Journal of the House


Second Regular Session, 93rd General Assembly




SEVENTY-FIRST DAY, Wednesday, May 10, 2006

The House met pursuant to adjournment.


            Speaker Jetton in the Chair.


            Prayer by Reverend James Earl Jackson.


              O LORD, You are God; we exalt You, we praise Your name, for You have done wonderful things, even Your purposes planned of old [and fulfilled] in faithfulness and truth.


              Lord, You have granted us peace, for all the good we have accomplished is really from You. We trust that the decisions made this year have been more beneficial than regrettable and as we finish the tasks at hand, we continue to look to You for good judgment and understanding.


              We are thankful, to have served this year and look to the days ahead with encouragement and expectation. Our appointed seasons are in Your hand and we trust You.


              We finish our work this week with dignity, joy, and a sense of satisfaction of a job well done.


              Now, may You, who gives us patience and encouragement, help us live in complete harmony with each other – each with the proper attitude toward one another.


              For it’s in the name of Your Son we pray. 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: Robert Naylor and Taylar Lee.


            The Journal of the seventieth day was approved as printed.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 3383

                        and

            House Resolution No. 3384 - Representative Whorton

            House Resolution No. 3385 - Representative Fares

            House Resolution No. 3386 - Representative Pearce

            House Resolution No. 3387 - Representative Oxford

            House Resolution No. 3388 - Representative Rector

            House Resolution No. 3389 - Representative Cooper (155)

            House Resolution No. 3390 - Representative McGhee

            House Resolution No. 3391 - Representative Parker

            House Resolution No. 3392

                        through

            House Resolution No. 3395 - Representative Aull

            House Resolution No. 3396

                        and

            House Resolution No. 3397 - Representative Kingery

            House Resolution No. 3398 - Representative Schaaf

            House Resolution No. 3399 - Representative Curls, et al.

            House Resolution No. 3400

                        and

            House Resolution No. 3401 - Representative Cooper (155)

            House Resolution No. 3402

                        through

            House Resolution No. 3405 - Representative Guest

            House Resolution No. 3406 - Representative Muschany

            House Resolution No. 3407 - Representative Cooper (120)

            House Resolution No. 3408

                        and

            House Resolution No. 3409 - Representative Cunningham (86)

 

SPECIAL RECOGNITION


            Former United States Attorney General John Ashcroft was introduced by Speaker Jetton and addressed the House.


THIRD READING OF SENATE BILLS


            SB 822, relating to a health care provider tax, was taken up by Representative Icet.


            On motion of Representative Icet, SB 822 was truly agreed to and finally passed by the following vote:


AYES: 151

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bogetto

Boykins

Bringer

Brown 50

Bruns

Burnett

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

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

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

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

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

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 011

 

 

 

 

 

Baker 25

Bean

Bowman

Brooks

Brown 30

George

Muschany

Rucker

Spreng

Storch

Wilson 130

 

 

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Jetton declared the bill passed.


            The emergency clause was adopted by the following vote:


AYES: 152

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bogetto

Boykins

Bringer

Brown 50

Bruns

Burnett

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

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

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

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

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Witte

Wood

Wright 137

Wright 159

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 010

 

 

 

 

 

Bean

Bowman

Brooks

Brown 30

George

Muschany

Spreng

Storch

Wilson 130

Wright-Jones

 

 

 

 

 

VACANCIES: 001


            HCS SB 1124, as amended, with House Amendment No. 10, pending, relating to professional registration, was taken up by Representative Behnen.


            Representative Richard assumed the Chair.


            On motion of Representative Stevenson, House Amendment No. 10 was adopted by the following vote:


AYES: 102

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Baker 123

Bearden

Bivins

Bogetto

Boykins

Bringer

Brown 50

Casey

Chappelle-Nadal

Cooper 120

Cooper 158

Cunningham 145

Curls

Dake

Darrough

Davis

Day

Deeken

Dempsey

Dethrow

Dixon

Dougherty

El-Amin

Emery

Faith

Fares

Fisher

Frame

Franz

Guest

Harris 110

Henke

Hobbs

Hubbard

Hunter

Icet

Jolly

Jones

Kelly

Kingery

Kratky

Kuessner

Lembke

LeVota

Loehner

Low 39

Lowe 44

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Myers

Nance

Nieves

Nolte

Oxford

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Quinn

Rector

Richard

Roark

Robb

Roorda

Ruestman

Salva

Sander

Sater

Schad

Scharnhorst

Schoemehl

Self

Shoemyer

Skaggs

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Sutherland

Swinger

Tilley

Wagner

Wallace

Walsh

Wells

Weter

Whorton

Wilson 119

Witte

Wood

Wright 137

Wright-Jones

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 051

 

 

 

 

 

 

 

 

 

Avery

Behnen

Black

Bland

Brooks

Bruns

Burnett

Chinn

Cooper 155

Corcoran

Cunningham 86

Daus

Denison

Donnelly

Dusenberg

Ervin

Flook

Fraser

Harris 23

Haywood

Hoskins

Hughes

Johnson 47

Johnson 61

Johnson 90

Kraus

Lager

Lampe

Liese

Lipke

Marsh

Page

Pratt

Robinson

Rucker

Schaaf

Schlottach

Schneider

Silvey

Threlkeld

Viebrock

Villa

Vogt

Walton

Wasson

Wildberger

Wright 159

Yaeger

Yates

Young

Zweifel

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

Bean

Bowman

Brown 30

George

Jackson

Muschany

Spreng

Storch

Wilson 130

 

 

 

 

 

 

VACANCIES: 001


            Representative Dusenberg offered House Amendment No. 11.


House Amendment No. 11


AMEND House Committee Substitute for Senate Bill No. 1124, Section 41.950, Page 4, Line 69, by inserting immediately after said line the following:


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

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

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


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


            On motion of Representative Dusenberg, House Amendment No. 11 was adopted.


            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

Marsh

May

McGhee

Moore

Munzlinger

Myers

Nance

Nieves

Nolte

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Ruestman

Sander

Sater

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

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 058

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bogetto

Boykins

Bringer

Brooks

Brown 50

Burnett

Chappelle-Nadal

Corcoran

Curls

Dake

Darrough

Daus

Donnelly

Dougherty

El-Amin

Fraser

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

Vogt

Wagner

Walsh

Walton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

 

 

PRESENT: 004

 

 

 

 

 

 

 

 

 

Casey

Frame

Meadows

Whorton

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

Bean

Bowman

Brown 30

George

Muschany

Schaaf

Spreng

Storch

Wilson 130

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Behnen, HCS SB 1124, as amended, was adopted.




            On motion of Representative Behnen, HCS SB 1124, as amended, was read the third time and passed by the following vote:


AYES: 139

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bogetto

Boykins

Bringer

Brown 50

Bruns

Burnett

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Dake

Darrough

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Frame

Franz

Fraser

Guest

Harris 110

Henke

Hobbs

Hoskins

Hubbard

Hunter

Icet

Jackson

Johnson 47

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

Meadows

Meiners

Moore

Munzlinger

Myers

Nance

Nieves

Nolte

Oxford

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Salva

Sander

Sater

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

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 014

 

 

 

 

 

 

 

 

 

Daus

El-Amin

Flook

Harris 23

Haywood

Hughes

Johnson 61

Johnson 90

LeVota

McGhee

Page

Schaaf

Walton

Young

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Brooks

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

Bean

Bowman

Brown 30

George

Muschany

Spreng

Storch

Wilson 130

 

 

 

 

 

 

 

VACANCIES: 001


            Representative Richard declared the bill passed.


            HCS SS SCS SB 590, as amended, with House Amendment No. 2, pending, relating to higher education, was taken up by Representative Kingery.


            Representative Cooper (158) offered House Amendment No. 1 to House Amendment No. 2.


House Amendment No. 1

to

House Amendment No. 2


AMEND House Amendment No. 2 to House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 590, Page 1, Section 173.858, Line 5 of said amendment, by inserting immediately after the word “state” the following:


              , located in whole or in part in a city not within a county and having an enrollment of at least seven thousand full time equivalent students”; and


              Further amend said amendment, Page 2, Section 173.858, Line 10 of said amendment, by inserting after immediately after all of said line the following:


              “Amend said bill, Section 174.500, Page 16, Line 11, by inserting immediately after all of said line the following:


              ‘174.700. The board of regents or board of governors of any state college or university may appoint and employ as many college or university police officers as it may deem necessary to enforce regulations established under section 174.709 and general motor vehicle laws of this state in accordance with section 174.712, protect persons, property, and to preserve peace and good order only in the public buildings, properties, grounds, and other facilities and locations over which it has charge or control.


              174.703. 1. The college or university police officers, before they enter upon their duties, shall take and subscribe an oath of office before some officer authorized to administer oaths, to faithfully and impartially discharge the duties thereof, which oath shall be filed in the office of the board, and the secretary of the board shall give each college police officer so appointed and qualified a certificate of appointment, under the seal of the board, which certificate shall empower him or her with the same authority to maintain order, preserve peace and make arrests as is now held by peace officers.

              2. The college or university police officers shall have the authority to enforce the regulations established in section 174.709 and general motor vehicle laws in accordance with section 174.712 on the campus as proscribed in chapter 304, RSMo. The college or university police officer may in addition expel from the public buildings, campuses, and grounds, persons violating the rules and regulations that may be prescribed by the board or others under the authority of the board.

              3. Such officer or employee of the state college or university as may be designated by the board shall have immediate charge, control and supervision of police officers appointed by authority of this section. Such college or university police officers shall have satisfactorily completed before appointment a training course for police officers as prescribed by chapter 590, RSMo, for state peace officers or, by virtue of previous experience or training, have met the requirements of chapter 590, RSMo, and have been certified under that chapter.


              174.706. Nothing in sections 174.700 to 174.706 shall be construed as denying the board the right to appoint guards or watchmen who shall not be given the authority and powers authorized by sections 174.700 to [174.706] 174.712.


              174.709. 1. For the purpose of promoting public safety, health, and general welfare and to protect life and property, the board of regents or board of governors of any state college or university may establish regulations to control vehicular traffic, including speed regulations, on any thoroughfare owned or maintained by the state college or university and located within any of its campuses. Such regulations shall be consistent with the provisions of the general motor vehicle laws of this state. Upon adoption of such regulations, the state college or university shall have the authority to place official traffic control devices, as defined in section 300.010, RSMo, on campus property.

              2. The regulations established by the board of regents or board of governors of any state college or university under subsection 1 of this section shall be codified, printed, and distributed for public use. Adequate signs displaying the speed limit shall be posted along such thoroughfares.

              3. Violations of any regulation established under this section shall have the same effect as a violation of municipal ordinances adopted under section 304.120, RSMo, with penalty provisions as provided in section 304.570, RSMo. Points assessed against any person under section 302.302, RSMo, for a violation of this section shall be the same as provided for a violation of a county or municipal ordinance.

              4. The provisions of this section shall apply only to moving violations.


              174.712. All motor vehicles operated upon any thoroughfare owned or maintained by the state college or university and located within any of its campuses shall be subject to the provisions of the general motor vehicle laws of this state, including chapters 301, 302, 303, 304, 307, and 577, RSMo. Violations shall have the same effect as though such had occurred on public roads, streets, or highways of this state.’ ”; and


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


            Representative Johnson (90) raised a point of order that House Amendment No. 1 to House Amendment No. 2 was not distributed and should be read.


            The Chair ruled the point of order not well taken.


            Representative Witte raised a point of order that the ruling of the Chair was in violation of Rule 9.


            Representative Richard requested a parliamentary ruling.


            The Parliamentary Committee ruled the first point of order well taken.


            Speaker Jetton resumed the Chair.


            On motion of Representative Cooper (158), House Amendment No. 1 to House Amendment No. 2 was adopted by the following vote:


AYES: 134

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bogetto

Boykins

Bruns

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Dake

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Frame

Franz

Fraser

Guest

Harris 23

Haywood

Hobbs

Hoskins

Hubbard

Icet

Jackson

Johnson 47

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Lowe 44

Marsh

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

Rucker

Ruestman

Salva

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoemehl

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 118

Smith 150

Stevenson

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Wallace

Walton

Wasson

Wells

Weter

Wildberger

Wilson 119

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 015

 

 

 

 

 

 

 

 

 

Bowman

Bringer

Brooks

Burnett

Chappelle-Nadal

Curls

Darrough

Dougherty

Harris 110

Henke

Hughes

Kuessner

Low 39

Oxford

Vogt

 

 

 

 

 

PRESENT: 002

 

 

 

 

 

 

 

 

 

Johnson 61

Whorton

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 011

 

 

 

 

 

Bean

Brown 30

Brown 50

George

Hunter

May

Spreng

St. Onge

Wagner

Walsh

Wilson 130

 

 

 

 

 

 

 

 

 

VACANCIES: 001


            Representative Johnson (90) offered House Amendment No. 2 to House Amendment No. 2.


House Amendment No. 2

to

House Amendment No. 2


AMEND House Amendment No. 2 to House Committee Substitute for Senate Substitute for Senate Committee Substitute for House Bill No. 590, by deleting the following:


              “or within six months after appointment,”; and


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


            On motion of Representative Johnson (90), House Amendment No. 2 to House Amendment No. 2 was adopted.


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


AYES: 111

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bogetto

Bowman

Boykins

Brooks

Brown 50

Bruns

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Curls

Davis

Day

Deeken

Dempsey

Dixon

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Guest

Harris 23

Haywood

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Kelly

Kingery

Kratky

Kraus

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Lowe 44

Marsh

May

McGhee

Meiners

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Page

Parker

Pearce

Phillips

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robinson

Rucker

Ruestman

Sander

Sater

Schaaf

Scharnhorst

Schlottach

Schneider

Self

Silvey

Skaggs

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Walton

Wasson

Wells

Weter

Witte

Wright 137

Wright 159

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 042

 

 

 

 

 

 

 

 

 

Bringer

Burnett

Casey

Chinn

Chappelle-Nadal

Corcoran

Dake

Darrough

Daus

Dethrow

Donnelly

Dusenberg

Frame

Franz

Fraser

Harris 110

Henke

Jolly

Jones

Kuessner

Loehner

Low 39

Moore

Oxford

Parson

Pollock

Robb

Roorda

Salva

Schad

Schoemehl

Shoemyer

Storch

Vogt

Wagner

Wallace

Walsh

Whorton

Wilson 119

Wood

Wright-Jones

Yaeger

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Meadows

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

Bean

Brown 30

Denison

Dougherty

George

Spreng

Wildberger

Wilson 130

 

 

 

 

 

 

 

VACANCIES: 001


            Representative Zwiefel offered House Amendment No. 3.


House Amendment No. 3


AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 590, Page 1, Line 4 of the Title, by inserting after the word “provisions” the following:


              “, with an emergency clause for a certain section”; and


              Further amend said bill, Page 12, Section 173.270, Line 51, by inserting after said line the following:


              173.450. Prior to any sale, transfer or liquidation of any asset, or agreement to sell, transfer, or liquidate any asset pursuant to a resolution adopted by the Missouri Higher Education Loan Authority on January 31, 2006, and readopted by the authority on March 10, 2006, the authority shall hire an independent firm to conduct an analysis of the financial and legal ramifications of the proposed sale. The financial analysis of the proposed sale shall include an actuarial analysis along with individualized findings as to the effect the proposed sale will have on the authority itself and the effect such sale will have on loan interest rates for current and future student borrowers. The legal analysis shall include findings as to the effect of the proposed sale on the status and securitization of taxable and tax-exempt bonds issued by the authority, the impact of the proposed sale on the holders of such taxable and tax-exempt bonds, and the legality of the use of funds generated from the sale of tax-exempt bonds for purposes other than those for which the bonds were issued.”; and


              Further amend said bill, Page 19, Section 2, Line 80, by inserting after all of said line the following:


              “Section B. Because of the need to provide for timely review, the enactment of section 173.450 is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and the enactment of section 173.450 shall be in full force and effect upon its passage and approval.”; and


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


            Representative Storch offered House Amendment No. 1 to House Amendment No. 3.


House Amendment No. 1

to

House Amendment No. 3


AMEND House Amendment No. 3 to House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 590, Page 1, Line 10, by inserting after “March 10, 2006,” on said line the following:


              or any similar resolution adopted by the authority”; and


              Further amend said amendment, Page 2, Line 1, by inserting after the word “issued.” on said line the following:


              The analysis required by this section shall be a public record and shall be transmitted to the general assembly upon receipt by the authority.”.


            On motion of Representative Storch, House Amendment No. 1 to House Amendment No. 3 was adopted.


            On motion of Representative Zweifel, House Amendment No. 3, as amended, was adopted.


            Representative Schneider offered House Amendment No. 4.


House Amendment No. 4


AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 590, Page 1, Section A, Line 4, by inserting after all of said line the following:


              "160.545. 1. There is hereby established within the department of elementary and secondary education the "A+ Schools Program" to be administered by the commissioner of education. The program shall consist of grant awards made to public secondary schools that demonstrate a commitment to ensure that:

              (1) All students be graduated from school;

              (2) All students complete a selection of high school studies that is challenging and for which there are identified learning expectations; and

              (3) All students proceed from high school graduation to a college or postsecondary vocational or technical school or high-wage job with work place skill development opportunities.

              2. The state board of education shall promulgate rules and regulations for the approval of grants made under the program to schools that:

              (1) Establish measurable districtwide performance standards for the goals of the program outlined in subsection 1 of this section; and

              (2) Specify the knowledge, skills and competencies, in measurable terms, that students must demonstrate to successfully complete any individual course offered by the school, and any course of studies which will qualify a student for graduation from the school; and

              (3) Do not offer a general track of courses that, upon completion, can lead to a high school diploma; and

              (4) Require rigorous coursework with standards of competency in basic academic subjects for students pursuing vocational and technical education as prescribed by rule and regulation of the state board of education; and

              (5) Have a partnership plan developed in cooperation and with the advice of local business persons, labor leaders, parents, and representatives of college and postsecondary vocational and technical school representatives, with the plan then approved by the local board of education. The plan shall specify a mechanism to receive information on an annual basis from those who developed the plan in addition to senior citizens, community leaders, and teachers to update the plan in order to best meet the goals of the program as provided in subsection 1 of this section. Further, the plan shall detail the procedures used in the school to identify students that may drop out of school and the intervention services to be used to meet the needs of such students. The plan shall outline counseling and mentoring services provided to students who will enter the work force upon graduation from high school, address apprenticeship and intern programs, and shall contain procedures for the recruitment of volunteers from the community of the school to serve in schools receiving program grants.

              3. By rule and regulation, the state board of education may determine a local school district variable fund match requirement in order for a school or schools in the district to receive a grant under the program. However, no school in any district shall receive a grant under the program unless the district designates a salaried employee to serve as the program coordinator, with the district assuming a minimum of one-half the cost of the salary and other benefits provided to the coordinator. Further, no school in any district shall receive a grant under the program unless the district makes available facilities and services for adult literacy training as specified by rule of the state board of education.

              4. For any school that meets the requirements for the approval of the grants authorized by this section and specified in subsection 2 of this section for three successive school years, by August first following the third such school year, the commissioner of education shall present a plan to the superintendent of the school district in which such school is located for the waiver of rules and regulations to promote flexibility in the operations of the school and to enhance and encourage efficiency in the delivery of instructional services in the school. The provisions of other law to the contrary notwithstanding, the plan presented to the superintendent shall provide a summary waiver, with no conditions, for the pupil testing requirements pursuant to section 160.257 in the school. Further, the provisions of other law to the contrary notwithstanding, the plan shall detail a means for the waiver of requirements otherwise imposed on the school related to the authority of the state board of education to classify school districts pursuant to subdivision (9) of section 161.092, RSMo, and such other rules and regulations as determined by the commissioner of education, except such waivers shall be confined to the school and not other schools in the school district unless such other schools meet the requirements of this subsection. However, any waiver provided to any school as outlined in this subsection shall be void on June thirtieth of any school year in which the school fails to meet the requirements for the approval of the grants authorized by this section as specified in subsection 2 of this section.

              5. For any school year, grants authorized by subsections 1 to 3 of this section shall be funded with the amount appropriated for this program, less those funds necessary to reimburse eligible students pursuant to subsection 6 of this section.

              6. Within the limits established in subsection 8 of this section, the commissioner of education shall, by rule and regulation of the state board of education and with the advice of the coordinating board for higher education, establish a procedure for the reimbursement of the cost of tuition, books and fees to any public community college or any public or private vocational or technical school for any student:

              (1) Who has attended a public high school in the state for at least three years immediately prior to graduation that meets the requirements of subsection 2 of this section, except that students who are active duty military dependents who, in the school year immediately preceding graduation, meet all other requirements of this subsection and are attending a school that meets the requirements of subsection 2 of this section shall be exempt from the three-year attendance requirement of this subdivision; and

              (2) Who has made a good faith effort to first secure all available federal sources of funding that could be applied to the reimbursement described in this subsection; and

              (3) Who has earned a minimal grade average while in high school as determined by rule of the state board of education, and other requirements for the reimbursement authorized by this subsection as determined by rule and regulation of said board.

              7. The commissioner of education shall develop a procedure for evaluating the effectiveness of the program described in this section. Such evaluation shall be conducted annually with the results of the evaluation provided to the governor, speaker of the house, and president pro tempore of the senate.

              8. For private vocational or technical schools to obtain reimbursements under subsection 6 of this section the following requirements must be satisfied:

              (1) Such institutions shall both be members of the north central association and be accredited by the higher learning commission as of July 1, 2006, and maintain such accreditation;

              (2) Such institutions shall be designated as 501(c)(3) nonprofit organizations under the Internal Revenue Code of 1986, as amended;

              (3) No private vocational or technical school shall receive tuition reimbursements in excess of the tuition rate charged by a public community college for course work offered by the private vocational or technical school within the service area of such community college; and

              (4) The reimbursements provided to private vocational or technical schools shall not violate the provisions of article IX, section 8, or article I, section 7, of the Missouri Constitution or the first amendment of the United States Constitution."; and


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


            Representative Darrough raised a point of order that House Amendment No. 4 goes beyond the scope of the bill.


            The Chair ruled the point of order not well taken.


            HCS SS SCS SB 590, as amended, with House Amendment No. 4, pending, was laid over.


            On motion of Representative Dempsey, the House recessed until 2:15 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. 3410

                        and

            House Resolution No. 3411 - Representative Lipke

            House Resolution No. 3412

                        and

            House Resolution No. 3413 - Representative Guest

            House Resolution No. 3414 - Representative Threlkeld

            House Resolution No. 3415 - Representative Davis

            House Resolution No. 3416 - Representative Myers

            House Resolution No. 3417

                        through

            House Resolution No. 3459 - Representative Cooper (158)

            House Resolution No. 3460 - Representative Jolly




THIRD READING OF SENATE BILLS


            HCS SB 1023, relating to DNA profiling partnership, was taken up by Representative Johnson (61).


            Representative Lipke offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for Senate Bill No. 1023, Section 650.058, Page 8, Line 61, by inserting immediately after the word “by” the following:


              reason of his or her failure to recite or acknowledge such arrest, plea, trial, conviction or expungement in”; and


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


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


            On motion of Representative Johnson (61), HCS SB 1023, as amended, was adopted.


            On motion of Representative Johnson (61), HCS SB 1023, as amended, was read the third time and passed by the following vote:


AYES: 153

 

 

 

 

 

 

 

 

 

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

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

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

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

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

 

Bean

Brown 30

George

Hunter

Loehner

Spreng

Vogt

Wagner

Wilson 130

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


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


            Representative Ervin offered House Amendment No. 3.


            Representative Darrough raised a point of order that House Amendment No. 3 is not germane to the bill.


            The Chair ruled the point of order well taken.


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


House Amendment No. 4


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


              Section 2. 1. The rate of payment included in a contract between a health care provider and a health maintenance organization which was entered into prior to August 23, 2006, shall not apply to enrollees who purchase coverage from a health maintenance organization effective on or after August 28, 2006, if;

              (a) the coverage has an enrollee deductible and coinsurance obligation that is higher than was authorized by law immediately prior to August 28, 2006; and

              (b) the contract between the health care provider and the health maintenance organization or network that contracts on behalf of the of the health maintenance organization, if for a fixed term which extends past eighteen months after the health maintenance organization first provides the coverage with the higher enrollee deductible and coinsurance obligation.

              2. In such case, the rates of payment for such employees shall be determined by renegotiation between the health care provider and the health maintenance organization, or network that contracts on behalf of the health maintenance organization.

              3. The provisions of this section shall expire July 1, 2008.”; and

 

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


            Representative Jetton offered House Substitute Amendment No. 1 for House Amendment No. 4.


House Substitute Amendment No. 1

for

House Amendment No. 4


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


              Section 2. 1. The rate of payment included in an agreement between a health care provider and a health maintenance organization which was entered into prior to August 28, 2006, shall not apply to enrollees who purchase or obtain coverage from a health maintenance organization effective on or after August 28, 2006, if;

              (a) the coverage has an enrollee deductible and coinsurance obligation that is higher than was authorized by law immediately prior to August 28, 2006; and

              (b) the contract between the health care provider and the health maintenance organization or network that contracts on behalf of the of the health maintenance organization, if for a fixed term which extends past eighteen months after the health maintenance organization first provides the coverage with the higher enrollee deductible and coinsurance obligation.

              2. In such case, the rates of payment for such employees shall be determined by renegotiation between the health care provider and the health maintenance organization, or network that contracts on behalf of the health maintenance organization.

              3. The provisions of this section shall expire August 1, 2008.”; and

 

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


            On motion of Representative Jetton, House Substitute Amendment No. 1 for House Amendment No. 4 was adopted.


            Representative Portwood offered House Amendment No. 5.


            Representative Richard raised a point of order that House Amendment No. 5 goes beyond the scope of the bill.


            The Chair ruled the point of order well taken.


            Representative Johnson (47) offered House Amendment No. 6.


            Representative Cooper (120) raised a point of order that House Amendment No. 6 goes beyond the scope of the bill.


            The Chair ruled the point of order well taken.


            Representative Dempsey moved the previous question.


            Which motion was adopted by the following vote:


AYES: 093

 

 

 

 

 

 

 

 

 

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

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

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

NOES: 061

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bogetto

Bowman

Boykins

Bringer

Brooks

Brown 50

Burnett

Chappelle-Nadal

Corcoran

Curls

Darrough

Daus

Donnelly

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

Storch

Swinger

Villa

Vogt

Wagner

Walsh

Walton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

 

 

 

 

PRESENT: 004

 

 

 

 

 

 

 

 

 

Casey

Dake

Dougherty

Whorton

 

 

 

 

 

 

ABSENT WITH LEAVE: 004

 

 

 

 

 

 

Bean

Brown 30

Spreng

Wilson 130

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Cooper (120), HCS SB 1103, as amended, was adopted by the following vote:


AYES: 153

 

 

 

 

 

 

 

 

 

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

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

Henke

Hobbs

Hoskins

Hubbard

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McGhee

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

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

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

NOES: 003

 

 

 

 

 

 

 

 

 

Hughes

Portwood

Wright 137

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

 

Bean

Brown 30

Haywood

Meadows

Spreng

Wilson 130

 

 

 

 

 

 

 

 

 

VACANCIES: 001


            Representative Cooper (120) moved that HCS SB 1103, as amended, be read the third time and passed.


            Which motion was defeated by the following vote:


AYES: 055

 

 

 

 

 

 

 

 

 

Baker 123

Bearden

Bivins

Cooper 120

Cooper 155

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Dethrow

Dixon

Dougherty

Emery

Ervin

Faith

Fisher

Franz

Hoskins

Hubbard

Hunter

Icet

Jones

Kelly

Liese

Lipke

Loehner

Marsh

Munzlinger

Muschany

Myers

Parson

Pollock

Quinn

Rector

Richard

Roark

Ruestman

Sander

Sater

Schaaf

Schad

Schlottach

Self

Smith 14

Smith 150

Stevenson

St. Onge

Sutherland

Tilley

Wallace

Wasson

Wells

Mr Speaker

 

 

 

 

 

NOES: 101

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Behnen

Black

Bland

Bogetto

Bowman

Boykins

Bringer

Brooks

Brown 50

Bruns

Burnett

Casey

Chinn

Chappelle-Nadal

Cooper 158

Corcoran

Curls

Dake

Darrough

Daus

Denison

Donnelly

Dusenberg

El-Amin

Fares

Flook

Frame

Fraser

George

Guest

Harris 23

Harris 110

Haywood

Henke

Hobbs

Hughes

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Low 39

Lowe 44

May

McGhee

Meadows

Meiners

Moore

Nance

Nolte

Oxford

Page

Parker

Pearce

Phillips

Portwood

Pratt

Robb

Robinson

Roorda

Rucker

Salva

Scharnhorst

Schneider

Schoemehl

Shoemyer

Silvey

Skaggs

Smith 118

Storch

Swinger

Threlkeld

Viebrock

Villa

Vogt

Wagner

Walsh

Walton

Weter

Whorton

Wildberger

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

 

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Wilson 119

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 005

 

 

 

 

 

 

Bean

Brown 30

Nieves

Spreng

Wilson 130

 

 

 

 

 

VACANCIES: 001


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 HCR 12.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SCS HCS HB 1168, entitled:


            An act to repeal sections 338.010 and 338.095, RSMo, and to enact in lieu thereof three new sections relating to pharmacists.


            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 has taken up and passed SS#2 HB 1320, entitled:


            An act to repeal section 43.530, RSMo, and to enact in lieu thereof three new sections relating to criminal background checks.


            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 has taken up and passed SCS HCS HB 1367, entitled:


            An act to repeal sections 34.165 and 178.930, RSMo, and to enact in lieu thereof two new sections relating to state purchasing and printing.


            With Senate Amendment No. 1.


Senate Amendment No. 1


AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 1367, Page 1, Section 34.165, Lines 8-9, by striking all of the underlined words on said lines and inserting in lieu thereof the following:


              , if the participating nonprofit organization provides the greater of two percent or five thousand dollars of the total contract value of bids for purchase not exceeding ten million dollars.”.


            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 has taken up and passed SCS HCS HB 1380, entitled:


            An act to amend chapter 227, RSMo, by adding thereto twenty-four new sections relating to the Missouri public-private partnerships transportation act, with penalty provisions.


            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#2 SCS HCS HB 1456, 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#2 SCS HCS HB 1456, as amended: Senators Ridgeway, Koster, Crowell, Barnitz and Coleman.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS HCS HB 1900, entitled:


              An act to repeal sections 105.470, 105.473, 105.485, 105.487, 105.957, 105.959, 105.963, 130.011, 130.016, 130.032, 130.046, 130.050, and 130.054, RSMo, and to enact in lieu thereof sixteen new sections relating to ethics, with an effective date.


            With Senate Substitute Amendment No.1 for Senate Amendment No. 2, Senate Amendment No. 3, Senate Amendment No. 1 to Senate Amendment No. 4, Senate Amendment No. 4, as amended, Senate Amendment No. 1 to Senate Amendment No. 5, Senate Amendment No. 5, as amended and Senate Amendment No. 10.




Senate Substitute Amendment No. 1

for

Senate Amendment No. 2


AMEND Senate Substitute for House Committee Substitute for House Bill No. 1900, Page 67, Section 130.054, Line 24, by inserting after all of said line the following:


              "Section 1. The ethics commission shall study methods to improve the regulation of persons and organizations that conduct or utilize political telephone solicitations. The commission shall issue a report containing recommendations to the general assembly no later than January 1, 2007."; and


              Further amend the title and enacting clause accordingly.


Senate Amendment No. 3


AMEND Senate Substitute for House Committee Substitute for House Bill No. 1900, Page 56, Section 130.046, Line 10, by adding after the word “quarter” the following:


              “Except that the April quarterly report shall be deemed timely filed on or before the twenty-second day”.


Senate Amendment No. 1

to

Senate Amendment No. 4


AMEND Senate Amendment No. 4 to Senate Substitute for House Committee Substitute for House Bill No. 1900, Page 2, Section 115.342, Line 9, by inserting immediately after the word "state" the following:


              ", or the official who accepted such candidate's declaration of candidacy,".


                                                                         Senate Amendment No. 4


AMEND Senate Substitute for House Committee Substitute for House Bill No. 1900, Pages 31-33, Section 115.342, by striking all of said section from the bill and inserting in lieu thereof the following:


              "115.342. 1. Any person who files as a candidate for election to an office shall be disqualified from participation in the election for which the candidate has filed if such person is delinquent in the payment of any local or state taxes, including but not limited to income taxes, personal property taxes, or any business taxes for a business in which the person has a majority interest or is a past or present corporate officer of any fee office that owes any taxes to the state.

              2. Each potential candidate for election shall file an affidavit with the department of revenue and include a copy of the affidavit with the declaration of candidacy required under section 115.349, RSMo. Such affidavit shall be in substantially the following form:

"AFFIRMATION OF TAX PAYMENTS:

              I hereby declare under penalties of perjury that I am not currently aware of any delinquency in the filing or payment of any local or state taxes, other than those taxes which may be in dispute.


.............................. Candidate's Signature

.............................. Printed Name of Candidate."

              3. Upon receipt of a complaint alleging a delinquency of the candidate in the filing or payment of any local or state taxes, the department of revenue shall investigate such potential candidate to verify the claim contained in the complaint. If the department of revenue finds a positive affirmation to be false, the department shall contact the secretary of state and the potential candidate. The department shall notify the candidate of the outstanding tax owed and give the candidate thirty days to remit any such outstanding taxes owed which are not the subject of dispute between the department and the candidate. If the candidate fails to remit such amounts in full within thirty days, the candidate shall be disqualified from participating in the current election and barred from refiling for an entire election cycle even if the individual pays all outstanding taxes."; and


              Further amend the title and enacting clause accordingly.


Senate Amendment No. 1

to

Senate Amendment No. 5


AMEND Senate Amendment No. 5 to Senate Substitute for House Committee Substitute for House Bill No. 1900, Page 2, Section 105.456, Line 3, by striking the word "primary" and inserting in lieu thereof the following:


              "exclusive".


Senate Amendment No. 5


AMEND Senate Substitute for House Committee Substitute for House Bill No. 1900, Page 1, Section A, Line 7 of said page, by inserting immediately after said line the following:


              "105.456. 1. No member of the general assembly or the governor, lieutenant governor, attorney general, secretary of state, state treasurer or state auditor shall:

              (1) Perform any service for the state or any political subdivision of the state or any agency of the state or any political subdivision thereof or act in his or her official capacity or perform duties associated with his or her position for any person for any consideration other than the compensation provided for the performance of his or her official duties; or

              (2) Sell, rent or lease any property to the state or political subdivision thereof or any agency of the state or any political subdivision thereof for consideration in excess of five hundred dollars per transaction or one thousand five hundred dollars per annum unless the transaction is made pursuant to an award on a contract let or sale made after public notice and in the case of property other than real property, competitive bidding, provided that the bid or offer accepted is the lowest received; or

              (3) Attempt, for compensation other than the compensation provided for the performance of his or her official duties, to influence the decision of any agency of the state on any matter, except that this provision shall not be construed to prohibit such person from participating for compensation in any adversary proceeding or in the preparation or filing of any public document or conference thereon. The exception for a conference upon a public document shall not permit any member of the general assembly or the governor, lieutenant governor, attorney general, secretary of state, state treasurer or state auditor to receive any consideration for the purpose of attempting to influence the decision of any agency of the state on behalf of any person with regard to any application, bid or request for a state grant, loan, appropriation, contract, award, permit other than matters involving a driver's license, or job before any state agency, commission, or elected official. Notwithstanding Missouri supreme court rule 1.10 of rule 4 or any other court rule or law to the contrary, other members of a firm, professional corporation or partnership shall not be prohibited pursuant to this subdivision from representing a person or other entity solely because a member of the firm, professional corporation or partnership serves in the general assembly, provided that such official does not share directly in the compensation earned, so far as the same may reasonably be accounted, for such activity by the firm or by any other member of the firm. This subdivision shall not be construed to prohibit any inquiry for information or the representation of a person without consideration before a state agency or in a matter involving the state if no consideration is given, charged or promised in consequence thereof;

              (4) Be under contract to or be an employee of a firm whose primary mission is to influence the decisions of the general assembly, any state agency, or any political subdivision.

              2. No sole proprietorship, partnership, joint venture, or corporation in which a member of the general assembly, governor, lieutenant governor, attorney general, secretary of state, state treasurer, state auditor or spouse of such official, is the sole proprietor, a partner having more than a ten percent partnership interest, or a coparticipant or owner of in excess of ten percent of the outstanding shares of any class of stock, shall:

              (1) Perform any service for the state or any political subdivision thereof or any agency of the state or political subdivision for any consideration in excess of five hundred dollars per transaction or one thousand five hundred dollars per annum unless the transaction is made pursuant to an award on a contract let or sale made after public notice and competitive bidding, provided that the bid or offer accepted is the lowest received; or

              (2) Sell, rent, or lease any property to the state or any political subdivision thereof or any agency of the state or political subdivision thereof for consideration in excess of five hundred dollars per transaction or one thousand five hundred dollars per annum unless the transaction is made pursuant to an award on a contract let or a sale made after public notice and in the case of property other than real property, competitive bidding, provided that the bid or offer accepted is the lowest and best received."; and


              Further amend the title and enacting clause accordingly.


Senate Amendment No. 10


AMEND Senate Substitute for House Committee Substitute for House Bill No. 1900, Page 59, Section 130.046, Line 2, by striking the word "aggregate"; and


              Further amend said page and line, by striking the following "five hundred" and inserting in lieu thereof the following:


              "two hundred fifty".


            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 concur in HCS SS SCS SB 894, as amended, and requests the House 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 re-appointed the following Conference Committee to act with a like Committee from the House on HCS SS#2 SCS SBs 1014 & 730, as amended: Senators Scott, Gibbons, Vogel, Coleman and Callahan.


            Speaker Jetton resumed the Chair.


APPOINTMENT OF CONFERENCE COMMITTEES


            The Speaker appointed the following Conference Committees to act with like Committees from the Senate on the following bills:


SS#2 SCS HCS HB 1456: Representatives Roark, Hunter, Day, Burnett and Walsh

HCS SS SB 696: Representatives Flook, Richard, Pearce, Bowman and Kratky


            Speaker Pro Tem Bearden resumed the Chair.


THIRD READING OF SENATE BILLS


            HCS SS SCS SB 904, relating to management of state buildings, was taken up by Representative Lembke.


            Representative Lembke offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 904, Page 2, Section 8.010, Line 1, by inserting immediately before all of said section the following:


              "8.007. 1. The commission shall:

              (1) Exercise general supervision of the administration of sections 8.001 to 8.007;

              (2) Evaluate and recommend courses of action on the restoration and preservation of the capitol, the preservation of historical significance of the capitol and the history of the capitol;

              (3) Evaluate and recommend courses of action to ensure accessibility to the capitol for physically disabled persons;

              (4) Advise, consult, and cooperate with the office of administration, the archives division of the office of the secretary of state, the historic preservation program within the department of natural resources, the division of tourism within the department of economic development and the historical society of Missouri in furtherance of the purposes of sections 8.001 to 8.007;

              (5) Be authorized to cooperate or collaborate with other state agencies and not-for-profit organizations to publish books and manuals concerning the history of the capitol, its improvement or restoration;

              (6) Before each September first, recommend options to the governor on budget allocation for improvements or restoration of the capitol premises;

              (7) Encourage, participate in, or conduct studies, investigations, and research and demonstrations relating to improvement and restoration of the state capitol it may deem advisable and necessary for the discharge of its duties pursuant to sections 8.001 to 8.007; [and]

              (8) Hold hearings, issue notices of hearings and take testimony as the commission deems necessary; and

              (9) Assume the responsibilities of the capitol review commission and develop written policy that establishes guidelines for selection and placement of plaques, monuments, statues, pictures, and other articles in or on all buildings and grounds at the seat of government and make a determination after a review of all requests from entreating parties as to the installation of such articles.

              2. The "Second Capitol Commission Fund" is hereby created in the state treasury. Any moneys received from sources other than appropriation by the general assembly, including from private sources, gifts, donations and grants, shall be credited to the second capitol commission fund and shall be appropriated by the general assembly.

              3. The provisions of section 33.080, RSMo, to the contrary notwithstanding, moneys in the second capitol commission fund shall not be transferred and placed to the credit of the general revenue fund.

              4. The commission is authorized to accept all gifts, bequests and donations from any source whatsoever. The commission may also apply for and receive grants consistent with the purposes of sections 8.001 to 8.007. All such gifts, bequests, donations and grants shall be used or expended upon appropriation in accordance with their terms or stipulations, and the gifts, bequests, donations or grants may be used or expended for the preservation, restoration and improved accessibility and for promoting the historical significance of the capitol.

              5. The commission may copyright or obtain a trademark for any photograph, written work, art object or any product created of the capital or capital grounds. The commission may grant access, or use, of any such works to other organizations or individuals for a fee, or at its sole discretion, or waive all fees. All funds obtained through licensing fees shall be credited to the capital commission fund, in a manner similar to funds the commission receives as gifts, donations, and grants. The funds shall be used for repairs, refurbishing, or to create art, exhibits, decorations or other beautifications or adornments to the capital or its grounds."; and


              Further amend said bill, Page 3, Section 8.420, Line 1, by inserting immediately before all of said section the following:


"8.250. 1. "Project" for the purposes of this [chapter] section means the labor or material necessary for the construction, renovation, or repair of improvements to real property so that the work, when complete, shall be ready for service for its intended purpose and shall require no other work to be a completed system or component.

2. All contracts for projects[, the cost of which exceeds twenty-five] costing more than one hundred thousand dollars[,] that are entered into by any officer or agency of this state or of any city containing five hundred thousand inhabitants or more shall be let to the lowest, responsive, responsible bidder or bidders after notice and publication of an advertisement for five days in a daily newspaper in the county where the work is located, or at least twice over a period of ten days or more in a newspaper in the county where the work is located, and in [two] one daily [newspapers] newspaper in the state which [do] does not have less than fifty thousand daily circulation, and by such other means as are determined to be most likely to reach potential bidders. For all contracts for projects between ten thousand and one hundred thousand dollars, a minimum of three contractors will be solicited, with award being made to the lowest, responsive, responsible bidder or a previously bid standing contract may be utilized.

3. The number of such public bids shall not be restricted or curtailed, but shall be open to all persons complying with the terms upon which the bids are requested or solicited unless debarred for cause. No contract shall be awarded when the amount appropriated for same is not sufficient to complete the work ready for service.

4. Dividing a project into component labor or material allocations for the purpose of avoiding bidding or advertising provisions required by this section is specifically prohibited."; and


              Further amend said bill, Page 3, Section 8.1000, Line 1, by deleting all of Subsection 1 and renumbering the rest of said section accordingly; and


              Further amend said bill, Page 23, Section 701.450, Line 1, by inserting immediately before all of said section the following:


              "107.170. 1. As used in this section, the following terms mean:

              (1) "Contractor", a person or business entity who provides construction services under contract to a public entity. Contractor specifically does not include professional engineers, architects or land surveyors licensed pursuant to chapter 327, RSMo, those who provide environmental assessment services or those who design, create or otherwise provide works of art under a city's formally established program for the acquisition and installation of works of art and other aesthetic adornments to public buildings and property;

              (2) "Public entity", any official, board, commission or agency of this state or any county, city, town, township, school, road district or other political subdivision of this state;

              (3) "Public works", the erection, construction, alteration, repair or improvement of any building, road, street, public utility or other public facility owned by the public entity.

              2. (1) It is hereby made the duty of all public entities in this state, in making contracts for public works[, the cost of which is] estimated to exceed twenty-five thousand dollars, to be performed for the public entity, to require every contractor for such work to furnish to the public entity, a bond with good and sufficient sureties, in an amount fixed by the public entity, and such bond, among other conditions, shall be conditioned for the payment of any and all materials, incorporated, consumed or used in connection with the construction of such work, and all insurance premiums, both for compensation, and for all other kinds of insurance, said work, and for all labor performed in such work whether by subcontractor or otherwise.

              (2) The office of administration of the state of Missouri may waive the requirement for bonding established in subdivision (1) of this subsection for contracts that do not exceed one hundred thousand dollars.

              3. All bonds executed and furnished under the provisions of this section shall be deemed to contain the requirements and conditions as herein set out, regardless of whether the same be set forth in said bond, or of any terms or provisions of said bond to the contrary notwithstanding.

              4. Nothing in this section shall be construed to require a member of the school board of any public school district of this state to independently confirm the existence or solvency of any bonding company if a contractor represents to the member that the bonding company is solvent and that the representations made in the purported bond are true and correct. This subsection shall not relieve from any liability any school board member who has any actual knowledge of the insolvency of any bonding company, or any school board member who does not act in good faith in complying with the provisions of subsection 2 of this section.

              5. A public entity may defend, save harmless and indemnify any of its officers and employees, whether elective or appointive, against any claim or demand, whether groundless or otherwise arising out of an alleged act or omission occurring in the performance of a duty under this section. The provisions of this subsection do not apply in case of malfeasance in office or willful or wanton neglect of duty."; and


              Further amend said bill, Page 23, Section 701.450, Line 1, by inserting immediately before all of said section the following:


              "610.021. Except to the extent disclosure is otherwise required by law, a public governmental body is authorized to close meetings, records and votes, to the extent they relate to the following:

              (1) Legal actions, causes of action or litigation involving a public governmental body and any confidential or privileged communications between a public governmental body or its representatives and its attorneys. However, any minutes, vote or settlement agreement relating to legal actions, causes of action or litigation involving a public governmental body or any agent or entity representing its interests or acting on its behalf or with its authority, including any insurance company acting on behalf of a public government body as its insured, shall be made public upon final disposition of the matter voted upon or upon the signing by the parties of the settlement agreement, unless, prior to final disposition, the settlement agreement is ordered closed by a court after a written finding that the adverse impact to a plaintiff or plaintiffs to the action clearly outweighs the public policy considerations of section 610.011, however, the amount of any moneys paid by, or on behalf of, the public governmental body shall be disclosed; provided, however, in matters involving the exercise of the power of eminent domain, the vote shall be announced or become public immediately following the action on the motion to authorize institution of such a legal action. Legal work product shall be considered a closed record;

              (2) Leasing, purchase or sale of real estate by a public governmental body where public knowledge of the transaction might adversely affect the legal consideration therefor. However, any minutes, vote or public record approving a contract relating to the leasing, purchase or sale of real estate by a public governmental body shall be made public upon execution of the lease, purchase or sale of the real estate;

              (3) Hiring, firing, disciplining or promoting of particular employees by a public governmental body when personal information about the employee is discussed or recorded. However, any vote on a final decision, when taken by a public governmental body, to hire, fire, promote or discipline an employee of a public governmental body shall be made available with a record of how each member voted to the public within seventy-two hours of the close of the meeting where such action occurs; provided, however, that any employee so affected shall be entitled to prompt notice of such decision during the seventy-two-hour period before such decision is made available to the public. As used in this subdivision, the term "personal information" means information relating to the performance or merit of individual employees;

              (4) The state militia or national guard or any part thereof;

              (5) Nonjudicial mental or physical health proceedings involving identifiable persons, including medical, psychiatric, psychological, or alcoholism or drug dependency diagnosis or treatment;

              (6) Scholastic probation, expulsion, or graduation of identifiable individuals, including records of individual test or examination scores; however, personally identifiable student records maintained by public educational institutions shall be open for inspection by the parents, guardian or other custodian of students under the age of eighteen years and by the parents, guardian or other custodian and the student if the student is over the age of eighteen years;

              (7) Testing and examination materials, before the test or examination is given or, if it is to be given again, before so given again;

              (8) Welfare cases of identifiable individuals;

              (9) Preparation, including any discussions or work product, on behalf of a public governmental body or its representatives for negotiations with employee groups;

              (10) Software codes for electronic data processing and documentation thereof;

              (11) Specifications for competitive bidding, until either the specifications are officially approved by the public governmental body or the specifications are published for bid;

              (12) Sealed bids [and related documents], until the bids are opened; all related documents, until the intent to award notice has been mailed; and sealed proposals and related documents or any documents related to a negotiated contract until a contract is executed, or all proposals are rejected;

              (13) Individually identifiable personnel records, performance ratings or records pertaining to employees or applicants for employment, except that this exemption shall not apply to the names, positions, salaries and lengths of service of officers and employees of public agencies once they are employed as such, and the names of private sources donating or contributing money to the salary of a chancellor or president at all public colleges and universities in the state of Missouri and the amount of money contributed by the source;

              (14) Records which are protected from disclosure by law;

              (15) Meetings and public records relating to scientific and technological innovations in which the owner has a proprietary interest;

              (16) Records relating to municipal hotlines established for the reporting of abuse and wrongdoing;

              (17) Confidential or privileged communications between a public governmental body and its auditor, including all auditor work product; however, all final audit reports issued by the auditor are to be considered open records pursuant to this chapter;

              (18) Operational guidelines and policies developed, adopted, or maintained by any public agency responsible for law enforcement, public safety, first response, or public health for use in responding to or preventing any critical incident which is or appears to be terrorist in nature and which has the potential to endanger individual or public safety or health. Nothing in this exception shall be deemed to close information regarding expenditures, purchases, or contracts made by an agency in implementing these guidelines or policies. When seeking to close information pursuant to this exception, the agency shall affirmatively state in writing that disclosure would impair its ability to protect the safety or health of persons, and shall in the same writing state that the public interest in nondisclosure outweighs the public interest in disclosure of the records. This exception shall sunset on December 31, 2008;

              (19) Existing or proposed security systems and structural plans of real property owned or leased by a public governmental body, and information that is voluntarily submitted by a nonpublic entity owning or operating an infrastructure to any public governmental body for use by that body to devise plans for protection of that infrastructure, the public disclosure of which would threaten public safety:

              (a) Records related to the procurement of or expenditures relating to security systems purchased with public funds shall be open;

              (b) When seeking to close information pursuant to this exception, the public governmental body shall affirmatively state in writing that disclosure would impair the public governmental body's ability to protect the security or safety of persons or real property, and shall in the same writing state that the public interest in nondisclosure outweighs the public interest in disclosure of the records;

              (c) Records that are voluntarily submitted by a nonpublic entity shall be reviewed by the receiving agency within ninety days of submission to determine if retention of the document is necessary in furtherance of a state security interest. If retention is not necessary, the documents shall be returned to the nonpublic governmental body or destroyed;

              (d) This exception shall sunset on December 31, 2008;

              (20) Records that identify the configuration of components or the operation of a computer, computer system, computer network, or telecommunications network, and would allow unauthorized access to or unlawful disruption of a computer, computer system, computer network, or telecommunications network of a public governmental body. This exception shall not be used to limit or deny access to otherwise public records in a file, document, data file or database containing public records. Records related to the procurement of or expenditures relating to such computer, computer system, computer network, or telecommunications network, including the amount of moneys paid by, or on behalf of, a public governmental body for such computer, computer system, computer network, or telecommunications network shall be open; and

              (21) Credit card numbers, personal identification numbers, digital certificates, physical and virtual keys, access codes or authorization codes that are used to protect the security of electronic transactions between a public governmental body and a person or entity doing business with a public governmental body. Nothing in this section shall be deemed to close the record of a person or entity using a credit card held in the name of a public governmental body or any record of a transaction made by a person using a credit card or other method of payment for which reimbursement is made by a public governmental body."; and


              Further amend the title and enacting clause accordingly


            Representative Harris (110) offered House Amendment No. 1 to House Amendment No. 1.


House Amendment No. 1

to

House Amendment No. 1


AMEND House Amendment No. 1 to House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 904, Page 8, Section 107.170, Line 6, by inserting:


              6. Any assets or funds from the proceeds, fees or revenues, however such assets or funds were acquired, of the higher education loan authority established pursuant to section 173.360, RSMo, that are transferred to or used by the state or any department, division, agency or board of the state, shall not be used in connection with any activity prohibited by section 196.1127, RSMo.”; and


              Further amend the title, enacting clause and intersection references of said bill accordingly.


            Representative Flook 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 not well taken.




            On motion of Representative Harris (110), House Amendment No. 1 to House Amendment No. 1 was adopted by the following vote:


AYES: 105

 

 

 

 

 

 

 

 

 

Baker 123

Bearden

Behnen

Bivins

Black

Bringer

Brown 50

Bruns

Casey

Chinn

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Dake

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fisher

Franz

George

Harris 110

Henke

Hobbs

Icet

Jackson

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lembke

Liese

Lipke

Loehner

Marsh

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Roark

Robinson

Roorda

Rucker

Ruestman

Salva

Sander

Sater

Schad

Scharnhorst

Schlottach

Schneider

Schoemehl

Self

Shoemyer

Silvey

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Wagner

Wallace

Walsh

Wasson

Wells

Weter

Wilson 119

Wood

Wright 137

Wright 159

Yaeger

Yates

Mr Speaker

 

 

 

 

 

NOES: 051

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Bland

Bogetto

Bowman

Boykins

Brooks

Burnett

Chappelle-Nadal

Cooper 120

Curls

Daus

Donnelly

El-Amin

Fares

Flook

Frame

Fraser

Guest

Harris 23

Haywood

Hoskins

Hubbard

Hughes

Hunter

Johnson 47

Johnson 61

Johnson 90

Jolly

Lampe

LeVota

Low 39

Lowe 44

May

McGhee

Oxford

Page

Richard

Robb

Schaaf

Skaggs

Storch

Vogt

Walton

Whorton

Wildberger

Witte

Wright-Jones

Young

Zweifel

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

 

Bean

Brown 30

Darrough

Dougherty

Spreng

Wilson 130

 

 

 

 

 

 

 

 

 

VACANCIES: 001




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


AYES: 130

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Bearden

Behnen

Bivins

Black

Boykins

Bringer

Brown 50

Bruns

Burnett

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Dake

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

George

Guest

Harris 110

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hunter

Icet

Jackson

Johnson 47

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

Liese

Lipke

Loehner

Lowe 44

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

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

Wagner

Wallace

Walsh

Wells

Weter

Wildberger

Wilson 119

Witte

Wood

Wright 137

Wright 159

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

NOES: 025

 

 

 

 

 

 

 

 

 

Baker 25

Bland

Bogetto

Bowman

Chappelle-Nadal

Curls

Darrough

Daus

Frame

Fraser

Harris 23

Hughes

Johnson 61

Johnson 90

Jolly

LeVota

Low 39

Oxford

Page

Skaggs

Storch

Vogt

Walton

Whorton

Wright-Jones

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Brooks

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

 

Bean

Brown 30

Dougherty

Spreng

Wasson

Wilson 130

 

 

 

 

 

 

 

 

 

VACANCIES: 001


            Representative Zweifel offered House Amendment No. 2.




House Amendment No. 2


AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 904, Page 1, Line 3 of the Title, by inserting after the word “provisions” the following:


              “and an emergency clause for a certain section”; and


              Further amend said bill, Page 14, Section 1, Line 6, by inserting after all of said line the following:


              Section 2. Prior to any sale, transfer or liquidation of any asset, or agreement to sell, transfer, or liquidate any asset pursuant to a resolution adopted by the Missouri Higher Education Loan Authority on January 31, 2006, and readopted by the authority on March 10, 2006, the authority shall hire an independent firm to conduct an analysis of the financial and legal ramifications of the proposed sale. The financial analysis of the proposed sale shall include an actuarial analysis along with individualized findings as to the effect the proposed sale will have on the authority itself and the effect such sale will have on loan interest rates for current and future student borrowers. The legal analysis shall include findings as to the effect of the proposed sale on the status and securitization of taxable and tax-exempt bonds issued by the authority, the impact of the proposed sale on the holders of such taxable and tax-exempt bonds, and the legality of the use of funds generated from the sale of tax-exempt bonds for purposes other than those for which the bonds were issued.”; and


              Further amend said bill, Page 14, Section 2, by inserting after all of said section the following:


              Section B. Because of the need to provide for timely review, the enactment of section 2 is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and the enactment of section 2 shall be in full force and effect upon its passage and approval.”; and


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


            Representative Storch offered House Amendment No. 1 to House Amendment No. 2.


House Amendment No. 1

to

House Amendment No. 2


AMEND House Amendment No. 2 to House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 904, Page 1, Line 9, by inserting after “March 10, 2006", on said line, the following:


              or any similar resolution adopted by the authority”; and


              Further amend said amendment, Page 1, Line 18, by inserting after the word “issued”, on said line the following:


              The analysis required by this section shall be a public record and shall be transmitted to the general assembly upon receipt by the authority.


            On motion of Representative Storch, House Amendment No. 1 to House Amendment No. 2 was adopted.


            On motion of Representative Zweifel, House Amendment No. 2, as amended, was adopted.


            Representative Hunter offered House Amendment No. 3.


            Representative Darrough raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.


            The Chair ruled the point of order not well taken.


            Representative Behnen assumed the Chair.


            House Amendment No. 3 was withdrawn.


            Representative Yates offered House Amendment No. 4.


House Amendment No. 4


AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 904, Pages 13-14, Section 701.450.4(1), Lines 1-6, by deleting all of said lines.


            Representative Walsh offered House Amendment No. 1 to House Amendment No. 4.


            House Amendment No. 1 to House Amendment No. 4 was withdrawn.


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


            Representative Walsh offered House Amendment No. 5.


House Amendment No. 5


AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 904, Page 14, Section 1, Line 6, by inserting after all of said line the following:


              "Section 1. 1. Every contractor or other employer working on a public works project in this state shall require each newly hired independent contractor to fill out a federal W-9 form. Copies of the forms shall be forwarded to the department of revenue within thirty days from the hiring of each independent contractor.

              2. Any contractor or other employer working on a public works project in this state shall not, in an attempt to avoid tax liability or reporting requirements for any employee, avoid payments to the unemployment compensation fund under chapter 288, RSMo, or avoid payments to the second injury fund under chapter 287, RSMo, denote or treat such employee as an independent contractor, contract labor, or any other term or category implying the absence of an employment relationship.

              3. Any interested party, including a bidder, contractor, subcontractor or any person employed on a public works project, or the department of revenue may, upon reasonable suspicion that any contractor or subcontractor is currently or has misclassified employees as independent contractors, file a complaint with the labor and industrial relations commission alleging a violation of this section.

              4. Upon receiving such a complaint, the labor and industrial relations commission shall investigate each claim for a determination of a violation of this section. In determining whether there was a violation of this section, the commission shall compel each contractor or subcontractor to provide records documenting each independent contractor's job title, a description of the work performed on the project and the number of hours the individual in question has worked on the project. Within sixty days of receiving a complaint under this section, the commission shall conduct a hearing to determine a violation of this section. At the hearing, there shall be a rebuttable presumption that any independent contractor who has logged two thousand eighty hours on the project has been misclassified as an independent contractor. This presumption may be rebutted if the employer establishes by a preponderance of the evidence that the independent contractor in question was properly classified. The commission shall have power to administer oaths, take testimony, subpoena and require the attendance of witnesses and the production of accounts, books, papers, records, and other documents. Subpoenas may be signed by any member of the commission. In case of failure to obey a subpoena, and upon application by the commission, any judge of a court of competent jurisdiction of the state in which the commission is sitting or in which the person to whom the subpoena is directed may be found may make an order requiring compliance with the subpoena, and the court may punish failure to obey the order as a contempt.

              5. Either party may appeal the commission's finding to the circuit court of Cole County.

              6. Any such contractor or other employer who misclassifies an employee as an independent contractor or otherwise misclassifies the employee's employment status shall be fined an amount equal to twice the amount of tax otherwise due on the employee's taxable wages, payments otherwise due to the unemployment compensation fund under chapter 288, RSMo, and payments otherwise due to the second injury fund under chapter 287, RSMo, to be paid to the department of labor.

              7. No such contractor or other employer shall terminate or in any manner discriminate against an employee because the employee has communicated to the employer the intent to seek reclassification as an employee instead of an independent contractor or has communicated the intent to file an action alleging a violation of this section.

              8. The director of revenue is authorized to take all necessary action to enforce the provisions of this section, including, but not limited to, taking all actions necessary to collect the fines and taxes due under this section. The director of revenue shall direct to the unemployment compensation fund and to the second injury fund amounts that are collected for payments due to those funds."; and


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


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


            Representative Bringer offered House Amendment No. 6.


            Speaker Pro Tem Bearden resumed the Chair.


            Representative Flook raised a point of order that House Amendment No. 6 is not germane and goes beyond the scope of the bill.


            The Chair ruled the point of order well taken.


            Representative George offered House Amendment No. 7.


            Representative Flook raised a point of order that House Amendment No. 7 goes beyond the scope of the bill.


            The Chair ruled the point of order well taken.


            On motion of Representative Lembke, HCS SS SCS SB 904, as amended, was adopted.


            On motion of Representative Lembke, HCS SS SCS SB 904, as amended, was read the third time and passed by the following vote:


AYES: 146

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bogetto

Boykins

Bringer

Brooks

Brown 50

Bruns

Burnett

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Dake

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fisher

Flook

Frame

Franz

Fraser

George

Guest

Harris 110

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

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

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Wagner

Wallace

Walsh

Walton

Wells

Weter

Whorton

Wildberger

Wilson 119

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 007

 

 

 

 

 

 

 

 

 

Baker 25

Bowman

Harris 23

Hughes

Oxford

Skaggs

Vogt

 

 

 

 

 

 

 

 

PRESENT: 002