Journal of the House


Second Regular Session, 95th General Assembly




SEVENTIETH DAY, Thursday, May 13, 2010

The House met pursuant to adjournment.


            Speaker Richard in the Chair.


            Prayer by Msgr. Donald W. Lammers.


"Dew and rain, bless the Lord;

Praise and exalt him above all forever."

(Daniel 3:68)


              Lord God, we pray for those who are suffering from too much rain, from floodwaters and from tornados. And we pray for those working to stop the oil spill off the Gulf Coast; give them the strength and knowledge they need to get control of this disaster. War is a disaster, every war. Turn hearts that hate toward understanding . Guide leaders of nations to remove every injustice and evil that lead to war. Protect our armed forces and all whose lives are threatened by war and violence.


              We thank You for the stability and peace in our lives. We pray for the grace to serve well the people of our State until the very end of this legislative Session.


              We pray to You, Almighty God, living and reigning forever. 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: Danielle Cardwell, Madison Craighead, Kennan Huckleberry, Joseph Ferrell, McKenna Rackers, Kallie Schumann, Connor Ernst, Maddison Markland, Cole Hazelhorst, Jacob Eickhorst, Olivia Johanns, Rebecca Johanns, Damon Johanns, Benjamin Lee Van Amburg, Corey Boothby and Patty Goss.


            The Journal of the sixty-ninth day was approved as printed.


SPECIAL RECOGNITION


            Msgr. Donald W. Lammers was presented a resolution by Representatives Deeken and Bruns and recognized for his years of service as Chaplain to the Missouri House of Representatives.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 3354 through House Resolution No. 3370




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 SS HB 2290, entitled:


            An act to repeal section 208.010, RSMo, and to enact in lieu thereof two new sections relating to public assistance benefits.


            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 HCS SCS SB 583, as amended, and has taken up and passed HCS SCS SB 583, as amended.


            Mr. Speaker: I am instructed by the Senate to inform the House that the Senate refuses to adopt the CCR on HCS for SCS for SB 754, as amended, and requests the House to grant further conference.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SCS SB 808, as amended, and requests the House to recede from its position and failing to do so grant the Senate a conference thereon and that the conferees be allowed to exceed the differences on HA 4, as amended.


BILL CARRYING REQUEST MESSAGE


            HCS SB 741, as amended, relating to elections, was taken up by Representative Dugger.


            Representative Dugger moved that the House refuse to recede from its position on HCS SB 741, as amended, and grant the Senate a conference.


            Which motion was adopted.

 

Speaker Pro Tem Pratt assumed the Chair.


HOUSE BILL WITH SENATE AMENDMENTS


            SS#2 SCS HCS#2 HB 1543, as amended, relating to elementary and secondary education, was taken up by Representative Wallace.


            Representative Wallace moved that the House refuse to adopt SS#2 SCS HCS#2 HB 1543, as amended, and request the Senate to recede from its position and, failing to do so, grant the House a conference.


            Which motion was adopted.




THIRD READING OF SENATE BILL


            HCS SS SB 1007, relating to public assistance programs, was taken up by Representative Cooper.


            Representative Sater offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for Senate Substitute for Senate Bill No. 1007, Section 208.895, Pages 37-38, Lines 25-44, by deleting all of said lines and insert in lieu thereof the following:


              “2. The department of health and senior services may contract for initial home and community based assessments, including a care plan, through an independent third-party assessor. The contract shall include a requirement that:

              (1)  Within fifteen days of receipt of a referral for service, the contractor shall have made a face-to-face assessment of care need and developed a plan of care; and

              (2) The contractor notify the referring entity within five days of receipt of referral if additional information is needed to process the referral.


The contract shall also include the same requirements for such assessments as of January 1, 2010, related to timeliness of assessments and the beginning of service. The contract shall be bid under chapter 34 and shall not be a risk-based contract.

              3. The two nurse visits authorized by section 660.300.16, RSMo shall continue to be performed by home and community based providers for including, but not limited to, reassessment and level of care recommendations. These reassessments and care plan changes shall be reviewed and approved by the independent third party assessor. In the event of dispute over the level of care required, the third party assessor will conduct a face to face review with the client in question.

              4. The provisions of this section shall expire three years after the effective date of this section.”; and


              Further amend said bill, Section 208.909, Page 40, Line 74, by inserting after all of said line the following:


              6. In the event that a consensus between centers for independent living and representatives from the executive branch cannot be reached, the telephony report issued to the General Assembly and governor shall include a minority report which will detail those elements of substantial dissent from the main report.

              7. No interested party, including a center for independent living, shall be required to contract with any particular vendor or provider of telephony services nor bear the full cost of the pilot program.”; and


              Further amend said bill, Section 660.023, Pages 40-41, Lines 1 and 4, by deleting the year “2012" and insert in lieu thereof the year “2015"; and


              Further amend said bill and section, Page 41, Line 29, by inserting after all of said line the following:


              5. The department of health and senior services, in collaboration with other appropriate agencies, including in-home services providers, shall establish telephone tracking system pilot projects, implemented in two regions of the state, with one in an urban area and one in a rural area. Each pilot project shall meet the requirements of this section and section 208.918. The department of health and senior services shall, by December 31, 2013, submit a report to the governor and general assembly detailing the outcomes of these pilot projects. The report shall take into consideration the impact of a telephone tracking system on the quality of the services delivered to the consumer and the principles of self-directed care.

              6. In the event that a consensus between in-home service providers and representatives from the executive branch cannot be reached, the telephony report issued to the General Assembly and governor shall include a minority report which will detail those elements of substantial dissent from the main report.

              7. No interested party, including in-home service providers, shall be required to contract with any particular vendor or provider of telephony services nor bear the full cost of the pilot program.”; and


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


            Representative Tilley moved the previous question.


            Which motion was adopted by the following vote:


AYES: 087

 

 

 

 

 

 

 

 

 

Allen

Ayres

Bivins

Brandom

Brown 30

Brown 149

Bruns

Burlison

Cooper

Cox

Cunningham

Davis

Day

Deeken

Denison

Dethrow

Dieckhaus

Diehl

Dixon

Dugger

Dusenberg

Emery

Ervin

Faith

Fisher 125

Flook

Franz

Funderburk

Gatschenberger

Grisamore

Guernsey

Guest

Hobbs

Hoskins 121

Icet

Jones 89

Jones 117

Keeney

Kingery

Koenig

Kraus

Lair

Largent

Leara

Lipke

Loehner

McGhee

McNary

Molendorp

Munzlinger

Nance

Nieves

Nolte

Parkinson

Parson

Pollock

Pratt

Riddle

Ruestman

Ruzicka

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

Stream

Sutherland

Thomson

Tilley

Tracy

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wright

Zerr

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 072

 

 

 

 

 

 

 

 

 

Atkins

Aull

Biermann

Bringer

Brown 50

Burnett

Calloway

Casey

Chappelle-Nadal

Colona

Conway

Corcoran

Curls

Dougherty

Englund

Fallert

Fischer 107

Frame

Grill

Harris

Hodges

Holsman

Hoskins 80

Hughes

Hummel

Jones 63

Kander

Kelly

Kirkton

Komo

Kratky

Kuessner

Lampe

LeBlanc

LeVota

Liese

Low

McClanahan

McDonald

McNeil

Meiners

Morris

Nasheed

Newman

Norr

Oxford

Pace

Quinn

Roorda

Rucker

Salva

Scavuzzo

Schieffer

Schoemehl

Schupp

Shively

Skaggs

Spreng

Still

Storch

Swinger

Talboy

Todd

Vogt

Walsh

Walton Gray

Webb

Webber

Whitehead

Witte

Yaeger

Zimmerman

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 003

 

 

 

 

 

 

Carter

Flanigan

Meadows

 

 

 

 

 

 

 

VACANCIES: 001


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


            Representative Silvey offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for Senate Substitute for Senate Bill No. 1007, Page 660.300, Page 45, Line 117, by inserting after all of said section and line the following:


              “660.425. 1. In addition to all other fees and taxes required or paid, a tax is hereby imposed upon in-home services providers for the privilege of providing in-home services [under chapter 208, RSMo]. The tax is imposed upon payments received by an in-home services provider for the provision of in-home services [under chapter 208, RSMo].

              2. For purposes of sections 660.425 to 660.465, the following terms shall mean:

              (1) "Engaging in the business of providing in-home services", all payments received by an in-home services provider for the provision of in-home services [under chapter 208, RSMo];

              (2) "In-home services", homemaker services, personal care services, chore services, respite services, consumer-directed services, and services, when provided in the individual's home and under a plan of care created by a physician, necessary to keep children out of hospitals. "In-home services" shall not include home health services as defined by federal and state law;

              (3) "In-home services provider", any provider or vendor, as defined in section 208.900, RSMo, of compensated in-home services [under chapter 208, RSMo], and under a provider agreement or contracted with the department of social services or the department of health and senior services.


              660.430. 1. Each in-home services provider in this state providing in-home services [under chapter 208, RSMo,] shall, in addition to all other fees and taxes now required or paid, pay an in-home services gross receipts tax, not to exceed six and one-half percent of gross receipts, for the privilege of engaging in the business of providing in-home services in this state.

              2. Each in-home services provider's tax shall be based on a formula set forth in rules promulgated by the department of social services. 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, 2009, shall be invalid and void.

              3. The director of the department of social services or the director's designee may prescribe the form and contents of any forms or other documents required by sections 660.425 to 660.465.

              4. Notwithstanding any other provision of law to the contrary, appeals regarding the promulgation of rules under this section shall be made to the circuit court of Cole County. The circuit court of Cole County shall hear the matter as the court of original jurisdiction.


              660.435. 1. For purposes of assessing the tax under sections 660.425 to 660.465, the department of health and senior services shall make available to the department of social services a list of all providers and vendors under this section.

              2. Each in-home services provider subject to sections 660.425 to 660.465 shall keep such records as may be necessary to determine the total payments received for the provision of in-home services [under chapter 208, RSMo,] by the in-home services provider. Every in-home services provider shall submit to the department of social services a statement that accurately reflects such information as is necessary to determine such in-home services provider's tax due.

              3. The director of the department of social services may prescribe the form and contents of any forms or other documents required by this section.

              4. Each in-home services provider shall report the total payments received for the provision of in-home services [under chapter 208, RSMo,] to the department of social services.


              660.445. 1. The determination of the amount of tax due shall be the total amount of payments reported to the department multiplied by the tax rate established by rule by the department of social services.

              2. The department of social services shall notify each in-home services provider of the amount of tax due. Such amount may be paid in increments over the balance of the assessment period.

              3. The department of social services may adjust the tax due quarterly on a prospective basis. The department of social services may adjust the tax due more frequently for individual providers if there is a substantial and statistically significant change in the in-home services provided or in the payments received for such services provided [under chapter 208, RSMo]. The department of social services may define such adjustment criteria by rule.


              660.455. 1. The in-home services tax owed or, if an offset has been made, the balance after such offset, if any, shall be remitted by the in-home services provider to the department of social services. The remittance shall be made payable to the director of the department of social services and shall be deposited in the state treasury to the credit of the "In-home Services Gross Receipts Tax Fund" which is hereby created to provide payments for in-home services provided [under chapter 208, RSMo]. All investment earnings of the fund shall be credited to the fund.

              2. An offset authorized by section 660.450 or a payment to the in-home services gross receipts tax fund shall be accepted as payment of the obligation set forth in section 660.425.

              3. The state treasurer shall maintain records showing the amount of money in the in-home services gross receipts tax fund at any time and the amount of investment earnings on such amount.

              4. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, any unexpended balance in the in-home services gross receipts tax fund at the end of the biennium shall not revert to the credit of the general revenue fund.


              660.460. 1. The department of social services shall notify each in-home services provider with a tax due of more than ninety days of the amount of such balance. If any in-home services provider fails to pay its in-home services tax within thirty days of such notice, the in-home services tax shall be delinquent.

              2. If any tax imposed under sections 660.425 to 660.465 is unpaid and delinquent, the department of social services may proceed to enforce the state's lien against the property of the in-home services provider and compel the payment of such assessment in the circuit court having jurisdiction in the county where the in-home services provider is located. In addition, the department of social services may cancel or refuse to issue, extend, or reinstate a Medicaid provider agreement to any in-home services provider that fails to pay the tax imposed by section 660.425.

              3. Failure to pay the tax imposed under section 660.425 shall be grounds for failure to renew a provider agreement for services [under chapter 208, RSMo,] or failure to renew a provider contract. The department of social services may revoke the provider agreement of any in-home services provider that fails to pay such tax, or notify the department of health and senior services to revoke the provider contract.


              660.465. 1. The in-home services tax required by sections 660.425 to 660.465 shall expire:

              (1) Ninety days after any one or more of the following conditions are met:

              (a) The aggregate in-home services fee as appropriated by the general assembly paid to in-home services providers for in-home services provided [under chapter 208, RSMo,] is less than the fiscal year 2010 in-home services fees reimbursement amount; or

              (b) The formula used to calculate the reimbursement as appropriated by the general assembly for in-home services provided is changed resulting in lower reimbursement to in-home services providers in the aggregate than provided in fiscal year 2010; or

              (2) September 1, [2011] 2012.

The director of the department of social services shall notify the revisor of statutes of the expiration date as provided in this subsection.

              2. Sections 660.425 to 660.465 shall expire on September 1, [2011] 2012.”; and


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


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


            Representative Silvey offered House Amendment No. 3.




House Amendment No. 3


AMEND House Committee Substitute for Senate Substitute for Senate Bill No. 1007, Section 208.027, Page 20, Line 37, by inserting after all of said section and line the following:


              208.046. 1. The children's division shall promulgate rules to become effective no later than July 1, 2011, to modify the income eligibility criteria for any person receiving state-funded child care assistance under this chapter, either through vouchers or direct reimbursement to child care providers, as follows:

              (1) Child care recipients eligible under this chapter and the criteria set forth in 13 CSR 35-32.010, may pay a fee based on adjusted gross income and family size unit based on a child care sliding fee scale established by the children's division, which shall be subject to appropriations. However, a person receiving state-funded child care assistance under this chapter and whose income surpasses the annual appropriation level may continue to receive reduced subsidy benefits on a scale established by the children's division, at which time such person will have assumed the full cost of the maximum base child care subsidy rate established by the children's division and shall be no longer eligible for child care subsidy benefits;

              (2) The sliding scale fee may be waived for children with special needs as established by the division; and

              (3) The maximum payment by the division shall be the applicable rate minus the applicable fee.

              2. For purposes of this section, "annual appropriation level" shall mean the maximum income level to be eligible for a full child care benefit as determined through the annual appropriations process.

              3. Any rule or portion of a rule, as that term is defined in section 536.010, 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, and, if applicable, section 536.028. This section and chapter 536, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, 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, 2010, shall be invalid and void.”; and


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


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


            Representative Dougherty offered House Amendment No. 4.


House Amendment No. 4


AMEND House Committee Substitute for Senate Substitute for Senate Bill No. 1007, Section 148.380, Page 12, Line 45, by inserting after all of said line the following:


              “167.194. 1. Beginning July 1, 2008, every child enrolling in kindergarten or first grade in a public elementary school in this state shall receive one comprehensive vision examination performed by a state licensed optometrist or physician. Evidence of the examination shall be submitted to the school no later than January first of the first year in which the student is enrolled at the school, provided that the evidence submitted in no way violates any provisions of Public Law 104-191, 42 U.S.C. 201, et seq, Health Insurance Portability and Accountability Act of 1996.

              2. The state board of education, in conjunction with the department of health and senior services, shall promulgate rules establishing the criteria for meeting the requirements of subsection 1 of this section, which may include, but are not limited to, forms or other proof of such examination, or other rules as are necessary for the enforcement of this section. The form or other proof of such examination shall include but not be limited to identifying the result of the examinations performed under subsection 4 of this section, the cost for the examination, the examiner's qualifications, and method of payment through either:

              (1) Insurance;

              (2) The state Medicaid program;

              (3) Complimentary; or

              (4) Other form of payment.

              3. The department of elementary and secondary education, in conjunction with the department of health and senior services, shall compile and maintain a list of sources to which children who may need vision examinations or children who have been found to need further examination or vision correction may be referred for treatment on a free or reduced-cost basis. The sources may include individuals, and federal, state, local government, and private programs. The department of elementary and secondary education shall ensure that the superintendent of schools, the principal of each elementary school, the school nurse or other person responsible for school health services, and the parent organization for each district elementary school receives an updated copy of the list each year prior to school opening. Professional and service organizations concerned with vision health may assist in gathering and disseminating the information, at the direction of the department of elementary and secondary education.

              4. For purposes of this section, the following comprehensive vision examinations shall include but not be limited to:

              (1) Complete case history;

              (2) Visual acuity at distance (aided and unaided);

              (3) External examination and internal examination (ophthalmoscopic examination);

              (4) Subjective refraction to best visual acuity.

              5. Findings from the evidence of examination shall be provided to the department of health and senior services and kept by the optometrist or physician for a period of seven years.

              6. In the event that a parent or legal guardian of a child subject to this section shall submit to the appropriate school administrator a written request that the child be excused from taking a vision examination as provided in this section, that child shall be so excused.

              7. [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 on June 30, 2012, 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 eight 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.] Pursuant to section 23.253 of the Missouri sunset act, the provisions of the program authorized under this section are hereby reauthorized and shall automatically sunset on June 30, 2020.”; and


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


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


            Representative Burlison offered House Amendment No. 5.


House Amendment No. 5


AMEND House Committee Substitute for Senate Substitute for Senate Bill No. 1007, Page 13, Section 172.850, Line 7, by inserting after all of said line the following:


              “191.227. 1.  All physicians, chiropractors, hospitals, dentists, and other duly licensed practitioners in this state, herein called "providers", shall, upon written request of a patient, or guardian or legally authorized representative of a patient, furnish a copy of his or her record of that patient's health history and treatment rendered to the person submitting a written request, except that such right shall be limited to access consistent with the patient's condition and sound therapeutic treatment as determined by the provider. Beginning August 28, 1994, such record shall be furnished within a reasonable time of the receipt of the request therefor and upon payment of a fee as provided in this section.

              2. For purposes of this chapter, a written request may include an electronic communication, to the extent that the provider chooses to and is prepared to respond to an electronic communication requesting the patient’s health history and treatment record. Any request or release of such records shall comply with applicable privacy and security provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its regulations and applicable state law and regulations.

              3. Health care providers may condition the furnishing of the patient's health care records to the patient, the patient's authorized representative or any other person or entity authorized by law to obtain or reproduce such records upon payment of a fee for:

              (1)  Copying, in an amount not more than seventeen dollars and five cents plus forty cents per page for the cost of supplies and labor;

              (2) Postage, to include packaging and delivery cost; and

              (3) Notary fee, not to exceed two dollars, if requested.

              3. Notwithstanding provisions of this section to the contrary, providers may charge for the reasonable cost of all duplications of health care record material or information which cannot routinely be copied or duplicated on a standard commercial photocopy machine. 

              4. The transfer of the patient's record done in good faith shall not render the provider liable to the patient or any other person for any consequences which resulted or may result from disclosure of the patient's record as required by this section. 

              5. Effective February first of each year, the fees listed in subsection 2 of this section shall be increased or decreased annually based on the annual percentage change in the unadjusted, U.S. city average, annual average inflation rate of the medical care component of the Consumer Price Index for All Urban Consumers (CPI-U). The current reference base of the index, as published by the Bureau of Labor Statistics of the United States Department of Labor, shall be used as the reference base.  For purposes of this subsection, the annual average inflation rate shall be based on a twelve-month calendar year beginning in January and ending in December of each preceding calendar year.  The department of health and senior services shall report the annual adjustment and the adjusted fees authorized in this section on the department's Internet web site by February first of each year.”; and


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


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


            Representative Tilley moved the previous question.


            Which motion was adopted by the following vote:


AYES: 086

 

 

 

 

 

 

 

 

 

Allen

Ayres

Bivins

Brandom

Brown 30

Brown 149

Bruns

Burlison

Cooper

Cox

Cunningham

Davis

Day

Deeken

Denison

Dethrow

Dieckhaus

Diehl

Dixon

Dugger

Dusenberg

Emery

Ervin

Faith

Fisher 125

Flook

Franz

Funderburk

Gatschenberger

Grisamore

Guernsey

Guest

Hobbs

Hoskins 121

Icet

Jones 89

Jones 117

Keeney

Kingery

Koenig

Kraus

Lair

Largent

Leara

Lipke

Loehner

McGhee

McNary

Molendorp

Munzlinger

Nance

Nasheed

Nieves

Nolte

Parson

Pratt

Riddle

Ruestman

Ruzicka

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

Stream

Sutherland

Thomson

Tilley

Tracy

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wright

Zerr

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 070

 

 

 

 

 

 

 

 

 

Atkins

Aull

Biermann

Bringer

Brown 50

Burnett

Calloway

Casey

Chappelle-Nadal

Colona

Conway

Corcoran

Curls

Dougherty

Englund

Fallert

Fischer 107

Frame

Grill

Harris

Hodges

Holsman

Hoskins 80

Hughes

Hummel

Jones 63

Kander

Kelly

Kirkton

Komo

Kratky

Kuessner

Lampe

LeBlanc

LeVota

Liese

Low

McClanahan

McDonald

McNeil

Meiners

Morris

Newman

Norr

Oxford

Pace

Quinn

Roorda

Rucker

Salva

Scavuzzo

Schieffer

Schoemehl

Schupp

Shively

Skaggs

Spreng

Still

Storch

Swinger

Talboy

Todd

Walsh

Walton Gray

Webb

Webber

Whitehead

Witte

Yaeger

Zimmerman

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

 

Carter

Flanigan

Meadows

Parkinson

Pollock

Vogt

 

 

 

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Cooper, HCS SS SB 1007, as amended, was adopted.


            On motion of Representative Cooper, HCS SS SB 1007, as amended, was read the third time and passed by the following vote:


AYES: 124

 

 

 

 

 

 

 

 

 

Allen

Aull

Ayres

Biermann

Bivins

Brandom

Bringer

Brown 30

Brown 50

Brown 149

Bruns

Burlison

Calloway

Colona

Conway

Cooper

Corcoran

Cox

Curls

Davis

Day

Deeken

Denison

Dieckhaus

Diehl

Dixon

Dougherty

Dugger

Dusenberg

Emery

Englund

Faith

Fallert

Fischer 107

Fisher 125

Franz

Funderburk

Gatschenberger

Grill

Grisamore

Guernsey

Guest

Hobbs

Hodges

Holsman

Hoskins 80

Hoskins 121

Hummel

Icet

Jones 89

Jones 117

Keeney

Kelly

Kingery

Koenig

Komo

Kratky

Kraus

Kuessner

Lair

Lampe

Largent

Leara

LeBlanc

Liese

Lipke

Loehner

McClanahan

McDonald

McGhee

McNary

Meiners

Molendorp

Munzlinger

Nance

Nasheed

Nieves

Nolte

Parkinson

Parson

Quinn

Riddle

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schoeller

Schoemehl

Self

Shively

Silvey

Smith 14

Smith 150

Stevenson

Still

Storch

Stream

Sutherland

Talboy

Thomson

Tilley

Todd

Tracy

Viebrock

Wallace

Walsh

Wasson

Webber

Wells

Weter

Wilson 119

Wilson 130

Witte

Yaeger

Zerr

Mr Speaker

 

 

 

 

 

 

NOES: 027

 

 

 

 

 

 

 

 

 

Atkins

Burnett

Casey

Ervin

Flook

Frame

Harris

Hughes

Jones 63

Kander

LeVota

Low

McNeil

Morris

Newman

Norr

Oxford

Pace

Roorda

Schupp

Skaggs

Spreng

Walton Gray

Webb

Whitehead

Wright

Zimmerman

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Swinger

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 010

 

 

 

 

 

 

Carter

Chappelle-Nadal

Cunningham

Dethrow

Flanigan

Kirkton

Meadows

Pollock

Pratt

Vogt

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Pratt declared the bill passed.


            The emergency clause was adopted by the following vote:


AYES: 134

 

 

 

 

 

 

 

 

 

Allen

Atkins

Aull

Ayres

Biermann

Bivins

Brandom

Bringer

Brown 149

Bruns

Burlison

Calloway

Chappelle-Nadal

Colona

Conway

Cooper

Corcoran

Cox

Cunningham

Curls

Davis

Day

Deeken

Denison

Dethrow

Dieckhaus

Diehl

Dixon

Dougherty

Dugger

Dusenberg

Emery

Englund

Faith

Fallert

Fischer 107

Fisher 125

Frame

Franz

Funderburk

Gatschenberger

Grill

Grisamore

Guernsey

Guest

Harris

Hobbs

Hodges

Holsman

Hoskins 80

Hoskins 121

Hummel

Icet

Jones 89

Jones 117

Kander

Keeney

Kelly

Kingery

Kirkton

Koenig

Komo

Kratky

Kraus

Kuessner

Lair

Lampe

Largent

Leara

LeBlanc

Liese

Lipke

Loehner

McClanahan

McDonald

McGhee

McNary

McNeil

Meiners

Molendorp

Munzlinger

Nance

Nieves

Nolte

Norr

Oxford

Parson

Pratt

Quinn

Riddle

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Scharnhorst

Schieffer

Schlottach

Schoeller

Schoemehl

Schupp

Self

Shively

Silvey

Smith 14

Smith 150

Stevenson

Still

Storch

Stream

Sutherland

Talboy

Thomson

Tilley

Todd

Tracy

Viebrock

Wallace

Walsh

Wasson

Webber

Wells

Weter

Wilson 119

Wilson 130

Witte

Wright

Yaeger

Zerr

Zimmerman

Mr Speaker

 

 

 

 

 

 

NOES: 017

 

 

 

 

 

 

 

 

 

Burnett

Casey

Ervin

Flook

Hughes

Jones 63

LeVota

Low

Morris

Newman

Pace

Roorda

Schad

Skaggs

Spreng

Walton Gray

Whitehead

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Swinger

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 010

 

 

 

 

 

 

Brown 30

Brown 50

Carter

Flanigan

Meadows

Nasheed

Parkinson

Pollock

Vogt

Webb

 

 

 

 

 

VACANCIES: 001


MESSAGES 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 SS#2 SCS HCS#2 HB 1543, as amended, and grants the House a conference thereon.

 

            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 HCS SB 741, as amended: Senators Griesheimer, Dempsey, Pearce, Shoemyer and Callahan.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SCS SB 777, as amended, and has taken up and passed HCS SCS SB 777, as amended.


THIRD READING OF SENATE BILL


            HCS SS SCS SBs 586 & 617, with Part II, Part III and Part IV, pending, relating to sexually oriented businesses, was taken up by Representative Emery.


            Representative Dougherty offered House Amendment No. 1 to Part II.


            Representative Stevenson raised a point of order that House Amendment No. 1 to Part II was not timely distributed.


            The Chair ruled the point of order well taken.


            Representative Tilley moved the previous question.


            Which motion was adopted by the following vote:


AYES: 085

 

 

 

 

 

 

 

 

 

Allen

Ayres

Bivins

Brandom

Brown 30

Brown 149

Bruns

Burlison

Cooper

Cox

Cunningham

Davis

Day

Deeken

Dethrow

Dieckhaus

Diehl

Dixon

Dugger

Emery

Faith

Fisher 125

Flook

Franz

Funderburk

Gatschenberger

Grisamore

Guernsey

Guest

Hobbs

Hoskins 121

Icet

Jones 89

Jones 117

Keeney

Kingery

Koenig

Kraus

Lair

Largent

Leara

Lipke

Loehner

McGhee

McNary

Molendorp

Munzlinger

Nance

Nieves

Nolte

Parkinson

Parson

Pollock

Pratt

Riddle

Ruestman

Ruzicka

Sander

Sater

Schad

Scharnhorst

Schlottach

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

Stream

Sutherland

Swinger

Thomson

Tilley

Tracy

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Witte

Wright

Zerr

Mr Speaker

 

 

 

 

 

NOES: 069

 

 

 

 

 

 

 

 

 

Atkins

Aull

Biermann

Bringer

Brown 50

Burnett

Calloway

Carter

Casey

Chappelle-Nadal

Colona

Conway

Corcoran

Curls

Dougherty

Englund

Fallert

Fischer 107

Frame

Grill

Harris

Hodges

Holsman

Hoskins 80

Hughes

Hummel

Kander

Kelly

Kirkton

Komo

Kratky

Kuessner

Lampe

LeBlanc

LeVota

Liese

Low

McClanahan

McDonald

McNeil

Meiners

Morris

Nasheed

Newman

Norr

Oxford

Pace

Quinn

Roorda

Rucker

Salva

Scavuzzo

Schieffer

Schoemehl

Schupp

Shively

Skaggs

Spreng

Still

Storch

Talboy

Todd

Vogt

Walsh

Walton Gray

Webb

Webber

Whitehead

Zimmerman

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

 

Denison

Dusenberg

Ervin

Flanigan

Jones 63

Meadows

Schaaf

Yaeger

 

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Emery, Part II of HCS SS SCS SBs 586 & 617 was adopted by the following vote:


AYES: 121

 

 

 

 

 

 

 

 

 

Allen

Aull

Ayres

Biermann

Bivins

Brandom

Bringer

Brown 30

Brown 50

Brown 149

Bruns

Burlison

Casey

Conway

Cooper

Corcoran

Cox

Cunningham

Davis

Day

Deeken

Dethrow

Dixon

Dugger

Dusenberg

Emery

Englund

Ervin

Faith

Fallert

Fischer 107

Fisher 125

Flook

Frame

Franz

Funderburk

Gatschenberger

Grill

Grisamore

Guernsey

Harris

Hobbs

Hodges

Holsman

Hoskins 121

Hummel

Icet

Jones 89

Jones 117

Kander

Keeney

Kelly

Kingery

Kirkton

Koenig

Komo

Kratky

Kraus

Kuessner

Lair

Lampe

Largent

Leara

LeVota

Liese

Lipke

McClanahan

McGhee

McNary

McNeil

Molendorp

Munzlinger

Nance

Nieves

Nolte

Norr

Parkinson

Parson

Pollock

Pratt

Quinn

Riddle

Roorda

Rucker

Ruestman

Ruzicka

Sander

Sater

Scavuzzo

Schad

Scharnhorst

Schieffer

Schlottach

Schoeller

Schoemehl

Self

Shively

Silvey

Smith 14

Smith 150

Stevenson

Still

Storch

Stream

Sutherland

Swinger

Thomson

Tilley

Todd

Tracy

Viebrock

Walsh

Wasson

Wells

Weter

Wilson 119

Wilson 130

Witte

Zerr

Zimmerman

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 030

 

 

 

 

 

 

 

 

 

Atkins

Burnett

Calloway

Carter

Chappelle-Nadal

Colona

Curls

Dieckhaus

Dougherty

Guest

Hoskins 80

Hughes

LeBlanc

Low

McDonald

Meiners

Morris

Nasheed

Newman

Oxford

Pace

Schupp

Spreng

Talboy

Vogt

Wallace

Walton Gray

Webb

Webber

Whitehead

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 011

 

 

 

 

 

 

Denison

Diehl

Flanigan

Jones 63

Loehner

Meadows

Salva

Schaaf

Skaggs

Wright

Yaeger

 

 

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Richard resumed the Chair.


            Representative Tilley moved the previous question.


            Which motion was adopted by the following vote:


AYES: 087

 

 

 

 

 

 

 

 

 

Allen

Ayres

Bivins

Brandom

Brown 30

Brown 149

Bruns

Burlison

Cooper

Cox

Cunningham

Davis

Day

Deeken

Denison

Dethrow

Dieckhaus

Dixon

Dugger

Dusenberg

Emery

Ervin

Faith

Fisher 125

Flook

Franz

Funderburk

Gatschenberger

Grisamore

Guernsey

Guest

Hobbs

Hoskins 121

Icet

Jones 89

Jones 117

Keeney

Kingery

Koenig

Kraus

Lair

Largent

Leara

Lipke

Loehner

McGhee

McNary

Molendorp

Munzlinger

Nance

Nieves

Nolte

Parkinson

Parson

Pollock

Pratt

Riddle

Ruestman

Ruzicka

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

Stream

Sutherland

Swinger

Thomson

Tilley

Tracy

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Witte

Wright

Zerr

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 060

 

 

 

 

 

 

 

 

 

Atkins

Aull

Biermann

Bringer

Brown 50

Burnett

Calloway

Carter

Casey

Chappelle-Nadal

Colona

Conway

Corcoran

Dougherty

Englund

Fallert

Fischer 107

Frame

Grill

Harris

Hodges

Holsman

Hoskins 80

Hughes

Hummel

Kelly

Kirkton

Komo

Kratky

Kuessner

Lampe

LeBlanc

LeVota

Liese

Low

McClanahan

McDonald

McNeil

Meiners

Morris

Norr

Oxford

Pace

Quinn

Roorda

Rucker

Scavuzzo

Schieffer

Schoemehl

Shively

Still

Storch

Talboy

Todd

Vogt

Walton Gray

Webb

Webber

Whitehead

Zimmerman

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 015

 

 

 

 

 

 

Curls

Diehl

Flanigan

Jones 63

Kander

Meadows

Nasheed

Newman

Salva

Schupp

Skaggs

Spreng

Viebrock

Walsh

Yaeger

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Emery, Part III of HCS SS SCS SBs 586 & 617 was adopted by the following vote:


AYES: 119

 

 

 

 

 

 

 

 

 

Allen

Aull

Ayres

Biermann

Bivins

Brandom

Bringer

Brown 30

Brown 50

Brown 149

Bruns

Burlison

Casey

Cooper

Cox

Cunningham

Davis

Day

Deeken

Denison

Dethrow

Diehl

Dixon

Dugger

Dusenberg

Emery

Englund

Ervin

Faith

Fallert

Fischer 107

Fisher 125

Flook

Frame

Franz

Funderburk

Gatschenberger

Grill

Grisamore

Guernsey

Harris

Hobbs

Hodges

Hoskins 121

Hummel

Icet

Jones 89

Jones 117

Kander

Keeney

Kelly

Kingery

Kirkton

Koenig

Komo

Kratky

Kraus

Kuessner

Lair

Lampe

Largent

Leara

Liese

Lipke

Loehner

McClanahan

McGhee

McNeil

Molendorp

Munzlinger

Nance

Nieves

Nolte

Norr

Parkinson

Parson

Pollock

Pratt

Quinn

Riddle

Rucker

Ruestman

Ruzicka

Sander

Sater

Scavuzzo

Schaaf

Schad

Schieffer

Schlottach

Schoeller

Schoemehl

Self

Shively

Silvey

Smith 14

Smith 150

Stevenson

Still

Storch

Stream

Sutherland

Swinger

Thomson

Tilley

Todd

Tracy

Viebrock

Walsh

Wasson

Wells

Weter

Wilson 119

Wilson 130

Witte

Wright

Zerr

Zimmerman

Mr Speaker

 

 

 

 

 

 

NOES: 032

 

 

 

 

 

 

 

 

 

Atkins

Burnett

Calloway

Carter

Chappelle-Nadal

Colona

Conway

Corcoran

Dieckhaus

Dougherty

Guest

Holsman

Hoskins 80

Hughes

Jones 63

LeBlanc

LeVota

Low

McDonald

McNary

Meiners

Morris

Oxford

Pace

Scharnhorst

Talboy

Vogt

Wallace

Walton Gray

Webb

Webber

Whitehead

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 011

 

 

 

 

 

 

Curls

Flanigan

Meadows

Nasheed

Newman

Roorda

Salva

Schupp

Skaggs

Spreng

Yaeger

 

 

 

 

 

 

 

 

 

VACANCIES: 001


            Representative Tilley moved the previous question.


            Which motion was adopted by the following vote:


AYES: 087

 

 

 

 

 

 

 

 

 

Allen

Ayres

Bivins

Brandom

Brown 30

Brown 149

Bruns

Burlison

Cooper

Cox

Cunningham

Davis

Day

Deeken

Denison

Dethrow

Dieckhaus

Diehl

Dixon

Dugger

Dusenberg

Emery

Ervin

Faith

Fisher 125

Flook

Franz

Funderburk

Gatschenberger

Grisamore

Guernsey

Guest

Hobbs

Hoskins 121

Icet

Jones 89

Jones 117

Keeney

Kingery

Koenig

Kraus

Lair

Largent

Leara

Lipke

Loehner

McGhee

McNary

Molendorp

Munzlinger

Nance

Nieves

Nolte

Parkinson

Parson

Pollock

Riddle

Ruestman

Ruzicka

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

Stream

Sutherland

Swinger

Thomson

Tilley

Tracy

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Witte

Wright

Zerr

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 057

 

 

 

 

 

 

 

 

 

Atkins

Aull

Biermann

Bringer

Brown 50

Calloway

Carter

Casey

Chappelle-Nadal

Colona

Conway

Corcoran

Dougherty

Englund

Fallert

Fischer 107

Frame

Grill

Harris

Hodges

Holsman

Hoskins 80

Hughes

Hummel

Kirkton

Komo

Kratky

Kuessner

Lampe

LeBlanc

LeVota

Liese

Low

McClanahan

McDonald

McNeil

Meiners

Morris

Norr

Oxford

Quinn

Rucker

Scavuzzo

Schieffer

Schoemehl

Shively

Still

Storch

Talboy

Todd

Vogt

Walsh

Walton Gray

Webb

Webber

Whitehead

Zimmerman

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 018

 

 

 

 

 

 

Burnett

Curls

Flanigan

Jones 63

Kander

Kelly

Meadows

Nasheed

Newman

Pace

Pratt

Roorda

Salva

Schupp

Skaggs

Spreng

Viebrock

Yaeger

 

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Emery, Part IV of HCS SS SCS SBs 586 & 617 was adopted by the following vote:


AYES: 128

 

 

 

 

 

 

 

 

 

Allen

Aull

Ayres

Biermann

Bivins

Brandom

Bringer

Brown 30

Brown 50

Brown 149

Bruns

Burlison

Casey

Cooper

Cox

Cunningham

Davis

Day

Deeken

Denison

Dethrow

Dieckhaus

Diehl

Dixon

Dugger

Dusenberg

Emery

Englund

Ervin

Faith

Fallert

Fischer 107

Fisher 125

Flook

Frame

Franz

Funderburk

Gatschenberger

Grill

Grisamore

Guernsey

Guest

Harris

Hobbs

Hodges

Holsman

Hoskins 121

Hummel

Icet

Jones 89

Jones 117

Keeney

Kelly

Kingery

Kirkton

Koenig

Komo

Kratky

Kraus

Kuessner

Lair

Lampe

Largent

Leara

Liese

Lipke

Loehner

McClanahan

McGhee

McNary

McNeil

Meiners

Molendorp

Morris

Munzlinger

Nance

Nieves

Nolte

Norr

Oxford

Pace

Parkinson

Parson

Pollock

Pratt

Quinn

Riddle

Rucker

Ruestman

Ruzicka

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Stevenson

Still

Storch

Stream

Sutherland

Swinger

Thomson

Tilley

Todd

Tracy

Viebrock

Walsh

Wasson

Wells

Weter

Wilson 119

Wilson 130

Witte

Wright

Zerr

Zimmerman

Mr Speaker

 

 

 

 

 

 

 

NOES: 025

 

 

 

 

 

 

 

 

 

Atkins

Burnett

Calloway

Carter

Chappelle-Nadal

Colona

Conway

Corcoran

Curls

Dougherty

Hoskins 80

Hughes

Jones 63

LeBlanc

LeVota

Low

McDonald

Schupp

Talboy

Vogt

Wallace

Walton Gray

Webb

Webber

Whitehead

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

 

Flanigan

Kander

Meadows

Nasheed

Newman

Roorda

Salva

Spreng

Yaeger

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Emery, HCS SS SCS SBs 586 & 617 was read the third time and passed by the following vote:


AYES: 118

 

 

 

 

 

 

 

 

 

Allen

Aull

Ayres

Biermann

Bivins

Brandom

Bringer

Brown 30

Brown 50

Brown 149

Bruns

Burlison

Casey

Cooper

Cunningham

Davis

Day

Deeken

Denison

Dethrow

Diehl

Dixon

Dugger

Dusenberg

Emery

Englund

Ervin

Faith

Fallert

Fischer 107

Fisher 125

Flook

Franz

Gatschenberger

Grisamore

Guernsey

Harris

Hobbs

Hodges

Holsman

Hoskins 121

Hummel

Icet

Jones 89

Jones 117

Kander

Keeney

Kelly

Kingery

Kirkton

Koenig

Komo

Kratky

Kraus

Kuessner

Lair

Lampe

Largent

Leara

Liese

Lipke

Loehner

McClanahan

McGhee

McNary

McNeil

Meiners

Molendorp

Munzlinger

Nance

Nieves

Nolte

Norr

Parkinson

Parson

Pollock

Pratt

Quinn

Riddle

Ruestman

Ruzicka

Sander

Sater

Scavuzzo

Schad

Scharnhorst

Schieffer

Schlottach

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Stevenson

Still

Storch

Stream

Sutherland

Swinger

Thomson

Tilley

Todd

Tracy

Viebrock

Walsh

Wasson

Wells

Weter

Wilson 119

Wilson 130

Witte

Wright

Zerr

Zimmerman

Mr Speaker

 

 

 

 

 

 

 

NOES: 028

 

 

 

 

 

 

 

 

 

Atkins

Burnett

Colona

Conway

Corcoran

Curls

Dieckhaus

Dougherty

Guest

Hoskins 80

Jones 63

LeBlanc

LeVota

Low

McDonald

Morris

Nasheed

Newman

Oxford

Pace

Schupp

Talboy

Vogt

Wallace

Walton Gray

Webb

Webber

Whitehead

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 016

 

 

 

 

 

 

Calloway

Carter

Chappelle-Nadal

Cox

Flanigan

Frame

Funderburk

Grill

Hughes

Meadows

Roorda

Rucker

Salva

Schaaf

Spreng

Yaeger

 

 

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Richard declared the bill passed.


APPOINTMENT OF CONFERENCE COMMITTEES


            The Speaker appointed the following Conference Committees to act with like Committees from the Senate on the following bills:


SS#2 SCS HCS#2 HB 1543: Representatives Wallace, Schad, Stream, Lampe and Bringer

HCS SB 741: Representatives Dugger, Smith (150), Deeken, Conway and Frame


MESSAGES FROM THE SENATE


            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 SS#2 SCS HCS#2 HB 1543, as amended: Senators Pearce, Shields, Rupp, Days and Wilson.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SS SB 1007, as amended, and requests the House recede from its position and failing to do so grant the Senate a conference thereon.


THIRD READING OF SENATE BILLS


            SB 753, relating to investment of cemetery funds, was taken up by Representative Parkinson.


            On motion of Representative Parkinson, SB 753 was truly agreed to and finally passed by the following vote:


AYES: 148

 

 

 

 

 

 

 

 

 

Allen

Atkins

Aull

Ayres

Biermann

Bivins

Brandom

Bringer

Brown 30

Brown 50

Brown 149

Bruns

Burlison

Burnett

Calloway

Casey

Colona

Conway

Cunningham

Curls

Davis

Day

Deeken

Denison

Dethrow

Dieckhaus

Diehl

Dixon

Dougherty

Dugger

Dusenberg

Englund

Ervin

Faith

Fallert

Fischer 107

Fisher 125

Flook

Frame

Franz

Funderburk

Gatschenberger

Grill

Grisamore

Guernsey

Guest

Harris

Hobbs

Hodges

Holsman

Hoskins 80

Hoskins 121

Hummel

Icet

Jones 63

Jones 89

Jones 117

Kander

Keeney

Kelly

Kingery

Kirkton

Koenig

Komo

Kratky

Kraus

Kuessner

Lair

Lampe

Largent

Leara

LeBlanc

LeVota

Liese

Lipke

Loehner

Low

McClanahan

McDonald

McGhee

McNary

McNeil

Meiners

Molendorp

Morris

Munzlinger

Nance

Nasheed

Newman

Nieves

Nolte

Norr

Oxford

Pace

Parkinson

Parson

Pollock

Pratt

Quinn

Riddle

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schoeller

Schoemehl

Schupp

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Stevenson

Still

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Tilley

Todd

Tracy

Viebrock

Wallace

Walsh

Walton Gray

Wasson

Webber

Wells

Weter

Whitehead

Wilson 119

Wilson 130

Witte

Wright

Zerr

Zimmerman

Mr Speaker

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 014

 

 

 

 

 

 

Carter

Chappelle-Nadal

Cooper

Corcoran

Cox

Emery

Flanigan

Hughes

Meadows

Roorda

Spreng

Vogt

Webb

Yaeger

 

 

 

 

 

 

VACANCIES: 001


            Speaker Richard declared the bill passed.

 

Speaker Pro Tem Pratt resumed the Chair.


            HCS SCS SB 829, relating to the justice system, was taken up by Representative Lipke.


            Representative Lipke offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 829, Page 1, Section A, Line 8, by inserting after all of said section and line the following:


              50.567. In every county with a charter form of government and with more than six hundred thousand but fewer than seven hundred thousand inhabitants the chief governing body of such county shall establish a "Jury Service Expense Fund" for the purpose of aiding with payment of expenses related to compensation of jurors for jury service under the provisions of subsection 4 of section 494.455. The fund shall consist of moneys collected in the basic funding for jury service calculated at the rate of six dollars per day. The fund shall be administered by the court en banc of the judicial circuit and may be audited as are all other county funds.”; and


              Further amend said bill, Pages 7-8, Section 209.200, by removing all of said section from the bill; and




              Further amend said bill, Page 16, Section 491.170, Line 5, by inserting after all of said section and line the following:


              “494.455. 1. Each county or city not within a county may elect to compensate its jurors pursuant to subsection 2 of this section except as otherwise provided in [subsection] subsections 3 and 4 of this section.

              2. Each grand and petit juror shall receive six dollars per day, for every day he or she may actually serve as such, and seven cents for every mile he or she may necessarily travel going from his or her place of residence to the courthouse and returning, to be paid from funds of the county or a city not within a county. The governing body of each county or a city not within a county may authorize additional daily compensation and mileage allowance for jurors, which additional compensation shall be paid from the funds of the county or a city not within a county. The governing body of each county or a city not within a county may authorize additional daily compensation and mileage allowance for jurors attending a coroner's inquest. Jurors may receive the additional compensation and mileage allowance authorized by this subsection only if the governing body of the county or the city not within a county authorizes the additional compensation. The provisions of this subsection authorizing additional compensation shall terminate upon the issuance of a mandate by the Missouri supreme court which results in the state of Missouri being obligated or required to pay any such additional compensation even if such additional compensation is formally approved or authorized by the governing body of a county or a city not within a county. Provided that a county or a city not within a county authorizes daily compensation payable from county or city funds for jurors who serve in that county pursuant to this subsection in the amount of at least six dollars per day in addition to the amount required by this subsection, a person shall receive an additional six dollars per day to be reimbursed by the state of Missouri so that the total compensation payable shall be at least eighteen dollars, plus mileage for each day that the person actually serves as a petit juror in a particular case; or for each day that a person actually serves as a grand juror during a term of a grand jury. The state shall reimburse the county for six dollars of the additional juror compensation provided by this subsection.

              3. In any county of the first classification without a charter form of government and with a population of at least two hundred thousand inhabitants, no grand or petit juror shall receive compensation for the first two days of service, but shall receive fifty dollars per day for the third day and each subsequent day he or she may actually serve as such, and seven cents for every mile he or she may necessarily travel going from his or her place of residence to the courthouse and returning, to be paid from funds of the county.

              4. In any county with a charter form of government and with more than six hundred thousand but fewer than seven hundred thousand inhabitants no grand or petit juror shall receive compensation for the first day of service. For the second day of service each grand and petit juror shall receive six dollars per day. For the third and each subsequent day he or she may actually serve as such each grand and petit juror shall receive forty dollars per day. No petit or grand juror shall receive pay for mileage for any day of service.

              5. When each panel of jurors summoned and attending court has completed its service, the board of jury commissioners shall cause to be submitted to the governing body of the county or a city not within a county a statement of fees earned by each juror. Within thirty days of the submission of the statement of fees, the governing body shall cause payment to be made to those jurors summoned the fees earned during their service as jurors.”; and


              Further amend said bill, Page 26, Section 568.040, Line 2, by enclosing in brackets “[ ]” the phrase “, without good cause,”; and


              Further amend said bill, Page 27, Section 568.040, Line 61, by inserting after all of said section and line the following:


              “569.090. 1. A person commits the crime of tampering in the second degree if he or she:

              (1) Tampers with property of another for the purpose of causing substantial inconvenience to that person or to another; or

              (2) Unlawfully enters or rides in or upon another's automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle; or

              (3) Tampers or makes connection with property of a utility; or

              (4) Tampers with, or causes to be tampered with, any meter or other property of an electric, gas, steam or water utility, the effect of which tampering is either:

              (a) To prevent the proper measuring of electric, gas, steam or water service; or

              (b) To permit the diversion of any electric, gas, steam or water service.

              2. In any prosecution under subdivision (4) of subsection 1, proof that a meter or any other property of a utility has been tampered with, and the person or persons accused received the use or direct benefit of the electric, gas, steam or water service, with one or more of the effects described in subdivision (4) of subsection 1, shall be sufficient to support an inference which the trial court may submit to the trier of fact, from which the trier of fact may conclude that there has been a violation of such subdivision by the person or persons who use or receive the direct benefit of the electric, gas, steam or water service.

              3. Tampering in the second degree is a class A misdemeanor unless:

              (1) Committed as a second or subsequent violation of subdivision (2) or (4) of subsection 1, in which case it is a class D felony;

              (2) The defendant has a prior conviction or has had a prior finding of guilt pursuant to paragraph (a) of subdivision (3) of subsection 3 of section 570.030, RSMo, section 570.080, RSMo, or subdivision (2) of subsection 1 of this section, in which case it is a class C felony.”; and


              Further amend said bill, Page 38, Section 650.470, Line 50, by inserting after all of said section and line the following:


              Section 1. There is hereby created the “Criminal Justice Review Commission” whose purpose is to study the number of nonviolent offenders who are incarcerated in the department of corrections and the cost and effectiveness of their incarceration and to make recommendations regarding nonviolent offender incarceration, sentencing, and diversion programs. The commission shall make annual reports to the governor, the speaker of the house, and the president pro tem of the senate no later than November 1 of each year. Members of the commission shall include a senator appointed by the president pro tem of the senate, a representative appointed by the speaker of the house, a judge appointed by the chief justice of the supreme court, the executive director of the office of prosecution services, the executive director of the association of counties, an individual appointed by the public defender commission, an individual appointed by the sentencing advisory commission, an individual appointed by the drug courts coordinating commission, the director of the department of corrections, the state budget director, and three individuals appointed by the governor including a county sheriff and a representative of a crime victims rights organization.”; and


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


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


            Representative Parson offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 829, Page 10, Section 217.045, Line 10, by inserting after all of said line the following:


              “301.147. 1. Notwithstanding the provisions of section 301.020 to the contrary, beginning July 1, 2000, the director of revenue may provide owners of motor vehicles, other than commercial motor vehicles licensed in excess of twelve thousand pounds gross weight, the option of biennially registering motor vehicles. Any vehicle manufactured as an even-numbered model year vehicle shall be renewed each even-numbered calendar year and any such vehicle manufactured as an odd-numbered model year vehicle shall be renewed each odd-numbered calendar year, subject to the following requirements:

              (1) The fee collected at the time of biennial registration shall include the annual registration fee plus a pro rata amount for the additional twelve months of the biennial registration;

              (2) Presentation of all documentation otherwise required by law for vehicle registration including, but not limited to, a personal property tax receipt or certified statement for the preceding year that no such taxes were due as set forth in section 301.025, proof of a motor vehicle safety inspection and any applicable emission inspection conducted within sixty days prior to the date of application and proof of insurance as required by section 303.026, RSMo.

              2. The director of revenue may prescribe rules and regulations for the effective administration of this section. The director is authorized to adopt those rules that are reasonable and necessary to accomplish the limited duties specifically delegated within this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated pursuant to the authority delegated in this section shall become effective only if it has been promulgated pursuant to the provisions of chapter 536, 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 July 1, 2000, shall be invalid and void.

              3. The director of revenue shall have the authority to stagger the registration period of motor vehicles other than commercial motor vehicles licensed in excess of twelve thousand pounds gross weight. Once the owner of a motor vehicle chooses the option of biennial registration, such registration must be maintained for the full twenty-four month period.

              4. Notwithstanding any provision of section 301.020, this section, or any other provision of law to the contrary, the director of revenue may provide owners of motor vehicles with a gross weight exceeding twenty thousand pounds, other than commercial vehicles, the option of triennially registering motor vehicles.


              301.227. 1. Whenever a vehicle is sold for salvage, dismantling or rebuilding, the purchaser shall forward to the director of revenue within ten days the certificate of ownership or salvage certificate of title and the proper application and fee of eight dollars and fifty cents, and the director shall issue a negotiable salvage certificate of title to the purchaser of the salvaged vehicle. On vehicles purchased during a year that is no more than six years after the manufacturer's model year designation for such vehicle, it shall be mandatory that the purchaser apply for a salvage title. On vehicles purchased during a year that is more than six years after the manufacturer's model year designation for such vehicle, then application for a salvage title shall be optional on the part of the purchaser. Whenever a vehicle is sold for destruction and a salvage certificate of title, junking certificate, or certificate of ownership exists, the seller, if licensed under sections 301.217 to 301.221, shall forward the certificate to the director of revenue within ten days, with the notation of the date sold for destruction and the name of the purchaser clearly shown on the face of the certificate.

              2. Whenever a vehicle is classified as "junk", as defined in section 301.010, the purchaser may forward to the director of revenue the salvage certificate of title or certificate of ownership and the director shall issue a negotiable junking certificate to the purchaser of the vehicle. The director may also issue a junking certificate to a possessor of a vehicle manufactured twenty-six years or more prior to the current model year who has a bill of sale for said vehicle but does not possess a certificate of ownership, provided no claim of theft has been made on the vehicle and the highway patrol has by letter stated the vehicle is not listed as stolen after checking the registration number through its nationwide computer system. Such certificate may be granted within thirty days of the submission of a request.

              3. Upon receipt of a properly completed application for a junking certificate, the director of revenue shall issue to the applicant a junking certificate which shall authorize the holder to possess, transport, or, by assignment, transfer ownership in such parts, scrap or junk, and a certificate of title shall not again be issued for such vehicle; except that, the initial purchaser shall, within ninety days, be allowed to rescind his application for a junking certificate by surrendering the junking certificate and apply for a salvage certificate of title in his name. The seller of a vehicle for which a junking certificate has been applied for or issued shall disclose such fact in writing to any prospective buyers before sale of such vehicle; otherwise the sale shall be voidable at the option of the buyer.

              4. No scrap metal operator shall acquire or purchase a motor vehicle or parts thereof without, at the time of such acquisition, receiving the original certificate of title or salvage certificate of title or junking certificate from the seller of the vehicle or parts, unless the seller is a licensee under sections 301.219 to 301.221.

              5. All titles and certificates required to be received by scrap metal operators from nonlicensees shall be forwarded by the operator to the director of revenue within ten days of the receipt of the vehicle or parts.

              6. The scrap metal operator shall keep a record, for three years, of the seller's name and address, the salvage business license number of the licensee, date of purchase, and any vehicle or parts identification numbers open for inspection as provided in section 301.225.

              7. Notwithstanding any other provision of this section, a motor vehicle dealer as defined in section 301.550 and licensed under the provisions of sections 301.550 to 301.572 may negotiate one reassignment of a salvage certificate of title on the back thereof.

              8. Notwithstanding the provisions of subsection 1 of this section, an insurance company which settles a claim for a stolen vehicle may apply for and shall be issued a negotiable salvage certificate of title without the payment of any fee upon proper application within thirty days after settlement of the claim for such stolen vehicle. However, if the insurance company upon recovery of a stolen vehicle determines that the stolen vehicle has not sustained damage to the extent that the vehicle would have otherwise been declared a salvage vehicle pursuant to subdivision (51) of section 301.010, then the insurance company may have the vehicle inspected by the Missouri state highway patrol, or other law enforcement agency authorized by the director of revenue, in accordance with the inspection provisions of subsection 9 of section 301.190. Upon receipt of title application, applicable fee, the completed inspection, and the return of any previously issued negotiable salvage certificate, the director shall issue an original title with no salvage or prior salvage designation. Upon the issuance of an original title the director shall remove any indication of the negotiable salvage title previously issued to the insurance company from the department's electronic records.

              9. Notwithstanding any provision of law to the contrary, the owner of a vehicle for which a junking certificate has been issued may petition the circuit court in the county in which the vehicle is registered to void the junking certificate and issue a salvage title for the vehicle.”; and


              Further amend said bill, Page 13, Section 303.025, Line 40, by inserting after all of said section and line the following:


              “306.127. 1. [Beginning January 1, 2005,] Every person born after January 1, 1984, or as required pursuant to section 306.128, who operates a vessel on the lakes of this state shall possess, on the vessel, a boating safety identification card issued by the Missouri state water patrol or its agent, or a Missouri driver's license or nondriver's license with an endorsement, which shows that he or she has:

              (1) Successfully completed a boating safety course approved by the National Association of State Boating Law Administrators and certified by the Missouri state water patrol. The boating safety course may include a course sponsored by the United States Coast Guard Auxiliary or the United States Power Squadron. The Missouri state water patrol may appoint agents to administer a boater education course or course equivalency examination and issue boater identification cards under guidelines established by the water patrol. The Missouri state water patrol shall maintain a list of approved courses; or

              (2) Successfully passed an equivalency examination prepared by the Missouri state water patrol and administered by the Missouri state water patrol or its agent. The equivalency examination shall have a degree of difficulty equal to, or greater than, that of the examinations given at the conclusion of an approved boating safety course; or

              (3) A valid master's, mate's, or operator's license issued by the United States Coast Guard.

              2. The Missouri state water patrol or its agent shall issue a permanent boating safety identification card to each person who complies with the requirements of this section which is valid for life unless invalidated pursuant to law.

              3. The Missouri state water patrol may charge a fee for such card or any replacement card that does not substantially exceed the costs of administrating this section. The Missouri state water patrol or its designated agent shall collect such fees. These funds shall be forwarded to general revenue.

              4. The provisions of this section shall not apply to any person who:

              (1) Is licensed by the United States Coast Guard to serve as master of a vessel;

              (2) Operates a vessel only on a private lake or pond that is not classified as waters of the state;

              (3) [Until January 1, 2006, is a nonresident who is visiting the state for sixty days or less;

              (4)] Is participating in an event or regatta approved by the water patrol;

              [(5)] (4) Is a nonresident who has proof of a valid boating certificate or license issued by another state if the boating course is approved by the National Association of State Boating Law Administrators (NASBLA);

              [(6)] (5) Is exempted by rule of the water patrol;

              [(7)] (6) Is currently serving in any branch of the United States armed forces, reserves, or Missouri national guard, or any spouse of a person currently in such service; or

              [(8)] (7) Has previously successfully completed a boating safety education course approved by the National Association of State Boating Law Administrators (NASBLA).

              5. [The Missouri state water patrol shall inform other states of the requirements of this section.

              6.] No individual shall be detained or stopped strictly for the purpose of checking whether the individual possesses a boating safety identification card or a temporary boater education permit.

              [7. Beginning January 1, 2006,] 6. Any nonresident born after January 1, 1984, desiring to operate a rental vessel on the lakes of this state[,] may obtain a temporary boater education permit by completing and passing a written examination developed by the Missouri state water patrol, provided the person meets the minimum age requirements for operating a vessel in this state. The Missouri state water patrol is authorized to promulgate rules for developing the examination and any requirements necessary for issuance of the temporary boater education permit. The temporary boater education permit shall expire when the nonresident obtains a permanent identification card pursuant to subsection 2 of this section or thirty days after issuance, whichever occurs first. The Missouri state water patrol may charge a fee not to exceed ten dollars for such temporary permit. Upon successful completion of an examination and prior to renting a vessel, the business entity responsible for giving the examination shall collect such fee and forward all collected fees to the Missouri state water patrol on a monthly basis for deposit in the state general revenue fund. Such business entity shall incur no additional liability in accepting the responsibility for administering the examination. [This subsection shall terminate on December 31, 2010.]


              306.532. Beginning January 1, 2011, the certificate of title for a new outboard motor shall designate the year the outboard motor was manufactured as the "Year Manufactured" and shall further designate the year the dealer received the new outboard motor from the manufacturer as the "Model Year-NEW".”; and


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


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


            Representative Riddle offered House Amendment No. 3.


House Amendment No. 3


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 829, Page 1, Section A, Line 8, by inserting after all of said line the following:


              “32.056. The department of revenue shall not release the home address or any other information contained in the department's motor vehicle or driver registration records regarding any person, and the immediate family members of any such person, who is a county, state or federal parole officer or who is a federal pretrial officer or who is a peace officer pursuant to section [590.100, RSMo, or a member of the parole officer's, pretrial officer's or peace officer's immediate family] 590.010, or those persons vested by article V, section 1 of the Constitution of Missouri with the judicial power of the state and those persons vested by Article III of the Constitution of the United States with the judicial power of the United States, the members of the federal judiciary, based on a specific request for such information from any person. Any person [who is a county, state or federal parole officer or who is a federal pretrial officer or who is a peace officer pursuant to section 590.100, RSMo,] with a current status covered by this section may notify the department of such status and the department shall protect the confidentiality of the records on such a person and his or her immediate family as required by this section. This section shall not prohibit the department from releasing information on a motor registration list pursuant to section 32.055 or from releasing information on any officer who holds a class A, B or C commercial driver's license pursuant to the Motor Carrier Safety Improvement Act of 1999, as amended, 49 U.S.C. 31309.”; and


              Further amend said bill, Page 11, Section 302.020, Line 33, by inserting after all of said section and line the following:


              “302.302. 1. The director of revenue shall put into effect a point system for the suspension and revocation of licenses. Points shall be assessed only after a conviction or forfeiture of collateral. The initial point value is as follows:

              (1) Any moving violation of a state law or county or municipal or federal traffic ordinance or regulation not listed in this section, other than a violation of vehicle equipment provisions or a court-ordered supervision as provided in section 302.303 2 points

               (except any violation of municipal stop sign ordinance where no accident is involved 1 point)

              (2) Speeding

               In violation of a state law 3 points

               In violation of a county or municipal ordinance 2 points

              (3) Leaving the scene of an accident in violation of section 577.060, RSMo 12 points

               In violation of any county or municipal ordinance 6 points

              (4) Careless and imprudent driving in violation [of subsection 4] of section [304.016, RSMo]304.012, RSMo 4 points

               In violation of a county or municipal ordinance 2 points

              (5) Operating without a valid license in violation of subdivision (1) or (2) of subsection 1 of section 302.020:

              (a) For the first conviction 2 points

              (b) For the second conviction 4 points

              (c) For the third conviction 6 points

              (6) Operating with a suspended or revoked license prior to restoration of operating privileges 12 points

              (7) Obtaining a license by misrepresentation 12 points

              (8) For the first conviction of driving while in an intoxicated condition or under the influence of controlled substances or drugs 8 points

              (9) For the second or subsequent conviction of any of the following offenses however combined: driving while in an intoxicated condition, driving under the influence of controlled substances or drugs or driving with a blood alcohol content of eight-hundredths of one percent or more by weight 12 points

              (10) For the first conviction for driving with blood alcohol content eight-hundredths of one percent or more by weight

               In violation of state law 8 points

               In violation of a county or municipal ordinance or federal law or regulation 8 points

              (11) Any felony involving the use of a motor vehicle 12 points

              (12) Knowingly permitting unlicensed operator to operate a motor vehicle 4 points

              (13) For a conviction for failure to maintain financial responsibility pursuant to county or municipal ordinance or pursuant to section 303.025, RSMo 4 points

              (14) Endangerment of a highway worker in violation of section 304.585, RSMo 4 points

              (15) Aggravated endangerment of a highway worker in violation of section 304.585, RSMo 12 points

              (16) For a conviction of violating a municipal ordinance that prohibits tow truck operators from stopping at or proceeding to the scene of an accident unless they have been requested to stop or proceed to such scene by a party involved in such accident or by an officer of a public safety agency 4 points

              2. The director shall, as provided in subdivision (5) of subsection 1 of this section, assess an operator points for a conviction pursuant to subdivision (1) or (2) of subsection 1 of section 302.020, when the director issues such operator a license or permit pursuant to the provisions of sections 302.010 to 302.340.

              3. An additional two points shall be assessed when personal injury or property damage results from any violation listed in subdivisions (1) to (13) of subsection 1 of this section and if found to be warranted and certified by the reporting court.

              4. When any of the acts listed in subdivision (2), (3), (4) or (8) of subsection 1 of this section constitutes both a violation of a state law and a violation of a county or municipal ordinance, points may be assessed for either violation but not for both. Notwithstanding that an offense arising out of the same occurrence could be construed to be a violation of subdivisions (8), (9) and (10) of subsection 1 of this section, no person shall be tried or convicted for more than one offense pursuant to subdivisions (8), (9) and (10) of subsection 1 of this section for offenses arising out of the same occurrence.

              5. The director of revenue shall put into effect a system for staying the assessment of points against an operator. The system shall provide that the satisfactory completion of a driver-improvement program or, in the case of violations committed while operating a motorcycle, a motorcycle-rider training course approved by the state highways and transportation commission, by an operator, when so ordered and verified by any court having jurisdiction over any law of this state or county or municipal ordinance, regulating motor vehicles, other than a violation committed in a commercial motor vehicle as defined in section 302.700 or a violation committed by an individual who has been issued a commercial driver's license or is required to obtain a commercial driver's license in this state or any other state, shall be accepted by the director in lieu of the assessment of points for a violation pursuant to subdivision (1), (2) or (4) of subsection 1 of this section or pursuant to subsection 3 of this section. A court using a centralized violation bureau established under section 476.385, RSMo, may elect to have the bureau order and verify completion of a driver-improvement program or motorcycle-rider training course as prescribed by order of the court. For the purposes of this subsection, the driver-improvement program shall meet or exceed the standards of the National Safety Council's eight-hour "Defensive Driving Course" or, in the case of a violation which occurred during the operation of a motorcycle, the program shall meet the standards established by the state highways and transportation commission pursuant to sections 302.133 to 302.137. The completion of a driver-improvement program or a motorcycle-rider training course shall not be accepted in lieu of points more than one time in any thirty-six-month period and shall be completed within sixty days of the date of conviction in order to be accepted in lieu of the assessment of points. Every court having jurisdiction pursuant to the provisions of this subsection shall, within fifteen days after completion of the driver-improvement program or motorcycle-rider training course by an operator, forward a record of the completion to the director, all other provisions of the law to the contrary notwithstanding. The director shall establish procedures for record keeping and the administration of this subsection.”; and


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


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


            Representative Kelly offered House Amendment No. 4.


House Amendment No. 4


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 829, Section 67.402, Page 4, Line 71, by inserting after all of said section the following:


              “67.1360. 1. The governing body of the following cities and counties may impose a tax as provided in this section:

              (1) A city with a population of more than seven thousand and less than seven thousand five hundred;

              (2) A county with a population of over nine thousand six hundred and less than twelve thousand which has a total assessed valuation of at least sixty-three million dollars, if the county submits the issue to the voters of such county prior to January 1, 2003;

              (3) A third class city which is the county seat of a county of the third classification without a township form of government with a population of at least twenty-five thousand but not more than thirty thousand inhabitants;

              (4) Any fourth class city having, according to the last federal decennial census, a population of more than one thousand eight hundred fifty inhabitants but less than one thousand nine hundred fifty inhabitants in a county of the first classification with a charter form of government and having a population of greater than six hundred thousand but less than nine hundred thousand inhabitants;

              (5) Any city having a population of more than three thousand but less than eight thousand inhabitants in a county of the fourth classification having a population of greater than forty-eight thousand inhabitants;

              (6) Any city having a population of less than two hundred fifty inhabitants in a county of the fourth classification having a population of greater than forty-eight thousand inhabitants;

              (7) Any fourth class city having a population of more than two thousand five hundred but less than three thousand inhabitants in a county of the third classification having a population of more than twenty-five thousand but less than twenty-seven thousand inhabitants;

              (8) Any third class city with a population of more than three thousand two hundred but less than three thousand three hundred located in a county of the third classification having a population of more than thirty-five thousand but less than thirty-six thousand;

              (9) Any county of the second classification without a township form of government and a population of less than thirty thousand;

              (10) Any city of the fourth class in a county of the second classification without a township form of government and a population of less than thirty thousand;

              (11) Any county of the third classification with a township form of government and a population of at least twenty-eight thousand but not more than thirty thousand;

              (12) Any city of the fourth class with a population of more than one thousand eight hundred but less than two thousand in a county of the third classification with a township form of government and a population of at least twenty-eight thousand but not more than thirty thousand;

              (13) Any city of the third class with a population of more than seven thousand two hundred but less than seven thousand five hundred within a county of the third classification with a population of more than twenty-one thousand but less than twenty-three thousand;

              (14) Any fourth class city having a population of more than two thousand eight hundred but less than three thousand one hundred inhabitants in a county of the third classification with a township form of government having a population of more than eight thousand four hundred but less than nine thousand inhabitants;

              (15) Any fourth class city with a population of more than four hundred seventy but less than five hundred twenty inhabitants located in a county of the third classification with a population of more than fifteen thousand nine hundred but less than sixteen thousand inhabitants;

              (16) Any third class city with a population of more than three thousand eight hundred but less than four thousand inhabitants located in a county of the third classification with a population of more than fifteen thousand nine hundred but less than sixteen thousand inhabitants;

              (17) Any fourth class city with a population of more than four thousand three hundred but less than four thousand five hundred inhabitants located in a county of the third classification without a township form of government with a population greater than sixteen thousand but less than sixteen thousand two hundred inhabitants;

              (18) Any fourth class city with a population of more than two thousand four hundred but less than two thousand six hundred inhabitants located in a county of the first classification without a charter form of government with a population of more than fifty-five thousand but less than sixty thousand inhabitants;

              (19) Any fourth class city with a population of more than two thousand five hundred but less than two thousand six hundred inhabitants located in a county of the third classification with a population of more than nineteen thousand one hundred but less than nineteen thousand two hundred inhabitants;

              (20) Any county of the third classification without a township form of government with a population greater than sixteen thousand but less than sixteen thousand two hundred inhabitants;

              (21) Any county of the second classification with a population of more than forty-four thousand but less than fifty thousand inhabitants;

              (22) Any third class city with a population of more than nine thousand five hundred but less than nine thousand seven hundred inhabitants located in a county of the first classification without a charter form of government and with a population of more than one hundred ninety-eight thousand but less than one hundred ninety-eight thousand two hundred inhabitants;

              (23) Any city of the fourth classification with more than five thousand two hundred but less than five thousand three hundred inhabitants located in a county of the third classification without a township form of government and with more than twenty-four thousand five hundred but less than twenty-four thousand six hundred inhabitants;

              (24) Any third class city with a population of more than nineteen thousand nine hundred but less than twenty thousand in a county of the first classification without a charter form of government and with a population of more than one hundred ninety-eight thousand but less than one hundred ninety-eight thousand two hundred inhabitants;

              (25) Any city of the fourth classification with more than two thousand six hundred but less than two thousand seven hundred inhabitants located in any county of the third classification without a township form of government and with more than fifteen thousand three hundred but less than fifteen thousand four hundred inhabitants;

              (26) Any county of the third classification without a township form of government and with more than fourteen thousand nine hundred but less than fifteen thousand inhabitants;

              (27) Any city of the fourth classification with more than five thousand four hundred but fewer than five thousand five hundred inhabitants and located in more than one county;

              (28) Any city of the fourth classification with more than six thousand three hundred but fewer than six thousand five hundred inhabitants and located in more than one county through the creation of a tourism district which may include, in addition to the geographic area of such city, the area encompassed by the portion of the school district, located within a county of the first classification with more than ninety-three thousand eight hundred but fewer than ninety-three thousand nine hundred inhabitants, having an average daily attendance for school year 2005-06 between one thousand eight hundred and one thousand nine hundred;

              (29) Any city of the fourth classification with more than seven thousand seven hundred but less than seven thousand eight hundred inhabitants located in a county of the first classification with more than ninety-three thousand eight hundred but less than ninety-three thousand nine hundred inhabitants;

              (30) Any city of the fourth classification with more than two thousand nine hundred but less than three thousand inhabitants located in a county of the first classification with more than seventy-three thousand seven hundred but less than seventy-three thousand eight hundred inhabitants;

              (31) Any city of the third classification with more than nine thousand three hundred but less than nine thousand four hundred inhabitants; [or]

              (32) Any city of the fourth classification with more than three thousand eight hundred but fewer than three thousand nine hundred inhabitants and located in any county of the first classification with more than thirty-nine thousand seven hundred but fewer than thirty-nine thousand eight hundred inhabitants;

              (33) Any city of the fourth classification with more than one thousand eight hundred but fewer than one thousand nine hundred inhabitants and located in any county of the first classification with more than one hundred thirty-five thousand four hundred but fewer than one hundred thirty-five thousand five hundred inhabitants.

              2. The governing body of any city or county listed in subsection 1 of this section may impose a tax on the charges for all sleeping rooms paid by the transient guests of hotels, motels, bed and breakfast inns and campgrounds and any docking facility which rents slips to recreational boats which are used by transients for sleeping, which shall be at least two percent, but not more than five percent per occupied room per night, except that such tax shall not become effective unless the governing body of the city or county submits to the voters of the city or county at a state general, primary or special election, a proposal to authorize the governing body of the city or county to impose a tax pursuant to the provisions of this section and section 67.1362. The tax authorized by this section and section 67.1362 shall be in addition to any charge paid to the owner or operator and shall be in addition to any and all taxes imposed by law and the proceeds of such tax shall be used by the city or county solely for funding the promotion of tourism. Such tax shall be stated separately from all other charges and taxes.”; and


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


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


            Representative Zimmerman offered House Amendment No. 5.


House Amendment No. 5


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 829, Page 8, Section 195.505, Line 20, by inserting after said line the following:


              “196.165. [Any hotel, inn, delicatessen, grocery or butcher shop, or restaurant keeper, or any individual, firm or corporation, carrying on and conducting a boardinghouse, eating house, lunchroom business, or engaged in the catering business (all hereinafter referred to as "person"), who shall with intent to defraud, sell, prepare or expose for sale, any meat or meat preparation, articles of food or food products, either raw or prepared for human consumption, whether the same is to be consumed on the premises where prepared and sold, or whether same is taken or carried elsewhere for consumption, falsely represents such food or food preparation to be kosher, that is, that same is prepared under and of products sanctioned by the orthodox Hebrew religious rules and requirements; or who shall falsely represent that such meat or meat preparation, food or food product is, or will be prepared and served in accordance with such orthodox Hebrew religious rules and requirements, by displaying a sign or signs, in, on, or about said person's place of business or establishment, or by advertisement in any newspaper, magazine, or periodical, or by publication in any other manner whatsoever, the intent and purpose whereof shall be to represent to the public by such advertisement, or any other manner whatsoever, that kosher meat or meat preparations, or food or food products are prepared and sold in such place of business or establishment, or served therein, or prepared or sold to be taken for consumption elsewhere than on said premises; or who prepares, sells, serves, or prepares for sale, either to be consumed on the premises, or elsewhere, both kosher and nonkosher meat or meat preparations, or food or food products in the same place of business, who fails to keep separate kitchens and dining rooms, wherein meat or meat preparations, or food or food products are prepared and served; or who fails to keep and use separate and distinctly labeled or marked dishes and utensils wherein such meat or meat preparation of food or food product is prepared and served; or who shall fail to indicate on all signs and display advertising, in, on, or about said person's premises, in block letters, at least four inches in height, "kosher and nonkosher food prepared and sold here", as the case may be, or persons dealing in kosher meat or meat preparations, kosher food or food products only and persons dealing in both kosher and nonkosher meat or meat preparations, kosher and nonkosher food or food products who fail to adhere to and abide by orthodox Hebrew religious rules and requirements, shall be guilty of a misdemeanor, punishable by a fine of not less than twenty-five dollars, nor more than five hundred dollars, or by imprisonment of not less than thirty days nor more than one year, or both. Possession of nonkosher meat or meat preparation, or food or food product in any place of business advertising the sale of kosher meat and food only, is prima facie evidence that the person in possession exposes the same for sale with intent to defraud in violation of the provisions of this section.] 1. Except as provided in subsections 2 and 3 of this section, all food and food products which are sold or offered for sale as "kosher" or "kosher for Passover" and which are packaged in a sealed container shall have a label or symbol affixed thereto by the manufacturer, packer, or certifier of such food or food products representing the person, agency, or entity that certified such product as kosher or kosher for Passover. No person or entity other than such manufacturer, packer, or certifier shall affix such labels or symbols.

              2. All food or food products which are sold or offered for sale as kosher or kosher for Passover and which are not packaged in a sealed container, or are packaged in a sealed container and do not meet the requirements of subsection 1 of this section shall not be sold or offered for sale unless the seller displays a sign which is clearly readable from where the kosher product is being offered for sale and which includes all of the following:

              (1) A description of each food item which is kosher or kosher for Passover;

              (2) The identity of the person, agency, or entity that has certified each food item as kosher or kosher for Passover;

              (3) Certification that all equipment used in the preparation, storing, and serving of each food or food product is kosher or kosher for Passover;

              (4) The time period during which the kosher certification is in effect, which shall not exceed twelve months; and

              (5) The designation of "dairy" or "D" for any product containing dairy ingredients.

              3. Any person who sells or offers for sale in the same place of business both kosher certified and nonkosher certified poultry, meat, or meat preparations, either raw or prepared for human consumption, shall display signage clearly readable from where such products are being sold or offered for sale disclosing that both kosher and nonkosher meat or poultry are being sold, and clearly identifying which products are certified as kosher. This subsection shall not apply to the sale of poultry, poultry products, meats, or meat products sold solely in separate consumer packages which have been prepackaged and have a kosher certification label or symbol affixed as provided in subsection 1 of this section.

              4. Any person who violates subsection 1, 2, or 3 of this section is guilty of a class B misdemeanor.

              5. The presence of any poultry, poultry products, meats, meat products, or any prepared food that is not certified as kosher under subsection 1 or 2 of this section at an establishment which represents that it sells only food that is kosher is prima facie evidence that the person or establishment in possession of such food has offered such food for sale with intent to defraud in violation of this section.

              6. Any person subject to the requirements of subsections 2 and 3 of this section shall not be deemed to have committed an unlawful practice if it can be shown by a preponderance of the evidence that the person justifiably relied in good faith upon the representations of a slaughterhouse, manufacturer, processor, packer, or distributor of any food represented to be kosher or kosher for Passover. Nothing in this subsection shall be construed as altering any person's recourses for unlawful conduct under Missouri law, nor shall any portion of this section be construed as limiting the legal rights of any person injured by the conduct of any slaughterhouse, manufacturer, processor, packer, or distributor.”; and


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


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


            Representative Faith offered House Amendment No. 6.


House Amendment No. 6


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 829, Page 13, Section 303.025, Line 40, by inserting after all of said line the following:


              “304.705. 1. In any county with a population of more than one hundred eighty thousand inhabitants that adjoins a county with a charter form of government with a population of more than nine hundred thousand inhabitants, all trucks registered for a gross weight of more than twenty-four thousand pounds, as of January 1, 2008, shall not be driven in the far left lane upon an interstate highway having at least three lanes proceeding in the same direction, within three miles of where an interstate highway and a three-digit numbered Missouri route intersects with an average daily traffic count on the interstate highway of at least one hundred thirty thousand vehicles at such point. The Missouri department of transportation shall design, manufacture, and install any informational and directional signs at the appropriate locations. Such restriction shall not apply when:

              (1) It is reasonably necessary for the operation of the truck to respond to emergency conditions; or

              (2) The right or a center lane of a roadway is closed to traffic while under construction, maintenance, or repair.

              2. As used in this section, "truck" means any vehicle, machine, tractor trailer, or semitrailer, or any combination thereof, propelled or drawn by mechanical power and designed for or used in the transportation of property upon the highways.

              3. A violation of this section is [an infraction] a class C misdemeanor unless such violation causes an immediate threat of an accident, in which case such violation shall be deemed a class [C] B misdemeanor, or unless an accident results from such violation, in which case such violation is a class A misdemeanor.”; and


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


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


            Representative Lipke raised a point of order that House Amendment No. 1 to House Amendment No. 6 goes beyond the scope of the underlying amendment.


            The Chair ruled the point of order well taken.


            On motion of Representative Faith, House Amendment No. 6 was adopted.


            Representative Storch offered House Amendment No. 7.


House Amendment No. 7


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 829, Section 209.200, Page 8, Line 20, by inserting after all of said section and line the following:


              “210.950. 1. This section shall be known and may be cited as the "Safe Place for Newborns Act of 2002". The purpose of this section is to protect newborn children from injury and death caused by abandonment by a parent, and to provide safe and secure alternatives to such abandonment.

              2. As used in this section, the following terms mean:

              (1) "Hospital", as defined in section 197.020, RSMo;

              (2) "Nonrelinquishing parent", the biological parent who does not leave a newborn infant with any person listed in subsection 3 of this section in accordance with this section;

              (3) "Relinquishing parent", the biological parent or person acting on such parent's behalf who leaves a newborn infant with any person listed in subsection 3 of this section in accordance with this section.

              3. A parent shall not be prosecuted for a violation of section 568.030, 568.032, 568.045 or 568.050, RSMo, for actions related to the voluntary relinquishment of a child up to [five] thirty days old pursuant to this section [and it shall be an affirmative defense to prosecution for a violation of sections 568.030, 568.032, 568.045 and 568.050, RSMo, that a parent who is a defendant voluntarily relinquished a child no more than one year old pursuant to this section] if:

              (1) Expressing intent not to return for the child, the parent voluntarily delivered the child safely to the physical custody of any of the following persons:

              (a) An employee, agent, or member of the staff of any hospital, in a health care provider position or on duty in a nonmedical paid or volunteer position;

              (b) A firefighter or emergency medical technician on duty in a paid position or on duty in a volunteer position; or

              (c) A law enforcement officer;

              (2) The child was no more than [one year] thirty days old when delivered by the parent to any person listed in subdivision (1) of this subsection; and

              (3) The child has not been abused or neglected by the parent prior to such voluntary delivery.

              4. A parent voluntarily relinquishing a child under this section shall not be required to provide any identifying information about the child or the parent. No person shall induce or coerce, or attempt to induce or coerce, a parent into revealing his or her identity. No officer, employee, or agent of this state or any political subdivision of this state shall attempt to locate or determine the identity of such parent. In addition, any person who obtains information on the relinquishing parent shall not disclose such information except to the following:

              (1) A birth parent who has waived anonymity or the child's adoptive parent;

              (2) The staff of the department of health and senior services, the department of social services, or any county health or social services agency or licensed child welfare agency that provides services to the child;

              (3) Persons performing juvenile court intake or dispositional services;

              (4) The attending physician;

              (5) The child's foster parent or any other person who has physical custody of the child;

              (6) A juvenile court or other court of competent jurisdiction conducting proceedings relating to the child;

              (7) The attorney representing the interests of the public in proceedings relating to the child; and

              (8) The attorney representing the interests of the child.

              5. A person listed in subdivision (1) of subsection 3 of this section shall, without a court order, take physical custody of a child the person reasonably believes to be no more than [one year] thirty days old and is delivered in accordance with this section by a person purporting to be the child's parent. If delivery of a newborn is made pursuant to this section in any place other than a hospital, the person taking physical custody of the child shall arrange for the immediate transportation of the child to the nearest hospital licensed pursuant to chapter 197, RSMo.

              [5.] 6. The hospital, its employees, agents and medical staff shall perform treatment in accordance with the prevailing standard of care as necessary to protect the physical health or safety of the child. The hospital shall notify the division of family services and the local juvenile officer upon receipt of a child pursuant to this section. The local juvenile officer shall immediately begin protective custody proceedings and request the child be made a ward of the court during the child's stay in the medical facility. Upon discharge of the child from the medical facility and pursuant to a protective custody order ordering custody of the child to the division, the children's division [of family services] shall take physical custody of the child. The parent's voluntary delivery of the child in accordance with this section shall constitute the parent's implied consent to any such act and a voluntary relinquishment of such parent's parental rights.

              [6.] 7. In any termination of parental rights proceeding initiated after the relinquishment of a child pursuant to this section, the juvenile officer shall make public notice that a child has been relinquished, including the sex of the child, and the date and location of such relinquishment. Within thirty days of such public notice, the [nonrelinquishing] parent wishing to establish parental rights shall identify himself or herself to the court and state his or her intentions regarding the child. The court shall initiate proceedings to establish paternity, or if no person identifies himself as the father within thirty days, maternity. The juvenile officer shall make examination of the putative father registry established in section 192.016, RSMo, to determine whether attempts have previously been made to preserve parental rights to the child. If such attempts have been made, the juvenile officer shall make reasonable efforts to provide notice of the abandonment of the child to such putative father.

              [7.] 8. (1) If a relinquishing parent of a child relinquishes custody of the child to any person listed in subsection 3 of this section in accordance with this section and to preserve the parental rights of the nonrelinquishing parent, the nonrelinquishing parent shall take such steps necessary to establish parentage within thirty days after the public notice or specific notice provided in subsection [6] 7 of this section.

              (2) If [a nonrelinquishing] either parent fails to take steps to establish parentage within the thirty-day period specified in subdivision (1) of this subsection, [the nonrelinquishing] either parent may have all of his or her rights terminated with respect to the child.

              (3) When [a nonrelinquishing] either parent inquires at a hospital regarding a child whose custody was relinquished pursuant to this section, such facility shall refer [the nonrelinquishing] either parent to the children's division [of family services] and the juvenile court exercising jurisdiction over the child.

              [8.] 9. The persons listed in subdivision (1) of subsection 3 of this section shall be immune from civil, criminal, and administrative liability for accepting physical custody of a child pursuant to this section if such persons accept custody in good faith. Such immunity shall not extend to any acts or omissions, including negligent or intentional acts or omissions, occurring after the acceptance of such child.

              [9.] 10. The children's division [of family services] shall:

              (1) Provide information and answer questions about the process established by this section on the statewide, toll-free telephone number maintained pursuant to section 210.145;

              (2) Provide information to the public by way of pamphlets, brochures, or by other ways to deliver information about the process established by this section.

              [10.] 11. Nothing in this section shall be construed as conflicting with section 210.125.”; and

 

              Further amend said bill, Section 211.031, Page 10, Line 90, by inserting after all of said section and line the following:


              “211.447. 1. Any information that could justify the filing of a petition to terminate parental rights may be referred to the juvenile officer by any person. The juvenile officer shall make a preliminary inquiry and if it does not appear to the juvenile officer that a petition should be filed, such officer shall so notify the informant in writing within thirty days of the referral. Such notification shall include the reasons that the petition will not be filed. Thereupon, the informant may bring the matter directly to the attention of the judge of the juvenile court by presenting the information in writing, and if it appears to the judge that the information could justify the filing of a petition, the judge may order the juvenile officer to take further action, including making a further preliminary inquiry or filing a petition.

              2. Except as provided for in subsection 4 of this section, a petition to terminate the parental rights of the child's parent or parents shall be filed by the juvenile officer or the division, or if such a petition has been filed by another party, the juvenile officer or the division shall seek to be joined as a party to the petition, when:

              (1) Information available to the juvenile officer or the division establishes that the child has been in foster care for at least fifteen of the most recent twenty-two months; or

              (2) A court of competent jurisdiction has determined the child to be an abandoned infant. For purposes of this subdivision, an "infant" means any child one year of age or under at the time of filing of the petition. The court may find that an infant has been abandoned if:

              (a) The parent has left the child under circumstances that the identity of the child was unknown and could not be ascertained, despite diligent searching, and the parent has not come forward to claim the child; or

              (b) The parent has, without good cause, left the child without any provision for parental support and without making arrangements to visit or communicate with the child, although able to do so; or

              (c) The parent has voluntarily relinquished a child under section 210.950; or

              (3) A court of competent jurisdiction has determined that the parent has:

              (a) Committed murder of another child of the parent; or

              (b) Committed voluntary manslaughter of another child of the parent; or

              (c) Aided or abetted, attempted, conspired or solicited to commit such a murder or voluntary manslaughter; or

              (d) Committed a felony assault that resulted in serious bodily injury to the child or to another child of the parent.

              3. A termination of parental rights petition shall be filed by the juvenile officer or the division, or if such a petition has been filed by another party, the juvenile officer or the division shall seek to be joined as a party to the petition, within sixty days of the judicial determinations required in subsection 2 of this section, except as provided in subsection 4 of this section. Failure to comply with this requirement shall not deprive the court of jurisdiction to adjudicate a petition for termination of parental rights which is filed outside of sixty days.

              4. If grounds exist for termination of parental rights pursuant to subsection 2 of this section, the juvenile officer or the division may, but is not required to, file a petition to terminate the parental rights of the child's parent or parents if:

              (1) The child is being cared for by a relative; or

              (2) There exists a compelling reason for determining that filing such a petition would not be in the best interest of the child, as documented in the permanency plan which shall be made available for court review; or

              (3) The family of the child has not been provided such services as provided for in section 211.183.

              5. The juvenile officer or the division may file a petition to terminate the parental rights of the child's parent when it appears that one or more of the following grounds for termination exist:

              (1) The child has been abandoned. For purposes of this subdivision a "child" means any child over one year of age at the time of filing of the petition. The court shall find that the child has been abandoned if, for a period of six months or longer:

              (a) The parent has left the child under such circumstances that the identity of the child was unknown and could not be ascertained, despite diligent searching, and the parent has not come forward to claim the child; or

              (b) The parent has, without good cause, left the child without any provision for parental support and without making arrangements to visit or communicate with the child, although able to do so;

              (2) The child has been abused or neglected. In determining whether to terminate parental rights pursuant to this subdivision, the court shall consider and make findings on the following conditions or acts of the parent:

              (a) A mental condition which is shown by competent evidence either to be permanent or such that there is no reasonable likelihood that the condition can be reversed and which renders the parent unable to knowingly provide the child the necessary care, custody and control;

              (b) Chemical dependency which prevents the parent from consistently providing the necessary care, custody and control of the child and which cannot be treated so as to enable the parent to consistently provide such care, custody and control;

              (c) A severe act or recurrent acts of physical, emotional or sexual abuse toward the child or any child in the family by the parent, including an act of incest, or by another under circumstances that indicate that the parent knew or should have known that such acts were being committed toward the child or any child in the family; or

              (d) Repeated or continuous failure by the parent, although physically or financially able, to provide the child with adequate food, clothing, shelter, or education as defined by law, or other care and control necessary for the child's physical, mental, or emotional health and development;

              (3) The child has been under the jurisdiction of the juvenile court for a period of one year, and the court finds that the conditions which led to the assumption of jurisdiction still persist, or conditions of a potentially harmful nature continue to exist, that there is little likelihood that those conditions will be remedied at an early date so that the child can be returned to the parent in the near future, or the continuation of the parent-child relationship greatly diminishes the child's prospects for early integration into a stable and permanent home. In determining whether to terminate parental rights under this subdivision, the court shall consider and make findings on the following:

              (a) The terms of a social service plan entered into by the parent and the division and the extent to which the parties have made progress in complying with those terms;

              (b) The success or failure of the efforts of the juvenile officer, the division or other agency to aid the parent on a continuing basis in adjusting his circumstances or conduct to provide a proper home for the child;

              (c) A mental condition which is shown by competent evidence either to be permanent or such that there is no reasonable likelihood that the condition can be reversed and which renders the parent unable to knowingly provide the child the necessary care, custody and control;

              (d) Chemical dependency which prevents the parent from consistently providing the necessary care, custody and control over the child and which cannot be treated so as to enable the parent to consistently provide such care, custody and control; or

              (4) The parent has been found guilty or pled guilty to a felony violation of chapter 566, RSMo, when the child or any child in the family was a victim, or a violation of section 568.020, RSMo, when the child or any child in the family was a victim. As used in this subdivision, a "child" means any person who was under eighteen years of age at the time of the crime and who resided with such parent or was related within the third degree of consanguinity or affinity to such parent; or

              (5) The child was conceived and born as a result of an act of forcible rape. When the biological father has pled guilty to, or is convicted of, the forcible rape of the birth mother, such a plea or conviction shall be conclusive evidence supporting the termination of the biological father's parental rights; or

              (6) The parent is unfit to be a party to the parent and child relationship because of a consistent pattern of committing a specific abuse, including but not limited to, abuses as defined in section 455.010, RSMo, child abuse or drug abuse before the child or of specific conditions directly relating to the parent and child relationship either of which are determined by the court to be of a duration or nature that renders the parent unable, for the reasonably foreseeable future, to care appropriately for the ongoing physical, mental or emotional needs of the child. It is presumed that a parent is unfit to be a party to the parent-child relationship upon a showing that within a three-year period immediately prior to the termination adjudication, the parent's parental rights to one or more other children were involuntarily terminated pursuant to subsection 2 or 4 of this section or subdivisions (1), (2), (3) or (4) of subsection 5 of this section or similar laws of other states.

              6. The juvenile court may terminate the rights of a parent to a child upon a petition filed by the juvenile officer or the division, or in adoption cases, by a prospective parent, if the court finds that the termination is in the best interest of the child and when it appears by clear, cogent and convincing evidence that grounds exist for termination pursuant to subsection 2, 4 or 5 of this section.

              7. When considering whether to terminate the parent-child relationship pursuant to subsection 2 or 4 of this section or subdivision (1), (2), (3) or (4) of subsection 5 of this section, the court shall evaluate and make findings on the following factors, when appropriate and applicable to the case:

              (1) The emotional ties to the birth parent;

              (2) The extent to which the parent has maintained regular visitation or other contact with the child;

              (3) The extent of payment by the parent for the cost of care and maintenance of the child when financially able to do so including the time that the child is in the custody of the division or other child-placing agency;

              (4) Whether additional services would be likely to bring about lasting parental adjustment enabling a return of the child to the parent within an ascertainable period of time;

              (5) The parent's disinterest in or lack of commitment to the child;

              (6) The conviction of the parent of a felony offense that the court finds is of such a nature that the child will be deprived of a stable home for a period of years; provided, however, that incarceration in and of itself shall not be grounds for termination of parental rights;

              (7) Deliberate acts of the parent or acts of another of which the parent knew or should have known that subjects the child to a substantial risk of physical or mental harm.

              8. The court may attach little or no weight to infrequent visitations, communications, or contributions. It is irrelevant in a termination proceeding that the maintenance of the parent-child relationship may serve as an inducement for the parent's rehabilitation.

              9. In actions for adoption pursuant to chapter 453, RSMo, the court may hear and determine the issues raised in a petition for adoption containing a prayer for termination of parental rights filed with the same effect as a petition permitted pursuant to subsection 2, 4, or 5 of this section.”; and


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


            On motion of Representative Storch, House Amendment No. 7 was adopted.


            Representative Cunningham offered House Amendment No. 8.


House Amendment No. 8


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 829, Page 15, Section 479.260, Line 55, by inserting after all of said section and line the following:


              “488.2205. 1. In addition to all court fees and costs prescribed by law, a surcharge of up to ten dollars shall be assessed as costs in each court proceeding filed in any court within the thirtieth judicial circuit in all criminal cases including violations of any county or municipal ordinance or any violation of a criminal or traffic law of the state, including an infraction, except that no such surcharge shall be collected in any proceeding in any court when the proceeding or defendant has been dismissed by the court or when costs are to be paid by the state, county or municipality. For violations of the general criminal laws of the state or county ordinances, no such surcharge shall be collected unless it is authorized, by order, ordinance or resolution by the county government where the violation occurred. For violations of municipal ordinances, no such surcharge shall be collected unless it is authorized, by order, ordinance or resolution by the municipal government where the violation occurred. Such surcharges shall be collected and disbursed by the clerk of each respective court responsible for collecting court costs in the manner provided by sections 488.010 to 488.020, and shall be payable to the treasurer of the county where the violation occurred.

              2. Each county shall use all funds received pursuant to this section only to pay for the costs associated with the construction, maintenance and operation of the county judicial facility and the circuit juvenile detention center including, but not limited to, utilities, maintenance and building security. The county shall maintain records identifying such operating costs, and any moneys not needed for the operating costs of the county judicial facility shall be transmitted quarterly to the general revenue fund of the county.

              3. This section shall expire and be of no force and effect on and after January 1, [2010] 2020.”; and


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


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


            Representative Hobbs offered House Amendment No. 9.


House Amendment No. 9


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 829, Page 13, Section 303.025, Line 40, by inserting after all of said line the following:


              339.1100. Sections 339.1100 to 339.1240 shall be known and may be cited as the "Missouri Appraisal Management Company Registration and Regulation Act".


              339.1105. As used in sections 339.1100 to 339.1240, unless the context otherwise requires, the following terms shall mean:

              (1) "Appraisal" or "real estate appraisal", an objective analysis, evaluation, opinion, or conclusion relating to the nature, quality, value or utility of specified interests in, or aspects of, identified real estate. An appraisal may be classified by subject matter into either a valuation or an analysis;

              (2) "Appraisal management company", an individual or business entity that utilizes an appraisal panel and performs, directly or indirectly, appraisal management services;

              (3) "Appraisal management services", to directly or indirectly perform any of the following functions on behalf of a lender, financial institution, client, or any other person:

              (a) Administer an appraiser panel;

              (b) Recruit, qualify, verify licensing or certification, and negotiate fees and service level expectations with persons who are part of an appraiser panel;

              (c) Receive an order for an appraisal from one person and deliver the order for the appraisal to an appraiser that is part of an appraiser panel for completion;

              (d) Track and determine the status of orders for appraisals;

              (e) Conduct quality control of a completed appraisal prior to the delivery of the appraisal to the person that ordered the appraisal; and

              (f) Provide a completed appraisal performed by an appraiser to one or more persons who have ordered an appraisal;

              (4) "Appraisal review", the act or process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraisal assignment, except that an examination of an appraisal for grammatical, typographical, or other similar errors shall not be an appraisal review;

              (5) "Appraiser", an individual who holds a license as a state licensed real estate appraiser or certification as a state certified real estate appraiser under this chapter;

              (6) "Appraiser panel", a network of licensed or certified appraisers that have:

              (a) Responded to an invitation, request, or solicitation from an appraisal management company, in any form, to perform appraisals for persons that have ordered appraisals through the appraisal management company or to perform appraisals for the appraisal management company directly; and

              (b) Been selected and approved by an appraisal management company to perform appraisals for any client of the appraisal management company that has ordered an appraisal through the appraisal management company or to perform appraisals for the appraisal management company directly;

              (7) "Commission", the Missouri real estate appraisers commission created in section 339.507;

              (8) "Controlling person":

              (a) An owner, officer or director of a corporation, partnership, or other business entity seeking to offer appraisal management services in this state;

              (b) An individual employed, appointed, or authorized by an appraisal management company that has the authority to enter into a contractual relationship with other persons for the performance of appraisal management services and has the authority to enter into agreements with appraisers for the performance of appraisals; or

              (c) An individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of an appraisal management company;

              (9) "State certified real estate appraiser", a person who develops and communicates real estate appraisals and who holds a current valid certificate issued to the person for either general or residential real estate under this chapter;

              (10) "State licensed real estate appraiser", a person who holds a current valid real estate appraiser license issued under this chapter.


              339.1110. 1. No person shall directly or indirectly engage or attempt to engage in business as an appraisal management company, to directly or indirectly engage or attempt to perform appraisal management services, or to advertise or hold itself out as engaging in or conducting business as an appraisal management company without first obtaining a registration issued by the commission under sections 339.1100 to 339.1240.

              2. The registration required by subsection 1 of this section shall, at a minimum, include the following:

              (1) Name of the entity seeking registration;

              (2) Business address of the entity seeking registration which shall be located and maintained within this state;

              (3) Phone contact information of the entity seeking registration;

              (4) If the entity is not a corporation that is domiciled in this state, the name and contact information for the company's agent for service of process in this state;

              (5) The name, address, and contact information for any individual or any corporation, partnership, or other business entity that owns ten percent or more of the appraisal management company;

              (6) The name, address, and contact information for a designated controlling person to be the primary communication source for the commission;

              (7) A certification that the entity has a system and process in place to verify that a person being added to the appraiser panel of the appraisal management company for appraisal services to be performed in Missouri holds a license in good standing in Missouri, if a license or certification is required to perform appraisals under section 339.1180;

              (8) A certification that the entity has a system in place to review the work of all appraisers who are performing real estate appraisal services for the appraisal management company on a periodic basis to validate that the real estate appraisal services are being conducted in accordance with Uniform Standards of Professional Appraisal Practice (USPAP) under section 339.1185;

              (9) A certification that the entity maintains a detailed record of each service request that it receives for appraisal services within the state of Missouri and the appraiser who performs the real estate appraisal services for the appraisal management company under section 339.1190;

              (10) An irrevocable Uniform Consent to Service of Process under section 339.1130; and

              (11) Any other reasonable information required by the commission to complete the registration process.


              339.1115. Sections 339.1100 to 339.1240 shall not apply to:

              (1) A person who exclusively employs appraisers on an employer and employee basis for the performance of appraisals;

              (2) A national or state bank, federal or state savings institution, or credit union that is subject to direct regulation or supervision by an agency of the United States government, or by the department of insurance, financial institutions or professional registration, that receives a request for the performance of an appraisal from one employee of the financial institution, and another employee of the same financial institution assigns the request for the appraisal to an appraiser who is an independent contractor to the institution. An entity exempt as provided in this subdivision shall file a notice with the commission the information required in section 339.1110;

              (3) An appraiser that enters into an agreement, whether written or otherwise, with an appraiser for the performance of an appraisal, and upon the completion of the appraisal, the report of the appraiser performing the appraisal is signed by both the appraiser who completed the appraisal and the appraiser who requested the completion of the appraisal;

              (4) A state agency or local municipality that orders appraisals for ad valorem tax purposes or any other business on behalf of the state of Missouri;

              (5) Any person licensed to practice law in this state, a court-appointed personal representative, or a trustee who orders an appraisal in connection with a bona fide client relationship when such person directly contracts with an independent appraiser.


              339.1120. An applicant for a registration as an appraisal management company shall submit to the commission an application containing the information required in subsection 2 of section 339.1110 on a form prescribed by the commission.


              339.1125. Registration shall be valid for two years from its issuance.


              339.1130. Each entity applying for a registration as an appraisal management company in Missouri shall complete an irrevocable Uniform Consent to Service of Process, as prescribed by the commission.


              339.1135. 1. The commission shall establish by rule the fee to be paid by each appraisal management company seeking registration under sections 339.1100 to 339.1240, such that the sum of the fees paid by all appraisal management companies seeking registration under this section shall be sufficient for the administration of sections 339.1100 to 339.1240. The commission shall charge and collect fees to be utilized to fund activities that may be necessary to carry out the provisions of this chapter.

              2. Each applicant for registration shall post with the commission and maintain on renewal a surety bond in the amount of twenty thousand dollars. The details of the bond shall be prescribed by rule of the commission, however, the bond shall not be used to assist appraisers in collection efforts of credit extended by the appraiser.

              3. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in sections 339.1100 to 339.1240 shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. Sections 339.1100 to 339.1240 and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 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, 2010, shall be invalid and void.


              339.1140. 1. An appraisal management company applying for a registration in Missouri shall not be more than ten percent owned by:

              (1) A person who has had a license or certificate to act as an appraiser refused, denied, canceled, revoked, or surrendered in lieu of a pending revocation in any state;

              (2) An entity that is more than ten percent owned by any person who has had a license or certificate to act as an appraiser refused, denied, canceled, revoked, or surrendered in lieu of a pending revocation in any state.

              2. Each person who owns more than ten percent of an appraisal management company in this state shall:

              (1) Be of good moral character, as determined by the commission; and

              (2) Submit to a background investigation, as determined by the commission.

              3. Each appraisal management company applying for registration shall certify to the commission that it has reviewed each entity that owns more than ten percent of the appraisal management company and that no entity that owns more than ten percent of the appraisal management company is more than ten percent owned by any person who has had a license or certificate to act as an appraiser refused, denied, cancelled, revoked, or surrendered in lieu of a pending revocation.

              4. Each appraisal management company shall notify the commission within thirty days of a change in its controlling principal, agent of record, or ownership composition.


              339.1145. 1. Each appraisal management company applying to the commission for a registration in this state shall designate one compliance manager who will be the main contact for all communication between the commission and the appraisal management company.

              2. The designated controlling person under subsection 1 of this section shall:

              (1) Have never had a license or certificate to act as an appraiser refused, denied, canceled, revoked, or surrendered in lieu of a pending revocation in any state;

              (2) Be of good moral character, as determined by the commission; and

              (3) Submit to a background investigation, as determined by the commission.


              339.1150. 1. An appraisal management company that applies to the commission for registration to do business in this state as an appraisal management company under subdivision (1) of section 339.1115 shall not:

              (1) Employ any person directly involved in appraisal management services who has had a license or certificate to act as an appraiser in Missouri or in any other state refused, denied, cancelled, revoked, or surrendered in lieu of a pending revocation;

              (2) Knowingly enter into any independent contractor arrangement, whether in verbal, written, or other form, with any person who has had a license or certificate to act as an appraiser in Missouri or in any other state refused, denied, cancelled, revoked, or surrendered in lieu of a pending revocation;

              (3) Knowingly enter into any contract, agreement, or other business relationship directly involved with the performance of real estate appraisal or appraisal management services, whether in verbal, written, or any other form, with any entity that employs, has entered into an independent contract arrangement, or has entered into any contract, agreement, or other business relationship, whether in verbal, written, or any other form, with any person who has ever had a license or certificate to act as an appraiser in Missouri or in any other state, refused, denied, cancelled, revoked, or surrendered in lieu of a pending revocation.


              339.1155. Prior to placing an assignment for real estate appraisal services within the state of Missouri with an appraiser on the appraiser panel of an appraisal management company, the appraisal management company shall have a system in place to verify that the appraiser receiving the assignment holds a credential in good standing in the state of Missouri. Letters of engagement shall include instructions to the appraiser to decline the assignment in the event the appraiser is not geographically competent or the assignment falls outside the appraiser's scope of practice restrictions.


              339.1160. Any employee or independent contractor of the appraisal management company who performs an appraisal review shall be an individual who holds a license as a state licensed real estate appraiser or certification as a state certified real estate appraiser under this chapter. Letters of engagement shall include instructions to the appraiser to decline the appraisal review assignment in the event the appraiser is not geographically competent or the assignment falls outside the appraiser's scope of practice restrictions.


              339.1170. Each appraisal management company seeking to be registered shall certify to the commission on a biannual basis on a form prescribed by the commission that the appraisal management company has a system and process in place to verify that an individual being added to the appraiser panel of the appraisal management company holds a license in good standing in this state under this chapter.


              339.1175. Each appraisal management company seeking to be registered shall certify to the commission on a biannual basis on a form prescribed by the commission that the appraisal management company has a system in place to verify that an individual to whom the appraisal management company is making an assignment for the completion of an appraisal has not had a license or certification as an appraiser refused, denied, cancelled, revoked, or surrendered in lieu of a pending revocation on a regular basis.


              339.1180. Each registered appraisal management company shall certify to the commission on a biannual basis that it has a system in place to perform an appraisal review on a periodic basis of the work of all appraisers who are performing appraisals for the appraisal management company to validate that the appraisals are being conducted in accordance with Uniform Standards of Professional Appraisal Practice (USPAP). An appraisal management company shall report to the commission the results of any appraisal reviews in which an appraisal is found to be substantially noncompliant with USPAP or state or federal laws pertaining to appraisals.


              339.1185. 1. Each appraisal management company seeking to be registered shall certify to the commission biannually that it maintains a detailed record of each service request for appraisal services within the state of Missouri and that it receives of each appraiser who performs an appraisal for the appraisal management company in the state of Missouri.

              2. All appraisal management company records shall be retained for five years.


              339.1190. 1. An appraisal management company shall not prohibit its appraiser who is part of an appraiser panel from recording the fee that the appraiser was paid by the appraisal management company for the performance of the appraisal within the appraisal report that is submitted by the appraiser to the appraisal management company.

              2. An appraisal management company shall separately state to the client the fees paid to an appraiser for appraisal services and the fees charged by the appraisal management company for services associated with the management of the appraisal process, including procurement of the appraiser's services.


              339.1200. 1. No employee, director, officer, or agent of an appraisal management company shall influence or attempt to influence the development, reporting, or review of an appraisal through coercion, extortion, collusion, compensation, instruction, inducement, intimidation, bribery or in any other manner, including but not limited to:

              (1) Withholding or threatening to withhold timely payment for an appraisal, except in cases of substandard performance or noncompliance with conditions of engagement;

              (2) Withholding or threatening to withhold future business, or demoting, terminating, or threatening to demote or terminate an appraiser;

              (3) Expressly or impliedly promising future business, promotions, or increased compensation for an appraiser;

              (4) Conditioning the request for an appraisal or the payment of an appraisal fee or salary or bonus on the opinion, conclusion, or valuation to be reached, or on a preliminary estimate or opinion requested from an appraiser;

              (5) Requesting that an appraiser provide an estimated, predetermined, or desired valuation in an appraisal report, or provide estimated values or comparable sales at any time prior to the appraiser's completion of an appraisal;

              (6) Providing to an appraiser an anticipated, estimated, encouraged, or desired value for a subject property or a proposed or target amount to be loaned to the borrower, except that a copy of the sales contract for purchase transactions may be provided;

              (7) Providing to an appraiser, or any entity or person related to the appraiser, stock or other financial or nonfinancial benefits;

              (8) Allowing the removal of an appraiser from an appraiser panel without prior written notice to such appraiser;

              (9) Any other act or practice that knowingly impairs or attempts to impair an appraiser's independence, objectivity, or impartiality;

              (10) Requiring an appraiser to collect an appraisal fee on behalf of the appraisal management company from the borrower, homeowner, or other third party; or

              (11) Requiring an appraiser to inde