Journal of the House

First Regular Session, 95th General Assembly

FIFTY-FIRST DAY, Wednesday, April 8, 2009

The House met pursuant to adjournment.

            Speaker Richard in the Chair.

            Prayer by Reverend James Earl Jackson.

              O God Most High, You are our shelter and strength; You are our help in times of trouble, our safe place in danger, our tower of strength in the storm. (Ps 46:1)

              As we ponder our coming and going this day and accept the grace of living, give us, O God, Your wisdom and strength, enabling us to fulfill our responsibilities above and beyond our human capacity. For You have said in Your Word, "Wisdom will enter your heart and knowledge will be pleasant to your soul; discretion will guard you, understanding will watch over you. We humbly yield our time, our activities, and our decisions to your wisdom, knowledge and direction in all things. May we gain great insight as we periodically take a breather and ponder the way of truth.

              Now may You, the God of peace, make us complete in every good work to do Your will, working in us what is well pleasing in Your sight. To Whom be glory forever and ever.

              In the name of Your Son, I pray. Amen.

              (Portions from 77 Days of Prayer)

            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: Christopher Frank, Diamond Lathon, Kaylee Claybrook, Robert Porras, Jonathan Felton, Whitney Estes, Lauren Shotts, Ace Petty, Thomas Robertson, Gabby Wilson, Sara Soles and Linda Renae Switzer.

            The Journal of the fiftieth day was approved as printed.

SPECIAL RECOGNITION

            Drug Abuse Resistance Education (DARE) Officers were introduced by Representative Deeken and recognized for their efforts to help children avoid involvement in drugs, gangs and violence.

            The Sparta Lady Trojan Basketball Team was introduced by Representative Weter and recognized for attaining the 2008-2009 Class 2 State Championship.

            The Maplewood Richmond Heights Blue Devils Basketball Team was introduced by Representative Brown (73) and recognized for attaining the 2008-2009 Class 3 State Championship.

            Courtney Marie Mudd, Miss Pre-Teen Missouri, was introduced by Representative Schieffer and presented a Resolution.

HOUSE RESOLUTION

            Representatives Bringer and Stevenson offered House Resolution No. 1603.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 1599 through House Resolution No. 1602

            House Resolution No. 1604 through House Resolution No. 1641

THIRD READING OF HOUSE JOINT RESOLUTION

            HCS HJR 10, relating to the Appellate Judicial Commission, was taken up by Representative Cox.

            On motion of Representative Cox, HCS HJR 10 was read the third time and passed by the following vote:

            Speaker Richard declared the bill passed.

PERFECTION OF HOUSE BILL

            HCS HB 62, as amended, with House Amendment No. 1 to House Amendment No. 2, and House Amendment No. 2, pending, relating to crime, was taken up by Representative Lipke.

            Representative Hobbs assumed the Chair.

            HCS HB 62, as amended, with House Amendment No. 1 to House Amendment No. 2, and House Amendment No. 2, pending, was laid over.

            On motion of Representative Funderburk, the House recessed until 1:30 p.m.

AFTERNOON SESSION

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

PERFECTION OF HOUSE BILLS

            HCS HB 62, as amended, with House Amendment No. 1 to House Amendment No. 2, and House Amendment No. 2, pending, relating to crime, was again taken up by Representative Lipke.

            Speaker Richard resumed the Chair.

            Representative Colona moved that House Amendment No. 1 to House Amendment No. 2 be adopted.

            Which motion was defeated by the following vote:

            Representative Jones (89) assumed the Chair.

            Representative Skaggs offered House Amendment No. 2 to House Amendment No. 2.

House Amendment No. 2

to

House Amendment No. 2

AMEND House Amendment No. 2 to House Committee Substitute for House Bill No. 62, Page 1, Section 566.150, Line 14, by deleting "class A misdemeanor" and replacing with "class D felony"; and

              Further amend Line 15, by deleting the "D" and replacing with a "C"; and

              Further amend Page 2, Line 8, by deleting "class A misdemeanor" and replacing with "class D felony"; and

              Further amend Line 9, by deleting the "D" and replacing with a "C".

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

            On motion of Representative Kraus, House Amendment No. 2, as amended, was adopted.

            Representative McGhee offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 62, Section 82.300, Page 11, Line 30, by inserting after all of said line the following:

              "195.202. 1. Except as authorized by sections 195.005 to 195.425, it is unlawful for any person to possess or have under his control a controlled substance.

              2. Except as provided in subsection 4 of this section, any person who violates this section with respect to any controlled substance except thirty-five grams or less of marijuana is guilty of a class C felony.

              3. Any person who violates this section with respect to not more than thirty-five grams of marijuana is guilty of a class A misdemeanor.

              4. Any person who violates subsection 2 of this section in the presence of a person less than seventeen years of age or in a residence where a person less than seventeen years of age resides is guilty of a class B felony."; and

              Further amend said bill, Section 565.084, Page 30, Line 20, by inserting after all of said line the following:

              "568.045. 1. A person commits the crime of endangering the welfare of a child in the first degree if:

              (1) The person knowingly acts in a manner that creates a substantial risk to the life, body, or health of a child less than seventeen years old; or

              (2) The person knowingly engages in sexual conduct with a person under the age of seventeen years over whom the person is a parent, guardian, or otherwise charged with the care and custody;

              (3) The person knowingly encourages, aids or causes a child less than seventeen years of age to engage in any conduct which violates the provisions of chapter 195, RSMo;

              (4) Such person enlists the aid, either through payment or coercion, of a person less than seventeen years of age to unlawfully manufacture, compound, produce, prepare, sell, transport, test or analyze amphetamine or methamphetamine or any of their analogues, or to obtain any material used to manufacture, compound, produce, prepare, test or analyze amphetamine or methamphetamine or any of their analogues; or

              (5) Such person, in the presence of a person less than seventeen years of age or in a residence where a person less than seventeen years of age resides, unlawfully manufactures, or attempts to manufacture compounds, possesses, produces, prepares, sells, transports, tests or analyzes amphetamine or methamphetamine or any of their analogues.

              2. Endangering the welfare of a child in the first degree is a class C felony unless the offense is committed as part of a ritual or ceremony, or except on a second or subsequent offense, in which case the crime is a class B felony.               3. This section shall be known as "Hope's Law"."; and

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

            Representative Roorda raised a point of order that House Amendment No. 3 was not timely distributed.

            Representative Jones (89) requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order not timely.

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

            Representative Roorda offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill No. 62, Section 565.084, Page 30, Line 20, by inserting after all of said section and line the following:

              "570.030. 1. A person commits the crime of stealing if he or she appropriates property or services of another with the purpose to deprive him or her thereof, either without his or her consent or by means of deceit or coercion.

              2. Evidence of the following is admissible in any criminal prosecution pursuant to this section on the issue of the requisite knowledge or belief of the alleged stealer:

              (1) That he or she failed or refused to pay for property or services of a hotel, restaurant, inn or boardinghouse;

              (2) That he or she gave in payment for property or services of a hotel, restaurant, inn or boardinghouse a check or negotiable paper on which payment was refused;

              (3) That he or she left the hotel, restaurant, inn or boardinghouse with the intent to not pay for property or services;

              (4) That he or she surreptitiously removed or attempted to remove his or her baggage from a hotel, inn or boardinghouse;

              (5) That he or she, with intent to cheat or defraud a retailer, possesses, uses, utters, transfers, makes, alters, counterfeits, or reproduces a retail sales receipt, price tag, or universal price code label, or possesses with intent to cheat or defraud, the device that manufactures fraudulent receipts or universal price code labels.

              3. Notwithstanding any other provision of law, any offense in which the value of property or services is an element is a class C felony if:

              (1) The value of the property or services appropriated is five hundred dollars or more but less than twenty-five thousand dollars; or

              (2) The actor physically takes the property appropriated from the person of the victim; or

              (3) The property appropriated consists of:

              (a) Any motor vehicle, watercraft or aircraft; or

              (b) Any will or unrecorded deed affecting real property; or

              (c) Any credit card or letter of credit; or

              (d) Any firearms; or

              (e) Any explosive weapon as defined in section 571.010, RSMo; or

              (f) A United States national flag designed, intended and used for display on buildings or stationary flagstaffs in the open; or

              [(f)] (g) Any original copy of an act, bill or resolution, introduced or acted upon by the legislature of the state of Missouri; or

              [(g)] (h) Any pleading, notice, judgment or any other record or entry of any court of this state, any other state or of the United States; or

              [(h)] (i) Any book of registration or list of voters required by chapter 115, RSMo; or

              [(i)] (j) Any animal of the species of horse, mule, ass, cattle, swine, sheep, or goat; or

              [(j)] (k) Live fish raised for commercial sale with a value of seventy-five dollars; or

              [(k)] (l) Any controlled substance as defined by section 195.010, RSMo; or

              [(l)] (m) Anhydrous ammonia;

              [(m)] (n) Ammonium nitrate; or

              [(n)] (o) Any document of historical significance which has fair market value of five hundred dollars or more.               4. If an actor appropriates any material with a value less than five hundred dollars in violation of this section with the intent to use such material to manufacture, compound, produce, prepare, test or analyze amphetamine or methamphetamine or any of their analogues, then such violation is a class C felony. The theft of any amount of anhydrous ammonia or liquid nitrogen, or any attempt to steal any amount of anhydrous ammonia or liquid nitrogen, is a class B felony. The theft of any amount of anhydrous ammonia by appropriation of a tank truck, tank trailer, rail tank car, bulk storage tank, field (nurse) tank or field applicator is a class A felony.

              5. The theft of any item of property or services pursuant to subsection 3 of this section which exceeds five hundred dollars may be considered a separate felony and may be charged in separate counts.

              6. Any person with a prior conviction of paragraph [(i)] (j) of subdivision (3) of subsection 3 of this section and who violates the provisions of paragraph [(i)] (j) of subdivision (3) of subsection 3 of this section when the value of the animal or animals stolen exceeds three thousand dollars is guilty of a class B felony.

              7. Any offense in which the value of property or services is an element is a class B felony if the value of the property or services equals or exceeds twenty-five thousand dollars.

              8. Any violation of this section for which no other penalty is specified in this section is a class A misdemeanor."; and

              Further amend said bill, Section 570.040, Page 30, Line 16, by inserting after all of said section and line the following:

              "570.080. 1. A person commits the crime of receiving stolen property if for the purpose of depriving the owner of a lawful interest therein, he or she receives, retains or disposes of property of another knowing that it has been stolen, or believing that it has been stolen.

              2. Evidence of the following is admissible in any criminal prosecution pursuant to this section to prove the requisite knowledge or belief of the alleged receiver:

              (1) That he or she was found in possession or control of other property stolen on separate occasions from two or more persons;

              (2) That he or she received other stolen property in another transaction within the year preceding the transaction charged;

              (3) That he or she acquired the stolen property for a consideration which he or she knew was far below its reasonable value;

              (4) That he or she obtained control over stolen property knowing the property to have been stolen or under such circumstances as would reasonably induce a person to believe the property was stolen.

              3. Receiving stolen property is a class A misdemeanor unless the property involved has a value of five hundred dollars or more, or the person receiving the property is a dealer in goods of the type in question, or the property involved is a firearm or explosive weapon as those terms are defined in section 571.010, RSMo, in which cases receiving stolen property is a class C felony."; and

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

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

            Representative Dusenberg offered House Amendment No. 5.

House Amendment No. 5

AMEND House Committee Substitute for House Bill No. 62, Page 30, Section 565.084, Line 20, by inserting after all of said section the following:

              "566.148. 1. Any person who has pleaded guilty or nolo contendere to, or been convicted of, or been found guilty of violating any of the provisions of this chapter or the provisions of subsection 2 of section 568.020, RSMo, incest; section 568.045, RSMo, endangering the welfare of a child in the first degree; subsection 2 of section 568.080, RSMo, use of a child in a sexual performance; section 568.090, RSMo, promoting a sexual performance by a child; section 573.023, RSMo, sexual exploitation of a minor; section 573.025, RSMo, promoting child pornography in the first degree; section 573.035, RSMo, promoting child pornography in the second degree; section 573.037, RSMo, possession of child pornography, or section 573.040, RSMo, furnishing pornographic material to minors shall not knowingly be physically present in or loiter within five hundred feet of or to approach, contact, or communicate with any child under eighteen years of age in any child care facility building, on the real property comprising any child care facility when persons under the age of eighteen are present in the building, on the grounds, or in the conveyance, unless the offender is a parent, legal guardian, or custodian of a student present in the building or on the grounds.

              2. For purposes of this section, "child care facility" shall have the same meaning as such term is defined in section 210.201, RSMo.

              3. Any person who violates the provisions of this section is guilty of a class A misdemeanor."; and

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

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

            Representative Burnett raised a point of order that House Amendment No. 1 to House Amendment No. 5 is in violation of Rule 46.

            Representative Roorda raised an additional point of order that House Amendment No. 1 to House Amendment No. 5 is not properly drafted.

            Representative Jones (89) requested a parliamentary ruling.

            The Parliamentary Committee ruled the first point of order not well taken and the second point of order well taken.

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

            Representative Munzlinger offered House Amendment No. 6.

House Amendment No. 6

AMEND House Committee Substitute for House Bill No. 62, Section 570.080, Page 31, Line 16, by inserting immediately after said line the following:

              "575.082. 1. A person commits the crime of filing a false report if such person knowingly files a report with the Missouri department of natural resources that a regulation or ordinance has been violated and such report is false.

              2. Filing a false report is a class C misdemeanor."; and

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

            Representative Parson offered House Amendment No. 1 to House Amendment No. 6.

            House Amendment No. 1 to House Amendment No. 6 was withdrawn.

            Representative Cox offered House Amendment No. 2 to House Amendment No. 6.

House Amendment No. 2

to

House Amendment No. 6

AMEND House Amendment No. 6 to House Committee Substitute for House Bill No. 62, Page 1, Line 4, by inserting after the first occurrence of the word "a" the word "false"; and

              Further amend said amendment and page, Line 5, by deleting the words "and such report is false"; and

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

            On motion of Representative Cox, House Amendment No. 2 to House Amendment No. 6 was adopted.

            On motion of Representative Munzlinger, House Amendment No. 6, as amended, was adopted.

            Representative Fischer (107) offered House Amendment No. 7.

House Amendment No. 7

AMEND House Committee Substitute for House Bill No. 62, Section 565.084, Page 30, Line 20, by inserting after all of said line the following:

              "566.093. 1. A person commits the crime of sexual misconduct in the second degree if such person:

              (1) Exposes his or her genitals under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm;

              (2) Has sexual contact in the presence of a third person or persons under circumstances in which he or she knows that such conduct is likely to cause affront or alarm; or

              (3) Has sexual intercourse or deviate sexual intercourse in a public place in the presence of a third person.

              2. Sexual misconduct in the second degree is a class B misdemeanor unless the actor has previously been convicted of an offense under this chapter, in which case it is a class A misdemeanor, or unless it is committed by a prisoner or offender in the presence of an employee of, or person assigned to work in, any jail, prison, or correctional facility, in which case it is a class D felony."; and

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

            On motion of Representative Fischer (107), House Amendment No. 7 was adopted by the following vote:

            Representative Dusenberg offered House Amendment No. 8.

House Amendment No. 8

AMEND House Committee Substitute for House Bill No. 62, Section 565.081, Page 29, Line 1, by inserting immediately after the comma "," the following:

              "corrections officer,"; and

              Further amend said substitute, said section, said page, Line 2, by inserting immediately after the comma "," the following:

              "highway worker in a construction zone or work zone,"; and

              Further amend said substitute, said section, said page, Line 4, by deleting all of said line and inserting in lieu thereof the following:

              "officer [or], corrections officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer."; and

              Further amend said substitute, said section, said page, Line 7, by deleting all of said line and inserting in lieu thereof the following:

              "defined in subdivisions (15), (16), [and] (17), and (18) of section 190.100, RSMo."; and

              Further amend said substitute, said section, said page, Line 8, by inserting immediately after the number "3." the following:

              "As used in this section the term "corrections officer" includes any jailer or corrections officer of the state or any political subdivision of the state.

              4. When used in this section, the terms "highway worker", "construction zone", or "work zone" shall have the same meaning as such terms are defined in section 304.580, RSMo.

              5."; and

              Further amend said substitute, said section, said page, said line, by inserting immediately after the comma "," in the first instance the following:

              "corrections officer,"; and

              Further amend said section, said page, said line, by inserting immediately after the comma "," in the second instance the following:

              "highway worker in a construction zone or work zone,"; and

              Further amend said substitute, said section, said page, Line 9, by inserting immediately after said line the following:

              "565.082. 1. A person commits the crime of assault of a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer in the second degree if such person:

              (1) Knowingly causes or attempts to cause physical injury to a law enforcement officer, corrections officer, emergency personnel, or probation and parole officer by means of a deadly weapon or dangerous instrument;

              (2) Knowingly causes or attempts to cause physical injury to a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer by means other than a deadly weapon or dangerous instrument;

              (3) Recklessly causes serious physical injury to a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer; or

              (4) While in an intoxicated condition or under the influence of controlled substances or drugs, operates a motor vehicle or vessel in this state and when so operating, acts with criminal negligence to cause physical injury to a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer;

              (5) Acts with criminal negligence to cause physical injury to a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer by means of a deadly weapon or dangerous instrument;

              (6) Purposely or recklessly places a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer in apprehension of immediate serious physical injury; or

              (7) Acts with criminal negligence to create a substantial risk of death or serious physical injury to a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer.

              2. As used in this section, "emergency personnel" means any paid or volunteer firefighter, emergency room or trauma center personnel, or emergency medical technician as defined in subdivisions (15), (16), [and] (17), and (18) of section 190.100, RSMo.

              3. As used in this section the term "corrections officer" includes any jailer or corrections officer of the state or any political subdivision of the state.

              4. When used in this section, the terms "highway worker", "construction zone", or "work zone" shall have the same meaning as such terms are defined in section 304.580, RSMo.

              5. Assault of a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer in the second degree is a class B felony unless committed pursuant to subdivision (2), (5), (6), or (7) of subsection 1 of this section in which case it is a class C felony. For any violation of subdivision (1), (3), or (4) of subsection 1 of this section, the defendant must serve mandatory jail time as part of his or her sentence.

              565.083. 1. A person commits the crime of assault of a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer in the third degree if:

              (1) Such person recklessly causes physical injury to a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer;

              (2) Such person purposely places a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer in apprehension of immediate physical injury;

              (3) Such person knowingly causes or attempts to cause physical contact with a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer without the consent of the law enforcement officer [or], corrections officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer.

              2. As used in this section, "emergency personnel" means any paid or volunteer firefighter, emergency room or trauma center personnel, or emergency medical technician as defined in subdivisions (15), (16), [and] (17), and (18) of section 190.100, RSMo.

              3. As used in this section the term "corrections officer" includes any jailor or corrections officer of the state or any political subdivision of the state.

              4. When used in this section, the terms "highway worker", "construction zone", or "work zone" shall have the same meaning as such terms are defined in section 304.580, RSMo.

              5. Assault of a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer in the third degree is a class A misdemeanor."; and

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

            On motion of Representative Dusenberg, House Amendment No. 8 was adopted.

            Representative Tilley moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Lipke, HCS HB 62, as amended, was adopted.

            On motion of Representative Lipke, HCS HB 62, as amended, was ordered perfected and printed.

            HCS HBs 620 & 671, relating to bingo, was taken up by Representative Lair.

            Representative Hoskins (121) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill Nos. 620 & 671, Page 6, Section 313.055, Line 1, by inserting immediately at the beginning of said line the following "["; and

              Further amend said page and section, Line 18, by inserting immediately at the end of said line the following "]"; and

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

            On motion of Representative Hoskins (121), House Amendment No. 1 was adopted.

            Speaker Richard resumed the Chair.

            Representative Roorda requested a division of the question on HCS HBs 620 & 671, as amended.

            HCS HBs 620 & 671, with Part I, as amended, and Part II pending, was laid over.

            HB 599, relating to the Missouri Public Service Commission, was taken up by Representative Diehl.

            On motion of Representative Diehl, HB 599 was ordered perfected and printed.

            HB 258, relating to the minimum wage, was taken up by Representative Jones (89).

            Representative Jones (89) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 258, Page 1, Section A, Line 2, by inserting after all of said line the following:

              "290.502. 1. Except as may be otherwise provided pursuant to sections 290.500 to 290.530, effective January 1, 2007, every employer shall pay to each employee wages at the rate of $6.50 per hour, or wages at the same rate or rates set under the provisions of federal law as the prevailing federal minimum wage applicable to those covered jobs in interstate commerce, whichever rate per hour is higher.

              2. The minimum wage shall be increased or decreased on January 1, 2008, and on January 1 of successive years, by the increase or decrease in the cost of living. On September 30, 2007, and on each September 30 of each successive year, the director shall measure the increase or decrease in the cost of living by the percentage increase or decrease as of the preceding July over the level as of July of the immediately preceding year of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) or successor index as published by the U.S. Department of Labor or its successor agency, with the amount of the minimum wage increase or decrease rounded to the nearest five cents. This subsection shall not apply to employees who receive and retain compensation in the form of gratuities, except that any modification of the minimum wage made under this subsection prior to January 1, 2009, shall be used to calculate the minimum wage for those receiving and retaining compensation in the form of gratuities pursuant to this section and section 290.512, RSMo."; and

              Further amend said bill, Section 290.512, Page 1, Line 2, by deleting immediately after the word "wages", "["; and

              Further amend said bill, section, and page, Lines 5 through 7, by deleting all of said lines and inserting in lieu thereof the following:

              "the difference being made up by the employer. However, the total compensation for such tipped"; and

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

            Representative Zerr offered House Amendment No. 1 to House Amendment No. 1.

House Amendment No. 1

to

House Amendment No. 1

AMEND House Amendment No. 1 to House Bill No. 258, Page 1, Line 18, by deleting the words "January 1" and inserting in lieu thereof the words "July 24"; and

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

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

            Representative Tilley moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Jones (89), House Amendment No. 1, as amended, was adopted by the following vote:

            Representative Tilley moved the previous question.

            Which motion was adopted by the following vote: