Journal of the House
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JOURNAL OF THE HOUSE Second Regular Session, 99th GENERAL ASSEMBLY __________________________ SEVENTY-FIFTH DAY, WEDNESDAY, MAY 16, 2018 The House met pursuant to adjournment. Representative Gregory in the Chair. Speaker Richardson assumed the Chair. Prayer by Reverend Monsignor Robert A. Kurwicki, Chaplain. He who would love life and see good days, let him turn away from evil and do right; let him seek peace and pursue it. (I Peter 3:10, 11) O Peaceful God, creator and sustainer of the universe and of this planet we call the Earth, we Your children, created in Your own image, turn to You seeking strength for these hours, guidance for our undertakings, and good will for our relationships with other people. We pray for our state. Cleanse our hearts and minds of all misunderstandings and revenge, which are the seeds of conflict. Make us quick to welcome every true adventure, in political cooperation, and every effort to strengthen our relationships with each other. Open the door of opportunity and give us courage to walk through it to a greater life together in the Show-Me State. And the House says, “Amen!” The Pledge of Allegiance to the flag was recited. The Journal of the seventy-fourth day was approved as printed by the following vote: AYES: 131 Adams Alferman Anders Anderson Andrews Austin Bahr Baringer Barnes 60 Barnes 28 Basye Beard Beck Bernskoetter Black Bondon Brattin Brown 57 Burns Butler Christofanelli Conway 10 Conway 104 Cookson Cornejo Cross Curtman Davis DeGroot Dinkins Dogan Dohrman Eggleston Ellebracht Evans Fitzpatrick Fitzwater Fraker Francis Franklin Franks Jr Frederick Gregory Grier Haahr Haefner Hannegan Hansen Harris Helms Henderson Higdon Hill Houghton Houx Hurst Johnson Kelly 141 Kendrick Kidd Knight Kolkmeyer Korman Lant Lauer Lavender Lichtenegger Love Lynch Marshall Matthiesen McCann Beatty McCreery McGaugh McGee Meredith 71 Merideth 80 Miller Morgan Morris 140 3197 3198 Journal of the House Morse 151 Mosley Muntzel Neely Newman Nichols Pfautsch Phillips Pierson Jr Pike Plocher Quade Razer Redmon Reiboldt Reisch Remole Revis Rhoads Roberts Roden Roeber Rone Ross Rowland 155 Rowland 29 Runions Ruth Schroer Shaul 113 Shull 16 Shumake Smith 163 Sommer Stacy Stevens 46 Swan Tate Taylor Trent Unsicker Vescovo Walker 3 Walker 74 Walsh Wessels White Wiemann Wilson Wood Mr. Speaker NOES: 001 Engler PRESENT: 001 Burnett ABSENT WITH LEAVE: 028 Arthur Bangert Berry Brown 27 Carpenter Chipman Corlew Curtis Ellington Gannon Gray Green Justus Kelley 127 Mathews May McDaniel Messenger Mitten Moon Peters Pietzman Pogue Rehder Smith 85 Spencer Stephens 128 Washington VACANCIES: 002 SECOND READING OF SENATE CONCURRENT RESOLUTIONS The following Senate Concurrent Resolutions were read the second time: SCR 50, relating to the replacement of a statue in the Statuary Hall of the Capitol of the United States. SCR 53, relating to the establishment of the Joint Committee on the Review of the Plant Industries Division. COMMITTEE REPORTS Committee on Fiscal Review, Chairman Haefner reporting: Mr. Speaker: Your Committee on Fiscal Review, to which was referred SCS HB 2347, begs leave to report it has examined the same and recommends that it Do Pass by the following vote: Ayes (11): Anderson, Conway (104), Fraker, Haefner, Morgan, Smith (163), Swan, Unsicker, Wessels, Wiemann and Wood Noes (0) Absent (3): Alferman, Morris (140) and Rowland (29) Seventy-fifth Day–Wednesday, May 16, 2018 3199 Mr. Speaker: Your Committee on Fiscal Review, to which was referred SCS HCS HB 2540, as amended, begs leave to report it has examined the same and recommends that it Do Pass by the following vote: Ayes (8): Anderson, Conway (104), Fraker, Haefner, Smith (163), Swan, Wiemann and Wood Noes (3): Morgan, Unsicker and Wessels Absent (3): Alferman, Morris (140) and Rowland (29) Mr. Speaker: Your Committee on Fiscal Review, to which was referred SS SCS HB 2562, as amended, begs leave to report it has examined the same and recommends that it Do Pass by the following vote: Ayes (7): Conway (104), Fraker, Haefner, Morgan, Smith (163), Swan and Wood Noes (3): Unsicker, Wessels and Wiemann Absent (4): Alferman, Anderson, Morris (140) and Rowland (29) Mr. Speaker: Your Committee on Fiscal Review, to which was referred SJR 27, begs leave to report it has examined the same and recommends that it Do Pass by the following vote: Ayes (11): Anderson, Conway (104), Fraker, Haefner, Morgan, Smith (163), Swan, Unsicker, Wessels, Wiemann and Wood Noes (0) Absent (3): Alferman, Morris (140) and Rowland (29) Mr. Speaker: Your Committee on Fiscal Review, to which was referred CCR HCS SS SB 608, begs leave to report it has examined the same and recommends that it Do Pass by the following vote: Ayes (9): Anderson, Conway (104), Fraker, Haefner, Morgan, Smith (163), Swan, Wiemann and Wood Noes (0) Absent (5): Alferman, Morris (140), Rowland (29), Unsicker and Wessels THIRD READING OF SENATE BILLS - INFORMAL HCS SB 773, as amended, with House Amendment No. 2, as amended, pending, relating to taxation, was taken up by Representative Swan. On motion of Representative Anderson, House Amendment No. 2, as amended, was adopted by the following vote, the ayes and noes having been demanded by Representative Frederick: AYES: 085 Adams Alferman Anders Anderson Arthur Austin Bahr Bangert Baringer Barnes 60 Barnes 28 Beck Bondon Burnett Burns 3200 Journal of the House Carpenter Christofanelli Conway 10 Corlew Cornejo Ellebracht Evans Fitzwater Fraker Francis Franks Jr Gannon Green Gregory Haahr Hannegan Harris Helms Henderson Houghton Justus Kelley 127 Kelly 141 Kendrick Kidd Kolkmeyer Lant Lavender Lichtenegger Lynch Matthiesen May McCann Beatty McCreery McDaniel McGaugh McGee Meredith 71 Merideth 80 Mitten Morgan Morse 151 Mosley Neely Nichols Pierson Jr Plocher Quade Razer Redmon Reiboldt Remole Revis Roeber Rone Runions Shaul 113 Spencer Stephens 128 Swan Taylor Trent Unsicker Vescovo Walker 74 Washington Wessels Wiemann Wilson Mr. Speaker NOES: 063 Andrews Basye Bernskoetter Berry Black Brattin Brown 57 Butler Chipman Conway 104 Cookson Curtman Davis Dinkins Dogan Dohrman Eggleston Engler Fitzpatrick Franklin Frederick Gray Grier Haefner Hansen Higdon Hill Houx Hurst Johnson Knight Korman Lauer Love Marshall Mathews Miller Moon Morris 140 Muntzel Pfautsch Phillips Pietzman Pike Reisch Rhoads Roberts Roden Ross Rowland 155 Rowland 29 Ruth Shull 16 Shumake Smith 85 Smith 163 Sommer Stacy Tate Walker 3 Walsh White Wood PRESENT: 000 ABSENT WITH LEAVE: 013 Beard Brown 27 Cross Curtis DeGroot Ellington Messenger Newman Peters Pogue Rehder Schroer Stevens 46 VACANCIES: 002 Representative Rhoads offered House Amendment No. 3. House Amendment No. 3 AMEND House Committee Substitute for Senate Bill No. 773, Page 1, Section A, Line 3, by inserting after all of said section and line the following: "32.087. 1. Within ten days after the adoption of any ordinance or order in favor of adoption of any local sales tax authorized under the local sales tax law by the voters of a taxing entity, the governing body or official of such taxing entity shall forward to the director of revenue by United States registered mail or certified mail a certified copy of the ordinance or order. The ordinance or order shall reflect the effective date thereof. 2. Any local sales tax so adopted shall become effective on the first day of the second calendar quarter after the director of revenue receives notice of adoption of the local sales tax, except as provided in subsection 18 of this section, and shall be imposed on all transactions on which the Missouri state sales tax is imposed. 3. Every retailer within the jurisdiction of one or more taxing entities which has imposed one or more local sales taxes under the local sales tax law shall add all taxes so imposed along with the tax imposed by the sales tax law of the state of Missouri to the sale price and, when added, the combined tax shall constitute a part of the price, Seventy-fifth Day–Wednesday, May 16, 2018 3201 and shall be a debt of the purchaser to the retailer until paid, and shall be recoverable at law in the same manner as the purchase price. The combined rate of the state sales tax and all local sales taxes shall be the sum of the rates, multiplying the combined rate times the amount of the sale. 4. The brackets required to be established by the director of revenue under the provisions of section 144.285 shall be based upon the sum of the combined rate of the state sales tax and all local sales taxes imposed under the provisions of the local sales tax law. 5. (1) The ordinance or order imposing a local sales tax under the local sales tax law shall impose a tax upon all transactions upon which the Missouri state sales tax is imposed to the extent and in the manner provided in sections 144.010 to 144.525, and the rules and regulations of the director of revenue issued pursuant thereto; except that the rate of the tax shall be the sum of the combined rate of the state sales tax or state highway use tax and all local sales taxes imposed under the provisions of the local sales tax law. (2) Notwithstanding any other provision of law to the contrary, local taxing jurisdictions, except those in which voters have approved a local use tax under section 144.757, shall have placed on the ballot on or after the general election in November 2014, but no later than the general election in November [2018] 2022, whether to repeal application of the local sales tax to the titling of motor vehicles, trailers, boats, and outboard motors that are subject to state sales tax under section 144.020 and purchased from a source other than a licensed Missouri dealer.