Journal of the House


Second Regular Session, 93rd General Assembly




SEVENTY-SECOND DAY, Thursday, May 11, 2006

The House met pursuant to adjournment.


            Speaker Jetton in the Chair.


            Prayer by Chris Dunn, Legislative Information Coordinator, Office of the Speaker.


              Heavenly Father,


              As the river and farmland surround us to the east; as the bricks and mortar and hustle and bustle of the city surround us on the west; and as the sun and rain have washed over us these past few days; we are reminded that You are the Creator of it all. You are awesome because You have placed us right here, right now, to tend to the affairs of our state.


              You tell us to “Remember your Creator in the days of your youth, before the days of trouble come...” Lord we pause in this moment to remember You. All that You have made, all that You have sacrificed, and all that You have blessed us with, we remember right now. Some may not feel so young today, and some may feel like the days of trouble are already upon us, but we pause in this moment to remember You. (Ecclesiastes 12:1a)


              Help us not to seek praise and honor from men, but from You Lord. This requires humility and we earnestly ask You for humility before our business begins.


              Some of us surely feel tired today. Strengthen our minds and bodies for the remaining hours of this session. You have given each of us a mission to accomplish and we stand ready to accomplish it with Your help.


              We ask for one more thing Lord. Your word says “For he who is least among you all—he is the greatest.” Help us become great by giving us the opportunity to serve. Let us serve one another and serve our constituents well. For Your glory. (Luke 9:48b)


              In Your name 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: Mary Snapp, Samuel Snapp, Stewart Snapp, Alexandra Yeager, MacKenzie Yeager, Brendan Yeager, Rachel Urban, Jennifer Urban, Victoria Urban, Ben Isaacs, Joe Isaacs, Tom Isaacs, James Schuchard, David Williams, Stephen Williams, Jesse Schnakenberg, Mariah Reynolds, Samatha Walker, Allison Thaller and Sadie Dasovich.


            The Journal of the seventy-first day was approved as printed.




HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 3506 - Representative Jetton

            House Resolution No. 3507 - Representative Kingery

            House Resolution No. 3508 - Representative Phillips

            House Resolution No. 3509 - Representative May

            House Resolution No. 3510

                         through

            House Resolution No. 3513 - Representative Cunningham (145)

            House Resolution No. 3514 - Representative Jackson

            House Resolution No. 3515 - Representative Baker (25)

            House Resolution No. 3516

                        through

            House Resolution No. 3518 - Representative May

            House Resolution No. 3519 - Representative Jetton

            House Resolution No. 3520 - Representative Sanders Brooks

            House Resolution No. 3521 - Representative Wilson (130)

            House Resolution No. 3522 - Representative Jetton

            House Resolution No. 3523 - Representative Denison

            House Resolution No. 3524

                        and

            House Resolution No. 3525 - Representative Low (39)

            House Resolution No. 3526 - Representative Smith (14)

            House Resolution No. 3527 - Representative Swinger

            House Resolution No. 3528 - Representative Loehner

            House Resolution No. 3529 - Representative Harris (23)

            House Resolution No. 3530

                        and

            House Resolution No. 3531 - Representative Brown (30)

            House Resolution No. 3532 - Representative Quinn


COMMITTEE REPORTS


            Committee on Fiscal Review, Chairman Guest reporting:


            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS SCS SBs 567 & 792 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.


            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS SCS SB 616 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.


            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS#2 SCS SB 1221 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.


            Mr. Speaker: Your Committee on Fiscal Review, to which was referred SCS SBs 1239 & 1091 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.


MESSAGE FROM THE SENATE


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House on SB 766, with HA 1: Senators Vogel, Nodler, Champion, Coleman and Callahan.


CONFERENCE COMMITTEE APPOINTMENTS


            The Speaker appointed the following Representatives to serve on the following Conference Committees:


HCS SS SCS SB 904: Representatives Walsh and Bringer

SB 766: Representatives Yaeger and Wright-Jones


HOUSE CONCURRENT RESOLUTION


            HCR 31, relating to the “Great Rivers” state slogan, was taken up by Representative Fraser.


            On motion of Representative Fraser, HCR 31 was adopted.


HOUSE RESOLUTIONS


            HR 1930, relating to the petroleum industry, was taken up by Representative Emery.


            On motion of Representative Emery, HR 1930 was adopted.


            HR 2446, relating to condemnation of genocide in Darfur, was taken up by Representative Page.


            On motion of Representative Page, HR 2446 was adopted.


            HR 2439, relating to Mark Twain National Forest land, was taken up by Representative Wood.


            On motion of Representative Wood, HR 2439 was adopted.


            HR 1475, relating to the Constitution Restoration Act, was taken up by Representative Wright (137).


            On motion of Representative Wright (137), HR 1475 was adopted.


HOUSE CONCURRENT RESOLUTION


            HCR 23, relating to the No Child Left Behind Act, was taken up by Representative Wilson (130).


            On motion of Representative Wilson (130), HCR 23 was adopted.


THIRD READING OF SENATE BILLS


            HCS SCS SB 616, relating to assisted living facilities, was taken up by Representative Bruns.


            Representative Bruns offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 616, Section 198.005, Page 5, Line 113, by inserting after the word “recuperation” the following:

 

              except that, for purposes of receiving supplemental welfare assistance payments under section 208.030, RSMo, only any residential care facility licensed as a residential care facility II immediately prior to the effective date of section 198.073 and that continues to meet such licensure requirements for a residential care facility II licensed immediately prior to the effective date of section 198.073 shall continue to receive after the effective date of section 198.073 the payment amount allocated immediately prior to the effective date of section 198.073 for a residential care facility II under section 208.030"; and


              Further amend said section, Page 5, Line 137, by inserting after the word “institutional” the following:


              with respect to construction and physical plant standards”; and


              Further amend said substitute, Section 198.073, Page 8, Line 104, by inserting after the word “reimbursement” the following:


              , not including residents’ cost of living increases in their benefits from the Social Security Administration after the effective date of this act,”; and


              Further amend said section, Page 8, Line 105, by deleting the words “forty-five percent of the average total reimbursement rate for care of such persons in a skilled nursing facility” and insert in lieu thereof the following:


              forty-one dollars per day”; and


              Further amend said section, Page 11, Line 204, by inserting after all of said line the following:


              Any residential care facility II licensed under this chapter which does not use the term “assisted living” in the name of their licensed facility on or before May 1, 2006, shall be prohibited from using such term after August 28, 2006, unless such facility meets the requirements for an assisted living facility in subsection 4 of this section.”; and


              Further amend said section, Page 11, Lines 205-209, by deleting all of said lines; and


              Further amend said substitute, Section 1, Page 12, Lines 1-4, by deleting all of said lines; and


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


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


            Representative Sutherland offered House Amendment No. 2.




House Amendment No. 2


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 616, Page 2, Section 198.006, Line 32, by inserting after the second appearance of the word "who" on said line the word "may"; and


              Further amend said bill, Page 2, Section 198.006, Line 33, by deleting the words "one or more of"; and


              Further amend said bill, Page 5, Section 198.006, Line 136, by deleting the phrase "residential care facility I or"; and


              Further amend said bill, Page 8, Section 198.073, Line 99, by inserting after the words "residential care facility" the numeral "II"; and


              Further amend said bill, Page 9, Section 198.073, Line 112, by deleting the phrase "applying for licensure" and inserting in lieu thereof the word "licensed"; and


              Further amend said bill, Page 9, Section 198.073, Line 113, by deleting the phrase "that were not licensed as a residential care facility II on August 27, 2006" and inserting in lieu thereof the following:


              "except for facilities licensed under subsection 3 of this section"; and


              Further amend said bill, Page 9, Section 198.073, Line 114, by inserting after the word "admit" the words "or retain"; and


              Further amend said bill, Page 9, Section 198.073, Lines 114 and 115, by deleting the phrase ", or remain in such facility,"; and


              Further amend said bill, Page 9, Section 198.073, Line 134, by deleting the word and number "subsection 6" and inserting in lieu thereof the word and number "subsection 7"; and


              Further amend said bill, Page 11, Section 198.073, Line 202, by deleting the first appearance of the word "facility" on said line and inserting in lieu thereof the word "entity"; and


              Further amend said bill, Page 11, Section 198.073, Line 211, by deleting the number "28" and inserting in lieu thereof the number "27"; and


              Further amend said bill, Page 11, Section 198.073, Line 213, by inserting after the word "Code" the number and word "13 or"; and


              Further amend said bill, Page 12, Section 198.073, Lines 3 and 4, by deleting the phrase "unless licensed as an assisted living facility"; and


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


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


            Representative Bruns offered House Amendment No. 3.


House Amendment No. 3


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 616, Section 198.073, Page 8, Line 99, by inserting after the words “residential care facility” the following:


              II”; and


              Further amend said section, Page 11, Line 202, by deleting the first appearance of the word “facility” and inserting in lieu thereof the following:


              entity”; and


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


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


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


House Amendment No. 4


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 616, Page 12, Section 1, Line 4, by inserting after said line the following:


              Section 2. The department of social services, division of medical services and the department of health and senior services, division of senior and disability services shall work together to implement a new Medicaid payment system for assisted living facilities defined in 198.006 RSMo. The departments shall look at possible options including but not limited to federal Medicaid waivers, state plan amendments and provisions of the federal Deficit Reduction Act of 2005 that will allow a tiered rate system via a bundled monthly rate for all services not included in the room and board function of the facility including but not limited to: adult day care/socialization activities, escort services, essential shopping, health maintenance activities, housekeeping activities, meal preparation, laundry services, medication assistance (set-up and administration), personal care services, assistance with activities of daily living and instrumental activities of daily living, transportation services, nursing supervision, health promotion and exercise programming, emergency call systems, incontinence supplies, and companion services. The amount of the personal funds allowance for the Medicaid recipient residing in an assisted living facility shall include enough money for over-the-counter medications and co-payments for Medicaid and Medicare Part D services. The departments shall work with assisted living facility provider groups in developing this new payment system. The department of social services shall submit all necessary applications for implementing this new system singularly or within a multi-service state Medicaid waiver application to the secretary of the federal Department of Health and Human Services by July 1, 2007.”; and


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


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


            Representative Wright (137) offered House Amendment No. 5.


House Amendment No. 5


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 616, Page 12, Line 5, by inserting immediately after all of said line the following:


              "198.087. To ensure uniformity of application of regulation standards in long-term care facilities throughout the state, the department of social services shall:

              (1) Evaluate the requirements for inspectors or surveyors of facilities, including the eligibility, training, and testing requirements for the position. Based on the evaluation, the department shall develop and implement additional training and knowledge standards for inspectors and surveyors;

              (2) Periodically evaluate the performance of the inspectors or surveyors regionally and statewide to identify any deviations or inconsistencies in regulation application. At a minimum, the Missouri on-site surveyor evaluation process and the number and type of actions overturned by the informal dispute resolution process and formal appeal shall be used in the evaluation. Based on such evaluation, the department shall develop standards and a retraining process for the region, state, or individual inspector or surveyor, as needed;

              (3) In addition to the provisions of subdivisions (1) and (2) of this section, the department shall develop a single uniform comprehensive and mandatory course of instruction for inspectors/surveyors on the practical application of enforcement of statutes, rules, and regulations. Such course shall also be open to attendance by administrators and staff of facilities licensed pursuant to this chapter;

              (4) With the full cooperation of and in conjunction with the department of health and senior services, evaluate the implementation and compliance of the provisions of subdivision (3) of subsection 1 of section 198.012 in which rules, requirements, regulations, and standards under section 197.080, RSMo, for residential care facilities II, intermediate care facilities, and skilled nursing facilities attached to an acute care hospital are consistent with the intent of this chapter. A report of the differences found in the evaluation conducted under this subdivision shall be made jointly by the departments of social services and health to the governor and members of the general assembly by January 1, 2008; and

              (5) With the full cooperation and in conjunction with the department of health and senior services, develop rules and regulations requiring the exchange of information, including regulatory violations, between the departments to ensure the protection of individuals who are served by health care providers regulated by either the department of health and senior services or the department of social services;

              (6) With the full cooperation of and in conjunction with the department of health and senior services, develop a pilot project to be conducted in at least one of the seven regions of the department of health and senior services in the state designed to evaluate the implementation of and compliance with section 198.073 and that the rules, requirements, regulations, and standards developed there under relating to assisted living facilities are consistent with the intent of this chapter;

              (a) The pilot project survey team shall, at a minimum, consist of the following:

              a. A licensed nursing home administrator who has been licensed by the state of Missouri as a nursing home administrator for at least three years and has served as an administrator of intermediate or skilled care nursing center for at least one year and who has not been terminated from any administrator's position for cause;

              b. A registered nurse who has been licensed by the state of Missouri as a registered nurse for at least three years and has served as a director of nursing in an intermediate or skilled care nursing center for at least one year who has not been terminated from any director of nursing position for cause;

              c. A certified nurses aide who has been certified by the state of Missouri as a certified nurses aide for at least six years and has worked served as a certified nurses aide in an intermediate or skilled care nursing center for at least three years and who has not been terminated from any certified nurses aide position for cause;

              (b) The pilot project survey team shall inspect all assisted living facilities in its region to determine compliance with the stat licensing laws and regulations governing assisted living facilities;

              (c) No later than January 1, 2007, the department of health and senior services shall develop a survey tool to enable the pilot project survey team to comprehensively assess during one survey for regulatory and licensing compliance for all services received by the assisted living facility resident in the assisted living facility provided by any health care provider licensed or certified by the department of health and senior services;

              (d) No later than January 1, 2007, the department of health and senior services shall develop a tool to measure the impact of the shared responsibility agreement which allows for variations in standards and policies based on the preferences of the resident or the resident's legal representative that has the potential for serious adverse outcomes on the assisted living facility residents' health and safety;

              (e) Inspections or surveys under this pilot project shall begin no later than June 1, 2007."; and


              Further amend the title and enacting clause accordingly.


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


House Amendment No. 1

to

House Amendment No. 5


AMEND House Amendment No. 5 to House Committee Substitute for Senate Committee Substitute for Senate Bill No. 616, Pages 2-3, Subsection 6 of Section 198.087, by deleting all of said subsection; and


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


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


            On motion of Representative Wright (137), House Amendment No. 5, as amended, was adopted.


            On motion of Representative Bruns, HCS SCS SB 616, as amended, was adopted.


            On motion of Representative Bruns, HCS SCS SB 616, as amended, was read the third time and passed by the following vote:


AYES: 150

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

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

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Salva

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoemehl

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 150

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walton

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Yates

Young

Mr Speaker

 

 

 

 

 

NOES: 001

 

 

 

 

 

 

 

 

 

Yaeger

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 011

 

 

 

 

 

 

Bean

Black

Brown 30

Hunter

Kelly

Smith 118

Spreng

Walsh

Wasson

Wright-Jones

Zweifel

 

 

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Jetton declared the bill passed.


            HCS#2 SCS SB 1221, relating to crime, was taken up by Representative Lipke.


            Representative Lipke offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 1221, Section 486.185, Pages 58-59, Lines 1-36, by deleting all of said lines from the substitute; 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.


            Representative Lipke offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 1221, Section 409.5-508, Page 55, Line 9, by inserting immediately after the word “criminal” in the second instance the word “securities”; and


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


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


            Representative Richard offered House Amendment No. 3.


House Amendment No. 3


AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 1221, Section 409.1-102, Page 32, Lines 46-48, by deleting the following:


              that is not an “insured depository institution” as defined in section 3(c)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)(2)), or any successor federal statute”; and


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


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


            Representative Tilley offered House Amendment No. 4.




House Amendment No. 4


AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 1221, Section 573.037, Page 67, Line 7, by inserting immediately after said line the following:


              “575.080. 1. A person commits the crime of making a false report if [he] such person knowingly:

              (1) Gives false information to any person for the purpose of implicating another person in a crime; or

              (2) Makes a false report to a law enforcement officer that a crime has occurred or is about to occur; or

              (3) Makes a false report or causes a false report to be made to a law enforcement officer, security officer, fire department or other organization, official or volunteer, which deals with emergencies involving danger to life or property that a fire or other incident calling for an emergency response has occurred or is about to occur.

              2. It is a defense to a prosecution under subsection 1 of this section that the actor retracted the false statement or report before the law enforcement officer or any other person took substantial action in reliance thereon.

              3. The defendant shall have the burden of injecting the issue of retraction under subsection 2 of this section.               4. Making a false report is a class [B misdemeanor] A misdemeanor.”; and


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


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


            Representative Jones offered House Amendment No. 5.


House Amendment No. 5


AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 1221, Section 590.035, Page 77, Line 4, by inserting immediately after said line the following:


              “590.190. The director is authorized to promulgate rules and regulations to implement the provisions of sections 590.010 to 590.190. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2001, shall be invalid and void.”; and


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


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


            Representative Bruns offered House Amendment No. 6.


House Amendment No. 6


AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 1221, Section 210.482, Page 25, Line 50, by inserting immediately after said line the following:


              “210.1012. 1. There is hereby created a statewide program called the "Amber Alert System" referred to in this section as the "system" to aid in the identification and location of an abducted [persons] child.

              2. For the purposes of this section, "abducted [person] child" means a [person] child whose whereabouts are unknown and who is:

              (1) Less that eighteen years of age and reasonably believed to be the victim of the crime of kidnapping as defined by section 565.110, RSMo, as determined by local law enforcement;

              (2) Reasonably believed to be the victim of the crime of child kidnapping, as defined by section 565.115, RSMo, as determined by law enforcement; or

              (3) Less than eighteen years of age and at least fourteen years of age, and who would otherwise be reasonably believed to be a victim of child kidnapping as defined by section 565.115, RSMo, as determined by law enforcement, if such person was under the age of fourteen.

              3. The department of public safety shall develop regions to provide the system. The department of public safety shall coordinate local law enforcement agencies and public commercial television and radio broadcasters to provide an effective system. In the event that a local law enforcement agency opts not to set up a system and an abduction occurs within the jurisdiction, it shall notify the department of public safety who will notify local media in the region.

              4. The Amber alert system shall include all state agencies capable of providing urgent and timely information to the public together with broadcasters and other private entities that volunteer to participate in the dissemination of urgent public information. At a minimum, the Amber alert system shall include the department of public safety, highway patrol, department of transportation, department of health and senior services, and Missouri lottery.

              5. The department of public safety shall have the authority to notify other regions upon verification that the criteria established by the oversight committee has been met.

              6. Participation in an Amber alert system is entirely at the option of local law enforcement agencies and federally licensed radio and television broadcasters.

              7. Any person who knowingly makes a false report that triggers an alert pursuant to this section is guilty of a class A misdemeanor.”; and


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


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


            Representative Behnen assumed the Chair.


            Representative Bruns offered House Amendment No. 7.


House Amendment No. 7


AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 1221, Section 3, Page 85, Line 3, by inserting immediately after said line the following:


              Section 4. 1. The department of public safety has the authority to promulgate rules establishing recommended procedures for issuing missing endangered person advisories. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2006, shall be invalid and void.

              2. For the purposes of this section, "missing endangered person" means a person whose whereabouts are unknown and who is:

              (1) Physically or mentally disabled to the degree that the person is dependent upon an agency or another individual;

              (2) Missing under circumstances indicating that the missing person’s safety may be in danger; or

              (3) Missing under involuntary or unknown circumstances.”; and


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


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


            Representative Cooper (158) offered House Amendment No. 8.




House Amendment No. 8


AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 1221, Section 565.182, Page 64, Line 8, by inserting after all of said line the following:


              565.320. 1. As used in this section the following terms shall mean:

              (1) "Crime of violence", any crime which involved the threat or use of physical force against an elderly person;

              (2) "Elderly", a person sixty-five years of age or older.

              2. Notwithstanding any other provision of law no court shall sentence a person who has pled guilty or nolo contendere to or has been found guilty of a crime of violence against the elderly to a term of imprisonment of less than thirty consecutive days or to pay a fine in lieu of a term of imprisonment, nor shall such person be eligible for parole or probation until he or she has served a minimum of thirty consecutive days of imprisonment.”; and


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


            On motion of Representative Cooper (158), House Amendment No. 8 was adopted.


            Representative Franz offered House Amendment No. 9.


House Amendment No. 9


AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 1221, Section 578.409, Pages 76-77, Lines 1-32, by deleting all of said lines; and


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


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


            Representative Bringer offered House Amendment No. 10.


House Amendment No. 10


AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 1221, Page 69, Section 577.020, Line 53, by inserting after said line the following:


              “Full information is limited to the following:

              (1) The type of test administered and the procedures followed;

              (2) The time of the collection of the blood, breath, or urine sample analyzed;

              (3) The numerical results of the test indicating the alcohol content of the blood, breath, or urine;

              (4) The type and status of any permit which was held by the person who performed the test;

              (5) If the test was administered by means of a breath testing instrument, the date of performance of the most required maintenance of such instrument.


Full information does not include schematics, manuals, or software of the instrument used to test the person or any other material that is not in the actual possession of the state.


Additionally, full information does not include information in the possession of the manufacturer of the test instrument.”.


            On motion of Representative Bringer, House Amendment No. 10 was adopted.


            Representative Jolly offered House Amendment No. 11.


House Amendment No. 11


AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 1221, Page 64, Section 561.031, Line 28, by inserting immediately after said line the following:


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

              (1) "Domestic assault offense":

              (a) The commission of the crime of domestic assault in the first degree [pursuant to section 565.072] or domestic assault in the second degree [pursuant to section 565.073]; or

              (b) The commission of the crime of assault in the first degree [pursuant to the provisions of section 565.050] or assault in the second degree [pursuant to the provisions of section 565.060], if the victim of the assault was a family or household member; or

              (c) The commission of a crime in another state, or any federal offense, or any military offense which, if committed in this state, would be a violation of any offense listed in paragraph (a) or paragraph (b) of this subdivision.

              (2) "Family" or "household member", spouses, former spouses, adults related by blood or marriage, adults who are presently residing together or have resided together in the past and adults who have a child in common regardless of whether they have been married or have resided together at any time;

              (3) "Persistent domestic violence offender", a person who has pleaded guilty to or has been found guilty of two or more domestic assault offenses, where such two or more offenses occurred within ten years of the occurrence of the domestic assault offense for which the person is charged; and

              (4) "Prior domestic violence offender", a person who has pleaded guilty to or has been found guilty of one domestic assault offense, where such prior offense occurred within five years of the occurrence of the domestic assault offense for which the person is charged.

              2. No court shall suspend the imposition of sentence as to a prior or persistent domestic violence offender pursuant to this section nor sentence such person to pay a fine in lieu of a term of imprisonment, section 557.011, RSMo, to the contrary notwithstanding, nor shall such person be eligible for parole or probation until such person has served a minimum of six months' imprisonment.

              3. The court shall find the defendant to be a prior domestic violence offender or persistent domestic violence offender, if:

              (1) The indictment or information, original or amended, or the information in lieu of an indictment pleads all essential facts warranting a finding that the defendant is a prior domestic violence offender or persistent domestic violence offender; and

              (2) Evidence is introduced that establishes sufficient facts pleaded to warrant a finding beyond a reasonable doubt the defendant is a prior domestic violence offender or persistent domestic violence offender; and

              (3) The court makes findings of fact that warrant a finding beyond a reasonable doubt by the court that the defendant is a prior domestic violence offender or persistent domestic violence offender.

              4. In a jury trial, such facts shall be pleaded, established and found prior to submission to the jury outside of its hearing.

              5. In a trial without a jury or upon a plea of guilty, the court may defer the proof in findings of such facts to a later time, but prior to sentencing.

              6. The defendant shall be accorded full rights of confrontation and cross-examination, with the opportunity to present evidence, at such hearings.

              7. The defendant may waive proof of the facts alleged.

              8. Nothing in this section shall prevent the use of presentence investigations or commitments.

              9. At the sentencing hearing both the state and the defendant shall be permitted to present additional information bearing on the issue of sentence.

              10. The pleas or findings of guilty shall be prior to the date of commission of the present offense.

              11. The court shall not instruct the jury as to the range of punishment or allow the jury, upon a finding of guilty, to assess and declare the punishment as part of its verdict in cases of prior domestic violence offenders or persistent domestic violence offenders.

              12. Evidence of prior convictions shall be heard and determined by the trial court out of the hearing of the jury prior to the submission of the case to the jury, and shall include but not be limited to evidence of convictions received by a search of the records of the Missouri uniform law enforcement system maintained by the Missouri state highway patrol. After hearing the evidence, the court shall enter its findings thereon.

              13. Evidence of similar criminal convictions of domestic violence pursuant to this chapter, chapter 566, RSMo, or chapter 568, RSMo, within five years of the offense at issue, shall be admissible for the purposes of showing a past history of domestic violence.

              14. Any person who has pleaded guilty to or been found guilty of a violation of section 565.072 shall be sentenced to the authorized term of imprisonment for a class A felony if the court finds the offender is a prior domestic violence offender. The offender shall be sentenced to the authorized term of imprisonment for a class A felony which term shall be served without probation or parole if the court finds the offender is a persistent domestic violence offender or the prior domestic violence offender inflicts serious physical injury on the victim.

              15. Any person who has pleaded guilty to or been found guilty of a violation of section 565.073 shall be sentenced:

              (a) To the authorized term of imprisonment for a class B felony if the court finds the offender is a prior domestic violence offender; or

              (b) To the authorized term of imprisonment for a class A felony if the court finds the offender is a persistent domestic violence offender."; and


              Further amend the title and enacting clauses accordingly.


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


            Representative Harris (23) offered House Amendment No. 12.


House Amendment No. 12


AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 1221, Section 568.070, Page 65, Lines 17 and 18, by deleting all of said lines and inserting in lieu thereof the following words “video game which contains the mutilation of body parts, gore, depictions of human injury”; and


              Further amend said section, Page 65, Line 25, by deleting the following words “rated M or AO” and inserting in lieu thereof the following words “as described by this section”; and


              Further amend said section, Page 66, Lines 43 and 44, by deleting the words “rated M or AO” and inserting in lieu thereof the following words “as described by this section”; and


              Further amend said section, Page 66, Lines 45 and 46, by deleting all of said lines and inserting in lieu thereof the following words “2. Unlawful transactions with a child is a class B misdemeanor.”; and


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


            On motion of Representative Harris (23), House Amendment No. 12 was adopted.


            Representative Cooper (120) offered House Amendment No. 13.


House Amendment No. 13


AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 1221, Page 83, Section 610.105, Line 17, by inserting immediately after said line the following:


              “650.340. 1. The provisions of this section may be cited and shall be known as the "911 Training and Standards Act".

              2. Initial training requirements for telecommunicators who answer 911 calls that come to public safety answering points shall be as follows:

              (1) Police telecommunicator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 hours;

              (2) Fire telecommunicator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 hours;

              (3) Emergency medical services telecommunicator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 hours;

              (4) Joint communication center telecommunicator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 hours.

              3. All persons employed as a telecommunicator in this state shall be required to complete ongoing training so long as such person engages in the occupation as a telecommunicator. Such persons shall complete at least [sixteen] twenty-four hours of ongoing training every [two] three years by such persons or organizations as provided in subsection 6 of this section. The reporting period for the ongoing training under this subsection shall run concurrent with the existing continuing education reporting periods for Missouri peace officers pursuant to chapter 590, RSMo.

              4. Any person employed as a telecommunicator on August 28, 1999, shall not be required to complete the training requirement as provided in subsection 2 of this section. Any person hired as a telecommunicator after August 28, 1999, shall complete the training requirements as provided in subsection 2 of this section within twelve months of the date such person is employed as a telecommunicator.

              5. The training requirements as provided in subsection 2 of this section shall be waived for any person who furnishes proof to the committee that such person has completed training in another state which are at least as stringent as the training requirements of subsection 2 of this section.

              6. The department of public safety shall determine by administrative rule the persons or organizations authorized to conduct the training as required by subsection 2 of this section.

              7. This section shall not apply to an emergency medical dispatcher or agency as defined in section 190.100, RSMo, or a person trained by an entity accredited or certified under section 190.131, RSMo, or a person who provides prearrival medical instructions who works for an agency which meets the requirements set forth in section 190.134, RSMo.”; and


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


            On motion of Representative Cooper (120), House Amendment No. 13 was adopted.


            Representative Munzlinger offered House Amendment No. 14.


House Amendment No. 14


AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 1221, Page 29, Section 221.040, Line 7, by inserting after said line the following:


              “304.230. 1. It shall be the duty of the sheriff of each county or city to see that the provisions of sections 304.170 to 304.230 are enforced, and any peace officer or police officer of any county or city or any highway patrol officer shall have the power to arrest on sight or upon a warrant any person found violating or having violated the provisions of such sections.

              2. The sheriff or any peace officer or any highway patrol officer is hereby given the power to stop any such conveyance or vehicle as above described upon the public highway for the purpose of determining whether such vehicle is loaded in excess of the provisions of sections 304.170 to 304.230, and if he or she finds such vehicle loaded in violation of the provisions thereof he or she shall have a right at that time and place to cause the excess load to be removed from such vehicle; and provided further, that any regularly employed maintenance man of the department of transportation shall have the right and authority in any part of this state to stop any such conveyance or vehicle upon the public highway for the purpose of determining whether such vehicle is loaded in excess of the provisions of sections 304.170 to 304.230, and if he or she finds such vehicle loaded in violation of the provisions thereof, he or she shall have the right at that time and place to cause the excess load to be removed from such vehicle. When only an axle or a tandem axle group of a vehicle is overloaded, the operator shall be permitted to shift the load, if this will not overload some other axle or axles, without being charged with a violation; provided, however, the privilege of shifting the weight without being charged with a violation shall not extend to or include vehicles while traveling on the federal interstate system of highways. When only an axle or tandem axle group of the vehicle traveling on the federal interstate system of highways is overloaded and a court authorized to enforce the provisions of sections 304.170 to 304.230 finds that the overloading was due to the inadvertent shifting of the load changing axle weights in transit through no fault of the operator of the vehicle and that the load thereafter had been shifted so that no axle had been overloaded, then the court may find that no violation has been committed. The operator of any vehicle shall be permitted to back up and reweigh, or to turn around and weigh from the opposite direction. Any operator whose vehicle is weighed and found to be within five percent of any legal limit may request and receive a weight ticket, memorandum or statement showing the weight or weights on each axle or any combinations of axles. Once a vehicle is found to be within the limits of section 304.180 after having been weighed on any state scale and there is no evidence that any cargo or fuel has been added, no violation shall occur, but a presumption shall exist that cargo or fuel has been added if upon reweighing on another state scale the total gross weight exceeds the applicable limits of section 304.180 or 304.190. The highways and transportation commission of this state may deputize and appoint any number of their regularly employed maintenance men to enforce the provisions of such sections, and the maintenance men delegated and appointed in this section shall report to the proper officers any violations of sections 304.170 to 304.230 for prosecution by such proper officers.

              3. The superintendent of the Missouri state highway patrol may assign qualified persons who are not highway patrol officers to supervise or operate permanent or portable weigh stations used in the enforcement of commercial vehicle laws. These persons shall be designated as commercial vehicle inspectors and have limited police powers:

              (1) To issue uniform traffic tickets at a permanent or portable weigh station for violations of rules and regulations of the division of motor carrier [and railroad safety of the department of economic development] services of the highways and transportation commission and department of public safety, and laws, rules, and regulations pertaining to commercial motor vehicles and trailers and related to size, weight, fuel tax, registration, equipment, driver requirements, transportation of hazardous materials and operators' or chauffeurs' licenses, and the provisions of sections 303.024 and 303.025, RSMo;

              (2) To require the operator of any commercial vehicle to stop and submit to a vehicle and driver inspection to determine compliance with commercial vehicle laws, rules, and regulations, the provisions of sections 303.024 and 303.025, RSMo, and to submit to a cargo inspection when reasonable grounds exist to cause belief that a vehicle is transporting hazardous materials as defined by Title 49 of the Code of Federal Regulations;

              (3) To make arrests for violation of subdivisions (1) and (2) of this subsection. Commercial vehicle inspectors shall not have the authority to exercise the powers granted in subdivisions (1), (2) and (3) of this subsection until they have successfully completed training approved by the superintendent of the Missouri state highway patrol; nor shall they have the right as peace officers to bear arms.

              4. The superintendent of the Missouri state highway patrol may appoint qualified persons, who are not members of the highway patrol, designated as commercial vehicle enforcement officers, with the powers:

              (1) To issue uniform traffic tickets for violations of laws, rules and regulations pertaining to commercial vehicles, trailers, special mobile equipment and drivers of such vehicles, and the provisions of sections 303.024 and 303.025, RSMo;

              (2) To require the operator of any commercial vehicle to stop and submit to a vehicle and driver inspection to determine compliance with commercial vehicle laws, rules, and regulations, compliance with the provisions of sections 303.024 and 303.025, RSMo, and to submit to a cargo inspection when reasonable grounds exist to cause belief that a vehicle is transporting hazardous materials as defined by Title 49 of the Code of Federal Regulations;

              (3) To make arrests upon warrants and for violations of subdivisions (1) and (2) of this subsection. Commercial vehicle officers selected and designated as peace officers by the superintendent of the Missouri state highway patrol are hereby declared to be peace officers of the state of Missouri, with full power and authority to make arrests solely for violations under the powers granted in subdivisions (1) to (3) of this subsection. Commercial vehicle enforcement officers shall not have the authority to exercise the powers granted in subdivisions (1), (2) and (3) of this subsection until they have successfully completed training approved by the superintendent of the Missouri state highway patrol and have completed the mandatory standards for the basic training and licensure of peace officers established by the peace officers standards and training commission under subsection 1 of section 590.030, RSMo. Commercial vehicle officers who are employed and performing their duties on August 28, 2006, shall have until July 1, 2010, to comply with the mandatory standards regarding police officer basic training and licensure. Commercial vehicle enforcement officers shall have the right as peace officers to bear arms.

              5. Any additional employees needed for the implementation of this section shall be hired in conformity with the provisions of the federal fair employment and antidiscrimination acts.

              6. Any part of this section which shall be construed to be in conflict with the axle or tandem axle load limits permitted by the Federal-Aid Highway Act, Section 127 of Title 23 of the United States Code (Public Law 85-767, 85th Congress) shall be null, void and of no effect.”; and


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


            On motion of Representative Munzlinger, House Amendment No. 14 was adopted.


            Representative Pearce offered House Amendment No. 15.


House Amendment No. 15


AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 1221, Section 56.087, Page 3, Line 17, by inserting immediately after 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 substitute, Section 491.170, Page 62, Line 18, by inserting immediately after said line the following:


              “544.157. 1. Any law enforcement officer certified pursuant to chapter 590, RSMo, of any political subdivision of this state, any authorized agent of the department of conservation, any commissioned member of the Missouri capitol police, any commissioned member of the Missouri state park rangers, any college or university police officer, and any authorized agent of the Missouri state water patrol in fresh pursuit of a person who is reasonably believed by such officer to have committed a felony in this state or who has committed, or attempted to commit, in the presence of such officer or agent, any criminal offense or violation of a municipal or county ordinance, or for whom such officer holds a warrant of arrest for a criminal offense, shall have the authority to arrest and hold in custody such person anywhere in this state. Fresh pursuit may only be initiated from within the pursuing peace officer's, conservation agent's, capitol police officer's, state park ranger's, college or university police officer's, or water patrol officer's jurisdiction and shall be terminated once the pursuing peace officer is outside of such officer's jurisdiction and has lost contact with the person being pursued. If the offense is a traffic violation, the uniform traffic ticket shall be used as if the violator had been apprehended in the municipality or county in which the offense occurred.

              2. If such an arrest is made in obedience to a warrant, the disposition of the prisoner shall be made as in other cases of arrest under a warrant; if the violator is served with a uniform traffic ticket, the violator shall be directed to appear before a court having jurisdiction to try the offense; if the arrest is without a warrant, the prisoner shall be taken forthwith before a judge of a court with original criminal jurisdiction in the county wherein such arrest was made or before a municipal judge thereof having original jurisdiction to try such offense, who may release the person as provided in section 544.455, conditioned upon such person's appearance before the court having jurisdiction to try the offense. The person so arrested need not be taken before a judge as herein set out if given a summons by the arresting officer.               3. The term "fresh pursuit", as used in this section, shall include hot or fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or is reasonably suspected of having committed a felony in this state, or who has committed or attempted to commit in this state a criminal offense or violation of municipal or county ordinance in the presence of the arresting officer referred to in subsection 1 of this section or for whom such officer holds a warrant of arrest for a criminal offense. It shall include also the pursuit of a person suspected of having committed a supposed felony in this state, though no felony has actually been committed, if there is reasonable ground for so believing. "Fresh pursuit" as used herein shall imply instant pursuit.

              4. A public agency electing to institute vehicular pursuits shall adopt a policy for the safe conduct of vehicular pursuits by peace officers. Such policy shall meet the following minimum standards:

              (1) There shall be supervisory control of the pursuit;

              (2) There shall be procedures for designating the primary pursuit vehicle and for determining the total number of vehicles to be permitted to participate at one time in the pursuit;

              (3) There shall be procedures for coordinating operation with other jurisdictions; and

              (4) There shall be guidelines for determining when the interests of public safety and effective law enforcement justify a vehicular pursuit and when a vehicular pursuit should not be initiated or should be terminated.”; and


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


            On motion of Representative Pearce, House Amendment No. 15 was adopted.


            Representative Fares offered House Amendment No. 16.


House Amendment No. 16


AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 1221, Section 92.500, Page 6, Line 115, by inserting immediately after said line the following:


              94.860. 1. The governing body of any municipalities located in whole or in part within any county with a charter form of government and with more than one million inhabitants is hereby authorized to impose, by ordinance or order, a sales tax in the amount of up to one-half of one percent on all retail sales made in such municipality, which are subject to taxation under the provisions of sections 144.010 to 144.525, RSMo, for the purpose of improving the public safety for such municipality, including but not limited to expenditures on equipment, municipal employee salaries and benefits, contractual payments for public safety services, and facilities for police, fire and emergency medical providers. The tax authorized by this section shall be in addition to any other sales taxes allowed by law. No ordinance or order imposing a sales tax pursuant to the provisions of this section shall be effective unless the governing body of the municipality submits to the voters of the municipality, at a county or state general, primary, or special election, a proposal to authorize the governing body of the municipality to impose a tax.

              2. If the proposal submitted involves only authorization to impose the tax authorized by this section, the ballot of submission shall contain, but need not be limited to, the following language:

              Shall the municipality of .............. (municipality's name) impose a sales tax of ............. (insert amount) for the purpose of improving the public safety of the municipality?

                                                         □ YES                                                             □ NO


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


If a majority of the votes cast on the proposal by the qualified voters voting thereon are in favor of the proposal submitted pursuant to this subsection, then the ordinance or order and any amendments thereto shall be in effect on the first day of the second quarter immediately following the election approving the proposal. If a proposal receives less than the required majority, then the governing body of the municipality shall have no power to impose the sales tax herein authorized unless and until the governing body of the municipality shall again have submitted another proposal to authorize the governing body of the municipality to impose the sales tax authorized by this section and such proposal is approved by the required majority of the qualified voters voting thereon.

3. Within thirty days of the approval of a public safety sales tax pursuant to this section, the governing body shall choose one of the following options:

              (1) OPTION 1. Eighty-five percent of the moneys generated within each municipality shall be retained in subaccount 1 of the trust fund created in subsection 4 of this section and shall be returned to that municipality as provided in subdivision (1) of subsection 4 of this section. Fifteen percent of the moneys generated within each municipality shall be retained in subaccount 2 of the trust fund created in, and allocated as provided in, subdivision (2) of subsection 4 of this section;

              (2) OPTION 2. One hundred percent of the moneys generated within each municipality shall be retained in subaccount 2 of the trust fund created in, and allocated as provided in, subdivision (2) of subsection 4 of this section.

              4. The moneys shall be retained in two separate subaccounts in the "Municipal Public Safety Sales Tax Fund" which is hereby created. Moneys in the fund shall be distributed to each municipality as follows:

              (1) For municipalities choosing Option 1, eighty-five percent of the taxes collected within each municipality and retained in subaccount 1 of the trust fund shall be returned to each municipality;

              (2) For municipalities choosing Option 2, the moneys retained in subaccount 2 of the trust fund shall be distributed to each municipality based on the percentage ratio that the population of that municipality bears to the total population of all of the municipalities choosing Option 2.

              5. All revenue received by a municipality from the tax authorized under the provisions of this section shall be deposited in a special trust fund and shall be used solely for improving the public safety for such municipality for so long as the tax shall remain in effect. Once the tax authorized by this section is abolished or is terminated by any means, all funds remaining in the special trust fund shall be used solely for improving public safety for the municipality. Any funds in such special trust fund which are not needed for current expenditures may be invested by the governing body in accordance with applicable laws relating to the investment of other municipal funds.

              6. All sales taxes collected by the director of the department of revenue under this section on behalf of any municipality, less one percent for cost of collection which shall be deposited in the state's general revenue fund after payment of premiums for surety bonds as provided in section 32.087, RSMo, shall be deposited in the special trust fund created in subsection 4 of this section. The moneys in the trust fund shall not be deemed to be state funds and shall not be commingled with any funds of the state. The director of the department of revenue shall keep accurate records of the amount of money in the trust and which was collected in each municipality imposing a sales tax pursuant to this section, and the records shall be open to the inspection of officers of the municipality and the public. Not later than the tenth day of each month the director of the department of revenue shall distribute all moneys deposited in the trust fund during the preceding month to the municipality which levied the tax, such funds shall be deposited with the treasurer of each such municipality, and all expenditures of funds arising from the trust fund shall be by an appropriation act to be enacted by the governing body of each such municipality. Expenditures may be made from the fund for any functions authorized in the ordinance or order adopted by the governing body submitting the tax to the voters.

              7. The director of the department of revenue may make refunds from the amounts in the trust fund and credited to any municipality for erroneous payments and overpayments made, and may redeem dishonored checks and drafts deposited to the credit of such municipalities. If any municipality abolishes the tax, the municipality shall notify the director of the department of revenue of the action at least ninety days prior to the effective date of the repeal and the director of the department of revenue may order retention in the trust fund, for a period of one year, of two percent of the amount collected after receipt of such notice to cover possible refunds or overpayment of the tax and to redeem dishonored checks and drafts deposited to the credit of such accounts. After one year has elapsed after the effective date of abolition of the tax in such municipality, the director of the department of revenue shall remit the balance in the account to the municipality and close the account of that municipality. The director of the department of revenue shall notify each municipality of each instance of any amount refunded or any check redeemed from receipts due the municipality.

              8. Except as modified in this section, all provisions of sections 32.085 and 32.087, RSMo, shall apply to the tax imposed under this section.”; and


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


            Representative Fares moved that House Amendment No. 16 be adopted.


            Which motion was defeated by the following vote:


AYES: 044

 

 

 

 

 

 

 

 

 

Behnen

Bivins

Bland

Bogetto

Cooper 120

Cooper 155

Cunningham 145

Day

Deeken

Emery

Fares

Fisher

Flook

Guest

Hunter

Johnson 47

Jones

Kingery

Lipke

McGhee

Muschany

Myers

Nance

Parson

Pearce

Pollock

Quinn

Rector

Scharnhorst

Schlottach

Skaggs

Stevenson

St. Onge

Tilley

Villa

Wallace

Walton

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 159

Mr Speaker

 

 

 

 

 

 

NOES: 109

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Black

Bowman

Boykins

Bringer

Brooks

Brown 50

Bruns

Burnett

Casey

Chinn

Chappelle-Nadal

Cooper 158

Corcoran

Cunningham 86

Curls

Dake

Darrough

Daus

Davis

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Ervin

Faith

Frame

Franz

Fraser

George

Harris 23

Harris 110

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

Icet

Jackson

Johnson 61

Johnson 90

Jolly

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Loehner

Low 39

Lowe 44

Marsh

May

Meadows

Meiners

Moore

Munzlinger

Nieves

Nolte

Page

Parker

Phillips

Portwood

Pratt

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Salva

Sander

Sater

Schaaf

Schad

Schneider

Schoemehl

Self

Shoemyer

Silvey

Smith 14

Smith 150

Storch

Sutherland

Swinger

Threlkeld

Viebrock

Vogt

Wagner

Whorton

Wildberger

Witte

Wright 137

Wright-Jones

Yaeger

Yates

Young

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Oxford

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

 

Bean

Brown 30

Kelly

Smith 118

Spreng

Walsh

Wasson

Zweifel

 

 

 

 

 

 

 

VACANCIES: 001


            Representative Lipke offered House Amendment No. 17.


House Amendment No. 17


AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 1221, Section 565.182, Page 64, Lines 1-8, by deleting all of said lines from the substitute; and


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


            On motion of Representative Lipke, House Amendment No. 17 was adopted.


            Representative George offered House Amendment No. 18.


House Amendment No. 18


AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 1221, Page 73, Section 577.023, Line 124, by inserting after said line the following:


              “577.029. A licensed physician, registered nurse, or trained medical technician at the place of his or her employment, acting at the request and direction of the law enforcement officer, shall withdraw blood for the purpose of determining the alcohol content of the blood, unless such medical personnel, in his or her good faith medical judgment, believes such procedure would endanger the life or health of the person in custody. Blood may be withdrawn only by such medical personnel, but such restriction shall not apply to the taking of a breath test, a saliva specimen, or a urine specimen. In withdrawing blood for the purpose of determining the alcohol content thereof, only a previously unused and sterile needle and sterile vessel shall be utilized and the withdrawal shall otherwise be in strict accord with accepted medical practices. [A nonalcoholic antiseptic shall be used for cleansing the skin prior to venapuncture.] Upon the request of the person who is tested, full information concerning the test taken at the direction of the law enforcement officer shall be made available to him or her.”; and


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


            On motion of Representative George, House Amendment No. 18 was adopted by the following vote:


AYES: 150

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bogetto

Bowman

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

Emery

Ervin

Faith

Fares

Fisher

Flook

Frame

Fraser

George

Guest

Harris 23

Harris 110

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Salva

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoemehl

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 150

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Mr Speaker

 

 

 

 

 

NOES: 002

 

 

 

 

 

 

 

 

 

Avery

Franz

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Brooks

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

 

Bean

Brown 30

El-Amin

Hunter

Kelly

Smith 118

Spreng

Walsh

Zweifel

 

 

 

 

 

 

VACANCIES: 001


            Representative Ruestman offered House Amendment No. 19.


House Amendment No. 19


AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 1221, Section 488.5050, Page 60, Line 1, by inserting immediately preceding all of said line the following:

 

              “488.5025. 1. In addition to any other assessment authorized by law, a court may assess a fee of twenty-five dollars on each person who pays a court-ordered judgment, penalty, fine, sanction, or court costs on a time- payment basis, including restitution and juvenile monetary assessments. A time-payment basis shall be any judgment, penalty, fine, sanction, or court cost not paid, in full, within thirty days of the date the court imposed the judgment, penalty fine, sanction, or court cost. Imposition of the time-payment fee shall be in addition to any other enforcement provisions authorized by law.

              2. Ten dollars of the time-payment fee collected pursuant to this section shall be payable to the clerk of the court of the county, or clerk of the court of the municipality, from which such fee was collected, or to such person as is designated by local circuit court rule as treasurer of said fund, and said fund shall be applied and expended under the direction and order of the court en banc of any such county to be utilized by the court where such fine is collected to improve, maintain, and enhance the ability to collect and manage moneys assessed or received by the courts, to improve case processing, enhance court security, preservation of the record, or to improve the administration of justice. Eight dollars of the time-payment fee shall be deposited in the statewide court automation fund pursuant to section 476.055, RSMo. Seven dollars of the time-payment fee shall be paid to the director of revenue, to be deposited to the general revenue fund.”; and

 

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


            On motion of Representative Ruestman, House Amendment No. 19 was adopted.


            Representative Jones offered House Amendment No. 20.


House Amendment No. 20


AMEND House Committee Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 1221, Section 610.105, Page 83, Line 1, by inserting immediately preceding all of said line 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; 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.

              (22) Records and documents of and pertaining to internal investigations by a law enforcement agency into matters of fitness and conduct of a law enforcement officer employed by such investigating law enforcement agency used solely in connection with matters relating to the employment of such law enforcement officer, and records and documents pertaining to any determinations or actions relating to an officer’s employment status taken in connection with or following such investigations. However, if such records and documents are used or shared by an agency in a criminal investigation involving an officer, provisions regarding incident reports, investigative reports or other documents covered under section 610.100 shall apply.


              610.100. 1. As used in sections 610.100 to 610.150, the following words and phrases shall mean:

              (1) "Arrest", an actual restraint of the person of the defendant, or by his or her submission to the custody of the officer, under authority of a warrant or otherwise for a criminal violation which results in the issuance of a summons or the person being booked;

              (2) "Arrest report", a record of a law enforcement agency of an arrest and of any detention or confinement incident thereto together with the charge therefor;

              (3) "Inactive", an investigation in which no further action will be taken by a law enforcement agency or officer for any of the following reasons:

              (a) A decision by the law enforcement agency not to pursue the case;

              (b) Expiration of the time to file criminal charges pursuant to the applicable statute of limitations, or ten years after the commission of the offense; whichever date earliest occurs;

              (c) Finality of the convictions of all persons convicted on the basis of the information contained in the investigative report, by exhaustion of or expiration of all rights of appeal of such persons;

              (4) "Incident report", a record of a law enforcement agency consisting of the date, time, specific location, name of the victim and immediate facts and circumstances surrounding the initial report of a crime or incident, including any logs of reported crimes, accidents and complaints maintained by that agency;

              (5) "Investigative report", a record, other than an arrest or incident report, prepared by personnel of a law enforcement agency, inquiring into a crime or suspected crime, either in response to an incident report or in response to evidence developed by law enforcement officers in the course of their duties.

              (6) Investigative reports and incident reports, or other law enforcement records covered under this section, shall not include any records or documents pertaining to internal investigations by law enforcement agencies into matters of fitness and conduct of law enforcement officers employed by such investigating law enforcement agencies and used solely in connection with such officers’ employment, as described in subdivision (22) of section 610.021. However, if such records and documents are used or shared by an agency in a criminal investigation involving an officer, provisions regarding incident reports, investigative reports or other documents covered under this section shall apply.

              2. Each law enforcement agency of this state, of any county, and of any municipality shall maintain records of all incidents reported to the agency, investigations and arrests made by such law enforcement agency. All incident reports and arrest reports shall be open records. Notwithstanding any other provision of law other than the provisions of subsections 4, 5 and 6 of this section or section 320.083, RSMo, investigative reports of all law enforcement agencies are closed records until the investigation becomes inactive. If any person is arrested and not charged with an offense against the law within thirty days of the person's arrest, the arrest report shall thereafter be a closed record except that the disposition portion of the record may be accessed and except as provided in section 610.120.

              3. Except as provided in subsections 4, 5, 6 and 7 of this section, if any portion of a record or document of a law enforcement officer or agency, other than an arrest report, which would otherwise be open, contains information that is reasonably likely to pose a clear and present danger to the safety of any victim, witness, undercover officer, or other person; or jeopardize a criminal investigation, including records which would disclose the identity of a source wishing to remain confidential or a suspect not in custody; or which would disclose techniques, procedures or guidelines for law enforcement investigations or prosecutions, that portion of the record shall be closed and shall be redacted from any record made available pursuant to this chapter.

              4. Any person, including a family member of such person within the first degree of consanguinity if such person is deceased or incompetent, attorney for a person, or insurer of a person involved in any incident or whose property is involved in an incident, may obtain any records closed pursuant to this section or section 610.150 for purposes of investigation of any civil claim or defense, as provided by this subsection. Any individual, his or her family member within the first degree of consanguinity if such individual is deceased or incompetent, his or her attorney or insurer, involved in an incident or whose property is involved in an incident, upon written request, may obtain a complete unaltered and unedited incident report concerning the incident, and may obtain access to other records closed by a law enforcement agency pursuant to this section. Within thirty days of such request, the agency shall provide the requested material or file a motion pursuant to this subsection with the circuit court having jurisdiction over the law enforcement agency stating that the safety of the victim, witness or other individual cannot be reasonably ensured, or that a criminal investigation is likely to be jeopardized. If, based on such motion, the court finds for the law enforcement agency, the court shall either order the record closed or order such portion of the record that should be closed to be redacted from any record made available pursuant to this subsection.

              5. Any person may bring an action pursuant to this section in the circuit court having jurisdiction to authorize disclosure of the information contained in an investigative report of any law enforcement agency, which would otherwise be closed pursuant to this section. The court may order that all or part of the information contained in an investigative report be released to the person bringing the action. In making the determination as to whether information contained in an investigative report shall be disclosed, the court shall consider whether the benefit to the person bringing the action or to the public outweighs any harm to the public, to the law enforcement agency or any of its officers, or to any person identified in the investigative report in regard to the need for law enforcement agencies to effectively investigate and prosecute criminal activity. The investigative report in question may be examined by the court in camera. The court may find that the party seeking disclosure of the investigative report shall bear the reasonable and necessary costs and attorneys' fees of both parties, unless the court finds that the decision of the law enforcement agency not to open the investigative report was substantially unjustified under all relevant circumstances, and in that event, the court may assess such reasonable and necessary costs and attorneys' fees to the law enforcement agency.

              6. Any person may apply pursuant to this subsection to the circuit court having jurisdiction for an order requiring a law enforcement agency to open incident reports and arrest reports being unlawfully closed pursuant to this section. If the court finds by a preponderance of the evidence that the law enforcement officer or agency has knowingly violated this section, the officer or agency shall be subject to a civil penalty in an amount up to one thousand dollars. If the court finds that there is a knowing violation of this section, the court may order payment by such officer or agency of all costs and attorneys' fees, as provided by section 610.027. If the court finds by a preponderance of the evidence that the law enforcement officer or agency has purposely violated this section, the officer or agency shall be subject to a civil penalty in an amount up to five thousand dollars and the court shall order payment by such officer or agency of all costs and attorney fees, as provided in section 610.027. The court shall determine the amount of the penalty by taking into account the size of the jurisdiction, the seriousness of the offense, and whether the law enforcement officer or agency has violated this section previously.

              7. The victim of an offense as provided in chapter 566, RSMo, may request that his or her identity be kept confidential until a charge relating to such incident is filed.”; and


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


            On motion of Representative Jones, House Amendment No. 20 was adopted.


            Speaker Jetton resumed the Chair.


            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 158

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Guest

Hobbs

Hunter

Icet

Jackson

Johnson 47

Jolly

Jones

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 150

Stevenson

St. Onge

Sutherland

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

NOES: 046

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bogetto

Bowman

Bringer

Brooks

Brown 50

Chappelle-Nadal

Corcoran

Curls

Dake

Darrough

Daus

Donnelly

El-Amin

Fraser

George

Harris 110

Haywood

Hoskins

Hubbard

Hughes

Johnson 61

Johnson 90

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

Meiners

Oxford

Robinson

Rucker

Salva

Schoemehl

Skaggs

Swinger

Villa

Walton

Wildberger

Wright-Jones

Yaeger

Young

 

 

 

 

 

 

 

 

 

PRESENT: 014

 

 

 

 

 

 

 

 

 

Boykins

Burnett

Casey

Frame

Harris 23

Henke

Meadows

Page

Roorda

Shoemyer

Storch

Wagner

Whorton

Witte

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

 

Bean

Brown 30

Cooper 155

Kelly

Smith 118

Spreng

Vogt

Walsh

Zweifel

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Lipke, HCS#2 SCS SB 1221, as amended, was adopted.


            On motion of Representative Lipke, HCS#2 SCS SB 1221, as amended, was read the third time and passed by the following vote:


AYES: 143

 

 

 

 

 

 

 

 

 

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bogetto

Bowman

Boykins

Bringer

Brown 50

Bruns

Burnett

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Dake

Darrough

Daus

Davis

Day

Deeken

Dempsey

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Frame

Franz

Fraser

George

Guest

Harris 23

Harris 110

Henke

Hobbs

Hubbard

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

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 150

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Wagner

Wallace

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Yaeger

Yates

Young

Mr Speaker

 

 

 

 

 

 

 

NOES: 008

 

 

 

 

 

 

 

 

 

Brooks

Chappelle-Nadal

El-Amin

Haywood

Hoskins

Hughes

Walton

Wright-Jones

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 011

 

 

 

 

 

 

Aull

Bean

Brown 30

Denison

Kelly

Pollock

Smith 118

Spreng

Vogt

Walsh

Zweifel

 

 

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Jetton declared the bill passed.


            HCS SS SCS SB 825, relating to a regional investment district compact, was taken up by Representative Pratt.


            Representative Pratt offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 825, Section 70.515, Page 9, Line 268, by deleting the word “count” on said line and inserting in lieu thereof the word “county”; and


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


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


            Representative Pratt offered House Amendment No. 2.




House Amendment No. 2


AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 825, Page 3, Section 70.515, Line 69, by inserting after the word "elected" the word "chief"; and


              Further amend said bill, Page 5, Section 70.515, Line 133, by deleting all of said line and inserting in lieu thereof the following:


              "the Eligible Uses set forth in Article VIII of this"; and


              Further amend said bill, Page 5, Section 70.515, Line 144, by deleting the word "reviewed" and inserting in lieu thereof the word "renewed"; and


              Further amend said bill, Page 5, Section 70.515, Line 146, by inserting after "Article IX," the word "Section"; and


              Further amend said bill, Page 5, Section 70.515, Line 149, by deleting all of said line and inserting in lieu thereof the following:


              "the date or dates by which the election shall be held"; and


              Further amend said bill, Page 6, Section 70.515, Line 175, by deleting all of said line and inserting in lieu thereof the following:


              "guidelines shall be consistent with the Program"; and


              Further amend said bill, Page 6, Section 70.515, Line 176, by inserting after "Article IV," the word "Section"; and


              Further amend said bill, Page 6, Section 70.515, Line 180, by deleting all of said line and inserting in lieu thereof the following:


              "Committee shall direct to implement the Program Plan developed for an approved"; and


              Further amend said bill, Page 7, Section 70.515, Lines 214 and 215, by deleting all of said lines and inserting in lieu thereof the following:


              "A Program Plan developed by the Commission shall be available to the public for review and comment in advance of dates set by the Commission for submission"; and


              Further amend said bill, Page 8, Section 70.515, Line 237, by inserting after "District" the following:


              ", with such tax to extend no longer than ........(insert years not to exceed fifteen) years following the first receipt by the county treasurer of revenue from such tax"; and


              Further amend said bill, Page 9, Section 70.515, Line 268, by deleting the word "count" and inserting in lieu thereof the word "county"; and


              Further amend said bill, Page 9, Section 70.515, Line 275, by deleting the word "subject"; and


              Further amend said bill, Page 9, Section 70.515, Line 280, by deleting the word "section" and inserting in lieu thereof the word "Compact"; and




              Further amend said bill, Page 10, Section 70.515, Line 313, by deleting all of said line and inserting in lieu thereof the following:


              "subdivisions of the states of Missouri or Kansas and/or local units of government in the"; and


              Further amend said bill, Page 10, Section 70.515, Line 322, by deleting the word "each" and inserting in lieu thereof the word "a"; and


              Further amend said bill, Page 11, Section 70.515, Line 358, by deleting the word "Commissioners" and inserting in lieu thereof the word "Commission"; and


              Further amend said bill, Page 12, Section 70.515, Line 373, by deleting the word "each" and inserting in lieu thereof the word "an"; and


              Further amend said bill, Page 13, Section 70.515, Line 406, by deleting all of said line and inserting in lieu thereof the following:


              "the Commission, in addition to the sales tax authorized by this Compact, may be raised by the governing bodies of the respective counties by the"; and


              Further amend said bill, Page 13, Section 70.515, Line 407, by inserting after "authorized" the following:


              "by those counties or cities in those counties or"; and


              Further amend said bill, Page 15, Section 70.535, Lines 39 and 40, by deleting all of said line and inserting in lieu thereof the following:


              "unless renewed by the qualified electors of that county prior to its expiration, or on the date"; and


              Further amend said bill, Page 16, Section 70.535, Line 51, by deleting all of said line and inserting in lieu thereof the following:


              "4. Notwithstanding the provisions of section 99.845, RSMo, to the"; and


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


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


            Representative Skaggs raised a point of order that House Amendment No. 1 to House Amendment No. 2 is not germane to the underlying amendment.


            The Chair ruled the point of order well taken.


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


            On motion of Representative Pratt, HCS SS SCS SB 825, as amended, was adopted.




            On motion of Representative Pratt, HCS SS SCS SB 825, as amended, was read the third time and passed by the following vote:


AYES: 146

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bogetto

Bowman

Brooks

Brown 50

Bruns

Burnett

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Faith

Fares

Fisher

Flook

Franz

Fraser

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Robb

Robinson

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

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 007

 

 

 

 

 

 

 

 

 

Bringer

Dake

Ervin

Frame

Henke

Roark

Roorda

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Oxford

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

 

Bean

Boykins

Brown 30

George

Kelly

Spreng

Walsh

Zweifel

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Jetton declared the bill passed.


            HCS SS SCS SB 590, as amended, with House Amendment No. 4, pending, relating to higher education, was taken up by Representative Kingery.


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


            On motion of Representative Kingery, HCS SS SCS SB 590, as amended, was adopted.


            On motion of Representative Kingery, HCS SS SCS SB 590, as amended, was read the third time and passed by the following vote:


AYES: 129

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bogetto

Boykins

Bringer

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Dake

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Guest

Harris 110

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Jones

Kingery

Kratky

Kraus

Kuessner

Lager

Lembke

LeVota

Liese

Lipke

Loehner

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Page

Parker

Parson

Pearce

Phillips

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Rucker

Ruestman

Salva

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Wagner

Wallace

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Mr Speaker

 

 

 

 

 

 

NOES: 022

 

 

 

 

 

 

 

 

 

Baker 25

Brooks

Brown 50

Burnett

Chappelle-Nadal

Curls

Darrough

Daus

El-Amin

Frame

Fraser

Harris 23

Johnson 90

Jolly

Lampe

Low 39

Lowe 44

Oxford

Roorda

Schoemehl

Vogt

Young

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 011

 

 

 

 

 

 

Bean

Bowman

Brown 30

Bruns

Dougherty

George

Kelly

Pollock

Spreng

Walsh

Zweifel

 

 

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Jetton declared the bill passed.


            The emergency clause was adopted by the following vote:


AYES: 120

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Bearden

Behnen

Bivins

Black

Bogetto

Boykins

Bringer

Bruns

Casey

Chinn

Cooper 120

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Dake

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

George

Guest

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Jones

Kingery

Kratky

Kraus

Lager

Lipke

Loehner

Lowe 44

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Page

Parson

Pearce

Phillips

Portwood

Pratt

Quinn

Rector

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Wagner

Wallace

Walton

Wasson

Wells

Weter

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Yaeger

Yates

Mr Speaker

 

 

 

 

 

NOES: 029

 

 

 

 

 

 

 

 

 

Baker 25

Bland

Brooks

Brown 50

Burnett

Chappelle-Nadal

Curls

Darrough

Daus

El-Amin

Fraser

Harris 23

Harris 110

Haywood

Johnson 90

Jolly

Kuessner

Lampe

LeVota

Liese

Low 39

Oxford

Salva

Schoemehl

Vogt

Whorton

Wildberger

Wright-Jones

Young

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 013

 

 

 

 

 

 

Bean

Bowman

Brown 30

Cooper 155

Frame

Kelly

Lembke

Parker

Pollock

Richard

Spreng

Walsh

Zweifel

 

 

 

 

 

 

 

VACANCIES: 001




HOUSE RESOLUTION


            Representative Dempsey offered House Resolution No. 3505, which was read.


HOUSE RESOLUTION NO. 3505


              NOW THEREFORE, BE IT RESOLVED by the House of Representatives, Ninety-third General Assembly, that D. Adam Crumbliss be elected Chief Clerk of the House of Representatives effective July 10, 2006, for the remainder of the Ninety-third General Assembly.


            On motion of Representative Dempsey, HR 3505 was adopted by the following vote:


AYES: 148

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bogetto

Boykins

Bringer

Brown 50

Bruns

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Dake

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

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

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

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

Wagner

Wallace

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Mr Speaker

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 014

 

 

 

 

 

 

Bean

Bowman

Brooks

Brown 30

Burnett

Chappelle-Nadal

Dougherty

George

Kelly

Richard

Spreng

Vogt

Walsh

Zweifel

 

 

 

 

 

 

VACANCIES: 001


MESSAGE 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 HJR 55, entitled:


            Joint Resolution submitting to the qualified voters of Missouri an amendment repealing section 3 of article XIII of the Constitution of Missouri, and adopting one new section in lieu thereof relating to compensation and discipline of public officials.


            With Senate Amendment No. 1.


Senate Amendment No. 1


AMEND House Joint Resolution No. 55, Page 3, Section 3, Line 68, by striking the opening bracket “[“; and


              Further amend Line 69, by inserting immediately after the word “by” as it appears the second time in said line the following:


              a two-thirds majority vote”; and


              Further amend Line 70, by striking the closing bracket “]”.


              In which the concurrence of the House is respectfully requested.


SUPPLEMENTAL CALENDAR


MAY 11, 2006


SENATE BILL FOR THIRD READING


HCS SCS SB 1250 - Dusenberg


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


AFTERNOON SESSION


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


            The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Mitch Steevens, Kayla Reynolds, Sadie Dasovich and Andrew Scott.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 3533 - Representative Jetton

            House Resolution No. 3534

                        and

            House Resolution No. 3535 - Representative Self

            House Resolution No. 3536 - Representatives McGhee and Pearce

            House Resolution No. 3537 - Representative Aull

            House Resolution No. 3538 - Representative El-Amin

            House Resolution No. 3539 - Representative Rector

            House Resolution No. 3540

                        through 

            House Resolution No. 3553 - Representative Hobbs

            House Resolution No. 3554

                        through

            House Resolution No. 3566 - Representative Day

            House Resolution No. 3567 - Representative Dethrow

            House Resolution No. 3568 - Representative George

            House Resolution No. 3569 - Representative Walton

 

            Speaker Pro Tem Bearden assumed the Chair.


BILLS IN CONFERENCE


            CCR SCS HCS HBs 1270 & 1027, as amended, relating to ethanol-blended fuel, was taken up by Representative Behnen.


            On motion of Representative Behnen, CCR SCS HCS HBs 1270 & 1027, as amended, was adopted by the following vote:


AYES: 145

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Bearden

Behnen

Bivins

Black

Bland

Bogetto

Bowman

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

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Ervin

Faith

Fares

Fisher

Flook

Frame

Franz

Fraser

Guest

Harris 23

Harris 110

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Page

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

Silvey

Skaggs

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

NOES: 004

 

 

 

 

 

 

 

 

 

Baker 123

Davis

Emery

Lowe 44

 

 

 

 

 

 

PRESENT: 005

 

 

 

 

 

 

 

 

 

Brooks

Haywood

Oxford

Shoemyer

Witte

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

 

Bean

Brown 30

George

Kelly

Marsh

Parker

Spreng

Vogt

 

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Behnen, CCS SCS HCS HBs 1270 & 1027 was read the third time and passed by the following vote:


AYES: 147

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Bearden

Behnen

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

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Ervin

Faith

Fares

Fisher

Flook

Frame

Franz

Fraser

George

Guest

Harris 23

Harris 110

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Salva

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schoemehl

Self

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

Wilson 130

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 004

 

 

 

 

 

 

 

 

 

Baker 123

Davis

Emery

Lowe 44

 

 

 

 

 

 

PRESENT: 004

 

 

 

 

 

 

 

 

 

Haywood

Oxford

Shoemyer

Witte

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Bean

Bivins

Brown 30

Kelly

Marsh

Schneider

Spreng

 

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


MESSAGES FROM THE SENATE


            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 590, 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 Senate refuses to concur in HCS SCS SB 616, 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 Senate refuses to concur in HCS SB 805, 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 appointed the following Conference Committee to act with a like Committee from the House on HCS SS SCS SB 894, as amended: Senators Nodler, Shields, Rupp, Wilson and Days.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House on HCS SS SCS SB 904, as amended: Senators Griesheimer, Klindt, Koster, Wheeler and Coleman.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SS SB 1058, as amended, and requests the House recede from its position and failing to do so grant the Senate a conference thereon, further that the Senate Conferees are allowed to exceed the differences on Chapter 420.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS#2 SCS SB 1221, as amended, and requests the House recede from its position and failing to do so grant the Senate a conference thereon.


BILLS CARRYING REQUEST MESSAGES


            HCS SS SB 1058, as amended, relating to judicial procedures and personnel, was taken up by Representative Pratt.


            Representative Pratt moved that the House refuse to recede from its position on HCS SS SB 1058, as amended, and grant the Senate a conference and that the House conferees be allowed to exceed the differences on Chapter 420.


            Which motion was adopted.


            HCS#2 SCS SB 1221, as amended, relating to crime, was taken up by Representative Lipke.


            Representative Lipke moved that the House refuse to recede from its position on HCS#2 SCS SB 1221, as amended, and grant the Senate a conference.


            Which motion was adopted.


             HCS SCS SB 616, as amended, relating to assisted living facilities, was taken up by Representative Bruns.


            Representative Bruns moved that the House refuse to recede from its position on HCS SCS SB 616, as amended, and grant the Senate a conference.


            Which motion was adopted.


             HCS SB 805, as amended, relating to taxation, was taken up by Representative Smith (14).


            Representative Smith (14) moved that the House refuse to recede from its position on HCS SB 805, as amended, and grant the Senate a conference.


            Which motion was adopted.

 

BILLS IN CONFERENCE


            CCR SS SCS HCS HBs 1698, 1236, 995, 1362 & 1290, as amended, relating to sexual offenders, was taken up by Representative Lipke.


            On motion of Representative Lipke, CCR SS SCS HCS HBs 1698, 1236, 995, 1362 & 1290, as amended, was adopted by the following vote:


AYES: 157

 

 

 

 

 

 

 

 

 

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

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Salva

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoemehl

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 005

 

 

 

 

 

 

Bean

Brown 30

Kelly

Marsh

Spreng

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Lipke, CCS SS SCS HCS HBs 1698, 1236, 995, 1362 & 1290 was read the third time and passed by the following vote:


AYES: 157

 

 

 

 

 

 

 

 

 

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

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Salva

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoemehl

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt