jrn063_54.ps

Father in Heaven, all of Your creation does praise You in the beauty and dignity that You have given it. Help us to see Your glory in Your creation, and guide our actions in praise of Your sovereignty. We pray to You who reigns as God of life and death forever and ever. Amen.

The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Nathen Gober, Owen Gober, Emma Gober, Peter Fehner, Emily Ross, James Schneider, Andrew Thompson, Brandon Uebele, Kaitlin Long, Adam Reeves, Joe Griffith, Trevor Burge, Nicolaas Bradbaart, Eleanor Rose Clark, Michael Barbercheck, Kariann Lee Kloss, Elliot James Bulejski, Kimberly Mae Kloss, Carly Nicole Cressler, Paige Madison Krejci, Andrea Keltz, Luke Beattie, Conor O'Neal, Rachel Rost, Janssen Blackmon and Dorjai West.

Jonathan and Phillip Arnold of Gallatin were introduced by Representative Whorton and recognized as Outstanding Missourians.

HCS SB 21, relating to the Putative Father Registry Fund, was taken up by Representative Stevenson.

AMEND House Committee Substitute for Senate Bill No. 21, Page 3, Section 453.020, Line 13, by inserting after all of said line the following:

"453.121. 1. As used in this section, unless the context clearly indicates otherwise, the following terms mean:

(1) "Adopted adult", any adopted person who is [twenty-one] eighteen years of age or over;

(2) "Adopted child", any adopted person who is less than [twenty-one] eighteen years of age;

(3) "Adult sibling", any brother or sister of the whole or half blood who is [twenty-one] eighteen years of age or over;

(4) "Identifying information", information which includes the name, date of birth, place of birth and last known address of the biological parent;

(5) "Nonidentifying information", information concerning the physical description, nationality, religious background and medical history of the biological parent or sibling.

2. All papers, records, and information pertaining to an adoption whether part of any permanent record or file may be disclosed only in accordance with this section.

3. Nonidentifying information, if known, concerning undisclosed biological parents or siblings shall be furnished by the child-placing agency or the juvenile court to the adoptive parents, legal guardians or adopted adult upon written request therefor.

4. An adopted adult may make a written request to the circuit court having original jurisdiction of such adoption to secure and disclose information identifying the adopted adult's biological parents. If the biological parents have consented to the release of identifying information under subsection 11 of this section, the court shall disclose such identifying information to the adopted adult. If the biological parents have not consented to the release of identifying information under subsection 11 of this section, the court shall, within ten days of receipt of the request, notify in writing the adoptive parents of such petitioner and the child-placing agency or juvenile court personnel having access to the information requested of the request by the adopted adult.

5. Within three months after receiving notice of the request of the adopted adult, the child-placing agency or juvenile court personnel shall notify the adoptive parents, if such adoptive parents are living and shall not make any attempt to notify the biological parents without prior written consent of such adoptive parents for adoptions instituted or completed prior to August 13, 1986, but may proceed if there is proof that the adoptive parents are deceased or incapacitated, as such term is defined in chapter 475, RSMo. If the adoptive parents are living but are unwilling to give such written consent, the child-placing agency or the juvenile court personnel shall make a written report to the court stating that they were unable to notify the biological parent. If the adoptive parents are deceased or give written consent, the child-placing agency or the juvenile court personnel shall make reasonable efforts to notify the biological parents of the request of the adopted adult. The child-placing agency or juvenile court personnel may charge actual costs to the adopted adult for the cost of making such search. All communications under this subsection are confidential. For purposes of this subsection, "notify" means a personal and confidential contact with the biological parent of the adopted adult, which initial contact shall not be made by mail and shall be made by an employee of the child-placing agency which processed the adoption, juvenile court personnel or some other licensed child-placing agency designated by the child-placing agency or juvenile court. Nothing in this section shall be construed to permit the disclosure of communications privileged pursuant to section 491.060, RSMo. At the end of three months, the child-placing agency or juvenile court personnel shall file a report with the court stating that each biological parent that was located was given the following information:

(4) The right of the biological parent to file an affidavit with the court stating that the identifying information should be disclosed;

(5) The effect of a failure of the biological parent to file an affidavit stating that the identifying information should be disclosed.

6. If the child-placing agency or juvenile court personnel reports to the court that it has been unable to notify the biological parent within three months, the identifying information shall not be disclosed to the adopted adult. Additional requests for the same or substantially the same information may not be made to the court within one year from the end of the three-month period during which the attempted notification was made, unless good cause is shown and leave of court is granted.

7. If, within three months, the child-placing agency or juvenile court personnel reports to the court that it has notified the biological parent pursuant to subsection 5 of this section, the court shall receive the identifying information from the child-placing agency. If an affidavit duly executed by a biological parent authorizing the release of information is filed with the court, the court shall disclose the identifying information as to that biological parent to the adopted adult, provided that the other biological parent either:

(2) Is known but cannot be found and notified pursuant to section 5 of this act;

(4) Has filed with the court an affidavit authorizing release of identifying information. If the biological parent fails or refuses to file an affidavit with the court authorizing the release of identifying information, then the identifying information shall not be released to the adopted adult. No additional request for the same or substantially the same information may be made within three years of the time the biological parent fails or refuses to file an affidavit authorizing the release of identifying information.

8. If the biological parent is deceased but previously had filed an affidavit with the court stating that identifying information shall be disclosed, the information shall be forwarded to and released by the court to the adopted adult. If the biological parent is deceased and, at any time prior to his death, the biological parent did not file an affidavit with the court stating that the identifying information shall be disclosed, the adopted adult may petition the court for an order releasing the identifying information. The court shall grant the petition upon a finding that disclosure of the information is necessary for health-related purposes.

9. Any adopted adult whose adoption was finalized in this state or whose biological parents had their parental rights terminated in this state may request the court to secure and disclose identifying information concerning an adult sibling and upon a finding by the court that such information is necessary for urgent health-related purposes in the same manner as provided in this section. Identifying information pertaining exclusively to the adult sibling, whether part of the permanent record of a file in the court or in an agency, shall be released only upon consent of that adult sibling.

10. The central office of the children's division [of family services of] within the department of social services shall maintain a registry by which biological parents, adult siblings, and adoptive adults may indicate their desire to be contacted by each other. The division may request such identification for the registry as a party may possess to assure positive identifications. [If] At the time of registry, a biological parent or adult sibling may consent in writing to the release of identifying information to an adopted adult. If such a consent has not been executed and the division believes that a match has occurred on the registry between [both] biological parents or adult siblings and an adopted adult, an employee of the division shall make the confidential contact provided in subsection 5 of this section with the biological parents or adult siblings and with the adopted adult. If the division believes that a match has occurred on the registry between one biological parent or adult sibling and an adopted adult, an employee of the division shall make the confidential contact provided by subsection 5 of this section with the biological parent or adult sibling. The division shall then attempt to make such confidential contact with the other biological parent, and shall proceed thereafter to make such confidential contact with the adopted adult only if the division determines that the other biological parent meets one of the conditions specified in subsection 7 of this section. The biological parent, adult sibling, or adopted adult may refuse to go forward with any further contact between the parties when contacted by the division.

11. The provisions of this section, except as provided in subsection 5 of this section governing the release of identifying and nonidentifying adoptive information apply to adoptions completed before and after August 13, 1986."; and

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

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

AYES: 124

Aull	Avery	Baker 25	Baker 123	Bearden
Bivins	Black	Bland	Bowman	Boykins
Bringer	Brooks	Brown 30	Brown 50	Bruns
Burnett	Casey	Chappelle-Nadal	Cooper 120	Cooper 155
Cooper 158	Corcoran	Cunningham 145	Cunningham 86	Curls
Darrough	Daus	Deeken	Dempsey	Donnelly
Dougherty	Dusenberg	Emery	Faith	Fares
Flook	Fraser	George	Goodman	Guest
Harris 23	Harris 110	Haywood	Henke	Hoskins
Hughes	Icet	Johnson 47	Johnson 61	Johnson 90
Jolly	Jones	Kratky	Kraus	Kuessner
Lager	Lampe	Lembke	LeVota	Liese
Lipke	Loehner	Low 39	Lowe 44	McGhee
Meadows	Meiners	Muschany	Nance	Nieves
Nolte	Oxford	Page	Pearce	Phillips
Portwood	Pratt	Quinn	Rector	Richard
Robb	Robinson	Roorda	Rucker	Rupp
Salva	Sander	Sater	Schaaf	Schlottach
Schneider	Schoemehl	Selby	Self	Shoemyer
Silvey	Skaggs	Smith 14	Smith 118	Spreng
Stefanick	St. Onge	Storch	Sutherland	Swinger
Threlkeld	Tilley	Villa	Vogt	Wagner
Wallace	Walsh	Walton	Weter	Whorton
Wildberger	Witte	Wright 159	Wright-Jones	Yaeger
Yates	Young	Zweifel	Mr Speaker

NOES: 029

Behnen	Chinn	Davis	Day	Denison
Dethrow	Dixon	Ervin	Fisher	Franz
Hobbs	Hunter	Jackson	Kelly	Kingery
May	Moore	Munzlinger	Myers	Pollock
Roark	Ruestman	Stevenson	Viebrock	Wells
Wilson 119	Wilson 130	Wood	Wright 137

PRESENT: 000

ABSENT WITH LEAVE: 009

Bean	Byrd	El-Amin	Hubbard	Marsh
Parker	Parson	Schad	Wasson

VACANCIES: 001

AMEND House Committee Substitute for Senate Bill No. 21, Page 1, Section A, Line 2, by inserting after all of said line the following:

"191.975. 1. This section shall be known and may be cited as the "Adoption Awareness Law".

2. To raise public awareness and to educate the public, the department of social services, with the assistance of the department of health and senior services, shall be responsible for:

(1) Collecting and distributing resource materials to educate the public about foster care and adoption;

(2) Developing and distributing educational materials, including but not limited to videos, brochures and other media as part of a comprehensive public relations campaign about the positive option of adoption and foster care. The materials shall include, but not be limited to, information about:

(c) Means of financing the cost of adoption and foster care, including but not limited to adoption subsidies, foster care payments and special needs adoption tax credits;

(e) Protection for and rights of birth parents and adoptive parents prior to and following the adoption;

(g) Information regarding various state health and social service programs for pregnant women and children, including but not limited to medical assistance programs and temporary assistance for needy families (TANF); and

(h) Referrals to appropriate counseling services, including but not be limited to counseling services for parents who are considering retaining custody of their children, placing their children for adoption, or becoming foster or adoptive parents; but excluding any referrals for abortion or to abortion facilities;

(3) Making such educational materials available through state and local public health clinics, public hospitals, family planning clinics, abortion facilities as defined in section 188.015, RSMo, maternity homes as defined in section 135.600, RSMo, child-placing agencies licensed pursuant to sections 210.481 to 210.536, RSMo, attorneys whose practice involves private adoptions, in vitro fertilization clinics and private physicians for distribution to their patients who request such educational materials. Such materials shall also be available to the public through the department of social services' Internet web site; [and]

(4) Establishing a toll-free telephone number for information on adoption and foster care, and to answer questions and assist persons inquiring about becoming adoptive or foster parents.

3. In addition, the department may establish and implement an ongoing advertising campaign for the recruitment of adoptive and foster care families, with a special emphasis on the recruitment of qualified adoptive and foster care families for special needs children. Such advertising campaign may utilize, but shall not be limited to, the following media: television, radio, outdoor advertising, newspaper, magazines and other print media, web sites, and the Internet. The department may contract with professional advertising agencies or other professional entities to conduct such advertising campaign on behalf of the department.

[4.] 5. The department of social services shall promulgate rules for the implementation of this section in accordance with chapter 536, RSMo."; and

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

On motion of Representative Jolly, House Amendment No. 2 was adopted by the following vote:

AYES: 144

Aull	Avery	Baker 25	Baker 123	Bearden
Behnen	Bivins	Black	Bland	Bringer
Brown 30	Brown 50	Bruns	Burnett	Byrd
Casey	Chinn	Cooper 120	Cooper 155	Cooper 158
Corcoran	Cunningham 145	Cunningham 86	Curls	Darrough
Daus	Davis	Day	Deeken	Dempsey
Denison	Dethrow	Dixon	Donnelly	Dusenberg
Emery	Ervin	Faith	Fares	Fisher
Flook	Franz	Fraser	George	Goodman
Guest	Harris 23	Harris 110	Henke	Hobbs
Hunter	Icet	Jackson	Johnson 47	Johnson 90
Jolly	Jones	Kelly	Kingery	Kratky
Kraus	Kuessner	Lager	Lampe	Lembke
LeVota	Liese	Lipke	Loehner	Low 39
Lowe 44	McGhee	Meadows	Meiners	Moore
Munzlinger	Muschany	Nance	Nieves	Nolte
Oxford	Page	Parker	Pearce	Phillips
Pollock	Portwood	Pratt	Quinn	Rector
Richard	Roark	Robb	Robinson	Roorda
Ruestman	Rupp	Salva	Sander	Sater
Schaaf	Schad	Schlottach	Schneider	Schoemehl
Selby	Self	Shoemyer	Silvey	Skaggs
Smith 14	Smith 118	Spreng	Stefanick	Stevenson
St. Onge	Storch	Sutherland	Swinger	Threlkeld
Tilley	Viebrock	Villa	Vogt	Wagner
Wallace	Walsh	Walton	Wasson	Wells
Weter	Whorton	Wildberger	Wilson 119	Wilson 130
Witte	Wood	Wright 137	Wright 159	Yaeger
Yates	Young	Zweifel	Mr Speaker

NOES: 013

Bowman	Boykins	Chappelle-Nadal	Dougherty	El-Amin
Haywood	Hoskins	Hughes	Johnson 61	May
Myers	Rucker	Wright-Jones

PRESENT: 001

Brooks

ABSENT WITH LEAVE: 004

Bean	Hubbard	Marsh	Parson

VACANCIES: 001

On motion of Representative Stevenson, HCS SB 21, as amended, was read the third time and passed by the following vote:

AYES: 157

Aull	Avery	Baker 25	Baker 123	Bearden
Behnen	Bivins	Black	Bland	Bowman
Boykins	Bringer	Brooks	Brown 30	Brown 50
Bruns	Burnett	Byrd	Casey	Chinn
Chappelle-Nadal	Cooper 120	Cooper 155	Cooper 158	Corcoran
Cunningham 145	Cunningham 86	Curls	Darrough	Daus
Davis	Day	Dempsey	Denison	Dethrow
Dixon	Donnelly	Dougherty	Dusenberg	El-Amin
Emery	Ervin	Faith	Fares	Fisher
Flook	Franz	Fraser	George	Goodman
Guest	Harris 23	Harris 110	Haywood	Henke
Hobbs	Hoskins	Hubbard	Hughes	Hunter
Icet	Jackson	Johnson 47	Johnson 61	Johnson 90
Jolly	Jones	Kelly	Kingery	Kratky
Kraus	Kuessner	Lager	Lampe	Lembke
LeVota	Liese	Lipke	Loehner	Low 39
Lowe 44	May	McGhee	Meadows	Meiners
Moore	Munzlinger	Muschany	Myers	Nance
Nieves	Nolte	Oxford	Page	Parker
Pearce	Phillips	Pollock	Portwood	Pratt
Quinn	Rector	Richard	Roark	Robb
Robinson	Roorda	Rucker	Ruestman	Salva
Sander	Sater	Schaaf	Schad	Schlottach
Schneider	Schoemehl	Selby	Self	Shoemyer
Silvey	Skaggs	Smith 14	Smith 118	Spreng
Stefanick	Stevenson	St. Onge	Storch	Sutherland
Swinger	Threlkeld	Tilley	Viebrock	Villa
Vogt	Wagner	Wallace	Walsh	Walton
Wasson	Wells	Weter	Whorton	Wildberger
Wilson 119	Wilson 130	Witte	Wood	Wright 137
Wright 159	Wright-Jones	Yaeger	Yates	Young
Zweifel	Mr Speaker

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 005

Bean	Deeken	Marsh	Parson	Rupp

VACANCIES: 001

HCS SCS#2 SB 155, relating to child abuse and neglect reports, was taken up by Representative Kingery.

AMEND House Committee Substitute for Senate Committee Substitute No. 2 for Senate Bill No. 155, Page 1, Section A, Line 2, by inserting after said language the following:

“210.117. 1. No child taken into the custody of the state shall be reunited with a parent or placed in a home in which the parent or any person residing in the home has been found guilty of, or pled guilty to, a felony violation of chapter 566, RSMo, except for section 566.034, RSMo, when a child was the victim, or a violation of section 568.020, 568.045, 568.060, 568.065, 568.070, 568.080, 568.090, or 568.175, RSMo, except for subdivision (1) of subsection 1 of section 568.060, RSMo, when a child was the victim, or an offense committed in another state when a child is the victim, that would be a felony violation of chapter 566, RSMo, except for section 566.034, RSMo, or a violation of section 568.020, 568.045, 568.060, 568.065, 568.070, 568.080, 568.090, or 568.175, RSMo, except for subdivision (1) of subsection 1 of section 568.060, RSMo, if committed in Missouri; provided however, nothing in this section shall preclude the division from exercising its discretion regarding the placement of a child in a home in which the parent or any person residing in the home has been found guilty of or pled guilty or nolo contendere to any offense excepted or excluded in this section.

2. If a court of competent jurisdiction determines or the division determines, based on a substantiated report of child abuse that is upheld by the child abuse and neglect review board that a minor has abused another child, such minor shall be prohibited from returning to or residing in any residence located within one thousand feet of the residence of the abused child, or any child care facility or school that the abused child attends until the abused child reaches eighteen years of age. The prohibitions of this subsection shall not apply where the alleged abuse occurred between siblings.”; and

Further amend House Committee Substitute for Senate Committee Substitute No. 2 for Senate Bill No. 155, Page 3, Section 210.152, Line 63, by inserting after said language the following:

“210.710. 1. In the case of a child who has been committed to the care of an authorized agency by a parent, guardian or relative and where such child has remained in the care of one or more authorized agencies for a continuous period of six months, the agency shall petition the juvenile court in the county where the child is present to review the status of the child. A written report on the status of the child shall be presented to the court. The court shall then review the status of the child and may hold a dispositional hearing thereon. The purpose of the dispositional hearing shall be to determine whether or not the child should be continued in foster care or whether the child should be returned to a parent, guardian or relative, or whether or not proceedings should be instituted to terminate parental right and legally free such child for adoption.

2. If the child is in the care of an authorized agency based on an allegation that the child has abused another child and the court determines that such abuse occurred, the court shall not return the child to or permit the child to reside in any residence located within one thousand feet of the residence of the abused child, or any child care facility or school that the abused child attends until the abused child reaches eighteen years of age. The prohibitions of this subsection shall not apply where the alleged abuse occurred between siblings.

210.720. 1. In the case of a child who has been placed in the custody of the division of family services in accordance with subdivision (17) of subsection 1 of section 207.020, RSMo, or another authorized agency by a court or who has been placed in foster care by a court, every six months after the placement, the foster family, group home, agency, or child care institution with which the child is placed shall file with the court a written report on the status of the child. The court shall review the report and shall hold a permanency hearing within twelve months of initial placement and at least annually thereafter. The permanency hearing shall be for the purpose of determining in accordance with the best interests of the child a permanent plan for the placement of the child, including whether or not the child should be continued in foster care or whether the child should be returned to a parent, guardian or relative, or whether or not proceedings should be instituted by either the juvenile officer or the division to terminate parental rights and legally free such child for adoption.

2. In such permanency hearings the court shall consider all relevant factors including:

(1) The interaction and interrelationship of the child with the child's foster parents, parents, siblings, and any other person who may significantly affect the child's best interests;

(3) The mental and physical health of all individuals involved, including any history of abuse of any individuals involved. If the child is in the care of an authorized agency based on an allegation that the child has abused another child and the court determines that such abuse occurred, the court shall not return the child to or permit the child to reside in any residence located within one thousand feet of the residence of the abused child, or any child care facility or school that the abused child attends until the abused child reaches eighteen years of age. The prohibitions of this subsection shall not apply where the alleged abuse occurred between siblings; and

(4) The needs of the child for a continuing relationship with the child's parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child.

3. The judge shall make written findings of fact and conclusions of law in any order pertaining to the placement of the child.

211.038. 1. No child under the jurisdiction of the juvenile court shall be reunited with a parent or placed in a home in which the parent or any person residing in the home has been found guilty of, or pled guilty to, a felony violation of chapter 566, RSMo, except for section 566.034, RSMo, when a child was the victim, or a violation of sections 568.020, 568.045, 568.060, 568.065, 568.070, 568.080, 568.090, and 568.175, RSMo, except for subdivision (1) of subsection 1 of section 568.060, RSMo, when a child was the victim, or an offense committed in another state when a child is the victim, that would be a felony violation of chapter 566, RSMo, except for section 566.034, RSMo, or a violation of sections 568.020, 568.045, 568.060, 568.065, 568.070, 568.080, 568.090, and 568.175, RSMo, except for subdivision (1) of subsection 1 of section 568.060, RSMo, if committed in Missouri; provided however, nothing in this section shall preclude the juvenile court from exercising its discretion regarding the placement of a child in a home in which the parent or any person residing in the home has been found guilty of or pled guilty or nolo contendere to any offense excepted or excluded in this section.

2. If the juvenile court determines that a minor has abused another child, such minor shall be prohibited from returning to or residing in any residence located within one thousand feet of the residence of the abused child, or any child care facility or school that the abused child attends until the abused child reaches eighteen years of age. The prohibitions of this subsection shall not apply where the alleged abuse occurred between siblings.”; and

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

On motion of Representative Kingery, HCS SCS#2 SB 155, as amended, was adopted by the following vote:

AYES: 106

Aull	Avery	Baker 123	Bearden	Behnen
Bivins	Black	Brown 30	Bruns	Byrd
Chinn	Cooper 120	Cooper 155	Cooper 158	Cunningham 145
Cunningham 86	Davis	Day	Deeken	Dempsey
Denison	Dethrow	Dixon	Dougherty	Dusenberg
Emery	Ervin	Faith	Fares	Fisher
Flook	Franz	Guest	Harris 110	Henke
Hobbs	Hughes	Hunter	Icet	Jackson
Johnson 90	Jones	Kelly	Kingery	Kratky
Kraus	Kuessner	Lager	Lampe	Lembke
Loehner	May	McGhee	Meadows	Meiners
Moore	Munzlinger	Muschany	Myers	Nance
Nieves	Parker	Parson	Pearce	Phillips
Pollock	Portwood	Pratt	Quinn	Rector
Roark	Robb	Roorda	Ruestman	Rupp
Salva	Sander	Sater	Schaaf	Schad
Schlottach	Self	Silvey	Smith 14	Smith 118
Stefanick	Stevenson	St. Onge	Sutherland	Swinger
Threlkeld	Tilley	Viebrock	Wagner	Wallace
Walton	Wasson	Wells	Weter	Wilson 119
Wilson 130	Wood	Wright 137	Wright 159	Yates
Mr Speaker

NOES: 051

Baker 25	Bland	Bowman	Bringer	Brooks
Brown 50	Burnett	Casey	Chappelle-Nadal	Corcoran
Curls	Darrough	Daus	Donnelly	El-Amin
Fraser	George	Goodman	Harris 23	Haywood
Hoskins	Hubbard	Johnson 47	Johnson 61	Jolly
LeVota	Lipke	Low 39	Lowe 44	Oxford
Page	Richard	Robinson	Rucker	Schneider
Schoemehl	Selby	Shoemyer	Skaggs	Spreng
Storch	Villa	Vogt	Walsh	Whorton
Wildberger	Witte	Wright-Jones	Yaeger	Young
Zweifel

PRESENT: 001

Boykins

ABSENT WITH LEAVE: 004

Bean	Liese	Marsh	Nolte

VACANCIES: 001

On motion of Representative Kingery, HCS SCS#2 SB 155, as amended, was read the third time and passed by the following vote:

AYES: 120

Aull	Avery	Baker 123	Bearden	Behnen
Bivins	Black	Brown 30	Bruns	Byrd
Casey	Chinn	Cooper 120	Cooper 155	Cooper 158
Corcoran	Cunningham 145	Cunningham 86	Davis	Day
Deeken	Dempsey	Denison	Dethrow	Dixon
Dougherty	Dusenberg	Emery	Ervin	Faith
Fares	Fisher	Flook	Franz	Guest
Harris 23	Harris 110	Henke	Hobbs	Hughes
Hunter	Icet	Jackson	Johnson 90	Jones
Kelly	Kingery	Kratky	Kraus	Kuessner
Lager	Lampe	Lembke	LeVota	Liese
Loehner	May	McGhee	Meadows	Meiners
Moore	Munzlinger	Muschany	Myers	Nance
Nieves	Nolte	Parker	Parson	Pearce
Phillips	Pollock	Portwood	Pratt	Quinn
Rector	Richard	Roark	Robb	Robinson
Roorda	Rucker	Ruestman	Rupp	Salva
Sander	Sater	Schaaf	Schad	Schlottach
Schneider	Selby	Self	Silvey	Smith 14
Smith 118	Stefanick	Stevenson	St. Onge	Sutherland
Swinger	Threlkeld	Tilley	Viebrock	Wagner
Wallace	Walsh	Walton	Wasson	Wells
Weter	Whorton	Wildberger	Wilson 119	Wilson 130
Wood	Wright 137	Wright 159	Yates	Mr Speaker

NOES: 038

Baker 25	Bland	Bowman	Bringer	Brooks
Brown 50	Burnett	Chappelle-Nadal	Curls	Darrough
Daus	Donnelly	El-Amin	Fraser	George
Goodman	Haywood	Hoskins	Johnson 47	Johnson 61
Jolly	Lipke	Low 39	Lowe 44	Oxford
Page	Schoemehl	Shoemyer	Skaggs	Spreng
Storch	Villa	Vogt	Witte	Wright-Jones
Yaeger	Young	Zweifel

PRESENT: 001

Boykins

ABSENT WITH LEAVE: 003

Bean	Hubbard	Marsh

VACANCIES: 001

HCS SCS SB 270, relating to the Linked Deposit Program, was taken up by Representative Richard.

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 270, Section 1, Page 21, Line 32, by deleting all of said line and inserting in lieu thereof the following, “and other banking-related costs, shall not exceed fifteen basis points, or fifteen hundredths of one”; and

Further amend said section, Page 21, Line 37, by inserting after all of said line the following:

“5. The provisions of this section shall not be applicable to the state road fund created in section 226.220, RSMo, the motor fuel tax fund created in section 142.345, RSMo, the state highways and transportation department fund created in section 226.200, RSMo, the state transportation fund created in section 226.225, and the state road bond fund created pursuant to article IV, section 30(b), Constitution of Missouri.”; and

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

On motion of Representative Richard, HCS SCS SB 270, as amended, was read the third time and passed by the following vote:

AYES: 156

Aull	Avery	Baker 25	Baker 123	Bearden
Behnen	Bivins	Black	Bland	Bowman
Boykins	Bringer	Brooks	Brown 30	Brown 50
Bruns	Burnett	Byrd	Casey	Chinn
Chappelle-Nadal	Cooper 120	Cooper 155	Cooper 158	Corcoran
Cunningham 145	Cunningham 86	Curls	Darrough	Daus
Davis	Day	Deeken	Dempsey	Denison
Dethrow	Dixon	Donnelly	Dougherty	Dusenberg
El-Amin	Emery	Ervin	Faith	Fares
Fisher	Flook	Franz	Fraser	George
Goodman	Guest	Harris 23	Harris 110	Henke
Hobbs	Hoskins	Hubbard	Hughes	Hunter
Icet	Jackson	Johnson 47	Johnson 61	Jolly
Jones	Kelly	Kingery	Kratky	Kraus
Kuessner	Lager	Lampe	Lembke	LeVota
Liese	Lipke	Loehner	Low 39	May
McGhee	Meadows	Meiners	Moore	Munzlinger
Muschany	Myers	Nance	Nieves	Nolte
Oxford	Page	Parker	Parson	Pearce
Phillips	Pollock	Portwood	Pratt	Quinn
Rector	Richard	Roark	Robb	Robinson
Roorda	Rucker	Ruestman	Rupp	Salva
Sander	Sater	Schaaf	Schad	Schlottach
Schneider	Schoemehl	Selby	Self	Shoemyer
Silvey	Smith 14	Smith 118	Spreng	Stefanick
Stevenson	St. Onge	Storch	Sutherland	Swinger
Threlkeld	Tilley	Viebrock	Villa	Vogt
Wagner	Wallace	Walsh	Walton	Wasson
Wells	Weter	Whorton	Wildberger	Wilson 119
Wilson 130	Witte	Wood	Wright 137	Wright 159
Wright-Jones	Yaeger	Yates	Young	Zweifel
Mr Speaker

NOES: 003

Johnson 90	Lowe 44	Skaggs

PRESENT: 000

ABSENT WITH LEAVE: 003

Bean	Haywood	Marsh

VACANCIES: 001

AYES: 154

Aull	Avery	Baker 25	Baker 123	Bearden
Behnen	Bivins	Black	Bland	Bowman
Boykins	Bringer	Brooks	Brown 30	Brown 50
Bruns	Burnett	Byrd	Casey	Chinn
Chappelle-Nadal	Cooper 120	Cooper 155	Cooper 158	Corcoran
Cunningham 145	Cunningham 86	Curls	Darrough	Daus
Davis	Day	Deeken	Dempsey	Denison
Dethrow	Dixon	Donnelly	Dougherty	Dusenberg
El-Amin	Emery	Ervin	Faith	Fares
Fisher	Flook	Franz	Fraser	George
Goodman	Guest	Harris 23	Harris 110	Haywood
Henke	Hobbs	Hoskins	Hubbard	Hughes
Hunter	Icet	Jackson	Johnson 47	Johnson 61
Jolly	Jones	Kelly	Kingery	Kratky
Kraus	Kuessner	Lager	Lampe	Lembke
Liese	Lipke	Loehner	Low 39	May
McGhee	Meadows	Meiners	Moore	Munzlinger
Muschany	Myers	Nance	Nieves	Nolte
Oxford	Page	Parker	Parson	Pearce
Phillips	Pollock	Portwood	Pratt	Quinn
Rector	Richard	Roark	Robb	Robinson
Roorda	Rucker	Ruestman	Rupp	Salva
Sander	Sater	Schaaf	Schad	Schneider
Schoemehl	Selby	Self	Shoemyer	Silvey
Smith 14	Smith 118	Spreng	Stefanick	Stevenson
St. Onge	Storch	Sutherland	Swinger	Threlkeld
Tilley	Viebrock	Villa	Vogt	Wagner
Wallace	Walsh	Walton	Wasson	Wells
Weter	Whorton	Wildberger	Wilson 119	Wilson 130
Witte	Wood	Wright 137	Wright 159	Wright-Jones
Yaeger	Yates	Zweifel	Mr Speaker

NOES: 004

Johnson 90	LeVota	Skaggs	Young

PRESENT: 001

Lowe 44

ABSENT WITH LEAVE: 003

Bean	Marsh	Schlottach

VACANCIES: 001

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

John Corbett was introduced by Representative Storch and recognized as an Outstanding Missourian.

HCS HB 665, relating to professional registration, was taken up by Representative Behnen.

Amend House Committee Substitute for House Bill No. 665, Page 17, Section 328.010, Lines 3 through 5, by striking all of said lines; and

Further amend said substitute, Page 25, Section 329.010, Line 51, by inserting immediately after said line the following:

"(12) “Accredited school of cosmetology or school of manicuring”, an establishment operated for the purpose of teaching cosmetology as defined in this section and meeting the criteria set forth under 34 C.F.R. Part 600, sections 600.1 and 600.2."; and

Further amend said substitute, Page 25, Section 329.015, Line 15, by striking the word “four” and inserting in lieu thereof the word “three”; and

Further amend said section, Line 17, by inserting immediately after the word “owner” the following:

“as defined in section 329.010, one shall be the owner of a school licensed under subsection 1 of section 329.040"; and

Further amend said section, Page 26, Line 43, by inserting immediately after the word “members” the following:

Further amend said substitute, Page 31, Section 329.060, Line 10, by inserting a “[“ immediately after the word “license”; and

Further amend said section, Line 11, by inserting a “]” immediately after the word “applicants”; and

Further amend said substitute, Page 58, Section 337.550, Line 4, by striking the following “329.023" and inserting in lieu thereof the following “337.543"; and

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

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

AMEND House Amendment No. 1 to House Committee Substitute for House Bill No. 665, Page 1, Line 14 of the amendment, by inserting immediately after said line the following:

AMEND House Committee Substitute for House Bill 665, Page 31, Section 329.050, Line 50,

“6. Any licensed barber or cosmetologist having held an unencumbered license for at least ten years shall be eligible to sit for the Class MO - manicurist license examination.”; and

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

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

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

AMEND House Committee Substitute for House Bill No. 665, Page 34, Section 332.304, Line 4, by inserting after "chapter" the following:

"if such offsite dental office is a part of an accredited dental hygiene program through the Commission on Dental Accreditation of the American Dental Association as an extended campus facility"; and

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

AMEND House Committee Substitute for House Bill No. 665, Section 190.550, by deleting all of said section; and

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

AMEND House Committee Substitute for House Bill No. 665, Page 46, Section 334.1024, Line 69, by inserting after all of said line the following:

"335.068. 1. If the board finds merit to a complaint [by an individual incarcerated or under the care and control of the department of corrections] and takes further investigative action, no documentation may appear on file or disciplinary action may be taken in regards to the licensee's license unless the provisions of subsection 2 of section 335.066 have been violated. Any case file documentation that does not result in the board filing an action pursuant to subsection 2 of section 335.066 shall be destroyed within three months after the final case disposition by the board. No notification to any other licensing board in another state or any national registry regarding any investigative action shall be made unless the provisions of subsection 2 of section 335.066 have been violated.

2. Upon written request of the nurse subject to a complaint, prior to August 28, 1999, [by an individual incarcerated or under the care and control of the department of corrections] that did not result in the board filing an action pursuant to subsection 2 of section 335.066, the board and the division of professional registration shall in a timely fashion:

(2) Notify any other licensing board in another state or any national registry regarding the board's action if they have been previously notified of the complaint; and

(3) Send a letter to the licensee that clearly states that the board found the complaint to be unsubstantiated, that the board has taken the requested action, and notify the licensee of the provisions of subsection 3 of this section.

3. Any person who has been the subject of an unsubstantiated complaint as provided in subsection 1 or 2 of this section shall not be required to disclose the existence of such complaint in subsequent applications or representations relating to their nursing professions."; and

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

AMEND House Committee Substitute for House Bill No. 665, Page 2, Section A, Line 21, by inserting after all of said line the following:

(2) "License", a license, certificate, registration, or authorization issued by a licensing authority under sections 209.319 to 209.339, RSMo, sections 256.010 to 256.453, RSMo, section 375.014, RSMo, and chapters 324 to 340, RSMo, and chapters 344 to 346, RSMo, granting a natural person a right or privilege to engage in an occupation or profession that is subject to suspension, revocation, forfeiture, or termination by the licensing authority. Any new requirement to license a profession assigned to the division of professional registration after the effective date of this section shall be included in the definition of a license;

(4) "Licensing authority", any department, division, board, agency, or instrumentality of this state that issues a license under sections 209.319 to 209.339, RSMo, sections 256.010 to 256.453, RSMo, section 375.014, RSMo, and chapters 324 to 340, RSMo, and chapters 344 to 346, RSMo. Any board or commission assigned to the division of professional registration after the effective date of this section shall be included in the definition of a licensing authority;

(5) "Payment plan", a written plan signed by the taxpayer and approved by the director that incorporates an arrangement for periodic payment of state taxes owed;

(6) "Tax compliance letter", a letter issued by the director that states the taxpayer is in compliance for all of the tax years in which the taxpayer was determined to be delinquent in payment of state taxes or the filing of tax returns.

143.777. 1. The director shall send, via first class mail, a notice to any taxpayer who is the subject of the transmission of data from the licensing authority to the director under section 143.779 and who is delinquent on any state taxes or has failed to file state income tax returns for any of the three years immediately preceding the license renewal. The notice shall state that the taxpayer's license shall be suspended one hundred twenty days from the date of the notice unless, within such time, the taxpayer presents to the appropriate licensing authority a tax compliance letter.

(1) A statement that the taxpayer is delinquent in payment of state taxes owed or has failed to file state income tax returns;

(2) The date that the suspension shall go into effect, which shall be one hundred twenty days from the date the notice was issued;

(3) A conspicuous statement as follows: "NOTICE TO TAXPAYER: IN ORDER TO PREVENT YOUR LICENSE SUSPENSION FROM GOING INTO EFFECT, YOU ARE RESPONSIBLE FOR PRESENTING A TAX COMPLIANCE LETTER FROM THE MISSOURI DEPARTMENT OF REVENUE TO YOUR LICENSING ENTITY PRIOR TO THE DATE OF SUSPENSION CITED IN THIS NOTICE.";

(4) A conspicuous statement as follows: "NOTICE TO TAXPAYER: YOU ARE ENTITLED TO A REVIEW OF THE NOTIFICATION PROCESS WITH THE DIRECTOR OF REVENUE. ANY REQUEST FOR REVIEW MUST BE FILED IN WRITING WITHIN FIFTY (50) DAYS FROM THE DATE OF THIS NOTICE AT THE FOLLOWING ADDRESS: . . . . . . . . . (INSERT ADDRESS).";

(5) A conspicuous statement as follows: "NOTICE TO TAXPAYER: IF YOU DO NOT OBTAIN A TAX COMPLIANCE LETTER OR SEEK REVIEW UNDER SECTION 143.778, RSMo, YOUR LICENSE SHALL BE SUSPENDED BY OPERATION OF LAW EFFECTIVE THE DATE OF SUSPENSION CITED IN THIS NOTICE.".

3. A tax compliance letter shall be issued by the director to the taxpayer if the taxpayer:

(1) Files any delinquent state tax return and pays the entire amount of delinquent state taxes, interest, and additions due; or

(2) Enters into and complies with a payment plan. If the taxpayer fails to comply with the terms of a payment plan, the director may issue a notice informing the taxpayer that the license shall be suspended by operation of law as of the date of the notice.

4. The notice required under subsection 1 of this section shall be sent to the last known address supplied to the director unless no such address has been provided, whereupon the notice shall be sent to the last known address supplied to the licensing authority.

5. The notice shall apply only to the license that is the subject of the transmission of data from the licensing authority to the director under section 143.779.

6. Within thirty days of the date of the notice required under subsection 1 of this section, the licensing authority shall send a letter to the taxpayer indicating that the license is subject to automatic suspension by operation of law as of the date provided in the notice required under subsection 1 of this section, unless the taxpayer provides the licensing authority a copy of a tax compliance letter by the date provided in the notice required under subsection 1 of this section.

143.778. 1. Within fifty days of the date of the notice, the taxpayer may file with the director at the address provided in the notice, a written request for review of the notice required under subsection 1 of section 143.777, stating the grounds upon which the taxpayer claims the notice was not proper.

2. Upon timely receipt of a request for review from a taxpayer, the director shall review the notice and mail the director’s determination to the taxpayer by certified or registered mail within thirty days of receipt of the request. Such determination shall set forth briefly the director’s findings of fact, and the basis of the decision and information regarding the taxpayer’s right to appeal.

3. The issues that may be determined in a review under this section shall be limited to:

(2) Whether the director has properly applied any credits or payments by the taxpayer; and

(3) Whether the director sent the notice to the proper address under subsection 4 of section 143.777.

4. The determination of the director, after a review under this section, shall be a final agency decision and shall be subject to appeal to the administrative hearing commission under chapter 621, RSMo.

5. A taxpayer shall appeal under chapter 621, RSMo, by filing a petition within thirty days of the date of the director’s determination.

6. Suspension of a taxpayer’s license shall be automatically stayed pending the appeal under chapter 621, RSMo.

7. A determination made by the director under this section is independent of any action imposed by the licensing authority.

143.779. 1. All state licensing authorities subject to sections 143.775 to 143.779 shall provide specified information, in a format agreed upon by the director and the licensing authorities, to the director within thirty days following the date of the receipt of an application for licensure or at least thirty days after the required renewal date of a licensee’s license. Such information shall include, but is not limited to, the following:

2. For licensees who are not residents of this state, the licensing authority shall include in the application and renewal forms a method allowing the nonresident licensee to indicate that they received no Missouri source income within the applicable three-year period. The licensing authority shall transmit this information to the director in a mutually agreed upon manner.

3. The director shall promulgate rules necessary for the administration of sections 143.775 to 143.779. 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, 2005, shall be invalid and void."; and

Further amend said bill, Page 80, Section 571.030, Line 101, by inserting after all of said line the following:

"620.1900. 1. As used in this section the term "licensing authority" shall mean any department, division, board, agency, or instrumentality of this state that issues a license under sections 209.319 to 209.339, RSMo, sections 256.010 to 256.453, RSMo, section 375.014, RSMo, and chapters 324 to 340, RSMo, and chapters 344 to 346, RSMo. Any board or commission assigned to the division of professional registration after the effective date of this section shall be included in the definition of a licensing authority.

2. With regard to any licensee who has been issued a notice under section 143.777, RSMo, the licensing authority shall enter a suspension of the applicable license on the effective date set out in the notice, unless the licensee has presented a tax compliance letter, or has timely filed for review in the administrative hearing commission as provided under section 143.778, RSMo.

3. The suspension shall be processed by the licensing authority without any additional review or hearing by such licensing authority.

4. The suspension shall continue until a tax compliance letter is issued by the director of the department of revenue.

5. If a license is suspended under sections 143.775 to 143.779, RSMo, any funds paid by the licensee to the licensing authority for costs related to issuance, renewal or maintenance of a license shall not be refunded to the licensee.

6. During any period of suspension imposed under sections 143.775 to 143.779, RSMo, the licensee shall continue to pay all license or license renewal fees and obtain all continuing education hours as required by the licensing authority’s statutes and regulations.

7. A licensee who continues to engage in the business, occupation, profession or other licensed activity while the license is suspended under sections 143.775 to 143.779, RSMo, is guilty of a class A misdemeanor. The licensing authority may refer the licensee to the appropriate prosecuting or circuit attorney or the attorney general for prosecution under this section, in addition to any other remedy provided by law for engaging in a licensed activity without a license or while a license is suspended.

8. The licensing authority shall be exempt from liability to the licensee for activities conducted under sections 143.775 to 143.779, RSMo, or this section.

9. The licensing authority shall not modify, remand, reverse, vacate or stay a suspension; except that, if the director of revenue certifies that an error has been made by the department or if an error is made by the licensing authority, the licensing authority may expunge the suspension from the licensee’s permanent record."; and

Further amend said bill, Page 82, Section 1, Line 21, by inserting after all of said line the following:

"[324.010. All governmental entities issuing professional licenses, certificates, registrations, or permits pursuant to sections 209.319 to 209.339, RSMo, sections 214.270 to 214.516, RSMo, sections 256.010 to 256.453, RSMo, section 375.014, RSMo, sections 436.005 to 436.071, RSMo, and chapter 317, RSMo, and chapters 324 to 346, RSMo, shall provide the director of revenue with the name and Social Security number of each applicant for licensure with or licensee of such entities within one month of the date the application is filed or at least one month prior to the anticipated renewal of a licensee's license. If such licensee is delinquent on any state taxes or has failed to file state income tax returns in the last three years, the director shall then send notice to each such entity and licensee. In the case of such delinquency or failure to file, the licensee's license shall be suspended within ninety days after notice of such delinquency or failure to file, unless the director of revenue verifies that such delinquency or failure has been remedied or arrangements have been made to achieve such remedy. The director of revenue shall, within ten business days of notification to the governmental entity issuing the professional license that the delinquency has been remedied or arrangements have been made to remedy such delinquency, send written notification to the licensee that the delinquency has been remedied. Tax liability paid in protest or reasonably founded disputes with such liability shall be considered paid for the purposes of this section.]"; and

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

AMEND House Committee Substitute for House Bill No. 665, Page 72, Section 337.736, Line 16 of said section, by inserting after said line the following:

“338.380. 1. As used in this section the term "committee" means the well-being committee established under subsection 2 of this section.

2. The board may establish an impaired licensee committee, to be designated as the "Well-being Committee", to promote the early identification, intervention, treatment and rehabilitation of licensees identified within this chapter, who may be impaired by reasons of illness, substance abuse, or as a result of any physical or mental condition. The board may enter into a contractual agreement with a nonprofit corporation or an association for the purpose of creating, supporting and maintaining such a committee. The board may promulgate rules subject to the provisions of this section to effectuate and implement any committee formed under this section. The board may expend appropriated funds necessary to provide for operational expenses of the committee formed under this section. Any member of the committee, as well as any administrator, staff member, consultant, agent or employee of the committee, acting within the scope of his or her duties and without actual malice and, all other persons who furnish information to the committee in good faith and without actual malice, shall not be liable for any claim of damages as a result of any statement, decision, opinion, investigation or action taken by the committee or by any individual member of the committee.

3. All information, interviews, reports, statements, memoranda or other documents furnished to or produced by the committee, as well as communications to or from the committee, any findings, conclusions, interventions, treatment, rehabilitation, or other proceedings of the committee which in any way pertain to a licensee who may be, or who actually is, impaired shall be absolutely privileged and confidential.

4. All records and proceedings of the committee which pertain or refer to a licensee who may be, or who actually is, impaired shall be privileged and confidential and shall be used by the committee and its members only in the exercise of the proper function of the committee and shall not be considered public records under chapter 610, RSMo, and shall not be subject to court subpoena or subject to discovery or introduction as evidence in any civil, criminal, or administrative proceedings except as provided in subsection 5 of this section.

5. The committee may disclose information relative to an impaired licensee only when:

(1) It is essential to disclose the information to further the intervention, treatment, or rehabilitation needs of the impaired licensee and only to those persons or organization with a need to know;

6. In lieu of the pursuing discipline against a licensee for violating one or more causes stated in subsection 2 of section 338.055, the board may enter into a diversion agreement with a licensee to refer the licensee to the committee under such terms and conditions as are agreed to by the board and licensee. The board shall enter into no more than two diversion agreements with any individual licensee. If the licensee violates a term or condition of a diversion agreement entered into under this section, the board may elect to pursue discipline against the licensee under chapter 621, RSMo, for the original conduct that resulted in the diversion agreement, or for any subsequent violation of subsection 2 of section 338.055. While the licensee participates in the committee, the time limitations of section 620.154, RSMo, shall toll under subsection 7 of section 620.154, RSMo. All records pertaining to diversion agreements are confidential and may only be released under subdivision (7) of subsection 14 of section 620.010, RSMo.

7. The committee shall report to the board the name of any licensee who fails to enter treatment within forty-eight hours following the provider's determination that the pharmacist needs treatment or any failure by a licensee to comply with the terms of a treatment contract during inpatient or outpatient treatment or aftercare or report a licensee who resumes the practice of pharmacy before the treatment provider has made a clear determination that the pharmacist is capable of practicing according to acceptable and prevailing standards.

8. The board may disclose information and records to the committee to assist the committee in the identification, intervention, treatment, and rehabilitation of any licensee who may be impaired by reason of illness, substance abuse, or as the result of any physical or mental condition. The committee shall keep all information and records provided by the board confidential to the extent the board is required to treat the information and records as closed to the public under chapter 620, RSMo.

9. 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, 2005, shall be invalid and void.”; and

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

AMEND House Committee Substitute for House Bill No. 665, Page 72, Line 16, by inserting immediately after said line the following:

“338.095. 1. The terms "prescription" and "prescription drug order" are hereby defined as a lawful order for medications or devices issued and signed by an authorized prescriber within the scope of his professional practice which is to be dispensed or administered by a pharmacist or dispensed or administered pursuant to section 334.104, RSMo, to and for the ultimate user. The terms "prescription" and "drug order" do not include an order for medication which is provided for the immediate administration to the ultimate user or recipient.

2. The term "telephone prescription" is defined as an order for medications or devices transmitted to a pharmacist by telephone or similar electronic medium by an authorized prescriber or his authorized agent acting in the course of his professional practice which is to be dispensed or administered by a pharmacist or dispensed or administered pursuant to section 334.104, RSMo, to and for the ultimate user. A telephone prescription shall be promptly reduced to written or electronic medium by the pharmacist and shall comply with all laws governing prescriptions and record keeping.

3. A licensed pharmacist may lawfully provide prescription or medical information to a licensed health care provider or his agent who is legally qualified to administer medications and treatments and who is involved in the treatment of the patient. The information may be derived by direct contact with the prescriber or through a written protocol approved by the prescriber. Such information shall authorize the provider to administer appropriate medications and treatments.

4. Nothing in this section shall be construed to limit the authority of other licensed health care providers to prescribe, administer, or dispense medications and treatments within the scope of their professional practice.

5. It is unlawful for any person other than the patient or the patient’s authorized representative to accept a prescription presented to be dispensed unless that person is located on a premises licensed by the board as a pharmacy. A violation of this subsection shall be a class A misdemeanor.”; and

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

AMEND House Amendment No. 7 to House Committee Substitute for House Bill No. 665, Page 2, Line 8, by inserting at the end of said line the following:

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

On motion of Representative Schaaf, House Amendment No. 1 to House Amendment No. 7 was adopted.

On motion of Representative Sater, House Amendment No. 7, as amended, was adopted.

AMEND House Committee Substitute for House Bill No. 665, Page 2, Section A, Line 21, by inserting immediately after said line the following:

“71.620. 1. Hereafter no person following for a livelihood the profession or calling of minister of the gospel, duly accredited Christian Science practitioner, teacher, professor in a college, priest, lawyer, certified public accountant, veterinarian, dentist, chiropractor, optometrist, chiropodist, physician or surgeon in this state shall be taxed or made liable to pay any municipal or other corporation tax or license fee of any description whatever for the privilege of following or carrying on such profession or calling, and, after December 31, 2003, no investment funds service corporation, as defined in section 143.451, RSMo, may be required to pay, or shall be taxed or made liable to pay any municipal or other corporation tax or license fee of any description whatever for the privilege of following or carrying on its business or occupation, in excess of or in an aggregate amount exceeding twenty-five thousand dollars annually, any law, ordinance or charter to the contrary notwithstanding.

2. No person following for a livelihood the profession of insurance agent or broker, veterinarian, architect, professional engineer, land surveyor, auctioneer, or real estate broker or salesman in this state shall be taxed or made liable to pay any municipal or other corporation tax or license fee for the privilege of following or carrying on his or her profession by a municipality unless that person maintains a business office within that municipality.

3. Notwithstanding any other provision of law to the contrary, after September 1, 2004, no village with less than one thousand three hundred inhabitants shall impose a business license tax in excess of fifteen thousand dollars per license.”; and

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

AMEND House Committee Substitute for House Bill No. 665, Page 39, Section 334.1009, Line 2, by deleting the word "eleven" and inserting in lieu thereof the word "twelve"; and

Further amend said bill, Page 39, Section 334.1009, Line 4, by deleting the word "eleven" and inserting in lieu thereof the word "twelve"; and

Further amend said bill, Page 39, Section 334.1009, Line 5, by deleting the word "two" and inserting in lieu thereof the word "three"; and

Further amend said bill, Page 39, Section 334.1009, Line 5, by inserting after the word "radiologists," the phrase "one of which shall be a chiropractic radiologist,"; and

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

AYES: 053

Aull	Avery	Bivins	Bruns	Byrd
Cooper 155	Cooper 158	Cunningham 86	Darrough	Davis
Faith	Flook	Franz	Guest	Henke
Hobbs	Jackson	Johnson 61	Jolly	Jones
Kingery	Kraus	Lembke	LeVota	Lipke
Muschany	Nance	Nolte	Parson	Pollock
Portwood	Pratt	Rupp	Salva	Schaaf
Schad	Silvey	Skaggs	Smith 14	Smith 118
Stefanick	St. Onge	Threlkeld	Tilley	Viebrock
Wallace	Walsh	Whorton	Wildberger	Wilson 130
Wright 137	Yates	Zweifel

NOES: 096

Baker 25	Bearden	Behnen	Black	Bland
Bowman	Bringer	Brown 30	Burnett	Casey
Chinn	Chappelle-Nadal	Cooper 120	Corcoran	Cunningham 145
Curls	Daus	Day	Dempsey	Denison
Dethrow	Dixon	Donnelly	Dougherty	Dusenberg
El-Amin	Emery	Ervin	Fares	Fisher
Fraser	George	Goodman	Harris 23	Harris 110
Haywood	Hoskins	Hubbard	Hughes	Hunter
Icet	Johnson 90	Kratky	Kuessner	Lager
Lampe	Liese	Loehner	Low 39	Lowe 44
May	Meadows	Meiners	Moore	Munzlinger
Myers	Nieves	Oxford	Page	Parker
Pearce	Phillips	Quinn	Rector	Richard
Roark	Robb	Robinson	Rucker	Ruestman
Sander	Sater	Schlottach	Schoemehl	Selby
Self	Shoemyer	Spreng	Stevenson	Storch
Sutherland	Villa	Vogt	Wagner	Walton
Wasson	Wells	Weter	Wilson 119	Witte
Wood	Wright 159	Wright-Jones	Yaeger	Young
Mr Speaker

PRESENT: 001

Brooks

ABSENT WITH LEAVE: 012

Baker 123	Bean	Boykins	Brown 50	Deeken
Johnson 47	Kelly	Marsh	McGhee	Roorda
Schneider	Swinger

VACANCIES: 001

On motion of Representative Behnen, HCS HB 665, as amended, was ordered perfected and printed.

HCS HB 697, with House Amendment No. 2, pending, relating to motor vehicle emissions, was taken up by Representative Lembke.

AMEND House Committee Substitute for House Bill No. 697, Page 4, Section 307.366, Line 99, by inserting prior to the word “mechanic” the word “Certified”; and

Further amend said bill, Page 9, Line 28, Section 643.335, by inserting prior to the word “mechanic” the word “Certified”.

On motion of Representative Lembke, HCS HB 697, as amended, was ordered perfected and printed.

HCS HB 474, relating to insurer intervention in civil actions, was taken up by Representative Yates.

AMEND House Committee Substitute for House Bill No. 474, Page 1, Section 506.400, Line 3, by deleting the words “intervene in such action and request the court” and inserting in lieu thereof the words “file an action for a declaratory judgement”; and

Further amend said page and section, Lines 5 through 8, by deleting all of said lines; and

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

AYES: 066

Aull	Baker 25	Bland	Bowman	Bringer
Brooks	Brown 50	Burnett	Casey	Chappelle-Nadal
Cooper 158	Corcoran	Curls	Darrough	Daus
Donnelly	Dougherty	El-Amin	Flook	Fraser
George	Goodman	Harris 110	Haywood	Henke
Hoskins	Hubbard	Hughes	Johnson 61	Johnson 90
Jolly	Kratky	Kuessner	Lampe	LeVota
Liese	Lipke	Low 39	Lowe 44	Meadows
Meiners	Oxford	Page	Robinson	Rucker
Salva	Sander	Schaaf	Schoemehl	Selby
Shoemyer	Skaggs	Spreng	Storch	Swinger
Villa	Vogt	Wagner	Walsh	Walton
Whorton	Wildberger	Witte	Wright-Jones	Yaeger
Zweifel

NOES: 087

Avery	Baker 123	Bearden	Behnen	Bivins
Black	Brown 30	Bruns	Byrd	Chinn
Cooper 120	Cooper 155	Cunningham 145	Cunningham 86	Davis
Day	Deeken	Dempsey	Denison	Dethrow
Dixon	Dusenberg	Emery	Ervin	Faith
Fares	Fisher	Franz	Guest	Hobbs
Hunter	Icet	Jackson	Johnson 47	Jones
Kelly	Kingery	Kraus	Lager	Lembke
Loehner	May	Moore	Munzlinger	Muschany
Nance	Nieves	Nolte	Parson	Pearce
Phillips	Pollock	Portwood	Pratt	Quinn
Rector	Richard	Roark	Robb	Ruestman
Rupp	Sater	Schad	Schlottach	Schneider
Self	Silvey	Smith 14	Smith 118	Stefanick
Stevenson	St. Onge	Sutherland	Threlkeld	Tilley
Viebrock	Wallace	Wasson	Wells	Weter
Wilson 119	Wilson 130	Wood	Wright 137	Wright 159
Yates	Mr Speaker

PRESENT: 000

ABSENT WITH LEAVE: 009

Bean	Boykins	Harris 23	Marsh	McGhee
Myers	Parker	Roorda	Young

VACANCIES: 001

On motion of Representative Yates, HCS HB 474 was ordered perfected and printed.

HCS HBs 500 & 533, relating to the transfer of employer accounts, was taken up by Representative Faith.

AMEND House Committee Substitute for House Bill Nos. 500 & 533, Page 3, Section 288.110, Line 87, by inserting after all of said line the following:

"Section B. Section A of this act shall become effective on January 1, 2006."; and

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

On motion of Representative Faith, HCS HBs 500 & 533, as amended, was ordered perfected and printed.

HCS SB 189, relating to a health care provider tax, was taken up by Representative Icet.

On motion of Representative Icet, Part I of HCS SB 189 was adopted by the following vote:

AYES: 146

Aull	Avery	Baker 25	Baker 123	Bearden
Behnen	Bivins	Black	Bland	Boykins
Bringer	Bruns	Byrd	Chinn	Chappelle-Nadal
Cooper 120	Cooper 155	Cooper 158	Cunningham 145	Cunningham 86
Curls	Darrough	Daus	Davis	Day
Deeken	Dempsey	Denison	Dethrow	Dixon
Donnelly	Dougherty	Dusenberg	El-Amin	Emery
Ervin	Faith	Fares	Fisher	Flook
Franz	Fraser	George	Goodman	Guest
Harris 23	Harris 110	Haywood	Henke	Hobbs
Hoskins	Hubbard	Hunter	Icet	Jackson
Johnson 47	Johnson 61	Johnson 90	Jolly	Jones
Kelly	Kingery	Kratky	Kraus	Kuessner
Lager	Lampe	Lembke	LeVota	Liese
Lipke	Loehner	Low 39	Lowe 44	May
McGhee	Meadows	Meiners	Moore	Munzlinger
Muschany	Myers	Nance	Nieves	Nolte
Oxford	Page	Parker	Parson	Pearce
Phillips	Pollock	Portwood	Pratt	Quinn
Rector	Richard	Roark	Robb	Robinson
Ruestman	Rupp	Salva	Sander	Sater
Schaaf	Schad	Schlottach	Schneider	Schoemehl
Selby	Self	Shoemyer	Silvey	Smith 14
Smith 118	Spreng	Stefanick	Stevenson	St. Onge
Storch	Sutherland	Swinger	Threlkeld	Tilley
Viebrock	Villa	Vogt	Wallace	Walsh
Walton	Wasson	Wells	Weter	Whorton
Wilson 119	Wilson 130	Witte	Wood	Wright 137
Wright 159	Wright-Jones	Yaeger	Young	Zweifel
Mr Speaker

NOES: 003

Brown 50	Rucker	Wildberger

PRESENT: 008

Brooks	Brown 30	Burnett	Casey	Hughes
Roorda	Skaggs	Yates

ABSENT WITH LEAVE: 005

Bean	Bowman	Corcoran	Marsh	Wagner

VACANCIES: 001

On motion of Representative Icet, Part II of HCS SB 189 was adopted by the following vote:

AYES: 133

Aull	Avery	Baker 25	Baker 123	Bearden
Behnen	Bivins	Black	Bland	Bowman
Boykins	Bruns	Byrd	Chinn	Chappelle-Nadal
Cooper 120	Cooper 155	Cooper 158	Corcoran	Cunningham 145
Cunningham 86	Curls	Daus	Day	Deeken
Dempsey	Denison	Dethrow	Dixon	Donnelly
Dougherty	Dusenberg	El-Amin	Emery	Ervin
Faith	Fares	Fisher	Flook	Franz
Fraser	George	Goodman	Guest	Harris 110
Hobbs	Hubbard	Hughes	Hunter	Icet
Jackson	Johnson 47	Johnson 61	Jolly	Jones
Kelly	Kingery	Kratky	Kraus	Kuessner
Lager	Lampe	Lembke	Lipke	Loehner
Low 39	Lowe 44	May	McGhee	Meiners
Moore	Munzlinger	Muschany	Myers	Nance
Nieves	Nolte	Oxford	Page	Parker
Parson	Pearce	Phillips	Pollock	Portwood
Pratt	Quinn	Rector	Richard	Roark
Robb	Robinson	Rucker	Ruestman	Rupp
Salva	Sander	Sater	Schaaf	Schad
Schlottach	Schneider	Schoemehl	Selby	Self
Shoemyer	Silvey	Smith 14	Smith 118	Stefanick
Stevenson	St. Onge	Storch	Sutherland	Swinger
Threlkeld	Tilley	Viebrock	Villa	Wallace
Walsh	Walton	Wasson	Wells	Weter
Whorton	Wilson 119	Wilson 130	Wood	Wright 137
Wright 159	Yaeger	Mr Speaker

NOES: 009

Bringer	Brown 50	Darrough	LeVota	Liese
Skaggs	Wagner	Wildberger	Witte

PRESENT: 014

Brooks	Brown 30	Burnett	Casey	Davis
Harris 23	Haywood	Henke	Johnson 90	Meadows
Roorda	Spreng	Yates	Zweifel

ABSENT WITH LEAVE: 006

Bean	Hoskins	Marsh	Vogt	Wright-Jones
Young

VACANCIES: 001

On motion of Representative Icet, Part III of HCS SB 189 was adopted by the following vote:

AYES: 155

Aull	Avery	Baker 25	Baker 123	Bearden
Behnen	Bivins	Black	Bland	Bowman
Boykins	Bringer	Brown 50	Bruns	Burnett
Byrd	Casey	Chinn	Chappelle-Nadal	Cooper 120
Cooper 155	Cooper 158	Corcoran	Cunningham 145	Cunningham 86
Curls	Darrough	Daus	Day	Deeken
Dempsey	Denison	Dethrow	Dixon	Donnelly
Dougherty	Dusenberg	El-Amin	Emery	Ervin
Faith	Fares	Fisher	Flook	Franz
George	Goodman	Guest	Harris 23	Harris 110
Henke	Hobbs	Hoskins	Hubbard	Hughes
Hunter	Icet	Jackson	Johnson 47	Johnson 61
Johnson 90	Jolly	Jones	Kelly	Kingery
Kratky	Kraus	Kuessner	Lager	Lampe
Lembke	LeVota	Liese	Lipke	Loehner
Low 39	Lowe 44	May	McGhee	Meadows
Meiners	Moore	Munzlinger	Muschany	Myers
Nance	Nieves	Nolte	Oxford	Page
Parker	Parson	Pearce	Phillips	Pollock
Portwood	Pratt	Quinn	Rector	Richard
Roark	Robb	Robinson	Roorda	Rucker
Ruestman	Rupp	Salva	Sander	Sater
Schaaf	Schad	Schlottach	Schneider	Schoemehl
Selby	Self	Shoemyer	Silvey	Skaggs
Smith 14	Smith 118	Spreng	Stefanick	Stevenson
St. Onge	Storch	Sutherland	Swinger	Threlkeld
Tilley	Viebrock	Villa	Vogt	Wagner
Wallace	Walsh	Walton	Wasson	Wells
Weter	Whorton	Wildberger	Wilson 119	Wilson 130
Witte	Wood	Wright 137	Wright 159	Wright-Jones
Yaeger	Yates	Young	Zweifel	Mr Speaker

NOES: 000

PRESENT: 005

Brooks	Brown 30	Davis	Fraser	Haywood

ABSENT WITH LEAVE: 002

Bean	Marsh

VACANCIES: 001

On motion of Representative Icet, HCS SB 189 was read the third time and passed by the following vote:

AYES: 143

Aull	Avery	Baker 25	Baker 123	Bearden
Behnen	Bivins	Black	Bland	Bowman
Boykins	Bruns	Burnett	Byrd	Chinn
Chappelle-Nadal	Cooper 120	Cooper 158	Corcoran	Cunningham 145
Cunningham 86	Curls	Daus	Davis	Day
Deeken	Dempsey	Denison	Dethrow	Dixon
Donnelly	Dougherty	Dusenberg	El-Amin	Emery
Ervin	Faith	Fares	Fisher	Flook
Franz	Fraser	George	Goodman	Guest
Haywood	Hobbs	Hoskins	Hubbard	Hughes
Hunter	Icet	Jackson	Johnson 47	Johnson 61
Johnson 90	Jolly	Jones	Kelly	Kingery
Kratky	Kraus	Kuessner	Lager	Lembke
Liese	Lipke	Loehner	Low 39	Lowe 44
May	McGhee	Meiners	Moore	Munzlinger
Muschany	Myers	Nance	Nieves	Nolte
Oxford	Parker	Parson	Pearce	Phillips
Pollock	Portwood	Pratt	Quinn	Rector
Richard	Roark	Robb	Robinson	Rucker
Ruestman	Rupp	Salva	Sander	Sater
Schaaf	Schad	Schlottach	Schneider	Schoemehl
Selby	Self	Shoemyer	Silvey	Skaggs
Smith 14	Smith 118	Spreng	Stefanick	Stevenson
St. Onge	Storch	Sutherland	Swinger	Threlkeld
Tilley	Viebrock	Villa	Vogt	Wallace
Walsh	Walton	Wasson	Wells	Weter
Whorton	Wilson 119	Wilson 130	Witte	Wood
Wright 137	Wright 159	Wright-Jones	Yaeger	Yates
Young	Zweifel	Mr Speaker

NOES: 010

Bringer	Brown 50	Darrough	Harris 23	Harris 110
Henke	Lampe	LeVota	Page	Wildberger

PRESENT: 005

Brooks	Brown 30	Casey	Meadows	Roorda

ABSENT WITH LEAVE: 004

Bean	Cooper 155	Marsh	Wagner

VACANCIES: 001

AYES: 141

Avery	Baker 25	Baker 123	Bearden	Behnen
Bivins	Black	Bland	Bowman	Boykins
Bruns	Burnett	Byrd	Chinn	Chappelle-Nadal
Cooper 120	Cooper 155	Cooper 158	Corcoran	Cunningham 145
Cunningham 86	Curls	Daus	Davis	Day
Deeken	Dempsey	Denison	Dethrow	Dixon
Donnelly	Dougherty	Dusenberg	El-Amin	Emery
Ervin	Faith	Fares	Fisher	Flook
Franz	Fraser	George	Goodman	Guest
Haywood	Hobbs	Hoskins	Hubbard	Hughes
Hunter	Icet	Jackson	Johnson 47	Jolly
Jones	Kelly	Kingery	Kratky	Kraus
Kuessner	Lager	Lembke	Liese	Lipke
Loehner	Low 39	Lowe 44	May	McGhee
Meadows	Meiners	Moore	Munzlinger	Muschany
Myers	Nance	Nieves	Nolte	Oxford
Parker	Parson	Phillips	Pollock	Portwood
Pratt	Quinn	Rector	Richard	Roark
Robb	Robinson	Rucker	Ruestman	Rupp
Salva	Sander	Sater	Schaaf	Schad
Schlottach	Schneider	Schoemehl	Selby	Self
Shoemyer	Silvey	Smith 14	Smith 118	Spreng
Stefanick	Stevenson	St. Onge	Storch	Sutherland
Swinger	Threlkeld	Tilley	Viebrock	Villa
Vogt	Wagner	Wallace	Walsh	Walton
Wasson	Wells	Weter	Whorton	Wilson 119
Wilson 130	Witte	Wood	Wright 137	Wright 159
Wright-Jones	Yaeger	Yates	Young	Zweifel
Mr Speaker

NOES: 013

Aull	Bringer	Brown 50	Darrough	Harris 23
Harris 110	Henke	Johnson 61	Lampe	LeVota
Page	Skaggs	Wildberger

PRESENT: 005

Brooks	Brown 30	Casey	Johnson 90	Roorda

ABSENT WITH LEAVE: 003

Bean	Marsh	Pearce

VACANCIES: 001

HCS SCS SBs 10 & 27, relating to controlled substances, was taken up by Representative Lipke.

On motion of Representative Lipke, HCS SCS SBs 10 & 27 was read the third time and passed by the following vote:

AYES: 159

Aull	Avery	Baker 25	Baker 123	Bearden
Behnen	Bivins	Black	Bland	Bowman
Boykins	Bringer	Brooks	Brown 30	Brown 50
Bruns	Burnett	Byrd	Casey	Chinn
Cooper 120	Cooper 155	Cooper 158	Corcoran	Cunningham 145
Cunningham 86	Curls	Darrough	Daus	Davis
Day	Deeken	Dempsey	Denison	Dethrow
Dixon	Donnelly	Dougherty	Dusenberg	El-Amin
Emery	Ervin	Faith	Fares	Fisher
Flook	Franz	Fraser	George	Goodman
Guest	Harris 23	Harris 110	Haywood	Henke
Hobbs	Hoskins	Hubbard	Hughes	Hunter
Icet	Jackson	Johnson 47	Johnson 61	Johnson 90
Jolly	Jones	Kelly	Kingery	Kratky
Kraus	Kuessner	Lager	Lampe	Lembke
LeVota	Liese	Lipke	Loehner	Low 39
Lowe 44	May	McGhee	Meadows	Meiners
Moore	Munzlinger	Muschany	Myers	Nance
Nieves	Nolte	Oxford	Page	Parker
Parson	Pearce	Phillips	Pollock	Portwood
Pratt	Quinn	Rector	Richard	Roark
Robb	Robinson	Roorda	Rucker	Ruestman
Rupp	Salva	Sander	Sater	Schaaf
Schad	Schlottach	Schneider	Schoemehl	Selby
Self	Shoemyer	Silvey	Skaggs	Smith 14
Smith 118	Spreng	Stefanick	Stevenson	St. Onge
Storch	Sutherland	Swinger	Threlkeld	Tilley
Viebrock	Villa	Vogt	Wagner	Wallace
Walsh	Walton	Wasson	Wells	Weter
Whorton	Wildberger	Wilson 119	Wilson 130	Witte
Wood	Wright 137	Wright 159	Wright-Jones	Yaeger
Yates	Young	Zweifel	Mr Speaker

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 003

Bean	Chappelle-Nadal	Marsh

VACANCIES: 001

AYES: 158

Aull	Avery	Baker 25	Baker 123	Bearden
Behnen	Bivins	Black	Bland	Bowman
Boykins	Bringer	Brooks	Brown 30	Brown 50
Bruns	Burnett	Byrd	Casey	Chinn
Cooper 155	Cooper 158	Corcoran	Cunningham 145	Cunningham 86
Curls	Darrough	Daus	Davis	Day
Deeken	Dempsey	Denison	Dethrow	Dixon
Donnelly	Dougherty	Dusenberg	El-Amin	Emery
Ervin	Faith	Fares	Fisher	Flook
Franz	Fraser	George	Goodman	Guest
Harris 23	Harris 110	Haywood	Henke	Hobbs
Hoskins	Hubbard	Hughes	Hunter	Icet
Jackson	Johnson 47	Johnson 61	Johnson 90	Jolly
Jones	Kelly	Kingery	Kratky	Kraus
Kuessner	Lager	Lampe	Lembke	LeVota
Liese	Lipke	Loehner	Low 39	Lowe 44
May	McGhee	Meadows	Meiners	Moore
Munzlinger	Muschany	Myers	Nance	Nieves
Nolte	Oxford	Page	Parker	Parson
Pearce	Phillips	Pollock	Portwood	Pratt
Quinn	Rector	Richard	Roark	Robb
Robinson	Roorda	Rucker	Ruestman	Rupp
Salva	Sander	Sater	Schaaf	Schad
Schlottach	Schneider	Schoemehl	Selby	Self
Shoemyer	Silvey	Skaggs	Smith 14	Smith 118
Spreng	Stefanick	Stevenson	St. Onge	Storch
Sutherland	Swinger	Threlkeld	Tilley	Viebrock
Villa	Vogt	Wagner	Wallace	Walsh
Walton	Wasson	Wells	Weter	Whorton
Wildberger	Wilson 119	Wilson 130	Witte	Wood
Wright 137	Wright 159	Wright-Jones	Yaeger	Yates
Young	Zweifel	Mr Speaker

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 004

Bean	Chappelle-Nadal	Cooper 120	Marsh

VACANCIES: 001

HCS SCS SB 252, relating to military facilities, was taken up by Representative Pearce.

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 252, Section 41.1016, Page 4, Line 2, by deleting the words “their primary or secondary”; and

Further amend said line, by inserting immediately after the word “their” the word “unemancipated”; and

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

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 252, Section 41.1016, Page 4, Line 5, by inserting after all of said line the following:

“143.121. 1. The Missouri adjusted gross income of a resident individual shall be the taxpayer's federal adjusted gross income subject to the modifications in this section.

(a) The amount of any federal income tax refund received for a prior year which resulted in a Missouri income tax benefit;

(b) Interest on certain governmental obligations excluded from federal gross income by Section 103 of the Internal Revenue Code. The previous sentence shall not apply to interest on obligations of the state of Missouri or any of its political subdivisions or authorities and shall not apply to the interest described in subdivision (a) of subsection 3 of this section. The amount added pursuant to this paragraph shall be reduced by the amounts applicable to such interest that would have been deductible in computing the taxable income of the taxpayer except only for the application of Section 265 of the Internal Revenue Code. The reduction shall only be made if it is at least five hundred dollars;

(c) The amount of any deduction that is included in the computation of federal taxable income pursuant to Section 168 of the Internal Revenue Code as amended by the Job Creation and Worker Assistance Act of 2002 to the extent the amount deducted relates to property purchased on or after July 1, 2002, but before July 1, 2003, and to the extent the amount deducted exceeds the amount that would have been deductible pursuant to Section 168 of the Internal Revenue Code of 1986 as in effect on January 1, 2002; and

(d) The amount of any deduction that is included in the computation of federal taxable income for net operating loss allowed by Section 172 of the Internal Revenue Code of 1986, as amended, other than the deduction allowed by Section 172(b)(1)(G) and Section 172(i) of the Internal Revenue Code of 1986, as amended, for a net operating loss the taxpayer claims in the tax year in which the net operating loss occurred or carries forward for a period of more than twenty years and carries backward for more than two years. Any amount of net operating loss taken against federal income taxes but disallowed against Missouri income taxes pursuant to this paragraph since July 1, 2002, may be carried forward and taken against any loss on the Missouri income tax return for a period of not more than twenty years from the year of the initial loss.

3. There shall be subtracted from the taxpayer's federal adjusted gross income the following amounts to the extent included in federal adjusted gross income:

(a) Interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission or instrumentality of the United States to the extent exempt from Missouri income taxes pursuant to the laws of the United States. The amount subtracted pursuant to this paragraph shall be reduced by any interest on indebtedness incurred to carry the described obligations or securities and by any expenses incurred in the production of interest or dividend income described in this paragraph. The reduction in the previous sentence shall only apply to the extent that such expenses including amortizable bond premiums are deducted in determining the taxpayer's federal adjusted gross income or included in the taxpayer's Missouri itemized deduction. The reduction shall only be made if the expenses total at least five hundred dollars;

(b) The portion of any gain, from the sale or other disposition of property having a higher adjusted basis to the taxpayer for Missouri income tax purposes than for federal income tax purposes on December 31, 1972, that does not exceed such difference in basis. If a gain is considered a long-term capital gain for federal income tax purposes, the modification shall be limited to one-half of such portion of the gain;

(c) The amount necessary to prevent the taxation pursuant to this chapter of any annuity or other amount of income or gain which was properly included in income or gain and was taxed pursuant to the laws of Missouri for a taxable year prior to January 1, 1973, to the taxpayer, or to a decedent by reason of whose death the taxpayer acquired the right to receive the income or gain, or to a trust or estate from which the taxpayer received the income or gain;

(d) Accumulation distributions received by a taxpayer as a beneficiary of a trust to the extent that the same are included in federal adjusted gross income;

(e) The amount of any state income tax refund for a prior year which was included in the federal adjusted gross income;

(f) The portion of capital gain specified in section 135.357, RSMo, that would otherwise be included in federal adjusted gross income; [and]

(g) The amount that would have been deducted in the computation of federal taxable income pursuant to Section 168 of the Internal Revenue Code as in effect on January 1, 2002, to the extent that amount relates to property purchased on or after July 1, 2002, but before July 1, 2003, and to the extent that amount exceeds the amount actually deducted pursuant to Section 168 of the Internal Revenue Code as amended by the Job Creation and Worker Assistance Act of 2002; and

(h) For all tax years beginning on or after January 1, 2005, the amount of any income received for military service while the taxpayer serves in a combat zone which is included in federal adjusted gross income and not otherwise excluded therefrom. As used in this section, "combat zone" means any area which the President of the United States by Executive Order designates as an area in which armed forces of the United States are or have engaged in combat. Service is performed in a combat zone only if performed on or after the date designated by the President by Executive Order as the date of the commencing of combat activities in such zone, and on or before the date designated by the President by Executive Order as the date of the termination of combatant activities in such zone.

4. There shall be added to or subtracted from the taxpayer's federal adjusted gross income the taxpayer's share of the Missouri fiduciary adjustment provided in section 143.351.

5. There shall be added to or subtracted from the taxpayer's federal adjusted gross income the modifications provided in section 143.411.”; and

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

On motion of Representative Avery, House Amendment No. 2 was adopted by the following vote:

AYES: 159

Aull	Avery	Baker 25	Baker 123	Bearden
Behnen	Bivins	Black	Bland	Bowman
Boykins	Bringer	Brooks	Brown 30	Brown 50
Bruns	Burnett	Byrd	Casey	Chinn
Chappelle-Nadal	Cooper 120	Cooper 158	Corcoran	Cunningham 145
Cunningham 86	Curls	Darrough	Daus	Davis
Day	Deeken	Dempsey	Denison	Dethrow
Dixon	Donnelly	Dougherty	Dusenberg	El-Amin
Emery	Ervin	Faith	Fares	Fisher
Flook	Franz	Fraser	George	Goodman
Guest	Harris 23	Harris 110	Haywood	Henke
Hobbs	Hoskins	Hubbard	Hughes	Hunter
Icet	Jackson	Johnson 47	Johnson 61	Johnson 90
Jolly	Jones	Kelly	Kingery	Kratky
Kraus	Kuessner	Lager	Lampe	Lembke
LeVota	Liese	Lipke	Loehner	Low 39
Lowe 44	May	McGhee	Meadows	Meiners
Moore	Munzlinger	Muschany	Myers	Nance
Nieves	Nolte	Oxford	Page	Parker
Parson	Pearce	Phillips	Pollock	Portwood
Pratt	Quinn	Rector	Richard	Roark
Robb	Robinson	Roorda	Rucker	Ruestman
Rupp	Salva	Sander	Sater	Schaaf
Schad	Schlottach	Schneider	Schoemehl	Selby
Self	Shoemyer	Silvey	Skaggs	Smith 14
Smith 118	Spreng	Stefanick	Stevenson	St. Onge
Storch	Sutherland	Swinger	Threlkeld	Tilley
Viebrock	Villa	Vogt	Wagner	Wallace
Walsh	Walton	Wasson	Wells	Weter
Whorton	Wildberger	Wilson 119	Wilson 130	Witte
Wood	Wright 137	Wright 159	Wright-Jones	Yaeger
Yates	Young	Zweifel	Mr Speaker

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 003

Bean	Cooper 155	Marsh

VACANCIES: 001

Representative Goodman raised a point of order that House Amendment No. 3 goes beyond the scope of the underlying bill.

On motion of Representative Pearce, HCS SCS SB 252, as amended, was read the third time and passed by the following vote:

AYES: 157

Aull	Avery	Baker 25	Baker 123	Bearden
Behnen	Bivins	Black	Bland	Bowman
Boykins	Bringer	Brooks	Brown 30	Brown 50
Burnett	Byrd	Casey	Chinn	Chappelle-Nadal
Cooper 120	Cooper 155	Cooper 158	Corcoran	Cunningham 145
Cunningham 86	Curls	Darrough	Daus	Davis
Day	Deeken	Dempsey	Denison	Dethrow
Dixon	Donnelly	Dougherty	Dusenberg	El-Amin
Emery	Ervin	Faith	Fares	Fisher
Flook	Franz	Fraser	George	Goodman
Guest	Harris 23	Harris 110	Haywood	Henke
Hobbs	Hoskins	Hubbard	Hughes	Hunter
Icet	Jackson	Johnson 61	Johnson 90	Jolly
Jones	Kelly	Kingery	Kratky	Kraus
Kuessner	Lager	Lampe	Lembke	LeVota
Liese	Lipke	Loehner	Low 39	Lowe 44
May	McGhee	Meadows	Meiners	Moore
Munzlinger	Muschany	Myers	Nance	Nieves
Nolte	Oxford	Page	Parker	Parson
Pearce	Phillips	Pollock	Portwood	Pratt
Quinn	Rector	Richard	Roark	Robb
Robinson	Roorda	Rucker	Ruestman	Rupp
Salva	Sander	Sater	Schaaf	Schad
Schlottach	Schoemehl	Selby	Self	Shoemyer
Silvey	Skaggs	Smith 14	Smith 118	Spreng
Stefanick	Stevenson	St. Onge	Storch	Sutherland
Swinger	Threlkeld	Tilley	Viebrock	Villa
Vogt	Wagner	Wallace	Walsh	Walton
Wasson	Wells	Weter	Whorton	Wildberger
Wilson 119	Wilson 130	Witte	Wood	Wright 137
Wright 159	Wright-Jones	Yaeger	Yates	Young
Zweifel	Mr Speaker

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 005

Bean	Bruns	Johnson 47	Marsh	Schneider

VACANCIES: 001

AYES: 159

Aull	Avery	Baker 25	Baker 123	Bearden
Behnen	Bivins	Black	Bland	Bowman
Boykins	Bringer	Brooks	Brown 30	Brown 50
Bruns	Burnett	Byrd	Casey	Chinn
Chappelle-Nadal	Cooper 120	Cooper 155	Cooper 158	Corcoran
Cunningham 145	Cunningham 86	Curls	Darrough	Daus
Davis	Day	Deeken	Dempsey	Denison
Dethrow	Dixon	Donnelly	Dougherty	Dusenberg
El-Amin	Emery	Ervin	Faith	Fares
Fisher	Flook	Franz	Fraser	George
Goodman	Guest	Harris 23	Harris 110	Haywood
Henke	Hobbs	Hoskins	Hubbard	Hughes
Hunter	Icet	Jackson	Johnson 47	Johnson 61
Johnson 90	Jolly	Jones	Kelly	Kingery
Kratky	Kraus	Kuessner	Lager	Lampe
Lembke	LeVota	Liese	Lipke	Loehner
Low 39	Lowe 44	May	McGhee	Meadows
Meiners	Moore	Munzlinger	Muschany	Myers
Nance	Nieves	Nolte	Oxford	Page
Parker	Parson	Pearce	Phillips	Pollock
Portwood	Pratt	Quinn	Rector	Richard
Roark	Robb	Robinson	Roorda	Rucker
Ruestman	Rupp	Salva	Sander	Sater
Schaaf	Schad	Schlottach	Schoemehl	Selby
Self	Shoemyer	Silvey	Skaggs	Smith 14
Smith 118	Spreng	Stefanick	Stevenson	St. Onge
Storch	Sutherland	Swinger	Threlkeld	Tilley
Viebrock	Villa	Vogt	Wagner	Wallace
Walsh	Walton	Wasson	Wells	Weter
Whorton	Wildberger	Wilson 119	Wilson 130	Witte
Wood	Wright 137	Wright 159	Wright-Jones	Yaeger
Yates	Young	Zweifel	Mr Speaker

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 003

Bean	Marsh	Schneider

VACANCIES: 001

HCS SCS SBs 103 & 115, relating to pupil residency waivers, was taken up by Representative Yates.

On motion of Representative Yates, HCS SCS SBs 103 & 115 was read the third time and passed by the following vote:

AYES: 136

Aull	Avery	Baker 25	Baker 123	Bearden
Behnen	Bivins	Black	Bland	Bringer
Brooks	Brown 30	Brown 50	Bruns	Burnett
Byrd	Casey	Chinn	Cooper 120	Cooper 155
Cooper 158	Corcoran	Cunningham 145	Cunningham 86	Curls
Darrough	Davis	Day	Deeken	Dempsey
Denison	Dethrow	Dixon	Dougherty	Dusenberg
Emery	Ervin	Faith	Fares	Fisher
Flook	Franz	George	Goodman	Guest
Harris 23	Harris 110	Henke	Hobbs	Hughes
Hunter	Icet	Jackson	Johnson 47	Johnson 90
Jolly	Jones	Kelly	Kingery	Kratky
Kraus	Kuessner	Lager	Lampe	Lembke
LeVota	Liese	Lipke	Loehner	Lowe 44
May	McGhee	Meadows	Meiners	Moore
Munzlinger	Muschany	Myers	Nance	Nieves
Nolte	Page	Parker	Parson	Pearce
Phillips	Pollock	Portwood	Pratt	Quinn
Rector	Richard	Roark	Robb	Robinson
Roorda	Ruestman	Rupp	Salva	Sander
Sater	Schaaf	Schad	Schlottach	Schoemehl
Selby	Self	Silvey	Skaggs	Smith 14
Smith 118	Spreng	Stefanick	Stevenson	Sutherland
Swinger	Threlkeld	Tilley	Viebrock	Villa
Wagner	Wallace	Wasson	Wells	Weter
Wilson 119	Wilson 130	Witte	Wood	Wright 137
Wright 159	Yaeger	Yates	Young	Zweifel
Mr Speaker

NOES: 023

Bowman	Boykins	Chappelle-Nadal	Daus	Donnelly
El-Amin	Fraser	Haywood	Hoskins	Hubbard
Johnson 61	Low 39	Oxford	Rucker	Shoemyer
St. Onge	Storch	Vogt	Walsh	Walton
Whorton	Wildberger	Wright-Jones

PRESENT: 000

ABSENT WITH LEAVE: 003

Bean	Marsh	Schneider

VACANCIES: 001

SB 131, relating to domestic insurer investments, was taken up by Representative Yates.

On motion of Representative Yates, SB 131 was truly agreed to and finally passed by the following vote:

AYES: 151

Aull	Avery	Baker 25	Baker 123	Bearden
Behnen	Bivins	Black	Bland	Bowman
Boykins	Bringer	Brown 30	Brown 50	Bruns
Burnett	Byrd	Casey	Chinn	Cooper 120
Cooper 155	Cooper 158	Corcoran	Cunningham 145	Cunningham 86
Curls	Darrough	Daus	Davis	Day
Deeken	Dempsey	Denison	Dethrow	Dixon
Dougherty	Dusenberg	Emery	Ervin	Faith
Fares	Fisher	Flook	Franz	Fraser
George	Goodman	Guest	Harris 23	Harris 110
Haywood	Henke	Hobbs	Hoskins	Hubbard
Hughes	Hunter	Icet	Jackson	Johnson 47
Johnson 90	Jolly	Jones	Kelly	Kingery
Kratky	Kraus	Kuessner	Lager	Lampe
Lembke	LeVota	Liese	Lipke	Loehner
Low 39	Lowe 44	May	McGhee	Meadows
Meiners	Moore	Munzlinger	Muschany	Myers
Nance	Nieves	Nolte	Oxford	Page
Parker	Parson	Pearce	Phillips	Pollock
Portwood	Pratt	Quinn	Rector	Richard
Roark	Robb	Robinson	Roorda	Rucker
Ruestman	Rupp	Salva	Sander	Sater
Schaaf	Schad	Schlottach	Selby	Self
Shoemyer	Silvey	Skaggs	Smith 14	Smith 118
Spreng	Stefanick	Stevenson	St. Onge	Storch
Sutherland	Swinger	Threlkeld	Tilley	Viebrock
Villa	Vogt	Wagner	Wallace	Walsh
Walton	Wasson	Wells	Weter	Wildberger
Wilson 119	Wilson 130	Witte	Wood	Wright 137
Wright 159	Yaeger	Yates	Young	Zweifel
Mr Speaker

NOES: 004

Chappelle-Nadal	Donnelly	Whorton	Wright-Jones

PRESENT: 003

Brooks	El-Amin	Johnson 61

ABSENT WITH LEAVE: 004

Bean	Marsh	Schneider	Schoemehl

VACANCIES: 001

SCS SB 133, relating to the cafeteria plan for state employees, was taken up by Representative Yates.

On motion of Representative Yates, SCS SB 133 was truly agreed to and finally passed by the following vote:

AYES: 159

Aull	Avery	Baker 25	Baker 123	Bearden
Behnen	Bivins	Black	Bland	Bowman
Boykins	Bringer	Brooks	Brown 30	Brown 50
Bruns	Burnett	Byrd	Casey	Chinn
Chappelle-Nadal	Cooper 120	Cooper 155	Cooper 158	Corcoran
Cunningham 145	Cunningham 86	Curls	Darrough	Daus
Davis	Day	Deeken	Dempsey	Denison
Dethrow	Dixon	Donnelly	Dougherty	Dusenberg
Emery	Ervin	Faith	Fares	Fisher
Flook	Franz	Fraser	George	Goodman
Guest	Harris 23	Harris 110	Haywood	Henke
Hobbs	Hoskins	Hubbard	Hughes	Hunter
Icet	Jackson	Johnson 47	Johnson 61	Johnson 90
Jolly	Jones	Kelly	Kingery	Kratky
Kraus	Kuessner	Lager	Lampe	Lembke
LeVota	Liese	Lipke	Loehner	Low 39
Lowe 44	May	McGhee	Meadows	Meiners
Moore	Munzlinger	Muschany	Myers	Nance
Nieves	Nolte	Oxford	Page	Parker
Parson	Pearce	Phillips	Pollock	Portwood
Pratt	Quinn	Rector	Richard	Roark
Robb	Robinson	Roorda	Rucker	Ruestman
Rupp	Salva	Sander	Sater	Schaaf
Schad	Schlottach	Schneider	Schoemehl	Selby
Self	Shoemyer	Silvey	Skaggs	Smith 14
Smith 118	Spreng	Stefanick	Stevenson	St. Onge
Storch	Sutherland	Swinger	Threlkeld	Tilley
Viebrock	Villa	Vogt	Wagner	Wallace
Walsh	Walton	Wasson	Wells	Weter
Whorton	Wildberger	Wilson 119	Wilson 130	Witte
Wood	Wright 137	Wright 159	Wright-Jones	Yaeger
Yates	Young	Zweifel	Mr Speaker

NOES: 001

El-Amin

PRESENT: 000

ABSENT WITH LEAVE: 002

Bean	Marsh

VACANCIES: 001

SB 149, relating to state personnel law, was taken up by Representative Stevenson.

On motion of Representative Stevenson, SB 149 was truly agreed to and finally passed by the following vote:

AYES: 117

Aull	Avery	Baker 123	Bearden	Behnen
Bivins	Black	Brown 30	Brown 50	Bruns
Burnett	Byrd	Chinn	Cooper 120	Cooper 155
Cooper 158	Cunningham 145	Cunningham 86	Darrough	Davis
Day	Deeken	Dempsey	Denison	Dethrow
Dixon	Dusenberg	Emery	Ervin	Faith
Fares	Fisher	Flook	Franz	Goodman
Guest	Harris 23	Hobbs	Hubbard	Hunter
Icet	Jackson	Johnson 47	Jolly	Jones
Kelly	Kingery	Kraus	Kuessner	Lager
Lampe	Lembke	LeVota	Liese	Lipke
Loehner	May	McGhee	Moore	Munzlinger
Muschany	Myers	Nance	Nieves	Nolte
Page	Parker	Parson	Pearce	Phillips
Pollock	Portwood	Pratt	Quinn	Rector
Richard	Roark	Robb	Ruestman	Rupp
Salva	Sander	Sater	Schaaf	Schad
Schlottach	Schneider	Schoemehl	Self	Silvey
Smith 14	Smith 118	Spreng	Stefanick	Stevenson
St. Onge	Sutherland	Threlkeld	Tilley	Viebrock
Villa	Vogt	Wagner	Wallace	Walsh
Wasson	Wells	Weter	Wildberger	Wilson 119
Wilson 130	Wood	Wright 137	Wright 159	Yates
Young	Mr Speaker

NOES: 042

Baker 25	Bland	Bowman	Boykins	Bringer
Brooks	Casey	Chappelle-Nadal	Corcoran	Curls
Daus	Donnelly	Dougherty	El-Amin	Fraser
George	Harris 110	Haywood	Henke	Hoskins
Hughes	Johnson 61	Johnson 90	Kratky	Low 39
Lowe 44	Meadows	Meiners	Oxford	Robinson
Roorda	Rucker	Selby	Shoemyer	Skaggs
Storch	Swinger	Whorton	Witte	Wright-Jones
Yaeger	Zweifel

PRESENT: 000

ABSENT WITH LEAVE: 003

Bean	Marsh	Walton

VACANCIES: 001

On motion of Representative Richard, SB 156 was truly agreed to and finally passed by the following vote:

AYES: 159

Aull	Avery	Baker 25	Baker 123	Bearden
Behnen	Bivins	Black	Bland	Bowman
Boykins	Bringer	Brooks	Brown 30	Brown 50
Bruns	Burnett	Byrd	Casey	Chinn
Chappelle-Nadal	Cooper 120	Cooper 155	Cooper 158	Corcoran
Cunningham 145	Cunningham 86	Curls	Darrough	Daus
Davis	Day	Deeken	Dempsey	Denison
Dethrow	Dixon	Donnelly	Dougherty	Dusenberg
El-Amin	Emery	Ervin	Faith	Fares
Fisher	Flook	Franz	Fraser	George
Goodman	Guest	Harris 23	Harris 110	Haywood
Henke	Hobbs	Hoskins	Hubbard	Hughes
Icet	Jackson	Johnson 47	Johnson 61	Johnson 90
Jolly	Jones	Kelly	Kingery	Kratky
Kraus	Kuessner	Lager	Lampe	Lembke
LeVota	Liese	Lipke	Loehner	Low 39
Lowe 44	May	McGhee	Meadows	Meiners
Moore	Munzlinger	Muschany	Myers	Nance
Nieves	Nolte	Oxford	Page	Parker
Parson	Pearce	Phillips	Pollock	Portwood
Pratt	Quinn	Rector	Richard	Roark
Robb	Robinson	Roorda	Rucker	Ruestman
Rupp	Salva	Sander	Sater	Schaaf
Schad	Schlottach	Schneider	Schoemehl	Selby
Self	Shoemyer	Silvey	Skaggs	Smith 14
Smith 118	Spreng	Stefanick	Stevenson	St. Onge
Storch	Sutherland	Swinger	Threlkeld	Tilley
Viebrock	Villa	Vogt	Wagner	Wallace
Walsh	Walton	Wasson	Wells	Weter
Whorton	Wildberger	Wilson 119	Wilson 130	Witte
Wood	Wright 137	Wright 159	Wright-Jones	Yaeger
Yates	Young	Zweifel	Mr Speaker

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 003

Bean	Hunter	Marsh

VACANCIES: 001

Mr. Speaker: Your Committee on Fiscal Review, to which was referred SS SCS SB 179 (Fiscal Note), begs leave to report it has been furnished an updated fiscal note and does not require fiscal review.

Mr. Speaker: Your Committee on Budget, to which was referred HB 18, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

Committee on Elementary and Secondary Education, Chairman Cunningham (86) reporting:

Mr. Speaker: Your Committee on Elementary and Secondary Education, to which was referred HB 842 and HB 831, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

Mr. Speaker: Your Committee on Job Creation and Economic Development, to which was referred SS SB 343, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HB 1, entitled:

An act to appropriate money to the Board of Fund Commissioners for the cost of issuing and processing State Water Pollution Control Bonds, Stormwater Control Bonds, Third State Building Bonds, and Fourth State Building Bonds, as provided by law, to include payments from the Water Pollution Control Bond and Interest Fund, Stormwater Control Bond and Interest Fund, Third State Building Bond Interest and Sinking Fund, Fourth State Building Bond and Interest Fund, Water Pollution Control Fund, and Stormwater Control Fund, and to transfer money among certain funds for the period beginning July 1, 2005 and ending June 30, 2006.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 2, entitled:

An act to appropriate money for the expenses, grants, refunds, and distributions of the State Board of Education and the Department of Elementary and Secondary Education, the several divisions and programs thereof, and the Office of Administration to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2005 and ending June 30, 2006.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 3, entitled:

An act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Higher Education, the several divisions, programs, and institutions of higher education included therein, and the Office of Administration to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2005 and ending June 30, 2006.

AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 3, Page 1, Section 3.005, Line 8, by inserting after said line the following:

“From Federal Funds and Other Funds (Not to exceed 6.08 F.T.E.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1E

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$695,134"; and

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 4, entitled:

An act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Revenue, Department of Transportation, the several divisions and programs thereof, and the Office of Administration, to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2005 and ending June 30, 2006.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 5, entitled:

An act to appropriate money for the expenses, grants, refunds, and distributions of the Office of Administration, the Department of Transportation, the Department of Public Safety, and the Chief Executive’s Office, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2005 and ending June 30, 2006.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 6, entitled:

An act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Agriculture, Department of Natural Resources, Department of Conservation, and the Office of Administration, and the several divisions and programs thereof and for the expenses, grants, refunds, distributions, and capital improvements projects involving the repair, replacement, and maintenance of state buildings and facilities of the Department of Natural Resources and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 2005 and ending June 30, 2006.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 7, entitled:

An act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Economic Development, Department of Insurance, Department of Labor and Industrial Relations, and the Office of Administration and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2005 and ending June 30, 2006.

AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 7, Page 8, Section 7.105, Line 7, by deleting the number “$29,628" and inserting in lieu thereof the number “$50,000"; and

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 8, entitled:

An act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Public Safety, the several divisions and programs thereof, and the Office of Administration, to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain finds for the period beginning July 1, 2005 and ending June 30, 2006.

AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 8, Page 10, Section 8.130, Line 12, by inserting immediately after the word "Fund" the following “or General Revenue Fund”.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 9, entitled:

An act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Corrections and the Office of Administration and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2005 and ending June 30, 2006.

We, the undersigned, comprising more than one-third of the membership of the Missouri House of Representatives request, pursuant to Article III, Section 22, of the Constitution of the State of Missouri and Rule 34 of the Rules of this House, that the Senior Citizens Advocacy Committee (Representative Mark Bruns, Chair) be relieved of HCR 14 pertaining to privatization of the Social Security program and that said resolution be placed upon the House Calendar as provided by Rule 34 of the House.

WHEREAS, the State of Missouri recognizes that over 1,033,886 residents of all ages in this state receive guaranteed Social Security benefits which allow them to live without sinking into poverty or suffering from a diminished quality of life because of retirement, disability, or the death of a parent or spouse; and

WHEREAS, Social Security protects Missourians by providing guaranteed benefits not only for retirees, but also for 184,858 disabled workers and their families, as well as for almost 90,000 children in our state; and

WHEREAS, Social Security is particularly critical to the 420,699 Missouri women who receive benefits since women typically live longer, earn less money, and generally spend less time in the labor force due to child care responsibilities; and

WHEREAS, Social Security is a progressive program that continues to pay guaranteed benefits for the duration of the recipients' lifetimes, that is indexed for inflation, that functions with extreme efficiency, and that currently operates with a surplus; and

WHEREAS, the nonpartisan Congressional Budget Office (CBO) predicts that there will be no shortfall until 2052, when Social Security will be able to pay only 80% of recipients' benefits due to insufficient revenue from payroll tax; and

WHEREAS, in the past, the Social Security Trust Fund has encountered similar challenges, including larger projected shortfalls during the 1980's, which were resolved without privatization schemes and without reducing guaranteed benefits for the elderly, disabled, and children; and

WHEREAS, the Bush Administration's proposals to partially privatize Social Security through the creation of private accounts cannot guarantee returns that equal or exceed recipients' guaranteed benefits through the current Social Security system; and

WHEREAS, the creation of such a private accounts system would entail a massive cost to our country, adding an estimated $2 trillion to our national deficit which would take an estimated 60 years to pay back; and

WHEREAS, future Social Security recipients would also pay a much higher cost for private accounts than for the guaranteed benefits current recipients receive since the current system spends just 0.6 cents of every dollar on administrative costs while a private accounts system would waste at least 5 cents of every dollar; and

WHEREAS, under President Bush's proposal, guaranteed Social Security protections to the elderly, disabled, survivors, and children will gradually erode for future generations driving millions of Americans into poverty and destroying the most successful social insurance program ever created in the United States:

NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-third General Assembly, First Regular Session, the Senate concurring therein, hereby call upon the Missouri Congressional Delegation to recognize the unique features of Social Security: guaranteed benefits, protection from market fluctuations, inflation indexing, lifelong protection in case of disability, death of a spouse or parent, and insufficient retirement income, progressive benefits that are linked to earnings and that cannot lose value over the recipient's lifetime; and

BE IT FURTHER RESOLVED that the Missouri General Assembly calls upon the Missouri Congressional Delegation to oppose restructuring the Social Security Trust Fund to create private accounts that reduce guaranteed benefits for hundreds of thousands of Missourians, especially women and children who will be disproportionately affected and who depend on Social Security for their survival and well-being; and

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for President George W. Bush, the members of the Missouri Congressional Delegation, and Governor Matt Blunt.

On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Wednesday, April 27, 2005.

I, State Representative Terry Young, District 49, hereby state and affirm that my vote as recorded on the motion to adopt Part II to the House Committee Substitute for Senate Bill No. 189 in the House Journal for April 26, 2005 showing that I voted absent was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted aye. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.

IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 26th day of April 2005.

I, State Representative Robin Wright-Jones, District 63, hereby state and affirm that my vote as recorded on the motion to adopt Part II to the House Committee Substitute for Senate Bill No. 189 in the House Journal for April 26, 2005 showing that I voted absent was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted aye. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.

IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 26th day of April 2005.