Journal of the House
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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