Journal of the House


Second Regular Session, 93rd General Assembly




SIXTY-SIXTH DAY, Wednesday, May 3, 2006

The House met pursuant to adjournment.


            Speaker Jetton in the Chair.


            Prayer by Reverend James Earl Jackson.


              By wisdom, You Lord founded the Earth; by understanding You established the Heavens. By Your knowledge the deep fountains of the Earth burst forth, and the clouds poured down rain.


              Because we have this knowledge of You, we don’t lose sight of good planning and insight. We hang on to them, they keep us safe on our way and keep our feet from stumbling. We can lie down without fear and enjoy pleasant dreams.


              We are thankful that Your hand is not shortened, that it cannot deliver; nor Your ear heavy, that it cannot hear.


              As the days grow short on this year’s Session, with Your help, we continue to make well thought out and prudent decisions. Pressure is our enemy, wisdom is our ally.


              Now may You, the God of patience and comfort, grant us to be like-minded towards one another. May we abound in hope by Your grace.


              For it’s in the name of Your Son we pray. 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: Allyson Kate Seaton, Makayla McGruder, Ellie McGruder, Heather Allphin, Tabitha Brown, Dylan Cluver, Christopher Jones, Will Haer, Scoot Anderson, Lauren Geiger, Cassey Carlson, Amanda Yocum, Miles Freborg, Kevin Lang, Ashley Millican, Kirsten Miller, Robert Buckley, Brad Ditty, Bryanne Mae Cornine, Jacklyn Murry, Travis Weigand, Kailyn Marie Stewart, Trevor Lair, Drew Frizzell, JP Rowland, Gavon Howell, Ines Subashka, Daniela Arbex and Megan Carson.


            The Journal of the sixty-fifth day was approved as corrected.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 3095

                        and

            House Resolution No. 3096 - Representative Loehner

            House Resolution No. 3097 - Representative Boykins

            House Resolution No. 3098

                        through

            House Resolution No. 3100 - Representative Quinn

            House Resolution No. 3101 - Representatives Shoemyer and Behnen

            House Resolution No. 3102 - Representative Burnett

            House Resolution No. 3103

                        and

            House Resolution No. 3104 - Representatives Dempsey and Bearden

            House Resolution No. 3105

                        and

            House Resolution No. 3106 - Representative Dempsey, et al.

            House Resolution No. 3107 - Representative Cooper (158)

            House Resolution No. 3108 - Representative Oxford

            House Resolution No. 3109 - Representative Wood

            House Resolution No. 3110 - Representatives Darrough and Hoskins


COMMITTEE REPORT


            Committee on Fiscal Review, Chairman Guest reporting:


            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS SS#2 SCS SBs 1014 & 730 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.


BILLS IN CONFERENCE


            CCR SCS HCS HB 1012, relating to appropriations, was taken up by Representative Icet.


            On motion of Representative Icet, CCR SCS HCS HB 1012 was adopted by the following vote:


AYES: 089

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Behnen

Bivins

Black

Bruns

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Guest

Hobbs

Hoskins

Hubbard

Hunter

Icet

Jackson

Johnson 47

Jones

Kelly

Kingery

Kraus

Lager

Lipke

Loehner

Marsh

May

McGhee

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Quinn

Rector

Richard

Robb

Ruestman

Rupp

Sander

Sater

Schaaf

Scharnhorst

Schlottach

Schneider

Self

Silvey

Smith 14

Stevenson

St. Onge

Sutherland

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Mr Speaker

 

 

 

 

 

 

NOES: 066

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bogetto

Bowman

Boykins

Bringer

Brooks

Brown 50

Burnett

Casey

Chappelle-Nadal

Curls

Dake

Darrough

Daus

Donnelly

Dougherty

Dusenberg

El-Amin

Frame

Fraser

George

Harris 23

Harris 110

Haywood

Henke

Hughes

Johnson 61

Johnson 90

Jolly

Kratky

Kuessner

Lampe

Lembke

LeVota

Liese

Low 39

Lowe 44

Meadows

Meiners

Oxford

Page

Pratt

Roark

Robinson

Roorda

Rucker

Salva

Schoemehl

Shoemyer

Skaggs

Smith 150

Storch

Swinger

Villa

Wagner

Walsh

Walton

Whorton

Wildberger

Witte

Wright-Jones

Yaeger

Yates

Young

Zweifel

 

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Corcoran

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Bean

Bland

Brown 30

Schad

Smith 118

Spreng

Vogt

 

 

 


            On motion of Representative Icet, CCS SCS HCS HB 1012 was read the third time and passed by the following vote:


AYES: 089

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Behnen

Bivins

Black

Bruns

Chinn

Cooper 120

Cooper 158

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Guest

Hobbs

Hoskins

Hunter

Icet

Jackson

Johnson 47

Jones

Kelly

Kingery

Kraus

Lager

Lipke

Loehner

Marsh

May

McGhee

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Quinn

Rector

Richard

Robb

Ruestman

Rupp

Sander

Sater

Schaaf

Scharnhorst

Schlottach

Schneider

Self

Silvey

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Sutherland

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Mr Speaker

 

 

 

 

 

 

NOES: 066

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bogetto

Bowman

Boykins

Bringer

Brooks

Brown 50

Burnett

Casey

Chappelle-Nadal

Curls

Dake

Darrough

Daus

Donnelly

Dougherty

Dusenberg

El-Amin

Frame

Fraser

George

Harris 23

Harris 110

Haywood

Henke

Hubbard

Hughes

Johnson 61

Johnson 90

Jolly

Kratky

Kuessner

Lampe

Lembke

LeVota

Liese

Low 39

Lowe 44

Meadows

Meiners

Oxford

Page

Pratt

Roark

Robinson

Roorda

Rucker

Salva

Schoemehl

Shoemyer

Skaggs

Storch

Swinger

Villa

Wagner

Walsh

Walton

Whorton

Wildberger

Witte

Wright-Jones

Yaeger

Yates

Young

Zweifel

 

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Corcoran

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Bean

Bland

Brown 30

Cooper 155

Schad

Spreng

Vogt

 

 

 


            Speaker Jetton declared the bill passed.


            CCR SCS HB 1013, relating to appropriations, was taken up by Representative Icet.


            On motion of Representative Icet, CCR SCS HB 1013 was adopted by the following vote:


AYES: 155

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bogetto

Bowman

Boykins

Bringer

Brooks

Brown 50

Bruns

Burnett

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Dake

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Frame

Franz

Fraser

George

Guest

Harris 23

Harris 110

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Scharnhorst

Schlottach

Schneider

Schoemehl

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

NOES: 002

 

 

 

 

 

 

 

 

 

Hughes

Roark

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

 

Bean

Bland

Brown 30

Schad

Spreng

Vogt

 

 

 

 


            On motion of Representative Icet, CCS SCS HB 1013 was read the third time and passed by the following vote:


AYES: 155

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bogetto

Bowman

Boykins

Bringer

Brooks

Brown 50

Bruns

Burnett

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Dake

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Frame

Franz

Fraser

George

Guest

Harris 23

Harris 110

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Rupp

Sander

Sater

Schaaf

Scharnhorst

Schlottach

Schneider

Schoemehl

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

NOES: 003

 

 

 

 

 

 

 

 

 

Hughes

Roark

Salva

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 005

 

 

 

 

 

 

Bean

Bland

Brown 30

Schad

Spreng


            Speaker Jetton declared the bill passed.


            Speaker Pro Tem Bearden assumed the Chair.


PERFECTION OF HOUSE BILL


            HB 1930, relating to delinquent property taxes, was taken up by Representative Hubbard.


            Representative El-Amin offered House Amendment No. 1.


House Amendment No. 1


AMEND House Bill No. 1930, Section 92.715, Page 1, Line 9, by inserting after the word, “costs”, the following:


              Notwithstanding the foregoing, any individual taxpayer whose income is at or below one hundred eighty-five percent of the Federal poverty guidelines shall only be assessed interest from the date of delinquency at the rate of one percent per month, with a maximum rate of ten percent per annum. The collector of revenue shall have the authority to request any necessary documentation. The collector of revenue shall separately account for any amounts of interest and penalties collected where such amounts are in excess of one percent per month and ten percent per annum with respect to a particular property and shall deposit such excess amounts with the city treasurer, to be held in a separate account. Funds in such account shall be used solely for purposes of lead hazard remediation, abatement and/or removal in buildings and structures owned and operated by the board of education of a metropolitan district where educational activities involving children are conducted, and in any buildings and structures in which recreational activities for children are conducted, until all such lead hazard abatement, remediated, or removed. Thereafter, funds in such account shall be used solely for purposed of lead hazard abatement, remediation, and/or removal in other buildings and structures located in any city not within a county. Upon appropriation, the building commissioner of the any city not within a county shall be authorized to draw funds from such account for such purposes and shall cooperate with the board of education of a metropolitan district to use such funds effectively and efficiently for the purposes set forth herein.”; and


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


            Representative Storch 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. 1930, Page 1, Line 5, by inserting after the words, “poverty guidelines”, the words, “or sixty years of age or older”; and


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


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


            On motion of Representative El-Amin, House Amendment No. 1, as amended, was adopted.


            Representative El-Amin assumed the Chair.


            Representative Fares offered House Amendment No. 2.


House Amendment No. 2


AMEND House Bill No. 1930, Page 2, Section 92.715, Line 26, by inserting after said line the following:


              135.097. 1. For purposes of this section, the following terms shall mean:

              (1) "Disabled", the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months;

              (2) "Eligible taxpayer", a Missouri resident claiming a credit under this section. If the persons are eligible to file a joint federal income tax return and reside at the same address at any time during the taxable year, then the credit may only be allowed if claimed on a combined Missouri income tax return reporting their combined incomes and property taxes. A taxpayer shall not be allowed a tax credit unless the taxpayer or spouse has attained the age of sixty-five on or before the last day of the calendar year or the taxpayer or spouse is a veteran of any branch of the armed forces of the United States or this state who became one hundred percent disabled as a result of such service, or the taxpayer or spouse is disabled as defined in subdivision (1) of this subsection, and such taxpayer or spouse provides proof of such disability in such form and manner, and at such times, as the director of revenue may require, has been a resident of Missouri for twenty years, and has lived in their homestead for at least twenty years. The residency requirement shall be deemed to have been fulfilled for the purpose of determining the eligibility of a taxpayer or spouse who would have otherwise met the requirements for a tax credit but who dies before the last day of the calendar year;

              (3) "Homestead", the dwelling in Missouri owned for twenty or more years by the eligible taxpayer and not to exceed five acres of land surrounding it as is reasonably necessary for use of the dwelling as a home. It may consist of part of a multidwelling or multipurpose building and part of the land upon which it is built. "Owned" includes a vendee in possession under a land contract and one or more tenants by the entireties, joint tenants, or tenants in common and includes an eligible taxpayer actually in possession if he was the immediate former owner of record, if a lineal descendant is presently the owner of record, and if the eligible taxpayer actually pays all taxes upon the property. It may include a mobile home;

              (4) "Income", Missouri adjusted gross income as defined in section 143.121, RSMo, and increased, where necessary, to reflect the following:

              (a) Social Security, railroad retirement, and veterans payments and benefits;

              (b) The total amount of all other public and private pensions and annuities;

              (c) Public relief, public assistance, and unemployment benefits received in cash, other than benefits received under this chapter;

              (d) No deduction being allowed for losses not incurred in a trade or business;

              (e) Interest on the obligations of the United States, any state, or any of their subdivisions and instrumentalities;

              (5) "Property taxes accrued", property taxes paid, exclusive of special assessments, penalties, interest, and charges for service levied on an eligible taxpayer's homestead in any calendar year. Property taxes shall qualify for the credit only if actually paid prior to the date a return is filed. The director of revenue shall require a tax receipt or other proof of property tax payment. If a homestead is owned only partially by an eligible taxpayer, then "property taxes accrued" is that part of property taxes levied on the homestead which was actually paid by the eligible taxpayer. For purposes of this subdivision, property taxes are "levied" when the tax roll is delivered to the director of revenue for collection. If a homestead is an integral part of a larger unit such as a farm, or multipurpose or multidwelling building, property taxes accrued shall be that percentage of the total property taxes accrued as the value of the homestead is of the total value. For purposes of this subdivision "unit" refers to the parcel of property covered by a single tax statement of which the homestead is a part.

              2. For all taxable years beginning on or after January 1, 2007, an eligible taxpayer who is sixty-five years of age or older, or who is disabled, and who has lived in their homestead for at least twenty years, and has paid more than ten percent of his or her total household income in real property tax on his or her homestead, shall receive a credit in an amount equal to fifty percent of his or her property taxes paid for such homestead. An eligible taxpayer shall not be allowed to claim the tax credit for the year that the homestead is sold.

              3. The tax credit allowed by this section shall be claimed by such individual at the time such individual files a return and shall be applied against the income tax liability imposed by chapter 143, RSMo, excluding withholding tax imposed by sections 143.191 to 143.265, RSMo, after all other credits provided by law have been applied. If the amount of the tax credit exceeds the tax liability, the difference shall be refunded to the taxpayer.

              4. An eligible taxpayer shall not be allowed to claim such credit if the taxpayer filed a valid claim under sections 135.010 to 135.030, RSMo, or section 137.106, RSMo, for the same tax year.

              5. The director of the department of revenue shall promulgate rules and regulations to administer the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2006, shall be invalid and void.

              6. Pursuant to section 23.253, RSMo, of the Missouri Sunset Act:

              (1) The provisions of the new program authorized under this section shall automatically sunset six years after the effective date of this section unless reauthorized by an act of the general assembly; and

              (2) If such program is reauthorized, the program authorized under this section shall automatically sunset twelve years after the effective date of the reauthorization of this section; and

              (3) This section shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under this section is sunset.”; and


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


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


            On motion of Representative Hubbard, HB 1930, as amended, was ordered perfected and printed by the following vote:


AYES: 110

 

 

 

 

 

 

 

 

 

Avery

Bearden

Behnen

Bivins

Black

Bland

Brooks

Brown 50

Casey

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Curls

Daus

Day

Dempsey

Denison

Dethrow

Dixon

Donnelly

El-Amin

Faith

Fares

Fisher

Flook

Frame

Franz

Fraser

Guest

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 90

Jones

Kingery

Kratky

Lager

Lampe

Lembke

Liese

Lipke

Loehner

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Oxford

Parson

Pearce

Pollock

Portwood

Pratt

Quinn

Richard

Roark

Robb

Roorda

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Self

Shoemyer

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wallace

Wasson

Wells

Weter

Wildberger

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yaeger

Zweifel

Mr Speaker

 

 

 

 

 

NOES: 049

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Baker 123

Bogetto

Bowman

Boykins

Bringer

Bruns

Burnett

Chinn

Chappelle-Nadal

Corcoran

Dake

Darrough

Davis

Deeken

Dougherty

Dusenberg

Emery

Ervin

George

Harris 23

Harris 110

Haywood

Henke

Johnson 61

Jolly

Kelly

Kraus

Kuessner

LeVota

Low 39

Lowe 44

Nolte

Page

Parker

Phillips

Rector

Robinson

Schoemehl

Silvey

Skaggs

Wagner

Walsh

Walton

Witte

Wright-Jones

Yates

Young

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Whorton

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 003

 

 

 

 

 

 

Bean

Brown 30

Spreng

 

 


THIRD READING OF SENATE BILL


            HCS SB 1084, relating to health care for uninsured children, was taken up by Representative Scharnhorst.


            Representative Portwood offered House Amendment No. 1.


            House Amendment No. 1 was withdrawn.


            Representative Cooper (120) assumed the Chair.


            Representative Skaggs offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for Senate Bill No. 1084, Page 1, Section 208.631, Line 4, by deleting the number “2008" and replacing in lieu thereof the number “2010".


            Representative Skaggs moved that House Amendment No. 2 be adopted.


            Which motion was defeated.


            Representative Storch offered House Amendment No. 3.


            Representative Stevenson raised a point of order that House Amendment No. 3 is not germane and goes beyond the scope of the underlying bill.


            Representative Cooper (120) requested a parliamentary ruling.


            The Parliamentary Committee ruled the point of order well taken.


            Representative Dempsey moved the previous question.


            Which motion was adopted by the following vote:


AYES: 094

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Behnen

Bivins

Black

Bruns

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Guest

Hobbs

Hunter

Icet

Jackson

Johnson 47

Jones

Kelly

Kingery

Kraus

Lager

Lembke

Lipke

Loehner

Marsh

May

McGhee

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Ruestman

Rupp

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Self

Silvey

Smith 14

Smith 150

Stevenson

St. Onge

Sutherland

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

NOES: 052

 

 

 

 

 

 

 

 

 

Baker 25

Bland

Bogetto

Bowman

Boykins

Bringer

Brooks

Brown 50

Burnett

Chappelle-Nadal

Corcoran

Curls

Dake

Darrough

Daus

Donnelly

El-Amin

Frame

Fraser

George

Haywood

Hoskins

Hubbard

Hughes

Johnson 61

Johnson 90

Jolly

Kuessner

Liese

Low 39

Lowe 44

Meadows

Meiners

Oxford

Robinson

Rucker

Salva

Schoemehl

Skaggs

Storch

Swinger

Villa

Vogt

Wagner

Walsh

Walton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

 

 

 

PRESENT: 011

 

 

 

 

 

 

 

 

 

Aull

Casey

Harris 23

Harris 110

Henke

Kratky

Lampe

LeVota

Page

Shoemyer

Whorton

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

 

Bean

Brown 30

Dougherty

Roorda

Smith 118

Spreng

 

 

 

 


            On motion of Representative Scharnhorst, HCS SB 1084 was adopted by the following vote:


AYES: 156

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bogetto

Bowman

Boykins

Bringer

Brooks

Brown 50

Bruns

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Dake

Darrough

Daus

Davis

Day

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Frame

Franz

Fraser

George

Guest

Harris 23

Harris 110

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoemehl

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 150

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Bean

Brown 30

Chinn

Deeken

Dougherty

Smith 118

Spreng

 

 

 




            On motion of Representative Scharnhorst, HCS SB 1084 was read the third time and passed by the following vote:


AYES: 157

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bogetto

Bowman

Boykins

Bringer

Brooks

Brown 50

Bruns

Burnett

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Dake

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Frame

Franz

Fraser

George

Guest

Harris 23

Harris 110

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoemehl

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 150

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

 

Baker 25

Bean

Brown 30

Dougherty

Smith 118

Spreng

 

 

 

 


            Representative Cooper (120) declared the bill passed.


            The emergency clause was adopted by the following vote:


AYES: 155

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Bivins

Black

Bland

Bogetto

Bowman

Boykins

Bringer

Brooks

Brown 50

Bruns

Burnett

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Dake

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Frame

Franz

Fraser

George

Guest

Harris 23

Harris 110

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Scharnhorst

Schlottach

Schneider

Schoemehl

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Zweifel

Mr Speaker

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

 

Bean

Brown 30

Chappelle-Nadal

Dougherty

Jones

Schad

Spreng

Young

 

 


MESSAGE FROM THE SENATE


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 1022, as amended, and grants the House a conference thereon.

 

            Speaker Jetton resumed the Chair.


APPOINTMENT OF CONFERENCE COMMITTEE


            The Speaker appointed the following Conference Committee to act with a like committee from the Senate on the following bill:


SCS HCS HB 1022: Representatives Icet, Bearden, Robb, LeVota and Zweifel


            Representative Cooper (120) resumed the Chair.


            On motion of Representative Dempsey, the House recessed until 2:00 p.m.


AFTERNOON SESSION


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


            The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Joe Walker, Myles Freborg, Gunnar Diron, Malorie Barnett, Meridee Scott, Natasha Blackford, Darr Jenkins, Michael Taylor, Alan Schieber, Brittney Price, Ashton Simon, Jennifer Hayes, Nikki Pirch, Johnny Watterson and Sicily Mathenia.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 3111

                        through

            House Resolution No. 3124 - Representative Black

            House Resolution No. 3125

                        through

            House Resolution No. 3140 - Representative Moore

            House Resolution No. 3141 - Representative Quinn

            House Resolution No. 3142

                        and

            House Resolution No. 3143 - Representative Parson

            House Resolution No. 3144

                        through

            House Resolution No. 3146 - Representative Swinger

            House Resolution No. 3147

                        through

            House Resolution No. 3155 - Representative Schad

            House Resolution No. 3156 - Representative Day

            House Resolution No. 3157

                        and

            House Resolution No. 3158 - Representative May

            House Resolution No. 3159 - Representative Aull

            House Resolution No. 3160 - Representative Wasson

            House Resolution No. 3161 - Representative Guest

            House Resolution No. 3162 - Representative Smith (14)

            House Resolution No. 3163 - Representative Cunningham (86)


            Representative Nieves assumed the Chair.


THIRD READING OF SENATE BILL - CONSENT


            SB 1189, relating to the Holocaust Education Commission, was taken up by Representative Dempsey.


            On motion of Representative Dempsey, SB 1189 was truly agreed to and finally passed by the following vote:


AYES: 151

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Behnen

Black

Bland

Bogetto

Boykins

Bringer

Brooks

Bruns

Burnett

Casey

Chinn

Chappelle-Nadal

Cooper 120

Cooper 155

Corcoran

Cunningham 145

Cunningham 86

Curls

Dake

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Frame

Franz

Fraser

Guest

Harris 23

Harris 110

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Rupp

Salva

Sander

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoemehl

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wright 137

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 012

 

 

 

 

 

 

Bean

Bivins

Bowman

Brown 30

Brown 50

Cooper 158

George

Johnson 61

Parker

Sater

Spreng

Wood

 

 

 


            Representative Nieves declared the bill passed.


THIRD READING OF SENATE BILLS


            HCS SS#2 SCS SBs 1014 & 730, relating to election administration, was taken up by Representative Stevenson.


            Speaker Pro Tem Bearden resumed the Chair.


            Representative Harris (23) raised a point of order that the fiscal note on HCS SS#2 SCS SBs 1014 & 730 was appealed to revision to the Joint Committee on Legislative Research, Oversight Division pursuant to Section 23.140.


            The Chair ruled the point of order not well taken.


            Representative Stevenson offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill Nos. 1014 & 730, Section 115.002, Page 1, Line 1, by inserting after “115.002,” on said line the following:


              115.024,”; and


              Further amend said bill, Section 115.024, Page 3, Line 44, by inserting after said section the following:

 

              "115.124. 1. Notwithstanding any other law to the contrary, in a nonpartisan election in any political subdivision or special district except for municipal [and board of trustees of community college districts] elections, if the notice provided for in subsection 5 of section 115.127 has been published in at least one newspaper of general circulation in the district, and if the number of candidates who have filed for a particular office is equal to the number of positions in that office to be filled by the election, no election shall be held for such office, and the candidates shall assume the responsibilities of their offices at the same time and in the same manner as if they had been elected. Notwithstanding any other provision of law to the contrary, if at any election the number of candidates filing for a particular office exceeds the number of positions to be filled at such election, the election authority shall hold the election as scheduled, even if a sufficient number of candidates withdraw from such contest for that office so that the number of candidates remaining after the filing deadline is equal to the number of positions to be filled.

              2. The election authority or political subdivision responsible for the oversight of the filing of candidates in any nonpartisan election in any political subdivision or special district shall clearly designate where candidates shall form a line to effectuate such filings and determine the order of such filings; except that, in the case of candidates who file a declaration of candidacy with the election authority or political subdivision prior to 5:00 p.m. on the first day for filing, the election authority or political subdivision may determine by random drawing the order in which such candidates' names shall appear on the ballot. If a drawing is conducted pursuant to this subsection, it shall be conducted so that each candidate may draw a number at random at the time of filing. If such drawing is conducted, the election authority or political subdivision shall record the number drawn with the candidate's declaration of candidacy. If such drawing is conducted, the names of candidates filing on the first day of filing for each office on each ballot shall be listed in ascending order of the numbers so drawn."; and


              Further amend said bill, Section 115.427, Page 15, Lines 32 to 34, by deleting all of said lines and inserting in lieu thereof the following:


              (4) Any identification containing a photographic or digital image of the individual which is issued by the Missouri National Guard, the United States armed forces, or the United States Department of Veteran Affairs to a member or former member of the Missouri National Guard or the United States armed forces and that does not have an expiration date.”; and


              Further amend said bill, Section 115.445, Page 27, Line 17, by deleting from said line the word “Children” and inserting in lieu thereof the phrase “A child”; and


              Further amend said bill, Section 115.456, Page 30, Line 5, by deleting from said line the word “chad” and inserting in lieu thereof the word “chads”; and




              Further amend said bill, Section 115.631, Page 35, Line 82, by deleting from said line the word “threatened” and inserting in lieu thereof the phrase:


              threatening an”; and


              Further amend said bill, Section 115.631, Page 35, Line 84, by deleting the word “provide” and inserting in lieu thereof the word “providing”; and


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


            Representative Yates 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 Committee Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill Nos. 1014 & 730, Page 2, Line 29, by inserting after said line the following:


              "Further amend Section 115.456, Page 31, Line 43, by inserting after word “oval” on said line the following:


              or divided arrow”; and".


            Representative Harris (23) raised a point of order that House Amendment No. 1 to House Amendment No. 1 is not a true amendment to the amendment.


            The Chair ruled the point of order not well taken.


            Representative Donnelly offered House Substitute Amendment No. 1 for House Amendment No. 1 to House Amendment No. 1.


            Representative Yates raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 1 to House Amendment No. 1 is out of order and is in the third degree.


            Representative Pratt raised an additional point of order that House Substitute Amendment No. 1 for House Amendment No. 1 to House Amendment No. 1 is in violation of Rule 45(b).


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


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


            Representative Cooper (120) resumed the Chair.


            Representative Donnelly offered House Amendment No. 2 to House Amendment No. 1.




House Amendment No. 2

to

House Amendment No. 1


AMEND House Amendment No. 1 to House Committee Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill Nos. 1014 & 730, Page 2, Line 17, by inserting after said line:


              "Further amend Section 115.427, Page 17, Line 104, by inserting after the word “identification”:


              Notwithstanding any other provision of law, including but not limited to section 302.171, RSMo, and any administrative regulations interpreting said section, the department of revenue shall issue a nondriver’s license to any individual who can show proof of a request to the department of health for a birth certificate, but who has not been issued a birth certificate by the department of health within forty five days from the date that such request for the birth certificate was made, and who meets other requirements for receipt of a nondriver’s license.”; and".


            Representative Behnen assumed the Chair.


            Representative Cooper (120) resumed the Chair.


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


            Which motion was defeated by the following vote:


AYES: 068

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bogetto

Bowman

Boykins

Bringer

Brooks

Brown 50

Burnett

Casey

Chappelle-Nadal

Corcoran

Curls

Dake

Darrough

Daus

Donnelly

Dougherty

El-Amin

Frame

Fraser

Guest

Harris 23

Harris 110

Haywood

Henke

Hoskins

Hubbard

Hughes

Johnson 47

Johnson 61

Johnson 90

Jolly

Kratky

Kraus

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

Meadows

Meiners

Oxford

Page

Parker

Robinson

Roorda

Rucker

Salva

Schneider

Schoemehl

Shoemyer

Skaggs

Storch

Swinger

Villa

Wagner

Walsh

Walton

Whorton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

 

 

NOES: 086

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Behnen

Bivins

Chinn

Cooper 120

Cooper 155

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fisher

Flook

Franz

Hobbs

Hunter

Icet

Jackson

Jones

Kelly

Kingery

Lager

Lembke

Lipke

Loehner

Marsh

May

McGhee

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Ruestman

Rupp

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Self

Silvey

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Sutherland

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Fares

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

 

Bean

Black

Brown 30

Bruns

Cooper 158

George

Spreng

Vogt

 

 


            Representative Sanders Brooks offered House Amendment No. 3 to House Amendment No. 1.


House Amendment No. 3

to

House Amendment No. 1


AMEND House Amendment No. 1 to House Committee Substitute for Senate Substitute No. 2 to Senate Committee Substitute for Senate Bill Nos. 1014 & 730, by inserting after Page 2, Line 17, Section 115.427, the following:


“AMEND Page 16, Section 115.427, Line 93, by deleting all of said line and inserting in lieu thereof the following:


              "section. Such advance notice shall include, at a minimum, the use of advertisements and public service announcements in print, broadcast television, radio, and cable television media, as well as the posting of information on the opening pages of the official state Internet web sites of the secretary of state and governor."; and


              Further amend said bill, Page 19, Section 115.427, Line 184, by deleting the number “6" and insert in lieu thereof “5""; and


              Further amend said title, enacting clause and intersectional references accordingly.


            On motion of Representative Sanders Brooks, House Amendment No. 3 to House Amendment No. 1 was adopted.


            On motion of Representative Stevenson, House Amendment No. 1, as amended, was adopted.


            Representative Wagner offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill Nos. 1014 & 730, Section 115.024, Page 3, Line 44, by inserting after all of said line the following:


              “115.105. 1. The chair of the county committee of each political party named on the ballot shall have the right to designate a challenger for each polling place, who may be present during the hours of voting, and a challenger for each location at which absentee ballots are counted, who may be present while the ballots are being prepared for counting and counted. No later than four business days before the election, the chair of each county committee of each political party named on the ballot shall provide signed official designation forms with the names of the designated challengers and substitutes to the local election authority for confirmation of eligibility to serve as a challenger. The local election authority, after verifying the eligibility of each designated and substitute challenger, shall sign off on the official designation forms, unless the challenger is found not to have the qualifications established by subsection 5 of this section. If the election authority determines that a challenger does not meet the qualifications of subsection 5 of this section, the designating party chair may designate a replacement challenger and provide the local election authority with the name of the replacement challenger before 5:00 p.m. of the Monday preceding the election. The designating chair may substitute challengers at his or her discretion during such hours.

              2. Challenges may only be made when the challenger believes the election laws of this state have been or will be violated, and each challenger shall report any such belief to the election judges, or to the election authority if not satisfied with the decision of the election judges.

              3. Prior to the close of the polls, challengers may list and give out the names of those who have voted. The listing and giving out of names of those who have voted by a challenger shall not be considered giving information tending to show the state of the count.

              4. In a presidential primary election, challengers may collect information about the party ballot selected by the voter and may disclose party affiliation information after the polls close.

              5. All persons selected as challengers shall have the same qualifications required by section 115.085 for election judges, except that such challenger shall be a registered voter in the jurisdiction of the election authority for which the challenger is designated as a challenger.

              6. Challengers shall not have the authority to review a voters’ photographic identification for validity, but may make a challenge or report with the election judge regarding the validity of such identification. If the poll challenger is not satisfied with the decision of the election judge, then he or she may report their belief that the election laws of this state have been or will be violated to the election authority as allowed under section 115.105, RSMo.”; and


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


            Representative Stevenson 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 Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill Nos. 1014 & 730, Page 2, Section 115.105, Line 13, by deleting 13, 14 and on Line 15, the words “such identification period.”; and put in its place:


              Any challenge by a challenge to a voter’s identification for validity shall only be made to the election judge or other election authority.”.


            On motion of Representative Stevenson, House Amendment No. 1 to House Amendment No. 2 was adopted.


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


            Representative Smith (14) offered House Amendment No. 3.


House Amendment No. 3


AMEND House Committee Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill Nos. 1014 & 730, Page 12, Section 115.247, Lines 9 through 23, by deleting all of said lines and insert the following:


              “3. For each election, the election authority [shall] may provide for each polling place in its jurisdiction fifty-five ballots for each fifty and fraction of fifty voters registered in the voting district at the time of the election. The election authority shall keep a record of the exact number of ballots delivered to each polling place. For purposes of this subsection, the election authority shall not be required to count registered voters designated as inactive pursuant to section 115.193.”; and


              Further amend said bill, Page 13, Section 115.247, Line 25, by placing an opening bracket “[“ before the word “All”; and


              Further amend said bill, Page 13, Section 115.247, Line 28, by placing a closing bracket “]” after the word “authority.”; and


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


            Speaker Jetton resumed the Chair


            Representative Bearden offered House Amendment No. 1 to House Amendment No. 3.


House Amendment No. 1

to

House Amendment No. 3


AMEND House Amendment No. 3 to House Committee Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill Nos. 1014 & 730, Page 1, Line 4, by inserting after the words “each election,”on said line the following:


              held in a county with a charter form of government”; and


              Further amend said amendment, Page 1, Line 6, by inserting after the word “election.”on said line the following:

              For each election except a general election held in any county without a charter form of government, the election authority shall provide for each polling place in its jurisdiction a number of ballots equal to at least one and one-third times the number of ballots cast in the voting district served by such polling place at the election held two years before at that polling place or at the polling place that served the voting district in the previous election. For each general election held in any county without a charter form of government, the election authority shall provide for each polling place in its jurisdiction a number of ballots equal to at least one and one-third times the number of ballots cast in the voting district served by such polling place or at the polling place that served the voting district in the general election held four years prior. When determining the number of ballots to provide for each polling place, the election authority shall consider any factors that would affect the turnout at such polling place."; and


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


            On motion of Representative Bearden, House Amendment No. 1 to House Amendment No. 3 was adopted by the following vote:


AYES: 093

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Behnen

Bivins

Black

Bruns

Chinn

Cooper 120

Cooper 155

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Guest

Hobbs

Hunter

Icet

Jackson

Johnson 47

Jones

Kelly

Kingery

Kraus

Lager

Lembke

Lipke

Loehner

Marsh

May

McGhee

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Ruestman

Rupp

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Self

Silvey

Smith 14

Smith 118

Smith 150

Stevenson

Sutherland

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

NOES: 063

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bogetto

Bowman

Boykins

Bringer

Brooks

Brown 50

Burnett

Casey

Chappelle-Nadal

Corcoran

Curls

Dake

Daus

Donnelly

Dougherty

El-Amin

Frame

Fraser

George

Harris 23

Harris 110

Henke

Hoskins

Hubbard

Hughes

Johnson 61

Johnson 90

Jolly

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

Meadows

Meiners

Oxford

Page

Robinson

Roorda

Rucker

Salva

Schoemehl

Shoemyer

Skaggs

Storch

Swinger

Villa

Vogt

Wagner

Walsh

Walton

Whorton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Bean

Brown 30

Cooper 158

Darrough

Haywood

Spreng

St. Onge

 

 

 


            Representative Dempsey moved the previous question.


            Which motion was adopted by the following vote:


AYES: 094

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Behnen

Bivins

Black

Bruns

Chinn

Cooper 120

Cooper 155

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Guest

Hobbs

Hunter

Icet

Jackson

Johnson 47

Jones

Kelly

Kingery

Kraus

Lager

Lembke

Lipke

Loehner

Marsh

May

McGhee

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Ruestman

Rupp

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Self

Silvey

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Sutherland

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 137

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

NOES: 061

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bogetto

Bowman

Boykins

Bringer

Brooks

Brown 50

Burnett

Chappelle-Nadal

Corcoran

Curls

Dake

Darrough

Daus

Donnelly

El-Amin

Frame

Fraser

George

Harris 23

Harris 110

Haywood

Hoskins

Hubbard

Hughes

Johnson 61

Johnson 90

Jolly

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

Meadows

Meiners

Oxford

Page

Robinson

Roorda

Rucker

Salva

Schoemehl

Shoemyer

Skaggs

Storch

Swinger

Villa

Vogt

Wagner

Walsh

Walton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

 

 

 

 

PRESENT: 004

 

 

 

 

 

 

 

 

 

Casey

Dougherty

Henke

Whorton

 

 

 

 

 

 

ABSENT WITH LEAVE: 004

 

 

 

 

 

 

Bean

Brown 30

Cooper 158

Spreng

 


            On motion of Representative Smith (14), House Amendment No. 3, as amended, was adopted.


            Representative Johnson (61) offered House Amendment No. 4.


House Amendment No. 4


AMEND House Committee Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill Nos. 1014 & 730, Section 115.024, Page 3, Line 44, by inserting after said line the following:


              “115.133. 1. Except as provided in subsection 2 of this section, any citizen of the United States who is a resident of the state of Missouri and seventeen years and six months of age or older shall be entitled to register and to vote in any election which is held on or after his eighteenth birthday.

              2. No person who is adjudged incapacitated shall be entitled to register or vote. No person shall be entitled to vote:

              (1) While confined under a sentence of imprisonment;

              [(2) While on probation or parole after conviction of a felony, until finally discharged from such probation or parole;] or

              [(3)] (2) After conviction of a felony or misdemeanor connected with the right of suffrage.

              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 jurisdiction of his or her residence prior to the deadline to register to vote.”; and


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


            Representative Johnson (61) moved that House Amendment No. 4 be adopted.


            Which motion was defeated by the following vote:


AYES: 026

 

 

 

 

 

 

 

 

 

Baker 25

Bland

Bowman

Boykins

Brooks

Brown 50

Chappelle-Nadal

Curls

Daus

Dougherty

El-Amin

Fraser

George

Haywood

Hoskins

Hubbard

Hughes

Johnson 61

Kratky

Low 39

Lowe 44

Oxford

Vogt

Walsh

Walton

Wright-Jones

 

 

 

 

 

 

 

 

 

NOES: 128

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Bearden

Behnen

Bivins

Black

Bogetto

Bringer

Bruns

Casey

Chinn

Cooper 120

Cooper 155

Corcoran

Cunningham 145

Cunningham 86

Dake

Darrough

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Frame

Franz

Guest

Harris 110

Henke

Hobbs

Hunter

Icet

Johnson 47

Johnson 90

Jones

Kelly

Kingery

Kraus

Kuessner

Lager

Lampe

Lembke

Liese

Lipke

Loehner

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoemehl

Self

Shoemyer

Silvey

Skaggs

Smith 14

Smith 118

Smith 150

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Wagner

Wallace

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 137

Wright 159

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

 

Bean

Brown 30

Burnett

Cooper 158

Harris 23

Jackson

Jolly

LeVota

Spreng

 


            Representative Pratt offered House Amendment No. 5.


House Amendment No. 5


AMEND House Committee Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill Nos. 1014 & 730, Pages 35 to 37, Section 115.637, Lines 1 to 76, by deleting all of said section; and


              Further amend said title, enacting clause and intersectional references accordingly.


            Representative Cooper (120) resumed the Chair.


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


            Representative Low (39) offered House Amendment No. 6.


House Amendment No. 6


AMEND House Committee Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill Nos. 1014 & 730, Page 38, Section B, Lines 1-6, by deleting all of said section and replacing in lieu thereof the following:


              “Section B. The provisions of this bill shall become effective on July 1, 2008.".


            Representative Skaggs offered House Substitute Amendment No. 1 for House Amendment No. 6.


            Representative Flook raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 6 goes beyond the scope of the underlying amendment and underlying bill.


            Representative Cooper (120) requested a parliamentary ruling.


            The Parliamentary Committee ruled the point of order well taken.

 

Speaker Jetton resumed the Chair.


            Representative Low (39) moved that House Amendment No. 6 be adopted.


            Which motion was defeated by the following vote:


AYES: 073

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Black

Bland

Bogetto

Bowman

Boykins

Bringer

Brooks

Brown 50

Burnett

Casey

Chappelle-Nadal

Corcoran

Curls

Dake

Darrough

Daus

Donnelly

Dougherty

El-Amin

Frame

Fraser

George

Guest

Harris 23

Harris 110

Haywood

Henke

Hubbard

Hughes

Johnson 47

Johnson 61

Johnson 90

Jolly

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

McGhee

Meadows

Meiners

Oxford

Page

Parker

Pearce

Robinson

Roorda

Rucker

Salva

Schoemehl

Shoemyer

Skaggs

Smith 150

Storch

Swinger

Villa

Vogt

Wagner

Walsh

Walton

Whorton

Wildberger

Witte

Wright 137

Wright-Jones

Yaeger

Young

Zweifel

 

 

 

 

 

 

 

NOES: 084

 

 

 

 

 

 

 

 

 

Baker 123

Bearden

Behnen

Bivins

Bruns

Chinn

Cooper 120

Cooper 155

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Hobbs

Hoskins

Hunter

Icet

Jones

Kelly

Kingery

Kraus

Lager

Lembke

Lipke

Loehner

Marsh

May

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parson

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Ruestman

Rupp

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Self

Silvey

Smith 14

Smith 118

Stevenson

St. Onge

Sutherland

Threlkeld

Tilley

Viebrock

Wallace

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

 

Bean

Brown 30

Cooper 158

Jackson

Spreng

Wasson

 

 

 

 


            HCS SS#2 SCS SBs 1014 & 730, as amended, was laid over.


REFERRAL OF SENATE BILL


            The following Senate Bill was referred to the Committee indicated:


HCS SB 805 - Fiscal Review (Fiscal Note)


COMMITTEE REPORTS


            Committee on Crime Prevention and Public Safety, Chairman Lipke reporting:


            Mr. Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred SS SCS SBs 588, 557, 579, 563, 869, 619, 570, 753, 764, 782, 783 & 890, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred SB 770, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred SB 873, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.




            Mr. Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred SCS SBs 1185, 1163, 1174, 1200 & 1225, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred HCS SCS SB 1221, begs leave to report it has examined the same and recommends that the House Committee Substitute No. 2 Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Committee on Utilities, Chairman Rector reporting:


            Mr. Speaker: Your Committee on Utilities, to which was referred SCS SBs 1031 & 846, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Utilities, to which was referred SB 1037, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Committee on Veterans, Chairman Jackson reporting:


            Mr. Speaker: Your Committee on Veterans, to which was referred SJR 26, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Committee on Ways and Means, Chairman Sutherland reporting:


            Mr. Speaker: Your Committee on Ways and Means, to which was referred SCS SB 1140, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Committee on Rules, Chairman Cooper (120) reporting:


            Mr. Speaker: Your Committee on Rules, to which was referred HCS SB 977, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


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 SCS HCS HB 977, entitled:


            An act to repeal section 79.060, RSMo, and to enact in lieu thereof one new section relating to the board of aldermen in fourth class cities.


            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 adopted the Conference Committee Report on SCS HB 1009, and has taken up and passed CCS SCS HB 1009.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted the Conference Committee Report on SCS HCS HB 1010, and has taken up and passed CCS SCS HCS HB 1010.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted the Conference Committee Report on SCS HCS HB 1011, and has taken up and passed CCS SCS HCS HB 1011.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted the Conference Committee Report on SCS HCS HB 1012, and has taken up and passed CCS SCS HCS HB 1012.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted the Conference Committee Report on SCS HB 1013, and has taken up and passed CCS SCS HB 1013.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HCS HB 1021.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House on SCS HCS HB 1022, as amended: Senators Gross, Gibbons, Shields, Graham and Wheeler.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SCS HCS HB 1306, entitled:


            An act to repeal sections 32.040, 32.051, 70.600, 70.615, 86.254, 86.330, 86.333, 86.337, 86.340, 86.590, 87.120, 87.325, 87.330, 87.335, 87.340, 87.345, 104.010, 104.040, 104.335, 104.340, 104.342, 104.344, 104.352, 104.354, 104.378, 104.380, 104.395, 104.410, 104.450, 104.490, 104.601, 104.620, 104.621, 104.805, 104.1003, 104.1012, 104.1015, 104.1021, 104.1024, 104.1027, 104.1030, 104.1042, 104.1060, 104.1072, 104.1090, 104.1200, 104.1205, 104.1215, 105.268, 105.660, 105.665, 105.935, 320.320, and 476.682, RSMo, and to enact in lieu thereof fifty-nine new sections relating to state employee benefits, with penalty provisions.


            With Senate Amendment No. 1, Senate Amendment No. 2, Senate Amendment No. 3, Senate Amendment No. 4, Senate Amendment No. 6 and Senate Amendment No. 7.


Senate Amendment No. 1


AMEND Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1306, Page 127, Section 105.684, Line 5 of said page, by striking all of said line; and


              Further amend Line 16 of said page, by striking "seventy-five" and inserting in lieu thereof the following:


              "one hundred".


Senate Amendment No. 2


AMEND Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1306, Page 8, Section 70.615, Line 20, by inserting immediately after said line the following:


              "70.655. 1. Upon a member's retirement he or she shall receive an allowance for life in accordance with the applicable benefit program elected by the member's employer, as follows:

              (1) Benefit program L-1. A member with credited service covered by benefit program L-1 shall receive an allowance for life equal to one percent of the member's final average salary multiplied by the number of years of such credited service;

              (2) Benefit program L-3. A member with credited service covered by benefit program L-3 shall receive an allowance for life equal to one and one-quarter percent of the member's final average salary multiplied by the number of years of such credited service;

              (3) Benefit program LT-4. A member with credited service covered by benefit program LT-4 shall receive an allowance for life equal to one percent of the member's final average salary multiplied by the number of years of such credited service. In addition, if such member is retiring as provided in section 70.645 or section 70.650 or section 70.670, and if such member's age at retirement is younger than age sixty-two, then such member shall receive a temporary allowance equal to one percent of the member's final average salary multiplied by the number of years of such credited service. Such temporary allowance shall terminate at the end of the calendar month in which the earlier of the following events occurs: such member's death; or the member's attainment of age sixty-two;

              (4) Benefit program LT-5. A member with credited service covered by benefit program LT-5 shall receive an allowance for life equal to one and one-quarter percent of the member's final average salary multiplied by the number of years of such credited service. In addition, if such member is retiring as provided in section 70.645 or section 70.650 or section 70.670, and if such member's age at retirement is younger than age sixty-two, then such member shall receive a temporary allowance equal to three-quarters of one percent of the member's final average salary multiplied by the number of years of such credited service. Such temporary allowance shall terminate at the end of the calendar month in which the earlier of the following events occurs: such member's death; or the member's attainment of age sixty-two;

              (5) Benefit program L-6. A member with credited service covered by benefit program L-6 shall receive an allowance for life equal to two percent of the member's final average salary multiplied by the number of years of such credited service;

              (6) Benefit program L-7. A membe