding the disclosure of health records.

              2. For purposes of subsection 1 of this section, an employer is one who:

              (1) Employs at least fifty-one employees either at the time of the request or at the start of the reporting period; and

              (2) Has been insured continuously with the health carrier or a carrier affiliated with the health carrier for at least the preceding twenty-two months.”; and

              

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


            On motion of Representative Cooper (120), House Amendment No. 1 was adopted.


            Representative Cooper (155) offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for Senate Bill No. 1103, Pages 1-2, Section 191.890, by deleting all of said section.


            On motion of Representative Cooper (155), House Amendment No. 2 was adopted by the following vote:


AYES: 098

 

 

 

 

 

 

 

 

 

Aull

Baker 123

Bearden

Behnen

Black

Bringer

Brown 50

Bruns

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Curls

Dake

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fisher

Frame

Franz

Guest

Harris 110

Hobbs

Hoskins

Hubbard

Icet

Jackson

Johnson 47

Jones

Kelly

Kingery

Kratky

Lager

Lembke

Liese

Lipke

Loehner

Marsh

May

Meadows

Moore

Munzlinger

Muschany

Myers

Nieves

Nolte

Parson

Pearce

Phillips

Pollock

Portwood

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Ruestman

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Self

Shoemyer

Silvey

Smith 14

Smith 118

Smith 150

Stevenson

Sutherland

Swinger

Tilley

Viebrock

Wagner

Wallace

Walton

Wells

Weter

Whorton

Witte

Wood

Wright 137

Wright 159

Yaeger

Mr Speaker

 

 

 

 

 

 

 

NOES: 051

 

 

 

 

 

 

 

 

 

Avery

Baker 25

Bivins

Bland

Bogetto

Bowman

Boykins

Brooks

Burnett

Chappelle-Nadal

Corcoran

Darrough

Daus

Davis

Donnelly

Dougherty

Fares

Flook

Fraser

George

Harris 23

Haywood

Hughes

Johnson 61

Jolly

Kraus

Lampe

LeVota

Low 39

Lowe 44

McGhee

Meiners

Nance

Oxford

Page

Parker

Pratt

Salva

Schoemehl

Skaggs

St. Onge

Villa

Walsh

Wasson

Wildberger

Wilson 119

Wilson 130

Wright-Jones

Yates

Young

Zweifel

 

 

 

 

 

 

 

 

 

PRESENT: 006

 

 

 

 

 

 

 

 

 

Cunningham 86

El-Amin

Henke

Johnson 90

Kuessner

Threlkeld

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Bean

Brown 30

Hunter

Rucker

Spreng

Storch

Vogt

 

 

 

 

 

 

 

 

VACANCIES: 001


            HCS HB 1103, as amended, was laid over.


            HCS SS SCS SB 894, with House Amendment No. 1, pending, relating to educational standards and guidelines, was again taken up by Representative Muschany.


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


AYES: 095

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Behnen

Bivins

Black

Bruns

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

Hobbs

Hoskins

Hubbard

Icet

Jackson

Jones

Kelly

Kingery

Kraus

Lager

Lembke

Lipke

Loehner

Marsh

May

McGhee

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Ruestman

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Self

Silvey

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Sutherland

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

NOES: 062

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bogetto

Bowman

Boykins

Bringer

Brooks

Brown 50

Burnett

Casey

Chappelle-Nadal

Corcoran

Curls

Dake

Darrough

Daus

Donnelly

El-Amin

Frame

Fraser

George

Harris 23

Harris 110

Haywood

Henke

Hughes

Johnson 47

Johnson 61

Johnson 90

Jolly

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

Meadows

Meiners

Oxford

Page

Robinson

Roorda

Rucker

Salva

Schoemehl

Shoemyer

Skaggs

Swinger

Villa

Vogt

Wagner

Walsh

Walton

Whorton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 005

 

 

 

 

 

 

Bean

Brown 30

Hunter

Spreng

Storch

 

 

 

 

 

VACANCIES: 001


            Representative El-Amin offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 894, Page 6, Section 1, Line 16, by inserting immediately after all of said line the following:


              Section 2. 1. In any city not within a county where a child under the age of seventeen required to attend school under section 167.031 accumulates fifteen or more absences during any one school year, the child's school district shall report such absences to the division of family services, children's division, within ten business days of the fifteenth day of absence. Such notification, which shall be in written form and retained in the student's school records, shall include:

              (1) The student's full name and parents' or guardians' full names;

              (2) The addresses and phone numbers of the student and parents or guardians;

              (3) The student's date of birth and age;

              (4) The student's current school and grade level;

              (5) The student's current grades for all classes in which the student is enrolled; and

              (6) The total number of days missed and specific days missed from school.

              2. Upon receipt of a report of the absences of a child under this section, the children's division shall notify the child's parent or guardian that the child has accumulated fifteen or more absences and such report may be subject to the educational neglect provisions under section 210.145, RSMo. The notification required under this section is required regardless of whether a student's parent or guardian contacted the school and approved of the absences.”; and


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


            On motion of Representative El-Amin, House Amendment No. 2 was adopted.


            Representative Chinn offered House Amendment No. 3.


House Amendment No. 3


AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 894, Section 160.775, Page 1, Line 1, by inserting before said section, the following:


              "160.745. 1. This act shall be known as "The Founding Documents Protection Act".

              2. No teacher, administrator, or school board in any public school district in this state shall be prohibited from reading or posting in a public school building, classroom, or at a school event any excerpts or portions of the following:

              (1) The preamble to the Missouri Constitution;

              (2) The Declaration of Independence;

              (3) The Constitution of the United States of America;

              (4) The Mayflower Compact;

              (5) The national motto;

              (6) The national anthem;

              (7) The Pledge of Allegiance;

              (8) The writings, speeches, documents, and proclamations of the founding fathers and Presidents of the United States of America;

              (9) The writings, speeches, and documents relating to civil rights leaders of the United States of America;

              (10) The writings, speeches, and documents relating to the signers of the Declaration of Independence and the Constitution of the United States of America;

              (11) The decisions of the Supreme Court of the United States of America; and

              (12) Acts of the Congress of the United States of America, including the published text of the Congressional Record.

              3. There shall be no content-based censorship of American history or heritage in the state of Missouri based on religious references in the writings, documents, and records specified in this section.”; and


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


            Representative Skaggs 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.


            House Amendment No. 3 was withdrawn.


            Representative Pratt offered House Amendment No. 4.


House Amendment No. 4


AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 894, Page 6, Section 1, Line 16, by inserting after said line the following:


              "Section 2. 1. As used in this section, "automated external defibrillator" means a specialized defibrillator that is approved for use as a medical device by the United States Food and Drug Administration for performing automated external defibrillation.

              2. The board of education of each school district shall require the placement of an automated external defibrillator in each high school under the control of the board. Where a school-sponsored competitive athletic event is held at a site other than a public school facility, the public school officials may ensure that such automated external defibrillator is available for use at the site. The board shall require that a sufficient number of the staff persons assigned to each high school under the control of the board successfully complete an appropriate training course in the use of an automated external defibrillator as described in section 190.092, RSMo.

              3. In regard to the use of an automated external defibrillator that is placed in a high school as specified in this section, and except in the case of willful or wanton misconduct or when there is no good faith attempt to activate an emergency medical services system in accordance with section 190.092, RSMo, no person shall be held liable in civil damages for injury, death, or loss to person or property, or held criminally liable, for performing automated external defibrillation in good faith, regardless of whether the person has obtained appropriate training on how to perform automated external defibrillation or successfully completed a course in cardiopulmonary resuscitation. The school district or school where the automated external defibrillator is located shall likewise not be held liable for damages resulting from the use of an automated external defibrillator, provided that all other requirements of section 190.092, RSMo, have been met."; and


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


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


            Representative Wallace offered House Amendment No. 5.


House Amendment No. 5


AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 894, Page 1, In the Title, Line 2, by deleting all of said line and inserting in lieu thereof the following:


              "To repeal section 167.231, RSMo, and sections 163.021 and 163.031 as enacted by conference committee substitute for house committee"; and


              Further amend said bill, Page 1, Section A, Line 1, by deleting all of said line and inserting in lieu thereof the following:


              "Section A. Section 167.231, RSMo, and sections 163.021 and 163.031 as enacted by conference committee substitute for house"; and


              Further amend said bill, Page 6, Section 163.021, Line 71, by inserting after all of said line the following:


              "163.031. 1. The department of elementary and secondary education shall calculate and distribute to each school district qualified to receive state aid under section 163.021 an amount determined by multiplying the district's weighted average daily attendance by the state adequacy target, multiplying this product by the dollar value modifier for the district, and subtracting from this product the district's local effort and, in years not governed under subsection 4 of this section, subtracting payments from the classroom trust fund under section 163.043.

              2. Other provisions of law to the contrary notwithstanding:

              (1) For districts with an average daily attendance of more than three hundred fifty in the school year preceding the payment year:

              (a) For the 2006-07 school year, the state revenue per weighted average daily attendance received by a district from the state aid calculation under subsections 1 and 4 of this section, as applicable, and the classroom trust fund under section 163.043 shall not be less than the state revenue received by a district in the 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payment amounts multiplied by the sum of one plus the product of one-third multiplied by the remainder of the dollar value modifier minus one, and dividing this product by the weighted average daily attendance computed for the 2005-06 school year;

              (b) For the 2007-08 school year, the state revenue per weighted average daily attendance received by a district from the state aid calculation under subsections 1 and 4 of this section, as applicable, and the classroom trust fund under section 163.043 shall not be less than the state revenue received by a district in the 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payment amounts multiplied by the sum of one plus the product of two-thirds multiplied by the remainder of the dollar value modifier minus one, and dividing this product by the weighted average daily attendance computed for the 2005-06 school year;

              (c) For the 2008-09 school year, the state revenue per weighted average daily attendance received by a district from the state aid calculation under subsections 1 and 4 of this section, as applicable, and the classroom trust fund under section 163.043 shall not be less than the state revenue received by a district in the 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payment amounts multiplied by the dollar value modifier, and dividing this product by the weighted average daily attendance computed for the 2005-06 school year;

              (d) For each year subsequent to the 2008-09 school year, the amount shall be no less than that computed in paragraph (c) of this subdivision, multiplied by the weighted average daily attendance pursuant to section 163.036, less any increase in revenue received from the classroom trust fund under section 163.043;

              (2) For districts with an average daily attendance of three hundred fifty or less in the school year preceding the payment year:

              (a) For the 2006-07 school year, the state revenue received by a district from the state aid calculation under subsections 1 and 4 of this section, as applicable, and the classroom trust fund under section 163.043 shall not be less than the greater of state revenue received by a district in the 2004-05 or 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payment amounts multiplied by the sum of one plus the product of one-third multiplied by the remainder of the dollar value modifier minus one;

              (b) For the 2007-08 school year, the state revenue received by a district from the state aid calculation under subsections 1 and 4 of this section, as applicable, and the classroom trust fund under section 163.043 shall not be less than the greater of state revenue received by a district in the 2004-05 or 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payment amounts multiplied by the sum of one plus the product of two-thirds multiplied by the remainder of the dollar value modifier minus one;

              (c) For the 2008-09 school year, the state revenue received by a district from the state aid calculation under subsections 1 and 4 of this section, as applicable, and the classroom trust fund under section 163.043 shall not be less than the greater of state revenue received by a district in the 2004-05 or 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payment amounts multiplied by the dollar value modifier;

              (d) For each year subsequent to the 2008-09 school year, the amount shall be no less than that computed in paragraph (c) of this subdivision;

              (3) The department of elementary and secondary education shall make an addition in the payment amount specified in subsection 1 of this section to assure compliance with the provisions contained in this subsection.

              3. School districts that meet the requirements of section 163.021 shall receive categorical add-on revenue as provided in this subsection. The categorical add-on for the district shall be the sum of: seventy-five percent of the district allowable transportation costs under section 163.161; the career ladder entitlement for the district, as provided for in sections 168.500 to 168.515, RSMo; the vocational education entitlement for the district, as provided for in section 167.332, RSMo; and the district educational and screening program entitlements as provided for in sections 178.691 to 178.699, RSMo. The categorical add-on revenue amounts may be adjusted to accommodate available appropriations.

              4. In the 2006-07 school year and each school year thereafter for five years, those districts entitled to receive state aid under the provisions of subsection 1 of this section shall receive state aid in an amount as provided in this subsection.

              (1) For the 2006-07 school year, the amount shall be fifteen percent of the amount of state aid calculated for the district for the 2006-07 school year under the provisions of subsection 1 of this section, plus eighty-five percent of the total amount of state revenue received by the district for the 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payments less any amounts received under section 163.043.

              (2) For the 2007-08 school year, the amount shall be thirty percent of the amount of state aid calculated for the district for the 2007-08 school year under the provisions of subsection 1 of this section, plus seventy percent of the total amount of state revenue received by the district for the 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payments less any amounts received under section 163.043.

              (3) For the 2008-09 school year, the amount of state aid shall be forty-four percent of the amount of state aid calculated for the district for the 2008-09 school year under the provisions of subsection 1 of this section plus fifty-six percent of the total amount of state revenue received by the district for the 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payments less any amounts received under section 163.043.

              (4) For the 2009-10 school year, the amount of state aid shall be fifty-eight percent of the amount of state aid calculated for the district for the 2009-10 school year under the provisions of subsection 1 of this section plus forty-two percent of the total amount of state revenue received by the district for the 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payments less any amounts received under section 163.043.

              (5) For the 2010-11 school year, the amount of state aid shall be seventy-two percent of the amount of state aid calculated for the district for the 2010-11 school year under the provisions of subsection 1 of this section plus twenty-eight percent of the total amount of state revenue received by the district for the 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payments less any amounts received under section 163.043.

              (6) For the 2011-12 school year, the amount of state aid shall be eighty-six percent of the amount of state aid calculated for the district for the 2011-12 school year under the provisions of subsection 1 of this section plus fourteen percent of the total amount of state revenue received by the district for the 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payments less any amounts received under section 163.043.

              (7) (a) Notwithstanding subdivision (18) of section 163.011, the state adequacy target may not be adjusted downward to accommodate available appropriations in any year governed by this subsection.

              (b) a. For the 2006-07 school year, if a school district experiences a decrease in summer school average daily attendance of more than fifteen percent from the district's 2005-06 summer school average daily attendance [in any year governed by this subsection], an amount equal to the product of the percent reduction [in] that is in excess of fifteen percent of the district's summer school average daily attendance multiplied by the funds generated by the district's summer school program in the 2005-06 school year shall be subtracted from the district's current year payment amount.

              b. For the 2007-08 school year, if a school district experiences a decrease in summer school average daily attendance of more than thirty percent from the district's 2005-06 summer school average daily attendance, an amount equal to the product of the percent reduction that is in excess of thirty percent of the district's summer school average daily attendance multiplied by the funds generated by the district's summer school program in the 2005-06 school year shall be subtracted from the district's payment amount.

              c. For the 2008-09 school year, if a school district experiences a decrease in summer school average daily attendance of more than forty-four percent from the district's 2005-06 summer school average daily attendance, an amount equal to the product of the percent reduction that is in excess of forty-four percent of the district's summer school average daily attendance multiplied by the funds generated by the district's summer school program in the 2005-06 school year shall be subtracted from the district's payment amount.

              d. For the 2009-10 school year, if a school district experiences a decrease in summer school average daily attendance of more than fifty-eight percent from the district's 2005-06 summer school average daily attendance, an amount equal to the product of the percent reduction that is in excess of fifty-eight percent of the district's summer school average daily attendance multiplied by the funds generated by the district's summer school program in the 2005-06 school year shall be subtracted from the district's payment amount.

              e. For the 2010-11 school year, if a school district experiences a decrease in summer school average daily attendance of more than seventy-two percent from the district's 2005-06 summer school average daily attendance, an amount equal to the product of the percent reduction that is in excess of seventy-two percent of the district's summer school average daily attendance multiplied by the funds generated by the district's summer school program in the 2005-06 school year shall be subtracted from the district's payment amount.

              f. For the 2011-12 school year, if a school district experiences a decrease in summer school average daily attendance of more than eighty-six percent from the district's 2005-06 summer school average daily attendance, an amount equal to the product of the percent reduction that is in excess of eighty-six percent of the district's summer school average daily attendance multiplied by the funds generated by the district's summer school program in the 2005-06 school year shall be subtracted from the district's payment amount.

              g. Notwithstanding the provisions of this paragraph, no such reduction shall be made in the case of a district receiving a payment under section 163.044 or any district whose regular school term average daily attendance for the preceding year was three hundred fifty or less.

              h. This paragraph shall not be construed to permit any reduction applied under this paragraph to result in any district receiving a current-year payment that is less than the amount calculated for such district under subsection 2 of this section.

              (c) If a school district experiences a decrease in its gifted program enrollment of more than twenty percent from its 2005-06 gifted program enrollment in any year governed by this subsection, an amount equal to the product of the percent reduction in the district's gifted program enrollment multiplied by the funds generated by the district's gifted program in the 2005-06 school year shall be subtracted from the district's current year payment amount.

              5. For any school district meeting the eligibility criteria for state aid as established in section 163.021, but which is considered an option district under section 163.042 and therefore receives no state aid, the commissioner of education shall present a plan to the superintendent of the school district for the waiver of rules and the duration of said waivers, in order to promote flexibility in the operations of the district and to enhance and encourage efficiency in the delivery of instructional services as provided in section 163.042.

              6. (1) No less than seventy-five percent of the state revenue received under the provisions of subsections 1, 2, and 4 of this section shall be placed in the teachers' fund, and the remaining percent of such moneys shall be placed in the incidental fund. No less than seventy-five percent of one-half of the funds received from the school district trust fund distributed under section 163.087 shall be placed in the teachers' fund. One hundred percent of revenue received under the provisions of section 163.161 shall be placed in the incidental fund. One hundred percent of revenue received under the provisions of sections 168.500 to 168.515, RSMo, shall be placed in the teachers' fund.

              (2) A school district shall spend for certificated compensation and tuition expenditures each year:

              (a) An amount equal to at least seventy-five percent of the state revenue received under the provisions of subsections 1, 2, and 4 of this section;

              (b) An amount equal to at least seventy-five percent of one-half of the funds received from the school district trust fund distributed under section 163.087 during the preceding school year; and

              (c) Beginning in fiscal year 2008, as much as was spent per the second preceding year's weighted average daily attendance for certificated compensation and tuition expenditures the previous year from revenue produced by local and county tax sources in the teachers' fund, plus the amount of the incidental fund to teachers' fund transfer calculated to be local and county tax sources by dividing local and county tax sources in the incidental fund by total revenue in the incidental fund.


In the event a district fails to comply with this provision, the amount by which the district fails to spend funds as provided herein shall be deducted from the district's state revenue received under the provisions of subsections 1, 2, and 4 of this section for the following year, provided that the state board of education may exempt a school district from this provision if the state board of education determines that circumstances warrant such exemption.

              7. If a school district's annual audit discloses that students were inappropriately identified as eligible for free and reduced lunch, special education, or limited English proficiency and the district does not resolve the audit finding, the department of elementary and secondary education shall require that the amount of aid paid pursuant to the weighting for free and reduced lunch, special education, or limited English proficiency in the weighted average daily attendance on the inappropriately identified pupils be repaid by the district in the next school year and shall additionally impose a penalty of one hundred percent of such aid paid on such pupils, which penalty shall also be paid within the next school year. Such amounts may be repaid by the district through the withholding of the amount of state aid.


              167.231. 1. Within all school districts except metropolitan districts the board of education shall provide transportation to and from school for all pupils living more than three and one-half miles from school and may provide transportation for all pupils. State aid for transportation shall be paid as provided in section 163.161, RSMo, only on the basis of the cost of pupil transportation for those pupils living one mile or more from school, including transportation provided to and from publicly operated university laboratory schools. The board of education may provide transportation for pupils living less than one mile from school at the expense of the district and may prescribe reasonable rules and regulations as to eligibility of pupils for transportation, and, notwithstanding any other provision of law, no such district shall be subject to an administrative penalty when the district demonstrates pursuant to rule established by the state board of education that such students are required to cross a state highway or county arterial in the absence of sidewalks, traffic signals, or a crossing guard and that no existing bus stop location has been changed to permit a district to evade such penalty. If no increase in the tax levy of the school district is required to provide transportation for pupils living less than one mile from the school, the board may transport said pupils. If an increase in the tax levy of the school district is required to provide transportation for pupils living less than one mile from school, the board shall submit the question at a public election. If a two-thirds majority of the voters voting on the question at the election are in favor of providing the transportation, the board shall arrange and provide therefor.

              2. The proposal and the ballots may be in substantially the following form:

              Shall the board of education of the ................................................. school district provide transportation at the expense of the district for pupils living less than one mile from school and be authorized to levy an additional tax of ................ cents on the one hundred dollars assessed valuation to provide funds to pay for such transportation service?

                                                         □ YES                                                            □ NO


(If you are in favor of the proposition (or question), place an X in the box opposite "YES". If you are opposed to the proposition (or question), place an X in the box opposite "NO".)

              3. The board of education of any school district may provide transportation to and from school for any public school pupil not otherwise eligible for transportation under the provisions of state law, and may prescribe reasonable rules and regulations as to eligibility for transportation, if the parents or guardian of the pupil agree in writing to pay the actual cost of transporting the pupil. The minimum charge would be the actual cost of transporting the pupil for ninety school days, which actual cost is to be determined by the average per pupil cost of transporting children in the school district during the preceding school year. The full actual cost shall be paid by the parent or guardian of the pupil and shall not be paid out of any state school aid funds or out of any other revenues of the school district. The cost of transportation may be paid in installments, and the board of education shall establish the cost of the transportation and the time or times and method of payment."; and




              Further amend said bill, Page 6, Section B, Line 2, by deleting all of said line and inserting in lieu thereof the following:


               "schools, the repeal and reenactment of sections 163.021, 163.031, and 167.231 of section A of this act are deemed"; and


              Further amend said bill, Page 6, Section B, Line 5, by deleting all of said line and inserting in lieu thereof the following:


              "and reenactment of sections 163.021, 163.031, and 167.231 of section A of this act shall be in full force and effect on"; and


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


            Representative Schneider offered House Amendment No. 1 to House Amendment No. 5.


House Amendment No. 1

to

House Amendment No. 5


AMEND House Amendment No. 5 to House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 894, Page 1, Line 9, by inserting after all of said line the following:


              “Further amend said bill, Page 4, Section 163.021, Line 1, by inserting immediately preceding all of said line the following:


              “163.011. As used in this chapter unless the context requires otherwise:

              (1) "Adjusted operating levy", the sum of tax rates for the current year for teachers' and incidental funds for a school district as reported to the proper officer of each county pursuant to section 164.011, RSMo;

              (2) "Average daily attendance", the quotient or the sum of the quotients obtained by dividing the total number of hours attended in a term by resident pupils between the ages of five and twenty-one by the actual number of hours school was in session in that term. To the average daily attendance of the following school term shall be added the full-time equivalent average daily attendance of summer school students. "Full-time equivalent average daily attendance of summer school students" shall be computed by dividing the total number of hours attended by [all] only those summer school pupils who are attending summer school classes in the core academic areas of communication arts, mathematics, science, and social studies by the number of hours required in section 160.011, RSMo, in the school term. For purposes of determining average daily attendance under this subdivision, the term "resident pupil" shall include all children between the ages of five and twenty-one who are residents of the school district and who are attending kindergarten through grade twelve in such district. If a child is attending school in a district other than the district of residence and the child's parent is teaching in the school district or is a regular employee of the school district which the child is attending, then such child shall be considered a resident pupil of the school district which the child is attending for such period of time when the district of residence is not otherwise liable for tuition. Average daily attendance for students below the age of five years for which a school district may receive state aid based on such attendance shall be computed as regular school term attendance unless otherwise provided by law;

              (3) "Current operating expenditures":

              (a) For the fiscal year 2007 calculation, "current operating expenditures" shall be calculated using data from fiscal year 2004 and shall be calculated as all expenditures for instruction and support services except capital outlay and debt service expenditures minus the revenue from federal categorical sources; food service; student activities; categorical payments for transportation costs pursuant to section 163.161; state reimbursements for early childhood special education; the career ladder entitlement for the district, as provided for in sections 168.500 to 168.515, RSMo; the vocational education entitlement for the district, as provided for in section 167.332, RSMo; and payments from other districts;

              (b) In every fiscal year subsequent to fiscal year 2007, current operating expenditures shall be the amount in paragraph (a) plus any increases in state funding pursuant to sections 163.031 and 163.043 subsequent to fiscal year 2005, not to exceed five percent, per recalculation, of the state revenue received by a district in the 2004-05 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payments for any district from the first preceding calculation of the state adequacy target;

              (4) "District's tax rate ceiling", the highest tax rate ceiling in effect subsequent to the 1980 tax year or any subsequent year. Such tax rate ceiling shall not contain any tax levy for debt service;

              (5) "Dollar value modifier", an index of the relative purchasing power of a dollar, calculated as one plus fifteen percent of the difference of the regional wage ratio minus one, provided that the dollar value modifier shall not be applied at a rate less than 1.0:

              (a) "County wage per job", the total county wage and salary disbursements divided by the total county wage and salary employment for each county and the city of St. Louis as reported by the Bureau of Economic Analysis of the United States Department of Commerce for the fourth year preceding the payment year;

              (b) "Regional wage per job":

              a. The total Missouri wage and salary disbursements of the metropolitan area as defined by the Office of Management and Budget divided by the total Missouri metropolitan wage and salary employment for the metropolitan area for the county signified in the school district number or the city of St. Louis, as reported by the Bureau of Economic Analysis of the United States Department of Commerce for the fourth year preceding the payment year and recalculated upon every decennial census to incorporate counties that are newly added to the description of metropolitan areas; or if no such metropolitan area is established, then:

              b. The total Missouri wage and salary disbursements of the micropolitan area as defined by the Office of Management and Budget divided by the total Missouri micropolitan wage and salary employment for the micropolitan area for the county signified in the school district number, as reported by the Bureau of Economic Analysis of the United States Department of Commerce for the fourth year preceding the payment year, if a micropolitan area for such county has been established and recalculated upon every decennial census to incorporate counties that are newly added to the description of micropolitan areas; or

              c. If a county is not part of a metropolitan or micropolitan area as established by the Office of Management and Budget, then the county wage per job, as defined in paragraph (a) of this subdivision, shall be used for the school district, as signified by the school district number;

              (c) "Regional wage ratio", the ratio of the regional wage per job divided by the state median wage per job;

              (d) "State median wage per job", the fifty-eighth highest county wage per job;

              (6) "Free and reduced lunch pupil count", the number of pupils eligible for free and reduced lunch on the last Wednesday in January for the preceding school year who were enrolled as students of the district, as approved by the department in accordance with applicable federal regulations;

              (7) "Free and reduced lunch threshold" shall be calculated by dividing the total free and reduced lunch pupil count of every performance district that falls entirely above the bottom five percent and entirely below the top five percent of average daily attendance, when such districts are rank-ordered based on their current operating expenditures per average daily attendance, by the total average daily attendance of all included performance districts;

              (8) "Limited English proficiency pupil count", the number in the preceding school year of pupils aged three through twenty-one enrolled or preparing to enroll in an elementary school or secondary school who were not born in the United States or whose native language is a language other than English or are Native American or Alaskan native, or a native resident of the outlying areas, and come from an environment where a language other than English has had a significant impact on such individuals' level of English language proficiency, or are migratory, whose native language is a language other than English, and who come from an environment where a language other than English is dominant; and have difficulties in speaking, reading, writing, or understanding the English language sufficient to deny such individuals the ability to meet the state's proficient level of achievement on state assessments described in Public Law 107-10, the ability to achieve successfully in classrooms where the language of instruction is English, or the opportunity to participate fully in society;

              (9) "Limited English proficiency threshold" shall be calculated by dividing the total limited English proficiency pupil count of every performance district that falls entirely above the bottom five percent and entirely below the top five percent of average daily attendance, when such districts are rank-ordered based on their current operating expenditures per average daily attendance, by the total average daily attendance of all included performance districts;

              (10) "Local effort":

              (a) For the fiscal year 2007 calculation, "local effort" shall be computed as the equalized assessed valuation of the property of a school district in calendar year 2004 divided by one hundred and multiplied by the performance levy less the percentage retained by the county assessor and collector plus one hundred percent of the amount received in fiscal year 2005 for school purposes from intangible taxes, fines, escheats, payments in lieu of taxes and receipts from state-assessed railroad and utility tax, one hundred percent of the amount received for school purposes pursuant to the merchants' and manufacturers' taxes under sections 150.010 to 150.370, RSMo, one hundred percent of the amounts received for school purposes from federal properties under sections 12.070 and 12.080, RSMo, except when such amounts are used in the calculation of federal impact aid pursuant to P.L. 81-874, fifty percent of Proposition C revenues received for school purposes from the school district trust fund under section 163.087, and one hundred percent of any local earnings or income taxes received by the district for school purposes. Under this paragraph, for a special district established under sections 162.815 to 162.940, RSMo, in a county with a charter form of government and with more than one million inhabitants, a tax levy of zero shall be utilized in lieu of the performance levy for the special school district;

              (b) In every year subsequent to fiscal year 2007, "local effort" shall be the amount calculated under paragraph (a) of this subdivision plus any increase in the amount received for school purposes from fines. If a district's assessed valuation has decreased subsequent to the calculation outlined in paragraph (a) of this subdivision, the district's local effort shall be calculated using the district's current assessed valuation in lieu of the assessed valuation utilized in calculation outlined in paragraph (a) of this subdivision;

              (11) "Membership" shall be the average of:

              (a) The number of resident full-time students and the full-time equivalent number of part-time students who were enrolled in the public schools of the district on the last Wednesday in September of the previous year and who were in attendance one day or more during the preceding ten school days; and

              (b) The number of resident full-time students and the full-time equivalent number of part-time students who were enrolled in the public schools of the district on the last Wednesday in January of the previous year and who were in attendance one day or more during the preceding ten school days, plus the full-time equivalent number of summer school pupils.


"Full-time equivalent number of part-time students" is determined by dividing the total number of hours for which all part-time students are enrolled by the number of hours in the school term. "Full-time equivalent number of summer school pupils" is determined by dividing the total number of hours for which all summer school pupils were enrolled by the number of hours required pursuant to section 160.011, RSMo, in the school term. Only students eligible to be counted for average daily attendance shall be counted for membership;

              (12) "Operating levy for school purposes", the sum of tax rates levied for teachers' and incidental funds plus the operating levy or sales tax equivalent pursuant to section 162.1100, RSMo, of any transitional school district containing the school district, in the payment year, not including any equalized operating levy for school purposes levied by a special school district in which the district is located;

              (13) "Performance district", any district that has met all performance standards and indicators as established by the department of elementary and secondary education for purposes of accreditation under section 161.092, RSMo, and as reported on the final annual performance report for that district each year;

              (14) "Performance levy", three dollars and forty-three cents;

              (15) "School purposes" pertains to teachers' and incidental funds;

              (16) "Special education pupil count", the number of public school students with a current individualized education program and receiving services from the resident district as of December first of the preceding school year, except for special education services provided through a school district established under sections 162.815 to 162.940, RSMo, in a county with a charter form of government and with more than one million inhabitants, in which case the sum of the students in each district within the county exceeding the special education threshold of each respective district within the county shall be counted within the special district and not in the district of residence for purposes of distributing the state aid derived from the special education pupil count;

              (17) "Special education threshold" shall be calculated by dividing the total special education pupil count of every performance district that falls entirely above the bottom five percent and entirely below the top five percent of average daily attendance, when such districts are rank- ordered based on their current operating expenditures per average daily attendance, by the total average daily attendance of all included performance districts;

              (18) "State adequacy target", the sum of the current operating expenditures of every performance district that falls entirely above the bottom five percent and entirely below the top five percent of average daily attendance, when such districts are rank-ordered based on their current operating expenditures per average daily attendance, divided by the total average daily attendance of all included performance districts. The department of elementary and secondary education shall first calculate the state adequacy target for fiscal year 2007 and recalculate the state adequacy target every two years using the most current available data. The recalculation shall never result in a decrease from the previous state adequacy target amount. Should a recalculation result in an increase in the state adequacy target amount, fifty percent of that increase shall be included in the state adequacy target amount in the year of recalculation, and fifty percent of that increase shall be included in the state adequacy target amount in the subsequent year. The state adequacy target may be adjusted to accommodate available appropriations;

              (19) "Teacher", any teacher, teacher-secretary, substitute teacher, supervisor, principal, supervising principal, superintendent or assistant superintendent, school nurse, social worker, counselor or librarian who shall, regularly, teach or be employed for no higher than grade twelve more than one-half time in the public schools and who is certified under the laws governing the certification of teachers in Missouri;

              (20) "Weighted average daily attendance", the average daily attendance plus the product of twenty-five hundredths multiplied by the free and reduced lunch pupil count that exceeds the free and reduced lunch threshold, plus the product of seventy-five hundredths multiplied by the number of special education pupil count that exceeds the special education threshold, and plus the product of six-tenths multiplied by the number of limited English proficiency pupil count that exceeds the limited English proficiency threshold. For special districts established under sections 162.815 to 162.940, RSMo, in a county with a charter form of government and with more than one million inhabitants, weighted average daily attendance shall be the average daily attendance plus the product of twenty-five hundredths multiplied by the free and reduced lunch pupil count that exceeds the free and reduced lunch threshold, plus the product of seventy- five hundredths multiplied by the sum of the special education pupil count that exceeds the threshold for each county district, plus the product of six-tenths multiplied by the limited English proficiency pupil count that exceeds the limited English proficiency threshold. None of the districts comprising a special district established under sections 162.815 to 162.940, RSMo, in a county with a charter form of government and with more than one million inhabitants, shall use any special education pupil count in calculating their weighted average daily attendance.”; and”; and


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


            On motion of Representative Schneider, House Amendment No. 1 to House Amendment No. 5 was adopted.


            Representative Faith offered House Amendment No. 2 to House Amendment No. 5.


House Amendment No. 2

to

House Amendment No. 5


AMEND House Amendment No. 5 to House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 894, Page 1, Line 11, by inserting after said line the following:


              "House Committee Substitute for Senate Substitute for Senate Bill No. 1058, Section 105.711, Page 13, Line 217, by inserting after all of said section, the following:


              "163.011. As used in this chapter unless the context requires otherwise:

              (1) "Adjusted operating levy", the sum of tax rates for the current year for teachers' and incidental funds for a school district as reported to the proper officer of each county pursuant to section 164.011, RSMo;

              (2) "Average daily attendance", the quotient or the sum of the quotients obtained by dividing the total number of hours attended in a term by resident pupils between the ages of five and twenty-one by the actual number of hours school was in session in that term. To the average daily attendance of the following school term shall be added the full-time equivalent average daily attendance of summer school students. "Full-time equivalent average daily attendance of summer school students" shall be computed by dividing the total number of hours attended by all summer school pupils by the number of hours required in section 160.011, RSMo, in the school term. For purposes of determining average daily attendance under this subdivision, the term "resident pupil" shall include all children between the ages of five and twenty-one who are residents of the school district and who are attending kindergarten through grade twelve in such district. If a child is attending school in a district other than the district of residence and the child's parent is teaching in the school district or is a regular employee of the school district which the child is attending, then such child shall be considered a resident pupil of the school district which the child is attending for such period of time when the district of residence is not otherwise liable for tuition. Average daily attendance for students below the age of five years for which a school district may receive state aid based on such attendance shall be computed as regular school term attendance unless otherwise provided by law;

              (3) "Current operating expenditures":

              (a) For the fiscal year 2007 calculation, "current operating expenditures" shall be calculated using data from fiscal year 2004 and shall be calculated as all expenditures for instruction and support services except capital outlay and debt service expenditures minus the revenue from federal categorical sources; food service; student activities; categorical payments for transportation costs pursuant to section 163.161; state reimbursements for early childhood special education; the career ladder entitlement for the district, as provided for in sections 168.500 to 168.515, RSMo; the vocational education entitlement for the district, as provided for in section 167.332, RSMo; and payments from other districts;

              (b) In every fiscal year subsequent to fiscal year 2007, current operating expenditures shall be the amount in paragraph (a) plus any increases in state funding pursuant to sections 163.031 and 163.043 subsequent to fiscal year 2005, not to exceed five percent, per recalculation, of the state revenue received by a district in the 2004-05 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payments for any district from the first preceding calculation of the state adequacy target;

              (4) "District's tax rate ceiling", the highest tax rate ceiling in effect subsequent to the 1980 tax year or any subsequent year. Such tax rate ceiling shall not contain any tax levy for debt service;

              (5) "Dollar value modifier", an index of the relative purchasing power of a dollar, calculated as one plus fifteen percent of the difference of the regional wage ratio minus one, provided that the dollar value modifier shall not be applied at a rate less than 1.0:

              (a) "County wage per job", the total county wage and salary disbursements divided by the total county wage and salary employment for each county and the city of St. Louis as reported by the Bureau of Economic Analysis of the United States Department of Commerce for the fourth year preceding the payment year;

              (b) "Regional wage per job":

              a. The total Missouri wage and salary disbursements of the metropolitan area as defined by the Office of Management and Budget divided by the total Missouri metropolitan wage and salary employment for the metropolitan area for the county signified in the school district number or the city of St. Louis, as reported by the Bureau of Economic Analysis of the United States Department of Commerce for the fourth year preceding the payment year and recalculated upon every decennial census to incorporate counties that are newly added to the description of metropolitan areas; or if no such metropolitan area is established, then:

              b. The total Missouri wage and salary disbursements of the micropolitan area as defined by the Office of Management and Budget divided by the total Missouri micropolitan wage and salary employment for the micropolitan area for the county signified in the school district number, as reported by the Bureau of Economic Analysis of the United States Department of Commerce for the fourth year preceding the payment year, if a micropolitan area for such county has been established and recalculated upon every decennial census to incorporate counties that are newly added to the description of micropolitan areas; or

              c. If a county is not part of a metropolitan or micropolitan area as established by the Office of Management and Budget, then the county wage per job, as defined in paragraph (a) of this subdivision, shall be used for the school district, as signified by the school district number;

              (c) "Regional wage ratio", the ratio of the regional wage per job divided by the state median wage per job;

              (d) "State median wage per job", the fifty-eighth highest county wage per job;

              (6) "Free and reduced lunch pupil count", the number of pupils eligible for free and reduced lunch on the last Wednesday in January for the preceding school year who were enrolled as students of the district, as approved by the department in accordance with applicable federal regulations;

              (7) "Free and reduced lunch threshold" shall be calculated by dividing the total free and reduced lunch pupil count of every performance district that falls entirely above the bottom five percent and entirely below the top five percent of average daily attendance, when such districts are rank-ordered based on their current operating expenditures per average daily attendance, by the total average daily attendance of all included performance districts;

              (8) "Limited English proficiency pupil count", the number in the preceding school year of pupils aged three through twenty-one enrolled or preparing to enroll in an elementary school or secondary school who were not born in the United States or whose native language is a language other than English or are Native American or Alaskan native, or a native resident of the outlying areas, and come from an environment where a language other than English has had a significant impact on such individuals' level of English language proficiency, or are migratory, whose native language is a language other than English, and who come from an environment where a language other than English is dominant; and have difficulties in speaking, reading, writing, or understanding the English language sufficient to deny such individuals the ability to meet the state's proficient level of achievement on state assessments described in Public Law 107-10, the ability to achieve successfully in classrooms where the language of instruction is English, or the opportunity to participate fully in society;

              (9) "Limited English proficiency threshold" shall be calculated by dividing the total limited English proficiency pupil count of every performance district that falls entirely above the bottom five percent and entirely below the top five percent of average daily attendance, when such districts are rank-ordered based on their current operating expenditures per average daily attendance, by the total average daily attendance of all included performance districts;

              (10) "Local effort":

              (a) For the fiscal year 2007 calculation, "local effort" shall be computed as the equalized assessed valuation of the property of a school district in calendar year 2004 divided by one hundred and multiplied by the performance levy less the percentage retained by the county assessor and collector plus one hundred percent of the amount received in fiscal year 2005 for school purposes from intangible taxes, fines, escheats, payments in lieu of taxes and receipts from state-assessed railroad and utility tax, one hundred percent of the amount received for school purposes pursuant to the merchants' and manufacturers' taxes under sections 150.010 to 150.370, RSMo, one hundred percent of the amounts received for school purposes from federal properties under sections 12.070 and 12.080, RSMo, except when such amounts are used in the calculation of federal impact aid pursuant to P.L. 81-874, fifty percent of Proposition C revenues received for school purposes from the school district trust fund under section 163.087, and one hundred percent of any local earnings or income taxes received by the district for school purposes. Under this paragraph, for a special district established under sections 162.815 to 162.940, RSMo, in a county with a charter form of government and with more than one million inhabitants, a tax levy of zero shall be utilized in lieu of the performance levy for the special school district;

              (b) In every year subsequent to fiscal year 2007, "local effort" shall be the amount calculated under paragraph (a) of this subdivision plus any increase in the amount received for school purposes from fines or less any decrease in the amount received for school purposes from fines in any school district located at least partially in any county, except in any county of the first classification with more than one hundred ninety-eight thousand but fewer than one hundred ninety-nine thousand two hundred inhabitants, that has created or creates a county municipal court after June 30, 2004. If a district's assessed valuation has decreased subsequent to the calculation outlined in paragraph (a) of this subdivision, the district's local effort shall be calculated using the district's current assessed valuation in lieu of the assessed valuation utilized in calculation outlined in paragraph (a) of this subdivision;

              (11) "Membership" shall be the average of:

              (a) The number of resident full-time students and the full-time equivalent number of part-time students who were enrolled in the public schools of the district on the last Wednesday in September of the previous year and who were in attendance one day or more during the preceding ten school days; and

              (b) The number of resident full-time students and the full-time equivalent number of part-time students who were enrolled in the public schools of the district on the last Wednesday in January of the previous year and who were in attendance one day or more during the preceding ten school days, plus the full-time equivalent number of summer school pupils.


"Full-time equivalent number of part-time students" is determined by dividing the total number of hours for which all part-time students are enrolled by the number of hours in the school term. "Full-time equivalent number of summer school pupils" is determined by dividing the total number of hours for which all summer school pupils were enrolled by the number of hours required pursuant to section 160.011, RSMo, in the school term. Only students eligible to be counted for average daily attendance shall be counted for membership;

              (12) "Operating levy for school purposes", the sum of tax rates levied for teachers' and incidental funds plus the operating levy or sales tax equivalent pursuant to section 162.1100, RSMo, of any transitional school district containing the school district, in the payment year, not including any equalized operating levy for school purposes levied by a special school district in which the district is located;

              (13) "Performance district", any district that has met all performance standards and indicators as established by the department of elementary and secondary education for purposes of accreditation under section 161.092, RSMo, and as reported on the final annual performance report for that district each year;

              (14) "Performance levy", three dollars and forty-three cents;

              (15) "School purposes" pertains to teachers' and incidental funds;

              (16) "Special education pupil count", the number of public school students with a current individualized education program and receiving services from the resident district as of December first of the preceding school year, except for special education services provided through a school district established under sections 162.815 to 162.940, RSMo, in a county with a charter form of government and with more than one million inhabitants, in which case the sum of the students in each district within the county exceeding the special education threshold of each respective district within the county shall be counted within the special district and not in the district of residence for purposes of distributing the state aid derived from the special education pupil count;

              (17) "Special education threshold" shall be calculated by dividing the total special education pupil count of every performance district that falls entirely above the bottom five percent and entirely below the top five percent of average daily attendance, when such districts are rank-ordered based on their current operating expenditures per average daily attendance, by the total average daily attendance of all included performance districts;

              (18) "State adequacy target", the sum of the current operating expenditures of every performance district that falls entirely above the bottom five percent and entirely below the top five percent of average daily attendance, when such districts are rank-ordered based on their current operating expenditures per average daily attendance, divided by the total average daily attendance of all included performance districts. The department of elementary and secondary education shall first calculate the state adequacy target for fiscal year 2007 and recalculate the state adequacy target every two years using the most current available data. The recalculation shall never result in a decrease from the previous state adequacy target amount. Should a recalculation result in an increase in the state adequacy target amount, fifty percent of that increase shall be included in the state adequacy target amount in the year of recalculation, and fifty percent of that increase shall be included in the state adequacy target amount in the subsequent year. The state adequacy target may be adjusted to accommodate available appropriations;

              (19) "Teacher", any teacher, teacher-secretary, substitute teacher, supervisor, principal, supervising principal, superintendent or assistant superintendent, school nurse, social worker, counselor or librarian who shall, regularly, teach or be employed for no higher than grade twelve more than one-half time in the public schools and who is certified under the laws governing the certification of teachers in Missouri;

              (20) "Weighted average daily attendance", the average daily attendance plus the product of twenty-five hundredths multiplied by the free and reduced lunch pupil count that exceeds the free and reduced lunch threshold, plus the product of seventy-five hundredths multiplied by the number of special education pupil count that exceeds the special education threshold, and plus the product of six-tenths multiplied by the number of limited English proficiency pupil count that exceeds the limited English proficiency threshold. For special districts established under sections 162.815 to 162.940, RSMo, in a county with a charter form of government and with more than one million inhabitants, weighted average daily attendance shall be the average daily attendance plus the product of twenty-five hundredths multiplied by the free and reduced lunch pupil count that exceeds the free and reduced lunch threshold, plus the product of seventy-five hundredths multiplied by the sum of the special education pupil count that exceeds the threshold for each county district, plus the product of six-tenths multiplied by the limited English proficiency pupil count that exceeds the limited English proficiency threshold. None of the districts comprising a special district established under sections 162.815 to 162.940, RSMo, in a county with a charter form of government and with more than one million inhabitants, shall use any special education pupil count in calculating their weighted average daily attendance.”; and


              Further amend said amendment, Page10, Section B, Line 29, by inserting after all of said line the following:


              "Section F. Because of the need to provide a quality education for Missouri students, sections 163.011 and 163.031 are 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 sections 163.011 and 163.031 shall be in full force and effect on July 1, 2006, or upon its passage and approval, whichever comes later."; and


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


            On motion of Representative Faith, House Amendment No. 2 to House Amendment No. 5 was adopted.


            On motion of Representative Wallace, House Amendment No. 5, as amended, was adopted by the following vote:


AYES: 152

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bogetto

Bowman

Boykins

Bringer

Brooks

Brown 50

Bruns

Burnett

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Curls

Dake

Darrough

Daus

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Ervin

Faith

Fares

Fisher

Flook

Frame

Franz

Fraser

George

Guest

Harris 23

Harris 110

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

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

Salva

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoemehl

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

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

 

 

 

 

 

 

 

 

 

Cunningham 86

Davis

Emery

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Bean

Brown 30

Hunter

Marsh

Spreng

Storch

Vogt

 

 

 

 

 

 

 

 

VACANCIES: 001


            Representative Dempsey moved the previous question.


            Which motion was adopted by the following vote:


AYES: 091

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Behnen

Bivins

Black

Bruns

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Guest

Hobbs

Hunter

Icet

Jackson

Johnson 47

Jones

Kelly

Kingery

Kraus

Lager

Lembke

Lipke

Loehner

May

McGhee

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Ruestman

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Self

Silvey

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Sutherland

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 052

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bogetto

Bowman

Boykins

Bringer

Brooks

Brown 50

Burnett

Chappelle-Nadal

Corcoran

Curls

Dake

Darrough

Daus

Donnelly

El-Amin

Fraser

Harris 23

Harris 110

Haywood

Hoskins

Hubbard

Hughes

Johnson 61

Johnson 90

Jolly

Kuessner

Lampe

LeVota

Liese

Low 39

Meiners

Oxford

Page

Robinson

Roorda

Rucker

Salva

Schoemehl

Skaggs

Swinger

Villa

Walsh

Walton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

 

 

 

PRESENT: 008

 

 

 

 

 

 

 

 

 

Casey

Dougherty

Frame

Henke

Meadows

Shoemyer

Wagner

Whorton

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 011

 

 

 

 

 

 

Bean

Brown 30

George

Kratky

Lowe 44

Marsh

Myers

Spreng

Storch

Vogt

Weter

 

 

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Jetton resumed the Chair.


            On motion of Representative Muschany, HCS SS SCS SB 894, as amended, was adopted.


            On motion of Representative Muschany, HCS SS SCS SB 894, as amended, was read the third time and passed by the following vote:


AYES: 122

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Bearden

Behnen

Bivins

Black

Bogetto

Bruns

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Dake

Darrough

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Frame

Franz

Fraser

Guest

Harris 110

Haywood

Hobbs

Hoskins

Hubbard

Hunter

Icet

Jackson

Johnson 47

Jones

Kelly

Kingery

Kratky

Kraus

Lager

Lampe

Lembke

Liese

Lipke

Loehner

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Rucker

Ruestman

Salva

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoemehl

Self

Shoemyer

Silvey

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Sutherland

Threlkeld

Tilley

Viebrock

Wallace

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wood

Wright 137

Wright 159

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 033

 

 

 

 

 

 

 

 

 

Baker 25

Bland

Bowman

Boykins

Bringer

Brooks

Brown 50

Burnett

Chappelle-Nadal

Curls

Daus

Donnelly

George

Harris 23

Henke

Hughes

Johnson 61

Johnson 90

Jolly

Kuessner

LeVota

Low 39

Lowe 44

Oxford

Roorda

Skaggs

Swinger

Villa

Wagner

Walsh

Wilson 130

Witte

Wright-Jones

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Bean

Brown 30

Marsh

Myers

Spreng

Storch

Vogt

 

 

 

 

 

 

 

 

VACANCIES: 001


            Representative Dempsey moved the previous question.


            Which motion was adopted by the following vote:


AYES: 094

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Behnen

Bivins

Black

Bruns

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Guest

Hobbs

Hunter

Icet

Jackson

Johnson 47

Jones

Kelly

Kingery

Kraus

Lager

Lembke

Lipke

Loehner

May

McGhee

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Ruestman

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Self

Silvey

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Sutherland

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

NOES: 057

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bogetto

Bowman

Boykins

Bringer

Brooks

Brown 50

Burnett

Chappelle-Nadal

Curls

Dake

Darrough

Daus

Donnelly

Dougherty

Frame

Fraser

George

Harris 23

Harris 110

Haywood

Henke

Hoskins

Hubbard

Hughes

Johnson 61

Johnson 90

Jolly

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

Meiners

Oxford

Page

Robinson

Roorda

Rucker

Salva

Schoemehl

Shoemyer

Skaggs

Swinger

Villa

Walsh

Walton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

 

 

 

PRESENT: 004

 

 

 

 

 

 

 

 

 

Casey

Meadows

Wagner

Whorton

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Bean

Brown 30

Corcoran

Marsh

Spreng

Storch

Vogt

 

 

 

 

 

 

 

 

VACANCIES: 001


            The emergency clause was defeated by the following vote:


AYES: 093

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Behnen

Bivins

Bruns

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Guest

Hobbs

Hoskins

Hubbard

Hunter

Icet

Jackson

Johnson 47

Jones

Kelly

Kingery

Kraus

Lager

Lembke

Lipke

May

McGhee

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Ruestman

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Self

Silvey

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Sutherland

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

NOES: 056

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bogetto

Bowman

Boykins

Bringer

Brown 50

Burnett

Casey

Chappelle-Nadal

Curls

Dake

Darrough

Daus

Donnelly

Dougherty

Frame

Fraser

Harris 23

Harris 110

Haywood

Henke

Hughes

Johnson 61

Johnson 90

Jolly

Kratky

Kuessner

Lampe

LeVota

Liese

Loehner

Low 39

Lowe 44

Meiners

Oxford

Page

Robinson

Roorda

Rucker

Salva

Schoemehl

Shoemyer

Skaggs

Swinger

Villa

Wagner

Walsh

Walton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

 

 

 

 

PRESENT: 005

 

 

 

 

 

 

 

 

 

Brooks

El-Amin

George

Meadows

Whorton

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

 

Bean

Black

Brown 30

Corcoran

Marsh

Spreng

Storch

Vogt

 

 

 

 

 

 

 

VACANCIES: 001


CONFERENCE COMMITTEE REPORT

ON

HOUSE COMMITTEE SUBSTITUTE

FOR

SENATE SUBSTITUTE NO. 2

FOR

SENATE COMMITTEE SUBSTITUTE

FOR

SENATE BILL NOS. 1014 & 730


            The Conference Committee appointed on House Committee Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill Nos. 1014 & 730, with House Amendment Nos. 1 & 3 to House Amendment No. 1, House Amendment No. 1, as amended, House Amendment No. 1 to House Amendment No. 2, House Amendment No. 2, as amended, House Amendment No. 1 to House Amendment No. 3, House Amendment No. 3, as amended, House Amendment No. 5, House Amendment No. 1 to House Amendment No. 7, and House Amendment No. 7, as amended, begs leave to report that we, after free and fair discussion of the differences, 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 No. 2 for Senate Committee Substitute for Senate Bill Nos. 1014 & 730, as amended;

 

2. That the Senate recede from its position on Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill Nos. 1014 & 730;

 

3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill Nos. 1014 & 730, be Third Read and Finally Passed.


 

            FOR THE SENATE:                                                  FOR THE HOUSE:

 

            /s/ Delbert Scott                                                          /s/ Bryan P. Stevenson

            /s/ Michael R. Gibbons                                               /s/ Bob May

            /s/ Carl Vogel                                                             /s/ Ryan Silvey

            /s/ Victor Callahan 


MESSAGE FROM THE SENATE


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to adopt the CCR on HCS SS#2 SCS SBs 1014 & 730, as amended, and request the House grant the Senate further conference on HCS SS#2 SCS SBs 1014 & 730, as amended.


BILL CARRYING REQUEST MESSAGE


            HCS SS#2 SCS SBs 1014 & 730, as amended, relating to election administration, was taken up by Representative Stevenson.


            Representative Stevenson moved that the House grant the Senate a further conference on HCS SS#2 SCS SBs 1014 & 730, as amended.


            Representative El-Amin made a substitute motion that the House grant the Senate a further conference on HCS SS#2 SCS SBs 1014 & 730, as amended, and the House conferees be bound to the House position on House Amendment No. 7.


            Which motion was defeated by the following vote:


AYES: 062

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bogetto

Bowman

Boykins

Bringer

Brooks

Brown 50

Burnett

Casey

Chappelle-Nadal

Curls

Dake

Darrough

Daus

Donnelly

Dougherty

El-Amin

Frame

Fraser

George

Harris 23

Harris 110

Haywood

Henke

Hoskins

Hubbard

Hughes

Johnson 61

Johnson 90

Jolly

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

Meadows

Meiners

Oxford

Page

Robinson

Roorda

Rucker

Salva

Schoemehl

Shoemyer

Skaggs

Swinger

Villa

Wagner

Walsh

Walton

Whorton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

 

 

 

NOES: 092

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Behnen

Bivins

Black

Bruns

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Davis

Day

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Guest

Hobbs

Hunter

Icet

Jackson

Johnson 47

Jones

Kelly

Kingery

Kraus

Lager

Lembke

Lipke

Loehner

May

McGhee

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Ruestman

Sander

Sater