JOURNAL OF THE HOUSE
First Regular Session, 98th GENERAL ASSEMBLY
THIRTY-NINTH DAY, TUESDAY, MARCH 17, 2015
The House met pursuant to adjournment.
Speaker Diehl in the Chair.
Prayer by Msgr. Robert A. Kurwicki, Chaplain.
O Lord, be gracious unto us; we have waited for Thee; be Thou our arm every morning, our salvation also in the time of trouble. (Isaiah 33:2)
O Eternal God of us all, who has created us with minds to seek truth, with hearts to feel love, and with wills to choose the right, we bow at the altar of Your presence praying for the establishment of justice and peace in Missouri.
Breathe into our hearts and into the hearts of our people the generosity and the genuineness of good living. Save us from unhealthy relationships, break down the walls that separate us, and let pettiness pass away as the power of Your love comes to life within us.
We commend our State to You. Make us worthy of the sacrifices which have been built into the foundation of this Capitol. Save us from fools and foolish advice today. From lawlessness and anarchy and selfishness, deliver us. May love, moral values, public integrity, and private character become the blessing of Missouri. Grant that we enter this Saint Patrick’s day with You and may the blessings of Your triune Godhead rest upon us.
And the House says, “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: John Watson III, Breanna Schreimann, Braden Schreimann and Ashley Keene.
The Journal of the thirty-eighth day was approved as printed by the following vote:
AYES: 147
Adams Alferman Allen Anders Anderson Andrews Arthur Austin Bahr Basye Beard Bernskoetter Black Bondon Brattin Brown 57 Brown 94 Burlison Burns Butler Carpenter Chipman Cierpiot Colona Conway 10 Conway 104 Cookson Corlew Cornejo Crawford Cross Curtman Davis Dogan Dohrman Dugger Eggleston Engler English Fitzpatrick Fitzwater 144 Fitzwater 49 Flanigan Fraker Frederick Gannon Gosen Green Haahr Haefner Hansen Harris Hicks Higdon Hill Hinson Hoskins Hough Houghton Hubrecht
991 992 Journal of the House
Hummel Hurst Johnson Jones Justus Keeney Kelley Kendrick Kidd King Kirkton Kolkmeyer Korman Kratky LaFaver Lair Lant Lauer Lavender Leara Lichtenegger Love Lynch Marshall Mathews May McCaherty McCann Beatty McCreery McDaniel McGaugh McManus McNeil Meredith Messenger Miller Mims Mitten Montecillo Moon Morgan Morris Muntzel Neely Newman Nichols Norr Otto Pace Parkinson Peters Pfautsch Phillips Pierson Pike Pogue Redmon Reiboldt Rhoads Richardson Rizzo Roden Roeber Rone Ross Rowden Rowland Runions Ruth Shaul Shull Shumake Smith Solon Sommer Spencer Swan Taylor Vescovo Walker Walton Gray White Wiemann Wilson Wood Zerr Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 015
Barnes Berry Curtis Dunn Ellington Entlicher Franklin Gardner Hubbard Koenig McDonald Pietzman Rehder Remole Webber
VACANCIES: 001
SECOND READING OF HOUSE BILLS - APPROPRIATIONS
The following House Bills were read the second time:
HB 17, relating to capital improvements and other purposes designated for the period beginning July 1, 2015 and ending June 30, 2017.
HB 18, relating to capitol improvement projects involving the maintenance, repair, replacement, and improvement of state buildings and facilities designated for the period beginning July 1, 2015 and ending June 30, 2017.
PERFECTION OF HOUSE BILLS
HCS HB 119, relating to public water systems, was taken up by Representative Lichtenegger.
On motion of Representative Lichtenegger, HCS HB 119 was adopted.
On motion of Representative Lichtenegger, HCS HB 119 was ordered perfected and printed. Thirty-ninth Day–Tuesday, March 17, 2015 993
HB 152, relating to sexual trafficking of a child, was taken up by Representative Haahr.
On motion of Representative Haahr, HB 152 was ordered perfected and printed.
HCS HB 33, relating to survivor benefits, was taken up by Representative Walker.
On motion of Representative Walker, HCS HB 33 was adopted.
On motion of Representative Walker, HCS HB 33 was ordered perfected and printed.
HB 276, relating to property exemptions from attachment, was taken up by Representative Cornejo.
On motion of Representative Cornejo, HB 276 was ordered perfected and printed.
HCS HB 95, relating to reimbursement of insurance costs during dissolution of marriage proceedings, was taken up by Representative Miller.
On motion of Representative Miller, HCS HB 95 was adopted.
On motion of Representative Miller, HCS HB 95 was ordered perfected and printed.
HCS HB 325, relating to the Bring Jobs Home Act, was taken up by Representative McCaherty.
Representative McCaherty offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for House Bill No. 325, Page 1, In the Title, Lines 2-3, by deleting the words "the bring jobs home act." and inserting in lieu thereof "tax deductions for out-of-s tate bus ines s es relocating to Missouri."; and
Further amend said bill, Page 1, Section 143.1100, Lines 7-9, by deleting all of said lines and inserting in lieu thereof the following:
"(2) "Deduction": (a) For individuals, an amount subtracted from the taxpayer's Missouri adjusted gross income to determine Missouri taxable income for the tax year in which such deduction is claimed; and (b) For corporations, an amount subtracted from the taxpayer's Federal taxable income to determine Missouri taxable income for the tax year in which such deduction is claimed."; and
Further amend said bill, Pages 2-3, section, Lines 54-58, by deleting all of said lines and inserting in lieu thereof the following:
"this section. The amount of the deduction claimed shall not exceed the amount of: (a) For individuals, the taxpayer’s Missouri adjus ted gross income for the taxable year for which the deduction is claimed; and (b) For corporations, the taxpayer's Missouri taxable income for the taxable year for which the deduction is claimed. 994 Journal of the House
However, any deduction that cannot be claimed in the taxable year may be carried over to the next five succeeding taxable years until the full deduction has been claimed."; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
On motion of Representative McCaherty, House Amendment No. 1 was adopted.
On motion of Representative McCaherty, HCS HB 325, as amended, was adopted.
On motion of Representative McCaherty, HCS HB 325, as amended, was ordered perfected and printed.
HB 531, relating to child-resistant packaging for liquid nicotine containers, was taken up by Representative Solon.
On motion of Representative Solon, HB 531 was ordered perfected and printed.
HB 589, with House Committee Amendment No. 1, relating to Missouri Medicaid audit and compliance, was taken up by Representative Hough.
On motion of Representative Barnes, House Committee Amendment No. 1 was adopted.
Representative Hinson offered House Amendment No. 1.
House Amendment No. 1
AMEND House Bill No. 589, Page 1, In the Title, Line 3, by deleting "Missouri Medicaid audit and compliance" and inserting in lieu thereof "the MO HealthNet program"; and
Further amend said bill, Page 10, Section 208.152, Line 313, by inserting the following after all of said line:
"13. The MO HealthNet division shall provide an additional reimbursement to emergency medical technicians who divert MO HealthNet recipients who do not require emergency treatment from emergency departments to urgent care or other primary care facilities. The department of social services shall have the authority to promulgate rules and regulations limiting the circumstances in which an emergency medical technician may divert a MO HealthNet recipient from an emergency department under the provisions of this subsection."; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
On motion of Representative Hinson, House Amendment No. 1 was adopted.
On motion of Representative Hough, HB 589, as amended, was ordered perfected and printed.
On motion of Representative Richardson, the House recessed until 2:30 p.m. Thirty-ninth Day–Tuesday, March 17, 2015 995
AFTERNOON SESSION
The hour of recess having expired, the House was called to order by Speaker Diehl.
PERFECTION OF HOUSE BILLS
HB 430, with House Committee Amendment No. 1, relating to materials produced and disseminated at taxpayer expense, was taken up by Representative Curtman.
On motion of Representative Barnes, House Committee Amendment No. 1 was adopted.
Representative Curtman offered House Amendment No. 1.
House Amendment No. 1
AMEND House Bill No. 430, Page 1, Section 37.071, Lines 7-8, by deleting all of said lines and inserting in lieu of thereof the following:
"direct response to a communication from a person to whom the matter is mailed, any mailing of a news release to the communications media, or any mailing or dis tribution of four hundred ninety-eight or fewer newsletters, pamphlets or other printed matter with substantially identical content, whether such matter is deposited singly or in bulk, at the same or different times."; and
Further amend said bill, page, and section, Lines 11-12, by deleting all of said lines and inserting in lieu thereof the following:
"(1) In the case of mas s mailings, signs, and billboards, that the communication is printed and published at the taxpayer expense;"; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
On motion of Representative Curtman, House Amendment No. 1 was adopted.
Speaker Pro Tem Hoskins assumed the Chair.
Representative Richardson moved the previous question.
Which motion was adopted by the following vote:
AYES: 106
Alferman Allen Anderson Andrews Austin Bahr Barnes Basye Beard Bernskoetter Berry Black Bondon Brattin Brown 57 Brown 94 Burlison Chipman Cierpiot Conway 104 Cookson Corlew Crawford Cross Curtman Davis Dogan Dohrman Dugger Eggleston Engler English Entlicher Fitzwater 49 Fraker Frederick Gannon Gosen Haahr Hansen Higdon Hill Hinson Hoskins Hough Houghton Hubrecht Hurst Johnson Justus 996 Journal of the House
Keeney Kidd King Koenig Kolkmeyer Korman Lair Lant Lauer Leara Love Lynch Marshall Mathews McCaherty McDaniel McGaugh Messenger Miller Moon Morris Muntzel Neely Parkinson Pfautsch Phillips Pietzman Pike Pogue Rehder Reiboldt Remole Rhoads Richardson Roden Roeber Rone Ross Rowden Rowland Ruth Shaul Shull Shumake Solon Sommer Spencer Swan Taylor Vescovo Walker White Wiemann Wilson Wood Zerr
NOES: 040
Adams Anders Arthur Burns Butler Carpenter Colona Conway 10 Dunn Ellington Gardner Green Harris Hummel Kendrick Kirkton Kratky LaFaver Lavender May McCann Beatty McCreery McManus McNeil Meredith Mims Mitten Montecillo Morgan Newman Nichols Norr Otto Pace Peters Pierson Rizzo Smith Walton Gray Webber
PRESENT: 000
ABSENT WITH LEAVE: 016
Cornejo Curtis Fitzpatrick Fitzwater 144 Flanigan Franklin Haefner Hicks Hubbard Jones Kelley Lichtenegger McDonald Redmon Runions Mr. Speaker
VACANCIES: 001
On motion of Representative Curtman, HB 430, as amended, was ordered perfected and printed.
HCS HB 104, relating to the Student Freedom of Association Act, was taken up by Representative Haahr.
Representative Cierpiot moved the previous question.
Which motion was adopted by the following vote:
AYES: 107
Alferman Allen Anderson Andrews Austin Bahr Barnes Basye Beard Bernskoetter Berry Black Bondon Brattin Brown 94 Burlison Chipman Cierpiot Conway 104 Cookson Corlew Cornejo Crawford Curtman Davis Dogan Dohrman Dugger Eggleston English Entlicher Fitzwater 144 Fitzwater 49 Flanigan Fraker Frederick Gannon Gosen Haahr Haefner Thirty-ninth Day–Tuesday, March 17, 2015 997
Hansen Higdon Hill Hoskins Hough Houghton Hubrecht Hurst Johnson Jones Justus Keeney Kelley Kidd King Koenig Kolkmeyer Korman Lair Lant Lauer Leara Love Lynch Mathews McCaherty McDaniel McGaugh Messenger Miller Moon Morris Muntzel Neely Parkinson Pfautsch Phillips Pietzman Pike Pogue Redmon Rehder Reiboldt Remole Rhoads Richardson Roden Roeber Rone Ross Rowden Rowland Ruth Shaul Shull Shumake Solon Sommer Spencer Swan Taylor Vescovo Walker White Wiemann Wilson Wood
NOES: 042
Adams Anders Arthur Burns Butler Carpenter Colona Conway 10 Dunn Ellington Gardner Harris Hubbard Hummel Kendrick Kirkton Kratky LaFaver Lavender May McCann Beatty McCreery McDonald McManus McNeil Meredith Mims Mitten Montecillo Morgan Newman Nichols Norr Otto Pace Peters Pierson Rizzo Runions Smith Walton Gray Webber
PRESENT: 000
ABSENT WITH LEAVE: 013
Brown 57 Cross Curtis Engler Fitzpatrick Franklin Green Hicks Hinson Lichtenegger Marshall Zerr Mr. Speaker
VACANCIES: 001
On motion of Representative Haahr, HCS HB 104 was adopted.
On motion of Representative Haahr, HCS HB 104 was ordered perfected and printed.
HCS HB 722, relating to the provision of paper and plastic bags, was taken up by Representative Shaul.
Representative Richardson moved the previous question.
Which motion was adopted by the following vote:
AYES: 103
Alferman Allen Anderson Andrews Austin Bahr Barnes Basye Bernskoetter Berry Black Bondon Brattin Brown 94 Burlison Chipman Cierpiot Cookson Corlew Crawford Curtman Davis Dogan Dohrman Dugger 998 Journal of the House
Eggleston Engler English Entlicher Fitzwater 49 Fraker Frederick Gannon Gosen Haahr Haefner Hansen Higdon Hill Hoskins Hough Houghton Hubrecht Hurst Johnson Justus Keeney Kelley Kidd King Koenig Kolkmeyer Korman Lair Lant Lauer Love Lynch Marshall Mathews McCaherty McDaniel McGaugh Messenger Miller Moon Morris Muntzel Neely Parkinson Pfautsch Phillips Pietzman Pike Pogue Redmon Rehder Reiboldt Remole Rhoads Richardson Roden Roeber Rone Ross Rowden Rowland Ruth Shaul Shull Shumake Solon Sommer Spencer Swan Taylor Vescovo Walker White Wiemann Wilson Wood Zerr
NOES: 041
Adams Anders Arthur Burns Butler Carpenter Colona Dunn Ellington Green Harris Hinson Hubbard Hummel Kendrick Kirkton Kratky LaFaver Lavender May McCann Beatty McCreery McDonald McManus McNeil Meredith Mims Mitten Montecillo Morgan Newman Nichols Norr Otto Pace Peters Pierson Rizzo Runions Walton Gray Webber
PRESENT: 000
ABSENT WITH LEAVE: 018
Beard Brown 57 Conway 10 Conway 104 Cornejo Cross Curtis Fitzpatrick Fitzwater 144 Flanigan Franklin Gardner Hicks Jones Leara Lichtenegger Smith Mr. Speaker
VACANCIES: 001
On motion of Representative Shaul, HCS HB 722 was adopted.
On motion of Representative Shaul, HCS HB 722 was ordered perfected and printed.
HB 985, relating to eligibility data verification for public assistance, was taken up by Representative Haefner.
Representative Haefner offered House Amendment No. 1.
House Amendment No. 1
AMEND House Bill No. 985, Page 1, In the Title, by inserting immediately after the word "assistance" the word "programs"; and Thirty-ninth Day–Tuesday, March 17, 2015 999
Further amend said bill and page, Section 208.065, Line 2, by inserting immediately after the word "procure" the words " and enter into a competitively bid contract with"; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
On motion of Representative Haefner, House Amendment No. 1 was adopted.
On motion of Representative Haefner, HB 985, as amended, was ordered perfected and printed.
HCS HB 132, relating to motor fuel tax exemptions, was taken up by Representative Brattin.
Representative Brattin offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for House Bill No. 132, Page 1, In the Title, Line 3, by ins erting the word, "marine" before the word, "motor"; and
Further amend said bill, Section 142.815, Page 2, Lines 23, 41, and 43, Page 3, Lines 60, 68, 76, and 84, by deleting the words, "pursuant to" and inserting in lieu thereof the following:
"[pursuant to] under"; and
Further amend s aid bill, Section 144.030, Page 4, Lines 2, 5, 11, and 15, Page 5, Line 21, Page 6, Line 57, Page 7, Line 116, Page 8, Lines 139-140, 143, 149, and 151-152, Page 9, Line 195, Page 10, Lines 221 and 230, Page 11, Lines 252 and 257, and Page 12, Line 274, by deleting the words, "pursuant to" and inserting in lieu thereof the following:
"[pursuant to] under"; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Representative Hummel raised a point of order that House Amendment No. 1 was not timely distributed.
House Amendment No. 1 was withdrawn.
Representative Ellington offered House Amendment No. 2.
House Amendment No. 2
AMEND House Committee Substitute for House Bill No. 132, Page 1, In the Title, Line 3, by deleting the phrase "motor fuel tax exemptions." and inserting in lieu thereof "taxation."; and
Further amend said bill, Section 142.815, Page 4, Line 111, by inserting immediately after said section and line the following:
"144.020. 1. A tax is hereby levied and imposed for the privilege of titling new and used motor vehicles, trailers, boats, and outboard motors purchased or acquired for use on the highways or waters of this state which are required to be titled under the laws of the state of Mis s ouri and, except as provided in subdivision (9) of this 1000 Journal of the House s ubs ection, upon all sellers for the privilege of engaging in the business of selling tangible personal property or rendering taxable service at retail in this state. The rate of tax shall be as follows: (1) Upon every retail sale in this state of tangible personal property, excluding motor vehicles, trailers, motorcycles, mopeds, motortricycles, boats and outboard motors required to be titled under the laws of the state of Missouri and subject to tax under subdivision (9) of this subsection, a tax equivalent to four percent of the purchase price paid or charged, or in case such sale involves the exchange of property, a tax equivalent to four percent of the consideration paid or charged, including the fair market value of the property exchanged at the time and place of the exchange, except as otherwise provided in section 144.025; (2) A tax equivalent to four percent of the amount paid for admission and seating accommodations, or fees paid to, or in any place of amusement, entertainment or recreation, games and athletic events; (3) A tax equivalent to four percent of the basic rate paid or charged on all sales of electricity or electrical current, water and gas, natural or artificial, to domestic, commercial or industrial consumers; (4) A tax equivalent to four percent on the basic rate paid or charged on all sales of local and long distance telecommunications service to telecommunications subscribers and to others through equipment of telecommunications subscribers for the transmission of messages and conversations and upon the sale, rental or leasing of all equipment or services pertaining or incidental thereto; except that, the payment made by telecommunications subscribers or others, pursuant to section 144.060, and any amounts paid for access to the internet or interactive computer services shall not be considered as amounts paid for telecommunications services; (5) A tax equivalent to four percent of the basic rate paid or charged for all sales of services for transmission of messages of telegraph companies; (6) A tax equivalent to four percent on the amount of sales or charges for all rooms, meals and drinks furnished at any hotel, motel, tavern, inn, restaurant, eating house, drugstore, dining car, tourist cabin, tourist camp or other place in which rooms, meals or drinks are regularly served to the public; (7) A tax equivalent to four percent of the amount paid or charged for intrastate tickets by every person operating a railroad, sleeping car, dining car, express car, boat, airplane and such buses and trucks as are licensed by the division of motor carrier and railroad safety of the department of economic development of Missouri, engaged in the transportation of persons for hire; (8) A tax equivalent to four percent of the amount paid or charged for rental or lease of tangible pers onal property, provided that if the lessor or renter of any tangible personal property had previously purchased the property under the conditions of "sale at retail" or leased or rented the property and the tax was paid at the time of purchase, lease or rental, the lessor, sublessor, renter or subrenter shall not apply or collect the tax on the subsequent lease, s ublease, rental or subrental receipts from that property. The purchase, rental or lease of motor vehicles, trailers , motorcycles, mopeds, motortricycles, boats, and outboard motors shall be taxed and the tax paid as provided in this section and section 144.070. In no event shall the rental or lease of boats and outboard motors be considered a sale, charge, or fee to, for or in places of amusement, entertainment or recreation nor shall any such rental or lease be subject to any tax imposed to, for, or in such places of amusement, entertainment or recreation. Rental and leased boats or outboard motors shall be taxed under the provisions of the sales tax laws as provided under such laws for motor vehicles and trailers. Tangible personal property which is exempt from the sales or use tax under section 144.030 upon a sale thereof is likewise exempt from the sales or use tax upon the lease or rental thereof; (9) A tax equivalent to four percent of the purchase price, as defined in section 144.070, of new and used motor vehicles, trailers, boats, and outboard motors purchased or acquired for use on the highways or waters of this state which are required to be registered under the laws of the state of Missouri. This tax is imposed on the person titling such property, and shall be paid according to the procedures in section 144.440. 2. All tickets sold which are sold under the provisions of sections 144.010 to 144.525 which are subject to the sales tax shall have printed, stamped or otherwise endorsed thereon, the words "This ticket is subject to a sales tax.". 3. (1) In addition to all other taxes imposed under this chapter, a tax is hereby levied and imposed upon all sellers for the privilege of engaging in the business of selling tangible personal property or rendering taxable service at retail in this state. The rate of such additional tax shall be equivalent to one percent of the purchase price of all tangible personal property or taxable services rendered at retail in this state that are taxable under this section. (2) There is hereby created in the state treasury the "Peace Officer Video Camera Sales Tax Fund", which shall consist of money collected under this s ubs ection. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements. The fund shall be a dedicated fund and, upon appropriation, money in the fund s hall be used solely as provided in this subsection and section 590.715. Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue Thirty-ninth Day–Tuesday, March 17, 2015 1001 fund. The state treas urer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.”; and
Further amend said bill, Section 144.030, Page 13, Line 305, by inserting immediately after said section and line the following:
"590.715. 1. All uniformed law enforcement officers in this state shall wear a video camera affixed to the law enforcement officer's uniform while on duty. The video camera shall record the interaction between a law enforcement officer and a member of the public. The recording shall include both audio and video. 2. All law enforcement agencies shall preserve any recordings made by a video camera under this section for a minimum of thirty days and shall develop any policies and procedures necessary to execute the provisions of this section. 3. The provisions of this section shall not apply to detectives or other law enforcement officers while they are working in an undercover capacity, or to any law enforcement officer in any situation where the wearing of such a video camera would endanger the safety of the officer or the public."; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Representative Richardson moved the previous question.
Which motion was adopted by the following vote:
AYES: 103
Alferman Allen Anderson Andrews Austin Bahr Barnes Basye Beard Bernskoetter Berry Black Bondon Brattin Brown 94 Burlison Chipman Cierpiot Conway 104 Cookson Corlew Cornejo Crawford Cross Curtman Davis Dogan Dohrman Eggleston Engler English Entlicher Fitzwater 144 Fitzwater 49 Fraker Frederick Gannon Gosen Haefner Hansen Higdon Hill Hinson Hoskins Hough Houghton Hubrecht Hurst Johnson Jones Justus Keeney Kidd King Koenig Kolkmeyer Korman Lair Lant Love Lynch Marshall Mathews McCaherty McDaniel McGaugh Messenger Miller Moon Morris Muntzel Neely Pfautsch Phillips Pietzman Pike Pogue Redmon Reiboldt Remole Richardson Roden Roeber Rone Ross Rowden Rowland Ruth Shaul Shull Shumake Solon Sommer Spencer Swan Taylor Vescovo Walker White Wiemann Wilson Wood Zerr
NOES: 040
Adams Anders Arthur Burns Butler Carpenter Dunn Ellington Gardner Green Harris Hubbard Hummel Kendrick Kirkton Kratky LaFaver Lavender May McCann Beatty McCreery McDonald McManus McNeil Meredith Mims Mitten Montecillo Morgan Newman Nichols Norr Otto Pace Peters Pierson Rizzo Runions Smith Walton Gray 1002 Journal of the House
PRESENT: 000
ABSENT WITH LEAVE: 019
Brown 57 Colona Conway 10 Curtis Dugger Fitzpatrick Flanigan Franklin Haahr Hicks Kelley Lauer Leara Lichtenegger Parkinson Rehder Rhoads Webber Mr. Speaker
VACANCIES: 001
Representative Ellington moved that House Amendment No. 2 be adopted.
Which motion was defeated by the following vote, the ayes and noes having been demanded by Representative Ellington:
AYES: 009
Ellington Green McDonald McNeil Mims Pace Pierson Smith Walton Gray
NOES: 120
Alferman Allen Anders Anderson Andrews Austin Bahr Barnes Basye Beard Bernskoetter Berry Black Bondon Brattin Brown 57 Brown 94 Burlison Burns Chipman Cierpiot Conway 104 Cookson Corlew Cornejo Crawford Cross Curtman Davis Dogan Dohrman Dunn Eggleston Engler English Entlicher Fitzwater 144 Fitzwater 49 Fraker Franklin Frederick Gannon Gosen Haefner Hansen Harris Higdon Hill Hinson Hoskins Hough Houghton Hubbard Hubrecht Hurst Johnson Jones Justus Keeney Kelley Kidd King Kirkton Koenig Kolkmeyer Korman Kratky Lair Lant Love Lynch Marshall Mathews McCaherty McDaniel McGaugh Messenger Miller Montecillo Moon Morris Muntzel Neely Norr Otto Pfautsch Phillips Pietzman Pike Pogue Redmon Rehder Reiboldt Remole Rhoads Richardson Rizzo Roden Roeber Rone Ross Rowden Rowland Runions Ruth Shaul Shull Shumake Solon Sommer Spencer Swan Taylor Vescovo Walker White Wiemann Wilson Wood Zerr
PRESENT: 017
Adams Arthur Butler Carpenter Gardner Hummel LaFaver Lavender May McCann Beatty McCreery Meredith Mitten Morgan Newman Nichols Peters Thirty-ninth Day–Tuesday, March 17, 2015 1003
ABSENT WITH LEAVE: 016
Colona Conway 10 Curtis Dugger Fitzpatrick Flanigan Haahr Hicks Kendrick Lauer Leara Lichtenegger McManus Parkinson Webber Mr. Speaker
VACANCIES: 001
On motion of Representative Brattin, HCS HB 132 was adopted.
On motion of Representative Brattin, HCS HB 132 was ordered perfected and printed.
COMMITTEE REPORTS
Committee on Agriculture Policy, Chairman Houghton reporting:
Mr. Speaker: Your Committee on Agriculture Policy, to which was referred HB 375, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment No. 1, and pursuant to Rule 27(2) be referred to the Select Committee on Agriculture.
House Committee Amendment No. 1
AMEND House Bill No. 375, Page 1, Lines 7-8, In the Title, by deleting the words "agriculture, with penalty provisions, and an effective date for a certain section" and inserting in lieu thereof the words "liability for landowners"; and
Further amend said bill, Pages 1-9, Section 301.010, by deleting all of said section from the bill; and
Further amend said bill, Pages 9-14, Section 304.180, by deleting all of said section from the bill; and
Further amend said bill, Page 17, Section 537.345, Line 136, by deleting the words "for personal or private use and not for a commercial event or gathering"; and
Further amend said bill, Pages 18-22, Section 578.018, by deleting both versions of said section from the bill; and
Further amend s aid bill, Pages 20-24, Section 578.030, by deleting both versions of said section from the bill; and
Further amend said bill, Pages 24, Section B, by deleting said section from the bill; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Committee on Children and Families, Chairman Franklin reporting:
Mr. Speaker: Your Committee on Children and Families, to which was referred HB 1045, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment No. 1, and pursuant to Rule 27(12) be referred to the Select Committee on Social Services. 1004 Journal of the House
House Committee Amendment No. 1
AMEND House Bill No. 1045, Page 2, Section 210.861, Line 52, by inserting after the word "under" the phrase "section 67.1775 or"; and
Further amend said bill and section, Page 3, Line 56, by deleting all of said line and inserting in lieu thereof the following:
"shall be approved as set forth in section 67.1775 or section 210.860."; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Mr. Speaker: Your Committee on Children and Families, to which was referred HB 1047, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(12) be referred to the Select Committee on Social Services.
Mr. Speaker: Your Committee on Children and Families, to which was referred HB 1149, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 27(11)(d) be referred to the Select Committee on Rules.
Committee on Elections, Chairman Entlicher reporting:
Mr. Speaker: Your Committee on Elections, to which was referred HB 67, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment No. 1, House Committee Amendment No. 2 and House Committee Amendment No. 3, and pursuant to Rule 27(13) be referred to the Select Committee on State and Local Governments.
House Committee Amendment No. 1
AMEND House Bill No. 67, Pages 1 and 2, Section 115.135, Lines 1 to 26, by deleting all of said lines and inserting in lieu thereof the following:
"115.135. 1. Any person who is qualified to vote, or who s hall become qualified to vote on or before the day of election, shall be entitled to register in the jurisdiction within which he or she resides. In order to vote in any election for which regis tration is required, a person must be registered to vote in the jurisdiction of his or her residence no later than 5:00 p.m., or the normal closing time of any public building where the registration is being held if such time is later than 5:00 p.m., on the fourth Wednes day prior to the election, unless the voter is an interstate former resident, an intrastate new resident [or], a new resident, or a covered voter, as defined in section 115.275. Except as provided in subsection 4 of this section, in no case shall registration for an election extend beyond 10:00 p.m. on the fourth Wednesday prior to the election. Any person registering after such date shall be eligible to vote in subsequent elections. 2. A person applying to register with an election authority or a deputy registration official shall identify himself or herself by presenting a copy of a birth certificate, a Native American tribal document, other proof of United States citizenship, a valid Missouri drivers license or other form of personal identification at the time of registration. 3. Except as provided in federal law or federal elections and in section 115.277, no person shall be entitled to vote if the person has not registered to vote in the juris diction of his or her residence prior to the deadline to register to vote. 4. A covered voter as defined in section 115.275 who has been discharged from military service, has returned from a military deployment or activation, or has separated from employment outside the territorial limits of the United States after the deadline to register to vote, and who is otherwise qualified to register to vote, may register to vote in an election in person before the election authority until 5:00 p.m. on the Friday Thirty-ninth Day–Tuesday, March 17, 2015 1005 before s uch election. Such persons shall produce sufficient documentation showing evidence of qualifying for late registration pursuant to this section."; and
Further amend said bill, Page 3, Section 115.275, Lines 17 to 28, by deleting all of said lines and inserting in lieu thereof the following:
"[(5)"Persons in federal service" includes: (a) Members of the Armed Forces of the United States, while in active service, and their spouses and dependents; (b) Active members of the Merchant Marine of the United States and their spouses and dependents; (c)] (6) "Covered voter": (a) A uniformed services voter who is registered to vote in this state; (b) A uniformed services voter defined in this section whose voting residence is in this state and who otherwise satisfies this state's voter eligibility requirements; (c) An overseas voter; (d) Civilian employees of the United States government working outs ide the boundaries of the United States, and their spouses and dependents; [(d)] (e) Active members of religious or welfare organizations assisting servicemen, and their spouses and dependents; or [(e)] (f) Persons who have been honorably discharged from the Armed Forces or who have terminated their service or employment in any group mentioned in this section within sixty days of an election, and their spouses and dependents. (7) "Overseas voter": (a) A person who resides outside the United States and is qualified to vote in the last place in which the person was domiciled before leaving the United States; or (b) A person who resides outside the United States and, but for such residence, would be qualified to vote in the last place in which the person was domiciled before leaving the United States. (8) "Uniformed services": (a) Active and reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States; (b) The Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or (c) The Missouri National Guard; (9) "Uniformed services voter", an individual who is qualified to vote and is: (a) A member of the active or reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States who is on active duty; (b) A member of the Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; (c) A member on activated status of the National Guard; or (d) A spouse or dependent of a member referred to in this subdivision; (10) "United States", used in the territorial sense, the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. 115.277. 1. Except as provided in subsections 2, 3, 4, and 5 of this section, any registered voter of this state may vote by absentee ballot for all candidates and issues for which such voter would be eligible to vote at the polling place if such voter expects to be prevented from going to the polls to vote on election day due to: (1) Absence on election day from the jurisdiction of the election authority in which such voter is registered to vote; (2) Incapacity or confinement due to illness or physical disability, including a person who is primarily responsible for the physical care of a person who is incapacitated or confined due to illness or disability; (3) Religious belief or practice; (4) Employment as an election authority, as a member of an election authority, or by an election authority at a location other than such voter's polling place; (5) Incarceration, provided all qualifications for voting are retained. 2. Any [person in federal service] covered voter, as defined in section 115.275, who is eligible to register and vote in this state [but is not registered may vote only in the election of presidential and vice presidential electors, United States senator and representative in Congress] may vote in any election for federal office, statewide office, 1006 Journal of the House s tate legislative office, or statewide ballot initiatives by submitting a federal postcard application to apply to vote by absentee ballot or by submitting a federal postcard application at the polling place even though the person is not registered. A federal postcard application submitted by a covered voter pursuant to this subsection shall also serve as a voter registration application under section 115.908 and the election authority shall, if satisfied that the applicant is entitled to regis ter, place the voter's name on the voter registration file. Each [person in federal service] covered voter may vote by absentee ballot or, upon submitting an affidavit that the person is qualified to vote in the election, may vote at the person's polling place. 3. Any interstate former resident, as defined in section 115.275, may vote by absentee ballot for presidential and vice presidential electors. 4. Any intrastate new resident, as defined in section 115.275, may vote by absentee ballot at the election for presidential and vice presidential electors, United States senator, representative in Congress, statewide elected officials and statewide questions, propositions and amendments from such resident's new jurisdiction of residence after registering to vote in such resident's new jurisdiction of residence. 5. Any new resident, as defined in section 115.275, may vote by absentee ballot for presidential and vice presidential electors after registering to vote in such resident's new jurisdiction of residence."; and
Further amend said bill, Page 12, Section 115.287, Line 38, by deleting all of said line and inserting in lieu thereof the following:
"3. On the mailing and ballot envelopes for each [applicant in federal service] covered voter, the election"; and
Further amend s aid bill, Page 13, Section 115.291, Line 19, by deleting all of said line and inserting in lieu thereof the following:
" [persons in federal service] covered voters, when sent from a location determined by the s ecretary of state to be"; and
Further amend said bill, Page 15, Section 115.299, Line 32, by inserting after all of said line the following:
115.912. An application for a military-overseas ballot is timely if received by 5:00 p.m. on the [Wednesday] Friday prior to the election. An application for a military-overseas ballot for a primary election, whether or not timely, shall be effective as an application for a military-overseas ballot for the general election. [115.940. Notwiths tanding any other provision of law, a person in the federal service as defined under section 115.275 may vote in the same manner, using the same technology and requirements, as an overseas voter under sections 115.900 to 115.936.]
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
House Committee Amendment No. 2
AMEND House Bill No. 67, Page 15, Section 115.299, Line 32, by inserting after all of said line the following:
"115.306. 1. No person shall qualify as a candidate for elective public office in the state of Missouri who has been found guilty of or pled guilty to a felony or misdemeanor under the federal laws of the United States of America or to a felony under the laws of this state. 2. (1) Any person who files as a candidate for election to a public office shall be disqualified from participation in the election for which the candidate has filed if s uch pers on is delinquent in the payment of any state income taxes, personal property taxes, municipal taxes, real property taxes on the place of residence, as stated on the declaration of candidacy, or if the person is a past or present corporate officer of any fee office that owes any taxes to the state. (2) Each potential candidate for election to a public office shall file an affidavit with the department of revenue and include a copy of the affidavit with the declaration of candidacy required under section 115.349. Such affidavit shall be in substantially the following form: AFFIRMATION OF TAX PAYMENTS AND BONDING REQUIREMENTS: I hereby declare under penalties of perjury that I am not currently aware of any delinquency in the filing or payment of any state income taxes, personal property taxes, municipal taxes, real property taxes on Thirty-ninth Day–Tuesday, March 17, 2015 1007 the place of res idence, as stated on the declaration of candidacy, or that I am a past or present corporate officer of any fee office that owes any taxes to the state, other than those taxes which may be in dispute. I declare under penalties of perjury that I am not aware of any information that would prohibit me from fulfilling any bonding requirements for the office for which I am filing...... Candidate's Signature ...... Printed Name of Candidate. (3) Upon receipt of a complaint alleging a delinquency of the candidate in the filing or payment of any s tate income taxes, personal property taxes, municipal taxes, real property taxes on the place of residence, as stated on the declaration of candidacy, or if the person is a past or present corporate officer of any fee office that owes any taxes to the s tate, the department of revenue shall investigate such potential candidate to verify the claim contained in the complaint. If the department of revenue finds a positive affirmation to be false, the department shall contact the secretary of state, or the election official who accepted such candidate's declaration of candidacy, and the potential candidate. The department shall notify the candidate of the outs tanding tax owed and give the candidate thirty days to remit any such outstanding taxes owed which are not the subject of dispute between the department and the candidate. If the candidate fails to remit such amounts in full within thirty days, the candidate shall be disqualified from participating in the current election and barred from refiling for an entire election cycle even if the individual pays all of the outstanding taxes that were the subject of the complaint. 115.308. Sections 115.307 to 115.405 shall not apply to candidates for special dis trict offices; township offices in township organization counties; or city, town, and village offices. [115.342. 1. Any person who files as a candidate for election to a public office shall be disqualified from participation in the election for which the candidate has filed if such person is delinquent in the payment of any state income taxes, personal property taxes, municipal taxes, real property taxes on the place of residence, as stated on the declaration of candidacy, or if the person is a past or present corporate officer of any fee office that owes any taxes to the state. 2. Each potential candidate for election to a public office shall file an affidavit with the department of revenue and include a copy of the affidavit with the declaration of candidacy required under section 115.349. Such affidavit shall be in substantially the following form: AFFIRMATION OF TAX PAYMENTS AND BONDING REQUIREMENTS: I hereby declare under penalties of perjury that I am not currently aware of any delinquency in the filing or payment of any state income taxes, personal property taxes, municipal taxes, real property taxes on the place of residence, as stated on the declaration of candidacy, or that I am a past or present corporate officer of any fee office that owes any taxes to the state, other than those taxes which may be in dispute. I declare under penalties of perjury that I am not aware of any information that would prohibit me from fulfilling any bonding requirements for the office for which I am filing...... Candidate's Signature ...... Printed Name of Candidate. 3. Upon receipt of a complaint alleging a delinquency of the candidate in the filing or payment of any state income taxes, personal property taxes, municipal taxes, real property taxes on the place of residence, as stated on the declaration of candidacy, or if the person is a past or present corporate officer of any fee office that owes any taxes to the state, the department of revenue shall investigate such potential candidate to verify the claim contained in the complaint. If the department of revenue finds a pos itive affirmation to be false, the department shall contact the secretary of state, or the election official who accepted such candidate's declaration of candidacy, and the potential candidate. The department shall notify the candidate of the outstanding tax owed and give the candidate thirty days to remit any such outstanding taxes owed which are not the subject of dispute between the department and the candidate. If the candidate fails to remit such amounts in full within thirty days, the candidate shall be disqualified from participating in the current election and barred from refiling for an entire election cycle even if the individual pays all of the outstanding taxes that were the subject of the complaint.] [115.348. No person shall qualify as a candidate for elective public office in the state of Missouri who has been found guilty of or pled guilty to a felony or misdemeanor under the federal laws of the United States of America.] [115.350. No person shall qualify as a candidate for elective public office in the state of Missouri who has been convicted of or found guilty of or pled guilty to a felony under the laws of this state.]"; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly. 1008 Journal of the House
House Committee Amendment No. 3
AMEND House Bill No. 67, Page 3, Section 115.275, Line 28, by inserting after all of said line the following:
"115.277. 1. Except as provided in subsections 2, 3, 4, and 5 of this section, any registered voter of this state may vote by absentee ballot for all candidates and issues for which such voter would be eligible to vote at the polling place if such voter expects to be prevented from going to the polls to vote on election day due to: (1) Absence on election day from the jurisdiction of the election authority in which such voter is registered to vote; (2) Incapacity or confinement due to illness or phys ical disability, including a person who is primarily responsible for the physical care of a person who is incapacitated or confined due to illness or disability; (3) Religious belief or practice; (4) Employment as an election authority, as a member of an election authority, or by an election authority at a location other than such voter's polling place; (5) Incarceration, provided all qualifications for voting are retained; (6) Certified participation in the address confidentiality program established under sections 589.660 to 589.681 because of safety concerns. 2. Any person in federal service, as defined in s ection 115.275, who is eligible to register and vote in this state but is not registered may vote only in the election of presidential and vice presidential electors, United States senator and representative in Congress even though the person is not registered. Each person in federal service may vote by absentee ballot or, upon submitting an affidavit that the person is qualified to vote in the election, may vote at the person's polling place. 3. Any interstate former resident, as defined in section 115.275, may vote by absentee ballot for presidential and vice presidential electors. 4. Any intrastate new resident, as defined in section 115.275, may vote by absentee ballot at the election for presidential and vice presidential electors, United States senator, representative in Congress, statewide elected officials and statewide questions, propositions and amendments from such resident's new jurisdiction of residence after registering to vote in such resident's new jurisdiction of residence. 5. Any new resident, as defined in section 115.275, may vote by absentee ballot for presidential and vice presidential electors after registering to vote in such resident's new jurisdiction of residence."; and
Further amend said bill, Page 4, Section 115.279, Line 10, by inserting after the word "requested." the following:
"If the reason for the applicant voting absentee is due to the reasons established under subdivision (6) of subsection 1 of section 115.277, the applicant shall state the voter's identification information provided by the address confidentiality program in lieu of the applicant's name, address at which he or she is or would be registered, and address to which the ballot is to be mailed, if mailing is requested."; and
Further amend said bill, Page 5, Section 115.279, Line 55, by inserting after "U.S.C." the following:
"Section"; and
Further amend said bill, Page 7, Section 115.283, Line 4, by inserting after the word "ballot." the following:
"If the reason for the voter voting absentee is due to the reasons established under subdivis ion (6) of subsection 1 of section 115.277, the voter shall state the voter's identification information provided by the address confidentiality program in lieu of the applicant's name, voting address, and mailing address."; and
Further amend said bill, Page 8, Section 115.283, Line 28, by inserting immediately after the word "voting" the following:
"; ...... certified participation in the address confidentiality program established under sections 589.660 to 589.681 because of safety concerns"; and Thirty-ninth Day–Tuesday, March 17, 2015 1009
Further amend said bill, Page 10, Section 115.283, Line 98, by inserting immediately after the word "voting" the following:
"; ...... certified participation in the address confidentiality program established under sections 589.660 to 589.681 because of safety concerns"; and
Further amend said bill, Page 15, Section 115.299, Line 32, by inserting after all of said line the following:
"Section B. Because immediate action is necessary to allow certain provisions of this act to apply to election procedures before August 28, 2015, in order to protect the security needs of victims of domestic violence, rape, sexual assault, or stalking, sections 115.277, 115.279, and 115.283 of this act are deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and are hereby declared to be an emergency act within the meaning of the constitution, and sections 115.277, 115.279, and 115.283 this act shall be in full force and effect on July 1, 2015, or upon its passage and approval, whichever first occurs."; and
Further amend said title, enacting clause and intersectional references accordingly.
Mr. Speaker: Your Committee on Elections, to which was referred HB 94, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(13) be referred to the Select Committee on State and Local Governments.
Mr. Speaker: Your Committee on Elections, to which was referred HB 692, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment No. 1, and pursuant to Rule 27(13) be referred to the Select Committee on State and Local Governments.
House Committee Amendment No. 1
AMEND House Bill No. 692, Page 1, In the Title, Line 4, by deleting all of said line and inserting in lieu thereof the words, "political party committee elections."; and
Further amend said page, Section 115.607, Line 1, by deleting the words, "or city"; and
Further amend said section, Page 2, Line 7, by deleting the word, "township" and inserting in lieu thereof the words, "precinct, township:"; and
Further amend said bill, Page 3, Section 115.609, Lines 1 to 6, by deleting all of said lines and inserting in lieu thereof the following:
"115.609. [In each city not situated in a county and in each county which has over nine hundred thousand inhabitants, all members of the county committee shall be elected at the primary election immediately preceding each gubernatorial election and shall hold office until their successors are elected and qualified.] In each [other] county and each city not situated in a county, all members of the county or city committee shall be elected at each primary election and shall hold office until their successors are elected and qualified."; and
Further amend said bill, Page 4, Section 115.613, Line 20, by inserting after the word, "county" the words, "or city"; and
Further amend said bill, Pages 5 and 6, Section 115.619, Lines 1 to 52, by deleting all of said lines and inserting in lieu thereof the following:
"115.619. 1. (1) [The membership of] A legislative district committee shall cons ist of [all county committee members within] the precinct, ward, or township committeeman and committeewoman from such precincts, wards, or townships included in whole or in part of the legislative district[, except as provided in subsections 4 1010 Journal of the House and 5 of this section. In all counties of this state which are wholly contained within a legislative district, or in which there are two or more whole legislative districts, or one whole legislative district and part of another legislative district, or parts of two or more legislative districts,]. There shall be elected from the membership of each legislative district committee a chairman and a vice chairman, one of whom shall be a woman and one of whom shall be a man, and each legislative district at the same time shall elect a secretary and a treasurer, one of whom shall be a woman and one of whom shall be a man, but who may or may not be members of the legislative district committee. (2) A pers on may only be elected chair or vice chair of a legislative district committee for a district in which that person is legally permitted to vote on election day. In no event shall any person serve as a chair or vice chair for more than one legislative district committee. In the event that no person is eligible to serve as chair or vice chair of a committee because he or she is not legally permitted to vote in such district on election day, this subsection shall not apply and the respective s tate committee shall grant a waiver to the committee from such requirements. Party state committees may provide for voting by proxy and for weighted or fractional voting. 2. [If a legislative district and a county are coextensive, the chairman, vice chairman, secretary and treasurer of the county committee shall be the chairman, vice chairman, secretary and treasurer of the legislative committee. 3. Except as provided in subsections 4 and 5 of this section, the congressional, senatorial or judicial district committee shall consist of the chairman and vice chairman of each of the legislative districts in the congressional, senatorial, or judicial districts and the chairman and vice chairman of each of the county committees within the districts. Party state committees may provide for voting by proxy and may provide for weighted or fractional voting. 4. The congressional, senatorial or judicial district committee of a district coextensive with one county shall be the county committee. 5. The congressional, senatorial or judicial district committee of a district which is composed in whole or in part of a part of a city or part of a county shall consist of the ward or township committeemen and committeewomen from such wards or towns hips included in whole or in part in such part of a city or part of a county forming the whole or a part of such district. Party state committees may provide for voting by proxy and may provide for weighted or fractional voting.] The congressional, senatorial, or judicial committee of a district which is composed of: (1) One or more whole counties; or (2) One or more whole counties and part of one or more counties; shall consist of the county committee chair and vice-chair of each county within the district and the committeeman and committeewoman of each legislative district committee within the district. 3. The congressional, senatorial, or judicial committee of a district which consists of: (1) Part of one county; (2) Part of a city not within the county; (3) A whole city not within a county; or (4) Part of a city not within a county and parts of one or more counties; shall consist of the committeemen and committeewomen of the precinct, ward, or township included in whole or in part of the district and the chair and vice chair of each legislative district committee within the district. 4. A person shall only be elected chair or vice chair of a congressional, senatorial, or judicial dis trict committee for a district in which that person is legally permitted to vote on election day. In no event shall any person serve as a chair or vice chair for more than one congressional, senatorial, or judicial district committee. In the event that no person is eligible to serve as chair or vice chair of a committee becaus e he or she is not legally permitted to vote in such district on election day, the provisions of this subsection shall not apply and the respective state committee shall grant a waiver to the committee from the requirements of this subsection. 5. In no event shall any member of a congressional, senatorial, or judicial district committee represent more than one precinct, ward or township on any congressional, senatorial, or judicial district committee."; and
Further amend said bill, Page 6, Section 115.621, Line 2, by deleting the word, "first" and inserting in lieu thereof the word, "second"; and
Further amend said page, and section, Line 13, by deleting the word, "third" and inserting in lieu thereof the word, "fifth"; and Thirty-ninth Day–Tuesday, March 17, 2015 1011
Further amend said section, Page 7, Line 23, by deleting the words, "[third Wednesday] second" and inserting in lieu thereof the words, "third [Wednesday]"; and
Further amend said section, page, Line 51, by deleting the word, "fifth" and inserting in lieu thereof the word, "sixth"; and
Further amend s aid bill, Page 8, Section 115.615, Lines 1 to 13, by removing all of said section from the bill; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Mr. Speaker: Your Committee on Elections, to which was referred HB 1039, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(13) be referred to the Select Committee on State and Local Governments.
Committee on Elementary and Secondary Education, Chairman Swan reporting:
Mr. Speaker: Your Committee on Elementary and Secondary Education, to which was referred HB 382, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment No. 1, and pursuant to Rule 27(5) be referred to the Select Committee on Education.
House Committee Amendment No. 1
AMEND House Bill No. 382, Pages 1-3, Section 167.266, Lines 1-65, by deleting all of s aid lines and inserting in lieu thereof the following:
"167.266. 1. Beginning with 2015-2016 school year, the board of education of a school district or the local education agency of a charter school may establish an academic and career counseling program in cooperation with parents and the local community that is in the best interest of and meets the needs of students in the community. School districts and local education agencies may us e the Missouri comprehensive guidance and counseling program as a resource for the development of a district or local education agency's program. The department of elementary and secondary education shall develop a process for recognition of a school district's academic and career counseling program established in cooperation with parents and the local community no later than January 1, 2016."; and
Further amend said bill and section by renumbering subsections accordingly;
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Mr. Speaker: Your Committee on Elementary and Secondary Education, to which was referred HB 565, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment No. 1, House Committee Amendment No. 2, House Committee Amendment No. 3 and House Committee Amendment No. 4, and pursuant to Rule 27(5) be referred to the Select Committee on Education.
House Committee Amendment No. 1
AMEND Hous e Bill No. 565, Page 4, Section 161.1013, Lines 34-38, by deleting all of said lines; and inserting in lieu thereof the following:
"2. Additional criteria developed by the department shall be used to evaluate providers and may include nationally recognized third-party quality standards."; and 1012 Journal of the House
Further amend said bill and page, Section 161.1014, Lines 11-15, by deleting all of said lines and inserting in lieu thereof the following:
"(4) Be designed and implemented consistently with criteria established by the department and nationally recognized third-party quality standards."; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
House Committee Amendment No. 2
AMEND House Bill No. 565, Page 2, Section 161.1011, Lines 3 to 13, by deleting all of said lines and inserting in lieu thereof the following:
"courses that are funded by the program up to a maximum of seven credit hours per semester. 2. The families of eligible funded students and other eligible participating students may pay to enroll in state course access program courses above the maximum seven-credit hour limit specified in"; and
Further amend said title, enacting clause and intersectional references accordingly.
House Committee Amendment No. 3
AMEND House Bill No. 565, Page 8, Section 161.1019, Lines 5 to 10, by deleting all of said lines and ins erting in lieu thereof the following:
"into account prices for similar levels of service in other jurisdictions. Funding for courses in which s tudents are enrolled shall be made by the department to the local education agency where the s tudent is enrolled full time; within ninety days of receiving funding from the department, the local education agency shall remit appropriate payment to the authorized course provider; (2) The course provider shall receive payment from the local education agency only for the courses in which an eligible funded student is enrolled; the remaining funds received from the department by the local education agency shall remain with the local education agency in which the student is enrolled full time;"; and
Further amend said title, enacting clause and intersectional references accordingly.
House Committee Amendment No. 4
AMEND House Bill No. 565, Page 2, Section 161.1011, Line 2, by deleting all of said line and inserting in lieu thereof the following:
"program courses with the approval of such student's guidance counselor, as provided under subsection 2 of this section. An eligible funded student may enroll in state course access program"; and
Further amend said bill, Page 2, Section 161.1011, Line 11, by inserting after all of said line the following:
"2. Prior to enrolling in any state course access program course, a student s hall first receive approval from his or her guidance counselor. Guidance counselors shall approve or disapprove a student's request to enroll based on the counselor's assessment of whether participation in the program and enrollment in a particular course is in the student's best interest. The department shall develop a procedure under which a student may appeal the decision of a guidance counselor made under the provisions of this section."; and
Further amend said bill, Page 2, Section 161.1022, Line 12, by deleting "2." and inserting in lieu thereof "3."; and
Further amend said bill, Page 2, Section 161.1022, Line 15, by deleting "3." and ins erting in lieu thereof "4."; and Thirty-ninth Day–Tuesday, March 17, 2015 1013
Further amend said bill, Page 2, Section 161.1022, Line 20, by deleting "4." and inserting in lieu thereof "5."; and
Further amend said title, enacting clause and intersectional references accordingly.
Mr. Speaker: Your Committee on Elementary and Secondary Education, to which was referred HB 921, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(5) be referred to the Select Committee on Education.
Committee on Emerging Issues, Chairman Haahr reporting:
Mr. Speaker: Your Committee on Emerging Issues, to which was referred HCR 38, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(7) be referred to the Select Committee on General Laws.
Mr. Speaker: Your Committee on Emerging Issues, to which was referred HB 273, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(7) be referred to the Select Committee on General Laws.
Mr. Speaker: Your Committee on Emerging Issues, to which was referred HB 1063, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(7) be referred to the Select Committee on General Laws.
Committee on Energy and the Environment, Chairman Miller reporting:
Mr. Speaker: Your Committee on Energy and the Environment, to which was referred HB 481, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment No. 1, House Committee Amendment No. 2 and House Committee Amendment No. 3, and pursuant to Rule 27(14) be referred to the Select Committee on Utilities.
House Committee Amendment No. 1
AMEND House Bill No. 481, Page 6, Section 386.890, Line 186, by inserting after the word "structure." the following:
"Commencing with each retail electric supplier's first general rate case filed after January 1, 2016, the commission shall establish a separate rate class for net metered customers, shall apportion to that rate class a fair share of the retail electric supplier's fixed operating costs, and shall authorize the retail electric supplier to recover all of those fixed operating costs through a monthly access charge applicable to each customer in the net metered rate class. Costs that a retail electric supplier incurs under this section that are not recovered through the fixed monthly customer charge shall be included in the revenue requirement that the commission uses to set base rates for electric service. For the purposes of this section, a net metered customer is on who uses a qualified electric energy generation unit that includes "net metering" capability, as defined in this section."; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly. 1014 Journal of the House
House Committee Amendment No. 2
AMEND House Bill No. 481, Page 2, Section 386.890, Line 28, by deleting all of said line and inserting in lieu thereof the following:
"(5) "Minimum bill", all charges on a customer's bill that are imposed on all customers within the same customer class or usage patter and not calculated on a"; and
Further amend said bill and section, Page 3, Lines 58-60, by deleting all of said lines and inserting in lieu thereof the following:
"be assigned if the customer were not an eligible customer-generator [but shall not] except that in order to ensure no eligible customer-generator shall be subsidized by customers who are not customer-generators and if approved by the commission for the commission-regulated supplier or by the respective governing body of the non-regulated suppliers, also may charge the customer-generator any additional standby, capacity, interconnection, or other fee or charge that [would not otherwise be charged if the customer were not an] is reasonably calculated to recover that portion of the fixed costs of the supplier and demand charges attributed to and necessary for providing service to the eligible customer generator; and"; and
Further amend said bill, page and section, Line 89, by deleting the opening bracket on said line; and
Further amend said bill and section, Page 4, Lines 91-93, by deleting all of said lines and inserting in lieu thereof the words "billing period;"; and
Further amend said bill and section, Page 5, Line 137, by inserting after the word "engineer" the words "approved by the retail electric supplier"; and
Further amend said bill and section, Page 6, Line 175, by inserting after the word "assembly" the words "as well as for purposes of compliance with any applicable federal law"; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
House Committee Amendment No. 3
AMEND House Bill No. 481, Page 1, Section 386.890, Lines 12-13, by deleting the brackets on said lines; and
Further amend s aid bill and section, Page 2, Lines 43-45, by deleting all of said lines and inserting in lieu thereof the following:
"[(7)] (9) "Retail electric supplier" or "supplier", any [municipal utility,] electrical corporation regulated under this chapter, [or] those rural electric [cooperative] cooperatives under chapter 394, and municipal utilities that serve ten thousand or more connected meters, that [provides] provide retail electric service in this state."; and
Further amend said bill and section, Page 4, Line 94, by deleting the opening bracket on said line; and
Further amend said bill, page and section, Line 96, by inserting after the word "supplier" the following:
", or in the alternative, at the election of the s upplier, net access may be accumulated over multiple billing periods except any accumulated net excess energy remaining in a customer-generator's account shall expire, without compensation, as of the earlier of the end of the March billing period of a twelve-month billing period or when the customer-generator discontinues service or terminates the net metering relationship with the supplier"; and
Further amend said bill, page and section, Lines 100-104, by deleting all of said lines and inserting in lieu thereof the words "the wholesale generator."; and Thirty-ninth Day–Tuesday, March 17, 2015 1015
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Mr. Speaker: Your Committee on Energy and the Environment, to which was referred HB 1001, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 27(11)(d) be referred to the Select Committee on Rules.
Mr. Speaker: Your Committee on Energy and the Environment, to which was referred HB 1084, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment No. 1, and pursuant to Rule 27(14) be referred to the Select Committee on Utilities.
House Committee Amendment No. 1
AMEND House Bill No. 1084, Page 1, Section 643.650, Line 1, by deleting the word "unit" and inserting in lieu thereof the word "source"; and
Further amend said bill, page, section and line, by inserting immediately before the word "sulfur" the words "one-hour"; and
Further amend said bill, page and section, Line 5, by deleting the word "unit" and inserting in lieu thereof the word "source"; and
Further amend said bill, page and section, Line 6, by deleting all of said line and inserting in lieu thereof the following:
"network shall be adequate to monitor the ambient air quality for sulfur dioxide surrounding the entire electric generating source and"; and
Further amend said bill, page and section, Line 7, by deleting the word "months" and inserting in lieu thereof the word "quarters"; and
Further amend said bill, page and section, Lines 8-10, by deleting all of said lines and inserting in lieu thereof the following:
"generating source shall notify the department of the manner in which it intends to characterize by either modeling or monitoring the air quality around such s ource. The location of any monitoring network installed by such electric generating source within a one-hour sulfur dioxide nonattainment area shall be approved by the department. 2. Affected sources located in undesignated areas that elect to use monitoring to evaluate ambient air quality shall be consulted by the department"; and
Further amend said bill, page and section, Lines 12-13, by deleting the words "a decision" and inserting in lieu thereof the words "its recommendation"; and
Further amend said bill, page and section, Line 14, by deleting the word "designations" and inserting in lieu thereof the words "designation process"; and
Further amend s aid bill and section, Pages 1-2, Lines 15-20, by deleting all of said lines and inserting in lieu thereof the following:
"affected sources under this section. Where affected sources have elected to monitor under this subsection, the department shall submit recommendations for the second phase designation process by the date set by a final, effective, and applicable Environmental Protection Agency requirement relating to state attainment designations, and not prior."; and 1016 Journal of the House
Further amend said bill and s ection, Page 2, Line 21, by deleting the number "2" and inserting in lieu thereof the number "3"; and
Further amend said bill, page and section, Line 22, by inserting immediately before the word "prior" the words "and under any agreement authorized under subsection 3 of this section"; and
Further amend said bill, page and section, Line 23, by deleting the words "permit"; and
Further amend said bill, page and section, Lines 24-39, by deleting all of said line and inserting in lieu thereof the following:
"or other requirement for purposes of the one-hour National Ambient Air Quality Standard for any electric generating source that has elected to install a monitoring network under this section, except: (1) The department may propose to the commission any sulfur dioxide limitations or emission reduction requirements specifically agreed to in any voluntary agreement entered into between the department and any owner of an electric generating source that has elected to install a monitoring network under this section; and (2) The department may propose to the commis sion any adjustments to the sulfur dioxide limitations or emission reduction requirements applicable to any electric generating s ource located in a non attainment area and subject to an agreement referenced in subsection 3 of this section, as justified by an ambient air quality analys is relying on no fewer than two quarters of monitored data collected through the monitoring network required in subsection 1 of this section and consistent with such agreement. 4. Nothing in this section shall prohibit the department from entering into an agreement with an owner of an electric generating s ource to limit or reduce sulfur dioxide emissions at such affected source that is below the source's permitted sulfur dioxide emission rate."; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Committee on Fiscal Review, Chairman Allen reporting:
Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS SS SCS SB 12, 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 SS#2 SCS SB 24, begs leave to report it has examined the same and recommends that it Do Pass.
Committee on Health and Mental Health Policy, Chairman Frederick reporting:
Mr. Speaker: Your Committee on Health and Mental Health Policy, to which was referred HB 672, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment No. 1 and House Committee Amendment No. 2, and pursuant to Rule 27(12) be referred to the Select Committee on Social Services.
House Committee Amendment No. 1
AMEND House Bill No. 672, Page 9, Section 208.152, Line 303, by inserting immediately after the word "services" the words "who have been certified as specifically trained"; and
Further amend said bill and section, Page 10, Line 304, by inserting immediately after the word "problems" the words "and provide s uch s ervices in a health care setting that has been accredited, certified, or designated as providing integrated behavioral health and general health care"; and Thirty-ninth Day–Tuesday, March 17, 2015 1017
Further amend said bill, section, and page, Line 307, by inserting immediately after the word "psychologists" the words "certified as specifically trained to provide such specialty services"; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
House Committee Amendment No. 2
AMEND Hous e Bill No. 672, Page 10, Section B, Lines 1 through 6, by deleting all of said section and lines from the bill; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Committee on Higher Education, Chairman Cookson reporting:
Mr. Speaker: Your Committee on Higher Education, to which was referred HB 464, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(5) be referred to the Select Committee on Education.
Mr. Speaker: Your Committee on Higher Education, to which was referred HB 982, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(5) be referred to the Select Committee on Education.
Committee on Local Government, Chairman Hinson reporting:
Mr. Speaker: Your Committee on Local Government, to which was referred HB 322, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(13) be referred to the Select Committee on State and Local Governments.
Mr. Speaker: Your Committee on Local Government, to which was referred HB 530, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment No. 1 and House Committee Amendment No. 2, and pursuant to Rule 27(13) be referred to the Select Committee on State and Local Governments.
House Committee Amendment No. 1
AMEND House Bill No. 530, Page 2, Section 321.017, Line 8, by inserting immediately after all of said line the following:
"321.130. [1.] A person, to be qualified to serve as a director, shall be a resident and voter of the district for at least one year before the election or appointment and be over the age of twenty-five years [; except as provided in subsections 2 and 3 of this section. The person shall also be a resident of such fire protection district]. In the event the person is no longer a resident of the district, the person's office shall be vacated, and the vacancy shall be filled as provided in section 321.200. Nominations and declarations of candidacy shall be filed at the headquarters of the fire protection district by paying a [ten dollar] filing fee equal to the amount of a candidate for county office as set forth under section 115.357, and filing a statement under oath that such person possesses the required qualifications. [2. In any fire protection district located in more than one county one of which is a first class county without a charter form of government having a population of more than one hundred ninety-eight thousand and not adjoining any other first class county or located wholly within a first class county as described herein, a resident shall have been a resident of the district for more than one year to be qualified to serve as a director. 3. In any fire protection district located in a county of the third or fourth classification, a person to be qualified to serve as a director shall be over the age of twenty-five years and shall be a voter of the district for more 1018 Journal of the House than one year before the election or appointment, except that for the first board of directors in such district, a person need only be a voter of the district for one year before the election or appointment. 4. A person desiring to become a candidate for the first board of directors of the proposed district shall pay the sum of five dollars as a filing fee to the treasurer of the county and shall file with the election authority a statement under oath that such person possesses all of the qualifications set out in this chapter for a director of a fire protection district.] Thereafter, such candidate shall have the candidate's name placed on the ballot as a candidate for director. 321.210. On the first Tuesday in April after the expiration of at least two full calendar years from the date of the election of the first board of directors, and on the first Tuesday in April every two years thereafter, an election for members of the board of directors shall be held in the district. Nominations shall be filed at the headquarters of the fire protection district in which a majority of the district is located by paying a filing fee [up] equal to the amount of a candidate for [state representative] county office as set forth under section 115.357 and filing a statement under oath that [he] the candidate possesses the required qualifications. The candidate receiving the most votes shall be elected. Any new member of the board shall qualify in the same manner as the members of the first board qualify."; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
House Committee Amendment No. 2
AMEND House Bill No. 530, Page 2, Section 190.055, Line 33, by inserting after the word "board" the following:
"unless such employment is on a volunteer basis or without compensation"; and
Further amend said page, Section 321.01, Line 8, by inserting immediately after the word "board" the following:
"unless such employment is on a volunteer basis or without compensation"; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Mr. Speaker: Your Committee on Local Government, to which was referred HB 616, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 27(11)(d) be referred to the Select Committee on Rules.
Mr. Speaker: Your Committee on Local Government, to which was referred HB 741, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(13) be referred to the Select Committee on State and Local Governments.
Mr. Speaker: Your Committee on Local Government, to which was referred HB 812, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(13) be referred to the Select Committee on State and Local Governments.
Mr. Speaker: Your Committee on Local Government, to which was referred HB 981, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(13) be referred to the Select Committee on State and Local Governments.
Mr. Speaker: Your Committee on Local Government, to which was referred HB 994, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment No. 1, and pursuant to Rule 27(13) be referred to the Select Committee on State and Local Governments. Thirty-ninth Day–Tuesday, March 17, 2015 1019
House Committee Amendment No. 1
AMEND House Bill No. 994, Page 1, Section 29.230, Line 8, by deleting all of said line and inserting in lieu thereof the following:
"and such petition is submitted to the state auditor within one year from requesting the petition from the state auditor and is"; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Mr. Speaker: Your Committee on Local Government, to which was referred HB 1053, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 27(11)(d) be referred to the Select Committee on Rules.
Committee on Pensions, Chairman Walker reporting:
Mr. Speaker: Your Committee on Pensions, to which was referred HB 630, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(6) be referred to the Select Committee on Financial Institutions and Taxation.
Mr. Speaker: Your Committee on Pensions, to which was referred HB 940, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(6) be referred to the Select Committee on Financial Institutions and Taxation.
Committee on Property, Casualty, and Life Insurance, Chairman Shull reporting:
Mr. Speaker: Your Committee on Property, Casualty, and Life Insurance, to which was referred HB 1022, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(8) be referred to the Select Committee on Insurance.
Committee on Public Safety and Emergency Preparedness, Chairman Rhoads reporting:
Mr. Speaker: Your Committee on Public Safety and Emergency Preparedness, to which was referred HB 218, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(13) be referred to the Select Committee on State and Local Governments.
Mr. Speaker: Your Committee on Public Safety and Emergency Preparedness, to which was referred HB 538, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment No. 1, and pursuant to Rule 27(13) be referred to the Select Committee on State and Local Governments.
House Committee Amendment No. 1
AMEND Hous e Bill No. 538, Page 1, Section 195.206, Lines 2-4, by deleting all of said lines and inserting in lieu thereof the following:
"(1) "Opioid antagonist", any intranasal naloxone that binds to opioid receptors and blocks or disinhibits the effects of opioids acting on those receptors;"; and 1020 Journal of the House
Further amend said page and section, Lines 10-16, by deleting all of said lines and inserting in lieu thereof the following:
"2. Notwithstanding any other law or regulation to the contrary, any licensed pharmacist or pharmacy technician in Missouri may sell and dispense an opioid antagonist under physician protocol to any person who is at least eighteen years of age with a valid Missouri identification card or driver license. The licens ed pharmacist or pharmacy technician shall record the date of sale, the identification number of the dispensed drug, and the name, address, and date of birth of the person receiving the opioid antagonist."; and
Further amend said section, Page 2, Lines 17-18, by deleting all of said lines and inserting in lieu thereof the following:
"3. A licensed pharmacist or pharmacy technician who, acting in good faith and with reasonable care, sells or dispens es an opioid antagonist and appropriate device to administer the drug and the protocol physician"; and
Further amend said page and section, Line 24, by inserting immediately after the number "5." the following:
"Any person who administers an opioid antagonist to another person shall, immediately after administrating the drug, contact emergency personnel."; and
Further amend said page, Section 338.205, Line 1, by inserting immediately after the number "338.205." the number "1."; and
Further amend said page and section, Line 6, by inserting immediately after said line the following:
"2. As used in this section, the term "opioid antagonist" shall mean any intranasal naloxone that binds to opioid receptors and blocks or disinhibits the effects of opioids acting on those receptors."; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Mr. Speaker: Your Committee on Public Safety and Emergency Preparedness, to which was referred HB 539, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment No. 1, and pursuant to Rule 27(13) be referred to the Select Committee on State and Local Governments.
House Committee Amendment No. 1
AMEND House Bill No. 539, Page 2, Section 195.205, Lines 25-28, by deleting all of said lines; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Mr. Speaker: Your Committee on Public Safety and Emergency Preparedness, to which was referred HB 702, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(13) be referred to the Select Committee on State and Local Governments.
Mr. Speaker: Your Committee on Public Safety and Emergency Preparedness, to which was referred HB 836, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 27(11)(d) be referred to the Select Committee on Rules. Thirty-ninth Day–Tuesday, March 17, 2015 1021
Committee on Transportation, Chairman Kolkmeyer reporting:
Mr. Speaker: Your Committee on Transportation, to which was referred HB 134, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 27(11)(d) be referred to the Select Committee on Rules.
Mr. Speaker: Your Committee on Transportation, to which was referred HB 164, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(13) be referred to the Select Committee on State and Local Governments.
Mr. Speaker: Your Committee on Transportation, to which was referred HB 338, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 27(11)(d) be referred to the Select Committee on Rules.
Mr. Speaker: Your Committee on Transportation, to which was referred HB 536, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(13) be referred to the Select Committee on State and Local Governments.
Mr. Speaker: Your Committee on Transportation, to which was referred HB 810, begs leave to report it has examined the same and recommends that it Do Pass by Consent with House Committee Amendment No. 1, and pursuant to Rule 27(11)(d) be referred to the Select Committee on Rules.
House Committee Amendment No. 1
AMEND House Bill No. 810, Page 1, Section 227.526, Line 1, by deleting the words "Wood River Road in Miller County" and inserting in lieu thereof the following:
"the Grand Glaize Bridge in Camden County."; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Mr. Speaker: Your Committee on Transportation, to which was referred HB 869, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 27(11)(d) be referred to the Select Committee on Rules.
Mr. Speaker: Your Committee on Transportation, to which was referred HB 1002, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment No. 1, House Committee Amendment No. 2 and House Committee Amendment No. 3, and pursuant to Rule 27(13) be referred to the Select Committee on State and Local Governments.
House Committee Amendment No. 1
AMEND House Bill No. 1002, Page 1, Section 301.140, Line 9, by deleting "days." and inserting in lieu therefore the following:
"days, or no more than ninety days if the dealer is selling the motor vehicle under the provisions of section 301.213."; and 1022 Journal of the House
Further amend s aid bill and section, Page 2, Line 35, by deleting "days" and inserting in lieu thereof the following:
"days, or no more than ninety days if issued by a dealer selling the motor vehicle under the provisions of section 301.213,"; and
Further amend said bill and section, Page 3, Line 61, by deleting "days" and inserting in lieu thereof the following:
"days, or no more than ninety days if issued by a dealer s elling the motor vehicle under the provisions of section 301.213,"; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
House Committee Amendment No. 2
AMEND House Bill No. 1002, Page 13, Section 301.213, Lines 110-112, by deleting all of said lines and inserting in lieu thereof the following:
"8. When a lienholder is damaged as a res ult of a dealer's acts, errors, omissions, or violations of this section, then the dealer shall be liable to the lienholder for actual damages, plus court costs and reas onable attorney fees."; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
House Committee Amendment No. 3
AMEND House Bill No. 1002, Page 11, Section 301.213, Line 58, by inserting immediately after the word "record." the following:
"However, the purchas er may use the dealer-supplied copy of the agreement to transfer his or her ownership of the vehicle to an insurance company in s ituations where the vehicle has been declared salvage or a total-loss by the insurance company as a result of a settlement or claim."; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Committee on Veterans, Chairman Davis reporting:
Mr. Speaker: Your Committee on Veterans, to which was referred HR 910, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 27(12) be referred to the Select Committee on Social Services.
Select Committee on Agriculture, Chairman Reiboldt reporting:
Mr. Speaker: Your Select Committee on Agriculture, to which was referred HCR 35, begs leave to report it has examined the same and recommends that it Do Pass.
Mr. Speaker: Your Select Committee on Agriculture, to which was referred HB 882, with House Committee Amendment No. 1, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Substitute. Thirty-ninth Day–Tuesday, March 17, 2015 1023
Select Committee on Commerce, Chairman Zerr reporting:
Mr. Speaker: Your Select Committee on Commerce, to which was referred SS SCS SB 149, with House Committee Amendment No. 1, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Substitute.
REFERRAL OF HOUSE BILLS
The following House Bills were referred to the Committee indicated:
HB 246 - Ways and Means HB 735 - Health and Mental Health Policy HB 1013 - Health Insurance HB 1114 - Property, Casualty, and Life Insurance HB 1117 - Local Government HB 1118 - Local Government HB 1124 - Civil and Criminal Proceedings HB 1137 - Public Safety and Emergency Preparedness HB 1151 - Banking HB 1153 - Health and Mental Health Policy HB 1176 - Civil and Criminal Proceedings HB 1180 - Elections HB 1190 - Health and Mental Health Policy HB 1191 - Elections HB 1196 - Small Business HB 1204 - Elections HB 1205 - Pensions HB 1213 - Professional Registration and Licensing HB 1216 - Transportation HB 1221 - Local Government HB 1226 - Conservation and Natural Resources HB 1227 - Employment Security HB 1243 - Health Insurance HB 1247 - Emerging Issues HB 1253 - Agriculture Policy HB 1262 - Emerging Issues in Education HB 1265 - Government Oversight and Accountability HB 1283 - Children and Families HB 1285 - Workforce Standards and Development HB 1286 - Children and Families HB 1291 - Ways and Means HB 1296 - Ways and Means HB 1306 - Ways and Means HB 1307 - Children and Families HB 1313 - Trade and Tourism HB 1315 - Health and Mental Health Policy HB 1316 - Elections 1024 Journal of the House
HB 1319 - Professional Registration and Licensing HB 1323 - Local Government HB 1330 - Emerging Issues HB 1346 - Local Government HB 1356 - Consumer Affairs HB 1357 - Consumer Affairs HB 1361 - Workforce Standards and Development
REFERRAL OF SENATE BILLS
The following Senate Bills were referred to the Committee indicated:
HCS SS SCS SB 149 - Fiscal Review SS SCS SB 5 - Civil and Criminal Proceedings
ADVANCEMENT OF HOUSE BILLS - CONSENT
Pursuant to Rule 48, the following bills, having remained on the House Consent Calendar for Perfection for five legislative days, were ordered perfected and printed by consent with all committee amendments thereto adopted and perfected by consent: HB 108, HB 133, HB 650, HB 778 and HB 861.
MESSAGES FROM THE SENATE
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HCS HB 16.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SB 58 entitled:
An act to repeal sections 8.597, 21.440, 21.445, 21.450, 21.455, 21.460, 21.465, 21.530, 21.535, 21.537, 21.830, 21.835, 21.850, 21.920, 30.953, 30.954, 30.956, 30.959, 30.962, 30.965, 30.968, 30.971, 33.150, 33.710, 33.850, 37.250, 43.518, 99.863, 99.971, 99.1057, 160.530, 167.195, 191.828, 191.934, 192.632, 215.261, 215.262, 217.550, 217.567, 313.001, 320.092, 338.321, 348.439, 361.120, and 630.010, RSMo, and section 105.955 as enacted by senate bill no. 844, ninety-fifth general assembly, second regular session, and to enact in lieu thereof eleven new sections relating to the existence of certain committees.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 152 entitled:
An act to repeal sections 29.380, 260.200, 260.225, 260.235, 260.250, 260.320, 260.325, 260.330, 260.335, and 260.345, RSMo, and to enact in lieu thereof eleven new sections relating to solid waste.
In which the concurrence of the House is respectfully requested. Thirty-ninth Day–Tuesday, March 17, 2015 1025
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 164 entitled:
An act to repeal section 513.430, RSMo, and to enact in lieu thereof one new section relating to the exemption from attachment and execution of matured life insurance proceeds.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 216 entitled:
An act to repeal sections 515.240, 515.250, and 515.260, RSMo, and to enact in lieu thereof thirty-four new sections relating to commercial receiverships.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 224 entitled:
An act to repeal section 160.545, RSMo, and to enact in lieu thereof one new section relating to eligibility criteria for reimbursements from the A+ schools program, with an emergency clause.
Emergency clause adopted.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 326 entitled:
An act to repeal section 50.622, RSMo, and to enact in lieu thereof one new section relating to the authority for counties to decrease their budgets.
In which the concurrence of the House is respectfully requested. 1026 Journal of the House
COMMUNICATIONS
March 16, 2015
The Honorable John J. Diehl, Jr. Speaker of the Missouri House of Representatives 201 West Capitol Avenue, Room 308 Jefferson City, Missouri 65101
Dear Mr. Speaker,
Pursuant to Rule 25(2)(e), the following Caucus was approved on March 16, 2015:
House Port Caucus
Please publish this letter in the Journal of the House, along with the attached roster of appointed members.
Sincerely,
/s/ Mike Leara, Chair Committee on Administration and Accounts
HOUSE PORT CAUCUS MEMBERS
Representative District Becky Ruth, Chair* 114 Dan Shaul 113 John McCaherty 97 Elaine Gannon 115 Don Rone 149 Craig Redmon, Vice Chair* 4 Kevin Engler 116 Kathy Swan 147 T.J. Berry 38 Bart Korman 42
*Until such time that caucus election is held. Thirty-ninth Day–Tuesday, March 17, 2015 1027
March 17, 2015
The Honorable John J. Diehl, Jr. Speaker of the Missouri House of Representatives 201 West Capitol Avenue, Room 308 Jefferson City, Missouri 65101
Dear Mr. Speaker,
Pursuant to Rule 25(2)(e), the following Caucus was approved on March 16, 2015:
Missouri Legislative Black Caucus
Please publish this letter in the Journal of the House, along with the attached roster of appointed members.
Sincerely,
/s/ Mike Leara, Chair Committee on Administration and Accounts
MISSOURI LEGISLATIVE BLACK CAUCUS
Representative District Brandon Ellington, Chair 22 Karla May, Vice Chair 84 Kimberly Gardner 77 Clem Smith 85 Gail McCann Beatty 26 Shamed Dogan 98 Courtney Curtis 73 Randy Dunn 23 Rochelle Walton Gray 75 Penny Hubbard 78 Bonnaye Mims 27 Sharon Pace 74 Tommie Pierson 66 Michael Butler 79 Alan Green 67 Joe Adams 86
Senator District Maria Chappelle-Nadal 14 Shalonn “Kiki” Curls 9 Jamilah Nasheed 5
ADJOURNMENT
On motion of Representative Hummel, the House adjourned until 10:00 a.m., Wednesday, March 18, 2015. 1028 Journal of the House
COMMITTEE HEARINGS
CIVIL AND CRIMINAL PROCEEDINGS Wednesday, March 18, 2015, 12:00 PM, House Hearing Room 1. Public hearing will be held: HB 209, HB 292, HB 576, HB 607, HB 697, HB 1006 Executive session may be held on any matter referred to the committee. AMENDED
CONSERVATION AND NATURAL RESOURCES Thursday, March 19, 2015, 8:00 AM, House Hearing Room 2. Executive session will be held: HB 1058, HB 710, HB 955 Executive session may be held on any matter referred to the committee.
CORRECTIONS Wednesday, March 18, 2015, 8:00 AM, House Hearing Room 5. Public hearing will be held: HB 344 Executive session will be held: HB 356 Executive session may be held on any matter referred to the committee.
ECONOMIC DEVELOPMENT AND BUSINESS ATTRACTION AND RETENTION Wednesday, March 18, 2015, 8:00 AM, House Hearing Room 6. Public hearing will be held: HB 568, HB 803, HB 1122, HB 1305, HB 1312 Executive session will be held: HB 520, HB 627, HB 892, HB 1070 Executive session may be held on any matter referred to the committee. CORRECTED
ELEMENTARY AND SECONDARY EDUCATION Wednesday, March 18, 2015, Upon Conclusion of Afternoon Session, House Hearing Room 3. Public hearing will be held: HJR 6 Executive session will be held: HB 383, HB 1054, HB 1023, HB 1110 Executive session may be held on any matter referred to the committee.
EMERGING ISSUES Wednesday, March 18, 2015, 1:00 PM, House Hearing Room 5. Public hearing will be held: HB 757, HB 1074, HB 1024, HB 1138, HB 79, HB 939 Executive session may be held on any matter referred to the committee.
EMERGING ISSUES IN EDUCATION Wednesday, March 18, 2015, 9:45 AM, House Hearing Room 3. Executive session will be held: HB 1127 Executive session may be held on any matter referred to the committee. CORRECTED
EMPLOYMENT SECURITY Wednesday, March 18, 2015, 8:30 AM, House Hearing Room 7. Public hearing will be held: HB 1193 Executive session may be held on any matter referred to the committee. Thirty-ninth Day–Tuesday, March 17, 2015 1029
FISCAL REVIEW Wednesday, March 18, 2015, 9:30 AM, South Gallery. Executive session may be held on any matter referred to the committee.
FISCAL REVIEW Thursday, March 19, 2015, 9:30 AM, South Gallery. Executive session may be held on any matter referred to the committee.
GOVERNMENT EFFICIENCY Thursday, March 19, 2015, Upon Adjournment, South Gallery. Executive session will be held: HJR 38 Executive session may be held on any matter referred to the committee.
HEALTH AND MENTAL HEALTH POLICY Wednesday, March 18, 2015, Upon Conclusion of Morning Session, House Hearing Room 6. Public hearing will be held: HB 867 Executive session may be held on any matter referred to the committee. AMENDED
HEALTH INSURANCE Wednesday, March 18, 2015, 8:00 AM, House Hearing Room 4. Public hearing will be held: HB 1081, HB 816 Executive session will be held: HB 198, HB 780, HB 527 Executive session may be held on any matter referred to the committee.
PENSIONS Wednesday, March 18, 2015, Upon Conclusion of Morning Session, South Gallery. Executive session will be held: HB 1085, HB 1086, HB 1087, HB 1134 Executive session may be held on any matter referred to the committee.
SELECT COMMITTEE ON BUDGET Wednesday, March 18, 2015, 8:15 AM, House Hearing Room 3. Public hearing will be held: HB 14 Executive session may be held on any matter referred to the committee.
SELECT COMMITTEE ON BUDGET Thursday, March 19, 2015, 8:15 AM, House Hearing Room 3. Public hearing will be held: HB 760 Executive session may be held on any matter referred to the committee.
SELECT COMMITTEE ON COMMERCE Wednesday, March 18, 2015, Upon Conclusion of Afternoon Session, House Hearing Room 7. Executive session will be held: HB 830, HB 918, HB 540, HB 676 Executive session may be held on any matter referred to the committee. 1030 Journal of the House
SELECT COMMITTEE ON EDUCATION Thursday, March 19, 2015, 8:00 AM, House Hearing Room 5. Executive session will be held: HB 550, HB 982, HB 405, HB 381, HB 476, HB 637, HB 457 Executive session may be held on any matter referred to the committee.
SELECT COMMITTEE ON FINANCIAL INSTITUTIONS AND TAXATION Thursday, March 19, 2015, 8:00 AM, House Hearing Room 7. Executive session will be held: HB 811, HB 117, HB 321, HB 770, HB 1064, HB 926 Executive session may be held on any matter referred to the committee.
SELECT COMMITTEE ON INSURANCE Thursday, March 19, 2015, 8:00 AM, House Hearing Room 4. Executive session will be held: HB 781, HB 1022 Executive session may be held on any matter referred to the committee.
SELECT COMMITTEE ON JUDICIARY Wednesday, March 18, 2015, 5:00 PM, House Hearing Room 1. Executive session will be held: HB 258, HB 807, HB 254 Executive session may be held on any matter referred to the committee. AMENDED
SELECT COMMITTEE ON RULES Wednesday, March 18, 2015, 5:00 PM, House Hearing Room 5. Executive session will be held: HB 501, HB 567, HB 616, HB 740, HB 751, HB 799, HB 836, HB 875, HB 947, HB 979, HB 1001, HB 1052, HB 1053, HB 1098 Executive session may be held on any matter referred to the committee. Consideration of all consent bills reported to the committee
SELECT COMMITTEE ON RULES Thursday, March 19, 2015, 9:15 AM, House Hearing Room 3. Executive session may be held on any matter referred to the committee. Consideration of all consent bills reported to the committee
SELECT COMMITTEE ON STATE AND LOCAL GOVERNMENTS Thursday, March 19, 2015, 8:00 AM, House Hearing Room 1. Executive session will be held: HB 35, HB 110, HB 229, HB 761, HB 296, HB 210, HB 776 Executive session may be held on any matter referred to the committee.
SELECT COMMITTEE ON UTILITIES Thursday, March 19, 2015, 9:00 AM, House Hearing Room 6. Executive session will be held: HB 1084 Executive session may be held on any matter referred to the committee. Thirty-ninth Day–Tuesday, March 17, 2015 1031
SMALL BUSINESS Wednesday, March 18, 2015, 12:30 PM or 30 minutes Following Morning Recess, House Hearing Room 7. Public hearing will be held: HB 1158 Executive session will be held: HB 165, HB 682 Executive session may be held on any matter referred to the committee.
SPECIAL COMMITTEE ON URBAN ISSUES Wednesday, March 18, 2015, Upon Conclusion of Morning Session, House Hearing Room 3. Executive session may be held on any matter referred to the committee. Informational hearing with Department of Public Safety officials to discuss the Department of Justice report.
TRADE AND TOURISM Wednesday, March 18, 2015, 8:00 AM, House Hearing Room 1. Public hearing will be held: HB 1076, HB 1119, HB 1116, HB 1125 Executive session may be held on any matter referred to the committee. AMENDED
UTILITY INFRASTRUCTURE Wednesday, March 18, 2015, 5:00 PM or Upon Adjournment, whichever is later, House Hearing Room 6. Public hearing will be held: HB 728, HB 956 Executive session may be held on any matter referred to the committee.
HOUSE CALENDAR
FORTIETH DAY, WEDNESDAY, MARCH 18, 2015
HOUSE JOINT RESOLUTIONS FOR PERFECTION
HCS HJR 34 - Burlison
HOUSE BILLS FOR PERFECTION
HCS HB 138 - Reiboldt HCS HB 587 - Dugger HCS HB 181 - Haahr HCS HB 497 - Austin HCS HB 299 - Hoskins HB 410 - Kelley HCS HB 478 - Fitzwater (144) HCS HB 203 - Curtman HB 341 - Dugger HB 440 - Koenig HB 502 - Kelley HCS HBS 517 & 754 - Higdon 1032 Journal of the House
HB 556, HCA 1 - Wood HCS HBS 578, 574, & 584 - Swan HCS HB 635 - Burlison HCS HB 766 - Jones
HOUSE BILLS FOR PERFECTION - CONSENT
(03/17/2015)
HB 34 - Walker HB 326 - Leara HB 515 - Leara HB 522 - Cookson HB 629 - Leara HB 686 - Hinson HB 775 - Fitzwater (144) HB 859 - Dunn HB 873 - Johnson HB 874 - Remole
HOUSE BILLS FOR THIRD READING
HB 582 - Curtis HCS HB 513, (Fiscal Review 3/4/15) - McCaherty HCS HB 613 - Crawford HCS HB 119, E.C. - Lichtenegger HB 152 - Haahr HCS HB 33 - Walker HB 276 - Cornejo HCS HB 95 - Miller
HOUSE BILLS FOR THIRD READING - CONSENT
HB 269 - Miller HB 758 - Rowland HB 403 - Phillips HB 401 - Fraker HB 108 - McCaherty HB 133 - Rowland HB 650 - Cornejo HB 778 - Ruth HB 861 - Fitzwater (49) Thirty-ninth Day–Tuesday, March 17, 2015 1033
SENATE BILLS FOR SECOND READING
SS SB 58 SCS SB 152 SB 164 SB 216 SCS SB 224 SCS SB 326
SENATE BILLS FOR THIRD READING
HCS SS SCS SB 12 - Reiboldt HCS SS#2 SCS SB 24 - Franklin SS#2 SCS SB 11 - Barnes HCS SS SCS SB 149, (Fiscal Review 3/17/15) - Austin
SENATE CONCURRENT RESOLUTIONS FOR THIRD READING
SCR 3 - Miller SCR 7 - Davis
HOUSE BILLS WITH SENATE AMENDMENTS
SS SCS HCS#2 HB 63, E.C. - Dugger 1034 Journal of the House
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