JOURNAL OF THE HOUSE First Regular Session, 98th GENERAL ASSEMBLY SIXTH DAY, THURSDAY, JANUARY 15, 2015 The House met pursuant to adjournment. Speaker Diehl in the Chair. Prayer by Msgr. Robert A. Kurwicki, Chaplain. I will say of the Lord, He is my refuge and my fortress: my God; in Him will I trust. (Psalm 91:2) O God of us all, we come to You with joyful hearts and reverent minds realizing that this is a great time in which to be alive. Your Spirit helps us to live with high hopes, fruitful faith, and glorious goals that we may move onward and forward to a greater state and a better country. Strengthen our faith in You that when differences come we shall not fail, when difficulties burst upon us we shall not falter, and when diffidence rolls over us we shall not allow ourselves to give way to frustration or give up to futility. Let us say and believe You are our refuge and strength; in You will we trust. Help us to have the courage to stand up for the rights of all, for the freedom of all, and for the good of all. May we so think and speak and act that Your blessing may be upon us this day and all our days. And the House says, "Amen!" The Pledge of Allegiance to the flag was recited. The Journal of the fifth day was approved as printed. HOUSE RESOLUTION Representative Moon offered House Resolution No. 99. HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED House Resolution No. 66 through House Resolution No. 98 House Resolution No. 100 through House Resolution No. 104 SECOND READING OF HOUSE BILLS The following House Bills were read the second time: HB 505, relating to the Plastic Bag Reduction Act. HB 506, relating to the tax credit for wine production. 167 168 Journal of the House HB 507, relating to special license plates. HB 508, relating to museums. HB 509, relating to ethics. HB 510, relating to child-care facilities. HB 511, relating to annexation. HB 512, relating to the Civil Litigation Funding Act. HB 513, relating to business filing fees collected by the Secretary of State. HB 514, relating to tax increment financing. HB 515, relating to police retirement systems. HB 516, relating to property insurance. HB 517, relating to the imposition of sales tax on mandatory gratuities. HB 518, relating to fee collection. HB 519, relating to administrative leave for state employees. HB 520, relating to the Science, Technology, Engineering and Mathematics Fund. HB 521, relating to midwifery. HB 522, relating to the designation of a highway. HOUSE RESOLUTIONS HCS HR 35, relating to the Rules of the House of Representatives, was taken up by Representative Richardson. Representative Richardson offered House Amendment No. 1. House Amendment No. 1 AMEND House Committee Substitute for House Resolution No. 35, Page 10, Rule 25, Lines 36 through 42, by deleting all of said lines and inserting in lieu thereof the following: "(5) The Committee on Appropriations - Elementary and Secondary Education. The Committee on Appropriations - Elementary and Secondary Education shall report to the Budget Committee upon all bills, measures, and questions referred to it by the [Budget Committee] Speaker of the House pertaining to the appropriations and Sixth Day–Thursday, January 15, 2015 169 disbursements of public money for the funding of the Department of Elementary and Secondary Education [and the Department of Higher Education]."; and Further amend said Rule, Page 11, Line 20, by deleting the words "Budget Committee" and inserting in lieu thereof the words "[Budget Committee] Speaker of the House"; and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly. On motion of Representative Richardson, House Amendment No. 1 was adopted. Representative Rizzo offered House Amendment No. 2. House Amendment No. 2 AMEND House Committee Substitute for House Resolution No. 35, Page 30, Rule 49, Lines 31 through 47, by deleting all of said lines and inserting in lieu thereof the following: "Rule [46.] 49. (a) In Writing and Distributed [in Advance]. Proposed amendments must be reduced to writing. [Every amendment shall be distributed in advance of the time the bill is initially taken up for consideration.] An amendment shall be considered to have been distributed if it has been either transmitted electronically and made available on each member’s chamber laptop computer and a copy in paper form placed on the desk of the majority floor leader and minority floor leader or placed on the members’ desks in paper form, except for the desk of any member who has waived receipt of amendments. The sponsor of an amendment that has been distributed may make technical corrections at the time the amendment is offered or under consideration. Any technical corrections shall be read in full by the clerk. Technical corrections shall be subject to a point of order that they are not truly technical in nature. [Every proposed amendment to the amendment and substitute amendment may be offered after the time a bill is initially taken up for consideration but shall be distributed prior to the offeror being recognized for a motion on such amendment.]"; and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly. Representative Barnes raised a point of order that House Amendment No. 2 was not timely distributed. Representative Barnes withdrew the point of order. Representative McCreery offered House Amendment No. 1 to House Amendment No. 2. House Amendment No. 1 to House Amendment No. 2 AMEND House Amendment No. 2 to House Committee Substitute for House Resolution No. 35, Page 1, Line 15, by inserting after all of said line the following: "Further amend said bill, Page 41, Rule 98, Lines 27 through 33, by deleting all of said lines and inserting in lieu thereof the following: "Rule [95.] 98. No food, newspapers, or other items or activities distractive to House deliberations shall be permitted on the floor of the House while the House is in session. Smoking is prohibited in [the Hall of the House, upper and lower galleries. The majority and minority caucuses shall adopt policies for its individual member’s office space within the Capitol as it relates to the use of tobacco and alcohol products] in all areas controlled by the House, including member offices and reception areas."; and"; and 170 Journal of the House Further amend said bill by amending the title, enacting clause, and intersectional references accordingly. Representative Cornejo raised a point of order that House Amendment No. 1 to House Amendment No. 2 not germane to the underlying amendment. The Chair ruled the point of order well taken. Representative Rizzo moved that House Amendment No. 2 be adopted. Which motion was defeated. On motion of Representative Richardson, HCS HR 35, as amended, was adopted by the following vote: AYES: 120 Alferman Allen Anderson Andrews Austin Bahr Barnes Basye Beard Bernskoetter Berry Black Bondon Brown 57 Brown 94 Burlison Chipman Cierpiot Conway 10 Conway 104 Cookson Corlew Cornejo Crawford Cross Curtman Davis Dogan Dohrman Dugger Eggleston Engler English Entlicher Fitzpatrick Fitzwater 144 Fitzwater 49 Flanigan Fraker Franklin Frederick Gannon Gosen Hansen Harris Hicks Higdon Hill Hinson Hoskins Hough Houghton Hubrecht Hurst Johnson Jones Justus Keeney Kelley Kendrick Kidd King Koenig Kolkmeyer Korman Kratky LaFaver Lair Lant Lauer Leara Lichtenegger Love Lynch Mathews May McCaherty McDaniel McGaugh Messenger Miller Mims Montecillo Moon Morris Muntzel Neely Parkinson Pfautsch Phillips Pietzman Pike Redmon 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 Mr. Speaker NOES: 035 Adams Anders Arthur Burns Butler Carpenter Colona Curtis Ellington Gardner Green Hubbard Hummel Kirkton Lavender Marshall McCann Beatty McCreery McDonald McManus McNeil Meredith Mitten Morgan Newman Nichols Norr Pace Peters Pierson Rizzo Runions Smith Walton Gray Webber PRESENT: 000 Sixth Day–Thursday, January 15, 2015 171 ABSENT WITH LEAVE: 007 Brattin Dunn Haahr Haefner Otto Pogue Rehder VACANCIES: 001 COMMITTEE CHANGE January 15, 2015 Mr. Adam Crumbliss Chief Clerk Missouri House of Representatives State Capitol, Room 306C Jefferson City, MO 65101 Dear Mr. Crumbliss: I hereby remove Representative Todd Richardson, Representative Delus Johnson, Representative Caleb Jones and Representative Mike Cierpiot from the Committee on Rules. If you have any questions regarding this communication, please contact my office. Very truly yours, /s/ John J. Diehl, Jr. Speaker of the House COMMITTEE APPOINTMENTS January 15, 2015 Mr. Adam Crumbliss Chief Clerk Missouri House of Representatives State Capitol, Room 306C Jefferson City, MO 65101 Dear Mr. Crumbliss: The Speaker hereby appoints the following Representatives to the Committee on Administration and Accounts: Representative Shelley Keeney Representative Delus Johnson Representative Mike Cierpiot The Speaker has designated Representative Mike Leara as Chair, and Representative Lindell Shumake as Vice Chair. Very truly yours, /s/ John J. Diehl, Jr. Speaker of the House ____________________ January 15, 2015 172 Journal of the House Mr. Adam Crumbliss Chief Clerk Missouri House of Representatives State Capitol, Room 306C Jefferson City, MO 65101 Dear Mr. Crumbliss: The Speaker hereby appoints the following Representatives to the Committee on Agriculture Policy: Representative Linda Black Representative J. Eggleston Representative Sue Entlicher Representative Bart Korman Representative Warren Love Representative Dave Muntzel Representative Patricia Pike Representative Craig Redmon Representative Don Rone Representative Bryan Spencer Representative Joe Don McGaugh The Speaker has designated Representative Jay Houghton as Chair, and Representative Tom Hurst as Vice Chair. Very truly yours, /s/ John J. Diehl, Jr. Speaker of the House ____________________ Sixth Day–Thursday, January 15, 2015 173 January 15, 2015 Mr. Adam Crumbliss Chief Clerk Missouri House of Representatives State Capitol, Room 306C Jefferson City, MO 65101 Dear Mr.